[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[Issue]
[Pages 20341-20772]
[From the U.S. Government Publishing Office, www.gpo.gov]


  


[[Page 20341]]

                           VOLUME 153--PART 15

                    SENATE--Wednesday, July 25, 2007



  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Sheldon Whitehouse, a Senator from the State of Rhode Island.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, we thank You for this day and for the freedoms and 
liberties of this Nation. Bless our leaders with wisdom and compassion 
so that they may serve You with faithfulness.
  Guide our Senators so that they will honor one another and serve the 
common good. Help them to remember that they live and govern only 
through Your grace. Lord, pour Your love into their hearts so that 
their words and actions may be seasoned with Your fragrance.
  Also, Lord, extend Your loving-kindness to those in our world who do 
not experience the blessings of freedom. Use our lawmakers to bring 
deliverance to captives and to help the oppressed go free. We desire to 
pray according to Your will. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Sheldon Whitehouse led the Pledge of Allegiance, as 
follows:

       I pledge allegiance to the Flag of the United States of 
     America and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                    Washington, DC, July 25, 2007.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Sheldon Whitehouse, a Senator from the State of Rhode Island, 
     to perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. WHITEHOUSE thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, this morning we will be in a period of 
morning business for 1 hour. The first half will be controlled by the 
Republicans. Once morning business is closed, the Senate will resume 
consideration of the Homeland Security appropriations bill.
  I understand there are a number of amendments that are being talked 
about to be offered on this legislation today. I hope Members come and 
do that as quickly as possible.

                          ____________________




                 WOUNDED WARRIOR ASSISTANCE ACT OF 2007

  Mr. REID. Mr. President, I yesterday asked by unanimous consent that 
we adopt the Wounded Warrior legislation that was brought to the Senate 
during the Defense authorization bill in a form of a bipartisan 
amendment. A number of Senators worked very hard. Senator Murray is on 
the floor. She worked very hard, and a number of Senators have worked 
very hard on this legislation. It came about as a result of what we 
learned at Walter Reed about how our returning troops from Iraq and 
Afghanistan were being basically neglected. They had been wounded, and 
they were receiving unacceptable and poor treatment when they came 
home. That failure was learned about--not only about the veterans care 
system, which had many bureaucratic failures, but also the physical 
facilities that were there failed to meet a minimum level of 
acceptability. The American people were outraged by the facts that came 
to light, and the Senate took prompt action.
  The Wounded Warrior amendment, now in legislation that is before the 
Senate, would address the substandard facilities we have talked about 
and we have seen. It would address the lack of seamless transition and 
develop one when medical care for troops is transferred from the 
Department of Defense to the Veterans' Administration, which oftentimes 
in the past has led to diminished care. It addresses the inadequacy of 
severance pay. It addresses the need for improved sharing of medical 
records between the Department of Defense and the Veterans' 
Administration. We are told now that there are as many as 600,000 
pending claims of returning veterans. It addresses the inadequate care 
and treatment of traumatic brain injury and post-traumatic stress 
disorder, and a number of other very important items.
  So I again renew my request. Yesterday we were told that the 
Republicans were looking at this. Mr. President, I am going to renew 
this request. There are all kinds of reasons, I guess, for objecting to 
something such as this. Now I am told the reason for objecting is the 
pay raise isn't included. The Wounded Warrior legislation becomes 
effective upon passage and approval. The pay raise for the troops 
doesn't become effective until October 1 or January 1--I don't know how 
the legislation reads, but it is not now. So that would not be a good 
reason in my estimation, and I think in the estimation of these wounded 
warriors, for objecting.
  The pay raise does not become effective until the beginning of the 
fiscal year. In fact, I think it is January 1 of next year. It is 
different than a number of things we pass. But it does not become 
effective now. So if that is a reason for objecting, it is a poor 
reason, because they are two different issues. One is the pay raise 
does not become effective now; this does become effective.

[[Page 20342]]

  So I ask unanimous consent that the Armed Services Committee be 
discharged from further consideration of H.R. 1538, and the Senate 
proceed to its immediate consideration; that the substitute amendment 
at the desk, which is the text of the Wounded Warriors provision in 
H.R. 1585, be considered and agreed to; the bill, as amended, be read a 
third time, passed, and the motion to reconsider be laid on the table; 
and any statements relating to this matter be printed in the Record, 
with no intervening action or debate.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. McCONNELL. Mr. President, reserving the right to object, and I 
will not object, I would hope to get the majority leader to amend his 
unanimous consent request. I notified him through floor staff that it 
would be my hope we could modify the unanimous consent request and not 
only pass the Wounded Warrior provision, which was regretfully taken 
down along with the Defense authorization bill last week, but modify 
that to include the language of section 601 of the Defense 
authorization bill, which would provide for an increase in military 
basic pay of all of our uniformed military personnel. So if the 
majority leader would modify his consent agreement as I have suggested, 
the bill, in effect, that we would be passing would be Wounded Warrior, 
plus the military pay raise. That would be my suggestion to the 
majority leader.
  I am not going to object to his unanimous-consent agreement. I agree 
with him that the Wounded Warrior provisions are extremely important. I 
was disappointed it was taken down along with the Defense authorization 
bill last week, but I would respectfully suggest that it be modified to 
include the pay raise as well.
  Mr. REID. I accept the modification.
  The ACTING PRESIDENT pro tempore. Is there objection to the request, 
as modified?
  Without objection, it is so ordered.
  Mr. REID. Mr. President, could we also send this matter to 
conference?
  Mr. McCONNELL. Mr. President, let me suggest, I do need to consult 
with the ranking member. I am sure that won't be a problem, but to do 
it on the spur of the moment without consulting with the ranking 
member, it would probably not be acceptable to my side. But I can't 
imagine this would be a problem, and we will get back to the majority 
leader shortly.
  Mr. REID. I understand that, Mr. President. I appreciate the 
cooperation. This is a good step forward.
  The amendment (No. 2402) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill (H.R. 1538), as amended, was read the third time and passed.
  Mr. LEVIN. Mr. President, I have offered the Dignified Treatment of 
Wounded Warriors Act as a stand-alone bill that incorporates the 
provisions of the Dignified Treatment of Wounded Warriors Act as marked 
up by the Armed Services Committee and as amended when offered as an 
amendment to the Department of Defense Authorization Act and passed by 
a vote of 94 to 0.
  Our wounded warriors cannot wait, and should not have to wait, for us 
to finish the Department of Defense Authorization Act to get the relief 
contained in this bill. The bill incorporates the ideas of many 
Senators and the consideration of both the Armed Services Committee and 
the Committee on Veterans' Affairs. A total of 51 Senators have 
cosponsored this legislation. It is truly a bipartisan effort to 
address shortfalls in the care of our wounded warriors. I am delighted 
the Senate is passing this bill today so that we can move forward to 
conference with the House of Representatives to reach agreement on a 
bill that both the House and Senate can pass and send to the President.
  This bill addresses the issue of inconsistent disability ratings by 
requiring that the military departments use VA standards for rating 
disabilities unless the Department of Defense rating is higher. The 
bill adopts a more favorable statutory presumption for determining 
whether a disability is incident to military service by adopting the 
more favorable VA presumption. The bill requires two pilot programs to 
test the viability of involving the Veterans' Administration in the 
assignment of disability ratings for the Department of Defense. The 
bill also establishes an independent board to review and, where 
appropriate, correct unjustifiably low Department of Defense disability 
ratings awarded since 2001.
  This bill also addresses the lack of a seamless transition from the 
military to the Veterans' Administration by requiring the Secretary of 
Defense and the Secretary of Veterans Affairs to jointly develop a 
comprehensive policy on the care and management of injured 
servicemembers who will transition from the Department of Defense to 
the VA. The bill establishes a Department of Defense and a Department 
of Veterans Affairs interagency program office to develop and implement 
a joint electronic health record.
  This bill authorizes $50 million for improved diagnosis, treatment 
and rehabilitation of military members with traumatic brain injury, 
TBI, and post-traumatic stress disorder, PTSD. The bill requires the 
establishment of centers of excellence for both TBI and PTSD to conduct 
research and train health care professionals. The bill requires that 
the Secretary of Defense, in consultation with the Secretary of 
Veterans Affairs, report to Congress with comprehensive plans to 
prevent, diagnose, mitigate and treat TBI and PTSD.
  This bill increases the minimum severance pay to 1 year's basic pay 
for those separated with disabilities incurred in a combat zone or 
combat-related activity and 6 months basic pay for all others. This is 
quadrupling or doubling, depending on the circumstance, the current 
arrangement. The bill also eliminates the requirement that severance 
pay be deducted from disability compensation for disabilities incurred 
in a combat zone.
  This bill also addresses the problem that exists because medically 
retired servicemembers who are eligible for Tricare as retirees do not 
have access to some of the cutting-edge treatments that are available 
to members still on active duty. The bill does that by authorizing 
medically retired servicemembers to receive the active duty medical 
benefit for 3 years after the member leaves active duty. This can be 
extended to 5 years where medically required. The bill authorizes 
military and VA health care providers to provide medical care and 
counseling to family members who leave their homes and often leave 
their jobs to help provide care to their wounded warriors. The 
Dignified Treatment of Wounded Warriors Act requires the Secretary of 
Defense to establish standards for the treatment of and housing for 
military outpatients. These standards will require compliance with 
Federal and other standards for military medical treatment facilities, 
specialty medical care facilities, and military housing for outpatients 
that will be uniform and consistent and high level throughout the 
Department of Defense.
  This bill also includes measures proposed by the Committee on 
Veterans' Affairs under the leadership of Senator Akaka that address 
shortfalls in the VA system for care of our wounded warriors after 
their transition to the VA.
  So in summary, the Dignified Treatment of Wounded Warriors Act is a 
comprehensive approach that lays out a path for the Department of 
Defense and the Department of Veterans Affairs to address shortfalls in 
the care of our wounded warriors while they remain in military service, 
during the transition from the military to the VA, and after this 
transition, while in the care of the VA.
  Our wounded warriors deserve the best care and support that we can 
muster. The American people rightly insist on no less. This wide-
ranging legislation will improve the provision of health care and 
benefits to injured military personnel and make the system much more 
efficient as well.

[[Page 20343]]


 Mr. McCAIN. Mr. President, today the Senate adopted, by 
unanimous consent, legislation that will make a significant difference 
in the lives of America's wounded warriors and veterans. I applaud the 
passage of the Dignified Treatment of Wounded Warriors Act and the 3.5 
percent across-the-board pay raise for the men and women of the U.S. 
military.
  This legislation bridges the gap in health care coverage for the 
severely wounded, and ensures their access to the broadest possible 
range of health care services. It authorizes additional care and 
support for families who are caring for the wounded. The bill increases 
traumatic brain injury care for veterans, and access to mental health 
evaluations. It requires the Secretaries of Defense and Veterans 
Affairs to develop and implement new policy to better manage the care 
and transition of our wounded soldiers. It also empowers a special 
board to review disability ratings of 20 percent or less, and to 
restore to wounded soldiers, if appropriate, a higher disability rating 
or retired status. And, it authorizes additional funding for traumatic 
brain injury and post-traumatic stress disorder.
  The disability evaluation systems of the Departments of Defense and 
Veterans Affairs are out of date and in need of reform. This 
legislation advances that reform by requiring the immediate initiation 
of pilot projects to fundamentally change and streamline those 
antiquated systems. The bill also improves benefits related to 
administrative separation from the military due to injury, increasing 
severance pay and eliminating the requirement that severance pay be 
deducted from VA disability compensation for injuries incurred in a 
combat zone.
  The legislation requires the Secretary of Defense to inspect and 
improve medical treatment and residential facilities, and to study the 
accelerated construction of new facilities at the National Military 
Medical Center at Bethesda, MD.
  This legislation is an important step toward restoring trust for 
America's wounded soldiers and veterans. The Senate can be proud that 
it has put the needs of wounded warriors and our selfless service men 
and women ahead of partisanship, jurisdictional boundaries and 
disagreements over policy. We are now ready to move foward to 
conference with the House of Representatives and make overdue 
improvements for our soldiers, their families, and our veterans.
  While I am pleased we have been able to take this action today, very 
critical improvements to defense policy and programs remain in the 
unfinished work on the National Defense Authorization Act for 2008, 
which the Democratic Senate leadership pulled from the Senate floor 
last week because of policy disagreements on Iraq.
  Failure to pass the Defense authorization bill will curtail many 
needed initiatives to support our military personnel and their families 
and to continue the fight on the global war on terror. Our military 
forces deployed throughout the world, including Iraq and Afghanistan, 
need the resources, training, and equipment that this bill would 
provide. Examples of the important authorities that are being held 
hostage to the contentious debate on policy in Iraq include: increasing 
in end-strength for the Army and Marine Corps; providing combat-related 
special compensation to serve members who are; medically retired 
because of a combat-related disability; paying over 25 special pays and 
bonuses designed to improve military recruiting and retention; 
improving military equipment needed to protect deploying forces, 
including $4.0 billion for mine-resistant vehicles known as MRAPs; 
updating Army combat systems and additional funding for armor and 
aviation survivability equipment; building five warships and funding 
for Virginia class submarines; increasing the number of Department of 
Defense and Department of Energy programs to help reduce the threat of 
nuclear materials from the former Soviet Union falling into the hands 
of terrorists; encouraging more focused competition for the billions of 
dollars that the Department of Defense spends on contract services; and 
providing critical authorities to combatant commanders to address 
security priorities and support allies, coalition partners, and others 
in the war on terror.
  I call on the Senate leadership to resume consideration of the 
Defense authorization bill at the earliest possible time, so that these 
and many other critical pieces of the legislation will become law for 
the benefit of our troops. Swift passage of the National Defense 
Authorization Act for 2008, coupled with support for our wounded 
warriors and hard-working troops together represent the full measure of 
support for our military forces that they need, and that they 
unquestionably deserve.
  Mr. WARNER. Mr. President, Senator Levin, along with Senator McCain, 
have forged a comprehensive, bipartisan legislative package to ensure 
that wounded and injured members of the Armed Forces receive the finest 
care and benefits, which they richly deserve.
  I thank Senators on both sides who participated in this legislation, 
on the basis of their own legislative initiatives and their 
amendments--10 of which were agreed to when the bill was considered by 
the full Senate on July 12, 2007.
  I want to underscore that this bill is--in no way--a reflection of 
concern about the quality of acute medical care that our soldiers, 
sailors, airmen, and marines receive when they sustain wounds or 
illness in the field of battle.
  Our men and women in uniform receive the best treatment anywhere in 
the world, and that fact has been sustained by every outside panel 
studying the problems arising from the disclosures at Walter Reed last 
February.
  In fact, just today, the President's Commission on Care for America's 
Wounded Warriors, the Dole-Shalala Commission, found that the survival 
rate of those seriously injured has markedly increased compared to the 
rate in Vietnam and previous wars.
  The report of a commission appointed by Secretary Gates, and led by 
two distinguished former Secretaries of the Army, Togo West and John 
Marsh confirms this by stating: Through advances in battlefield 
medicine, evacuation care, the Department has achieved the lowest 
mortality rates of wounded in history.
  Let us never doubt the bravery and skill of our medical personnel.
  This bill, approved by the Senate this morning, addresses the failure 
of systems--again, quoting from the Department of Defense Commission 
report--failures which included the: product of bureaucratic behavior, 
inability to reconcile institutional disparities, and leaving the 
wounded warrior and family to untangle that which government agencies 
cannot.
  It is with great humility that I recall that I was the first Member 
of the Senate to visit Walter Reed--on February 23, 2007. It happened 
to be the same day that Secretary Gates visited Walter Reed to conduct 
his own inspection.
  In the intervening months, many encouraging developments have taken 
place. I applaud the leadership of Secretary Gates in promptly taking 
action to correct deficiencies at Walter Reed, and insisting on 
accountability for failures in leadership that contributed to 
unacceptable conditions for our soldiers.
  Our committee has also have received assurances from the Secretary of 
the Army Pete Geren, Deputy Secretary of Defense Gordon England and the 
Deputy Secretary of Veterans' Affairs Gordon Mansfield, that each will 
work tirelessly to improve the consistency and effectiveness of their 
management of all soldiers and veterans.
  The bill which has now been passed by unanimous consent is 
comprehensive and deserving of our support. It incorporates many of the 
findings of completed studies and reviews, as well as the constructive 
ideas of Members of the Senate.
  This legislation will ensure that wounded and injured members of the 
Armed Forces receive the care and benefits that they deserve.
  It will improve physical and mental health benefits for the severely 
wounded, to ensure that they have the broadest possible options for 
care from military, veterans and private sector health care resources.

[[Page 20344]]

  It includes significant initiatives in the areas of traumatic brain 
injury, TBI, and post-traumatic stress disorder, PTSD, for soldiers and 
veterans. This addresses the Dole-Shalala findings that over 52,000 
Iraq and Afghanistan returning veterans have been treated for PTSD 
symptoms by the VA.
  This legislation also creates a special review board to reexamine 
disability determinations which fall below the 20 percent threshold if 
a former member of the armed services feels that he or she received an 
unfair rating.
  Additionally, the bill requires the Departments of Defense and 
Veterans Affairs to rapidly move to fundamentally change and improve 
the disability evaluation systems within the two departments.
  I am pleased that the legislation will ensure that as policies and 
programs are developed to improve care and management of wounded 
soldiers and veterans, that such policies and improvements will apply 
equally to members of the Active and Reserve components.
  The bill also requires that military personnel continue to receive 
the best possible care at Walter Reed Army Medical Center until 
equivalent medical facilities are constructed at the National Naval 
Medical Center, Bethesda, MD, and the Fort Belvoir, VA, Army Community 
Hospital--and requires the Department of Defense to study the 
feasibility of accelerating the relocation of medical capabilities in 
the National Capital Region required by the Base Realignment and 
Closure Act of 2005.
  The Senate can be proud that it has put the needs of our wounded 
warriors first and set forth bipartisan jurisdictional boundaries.
  I want to thank my colleagues--especially Senator Akaka, chairman of 
the Senate Committee on Veterans Affairs, and Senator Craig, the 
ranking member, for their cooperation, and for the work of both our 
committee staffs--working together--in the preparation of this 
legislation.
  It is my hope that we will proceed expeditiously to conference with 
the other body on wounded warrior legislation and promptly resume 
consideration of the National Defense Authorization Act for 2008 when 
Congress reconvenes in September.
  We owe this to our men and women in uniform and their families 
stationed throughout the world. They deserve nothing less than our full 
support.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period of morning business for 60 minutes, with Senators 
permitted to speak therein up to 10 minutes, with the time equally 
divided and controlled between the two leaders or their designees, and 
with the Republicans controlling the first half and the majority 
controlling the second.

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.
  Mr. McCONNELL. Mr. President, I wish to proceed on my leader time.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                       HONORING OUR ARMED FORCES


                 sergeant first class jason lee bishop

  Mr. McCONNELL. Mr. President, most of the men and women who wear our 
country's uniform would not call themselves heroes, but I am afraid I 
would have to disagree with that. Those who fight abroad for our 
freedom here at home are, indeed, heroes. I rise to honor one special 
Kentuckian among them who was lost to us in the line of duty.
  SFC Jason Lee Bishop of Covington, KY, was killed by a car bomb while 
on patrol operations in Siniya, Iraq, on New Year's Day of 2006. A 
member of the 1st Squadron, 33rd Cavalry, 3rd Brigade Combat Team, 
101st Airborne Division, based in Fort Campbell, KY, he was 31 years 
old.
  For his outstanding service as a soldier in the U.S. Army, SFC Bishop 
was awarded the Bronze Star Medal and the Purple Heart, as well as many 
other medals and honors of distinction.
  Jason was the first of four children born to his parents Frank and 
Brenda Bishop in the northern Kentucky town of Covington. His mother 
remembers Jason as a young child standing on the seat in the family car 
and singing along with the radio, especially to Kenny Rogers.
  Riding in the car with his father was a different experience. Frank 
taught young Jason how to drive by putting him in the driver's seat at 
the top of a hill, disengaging the parking brake, and issuing one 
command: ``Drive.'' On a stick shift, no less.
  Jason and his dad enjoyed deer hunting and fishing together, 
something they did whenever the opportunity arose. Playing cards was 
another way the two enjoyed each other's company. His family says Jason 
learned to count using playing cards.
  Jason graduated from Covington Holmes High School in 1993 with 4 
years of junior ROTC experience. He entered the Army immediately upon 
graduation.
  After basic training and assignment at Fort Knox, also in my State of 
Kentucky, Jason was sent to the Republic of Korea. He also was deployed 
to Bosnia for a 10-month tour. Later assigned to Fort Campbell back in 
Kentucky, Jason was promoted to sergeant first class.
  Completing Drill Sergeant School was one of SFC Bishop's proudest 
accomplishments. Earning that drill sergeant badge was physically and 
mentally grueling, perhaps the toughest of all of his assignments.
  Jason became a darn good drill sergeant. A fellow drill sergeant who 
served with him at Fort Knox, SFC Daniel Webster, says he is not aware 
of any combat deaths among the 1,000 men Jason trained at Fort Knox--a 
remarkable record. ``There is no doubt in my mind soldiers are coming 
back from Iraq and Afghanistan alive because Jason was so committed to 
their training,'' SFC Webster added.
  In July of 1999, while stationed at Fort Knox, Jason met the woman he 
would marry, Katrina Bishop. They took their vows in 2002. ``He and I 
were soulmates,'' Katrina says.
  They had a son, Matthew Franklin Bishop. Only 1\1/2\ years old when 
Jason deployed for the last time, he idolized his father. Matt 
``quickly became his shadow,'' Katrina says. ``Wherever Daddy was, Matt 
had to be too.''
  In September 2005, Jason and his unit deployed to Iraq. They would 
come home without him in September of 2006.
  Jason is loved and remembered by his parents Frank and Brenda Bishop; 
his sisters Jamie, Lacey, and Julia Bishop; his wife Katrina Bishop; 
his son Matthew Bishop; his daughter Morgan Bishop, as well as many 
other beloved family members.
  A wall that stands at Fort Knox to honor all of the fallen heroes in 
Iraq and Afghanistan has been named for the soldier who once served 
there. It is called ``Bishop's Wall of Remembrance.''
  There is also a Sergeant First Class Jason Bishop Memorial Park at 
Covington that sits directly across from the house in which Jason grew 
up.
  But the tribute to Sergeant First Class Bishop I can speak to most is 
this medal.
  This medal, this coin was sent to me by Katrina Bishop. The Bishop 
family had it made in honor of their son. On one side it lists Jason's 
dates of birth and death, his assignment in the 101st Airborne 
Division, and his service in Operation Iraqi Freedom.
  On the other side of the coin it reads: ``Sergeant First Class Jason 
Lee Bishop'' and has a picture of his sergeant's stripes. It also lists 
seven attributes that the Bishop family chose to remember their son, 
husband, and father by: loyalty, honor, duty, integrity, respect, 
selfless service, personal courage.
  Mr. President, this medal is the Bishop family's reminder of Jason's

[[Page 20345]]

life, which was tragically ended, and of their love for him, which will 
never end.
  I thank Katrina Bishop for this gift, and I will be honored to keep 
it in my office. It will serve as a reminder to me, as well, of how 
much we owe the men and women of our Armed Forces whose highest calling 
is to fight for the freedom of others.
  I ask the Senate to pause for a moment today and hold the family and 
friends of SFC Jason Lee Bishop in their prayers. They certainly will 
be in mine.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.

                          ____________________




                         DEFENSE AUTHORIZATION

  Mr. KYL. Mr. President, first, I want to compliment the distinguished 
minority leader for not just recalling the sacrifices of the family and 
members of the U.S. military today, but for his efforts to do that for 
a long time now on the Senate floor. He focuses on Kentuckians who have 
a long history of service to their country, and rightly so. I know he 
would add to that the service of those members of our military and 
their families from all over this country and add them to our prayers 
and thoughts as well. We spend time in Washington debating policies 
that affect them, and they are living it every day, every minute of 
every day. I appreciate the words he brought to the Senate floor not 
just on this occasion but on previous occasions as well.
  Mr. President, I will talk about the action taken earlier by the 
majority and minority leaders. We have now, by unanimous consent, 
approved two key provisions of the Defense authorization bill by 
unanimous consent in a period of 3 or 4 minutes. Yet it took the last 2 
weeks to debate the Defense authorization bill, only to have it pulled 
from the floor so that we could not vote on it. It was used by the 
majority leader as a surrogate for the debate on Iraq policy. We have 
had something like seven or eight different resolutions--perhaps more, 
I have forgotten the count this year--on policy relating to Iraq. There 
is no more important national security issue facing our country than 
the war against terrorists, and certainly the central battle field in 
that war is the Iraq war.
  Republicans do not shy away from the debate about what to do. It is 
an extraordinarily important debate. On the other hand, I would have 
two arguments with the way this has been done. First, the time of the 
debate right now is misplaced because after the Senate unanimously 
confirmed General Petraeus, after the President had changed his course 
and consulted with General Petraeus and others about a new strategy, 
and that strategy was developed, we sent General Petraeus to Iraq to 
begin executing that strategy. We put together five brigades to 
represent a surge in troop strength to accomplish the mission, the last 
of which went into the theater about a month ago.
  When we did that, we made a commitment to the soldiers, marines, 
airmen, and all the Navy personnel to back them in what we sent them to 
do, not to immediately begin questioning whether they could succeed in 
their mission. We heard a lot of calls from the other side of the aisle 
that were very defeatist in nature, saying it was already lost and 
there was no way they could win. That is, obviously, not a good sendoff 
for the young men and women you are putting in harm's way to accomplish 
a mission that is important to the American people.
  So the timing of the debate was off. General Petraeus and Ambassador 
Crocker will report back here in September. It is an interim report on 
this new strategy. But we have an idea that it will tell us a lot about 
the future course of action we should pursue. I think most Americans 
believe, even though all of us would like to have the troops come home 
and have our engagement there ended as much as it can, the reality is 
that Americans don't want to lose, don't want to be defeated. They 
certainly don't want to see the consequences of that defeat, with al-
Qaida having a base of operations in Iraq, perhaps millions of Iraqis 
slaughtered in the ensuing chaos, and U.S. policy in the war against 
terror undercut dramatically in that very important region of the 
world. So the timing was off.
  Secondly, using the Defense authorization bill as the surrogate for 
that debate was wrong. This is a little bit of an inside-the-beltway 
discussion, but the American people need to know why this is wrong. 
Each year, for 45 years, the Senate has passed a Defense authorization 
bill setting the policy for our national security for the following 
year and establishing the authorization for troop strength, military 
weapons acquisitions, policy related to missile defense, and you name 
it. The President has signed the Defense authorization bill. That then 
enables the Congress to appropriate the money to pay for the things 
that we believe are necessary for the military.
  But this year, instead of having the debate and amending that bill 
and passing it, it was simply used as a vehicle to debate Iraq. Then 
when the last Iraq resolution was defeated, the bill was not passed. It 
was pulled from the floor. That left extraordinarily important policy 
hanging--policy on which our military troops rely.
  This is not the first time the Democratic majority has had second 
thoughts about action it has taken on the Senate floor. I am glad it is 
having second thoughts about this bill. But by the action that has been 
taken, we are still not going to be adopting good policy in the right 
way. There are consequences to this piecemeal approach.
  Let me illustrate my point. What we have just done this morning is to 
do two very important parts of that bill: To adopt a 3.5-percent, 
across-the-board pay raise for uniform military service personnel, and 
to adopt the language from the Dignified Treatment of Wounded Warriors 
Act, both of which were critical components.
  Senator John McCain, my colleague from Arizona, spoke eloquently 
regarding both matters on this floor on numerous occasions. I know were 
he here now, he would be pleased at the action the Senate has taken.
  Let me cite a few of the things that have been left on the cutting 
room floor as a result of not passing the Defense authorization bill, 
but rather simply taking a couple of provisions that are obviously 
popular with our constituents and leaving the remainder behind. Here 
are a few of the things we are not adopting as a result of this 
piecemeal approach: Senator Joe Biden noted that the MRAP, or Mine 
Resistant Ambush Protected vehicles, ``are the best available vehicle 
for force protection'' for our troops. He is right. There was $4.1 
billion in the act to authorize payment for this equipment. Not 
adopted.
  It authorizes the new hiring and bonus authorities to assist the 
Defense Department in recruiting and retaining needed, quality health 
and mental care professionals in the military. Not adopted.
  It authorized $50 million in supplemental educational aid to local 
school districts affected by the assignment and location of military 
families. That is something all military families know about. Not 
adopted.
  It authorized payment of combat-related special compensation to 
servicemembers who are medically retired due to combat-related 
disability. Not adopted.
  It included provisions to examine and strengthen security forces at 
defense sites storing weapons-grade nuclear materials. That is a very 
important provision relating to nuclear deterrent. Not adopted.
  It would have satisfied the Army Chief of Staff's unfunded 
requirements list by authorizing an additional $2.7 billion for items 
such as reactive armor, aviation survivability equipment, combat 
training centers, and machine guns--a variety of things the Pentagon 
said were necessary to support the missions of our men and women in the 
military. Not adopted.
  My point here is that when you use the Defense authorization bill for 
the purpose simply of having a debate on Iraq, there are a lot of bad 
consequences to not passing that bill. You

[[Page 20346]]

cannot cure them by simply picking a couple of the more politically 
popular items, such as we have done today, and getting those adopted by 
unanimous consent. I am delighted that we have done it, but that is not 
the end of the story if we are really going to support the mission of 
our troops.
  Mr. President, let me conclude on this thought. To some extent, this 
debate we had in the last 2 weeks just on the Iraq war is a 
manifestation of what has gone on in the Congress for the last 200 
days. It is hard to believe that 200 days is gone. What does this 
Congress have to show for its actions and being in session for these 
200 days? I cannot say nothing because the reality is, we have approved 
and named 20 post offices. That is a post office every 10 days. It is 
not exactly heavy lifting, but it is something. As a matter of fact, it 
is the main thing this Senate can point to in terms of accomplishment. 
The only other thing of substance was the minimum wage increase, which, 
unfortunately, did not include the benefits to small businesses that 
have to pay the minimum wage in terms of tax relief, which Republicans 
tried to have included. Of course, we had to pass the supplemental 
appropriations bill to fund the war effort. That is it.
  I apologized yesterday for calling this a ``do-nothing Congress.'' 
After all, we have named 20 post offices. Let's call it the ``post 
office Congress.'' Perhaps in the remaining time this year we will pick 
up the action. Perhaps we will find ways to accomplish things that the 
American people really want us to do.
  One of the big problems we can see is because we have not done the 
appropriations bills to fund everything from the military to the 
Departments of Justice and Commerce, all of the other departments of 
Government that serve the American people are going to be facing a 
trillion-dollar-plus Omnibus appropriations bill this winter. That is 
the worst of legislating. It is kind of the opposite of what we are 
doing with the Defense authorization bill where we don't pass the bill, 
but we pick two or three items that are politically popular and do them 
by unanimous consent.
  In this case, you don't do anything to fund the Government until the 
last few days, and then you ball it up into one giant bill, thinking 
nobody can vote against it because, after all, it is either all or 
nothing.
  That is very bad legislating and something I think we are going to 
resist because it represents not just an increase in spending but will 
undoubtedly represent bad policy as well.
  Mr. President, my hope is that this ``post office Congress'' can get 
on to some other business. I am delighted we have been able to select 
two items from the Defense authorization bill to adopt by unanimous 
consent today. But that will not correct the deficiencies. I hope my 
colleagues, in the remaining time before the August work period, and in 
the months of September and October, will roll up their sleeves and 
work on the problems the American people sent us here to resolve.
  The ACTING PRESIDENT pro tempore. The Senator from Texas is 
recognized.
  Mr. CORNYN. Mr. President, how much time remains on this side in 
morning business?
  The ACTING PRESIDENT pro tempore. There remains 17\1/2\ minutes.

                          ____________________




                         RECENT SENATE ACTIONS

  Mr. CORNYN. I thank the Chair.
  Mr. President, last week was not a great week in the U.S. Senate. We 
had an overnight session that was designed to highlight the efforts by 
the majority to pass a timetable for withdrawal in Iraq, regardless of 
the consequences of that timeline and that withdrawal.
  We then had another episode where I think both sides of the aisle 
were sort of forced to look in the abyss and to pull back because, as I 
am sure the Chair and other colleagues will recall, there was an 
amendment clearly offered to embarrass the President and this side of 
the aisle based upon the commutation of the sentence of Scooter Libby. 
There was an amendment offered highlighting the dozens of pardons 
issued by President Clinton. As you will recall, Mr. President, people 
paused at where we had gotten to in this debate--the acrimony and 
incriminations--and decided to figuratively lay our guns on the table 
and walk away.
  That vote on the Scooter Libby commutation was actually vitiated, 
something I have never seen happen before, but I guess anything can 
happen by unanimous consent in the Senate, and it did. And there was no 
vote on the amendment to deal with the Clinton pardons.
  I mention those because I think, unfortunately, the Senate has gotten 
to a bad place, not only in the eyes of the American people, where 16 
percent, according to the most recent poll I have seen, believe the 
Senate is doing a good job, but we have gotten to a bad place in terms 
of the hyperpartisan atmosphere and the point-scoring that seems to 
take precedence over all other matters. That is not the kind of Senate 
I ran to serve in, and I know that a number of colleagues feel exactly 
the same way.
  On Tuesday mornings, thanks to Senator Lamar Alexander of Tennessee 
and Senator Joe Lieberman of Connecticut, we have instituted a new 
breakfast meeting each week. It is a bipartisan meeting. This was the 
subject of some conversation--the amendments, the hyperpartisan 
atmosphere, and really the episodes I just mentioned that occurred last 
week.
  Again this morning, on Wednesday morning, one of the highlights of my 
week, I attended the Senate Prayer Breakfast. It is also bipartisan, 
obviously. This was brought up again, although I am not going to go 
into any detail since both of those meetings occur without any policy 
statements and, obviously, press is not invited; it is a private 
meeting where Senators can come together on a bipartisan basis, both at 
the Wednesday breakfast and the Tuesday breakfast, and talk about 
issues we care about, trying to do things for the American people, in 
the case of a prayer breakfast to share stories and get to know each 
other a little bit better.
  I will say that there is some recognition that the Senate has too 
many team meetings--and by that I mean with Republicans meeting with 
other Republicans trying to figure out how we can win or score points 
against Democrats and Democrats meeting with Democrats thinking about 
ways they can score points against Republicans--and not enough meetings 
where we get together on a bipartisan basis to try to figure out what 
we can do to get business done for the benefit of the American people.
  Senator Kyl mentioned the woeful record of accomplishments so far 
this year. I note that beyond the unanimous consent requests that were 
proffered this morning that passed the Wounded Warrior legislation and 
the pay raise for our men and women in uniform, the minimum wage 
increase is the only substantive legislation that has passed so far 
this year, notwithstanding that being part of the ``6 for '06'' part of 
the campaign our friends on the other side of the aisle made part of 
their agenda.
  I note, as Senator Kyl has pointed out, that since taking power more 
than 200 days ago, the new majority has renamed 20 post offices. But my 
point is that it has opened more than 300 investigations and held more 
than 600 oversight hearings. Unfortunately, this has resulted in an 
effort to try to score political points by looking backward, conducting 
investigations about matters that have happened in the past or, I fear, 
too often partisan purposes and at the loss of our ability to look 
forward and figure out how do we work together to solve problems.
  I guess one of the most recent manifestations of this hyperpartisan 
atmosphere and the kind of point-scoring we see going on, to the 
detriment of passing good bipartisan legislation, the Senator from 
Wisconsin, Mr. Feingold, announced recently his intention to submit two 
resolutions to censure the President, one for his handling of the war 
in Iraq and the other for antiterrorism policies the administration has 
established. Of course, if he does follow

[[Page 20347]]

through with his stated intention to submit these censure resolutions, 
that would prompt debate on what I believe would be meaningless 
political gestures and would further delay substantive legislation we 
should be considering.
  Senator Kyl mentioned the most direct example of the kind of game-
playing we have seen recently with the Defense authorization bill. Of 
course, that served as the platform for the debate on the withdrawal 
resolutions and the sense-of-the-Senate resolution offered by Senator 
Levin and Senator Reed, but when that did not pass, of course, that 
legislation was pulled from the Senate's agenda. Of course, as Senator 
Kyl pointed out, there are a lot of important parts of that bill which 
will not be enacted because it was pulled down.
  I am glad to see that the Wounded Warrior legislation, which I have 
worked on as part of the Senate Armed Services Committee, has now 
passed, as well as the 3-percent across-the-board pay raise. But other 
important parts of that legislation have not been passed, including a 
$4.1 billion authorization to procure Mine Resistant Ambush Protected 
vehicles. These, of course, are a new design of vehicles that are 
designed to defeat improvised explosive devices, which have been one of 
the most deadly weapons used against our troops in Iraq. Unfortunately, 
many of these weapons have been shipped, especially explosive foreign 
penetrators, from Iran to Iraq.
  There are other important parts of this legislation: For example, 
adding $2.7 billion for items on the Army Chief of Staff's unfunded 
requirements list, including money for reactive armor and Stryker 
requirements; $207 million for aviation survivability equipment; $102 
million for combat training centers, and funding for explosive ordnance 
equipment, night-vision devices, and the like.
  There is also $50 million in supplemental educational aid to local 
school districts affected by the assignment or location of military 
families, so-called impact aid, which affects my State. A lot of school 
districts depend on that money which is provided to local school 
districts because, of course, Federal property cannot be taxed for 
purposes of local education, and when you have a Federal military 
installation there with a lot of children going to those schools, the 
only way they can pay the bills is to get this impact aid.
  I could go on and on. Unfortunately, because of what we have seen in 
this hyperpartisan atmosphere, those important provisions of the 
Defense authorization bill have not been passed, although I am glad 
that the Wounded Warrior legislation and the 3-percent pay raise did 
pass this morning by unanimous agreement.
  Then, of course, we see another casualty of the hyperpartisan 
atmosphere where it took more than 100 days for the new majority to 
allow the passage of an emergency war funding bill for our troops in 
combat. This delay caused a lot of dislocation and hardship for our men 
and women in uniform and their families, the very people we ought to be 
trying to lighten the burden for rather than burden them further with 
the political theater and the political wars in the Senate.
  Then there is the issue of judicial nominees. The last 2 years of 
President Clinton's term of office, with a Republican-controlled 
Congress, there were, if memory serves me correctly, 15 to 17 circuit 
court nominees confirmed. So far, we have only had a handful confirmed 
by this Congress, and we have judges stuck in this slow walk of a 
process--for example, judges such as Leslie Southwick, a nominee for 
the Fifth Circuit Court of Appeals.
  Judge Southwick's qualifications and credentials are outstanding. The 
American Bar Association has given him its highest rating. He was 
approved unanimously by the Senate Judiciary Committee for a life-
tenured position as a U.S. district judge during the 109th Congress. 
Although he is from Mississippi now and serves on the State courts in 
Mississippi, he graduated from the University of Texas in 1975. After 
completing law school, he clerked for the presiding judge of the Texas 
Court of Criminal Appeals and then for Judge Charles Clark on the Fifth 
Circuit Court of Appeals. After a few years in private practice, Judge 
Southwick reentered Government service in 1989 when he became a deputy 
assistant attorney general for the U.S. Department of Justice. In 1994, 
Judge Southwick was elected 1 of the first 10 judges on the Mississippi 
Court of Appeals. He remained on the bench, except for a military leave 
of absence from 2004 until 2006. During that time, he served as a staff 
judge advocate for the 155th Brigade combat team in Iraq.
  Despite his stellar qualifications and strong support from his two 
home State senators, so far it has been the demonstrated intent of our 
colleagues on the other side of the aisle to block his ability to get a 
vote in the Senate Judiciary Committee and to prevent him from getting 
an up-or-down vote on the floor of the Senate.
  I should correct that. In fairness, the chairman of the Judiciary 
Committee has offered to give Judge Southwick a vote in the committee, 
but we know committee Democrats are poised not only to tarnish the good 
record of this judge but then to perhaps send him here with a negative 
vote in committee. I know there are talks that are ongoing.
  Unfortunately, I think this is a demonstration again of the 
hyperpartisan atmosphere that unfortunately poisons relations, not only 
between colleagues in the Senate but turns off so many people across 
the country. It is regrettable.
  My hope is, as we did last Thursday night, that we can walk away from 
this hyperpartisan atmosphere, seeing that basically no one wins when 
congressional approval hovers at 16 percent. It is hard to imagine that 
it could go much lower. Unless we turn away from the kinds of practices 
we have seen for the first 200 days under this new majority and unless 
we try harder to work together, have less team meetings and have more 
bipartisan meetings where we talk about what we can do to pass 
legislation for the benefit of the American people, I fear Congress 
will continue to be held in low esteem by the American people.
  It is important that we wake to what should be a wake-up call that is 
provided by these low poll numbers and the recognition that this serves 
no one's best interests, certainly not the best interests of the 
American people.
  My hope is that rather than just naming more post offices, rather 
than passing one or two bills, such as the minimum wage bill and now 
these bills by unanimous consent this morning, we will seize this 
opportunity to try to do what is in the best interest of the American 
people. That is why most of us came to the Senate. Unfortunately, we 
have been captivated by the partisanship that is insisted upon too 
often by narrow special interest groups that seem to spend a lot of 
time at the Capitol and have way too much influence, in my view.
  Mr. President, I yield the floor. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so 
ordered.

                          ____________________




              DIGNIFIED TREATMENT OF WOUNDED WARRIORS ACT

  Mrs. MURRAY. Mr. President, earlier this morning, the majority 
leader, Senator Reid, asked unanimous consent for the Senate to pass a 
significant piece of legislation, the Dignified Treatment of Wounded 
Warriors Act. That was agreed to, and the Senate has now accomplished a 
major step that I wish to take a few minutes to highlight this morning.
  All of us were astounded earlier this year when the Washington Post 
ran a series of articles about the treatment of our soldiers, our men 
and women, at the Walter Reed facility. They outlined the horrific 
conditions that some of our soldiers were living in as they received 
treatment for their wounds from a war far away. After that, we talked

[[Page 20348]]

to and heard about many soldiers who were in medical hold units not 
only at Walter Reed but across the country who were waiting not a few 
weeks, not a few months, but months on end--and even almost 2 years--to 
get their disability ratings so that they could be discharged from the 
military and continue on with their lives once they had been wounded.
  I went up to Walter Reed with our majority leader and members of our 
leadership team to talk to some of the soldiers who were in medical 
hold at Walter Reed. They expressed complete frustration at what they 
found themselves in. It was not just the physical part of their living 
conditions, but it was the fact that they had other wounded soldiers 
who were their advocates trying to help them work through a disability 
system that made no sense to them, their advocate or to any of us who 
were listening.
  They talked about their family members who were literally left on 
hold not knowing when they would be able to come home, get a job, go 
back to work, and resume being a part of their family again. They 
talked about long lines. They talked about paperwork that had gotten 
lost. They talked about not knowing they had traumatic brain injury 
even a year and a half after they had been wounded and came home.
  No one had taken the time to ask them if they had been near an 
explosive device and perhaps they had some kind of brain injury. Yet 
they knew that they couldn't find their keys that they had set down, 
they couldn't remember the dates of their kids' birth, they couldn't 
remember what they had done a few years ago, much less today. They knew 
something was wrong, but no one had taken the time to ask them what 
they had seen on the ground in Iraq or what they had been involved with 
that might have caused a brain injury.
  I went home to the State of Washington and talked to some of our 
soldiers who were in medical hold at one of our facilities in 
Washington State. I invited anyone who would like to come. I expected 
maybe a dozen, two dozen men and women to come over and talk to me. 
Over 200 showed up, expressing anger, frustration, and telling story 
after story after story of long delays in getting their disability 
ratings, in being unable to get their lives put back together, in not 
being diagnosed correctly.
  Well, I am proud the Senate, in a few short months, has stood up and 
said: Not on our watch. Not anymore. This morning, in passing the 
Dignified Treatment of Wounded Warriors Act, we are moving forward in 
an aggressive way to make sure the men and women who have served our 
country so honorably are treated well when they come home. We are 
making sure those men and women who were asked to fight a war for this 
country, no matter how we felt about that war personally, those who 
went to the war and fought for our country don't have to come home and 
fight their own country to get the health care they so deserve and 
should get without having to fight someone for it.
  This Senate acted in an aggressive way. Two of our committees, the 
Veterans' Affairs Committee, headed by Senator Akaka, and the Armed 
Services Committee, headed by Senator Levin, in a bipartisan way, put 
together, for the first time, a historic joint committee to bring in 
experts to talk to us about what the needs were and what we needed to 
do. From those excellent recommendations from that joint hearing, we 
worked together in a bipartisan way to craft legislation that would 
require the Secretary of Defense and the Secretary of Veterans Affairs 
to develop a comprehensive policy by January 1 of next year on the 
care, management, and transition of our servicemembers from the 
military to the VA, or to civilian life, so our brave men and women 
don't fall into that transitional trap between the DOD and the VA 
anymore and feel like they have come home and been lost.
  This is critically important. It is an aggressive action that, for 
the first time, will require the Department of the Defense and the 
Department of the VA to work together. Soldiers, men and women, too 
often feel like when they are in the service--in the Army, in the Navy, 
in the Armed Forces--there is a completely different system that 
doesn't even talk to our VA, which has a totally different disability 
system. Their paperwork doesn't go back and forth between each 
regarding how they are rated as disabled. The Army is completely 
different than how they are rated by the Veterans Affairs Department. 
That means their care is not adequate, it means they are frustrated, it 
means they are angry, and we say: No more. We are requiring now the 
Secretary of Defense and the Secretary of Veterans Affairs to jointly 
come back to us with a policy that makes sense for this country's men 
and women who have fought for all of us.
  In this legislation, we also dealt with enhanced health care for our 
men and women who have served us. Too often they find their health care 
cut off long before they are able to get back and get a job. We 
authorize disability ratings of 50 percent or higher to receive health 
care benefits for 3 years. For some of the family members of a spouse--
husband or wife--who have been injured, they lose their own health 
care. So we make sure we aggressively move forward and not allow our 
families to be left without health care while their servicemember is 
being cared for at one of our medical facilities.
  We also focus dramatically on TBI, traumatic brain injury, and post-
traumatic stress syndrome, two significant wounds of this war. We 
establish new centers of excellence within the Department of Defense, 
one for TBI and one for post-traumatic stress syndrome. We require the 
Department of Defense to analyze soldiers so they do not go home and 
end up like the young man who told me he had been discharged from the 
Army and for 18 months was at home. No one asked him when he was 
discharged whether he had been around any kind of IED explosion in 
Iraq. No one asked him how he was doing. For 18 months, he sat at home 
in a rural community in my State and wondered why he could no longer 
talk to his friends; wondered why he couldn't remember what he learned 
in school a few years ago; wondered why, as a young man of 22, he felt 
his life had changed dramatically and he didn't know who he was 
anymore. Eventually, he tried to take his own life. That should not 
happen to a service man or woman who has served us honorably.
  What happened to him has happened to many other soldiers who have 
served us in Iraq. He had been around not 1, not 5, not 20, but more 
than 100 explosions while he was on the ground in Iraq. As a result, he 
had severe traumatic brain injury that was not diagnosed when he left. 
No one asked him when he was discharged whether he was having any 
problems. No one followed up when he got home, to see if he was 
adjusting okay.
  We say, no more. We say the Department of Defense looks at every 
soldier when they come in and when they leave, asks them what kind of 
action they have seen on the ground in Iraq, and follows up with them 
and gives them the care so they can perform and come back to normal 
life as quickly as possible. This is the least we can do.
  It has taken the Senate just a few months to aggressively go after 
this, to pass a bill through committee, to bring it here to the floor 
of the Senate and, very importantly, the full Senate this morning 
supporting that legislation and passing it to the House, hopefully 
quickly to conference and to the desk of the President of the United 
States. That is what our soldiers deserve. I am sorry it happened 4\1/
2\ years after this war started. It should have happened before this 
war started with the preplanning that I will not go into this morning 
that obviously we did not have. But I will say as a Senator who did not 
vote to go to war in Iraq, I have said consistently--no matter how we 
felt about that war then or how we feel about it today--that we have an 
obligation, as leaders of this country, to make sure the men and women 
who fight for us get the care they deserve. The passage of this bill 
today is part of that commitment, and I am very proud of the Senate.
  Later this morning, the commission the President has put in place, 
the

[[Page 20349]]

Dole-Shalala commission, will also come forward with their 
recommendations. I look forward to seeing what they have to say, but 
this Senate is not going to sit around and wait for a report from 
anybody. We are moving, and moving aggressively. I hope whatever 
recommendations come out in the Dole-Shalala commission report that we 
see today do not end up on a dusty shelf in the White House, as the 9/
11 Commission recommendations did or as the Iraq study commission 
recommendations did. I hope the White House works aggressively to make 
sure these recommendations--both from Congress and from their 
commission--are put into effect because whatever laws we pass will only 
be managed efficiently and effectively and work if the White House 
joins us in a partnership to make this happen.
  I wanted all of our colleagues in the Senate to know, and for the 
country to know, we are moving aggressively forward to make sure the 
men and women who serve us are served as well by this country, and I am 
proud of the action of the Senate this morning.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey is recognized.
  Mr. MENENDEZ. Mr. President, I ask unanimous consent to speak for 10 
minutes as in morning business.
  The PRESIDING OFFICER. The Senator has that right.

                          ____________________




                    HOMELAND SECURITY APPROPRIATIONS

  Mr. MENENDEZ. Mr. President, I am pleased to rise today to talk about 
a bill that I am proud of, and of which all Americans should be proud.
  I first want to commend the esteemed chairman of the Appropriations 
Committee, Senator Byrd for his commitment to drafting a bill that is 
in our Nation's best interest. I also would like to convey my respect 
for Senator Byrd and the ranking member, Senator Cochran, for the 
exemplary bipartisan they have shown in negotiating this bill and 
bringing it to the floor.
  The Homeland Security Appropriations bill that will be before us 
later today is a clear indication that our priorities have changed. 
After years of neglecting key homeland security initiatives, this bill 
ends a trend that has been straining our first responders, forcing our 
States to come up with more, and leaving us more vulnerable than we 
should be 6 years after September 11.
  This bill is part of a framework that we have created this year to 
restructure our priorities--and it is clear that homeland security is 
at the top of the list. I am proud of the levels we set in the budget 
resolution we passed earlier this year. As a member of the Budget 
Committee, one of my top requests to Chairman Conrad was that we 
provide enough to the Appropriations Committee so that it could not 
just reject the President's cuts to key homeland security funding, but 
go above and beyond what has been funded in recent years. I thank 
Chairman Conrad, for his commitment to homeland security funding in the 
budget resolution and for understanding what those funds mean to a 
State like New Jersey.
  This year we have set the tone. The message is clear--when it comes 
to homeland security, the status quo just won't cut it. This bill says 
that loud and clear. By increasing overall funding by 8 percent over 
last year, we recognize that those on our front lines need our support. 
In this bill, they will get it.
  For New Jersey, the funds in this bill mean the difference between 
having what we need to protect our high-risk areas and leaving our 
infrastructure vulnerable. The grants this bill provides means millions 
more for our ports to increase site security and implement key 
initiatives.
  The increases for next year mean our fire departments will have the 
resources they need to hire new firefighters, to upgrade their 
equipment, and to reduce the long shifts far too many of them are 
working. The focus on first responder funding means our law enforcement 
will continue to have support to carry out key terrorism prevention 
efforts in our cities.
  Perhaps most importantly, this bill does not take the approach that 
we can do what is minimally required and pretend that is enough. For 
all of the President's talks about how critical security at home is, 
for all the administration continues to warn us about how at risk we 
are for an attack, I am just dumbfounded because no matter where I 
look, I cannot find where he makes supporting our first responders a 
priority. No matter how hard I try, I cannot see how he expects our 
ports to be as secure as they should be 6 years after September 11. For 
all the reminders this administration likes to give the American people 
that we are at war, that we are vulnerable, that we must be vigilant, I 
do not see where we are matching that rhetoric with dollars.
  This bill is about more than rhetoric. It is about providing what is 
needed.
  I am proud that this bill rejects the President's cuts to first 
responders, and actually increases funding by $644 million. Nearly 6 
years after September 11, would seem unfathomable that we would 
actually cut funding for first responders, but that is exactly what the 
President's budget called for.
  In this bill, we provide more than $400 million than the President 
for firefighters. We increase funding for FIRE grants by $25 million 
more than last year so that fire departments can purchase new 
equipment. When nearly a third of firefighters are not equipped with a 
self-contained breathing apparatus or portable radios, I think there is 
no question that these funds are sorely needed. One of the grant 
programs I hear about the most, as I am sure do many members, is the 
SAFER grants. I have listened to firefighters from my State far too 
many times plead for the SAFER grants not to be cut. And yet, every 
year, this is a fight we have had to have with the administration. I 
truly hope this is the last year. These grants help departments 
increase their staff, often so they can cover more 24-hour shifts. Our 
bill increases funding by $13 million over last year.
  I am also extremely proud of the direction this bill takes us for 
improving key grant funding to States and our most at-risk areas. This 
bill restores the two major grant programs, the State Homeland Security 
Grant Program and the Law Enforcement Terrorism Prevention Program, and 
increases funding for urban area security grants. For reasons I cannot 
explain, the President sought to cut State homeland grants in half, and 
practically eliminate the law enforcement grants.
  For States like New Jersey, these funds are not just an added bonus--
they are essential. These grants allow States to purchase equipment, 
train first responders, put in place response plans, and a whole host 
of other critical activities. By restoring cuts to these programs, 
officials in New Jersey will have the confidence that we are working to 
provide them every last dollar, and that we understand how critical 
this funding is.
  Our bill also provides an increase for the Urban Area Security 
Initiative, the only fully-risked based funding of its kind, designed 
to help the most high-threat urban areas. I have spoken on this floor 
before about the unique threats that our UASI--Urban Area Security 
Initiative--region in northern New Jersey faces. As one of the most 
densely populated areas in the Nation, we face the complexity of 
populous neighborhoods nestled among high-profile infrastructure, 
including the largest port on the east coast, a major international 
airport, and a string of chemical plants--which makes up what is known 
as the ``2 most dangerous miles'' in America. When people back home 
hear that, they ask me what we are doing to protect that area, because 
those 2 miles are not isolated--thousands drive by it every day, and 
many live close enough to call it their backyard. When we pass this 
bill, I can tell them that yes, we are working to make more funding 
available, yes, we are addressing those areas most at risk.
  Our bill also seeks to end the trend of pouring our resources into 
aviation security and spending pennies in comparison on rail, mass 
transit, port, and chemical security. This bill more than

[[Page 20350]]

doubles funding for rail and transit security, and far exceeds what our 
past funding bills have done for port security. We provide $400 million 
for port security grants, a level which our ports have been calling for 
for some time.
  Anyone who knows the Port of New York and New Jersey understands the 
daunting task of securing the perimeter of the port. The port is 
surrounded by storage facilities and warehouses, with waterways on one 
side, and a major highway and an airport on the other, and rail lines 
and a major pipeline running along side it. So, for a site as complex 
as our port, perimeter security is no easy feat.
  Our Nation's ports have a long to-do list, and I guarantee you, every 
one of the improvements they want to make costs money. In the wake of 
the SAFE Port Act, which the President signed into law last year, our 
ports have even more requirements they are supposed to carry out. Yet 
the President did not call for any funding to implement these 
initiatives. Our bill does.
  We double port security grants, to the level authorized in the SAFE 
Port Act.
  We provide $15 million for the Coast Guard so they can increase the 
number of inspections at facilities, conduct vulnerability assessments, 
and develop long-range vessel tracking systems.
  We provide $60 million for operational centers as called for in the 
SAFE Port Act that will help coordinate information sharing, 
intelligence gathering, and support cooperation among Federal, State, 
and local agencies.
  And, we provide $15 million to help ports implement the TWIC port 
worker ID program, which has been delayed again and again. It is past 
time for us to have something as simple as uniform, technologically 
advanced ID cads for those workers at our ports.
  This bill also contains a very short, but very crucial provision that 
is well known to people in New Jersey. It allows States to have more 
stringent chemical security standards. If you have ever been to 
Newark's Liberty Airport, than you were within a few short miles of the 
Kuehne plant in South Kearny, in a range that would without question be 
devastated by an attack at that facility. Because plants like this one 
are uniquely sandwiched between highways and neighborhoods, in an area 
that rises to the level of being called the ``2 most dangerous miles,'' 
New Jersey has taken action to make sure we are doing everything 
possible to keep these plants secure.
  Because it is far ahead of the curve when it comes to chemical 
security, the notion that the Department of Homeland Security can issue 
regulations that could preempt New Jersey's, and possibly be weaker 
than our standards, turns logic on its head. The bottom line is, when 
it comes to the security of things uniquely New Jersey, like the 
location of this chemical plant, no one knows what we need better than 
our State. And that is the position that this bill takes. I applaud my 
fellow Senator from New Jersey, Mr. Lautenberg, for ensuring this 
language is part of this bill, and I thank Senator Byrd for realizing 
how essential preserving New Jersey's standards are for the future of 
chemical security.
  When this Homeland Security appropriations bill is passed and signed 
into law, we will be able to definitively say we have passed 
legislation that makes us smarter and stronger when it comes to our 
Nation's security.
  The bill ensures we are protecting, not neglecting, our critical 
infrastructure; our first responders have more, not less, to do their 
jobs; and our States will have the critical resources they deserve.
  I urge all my colleagues to support this incredibly sound bill and 
take this important step to getting our homeland security funding where 
it should be in finally meeting the challenge of securing our Nation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that I be 
permitted to speak for up to 10 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       ATTORNEY GENERAL GONZALES

  Mr. WHITEHOUSE. Mr. President, yesterday, as you will recall, in the 
Senate Judiciary Committee, Attorney General Gonzales appeared. I spoke 
with him about a seemingly simple concept, the impartial administration 
of justice.
  But, as is so often the case with this administration and with this 
Attorney General, the simple is often confused, and what should be 
impartial is often tainted with politics.
  I asked the Attorney General about the administration's policy 
regarding communications between staff at the Department of Justice and 
at the White House, about ongoing investigations and cases. This kind 
of conversation, of course, should be very limited in scope. Until 
recently, it was.
  Attorney General Janet Reno wrote, in a 1994 letter to White House 
Counsel Lloyd Cutler:

       Initial communications between the White House and the 
     Justice Department regarding any pending Department 
     investigation or criminal or civil case should involve only 
     the White House Counsel or Deputy Counsel (or President or 
     Vice President), and the Attorney General or Deputy or 
     Associate Attorney General.

  That is seven people, total. Four in the White House, three in the 
Department of Justice.
  As I pointed out to the Attorney General, this administration has 
dramatically expanded this policy to allow literally hundreds of people 
at the White House to discuss sensitive case-specific information with 
dozens of people at the Department of Justice. Even worse, a further 
revision to this policy signed by Attorney General Gonzales 
specifically added the Vice Presidents's Chief of Staff and the Vice 
President's Counsel, David Addington, to the list of those empowered to 
have these conversations. Karl Rove, by the way, is also on the list.
  Why in the world would it be appropriate to give the Vice President's 
staff a green light to muck around in sensitive Department of Justice 
affairs? Based on my experience as a U.S. attorney, I can think of no 
reason.
  So why did the Attorney General himself issue a memo specifically 
authorizing that? Well, the Attorney General himself seemed to have no 
idea. When I asked him about it yesterday, he said:

       As a general matter, I would say that that's a good 
     question. I'd have to go back and look at this. On it's face, 
     I must say, sitting here, I am troubled by this.

  Well, Mr. Gonzales, I am troubled by this too. Troubled but, 
unfortunately, not surprised.
  Not surprised because this administration has, at almost every turn, 
done everything possible to enhance the power of the President and the 
Vice President to dismiss Congress's essential constitutional oversight 
responsibilities, to disrupt the balance of power crafted by our 
forefathers and to thwart those who would stand up and say: Enough is 
enough.
  But now a chorus of Senators is finally saying: Enough is enough.
  When I ran for the Senate, I spoke often about the need for a check 
on the Bush administration's relentless abuse of power. Now, after 
having served in this great institution for only 6\1/2\ months, I feel 
more strongly than ever that it is vital for our Democratic majority to 
serve as an essential bulwark against an imperial executive branch.
  Without 60 votes, we cannot get things done over objection from the 
other side as often as we would like. But with a majority, we can at 
least stop some of the mischief. We can stop them from politicizing 
everything from Government-funded scientific research to U.S. 
attorney's offices, Government functions that have historically 
operated entirely free of partisan influence.
  We can spotlight their efforts to undo our system of checks and 
balances, their penchant for unneeded secrecy, and often, disregard for 
the law and our American principles.
  We can call them out when they use national security as a shield 
against legitimate oversight and as a weapon against political 
adversaries, against attempts to conduct Government in secret and in 
darkness and sometimes in defiance of the law.

[[Page 20351]]

  In the process, the administration has done grave damage to the 
principles and values that have made this country an example for the 
world. The writ of habeas corpus? Adherence to the Geneva Conventions? 
The independence of Federal prosecutors? The principle of judicial 
review? The notion that a citizen in a democracy has a right to know 
what their Government is doing in his name?
  Each of these, in ways great and small, has been eroded by this 
administration. Then, when you think they cannot possibly push the 
envelope any further, they do. I am referring to two recent episodes: 
First, the Vice President's now infamous and incredible assertion that 
his office is exempt from an Executive order designed to protect 
classified information because it is not, get this, it is not an entity 
within the executive branch, and the Attorney General's apparent 
complicity with this theory.
  Executive Order No. 12958, as amended by President Bush, regulates 
the classification, safeguarding, and declassification of national 
security information. It also requires the National Archives' 
Information Security Oversight Office to, among other things, conduct 
onsite inspection of Federal agencies and White House offices to ensure 
compliance with these important regulations.
  Despite cooperating with the National Archives in 2001 and 2002, in 
2003, the Vice President abruptly decided he was above complying with 
an Executive order, even one signed by President Bush.
  Repeated attempts by the National Archives to secure the Vice 
President's cooperation or at least an explanation for noncompliance 
were met with silence and then, apparently, an effort to abolish the 
office that had dared try to enforce the law.
  In the meantime, in January 2007, the National Archives referred the 
question to the Department of Justice for clarification, as to whether 
the Vice President is an executive branch entity required to comply 
with an Executive order. You might think that in 6 months the 
Department of Justice would produce a memo stating the Vice President 
must comply with Executive orders and that he is, in fact, as we all 
know, in the executive branch.
  Well, you would be wrong. The Vice President makes an argument that 
would flunk an elementary school civics test so he may circumvent 
safeguards on national security information. The Attorney General goes 
along with this by refusing even to respond to a letter seeking 
clarification of the law, which is a core function of the Department of 
Justice Office of Legal Counsel.
  What is going on here? Second, in this ignominious list is the 
President's personal intervention to deny security clearances to 
investigators from the Justice Department's Office of Professional 
Responsibility, or as we call it, OPR, who were looking into the 
administration's warrantless domestic surveillance program.
  This is the first time ever an OPR investigator was denied necessary 
clearances to conduct their investigation. Of course, the denial of 
security clearances had the intended effect: The investigation by OPR 
was shut down.
  Now, as we all know, the distinguished chairman of the Senate 
Judiciary Committee, Senator Leahy, has been forced to issue subpoenas 
to the White House, the Office of the Vice President, the Department of 
Justice, and the National Security Council, in order to obtain 
information Congress has sought for months related to the 
administration's legal justification for the warrantless wiretapping 
program.
  If the White House's refusal to honor earlier congressional subpoenas 
and turn over information on the U.S. attorney firings is any 
indication of things to come, we can expect more stalling and more 
stonewalling by this administration as Congress seeks to learn the 
truth.
  Again, what is going on here? What is going on, I believe, is a 
systematic effort on the part of the Bush administration, to twist, to 
partisan and political advantage, threats to our national security as 
justification for conducting Government in secret and in darkness, 
shadowed from congressional oversight and far from the light of public 
scrutiny.
  If this requires making preposterous arguments, such as the Vice 
President's, in their view, that is fine. If this requires taking 
unprecedented action to deny clearance to Government investigators, 
fine by them. If this requires dispensing with many years of tradition 
and practice, distorting the plain language of Executive orders and 
abdicating the Department of Justice's watchdog role, again, fine with 
them. If this requires attempts to a evade even a congressional 
subpoena, well, that is apparently fine too.
  I will end where I began, with the issue of communications regarding 
ongoing cases and investigations between the White House and the 
Department of Justice. As Mr. Gonzales acknowledged yesterday, the 
greatest danger of infection of the Department of Justice with improper 
political influence comes from the White House.
  Along with Chairman Leahy, I have introduced a bill to set the Reno-
Cutler policy for White House contacts as a baseline and to require the 
Department of Justice and the White House to report to Congress any 
time they authorize someone else to have these sensitive discussions.
  It is my sincere hope this bill will have bipartisan support. But 
this bill is only one small part of a larger effort to restore checks 
and balances to our Government. We must and we will continue this 
effort, challenging the administration to work for the Democratic 
Congress, to stop playing politics with national security, and to end 
the secrecy and abuse of power that have become the hallmark of the 
Bush era.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. I ask unanimous consent to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  NOMINATION OF JUDGE LESLIE SOUTHWICK

  Mr. DURBIN. Mr. President, one of the more challenging tasks for a 
Senator is not to stand in judgment of a bill or even a law or a policy 
but to stand in judgment of a person. I served in the House of 
Representatives for 14 years before coming to the Senate. It is the one 
dramatic difference between the two bodies. Time and again we are 
called on in the Senate, in our capacity to advise and consent to 
Presidential nominations, to stand in judgment of people. It is not an 
easy assignment. You have to, in a matter of a short period, maybe meet 
a person, read about their background, and try to think ahead whether 
they are ready for the job they are being sent to do. For some it is 
only a temporary assignment. It might be for a year or two or more in a 
Federal agency with an important responsibility. I look at those 
judgments and assignments seriously, but not nearly as seriously as the 
task of picking Federal judges. A Federal judge, that man or woman, is 
appointed for a lifetime. The decision you make about a person has to 
be done more carefully. There has to be more reflection. If questions 
are raised about a person, their judgment, their values, their 
background, their veracity, their integrity, those questions are taken 
more seriously because that judge on that bench will be the face of 
America's law for the rest of his or her natural life.
  As a member of the Judiciary Committee, I come face to face with 
these decisions on a regular basis and try to do my best to not only 
help pick good judges for my own State of Illinois but to be fair in 
judging those the President, whether a Democrat or Republican, sends to 
us for approval.
  There is a controversial nomination now pending for the U.S. Court of 
Appeals for the Fifth Circuit, the nomination of a local State judge in 
Mississippi named Leslie Southwick. I

[[Page 20352]]

came to the Southwick nomination with no advance knowledge of the man 
or anything he had done. I truly had an open mind. I attended his 
nomination hearing and tried to give him the benefit of the doubt. 
Today I am sorry to report I have only doubt about his appointment to 
this lifetime position. There are too many questions about whether 
Judge Southwick would bring a measure of fairness in cases involving 
civil rights and the rights of ordinary people in his court. This 
perception as to whether he will be fair or evenhanded is determinative 
in my mind. Whether you agree with that perception, it is there.
  It is sad but accurate to report that Judge Southwick has lost the 
confidence of the civil rights community in the State of Mississippi 
and across the Nation. There is one case I wish to mention which may 
help explain why this has occurred. The case is called Richmond v. 
Mississippi Department of Human Services. Because of the wording in the 
case, it is unfortunate, I will be unable to read it into the Record; 
it would be inappropriate. But suffice it to say, in this 1998 case, 
the Mississippi State Court of Appeals ruled 5 to 4 to reinstate and 
give back pay to a White employee who had been fired for calling a 
Black employee the ``N'' word. Judge Southwick was in the five-person 
majority and thus was the deciding vote in that case.
  Here is the background. The plaintiff, Bonnie Richmond, was a White 
employee who worked at the Mississippi Department of Human Services, a 
State agency with a 50-percent African-American workforce. After 
referring to an African-American colleague as a ``good ole'' ``N'' 
word, Bonnie Richmond, the white employee, was fired. She appealed her 
termination and was successful. A State hearing officer reinstated her. 
That decision was affirmed by the full Mississippi Employee Appeals 
Board, then reversed by the State court trial judge. Judge Southwick's 
court reversed it again, ruling for the White employee who had used the 
offensive racial epithet. Finally, the Mississippi Supreme Court 
weighed in. The Mississippi Supreme Court unanimously reversed the 
majority opinion which Judge Southwick had signed his name to, ordering 
the case to be remanded to determine an appropriate punishment short of 
termination for the White employee, Bonnie Richmond.
  Mr. Southwick's defenders point out that he didn't write the opinion 
he signed on to. That is certainly true. But he didn't have to sign on 
to it, if he didn't agree with it. He could have filed a concurrence 
agreeing in the judgment but not the reasoning. He chose not to do so. 
The opinion Judge Southwick signed stated that the White employee who 
used the ``N'' word in this case ``was not motivated out of racial 
hatred or animosity directed toward her co-worker or toward blacks in 
general.''
  I don't believe that is a mainstream view in America. I don't believe 
it is a mainstream view to say that the ``N'' word is ``not motivated 
out of racial hatred or animosity.'' The Southwick majority also 
affirmed the determination of the hearing officer who said the use of 
the term good old ``N'' word was intended to mean a ``teacher's pet'' 
and was in this context about as offensive as calling someone ``a good 
old boy or Uncle Tom or chubby or fat or slim.'' Again, is that a 
mainstream view in America?
  Recently a civil rights organization had a symbolic ceremonial burial 
for the ``N'' word, saying it is time it be removed from the American 
language, it is so offensive. For someone in Judge Southwick's court to 
be so dismissive of this term is truly to be insensitive. I don't 
believe the opinion which Judge Southwick signed on to reflected the 
type of racial sensitivity we need in a Federal judge.
  The dissent in the case was eloquent and powerful. It said:

       The [``N'' word] is, and has always been, offensive. Search 
     high and low, you will not find any non-offensive definition 
     of this term. There are some words, which by their nature and 
     definition are so inherently offensive, that their use 
     establishes the intent to offend.

  I certainly agree with that powerful dissent. I am sorry Judge 
Southwick does not.
  At his May 10, 2007 hearing, Judge Southwick was asked if he still 
stood by his vote in that case. He said he did. I find that very 
troubling.
  This is particularly important given the context of this nomination. 
This Fifth Circuit covers the States of Mississippi, Texas, and 
Louisiana. Those three States have the largest percentage of minority 
residents of any Federal circuit in America--44 percent. The State of 
Mississippi has the largest percentage of African Americans of any 
State in the Union--36 percent.
  There are 19 judges on the Fifth Circuit. Of those 19, only 1 is 
African American. That would be Judge Carl Stewart of Louisiana.
  Now, some have suggested that recent nominees to the Fifth Circuit 
reflect a deliberate design to protect this imbalance. Others say it is 
a conscious disregard of the obvious unfairness. The most generous view 
is that it is only a coincidence.
  Two previous nominees to this Fifth Circuit seat--Charles Pickering 
and Michael Wallace--were not confirmed because of their anti-civil 
rights backgrounds.
  Judge Pickering had unethically tried to lower the prison sentence 
for a convicted cross burner. Mr. Wallace defended the discriminatory 
policies of Bob Jones University and was so notorious for his hostility 
to civil rights that the American Bar Association gave him a rating of 
``not qualified.''
  The Southwick nomination has become a controversial nomination, with 
more focus than any other current circuit court nomination I can think 
of on the racial issue. Time and again, the nominees sent by the White 
House to the Senate Judiciary Committee fail the most basic test as to 
whether they will fill this lifetime position on the Federal bench and 
rule fairly on issues involving race.
  It is critical that members of the Fifth Circuit have an open mind 
when it comes to issues of race. In a letter sent to the Judiciary 
Committee, the Congressional Black Caucus opposed the confirmation of 
Judge Southwick and said:

       Our Caucus is most concerned about Mr. Southwick's ability 
     to afford equal justice under law in the Circuit where racial 
     discrimination has always been most pronounced.

  In another letter of opposition sent to the Judiciary Committee, the 
NAACP, the NAACP Legal Defense Fund, National Urban League, and the 
Rainbow/PUSH Coalition said:

       This position is a lifetime appointment. If confirmed, 
     Southwick will often provide the final word on the civil 
     rights of millions of minority residents within the Fifth 
     Circuit.

  Historically, there have been some judicial giants in the Fifth 
Circuit who have served with great courage. Alabama used to be part of 
that Circuit. A few years ago, I went to Alabama for the first time as 
a guest of an organization known as the Faith and Politics Institute on 
Capitol Hill. It is a bipartisan group, and it tries to blend some 
views toward values with political decisions.
  Under the leadership of John Lewis, the Congressman from Atlanta, GA, 
who was a pioneer in the civil rights movement, we went down to visit 
some of the key places where the civil rights struggle occurred.
  We went to Birmingham and Montgomery and Selma, AL. I had to leave a 
little early, and so it appeared I would not have a chance to visit the 
Edmund Pettus Bridge, the notorious bridge where the march from Selma 
was stopped with violence. John Lewis, typical of what a fine person he 
is, said: I will get up extra early Sunday morning. I will drive you 
over there. You and I will walk across the bridge together.
  Well, Senator Sam Brownback joined us, and I am sure Senator 
Brownback felt as I did, that it was an extraordinary day. That early, 
cool Sunday morning, John Lewis took us across that bridge and showed 
us the point where he had been clubbed and almost killed, as he tried 
to walk on that civil rights march.
  I will never forget that scene. As a college student, I thought that 
maybe I

[[Page 20353]]

could be there at that march. As luck would have it, I was not. I have 
regretted it ever since. But to be there that moment with John Lewis a 
few years ago really was a touching experience.
  As we were driving back from the Edmund Pettus Bridge, John Lewis 
said to me: Do you know who the real hero was that day? It was Federal 
Judge Frank Johnson of Alabama. Johnson ordered the integration of 
Montgomery buses after Rosa Parks' protest in 1956, and he was the one 
who allowed that march in Selma to take place. Because of Judge 
Johnson's courage, he was shunned by his community, ostracized. His 
mother's home was bombed. He was threatened many times because of his 
courage when it came to the issue of civil rights.
  So when we speak of the Fifth Circuit, and its history, and Federal 
judges, I think of Frank Johnson and what he meant to America's history 
because of his courage.
  At Judge Southwick's nomination hearing, I wanted to be fair with 
him, and I asked him a question which was maybe one of the easiest 
questions you could ask of a nominee. I asked him to name a single time 
in his career or in his life when he took an unpopular point of view on 
behalf of the voiceless or powerless. He could not name a single 
instance.
  I thought, perhaps that was not fair. The judge should be allowed to 
reflect on that question. I will send it to him in writing and ask him: 
Was there a time in your life when you sided, for example, with a civil 
rights plaintiff when your court was split? He could not name a single 
case in his judicial career.
  There has been a heavy focus placed on Judge Southwick's votes in the 
so-called ``N'' word case--which I have discussed--and a custody case 
in which he voted to take an 8-year-old girl away from her lesbian 
mother.
  I disagree with Judge Southwick's position in these cases. I think, 
sadly, they show an inclination toward intolerance and insensitivity. 
But I am sympathetic to the argument that these are only two cases out 
of thousands in which he has taken part. However, it is not the end of 
the story.
  A business group in Mississippi looked at 638 cases during an 8-year 
period of time and rated Judge Southwick as the judge on the 
Mississippi Court of Appeals most likely to rule against common, 
ordinary people, employees suing their employers. Another study showed 
he voted with companies and employers, businesses and powerful 
interests, in 160 out of 180 cases in which there was a split decision.
  Many groups that do not normally take a position on a Federal judge 
have spoken out against Judge Southwick. There are many positive things 
about this judge's life. He has served his country. He has served in 
the military. And I am sure he has done many good things. But when a 
Senator has to make a decision about a lifetime appointment to a 
critical circuit court position, in a controversial area, where we have 
had a string of controversial nominees, you have to take that very 
seriously.
  There is just too much doubt about whether Judge Southwick will have 
an open mind when it comes to civil rights and the rights of ordinary 
people in his court, and that is why I will oppose him if he comes 
before the Judiciary Committee.
  A final word. Senator Patrick Leahy, the chairman of the Senate 
Judiciary Committee, has said he will call Judge Southwick for a vote 
whenever Senator Specter and the Republican minority want his name to 
be called. I do not know how my colleagues on the Democratic side will 
vote. I know many of them share my misgivings.
  Judge Southwick has had a hearing, which is more than can be said for 
many nominees from the Clinton administration--over 60 judicial 
nominees were bottled up in the Senate Judiciary Committee during those 
years, never even given the dignity or courtesy of a hearing and vote. 
Judge Southwick had his hearing. He had his opportunity to speak and 
answer questions, unlike dozens of Clinton nominees who never had that 
chance.
  Now his record is there for everyone to view, and his name is there 
if the Republicans decide they wish to call him for a vote. This is not 
obstructionism. This is the process as it should work. I urge my 
colleagues, particularly from the State of Mississippi, if Judge 
Southwick does not prevail, I hope they will be able to find in that 
great State someone who can be brought to this nomination who will not 
incur the wrath and doubt that Judge Southwick has over his decisions 
and over his testimony before the Senate Judiciary Committee.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from South Carolina.

                          ____________________




                           HOMELAND SECURITY

  Mr. GRAHAM. Mr. President, a bit later I will be calling up an 
amendment to the Homeland Security appropriations bill pending before 
the Senate. I would like a moment, if I could----
  The PRESIDING OFFICER. If the Senator will suspend.
  Mr. GRAHAM. Yes, I certainly will. I believe Senator Byrd wants to 
make a statement first.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 2638, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2638) making appropriations for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2008, and for other purposes.

  Pending:

       Byrd/Cochran amendment No. 2383, in the nature of a 
     substitute.
       Bingaman amendment No. 2388 (to amendment No. 2383), to 
     provide financial aid to local law enforcement officials 
     along the Nation's borders.

  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I thank my friend and colleague, the very 
able and distinguished Senator from South Carolina, for his 
characteristic courtesy.
  Mr. President, this morning, we return to the consideration of the 
fiscal year 2008 Homeland Security appropriations bill. The 
Appropriations Committee, by a vote of 29 to 0, produced a balanced and 
responsible bill.
  The bill includes significant resources for border security, for 
enforcing our immigration laws, and for improving security at our 
airports. We include--we include, may I say--significant new resources 
for implementing the SAFE Port Act. We also restore cuts in the first 
responder grants program.
  Last week, the administration released its latest National 
Intelligence Estimate concerning the terrorist threat to the U.S. 
homeland. Hear me now. I will say that again. Last week, the 
administration released its latest National Intelligence Estimate 
concerning the terrorist threat to the U.S. homeland. That is right 
here, the U.S. homeland. I will quote from the report. This is not just 
Robert Byrd talking.
  Let me say that again. Last week, the administration released its 
latest--I am talking about the administration, the Bush administration, 
the administration in control of the executive branch--the 
administration released its latest National Intelligence Estimate 
concerning the terrorist threat to the U.S. homeland. I will quote from 
the report:

       We judge the U.S. Homeland will face a persistent and 
     evolving terrorist threat over the next three years.

  That ought to make us sit up and take notice. I am going to say it 
again. Hear me.
  Last week, the administration released its latest National 
Intelligence Estimate concerning the terrorist threat to the U.S. 
homeland. I will quote from the report:

       We judge the U.S. Homeland will face a persistent and 
     evolving terrorist threat over

[[Page 20354]]

     the next three years. The main threat comes from Islamic 
     terrorist groups and cells, especially al-Qa'ida, driven by 
     their undiminished intent to attack the Homeland and a 
     continued effort by these terrorist groups to adapt and 
     improve their capabilities. . . .
       [W]e judge that al-Qa'ida will intensify its efforts to put 
     operatives here.

  Let me repeat that word--here, H-E-R-E.
  Yesterday, in light of this latest threat assessment from the 
Government's most senior intelligence analyst--I better read that 
again. Yesterday, in light of this latest threat assessment from the 
Government's most senior intelligence analyst, I urged the President to 
reconsider his veto threat of this bill. This morning, we received the 
White House's response. The President has said he will veto this bill 
because he, the President--President Bush--regards the additional 
spending for border security, port security, aviation security, and for 
first responder grants as excessive.
  The President has every right to make this threat, but, in my view, 
the view of this West Virginia mountaineer, the threat is 
irresponsible. Let me say that again. In my view--and I am a U.S. 
Senator--the threat is irresponsible.
  If the President is going to scare the Nation by issuing intelligence 
estimates that say the threat of a terrorist attack is persistent and 
evolving, he, the President--President Bush--has a responsibility to 
back it up with resources to deter that threat. The Appropriations 
Committee recognizes the threat, and the Appropriations Committee of 
the Senate has responded responsibly.
  I ask unanimous consent to have printed in the Record the Statement 
of Administration Policy dated July 25, 2007.
  Mr. President, I yield the floor.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Statement of Administration Policy, S. 1644--Department of Homeland 
                   Security Appropriations Act, 2008

       (Sponsor: Senator Byrd (D), West Virginia.)
       The Administration strongly opposes S. 1644 because, in 
     combination with the other FY 2008 appropriations bills, it 
     includes an irresponsible and excessive level of spending and 
     includes other objectionable provisions.
       The President has proposed a responsible plan for a 
     balanced budget by 2012 through spending restraint and 
     without raising taxes. To achieve this important goal, the 
     Administration supports a responsible discretionary spending 
     total of not more than $933 billion in FY 2008, which is a 
     $60 billion increase over the FY 2007 enacted level. The 
     Democratic Budget Resolution and subsequent spending 
     allocations adopted by the Senate Appropriations Committee 
     exceed the President's discretionary spending topline by $22 
     billion causing a 9 percent increase in FY 2008 discretionary 
     spending. In addition, the Administration opposes the Senate 
     Appropriations Committee's plan to shift $3.5 billion from 
     the Defense appropriations bill to non-defense spending, 
     which is inconsistent with the Democrats' Budget Resolution 
     and risks diminishing America's war fighting capacity.
       S. 1644 exceeds the President's request for programs funded 
     in this bill by $2.2 billion, part of the $22 billion 
     increase above the President's request for FY 2008 
     appropriations. The Administration has asked that Congress 
     demonstrate a path to live within the President's topline and 
     cover the excess spending in this bill through reductions 
     elsewhere. Because Congress has failed to demonstrate such a 
     path. if S. 1644 were presented to the President, he would 
     veto the bill.
       The President has called on Congress to reform the 
     earmarking process that has led to wasteful and unnecessary 
     spending. Specifically, he called on Congress to provide 
     greater transparency and full disclosure of earmarks, to put 
     them in the language of the bill itself, eliminate wasteful 
     earmarks, and to cut the cost and number by at least half. 
     The Administration opposes any efforts to shield earmarks 
     from public scrutiny and urges Congress to bring full 
     transparency to the earmarking process and to cut the cost 
     and number of earmarks by at least half.
       The Administration would like to take this opportunity to 
     share additional views regarding the Committee's version of 
     the bill.


                          securing our borders

       The Administration has requested a total of $11.8 billion 
     in FY 2008 for border security and interior enforcement 
     measures, representing a nearly 50 percent increase since FY 
     2006. The Administration is pleased that the bill supports 
     the requested funding for strengthening border security by 
     adding 3,000 new Border Patrol agents, enhancing interior 
     enforcement efforts, and providing $1 billion for fencing and 
     other infrastructure improvements through the Secure Border 
     Initiative. The Senate is asked to support other key elements 
     of the Administration's effort to control our border as well.
       The Administration strongly objects to the $100 million 
     reduction to the US-VISIT budget. While the Administration 
     appreciates the Senate's support for the Unique Identity 
     program, US-VISIT cannot collect and analyze 10-print or move 
     towards completing IDENT/IAFIS interoperability without the 
     full request, as these funds are necessary to critical 
     support operations and key program management and support 
     functions, such as data center operations and fingerprint 
     examiners. This shortfall will deny DHS and the FBI the 
     ability to search each other's databases using a full 10 
     fingerprints, to assist with terrorism and criminal 
     investigations.
       The Administration opposes any provision delaying Western 
     Hemisphere Travel Initiative (WHTI) implementation at our 
     land and sea borders to June 2009. The Administration is 
     committed to working with Congress and the public to 
     implement WHTI in a manner that will cause as little 
     disruption as possible, while providing Americans with the 
     enhanced security that they expect. Recently, the U.S. 
     Departments of State and Homeland Security announced that 
     U.S. citizens traveling to Canada, Mexico, the Caribbean, and 
     Bermuda, by air, who have applied for but not yet received 
     passports can nevertheless temporarily enter and depart the 
     United States with a government issued photo identification 
     and proof of application for a passport from the Department 
     of State through September 30, 2007. The federal government 
     is making this accommodation for air travel due to longer-
     than-expected processing times for passport applications in 
     the face of record demand. In addition, earlier this summer, 
     DHS announced that it will accept an expanded list of secure 
     documents at land and sea ports of entry when WHTI becomes 
     effective on January 31, 2008.
       The Administration is concerned by the decision to 
     significantly reduce funding for the Secure Flight program, 
     which addresses critical vulnerabilities in the Nation's 
     aviation security system. The program has been delayed for 
     many years, and lack of sufficient funding in FY 2008 would 
     further delay it beyond the current target deployment of 
     2010. TSA has provided all requested information on the 
     program and continues to work closely with Congress and the 
     Government Accountability Office (GAO) to meet the ten 
     mandates specified in P.L. 108-334. Hence, the Administration 
     asks that Congress fund the Secure Flight program at the 
     requested level while providing TSA authority to transfer 
     sufficient funds, if needed, after Congressional 
     notification, to meet the ten requirements as soon as 
     possible.


               federal emergency management agency (fema)

       The Administration strongly opposes the dramatic increase 
     of $1.8 billion for State and local homeland security grant 
     programs. By the end of FY 2007, DHS will have provided over 
     $23 billion in direct preparedness support to State and local 
     agencies of which approximately $8.5 billion will be unspent 
     and available for preparedness projects in FY 2008. Rather 
     than appropriating additional unjustified dollars, Congress 
     should work together with the Administration to ensure that 
     existing dollars are being appropriately spent and to develop 
     a better understanding of what reductions in risk and 
     increases in State and local capabilities will be achieved 
     with these unspent funds. The Administration strongly 
     believes that the FY 2008 request level of $2.2 billion is 
     appropriate and allows the Federal Government to meet 
     national priorities and stand together with State and local 
     first responders in preparing for terrorist attacks and other 
     major disasters. Further, the Administration is opposed to 
     the creation of a new regional preparedness grant program, 
     which would be duplicative of current programs. While the 
     Administration strongly supports efforts to enhance 
     preparedness on a regional scale, existing grant programs 
     currently offer strong incentives for regional collaboration 
     through State homeland security strategies and programs.


                       chemical facility security

       The Administration opposes section 531, which would prevent 
     the Department of Homeland Security (DHS) from establishing 
     and enforcing, for the first time, a single, national 
     performance-based standard for enhancing the security of 
     high-risk chemical facilities. Allowing State preemption of 
     Federal law could thwart DHS's efforts to establish a 
     national chemical facility security framework. Separately, 
     while the Administration would prefer that Congress not 
     restrict the Department's authorities in this manner, the 
     Administration notes that the approach taken by this bill 
     would cause less disruption to the chemical security program 
     than language contained in the House version of the bill, 
     H.R. 2638 which in addition to allowing State preemption, 
     would also lessen the protection of sensitive information 
     relating to the security of these facilities.


                             secret service

       The Administration strongly objects to the elimination of 
     $3.1 million for presidentially

[[Page 20355]]

     designated Secret Service protection for Executive Office of 
     the President (EOP) personnel, which leaves these costs 
     unfunded for FY 2008. In addition, beyond FY 2008, the 
     uncertainty of who will be protected and how much the Secret 
     Service protection will cost would create an unnecessary 
     burden for the EOP.
       The Administration also strongly objects to section 516(b) 
     that would limit the Secret Service's protective mission by 
     creating a burdensome reimbursable mechanism in lieu of the 
     appropriate flexibility needed to protect these officials. 
     The Secret Service is better equipped to manage these costs.


                    principal federal official (pfo)

       The Department of Homeland Security supports the Senate 
     bill's omission of language previously included in the House 
     bill, H.R. 2638, which would prohibit funding PFOs during 
     disasters or emergencies. The Secretary of Homeland Security 
     serves as the principal Federal official for domestic 
     incident management. The PFO plays a valuable role as the 
     representative of the Secretary in the field by coordinating 
     Federal operations to respond to and recover from terrorist 
     attacks, major disasters, and other emergencies. The 
     Administration understands the need to clarify the chain of 
     command for incident management and is currently revising the 
     National Response Plan to address this need.


                               Management

       The Administration strongly supports funding provided in 
     the bill for the design and buildout of the St. Elizabeths 
     campus, which is the first critical step toward a 
     consolidated DHS headquarters.
       The Administration is strongly opposed to any effort to 
     reduce, limit, or delay funding for DHS human resources 
     initiatives. The bill provides only $5 million of the $15 
     million requested for a human capital system, whi?h would 
     severely impact support to basic human resource services and 
     development of practices designed to meet the Department's 
     diverse personnel requirements.
       While the Administration understands the need for prompt 
     delivery of reports to Congress, the requirement to deliver 
     reports on complicated matters before receiving funding could 
     inhibit the Department's efforts to carry out its mission. 
     Congress already requires more than 1,000 appropriations-
     related DHS reports and is urged to ease the administrative 
     burden upon DHS and reduce the additional reports required in 
     the bill.
       The Administration objects to the provision that would 
     prohibit the use of funds for further data center development 
     until the National Center for Critical Information Processing 
     is fully used. The Department is consolidating its data 
     center operations into two primary facilities and this 
     provision would limit the Department's ability to improve and 
     streamline its data management capabilities.
       The Administration appreciates the importance of GAO's 
     ability to conduct inquiries efficiently and effectively, and 
     DHS is taking action to speed its response to GAO requests. 
     However, the Administration objects to the requirement that 
     DHS revise departmental guidance regarding relations with GAO 
     in consultation with the Comptroller General. Congress's 
     directing the adoption of certain truncated deadlines and 
     procedural hurdles is inconsistent with the principle of 
     separation of powers, because it would interfere with the 
     time-tested process of accommodation between the Executive 
     and Legislative branches.
       The Administration strongy objects to section 502, which 
     would suspend for FY 2008 the DHS Secretary's authority to 
     reorganize the Department to rapidly meet changing mission 
     needs.


                     National Communications System

       The Administration is concerned with the level of funding 
     provided for Next Generation Network priority 
     telecommunications services. Without the full request, the 
     Wireless Priority Service and Government Emergency 
     Telecommunications Service would lose coverage as 
     communications carriers migrate from circuit-switched 
     networks to packet-switched networks, preventing national 
     security decision makers from receiving prioritized bandwidth 
     for emergency communications.


                    United States Coast Guard (USCG)

       The Administration objects to section 529, which prohibits 
     alteration of the Civil Engineering Program of the Coast 
     Guard. This language would severely limit USCG's 
     administration of its engineering programs, including its 
     ability to make such programs more cost-effective, and 
     undermine the Commandant's authority under 14 U.S.C. 632. It 
     would also significantly affect the Commandant's efforts to 
     realign the USCG's mission support organization, of which 
     civil engineering activities and elements comprise only one 
     part.


       United States Citizenship and Immigration Services (USCIS)

       The Administration is disappointed that the bill does not 
     include a provision necessary to clarify fee authority with 
     respect to the USCIS Systematic Alien Verification for 
     Entitlements (SAVE) program. The SAVE program serves the 
     needs of numerous Federal, State and local agencies that need 
     to verify immigration status for the purpose of determining 
     eligibility for a wide variety of public benefit programs by 
     providing them the necessary information from DHS records.


                          Competitive Sourcing

       The Administration strongly opposes sections 515 and 528, 
     which impose restrictions on competitive sourcing for work 
     performed by the Immigration Information Officers at the U.S. 
     Citizenship and Immigration Services and the Federal Law 
     Enforcement Training Center instructor staff. Depriving DHS 
     of the operational efficiencies gained by competition limits 
     its ability to direct Federal resources to other priorities. 
     Management decisions about public-private competition and 
     accountability for results should be vested with the 
     Department.


                        Constitutional Concerns

       Several provisions of the bill purport to require advance 
     approval by congressional committees prior to the obligation 
     of funds. These include sections 504, 505, 509, and 534; and 
     under the headings, ``Border Security Fencing, 
     Infrastructure, and Technology,'' and ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement,'' 
     U.S. Customs and Border Protection; ``Salaries and 
     Expenses,'' United States Secret Service; ``Management and 
     Administration,'' National Protection and Programs 
     Directorate; and ``Indicator Technology,'' United States 
     Visitor and Immigrant Status.
       Section 513 of the bill, which purports to prohibit the 
     Executive Branch from screening certain airline passengers, 
     should be stricken as inconsistent with the President's 
     constitutional authority as Commander in Chief to take steps 
     necessary to protect the Nation from foreign attack.
       Section 518 purports to prohibit the use of funds with 
     respect to the transmission of certain information to 
     Congress. This section could impede communications within the 
     Executive Branch and could undercut the President's 
     constitutional duty to ``take care that the Laws be 
     faithfully executed.'' The Administration urges the Senate to 
     delete the provision.

  The PRESIDING OFFICER (Mr. Carper). The Senator from South Carolina 
is recognized.


                Amendment No. 2412 To Amendment No. 2383

  Mr. GRAHAM. Mr. President, I offer an amendment and ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. Graham], for himself, 
     Mr. Gregg, Mr. Sessions, Mr. Kyl, Mr. Cornyn, Mr. McConnell, 
     Mr. Domenici, Mr. McCain, Mr. Sununu, Mr. Martinez, Mr. 
     Coleman, and Mr. Specter, proposes an amendment numbered 
     2412.

  Mr. GRAHAM. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. GRAHAM. Mr. President, this amendment builds a little bit on what 
Senator Byrd is talking about. How the threats to the Nation are real, 
how to handle those threats, how much money we need, and where to put 
the money are all honest and genuine debates. But I think we found some 
common ground here as a nation from the last immigration debate.
  Senator Judd Gregg has been one of the leading advocates for stronger 
border security since I have been in the Senate.
  During the last immigration debate in terms of a comprehensive 
approach to solving immigration policy, one of the things we seemed to 
find common ground on was the idea of providing additional border 
security. So the amendment I have just offered, which will be 
cosponsored by Senators Gregg, Sessions, Kyl, Cornyn, McConnell, 
Domenici, McCain, Sununu, Martinez, Coleman, Specter, and many others, 
seeks to build on what we did in the last debate--to make it a reality 
in the area in which we have common ground.
  The amendment has $3 billion in terms of spending, emergency funding. 
I would argue that the border security situation in this country and 
visa overstays are emergencies and that we have lost operational 
control of our border. We have lost the ability to track people who 
come here on visas in terms of when their visas expire and whether they 
left, and we will pay a heavy price, not only economically and socially 
but from a national security perspective. Of the ``Fort Dix Six'' 
people who were caught conspiring to attack Fort Dix, NJ, I think three 
overstayed their visas and three came across the border illegally 
earlier on in their life. So this amendment puts the

[[Page 20356]]

Senate and the American people's money where our mouth has been, and $3 
billion will go a long way.
  The goal of this amendment is to provide complete operational control 
of the U.S.-Mexican border. It will increase the number of Border 
Patrol agents to 23,000. It will allow us to appropriate four new 
unmanned aerial vehicles, 105 ground-based radar camera towers, 300 
miles of vehicle barriers, 700 miles of border fencing, and a permanent 
end to the catch-and-release policy with 45,000 new detention beds.
  This is a comprehensive border security amendment. It also authorizes 
things we need to have authorized from the last debate where we were 
not able to pass a comprehensive bill. It takes some of the stronger 
border security measures and makes them part of this amendment. As I 
said, it will increase the number of border security agents to 23,000. 
It adds 14,500 new Customs Border Patrol agents through fiscal year 
2012, increasing the overall number to 30,000. The Sanctuary City 
problem Senator Coburn identified--he has modified his original 
proposal, and that is in this amendment.
  This amendment authorizes a continued National Guard presence. It 
strengthens our laws to deny immigration benefits to aggravated felons, 
gang members, sex offenders, and child abusers. It really goes into our 
law and cleans up what is pretty much a mess by making sure we have the 
ability to detain and deport people who are dangerous, who have been 
convicted of serious offenses.
  It gives State and local law enforcement authorities the ability to 
detain illegal aliens and transfer them to the Department of Homeland 
Security. It basically allows them to take money from Homeland Security 
grants and apply it to the cost of detaining and turning over illegal 
immigrants they may run into and apprehend.
  As to visa overstayers, the 19 hijackers who came into America who 
perpetrated the acts of 9/11, I believe all of them--if not all of 
them, most of them--were visa overstayers. Forty percent of the illegal 
aliens in this country never come across the border; they overstay 
their visa. This will allow the Department of Homeland Security to come 
up with a tracking system to better identify visa overstayers, who have 
proven to be in the past some of the most dangerous people in terms of 
threat to the homeland. It will allow the agency to coordinate with 
local law enforcement mandatory detention and deportation.
  It also gets tough on those who keep coming back across the border. 
There is this catch-and-release concept which needs to end. That is why 
we have 45,000 new bedspaces to detain people, give them the hearings 
required by law, and under this amendment, if you are caught coming 
back into the country after you have been deported, it has mandatory 
jail time.
  One reason we have 12 million people here is that no one seems to 
take our laws too seriously, including ourselves. So now it is time to 
tell the world at large and those who would violate our laws that there 
will be a price to be paid, unlike the current system; that if you are 
caught coming back into the country after you have been deported, there 
will be mandatory jail time. This has been tried in some areas of the 
border, and it has been enormously successful.
  There are many parts in this bill regarding employment eligibility 
and verification. The pilot program to have biometric cards to 
determine employment will be expanded, and those who tell us about 
possible threats to our Nation's transportation system or homeland, we 
are going to protect them from civil lawsuits. If you are trying to 
identify a problem and you call your government and say: I think there 
is a problem here, we are going to make sure you don't get sued for 
doing your civic duty.
  So it is a comprehensive approach. It is a $3 billion dollar 
appropriation, and within that appropriation, we have some change in 
policy that will secure the homeland in a better fashion than the 
current system does. If this is not an emergency, I don't know what 
would be in terms of our national security interests.
  The one thing the Congress--the Senate and the House--should agree on 
immediately, in my opinion, is gaining operational control, regaining 
operational control of our border and controlling the visa program that 
allows millions of people over time to come to the United States.
  I would just make one point here. Rahm Emanuel, one of the Democratic 
House leaders, was quoted recently as saying that his party will not 
attempt comprehensive immigration reform until at least the second term 
of a prospective Democratic President. That is a chilling statement. I 
think that is a very dangerous thing to be saying at a time when our 
Nation is under siege, and to suggest to the American people that the 
Democratic leadership in the House is going to put this topic off until 
the second term of a prospective Democratic President misses the point 
and really, literally, misses the boat. This is an emergency if there 
ever was one, and the idea of putting this off for 6 or 7 more years I 
think would be a national security nightmare. It would be an economic 
and social mistake for the ages in terms of the role the Congress would 
play.
  So I urge my colleagues in the Senate not to go down the road that 
Congressman Emanuel has laid out for the Democratic-controlled House; 
that is, putting this whole discussion off until the second term of a 
prospective Democratic President. I couldn't find a better issue to 
show difference between myself and my colleagues in the House at the 
Democratic leadership level than this issue. Not only should we do this 
now on this bill at this moment, we should have done this years ago.
  This is one of the issues facing the American people where there is 
broad consensus by Republicans, Democrats, and Independents. People 
want operational control of their borders. They want more money spent 
to secure their borders and to control who comes to the country, and 
for those who violate our laws and commit crimes, a better process to 
detain them and deport them. That is exactly what this amendment does.
  I believe our thinking on this amendment is very much in line with 
the American people. They see this very much as something we should 
have done a long time ago. Let's not forgo this opportunity. We tried 
just a few weeks ago, and that failed; a chance of having comprehensive 
reform failed. I feel an obligation to join forces with people who were 
disagreeing with me on a comprehensive approach to find common ground. 
I think the country is urging us to find that common ground. I believe 
this is a great place to start.
  The Border Security First Act of 2007 has been a product that has 
been bipartisan in nature. It is a collaborative effort between people 
who have a common view of our border security needs, and it is good 
legislation. It is needed money at the right time. It is policy changes 
that will make us safer as a nation.
  I would like to recognize Senator Judd Gregg's efforts over many 
years to push the administration--and the Senate particularly--to deal 
better with the lack of control on our borders.
  I look forward to talking about this amendment further. I appreciate 
all the cosponsors and the effort to do something constructive now. 
Let's, for heaven's sake, not wait 6 more years before we do something. 
Let's seize the moment, and the moment is now.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire is recognized.
  Mr. GREGG. Mr. President, I ask unanimous consent that at the 
conclusion of my remarks, the Senator from Maryland be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Mr. President, before congratulating the Senator from 
South Carolina for bringing forward this extremely important amendment, 
let me begin by congratulating the Senator from West Virginia and the 
Senator from Mississippi, the senior members of the Appropriations 
Committee, chairman and ranking member of the Appropriations Committee, 
who also are chairman and ranking member of

[[Page 20357]]

the Subcommittee on Homeland Security, for bringing forward a bill 
which makes major strides toward addressing our needs as a nation to 
protect ourselves and to make sure our borders are secure.
  This has been a very integral issue for both of these leaders for 
many years. Senator Cochran, who chaired this committee before the 
Democratic majority took over, and Senator Byrd, who was the ranking 
member on this committee for years and has been intimately involved in 
the effort to try to make sure we adequately address things like port 
security--their leadership is extraordinary, and this bill is a 
reflection of that. I do not want this amendment to in any way imply 
they have not made an extraordinary and a very effective effort to move 
forward with border security because within the context of the dollars 
they had available to them, they have done excellent work.
  What this amendment does, however--and I congratulate the Senator 
from South Carolina for bringing it forward--is acknowledge the fact 
that we have an emergency here. It is as big and important an emergency 
relative to national security as the war in Iraq is. I look at them 
pretty much as the same type of national emergency. The issue of 
controlling our borders is an issue of national security, of making 
sure that we as a country are safe and we maintain our viability as a 
nation. A country that doesn't control its borders is not safe and will 
lose its viability as a nation. So nothing is more important to us from 
the standpoint of protecting national security and making sure we get 
operational control over the borders, which the Senator pointed out 
effectively, as this amendment moves forward.
  Some have said: Why would the former Budget Committee chairman, and 
now ranking member, be willing to offer an emergency resolution which 
brings this bill up by $3 billion? That is the reason. I have voted to 
make sure our troops are fully funded in Iraq. I am voting for this 
amendment because it will make sure we have the people we need on the 
border to assure that our national security is maintained. In 
maintaining security over the border, this amendment, once and for all, 
will put into place the necessary funding--this isn't an authorizing 
event, remember--to be sure we have the boots on the ground, the 
technology in place, and the detention capability in place in order to 
manage the border.
  It takes the present situation where we are ramping up the 20,000 
border agents and increases that number to 30,000 by 2012, and prefunds 
it, for all intents and purposes. In addition, it gives us 45,000 
detention beds, which is what we need to stop the catch-and-release 
process. So when the border agents apprehend someone whom they deem to 
be in this country inappropriately, they have a place they can put that 
person, where they can find them until they make a final 
determination--when the court system makes a final determination of 
whether that person is illegally in this country and should be 
returned.
  The way the law works now, unfortunately, we don't have enough beds. 
What happens is the person gets detained and the court system says 
return in a couple weeks and we will dispose of whether you are here 
legally. For the most part, they don't show up for court. This 
amendment will end that practice of catch and release, and I 
congratulate the Department for having worked hard to try to do this 
with the resources they presently have.
  In addition, this amendment will fully fund the commitment that we as 
a Congress made at least 2 years ago now to put into place the 
necessary hard fence and the virtual fence so that we know who is 
crossing the border, or when someone is crossing illegally, and we can 
stop, as well as possible, those who attempt to enter illegally. We 
know we need hard fencing in urban areas and we need virtual fencing 
along the less populated areas. We put out a plan and hired a 
contractor to put up the virtual fencing. This amendment guarantees 
that that virtual fencing, which involves a lot of electronics and air 
observation through Predators and the equipment necessary, such as 
helicopters and vehicles, will enable the people on the ground to 
apprehend these individuals who come in illegally where the crossing 
occurs, and it involves the necessary resources and capital investment 
to accomplish all of that, which is absolutely critical.
  It has the capital resources in it necessary to get the job done of 
protecting our borders, and the American people, if this amendment 
passes, will be able to look at the dollars that have been put into the 
pipeline, which will accomplish what is the first thing the American 
people want relative to immigration reform, which is secure borders.
  I supported the last comprehensive immigration bill. I was one of the 
few members on our side who voted for that bill. I believe we need to 
do something in a comprehensive way. But I also recognize the reality 
of the situation, which is that the American people will not move 
forward or will not accept movement in the area of comprehensive 
immigration reform until they are confident we have regained control 
over our borders. This amendment accomplishes that.
  In addition, there are a number of authorizing events in here. I 
recognize that authorizing appropriations is anathema to many of us. As 
was pointed out eloquently by the Senator from South Carolina, we don't 
have effective immigration reform. So the vehicle for accomplishing 
very targeted law enforcement reform--and this is law enforcement 
reform--in the area of protecting our borders is going to have to fall 
to the Appropriations Committee. It has not been unusual for the 
Appropriations Committee to assume the role of taking on an authorizing 
event when it is narrow and aimed at an issue of doing something that 
delivers a better service, and in this instance it is protecting our 
borders. That is not an unusual event for the Appropriations Committee. 
It is a lift, but it is something the Committee has done in the past 
and done rather well. I have chaired a couple of committees where that 
has been done.
  This is the time to do it. This is the time to put into place the 
authorizing language necessary to do the demonstration programs on US-
VISIT, which we absolutely need, to address the issue of how you deal 
with criminal aliens who have committed a felony, a rape, or are child 
abusers--that language is in here--and to address the issue of how you 
deal with sanctuary cities, and especially give State and local law 
enforcement individuals the authority to be an adjunct to the law 
enforcement effort being put forward by border control and Customs in 
the area of making sure our borders are secure.
  When someone comes through the northern border, for example--we don't 
have a lot of security on the northern border in the sense that we have 
it on the southern border because it is mostly forest or terrain that 
is not open. People can cross that border fairly quickly and easily and 
always have been able to. We don't have the same problem on the 
southern border. We have waves of people coming in there. Most of the 
first individuals coming in at the northern border will usually meet 
people of a law enforcement nature, but not our Customs and Border 
Patrol agents. It is probably going to be somebody south of there, in 
Epping, NH, or in New Ipswich, who says I want to know if you are here 
legally, and they have to have some authority to be able to raise that 
issue. They have to have probable cause. They have to have the 
authority to step forward when they have probable cause. This bill 
gives that authority.
  This is a good and appropriate piece of legislation for us to take up 
at this time. I recognize it puts the bill in further jeopardy because 
it is emergency funding and it adds $3 billion to the bill. But this is 
a national security issue and it needs to be done. I also recognize the 
Senator from West Virginia pointed out that this bill has received a 
letter from the administration saying they may or may not--but implying 
they would--veto it because it is over their allocation.
  Like the Senator from West Virginia, that concerns me a great deal 
because

[[Page 20358]]

I, again, must state that I don't see a whole lot of difference between 
fighting the war in Iraq and fighting the war on the border to protect 
ourselves from people coming into this country who may do us harm. 
Those are two issues which merge in this entire question of how we 
fight the war on terror. I can separate this bill from the other 
appropriations bills that may be over the administration's request--
maybe in agriculture, or in foreign operations, or in education and 
labor, or maybe in transportation, which is the actual day-to-day 
operations of the Government. But when it comes to fighting the war on 
terror and protecting national security, I believe we have to do 
everything necessary to accomplish that, and that means, in this 
instance, fully funding the necessary people to go on the border and 
the capital resources necessary to support those people on the border.


                Amendment No. 2415 to Amendment No. 2412

  Mr. GREGG. Mr. President, at this time, I send a second-degree 
amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Gregg] proposes an 
     amendment numbered 2415 to amendment No. 2412.

  Mr. GREGG. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the amendment, add the following:
       This division shall become effective one day after the date 
     of enactment.

  Mr. GREGG. This amendment simply changes the date, Mr. President. It 
is a technical amendment. I appreciate the courtesy of the Senator from 
Maryland in allowing me to proceed and, obviously, the Senators from 
West Virginia and Mississippi.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Maryland is recognized.
  Mr. CARDIN. Mr. President, first, I yield to the chairman of the 
committee, the Senator from West Virginia, who I understand would like 
some time to respond to the amendment offered.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. Mr. President, I thank the very distinguished Senator from 
Maryland, the able Senator, for yielding.
  I rise to discuss the Graham amendment. In total, in fiscal year 
2008, the bill includes $11,377,816,000 for border security programs 
within U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement. This is $1,288,302,000, or 12.7 percent, above 
fiscal year 2007, and $338,846,000 above the President's request. That 
is 3 percent over the President's request.
  With these funds, by the end of fiscal year 2008, there will be a 
total of 17,819 Border Patrol agents, 31,500 detention beds, and more 
than 12,700 immigration enforcement and detention personnel. 
Additionally, the combined funding in fiscal years 2006, 2007, and 2008 
for border security fencing, infrastructure, and technology is more 
than $2.5 billion.
  Including the funding provided in this bill, since 2004, on a 
bipartisan basis under the leadership of Senators Byrd, Craig, and 
Gregg, Congress will have increased the number of Border Patrol agents 
by 7,000, the number of immigration enforcement personnel by 2,546, and 
the number of detention beds by 13,150.
  The President has threatened to veto this bill because of what he 
considers to be ``excessive'' spending. However, it is not 
``excessive'' when we provide funds to secure our borders. I support 
continued bipartisan efforts to provide funding for real border 
security. We do not yet have the amendment, but I look forward to 
reviewing it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland is recognized.
  Mr. CARDIN. Mr. President, first, I thank Senator Byrd and Senator 
Cochran and the members of the Appropriations Committee for the fine 
work they have done on this 2008 Department of Homeland Security 
appropriations bill.
  As has been pointed out, this will provide $2.2 billion more than the 
President's request for homeland security. I note that it received the 
unanimous support of all members of the committee, and for good reason: 
It is an important investment in the security of our Nation. It 
provides the needed resources so we can deal with the security concerns 
in our own country, whether they be at our airports, seaports, rail 
stations, or in our home communities. That is what we should be doing. 
It should be our highest priority. I congratulate the committee for the 
manner in which it considered this legislation and has brought it 
forward. I urge us to move it forward as rapidly as possible.
  Two weeks ago, Michael Chertoff, the Secretary of the Department of 
Homeland Security, said he had a gut feeling our Nation is at an 
increased risk of a terrorist attack this summer. While I hope his 
warnings would be based on more than a feeling, the National 
Intelligence Estimate released last week supports Secretary Chertoff's 
instincts. Based upon the facts before it, the National Intelligence 
Council judged that ``the U.S. homeland will face a persistent and 
evolving terrorist threat.'' Al-Qaida has ``protected and regenerated 
key elements of its Homeland attack capability'' and is now as strong 
as it was in 2001. The NIE states that ``the United States currently is 
in a heightened threat environment.''
  Based upon that, it is disheartening that while the intelligence 
community is discovering evidence of an increased threat to this 
country, President Bush has recommended cutting funding to grant 
programs that secure our ports, airports, and bolster local law 
enforcement and fire departments around Maryland and our Nation.
  The increased funding in this bill for our port and aviation security 
and first responders will have a profound impact on my State of 
Maryland.
  Let me start with the Port of Baltimore. It is one of our country's 
most important ports and a significant economic engine for our entire 
region, providing more than 33,000 jobs in Maryland and generating $1.5 
billion in revenue every year. It is the Nation's eighth largest port, 
handling about 2,000 ships and 3l million tons of cargo each year.
  With the size of the Port of Baltimore, proximity to Washington, 
workload, and productivity come increased risks. That is why I was a 
strong proponent of the Security and Accountability for Every Port Act 
of 2006, the SAFE Port Act of 2006. This bill authorized more funding 
for programs that are critically important to the security of our 
ports, including risk-based port and cargo security grant programs, the 
development of a long-range ship-tracking system, the development of a 
biometric transportation security card for port workers, and 
development of a system to identify high-risk containers.
  These were all programs that, after hearings in the Congress, we felt 
were critically important to secure our seaports.
  You can imagine my dismay and the distress of the public safety 
officials and emergency planners in Maryland when President Bush, who 
signed the SAFE Port Act, did not propose to fund many of the new 
activities that legislation authorized. I am grateful to the 
Appropriations Committee for recognizing the risk to the Port of 
Baltimore and other ports around the country. It provided the funds so 
we can move forward with those initiatives.
  The bill will provide $15 million above President Bush's request to 
hire additional port security inspectors, conduct vulnerability 
assessments at 10 high-risk ports, and develop a long-range vessel-
tracking system so we can monitor ships as they travel around the 
world.
  Most importantly, this bill provides $400 million in port security 
grants, $190 million above the President's request as authorized--as 
authorized--by the SAFE Port Act of 2006, which the President signed. 
These grants will provide Maryland with critical support to improve 
perimeter fencing, underwater detection capability, and enhanced video 
surveillance systems.
  I am pleased the committee recognizes the importance of the Coast

[[Page 20359]]

Guard's presence at Curtis Bay, MD, and notes it is a ``critical 
component of the Coast Guard's core logistics capability'' and 
``directly supports fleet readiness.''
  The committee further recognizes the vital role the yard has played 
in ``the Coast Guard's readiness and infrastructure for more than 100 
years'' and recommends ``that sufficient industrial work should be 
assigned to the Yard to maintain this capability.'' I agree, and I 
intend to do my best to make sure the committee's recommendations are, 
in fact, followed.
  The bill provides $15 million above President Bush's request to 
address a shortage of Coast Guard boats and qualified personnel to 
allow the Coast Guard to enforce security zones and protect critical 
infrastructure.
  The bill provides $60 million above the President's request for the 
establishment of Coast Guard interagency maritime operational centers 
authorized, again, by the SAFE Port Act of 2006, which will improve 
collection and coordination of intelligence, increase information 
sharing, and unify efforts among Federal, State, and local agencies.
  The bill gives equal attention to transportation security, providing 
$3.7 billion for transportation security improvements, $764 million 
more than the President's request. This funding includes $400 million 
for rail and mass transit security grants, $529 million for explosive 
detection systems, and $41 million for surface transportation security. 
The bill provides the needed funds for passenger and luggage screening.
  These grants will provide much-needed funding to protect airports in 
Maryland and across the Nation. In the past, I have worked with the 
Transportation Security Administration, TSA, to bring the latest high-
tech devices to Baltimore, including state-of-the-art equipment to scan 
baggage and passengers for explosives. I am proud the BWI Thurgood 
Marshall Airport was the first airport in the Nation to have a fully 
federalized screening workforce after the 9/11 terrorist attacks.
  Despite continued threats to aviation security, President Bush sought 
to cut funds to purchase and install explosive detection equipment at 
airports by 17 percent. Once again, I thank the committee for not 
following the President's recommendation in that area.
  This bill provides $66 million for TSA air cargo security, $10 
million above the President's request. When combined with the $80 
million included in the fiscal year 2007 emergency supplemental 
appropriations bill, these funds will put TSA on a path to screen all 
cargo placed on passenger aircraft, and that is what we should be 
doing.

       The bill provides nearly $530 million, almost $90 million 
     above the President's request, to purchase and install 
     explosive detection equipment at airports around the country. 
     We need to do that. We need to have the latest equipment for 
     explosives at our airports.

  I am disappointed the committee was forced to shift $45 million from 
container security to secure pathways, such as airfreight. We should 
not be in a position where we have to make those kinds of choices.
  We must do more to ensure the safety of the Nation's chemical 
facilities. Enhanced security requires strong regulatory standards and 
policies attuned to the risks faced by the communities surrounding such 
facilities. In December 2006, the Bush administration proposed 
regulations to preempt State and local governments from adopting 
stronger chemical security protections than those proposed by the 
Federal Government. While the Federal Government must ensure chemical 
facilities meet minimal safety standards, States must retain the 
ability to set stricter standards to address the unique needs of their 
local communities. This bill ensures the essential ability of States to 
pass and enforce tougher chemical site standards than existing Federal 
standards, and it provides an additional $15 million to help States 
meet those standards.
  Again, I applaud the committee for providing that help. It is very 
important to the area I represent in Maryland, where we have so many 
chemical plants.
  Despite tragically ample proof in the wake of Hurricane Katrina that 
State and local governments were unprepared for a major natural 
disaster or terrorist attack, the President's budget proposes a $1.2 
billion cut in vital homeland security grant programs that provide 
critical support to local law enforcement and firefighting departments.
  I know we all talk about how important these agencies are, our local 
firefighters, our local first responders. The President's budget cuts 
those funds. I am pleased the Appropriations Committee did not follow 
the recommendation of President Bush but instead increased funding by 
$1.8 billion over the President's request for our States and cities to 
improve their ability to respond to attacks and natural disasters.
  These allocations include $560 million for firefighter equipment 
grants, $525 million for State homeland security grants, $275,000 more 
than President Bush's request, and $375 million for law enforcement and 
terrorist prevention grants.
  The committee also provided FEMA with $100 million to rebuild its 
core competencies and improve management. I hope the Agency will make 
wise use of these additional funds.
  Emergency preparedness officials in Maryland are especially happy to 
see increased allocations in FEMA's budget for predisaster mitigation. 
Increased preparedness funding will lead to long-term savings by 
decreasing subsequent damage claims. Most importantly, increased 
preparedness ensures we are ready to keep our people out of harm's way.
  I am pleased the bill contains critical resources to develop and 
implement improved detection and communications technology, improve 
communications, and improve and streamline intelligence-gathering 
agencies. Better technology and intelligence are a critical part of us 
being prepared against threats. We need to do better on intelligence 
gathering, and this bill provides help in doing that.
  Congress can provide resources, but we cannot legislate appropriate 
action by DHS officials. All of us remember with outrage how DHS 
officials placed the Washington, DC, and the New York City metropolitan 
areas in a low-risk category for terrorist attacks or catastrophe. That 
decision was ridiculous. That decision, if it had been allowed to 
stand, would have cost those regions millions of dollars of 
antiterrorist funds and would have had a devastating impact on their 
ability to respond to attacks. Last year, many of DHS's grants were not 
released until December 29, 2006, the day before the end of the fiscal 
year. When the money Congress appropriates sits around in Washington 
for more than 11 months, Americans certainly are not any safer. The 
delay in releasing funds undermines the budget and plans of emergency 
response agencies in all our communities. The appropriations bill will 
penalize DHS for releasing grants late--a reduction of $1,000 per day 
when mandated timelines are not met. Local officials are hamstrung 
waiting for guidance and grant moneys from DHS. Once again, I thank the 
Appropriations Committee for putting that provision in the bill.
  This bill takes other unusual measures, such as requiring the 
Department to submit expenditure plans for key programs to the 
committee for review before funds will be released. We saw the 
devastating results of incompetent management in the disastrous days 
before, during, and after Hurricane Katrina hit the gulf coast in 2005.
  At the beginning of this month, the Washington Post reported the Bush 
administration had failed to fill roughly one-quarter of the top 
leadership posts at DHS, ``creating a `gaping hole' in the nation's 
preparedness for a terrorist attack or other threat.'' These are 
serious problems the administration needs to address immediately.
  Earlier this year, the Senate passed S. 2, a bill implementing many 
of the remaining 9/11 recommendations. Ever since I served on the House 
Select Committee on Homeland Security, I have strongly supported the 9/
11 recommendations that we distribute homeland security money based on 
risk and ``be mindful of threats'' increased

[[Page 20360]]

security measures will pose ``to vital personal and civil liberties.'' 
In other words, put our money where it is needed based on risk 
assessment, but be mindful of civil liberties.
  S. 2 increases the amount of grant money distributed based on risk, 
and it strengthens protections for all our most cherished liberties. I 
hope the Senate will get a chance to pass the conference report to this 
bill before the August recess. I look forward to sending it to 
President Bush for his signature. It nicely complements the 
appropriations bill we are poised to pass in the next day or two.
  Nearly 6 years ago, on a sunny September morning, Americans received 
a terrible wakeup call, telling us we can be attacked here and we need 
to do more to protect ourselves. Congress took that responsibility to 
heart, passing legislation empowering the President to protect our 
Nation.
  I am proud to offer my support for this critical bill. Given the 
current state of our national security and the most recent NIE report, 
it is imperative we pass this bill immediately. There is no time for 
delay.
  Once again, I thank the leadership of the Appropriations Committee 
for bringing this bill forward. It deserves our support. I hope we will 
have a chance to vote on it within the next day or two so this bill can 
become enacted in a timely way to meet the needs of our Nation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. Mr. President, I ask unanimous consent to be recognized 
for up to 10 minutes and then immediately thereafter for my colleague 
on this issue, Senator Nelson, to be recognized for up to 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2400

  Mr. VITTER. Mr. President, I call up the Vitter amendment No. 2400, 
which is at the desk.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending matter?
  Mrs. MURRAY. Mr. President, at this time, I object to setting aside 
the amendment. Certainly, the Senator can speak on the amendment, but 
we are working through the process on the first amendment and are 
unable to, at this point, set it aside. Certainly, he is welcome to 
speak.
  The PRESIDING OFFICER. Objection is heard. The Senator from Louisiana 
is recognized to speak on his amendment.
  Mr. VITTER. Mr. President, that is disappointing because we have been 
in communication with all the floor leaders of this bill to actually 
call up the amendment, but I will certainly proceed to speak on it. It 
is amendment No. 2400, which is at the desk, which would amend the 
Homeland Security Appropriations Act to allow the reasonable 
reimportation of prescription drugs from Canada only.
  I am joined in this very important amendment by Senator Nelson of 
Florida and Senator Stabenow of Michigan, and I thank my colleagues, 
and many other colleagues, who are supportive of this idea. This will 
be a continuation of a very important, very productive policy we began 
last year. Last year, I again joined with Senator Nelson of Florida, 
Senator Stabenow, and many others in coming forward with this specific 
amendment on last year's Homeland Security appropriations bill.
  We had a full and healthy debate on the topic. After that full and 
healthy debate, it passed the Senate floor 68 to 32. After it was 
retained in the conference committee and passed through the House and 
the Senate in the final version of the appropriations bill, this 
amendment and the policy was signed into law. Because of that, we 
effectively ended the practice by Customs and Border Patrol of seizing 
from Americans what are otherwise lawful, safe, prescription drugs that 
happen to be purchased from Canada--drugs which are identical to those 
that can be purchased in the United States.
  Again, Mr. President, I want to make clear to all my colleagues that 
this amendment merely continues the important work we began last year, 
which received a very resoundingly positive vote of the full Senate--68 
to 32. Why do we need to continue that? Well, everybody knows--
everybody who buys prescription drugs, everyone who has an elderly 
parent, grandparent, or aunt whom they are helping in terms of those 
very real needs and costs--we are burdened with sky-high prescription 
drug costs in this country, while virtually the rest of the world pays 
far greater reduced prices for exactly the same prescription drugs. 
That is the system we are trying to break up and break through. That is 
what we are trying to end in order to allow Americans to have access to 
safe and cheaper prescription drugs from Canada, and elsewhere.
  It is very important that we take this step forward to continue the 
policy we started last year, to continue it for this fiscal year, in 
order to allow Americans this opportunity. Again, I want to underscore 
several things, at the risk of repeating myself.
  No. 1, this is a continuation of what we did last year by a vote of 
68 to 32. No. 2, this applies to individuals only, and individual 
amounts of prescription drugs for individual use. We are not talking 
about wholesalers, we are not talking about businesses getting into the 
business of buying from Canada. And, No. 3, this does apply to Canada 
only. We are not talking about any other country.
  Now, let me say straight off that I support much broader and stronger 
reimportation legislation. I have supported that position consistently 
since I came to the Senate and before that while I was in the House, 
and I am very hopeful that I will be successful, working with others on 
this issue, in passing that broader reimportation language this year. 
But in the meantime, this is a very important step forward that we must 
preserve into the next fiscal year.
  Mr. President, I yield the floor and invite Senator Nelson to share 
his remarks.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. NELSON of Florida. Mr. President, I want to discuss this 
bipartisan amendment, which we overwhelmingly passed last year as an 
amendment to the Homeland Security appropriations bill. It basically 
gets at one little thing that we can do to protect against the rising 
cost of prescription drugs.
  At the end of the day, what we are going to have to be able to do, on 
a big program such as Medicare and the Medicare prescription drug 
benefit, we are going to have to give that negotiating power to the 
Federal Government, through Medicare, to negotiate, through bulk 
purchases, the price of the drugs in order to bring them down. Until we 
can get that--and we tried earlier this year and we were not successful 
in getting 60 votes to cut off debate. So until we can get that, we 
have to go at whatever avenue we can.
  One way is to allow citizens to order, through Canadian pharmacies, 
the very same drugs they get from American pharmacies. And it is not 
only the same drug, it is manufactured in the same place--indeed, with 
the same packaging. They can order from Canadian pharmacies where they 
get that drug, in many cases, at half the retail price they are paying 
in pharmacies in the United States. I am talking about not only going 
across the border and bringing it back, but I am talking about also 
being able to order by mail, by telephone, and by the Internet without 
having U.S. Customs intercept and confiscate these packages.
  We went through this whole discussion a year ago, and we pointed out 
the history of this program. We pointed out how Customs had gotten into 
it and were confiscating these packages. Yet the Acting FDA--Food and 
Drug Administration--Commissioner said it wasn't a safety factor if the 
drugs were coming from Canada. I want to underscore Canada. I didn't 
say another country. I said Canada--if the drugs were for the personal 
use of the person ordering the prescriptions, and if they were for a 
limited supply. And they defined that limited supply as 90 days or 
less--3 months. And, of course, that is what a lot of our constituents 
have been doing for years, and getting their prescriptions at less than 
half the cost.
  So we passed that amendment last year overwhelmingly. What happened

[[Page 20361]]

was, the pharmaceutical lobby got hold of it when it got into the 
conference committee with the House and it got watered down so you 
could do it as long as you traveled into Canada and brought the drugs 
back. Well, for somebody who lives in Detroit, maybe that helps them, 
or somebody who lives on the northern end of any of the northern States 
that have a border with Canada, maybe that helps them, but it doesn't 
help our constituents who live elsewhere in the country, particularly 
in a State such as mine, Florida, where they are trying to make 
financial ends meet.
  I recall for the Senate the fact that there are senior citizens in 
America today who cannot afford the cost of their prescriptions and the 
cost of their food as well. They go in and they cut their prescription 
tablets in half, which, of course, does not solve their problem. So 
what we are trying to do is, in one little way here, to get at the cost 
of these drugs to be able to bring them down.
  What we want to do is pass this amendment. If we can get it up for a 
vote, it will pass the Senate. What Senator is going to say to a senior 
citizen: You cannot order prescription drugs from Canada at half the 
price. Every Senator is going to vote for it, and then we will have to 
protect it again when it gets down in the conference committee with the 
House to see that it doesn't get watered down. And we will have to 
protect against the putting in of such limitations as they have in the 
past, saying: Oh, well, the White House will approve this amendment if 
they make it subject to the Secretary of HHS determining that it is 
safe.
  Well, of course, they never make that determination, so, in effect, 
it doesn't ever happen. In point of fact, if you ask these officials 
privately, they will admit that it is safe because it is the same drug, 
made by the same manufacturer, even with the same packaging.
  So Senator Vitter and I will be offering this amendment later, at a 
time that we are allowed under the parliamentary procedure to offer it, 
just as we offered it last year, and I would then encourage the Senate 
to pass it overwhelmingly, just as we did last year.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. Who seeks recognition?
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Menendez). Without objection, it is so 
ordered.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent to speak for 3 
minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Congressional Delegation to Greenland

  Mr. GRASSLEY. Mr. President, I understand we are going to have a 
group of Senators visiting Greenland this weekend to see the effects of 
global warming on glaciers. I am sure they will visit areas where you 
can see icebergs breaking off glaciers, presumably more frequently than 
normal, due to global warming, although this phenomena has always 
occurred to some extent.
  Perhaps these Senators will also visit with local residents, such as 
farmers who have been able to graze their sheep longer during this 
warmer weather that now seems to be there.
  However, I wonder if, for a little historical perspective, the group 
will be visiting the Viking ruins on the southern tip of Greenland. As 
someone interested in history, I think such a visit would be very 
fascinating. I have always believed that we can learn a lot from 
history, so I am sure some value could be found in such an excursion to 
the Viking ruins at the southern tip of Greenland.
  As many of my colleagues may be aware, archeologists have dug through 
the permafrost to excavate the remains of Viking farms, part of 2 major 
settlements that at one time may have had up to 5,000 inhabitants, and 
those settlements, presumably, lasted for over 400 years.
  As we all know, Greenland was first settled by Erik the Red, who 
encouraged fellow Norsemen to join him in colonizing the empty land 
that we call Greenland today. These men grew grain and grazed sheep and 
cows in pastures. They prospered, at least at first, building 
structures like a great hall and a cathedral, as well as homes and 
barns. The remains of about 400 stone structures still exist on 
Greenland.
  For reasons I am not sure are fully understood, sometime around the 
end of the 15th century, the Viking settlement in Greenland 
disappeared. No one knows precisely why the Vikings disappeared from 
Greenland, but it appears from the archeological evidence that life got 
somewhat harder and the climate became cooler and the land more 
difficult to farm, until Greenland could no longer sustain the Viking 
settlements.
  I had an opportunity to be reminded of this as I saw on the Discovery 
Channel this week where they were talking about a small ice age 
overcoming the Northern Hemisphere during the late 1400s, 1500s, and 
1600s. Maybe that had something to do with the Viking settlements 
disappearing from Greenland. But 500 years later, we are able to catch 
a glimpse of what their life must have been like by digging through a 
farm buried in that permafrost on Greenland. Only a little more time 
has passed since the Viking settlements disappeared until today, than 
from the time they were established there in Greenland until they were 
abandoned.
  Contemplating the passage of time over centuries humbles us by 
putting our own short lifespan in historical perspective. It makes us 
realize that God is ultimately in control and the activities of human 
beings today are one tiny part of that divine plan. I think, from time 
to time, we need to reflect that way, which is why I hope my colleagues 
visiting Greenland this weekend have an opportunity to take time out of 
their schedule to visit the Viking ruins.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, I would like to share some thoughts on 
the Graham-Gregg-McConnell amendment that has been offered this morning 
and to support it. It is the Border Security First Act. It includes 
actual funding which would be emergency funding. I think this is 
justified.
  I know my colleague, Senator Gregg, is a former chairman of the 
Budget Committee. He is very astute and alert that we do not abuse 
emergency funding, and he believes this is a justified emergency--and I 
do too. In other words, how much longer can we continue to have 
lawlessness at our borders? This bill would go a long way in fixing 
that. Certainly, every aspect of the bill, I believe, is a positive 
step in returning us to a lawful system of immigration in America.
  One reason actually funding this project, these efforts, through this 
bill and through emergency spending is so important is because we have 
a history of promising things and not doing them. Not this year but 
last year the bill came forward in the Judiciary Committee to 
comprehensively reform immigration. I realized we had a shortage of 
border enforcement officers, Border Patrol, and I offered an amendment 
to do that as part of that authorization bill, that immigration reform 
bill. It was readily accepted.
  I offered an amendment that added bed spaces, and it was readily 
accepted, because I knew we needed more if we were going to be 
effective.
  I offered more funding to train State and local law enforcement. It 
was accepted.
  I offered amendments on fencing which were accepted as well--at least 
some of them. More on the floor were accepted.
  Then I had an insight that hit me. That insight was that when we pass 
an authorization, what occurs is we authorize certain legal changes. 
Those

[[Page 20362]]

legal changes take place at once. For example, the guaranteed path to 
citizenship in that immigration bill--it passed, it became law, it was 
guaranteed, it would happen no matter what. But I realized it was real 
easy for my colleagues to agree to things that involved enforcement 
that required money, real dollars, to carry out because I realized they 
may have no intention of seeing that effort be funded. Or, if they did 
have an intention to see it funded, there are so many steps, hurdles, 
and loopholes to go through before it is ever funded it may never get 
funding because it would have to go through the appropriators and they 
would have to appropriate the money.
  To authorize money for a fence is not to build a fence. That is the 
point. You have to appropriate some money to build a fence. That was 
the gimmick, I believed all along, and that led to a suggestion I made 
about having a trigger. Senator Isakson went into that in some depth 
and offered the amendment to have a trigger. The trigger said: Before 
any of these other law changes about amnesty or legalization of those 
here illegally could occur, some other things had to happen first. If 
you didn't spend the money on the others, this would never happen. 
There was a trigger. That was a good idea, it was. It dealt with the 
problem we were dealing with.
  There is cynicism that is out there because of what happened in 1986. 
Let's be honest about it, what happened in 1986 was amnesty occurred. 
They didn't deny it was amnesty. They were giving people legal 
residence and path to citizenship in 1986. But they promised to do the 
things necessary to create a lawful system in the future and that it 
would not happen again. Three million people in 1986 were provided 
amnesty. But as we all know, the promises were never fulfilled. We did 
not create a lawful system of immigration. We did not do the things 
necessary to enforce our laws at the border. As a result of that, we 
now have 12 million people illegally in our country. Right? That is 
what happened. There is no mystery about this. This is actually fact.
  We had this bill that came up, the so-called comprehensive reform 
bill. I absolutely believe it did not get us there. That is why I 
opposed it. I made up my mind I was not going to participate in a 
legislative process that would tell our people of America, and my 
constituents, we were going to create a lawful system in the future, if 
we were not going to do it. That is why a number of people suggested we 
should have a border security first bill. That is what the House of 
Representatives said last year. They said they were not even going to 
consider our bill because they believed we ought to prove to the 
American people we could create a lawful system of immigration first.
  In this amendment, Senator Gregg and Senator Graham and Senator Kyl 
and McConnell--many of those who had supported the comprehensive 
reform--are saying let's get some credibility with the American people. 
I thank them for that. I believe this is a step in the right direction.
  Senator Graham and Senator Gregg--we discussed it recently with 
members of the press and they made the point: The American people want 
to see we are serious about what we promise first. That is why they 
support that.
  For example, this legislation would fund 23,000 border agents. The 
bill that is on the floor today, the basic Homeland Security bill, 
would fund a little less than 18,000 agents. We need more agents. We 
have to get to that tipping point. We don't need a whole unlimited 
number of agents. In my opinion, somebody who has been involved in law 
enforcement most of my career, I believe we can get to a point where 
the word is out worldwide that our borders are not wide open, and if 
you come to the United States, you are likely going to be caught, 
unless you come legally. If we do, we could see a substantial reduction 
in the number of people attempting to come here illegally. But we have 
to get other agents out there to get to that point--so 23,000 would 
help a lot. It is more than this bill has in it.
  Another thing you have to have is detention beds. In other words, if 
you arrest someone for illegally entering our country, if you are in a 
position where they are released on a promise to come back for some 
proceeding because you do not have a prison bed, a detention bed in 
which to put them, they do not show up. We have examples of the catch-
and-release policy, where 95 percent of the people released on bail on 
a promise to come back for their hearing didn't show up--surprise, 
surprise. They were willing to come to the country illegally. Who 
thinks they are going to show up legally to be deported? How silly is 
that? It was an indication to me and the American people that this 
Government was not serious about immigration. We were not serious. Any 
government that allows such a silly, worthless, no-good policy as that 
is not serious about it.
  So this bill would add detention beds. The underlying bill is at 
31,000. This would take us to 45,000. Hopefully, that will take us to 
that tipping point, so then we can say to a person who has been 
apprehended: We are not going to release you, we are going to hold you 
until you are deported. Sometimes it is difficult, if they are from 
foreign countries, distant countries, not our border countries, to get 
them back to their countries. It takes some time to get a plane or a 
boat to ship them out.
  Another thing that is a part of this--certainly, if we are serious 
about immigration, one of the things we want to do is welcome 
legitimate help from our State and local law enforcement agencies. 
There are only a few thousand Federal immigration agents inside the 
United States--not at the border, I mean inside the United States. 
There are 600,000-plus State and local law enforcement agents. They 
basically have been blocked from being able to participate in any way.
  There is, however, a program called a 287(g) provision that gives 
training to State and local officers so they don't mess up, and they 
treat everybody exactly properly and help in an effective way to 
partner with Federal officers to enforce immigration laws.
  If you don't want immigration laws enforced, you don't want the 
600,000 State and local law officers participating. See? If you don't 
want the law enforced, you don't want these people to participate in 
any way because right now we only have several thousand Federal 
agents--not on the border, inside the whole United States of America. 
The only people we can rely on would be voluntary State and local 
support.
  What we learned in Alabama, my home State, we trained 60 State 
troopers in this program. It took far too long, in my view. The State 
had to pay their salaries. It cost the State of Alabama $120,000 to be 
a partner with the Federal Government to enforce laws that they have 
authority to enforce--but to enforce laws of the Federal Government on 
an issue, immigration, that should be primarily a Federal 
responsibility.
  This bill, the amendment that was offered, this border security first 
amendment, would provide some grant programs to enable more States to 
participate in this program.
  It also funds--actually puts the money out to fund the fence. We have 
had a half dozen votes on the fence, and it has still not been built. 
They are building some now, they say. They are doing some. But it is 
still not on track to be completed, and it is not funded according to 
what we voted. We voted to build 700 miles of fencing. The underlying 
legislation, this appropriations bill, only funds 370 miles. That is 
not what we voted to do.
  You see what I am saying? It is one thing to authorize and vote to do 
something. We all go back home and we are so proud: I voted to build a 
fence. But nobody ever comes around to provide the money to actually do 
it. So this bill would fund that.
  On the question of our local facilities to apprehend people for 
serious crimes, people who are in the country illegally, who are 
subject to being deported as soon as they are released from jail 
occurs--under current law, that is not working well at all.
  This bill would allow local facilities, detention facilities, to 
detain them for up to 14 days, to give the Federal Government the right 
to do that, to get

[[Page 20363]]

them deported, as they should be, if they committed felonies in the 
United States.
  Last September, 80 Senators voted to build 700 miles of fencing along 
our border. Ninety-four Senators voted for the amendment I offered for 
$1.8 billion to be appropriated. It eventually got reduced in 
conference to $1.2 billion to build the fence we said we were going to 
build. This bill, the underlying bill, calls for an additional $1 
billion toward construction of the fencing. But that is not enough. The 
Gregg-Graham-Kyl amendment would provide the money sufficient to do 
that and get us on the right track.
  I will mention briefly a couple of other things in the legislation 
that I strongly favor. Senator Graham has advocated previously that we 
need to have penalties for people who come back into the country 
illegally. I mean, how silly is it to have persons enter the country 
illegally, you apprehend them, you do not prosecute them, you do not 
put them in jail--you could, because it is a crime--and you deport 
them, and here they are the next week, or even the next day coming back 
into the country. You have got to, at some point, if you are serious 
about law, have a penalty extracted.
  So this bill would require penalties for people who reenter a second 
time, at least, in our country illegally. Certainly that is a good 
step, but it is not happening today. There is a deal going on among 
certain judges, and it has gotten to be a real problem for our 
immigration enforcement system. That is, local State judges, if they 
have an individual who is about to be deported, often will cut the 
sentence and not make it the required sentence, and that would obviate 
their deportation from the country for being convicted of a felony. 
This would keep judges from going back and manipulating the criminal 
justice system to try to prevent a result that should naturally occur 
in the future.
  It has institutional removal program funding. This is important as a 
practical matter. It does not work to wait until a person has completed 
their jail time for a serious criminal offense, and then have the 
Federal Government start up a proposal to deport them. They run away; 
they do not show up to be deported. It is so obvious that that is 
happening. So we have a program, the institutional removal program, 
that does allow the Federal Government to take those people before they 
are released from jail and do the paperwork and commence the hearing so 
at the time of their departure, they are released into State prison for 
the serious offense they have committed, they would directly be 
deported. That only makes sense. We are doing some of that now, and 
this bill would provide extra money for that.
  In every aspect of the legislation, it is a step in the right 
direction. It does not get us there if the executive branch or if the 
Government does not want to enforce these laws. It does not get us 
there if the House or conferees fail to put this money in the bill. 
There are still a lot of loopholes. We should not pat ourselves on the 
back. But these are all critical steps toward creating a lawful 
immigration system. If we can do that and regain some confidence among 
the American people, we will be able to talk about many more of the 
issues in favor of that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Georgia is recognized.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the pending 
amendment be set aside and that amendment No. 2392, the Isakson-
Chambliss amendment, be called forward.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Washington.
  Mrs. MURRAY. Mr. President, I regretfully inform the Senator at this 
point we are not setting aside amendments until we have disposed of or 
determined how we are going to dispose of some of the other amendments 
that are in front of us. I would be happy to let the Senator speak on 
the amendment at this time. We are going to object until we have a way 
to proceed forward with the amendments that have been offered.
  The PRESIDING OFFICER. Objection is heard.
  Mr. ISAKSON. Mr. President, I thank the Senator from Washington. I 
ask unanimous consent--I am going to speak briefly--Senator Chambliss 
be allowed to speak immediately after me.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2392

  Mr. ISAKSON. Mr. President, I associate myself with the remarks that 
I have been able to hear this morning by Senator Gregg, Senator 
Sessions, Senator Graham, and others. I rise to bring forward--I cannot 
bring it forward because they will not let me call it up, but at least 
talk about amendment 2392 offered by myself and Senator Chambliss from 
Georgia. To that end, I ask unanimous consent to have printed in the 
Record our joint letters--Senator Chambliss and my joint letters--of 
June 12 and July 12.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. ISAKSON. Mr. President, the reason I entered these two letters is 
they reflect precisely what the amendment does. The amendment offered 
is a sense-of-the-Senate amendment. It is the sense of the Senate that 
expresses the following: This is a team sport. It takes the executive 
and the legislative branch to get our Nation secured, our homeland 
security, and in this case, our borders secured. The letters I 
submitted by Senator Chambliss and myself are letters to the President 
of the United States--one submitted during the debate on immigration, 
one submitted 2 weeks following the debate on immigration--asking the 
President of the United States to send an emergency supplemental to the 
floor of the House and Senate to fund all of the border security 
measures we have passed, such as the fence bill, which we authorized 
last year, and the five key provisions of the immigration bill that 
were lost that deal with border security. That is Border Patrol agents; 
the unmanned aerial vehicles and ground positioning radar; it is 
detention facilities; and, most importantly, most importantly, it is 
the biometrical secure ID which gives you the redundancy to see to it 
that we finally stop the forged document business, close the border, 
remove the attractive nuisance to come to America, and motivate people 
to go back and come in the right way and the legal way.
  Some may say, well, an emergency supplemental is not the way to go. I 
would submit it is the only way to go. If anybody doesn't think this is 
an emergency, I don't know about your phone system, but mine broke down 
with the volume of calls we had last month. The Senate broke down with 
the volume of calls and the weight and the complexity of this issue. 
But, most importantly of all, we broke down because the people of the 
United States do not have the confidence in this Congress or the 
President that they will secure the border.
  There is no question that this country needs an immigration policy 
system that works for high skilled, moderately skilled and lower 
skilled. There is no question that we need to review our entire 
immigration system. There is no question it needs fixing. But there is 
equally no question that is never going to take place until the 
American people feel we have secured the homeland and, in particular, 
have secured the border to the South with Mexico.
  We know what it takes to do it. It is delineated in the bill that was 
on the floor of the Senate a month ago. We know what it takes to do it. 
We know how to do it. In fact, in the last year, we developed an entire 
new system of building fences that has allowed us to accelerate barrier 
construction along the border. It is being done right now at San Luis, 
between San Luis and Yuma, AZ. I have been there and seen it. It speeds 
up the system, and it is foolproof. It gets the redundancy we need in 
our security system to make it work.
  I am not asking the Senate to do anything I have not asked the 
President of the United States to do. I think every day we wait is a 
serious mistake. We know it will take a minimum of 24 months to do the 
biometric ID, train

[[Page 20364]]

the number of Border Patrol officers we need to add, build the 30,000 
detention cells, put the unmanned aerial vehicles in the sky, and get 
the ground positioning radar and ground sensor systems in. We know it 
is going to take 24 months. But it is going to take 24 months from when 
we finally have the political courage and will to fund the money. The 
only way to ensure that is for us to join hands with the President, 
pass a singular bill without any other subject on it, that appropriates 
the emergency funds necessary to accomplish those things.
  It is not complicated, and I do not think it should be controversial. 
It is my hope when the majority reads this amendment and decides on 
whatever their posturing would be on this bill, that they understand 
this is a clear, concise message that a unanimous Senate should send to 
the President of the United States to see to it that we start that 24-
month clock by funding the money and appropriating it and getting the 
job done. This issue is too critical; it is too important. It is job 
one and we must do it now.

                               Exhibit 1


                                                  U.S. Senate,

                                    Washington, DC, June 12, 2007.
     President George W. Bush,
     The White House,
     Washington, DC.
       Dear Mr. President: Although the Senate's effort to reform 
     our nation's immigration laws through the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007 is 
     stalled, illegal immigration remains our nation's number one 
     domestic issue. We therefore believe it is incumbent upon us 
     and our colleagues to tackle this issue and not leave this 
     problem for future generations to solve.
       As we travel around Georgia and continue to hear from our 
     constituents, the message from a majority of Georgians is 
     that they have no trust that the United States Government 
     will enforce the laws contained in this new legislation and 
     secure the border first. This lack of trust is rooted in the 
     mistakes made in 1986 and the continued chaos surrounding our 
     immigration laws. Understandably, the lack of credibility the 
     federal government has on this issue gives merit to the 
     skepticism of many about future immigration reform.
       We believe the way to build greater support for immigration 
     reform in the United States Senate and among the American 
     public is to regain the trust in the ability of the federal 
     government to responsibly administer immigration programs and 
     enforce immigration laws. There is bipartisan agreement that 
     we need to secure our borders first, and we believe this 
     approach will serve as a platform towards addressing the 
     other issues surrounding immigration reform.
       To that end, we believe that you and your administration 
     could alleviate many of the fears of our constituents by 
     calling for an emergency supplemental bill to fully fund the 
     border and interior security initiatives contained in 
     legislation currently pending in the Senate, as well as any 
     outstanding existing authorizations. Such a move would show 
     your commitment to securing the border first and to stopping 
     the flow of illegal immigrants and drugs into our nation. It 
     will also work towards restoring the credibility of the 
     federal government on this critical issue.
       We urge you to carefully consider this request, and thank 
     you for the opportunity to express the views of the people of 
     Georgia on this matter.
           Sincerely,
     Saxby Chambliss,
       Senator.
     Johnny Isakson,
       Senator.
                                  ____



                                                  U.S. Senate,

                                    Washington, DC, July 12, 2007.
     President George W. Bush,
     The White House,
     Washington, DC.
       Dear Mr. President: On June 12, 2007, we wrote to you 
     regarding our commitment to securing our nation's borders and 
     suggesting a way forward on comprehensive immigration reform. 
     Now that the Senate has again rejected the comprehensive 
     approach embodied in the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, we want to underscore our 
     belief that illegal immigration remains our nation's top 
     domestic issue. Although the Senate has turned its attention 
     to other legislative priorities, the American public, who 
     daily encounters the effects of our current failed 
     immigration system, has not forgotten the duty we have, as 
     their federal representatives, to address the issue of 
     illegal immigration.
       Many Americans from across the nation have become engaged 
     in this issue, and shared with us their wide ranging and 
     passionate opinions on how we can reform our immigration 
     system. While there is no consensus on the best approach to 
     comprehensive immigration reform, there is near unanimity in 
     the belief that we should secure our borders first. We 
     sincerely believe the greatest obstacle we face with the 
     American people on the issue of immigration reform is trust. 
     The government's past failures to uphold and enforce our 
     immigration laws have eroded respect for those laws and 
     eliminated the faith of the American people in the ability of 
     the government to responsibly administer immigration 
     programs.
       We believe there is a clear way to regain the trust of the 
     American public in the competency of the federal government 
     to enforce our immigration laws and manage our immigration 
     system: We should prove our abilities with actions rather 
     than make promises. To that end, we believe that you and your 
     administration could alleviate many of the fears of our 
     constituents by calling for an emergency supplemental bill to 
     fully fund the border and interior security initiatives 
     contained in the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, as well as any outstanding 
     existing authorizations. Such a move would show your 
     commitment to securing the border first, stopping the flow of 
     illegal immigrants and drugs into our nation, and creating a 
     tamper-proof biometric identification card for foreign 
     workers. It will also work towards restoring the credibility 
     of the federal government on this critical issue.
       We urge you to carefully consider this request, and thank 
     you for the opportunity to express the views of the people of 
     Georgia on this matter.
           Sincerely,
     Saxby Chambliss,
       Senator.
     Johnny Isakson,
       Senator.
                                  ____

  The PRESIDING OFFICER. The Senator from Georgia.


                           Amendment No. 2392

  Mr. CHAMBLISS. Mr. President, first, I associate myself with the 
remarks of my good friend and my colleague from Georgia relative to 
this particular amendment. He is dead on target. We have been there for 
2 years now encouraging this border security issue, that it be brought 
forward to the forefront on this issue of immigration. We are going to 
continue to pound at this until it is, in fact, realized by Congress 
and the administration and something is done.
  I also associate myself with the remarks of my good friend from 
Alabama, Senator Sessions, along with Senator Gregg and Senator Graham. 
This problem relative to illegal immigration was debated here 
thoroughly in the halls of the Senate a year ago as well as last month. 
Unfortunately, we have not come to any conclusion as to any part of 
this issue. The problem has not gone away. So I rise today to discuss 
amendment No. 2392, which is an amendment Senator Isakson and I have 
offered regarding the need for emergency spending to secure the borders 
of the United States.
  Since September 11, our local, State, and Federal law enforcement 
officials have taken great strides to make communities, air and water 
ports, cities, and national landmarks safer and more secure. I think it 
is a credit to this administration, as well as to the Congress, that we 
have not suffered another attack domestically since September 11. But 
we must continue to be vigilant. One part of that is securing our 
borders. We have improved our information-sharing capabilities between 
Federal and local first responders and law enforcement officials.
  Within our intelligence community--the CIA, the FBI, NSA--we have 
also increased our information-sharing capabilities -both vertically 
within each agency and horizontally with each other.
  Since the inception of our global war on terrorism, we have made 
numerous arrests, disrupted al-Qaida communication and planning 
capabilities, prevented and foiled potential terror attacks, broken up 
sleeper cells, and captured members of al-Qaida's top leadership.
  When it comes to our national security, terrorists only have to get 
it right once. We have to get it right every single time. None of us 
can afford to take our safety and our freedom for granted. Much more 
still needs to be done, But there is no doubt about it, we are winning 
the war on terrorism.
  On June 28, 2007, the Senate, by a vote of 46 to 53, rejected cloture 
on a bill to provide for comprehensive immigration reform. However, 
illegal immigration remains as a top domestic issue in the United 
States. The American people continue to encounter the

[[Page 20365]]

effects of our failed immigration system on a daily basis. They have 
not forgotten the duty of Congress and the President to address this 
issue of illegal immigration and the security of the international 
borders of the United States. This amendment will help remind the 
President and Congress that the problem of illegal immigration is still 
with us. There is no consensus on the best overall approach to 
comprehensive immigration reform, but I believe, and many Americans do 
as well, that the first step is funding the necessary tools to defend 
our country. The Federal Government has the responsibility to, and 
immediately should, secure the borders of the United States.
  Even with our best efforts, illegal entry into the United States 
remains a vast problem that is getting more and more out of control. 
This is a security breach we must address. We must commit the 
sufficient money for our border security agencies, including Customs 
and Border Patrol, Immigration and Customs Enforcement, as well as the 
National Guard currently on our borders through Operation Jump Start.
  Many Americans from across the Nation have become engaged in this 
issue and shared with me their wide-ranging and passionate opinions on 
how we can secure our borders and resolve our illegal immigration 
crisis.
  I sincerely believe the greatest obstacle this body faces with the 
American people on the issue of border security and immigration reform 
is trust. The Federal Government's lack of action to uphold and enforce 
our immigration laws and secure our borders has eroded respect for 
those laws and eliminated the faith of the American people in the 
ability of the Government to responsibly administer immigration 
programs and protect our citizenry.
  I believe there is a clear way to regain the trust of the American 
people in the ability of the Federal Government to enforce our 
immigration laws and secure our borders. We should prove our abilities 
with actions rather than continuing to make promises.
  To that end, Senator Isakson and I believe the President could 
alleviate many of the fears of our constituents and other great 
citizens of America by calling for an emergency supplemental bill to 
fully fund the border and interior security initiatives contained in 
the Secure Borders, Economic Opportunity and Immigration Reform Act of 
2007, as well as any outstanding existing authorizations.
  Such a move would show his commitment to securing the border first, 
stopping the flow of illegal immigrants and drugs into this country, 
and creating a tamper proof biometric identification card for foreign 
workers who are here legally. It will also work toward restoring the 
credibility of the Federal Government on this very critical issue. 
Frankly, Congress has not done a very good job of addressing this issue 
for about two decades. It is imperative that we find and implement a 
solution quickly. This is a national security emergency which must be 
addressed immediately. I certainly do not have all of the answers, but 
I do know that, first and foremost, what we have to do is secure the 
borders. This is where the problem originates, and this is where it 
must be halted. If we don't secure our borders, then nothing else we do 
relative to immigration reform or national security will really matter.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I rise to join my colleagues in support of 
the Graham amendment, of which I am pleased to be a cosponsor, and to 
provide my colleagues some information I found particularly revealing 
in the form of a four-part series in my hometown newspaper, the San 
Antonio Express News, written in May of 2007. The author of the series, 
a reporter by the name of Todd Bensman, chronicles the movement of an 
Iraqi individual from Damascus, Syria, to Detroit, MI. It is 
particularly instructive, as we are contemplating this amendment and 
the importance of funding border security measures, that this kind of 
information be brought to the attention of the Senate.
  I ask unanimous consent to have the first of the four-part article 
from MySA.com entitled ``Breaching America: War refugees or threats?'' 
printed in the Record at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. CORNYN. Mr. Bensman, in this article, found the following in his 
investigation, and I will summarize. More than 5,700 illegal immigrants 
from 43 countries with majority Muslim populations, including state 
sponsors of terror, have been caught while traveling over the Canadian 
and Mexican border along well-established underground smuggling routes 
since 9/11, a traffic that continues today. Mr. Bensman estimates 
between 20,000 and 60,000 of these so-called special interest aliens, 
by virtue of their country of origin being countries where terrorism 
is, unfortunately, alive and well or because they are state sponsors of 
international terrorism, have gotten through without being caught since 
9/11. These migrants, although relatively small in total numbers, are 
high risk because they hail from countries where American troops are 
actively battling Islamic insurgents, nations where radical Islamic 
organizations have bombed U.S. interests or murdered Americans. 
Unguarded U.S. borders are most certainly in the terrorists' playbooks 
as a means of entering the country. Since the late 1990s, at least a 
dozen confirmed terrorists have sneaked over U.S. borders, including 
operatives from Hezbollah, Hamas, Tamil Tigers, and one al-Qaida 
terrorist once No. 27 on the FBI's most wanted terrorist list.
  On the U.S. side of the border, the FBI is supposed to interrogate 
and conduct a threat assessment and interrogations on every captured 
special interest alien, but the process is severely flawed and open to 
error. Often, the FBI signs off on captured special interest aliens, 
allowing them access to the political asylum process without 
conclusively knowing whether they are or are not associated with 
terrorist organizations. Furthermore, Border Patrol agents are simply 
using expedited removal processes to kick special interest aliens back 
over the border into Mexico, where they will certainly try to cross 
again, with no investigation and no FBI referral whatsoever.
  This series of articles published in the San Antonio Express News 
will be an eye-opener for the people of this country.
  Frankly, those of us who are Members of the Senate have the privilege 
of having classified briefings from time to time. Of course, we cannot 
talk about that intelligence information on which we are briefed behind 
closed doors. But here in the public domain are the results of Mr. 
Bensman's investigation in chilling detail, chronicling the movement of 
an individual from Damascus, Syria, to Detroit, MI, via Moscow, Havana, 
into Guatemala, and then up through Mexico's southern border and into 
the United States.
  I have met with Border Patrol agents. Perhaps the current occupant of 
the chair and others have had the same experience I have. I asked them, 
out of the 1.1 or the 1.3 million people we actually detain coming 
across our southern border, for every person we detain, how many people 
do you think get across? I have heard estimates ranging from detaining 
maybe one out of every three to one out of every four. The truth is, 
nobody knows for sure who gets away. We do know that people who are 
detained and returned across the border likely try again. So it is hard 
to get good information.
  This is not a matter of solely economic migrants coming from Mexico 
or Central or South America into the United States. The truth is, 
Central America and Mexico are a land bridge into the United States for 
anybody anywhere around the world who wants to come here, anybody who 
has the money to pay the human smugglers to get them here. Obviously, 
these could be individuals who want to work and who want nothing but a 
better life--what we all have and want in America--but it can also be 
very dangerous people who want to do us harm. That is the reason this 
funding, this emergency funding for border security, is so important.

[[Page 20366]]

  It is also important that we begin to regain the lost public 
confidence that the Federal Government can actually deliver on its 
promises. We have been telling people for a long time how important it 
is in a post-9/11 world to know who is coming into our country and why 
people are coming here. Recognizing that if there is a way to separate 
the economic migrants and to create an immigration system that would 
give people an opportunity through legal immigration to come to the 
United States on a controlled basis, it will then allow law enforcement 
agencies an effort to target those who are common criminals, drug 
dealers or, indeed, terrorists or special interest aliens from state 
sponsors of terrorism.
  We were reminded again about the dangers from our porous borders 
when, on Monday, officials with Immigration and Customs Enforcement 
announced that they had arrested more than 100 gang members in Texas. 
These 121 suspects represent 27 different gangs, including the 
notorious Mexican Mafia and MS-13. Of course, MS-13 is the ultraviolent 
Central American gang that has come into the United States through our 
broken borders. More than half of these gang members had criminal 
charges against them, and nearly half of them were arrested on 
administrative and immigration-related charges. So we see time and time 
again, as most recently as the daily newspaper, what the threat is. Yet 
Congress continues to do not nearly enough to fix it.
  This amendment gives us an opportunity to fix the problem at the 
border. It is not just at the border. We need to deal with our broken 
immigration system because roughly 45 percent of the people who are 
illegally present in the country today in violation of our immigration 
laws came in on a legal visa but simply overstayed and melted into the 
vast American landscape. So we have to, as this amendment does, make 
sure we find ways to police visa overstayers. We need to make sure we 
continue to work on document fraud and identity theft that makes it 
hard for even good faith employers to determine the legal eligibility 
of prospective employees to work in America. This amendment is the 
first big step toward regaining the public's confidence again and 
demonstrating that we are actually serious about delivering on our 
promises, not engaged in overpromising but underdelivering, as we have 
in the past.
  I will be offering at a later time some amendments myself. Coming 
from a border State with 1,600 miles of common border with Mexico, this 
is a personal issue to many of my constituents, particularly. While 
some, such as the Senator from Alabama, Mr. Sessions, believe strongly 
in the need for more fencing along the border, it is controversial 
along the border in south Texas. I have worked with those local 
officials and property owners. We have two amendments I will be talking 
more about later. The consultations we have conducted have been useful 
in coming up with creative ways to accomplish the nonnegotiable goal of 
border security.
  I noticed most of the property abutting the Rio Grande River is 
private property. I am not sure the Border Patrol or the Department of 
Homeland Security has really thought through the fencing idea and what 
it would mean to condemn through eminent domain proceedings private 
property along the border in Texas. I am informed that in Arizona and 
other places, much of the property along the border is already owned by 
the Federal Government, so we don't have that issue. But I have found 
in Texas, this is a controversial issue.
  I have been pleased to work with my colleague, Senator Hutchison, to 
make sure that in this amendment and in every opportunity, we have 
insisted upon consultation with local elected officials and property 
owners to achieve the most effective means of border security, 
recognizing that result is nonnegotiable but how we get there should be 
the subject of consultation and negotiation.
  Getting back to the private property issue, one of my amendments will 
ask the Department of Homeland Security to produce a report talking 
about the impact on border security due to the fact that much of the 
property, for example, in Texas is private property and asking them to 
come back and tell Congress so we can make more intelligent decisions 
about how to effectively use the taxpayers' money to accomplish that 
nonnegotiable goal of border security, given the fact that a lot of 
that property is private property and would require, if fencing was 
going to be built on it, that some sort of eminent domain proceeding 
would go forward. Obviously, the ranking member of the Appropriations 
Committee, the Senator from Mississippi, and the chairman of the 
Appropriations Committee would want to know whether the Federal 
taxpayer is going to be asked to pay just compensation for eminent 
domain proceedings if, in fact, those were contemplated.
  There is a lot of beneficial discussion going on as we talk about 
this with local officials and others. For example, on my many visits to 
the U.S.-Mexico border in Texas, I have heard local law enforcement 
officials and the Border Patrol talk about the problems caused by an 
invasive plant commonly called Carrizo cane. Carrizo cane, as it turns 
out, grows so big and so fast that not even the night-vision technology 
used by Border Patrol agents can penetrate the Carrizo cane. It serves 
as a safe haven for human smugglers and common criminals along the 
border. If the Federal Government could work with local officials and 
local property owners to eradicate Carrizo cane, this robust perennial 
grass that can grow to a height of 20 to 30 feet, multistemmed clumps 
that resemble bamboo and forms large colonies, it would enhance the 
natural barrier the Rio Grande River already provides in many places 
along the border. Thus, it would also assist the local Border Patrol 
agents by providing a clear line of sight and ready access to areas 
that are currently not available to them because of the dense growth of 
this Carrizo cane.
  I am pleased to say the Border Patrol has taken the suggestion and is 
talking to local officials and property owners. This shows some real 
promise. But it demonstrates what happens when you have local officials 
and people who live in the community talking to Federal officials 
trying to come up with a solution to a common problem.
  Now, when the Federal Government--folks operating in the Beltway--
decide they have a better idea, and they do not care what local and 
State officials think about it, well, usually that creates a lot of 
conflict and it also creates a less perfect solution and maybe not a 
solution at all.
  So I will be offering that Carrizo cane amendment as well as another 
amendment which would require a report by the Department of Homeland 
Security on the impact of border security measures on private property 
owners along the Rio Grande River a little later on.
  But I close by saying the threat posed by common criminals--as a 
result of our broken borders--to drug dealers is very real. As Mr. 
Bensman's article points out, the access through our broken borders to 
virtually anybody in the world who has enough money to pay the 
smugglers to get them in is an open door to people whom we prefer not 
come here; namely, people who come from countries that are state 
sponsors of international terror and, perhaps, people with the goals of 
harming innocent Americans, taking advantage of the same broken borders 
that yield access to economic migrants.

                               Exhibit 1

                  [From the San Antonio Express-News]

              Breaching America: War Refugees or Threats?

                           (By Todd Bensman)

       Damascus, Syria.--Al Nawateer restaurant is a place where 
     dreams are bartered and secrets are kept.
       Dining areas partitioned by thickets of crawling vines and 
     knee-high concrete fountains offer privacy from informants 
     and agents of the Mukhabarat secret police.
       The Mukhabarat try to monitor the hundreds of thousands of 
     Iraq war refugees in this ancient city, where clandestine 
     human smuggling rings have sprung up to help refugees move 
     on--often to the United States.
       But the refugees who frequent Al Nawateer, gathering around 
     Table 75 or sitting alone in a corner, are undaunted, willing 
     to risk everything to meet a smuggler.

[[Page 20367]]

     They come to be solicited by someone who, for the right 
     price, will help them obtain visas from the sometimes 
     bribery-greased consulates of nations adversarial or 
     indifferent to American security concerns.
       The deals cut at places like Al Nawateer could affect you. 
     Americans from San Antonio to Detroit might find themselves 
     living among immigrants from Islamic countries who have come 
     to America with darker pursuits than escaping war or starting 
     a new life.
       U.S.-bound illicit travel from Islamic countries, which 
     started long before 9-11 and includes some reputed 
     terrorists, has gained momentum and worried counterterrorism 
     officials as smugglers exploit 2 million Iraq war refugees. 
     The irony is that the war America started to make itself 
     safer has forced more people regarded as security threats 
     toward its borders.
       A stark reminder of U.S. vulnerability at home came this 
     month when six foreign-born Muslims, three of whom had 
     entered the country illegally, were arrested and accused of 
     plotting to attack the Army's Fort Dix in New Jersey.
       What might have happened there is sure to stoke the debate 
     in Congress, which this week will take up border security and 
     immigration reform. But the Iraqi refugee problem provides a 
     twist on the question of what assurances America owes itself 
     in uncertain times: What do we owe Iraqis thrown into chaos 
     by the war?
       Politically, immigration can be a faceless issue. But 
     beyond the rhetoric, the lives of real people hang in the 
     balance. A relatively small but politically significant 
     number are from Islamic countries, raising the specter, some 
     officials say, of terrorists at the gate.
       For those few, the long journey to America starts at places 
     like Al Nawateer.
       The restaurant's reputation as a meeting place is what drew 
     Aamr Bahnan Boles.
       Night after night, Boles, a lanky 24-year-old, sat alone 
     eating grilled chicken and tabouli in shadows cast by Al 
     Nawateer's profusion of hanging lanterns: Boles always came 
     packing the $5,000 stake his father had given him when he 
     fled Iraq.
       Boles was ordering his meal after another backbreaking day 
     working a steam iron at one of the area's many basement-level 
     garment shops when he noticed a Syrian man loitering near his 
     table. The Syrian appeared to be listening intently. He was 
     of average build and wearing a collared shirt. Boles guessed, 
     he was about 35 years old.
       When the waiter walked away, the Syrian approached Boles, 
     leaned over the cheap plastic table and spoke softly. He 
     introduced himself as Abu Nabil, a common street nickname 
     revealing nothing.
       ``I noticed your accent,'' the Syrian said politely. ``Are 
     you from Iraq?''
       Boles nodded.
       ``I could help you if you want to leave,'' the Syrian said. 
     ``Just tell me when and where. I can get you wherever you 
     want to go.''
       For an instant, Boles hesitated. Was the Syrian a 
     Mukhabarat agent plotting to take his money and send him back 
     to Iraq? Was he a con artist who would deliver nothing in 
     return for a man's money?
       ``I want to go to the USA,'' Boles blurted.
       ``It can be done,'' said the Syrian. But it wouldn't be 
     cheap, he warned. The cost might be as high as $10,000.
       Hedging against a con, Boles said he didn't have that kind 
     of money.
       The Syrian told him there was a bargain-basement way of 
     getting to America. For $750, he could get Boles a visitor's 
     visa from the government of Guatemala in neighboring Jordan.
       ``After that you're on your own,'' the Syrian said. ``But 
     it's easy. You fly to Moscow, then Cuba and from there to 
     Guatemala.''
       The implication was obvious. The Syrian would help Boles 
     get within striking distance of the U.S. border. The rest was 
     up to him.
       Boles knew it wouldn't be easy or quick: Not until a year 
     later in-fact, in the-darkness just before dawn on April 29, 
     2006, would he finally swim across the Rio Grande on an inner 
     tube and clamber up the Texas riverbank 40 miles west of 
     Brownsville.
       But Boles was undaunted. He cut a deal with the Syrian, 
     setting in motion a journey into the vortex of a little-known 
     American strategy in the war on terror: stopping people like 
     him from stealing over the border.


                          River of immigrants

       Near the tiny Texas community of Los Indios, the Rio Grande 
     is deep, placid and seemingly of little consequence.
       But its northern bank is rigged with motion sensors that 
     U.S. Border Patrol agents monitor closely, swarming whenever 
     the sensors are tripped:
       Here and all along the river, an abstract concept becomes 
     real. America's border with Mexico isn't simply a political 
     issue or security concern. It is a living body of water, 
     surprisingly narrow, with one nation abutting its greenish-
     brown waters from the north and another from the south.
       Since 9-11, the U.S. government has made guarding the 
     1,952-mile Mexican border a top priority. One million 
     undocumented immigrants are caught each year trying to cross 
     the southern and northern U.S. borders.
       Because all but a tiny fraction of those arrested crossing 
     the southern border are Mexican or Central American, issues 
     of border security get framed accordingly and cast in the 
     image of America's neighbors to the south. Right or wrong, in 
     this country the public face of illegal immigration has 
     Latino features.
       But there are others coming across the Rio Grande, and many 
     are in Boles' image.
       People from 43 so-called ``countries of interest'' in the 
     Middle East, South Asia and North Africa are sneaking into 
     the United States, many by way of Texas, forming a human 
     pipeline that exists largely outside the public consciousness 
     but that has worried counterterrorism authorities since 9-11.
       These immigrants are known as ``special-interest aliens.'' 
     When caught, they can be subjected to FBI interrogation, 
     detention holds that can last for months and, in rare 
     instances, federal prison terms.
       The perceived danger is that they can evade being screened 
     through terror-watch lists.
       The 43 countries of interest are singled out because 
     terrorist groups operate there. Special-interest immigrants 
     are coming all the time, from countries where U.S. military 
     personnel are battling radical Islamist movements, such as 
     Iraq, Afghanistan, Somalia and the Philippines. They come 
     from countries where organized Islamic extremists have bombed 
     U.S. interests, such as Kenya, Tanzania and Lebanon. They 
     come from U.S.-designated state sponsors of terror, such as 
     Iran, Syria and Sudan.
       And they come from Saudi Arabia, the nation that spawned 
     most of the 9-11 hijackers.
       Iraq war refugees, trapped in neighboring countries with no 
     way out, are finding their way into the pipeline.
       Zigzagging wildly across the globe on their own or more 
     often with well-paid smugglers, their disparate routes 
     determined by the availability of bogus travel documents and 
     relative laxity of customs-enforcement practices, special-
     interest immigrants often converge in Latin America.
       And, there, a northward flow begins.


                  Nomination of Judge Leslie Southwick

  Mr. CORNYN. Mr. President, I would like to, if I may, turn to one 
other issue; and that has to do with the nomination of Judge Leslie 
Southwick.
  I heard the distinguished Democratic whip, majority whip, speak to 
the Southwick nomination earlier, and I wish to make sure, in fairness, 
there is a complete consideration of the facts.
  Of course, Judge Southwick, the nominee to which the majority whip 
objects, has been given the highest marks by his peers for the 
qualities of fairness and compassion by both the Mississippi Bar 
Association and the American Bar Association on two occasions, both 
when he was nominated to serve as a Federal district judge and now with 
his nomination to the Fifth Circuit.
  Regarding Senator Durbin's concerns, of course, as a member of the 
Judiciary Committee, he voted to confirm Judge Southwick to a lifetime 
Federal bench. So I wonder why, now that he has been nominated to the 
Fifth Circuit, those concerns have arisen when, in fact, there were no 
such concerns expressed when Judge Southwick was nominated and 
confirmed unanimously by the Senate Judiciary Committee to the Federal 
district bench.
  I heard Senator Durbin criticize Judge Southwick for his 
participation in the case of Richmond v. Mississippi Department of 
Human Services. The fact of it is, Judge Southwick did not write the 
opinion Senator Durbin is critical of. Of course, as a judge, unlike a 
legislator, a judge has no choice but to vote. He voted for the result, 
for the outcome of the case, but I think it is unfair to attribute the 
writing of the opinion to Judge Southwick, something he did not write.
  Of course, we all deplore the racial slur which was the subject of 
that opinion. The board determined, from the evidence before it, that 
the racial slur was an isolated comment, was made outside of the 
target's presence, was followed by an apology--which I think is 
significant--which was accepted and did not result in significant 
disruption of the workplace.
  Under Mississippi law, the board's ruling could only be reversed if 
it was ``arbitrary and capricious, accepting in principle the notion 
that a decision unsupported by any evidence is by definition arbitrary 
and capricious.''
  The court of appeals majority, including Judge Southwick, operating 
under a highly deferential standard of review--which is applied in the 
case of agency decisions routinely--upheld the board's decision and 
found that there was some evidence to support the

[[Page 20368]]

board's ruling that the isolated comment did not sufficiently disturb 
the workplace so as to justify the employee's termination.
  The majority made clear it did not endorse or excuse the slur. They 
said:

       We do not suggest that a public employee's use of racial 
     slurs . . . is a matter beyond the authority of the employing 
     agency to discipline.

  In other words, they said it would be appropriate to discipline a 
person for using racial slurs.
  Of course, Judge Southwick reiterated his disdain for the use of any 
racial slurs and has repeatedly told the committee that the use of the 
word at issue is--in his words--``always offensive''--I would hope we 
would all agree with that--and ``inherently and highly derogatory.'' At 
the hearing he said: ``There is no worse word.'' He said it was 
``unique'' and that he could not imagine anything more offensive.
  In response to a written question from Senator Durbin, Judge 
Southwick wrote:

       Use of this word is wrong, improper, and should offend 
     everyone regardless of the speaker's intent.

  I agree.
  As a legal matter, the Supreme Court of Mississippi explicitly agreed 
with the appellate court's conclusion that dismissal was unwarranted. 
That was the appeal from the Court of Appeals to the Supreme Court of 
Mississippi. The supreme court said:

       In this case, we find that the harsh penalty of dismissal 
     of Bonnie Richmond from her employment is not warranted under 
     the circumstances.

  We can agree or disagree with the decision made by the board that 
reviewed that. We can agree or disagree with the decision of the court 
of appeals. But I do not know why, after the American Bar Association--
the professional organization that reviews Federal nominees--after they 
have reviewed Judge Southwick's record, including his participation in 
that decision, and found him to be highly qualified, why we would come 
back and try to besmirch his reputation as a part of trying to defeat 
this nomination.
  I am sure there will be more discussion about Judge Southwick as we 
go forward. I hope we are not heading down a very dangerous path again, 
which is to deny this President's nominees--or any President's 
nominees--an opportunity for an up-or-down vote. Right now, I know the 
senior Senator from Mississippi, Mr. Cochran, has been talking to the 
chairman of the Judiciary Committee, and the chairman has offered a 
vote for Judge Southwick's nomination in the committee.
  But right now Judge Southwick is continuing to have consultation with 
members of the committee, in hopes he can get an up-or-down vote in the 
committee and then hopefully come to the floor where we can have a 
debate which will cover the whole range of Judge Southwick's 
qualifications and his resume and his record so the Members of the 
Senate can fairly ascertain for themselves whether he should be 
confirmed and then have an up-or-down vote.
  But right now I hate to see Judge Southwick unfairly criticized by 
attributing to him something he did not even say, by joining an opinion 
which was ultimately upheld by the Mississippi Supreme Court in 
compliance with appropriate legal standards. That is what judges do. 
They do not decide winners and losers and then try to justify the 
result. They apply the law impartially to everyone who comes before 
them. From all appearances, Judge Southwick has been true to that 
requirement and that great tradition of our judiciary.
  I yield the floor.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CORNYN. My apologies, Mr. President. I will be brief. My staff 
reminded me there was one other amendment I was going to mention that I 
failed to mention. It will be an amendment I will also offer later on 
that builds upon the good work of Mr. Bingaman, the Senator from New 
Mexico, that was unanimously approved by the Senate earlier this week.
  My amendment will actually double the amount Congress can provide for 
the Border Relief Grant Program that will help local law enforcement in 
towns and cities along our borders cover some of the costs they incur 
serving as the backup to Federal officials when it comes to combating 
illegal immigration and fighting drug traffickers and other border-
related crimes.
  The Senate unanimously approved this same amendment during debate on 
the immigration bill we considered earlier this year. It is also 
included in the comprehensive border security package Senator Graham 
has offered and is currently pending, and, of course, of which I am a 
cosponsor.
  It is the obligation of the Federal Government to adequately secure 
the Nation's borders and prevent the flow of undocumented persons and 
illegal drugs into the United States.
  For far too long, local law enforcement officers--I am talking about 
sheriffs, I am talking about police chiefs, and others--as well as 
local taxpayers, have borne the burden of law enforcement, given the 
failure of the Federal Government to adequately fund the Border Patrol 
and to demonstrate its willingness to secure the border. So now it is 
time not only to add to the Federal law enforcement officials--by 
increasing the number of Border Patrol--but it is time for the Federal 
Government to own up to its responsibilities and fund local law 
enforcement through this grant program to the extent they are willing 
and able to support the Federal Government's efforts to secure the 
border.
  This Border Relief Grant Program will give the men and women in law 
enforcement, who are on the frontline of securing America's border, the 
necessary support to do their jobs and ensure that local taxpayers do 
not have to foot the bill. These funds can be used to obtain equipment, 
hire additional personnel, and upgrade law enforcement technology.
  It is my hope my colleagues will support this amendment again, as 
they have before.
  With that, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so 
ordered. The Senator is recognized.
  Mr. SPECTER. Mr. President, I further ask unanimous consent that I 
may be permitted to speak for up to 30 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                  Nomination of Judge Leslie Southwick

  Mr. SPECTER. Mr. President, I have sought recognition to reply to a 
floor statement made earlier today by the senior Senator from Illinois 
concerning the pending nomination of Judge Leslie Southwick for the 
Fifth Circuit Court of Appeals.
  The Senator from Illinois asserted that ``there are too many 
questions about whether Judge Southwick would bring a measure of 
fairness in cases involving civil rights and the rights of ordinary 
people in his court.'' But in the course of the speech of the Senator 
from Illinois, he only raised one question. That one question was about 
a specific case.
  The Senator from Illinois went on to say:

       This perception as to whether he will be fair or evenhanded 
     is determinative in my mind. Whether you agree with that 
     perception, it is there.

  I begin by disagreeing categorically with the Senator from Illinois 
that it is a matter of perception. It is a matter of fact. When he says 
this perception as to whether he will be fair or evenhanded is 
determinative, I disagree strongly. What is determinative is

[[Page 20369]]

what are the facts of his record taken in totality.
  The one question which the Senator from Illinois has raised involves 
a case where the Mississippi intermediate appellate court upheld a 
finding by an administrative board that an employee should not be fired 
under the circumstances which I will now describe.
  The employee had made a racial statement which was a one-time 
comment. The slur was not in the presence of the targeted coworker. The 
employee apologized to the coworker. The coworker accepted the apology. 
The incident did not produce any significant workplace disruption.
  The administrative board then made the determination that the 
incident did not warrant dismissal of the employee. The question then 
presented to the court on which Judge Southwick sat, the intermediate 
appellate court, was whether the finding by the administrative board 
was arbitrary and capricious; that is, whether there was sufficient 
evidence for them to find to that effect.
  When Judge Southwick testified before the Judiciary Committee, he was 
emphatic in his statement that the slur was unacceptable, that he did 
not agree with that kind of conduct, and that it was the worst kind of 
word to use--the so-called ``N'' word--but that his role as an 
appellate judge was to make a legal determination on whether there was 
sufficient evidence to uphold the decision or whether the 
administrative board was arbitrary and capricious.
  The Senator from Illinois then said that the Mississippi Supreme 
Court unanimously reversed the majority opinion. But, the fact is--and 
this is implicitly acknowledged by the Senator from Illinois--that the 
only reversal was on the very narrow ground of whether there had been 
sufficient findings by the administrative board to come to its 
conclusion.
  The Mississippi Supreme Court agreed with the Mississippi 
intermediate appellate court that dismissal was an inappropriate 
remedy. That was really the core of the case. But the State supreme 
court said there ought to be more facts stated by the administrative 
board in coming to that conclusion, which was a highly technical 
modification as to what the appellate court had said.
  The Senator from Illinois further made a very brief reference, a one-
sentence reference, in his speech, to a custody case in which ``he 
voted to take an 8-year-old girl away from her lesbian mother. I 
disagree with Judge Southwick's position in these cases.'' That is the 
only thing he had to say about the custody case which has been cited 
against Judge Southwick.
  Here again, as in the case involving the racial slur, Judge Southwick 
did not write the opinion. He concurred in the opinion. I think fairly 
stated as a legal matter, when someone writes the opinion, there is 
full responsibility for everything in it. In a sense, one might say the 
same thing about someone who concurs. That person could write a 
separate concurring opinion. But unless there is something 
extraordinarily wrong, out of line, that is not a common practice.
  In the second case to which the Senator from Illinois referred--only 
one sentence--there were many factors which led to the award of custody 
to the father, such as he had a steady job, he had a higher income, he 
owned a large residence, and he had roots in the community. Although 
the Senator from Illinois did not refer to one sentence in the 
opinion--again, which Judge Southwick did not write but concurred in--
there was a reference to a ``homosexual lifestyle'' which has been used 
frequently, including the Lawrence v. Texas decision. It is perhaps not 
the most sensitive kind of language, and perhaps there could have been 
a substitution for it, but it certainly does not rise to the level of a 
disqualifier.
  The Senator from Illinois has said that Judge Southwick could not be 
fair to run-of-the-mill litigants in the courts and cited a couple of 
studies, which are not identified, which do not specify any authors, 
and on their face, in the statement by the Senator from Illinois, I 
think fairly stated should be entitled to really very little, if any, 
weight. But let's take a look at some of the specific cases that Judge 
Southwick has decided.
  In a case captioned McCarty Farms Inc. v. Caprice Banks, Judge 
Southwick affirmed an award of permanent partial disability benefits 
for a woman who experienced a 70-percent industrial disability to her 
right arm and a 30-percent loss to her left. However, Judge Southwick 
wrote separately to argue that injured workers deserve more evidentiary 
options to prove damages. He would have instructed the court to 
consider wage-earning capacity as well as functional or medical 
impairment.
  In the case captioned Sherwin Williams v. Brown, Judge Southwick held 
a 45-year-old carpet layer was permanently and totally industrially 
disabled due to an onsite injury and that the carpet layer made 
reasonable efforts to obtain other employment. Judge Southwick 
concluded he was entitled to permanent total disability benefits.
  In a case captioned United Methodist Senior Services v. Ice, Judge 
Southwick affirmed the award of workmen's compensation benefits to a 
woman who hurt her back while working as a certified nursing assistant, 
despite her first employer's claim that she exacerbated the injury 
during her subsequent employment. In addition, Judge Southwick 
recognized that the evidentiary standard the employer sought to impose 
would have prevented many plaintiffs from receiving compensation for a 
work injury.
  In Kitchens v. Jerry Vowell Logging, Judge Southwick reversed the 
Workers Compensation Commission's decision that a truck driver from a 
logging company did not suffer a permanent loss of wage-earning 
capacity, and remanded the case for further consideration.
  In Total Transportation v. Shores, a 6-to-4 decision, Judge Southwick 
joined the other three dissenters, who would have upheld an award of 
workmen's compensation benefits for a truck driver's widow where the 
majority ruled in favor of the employer.
  In Burleson v. Hancock County Sheriff's Department, a 6-to-3 
decision, again Judge Southwick joined in dissent, arguing that a 
public employee was unconstitutionally fired, while the majority ruled 
in favor of the employer.
  Similarly, Judge Southwick has ruled numerous times in favor of tort 
victims and against businesses. In Ducksworth v. Wal-Mart Stores, Judge 
Southwick voted to reverse a trial court's verdict against a customer 
who had slipped on an unknown substance at Wal-Mart.
  In Breland v. Gulfside Casino Partnership, Judge Southwick voted to 
reverse summary judgment for a casino in a slip-and-fall action brought 
by a patron who had suffered multiple injuries falling down a casino 
staircase.
  In Martin v. B. P. Exploration & Oil, Judge Southwick voted to 
reverse summary judgment against the plaintiff, who injured her ankle 
upon exiting a gas station's restroom on an allegedly poorly 
constructed access ramp.
  In Wilkins v. Bloodsaw, Judge Southwick voted to reverse a grant of 
summary judgment in favor of a Pizza Hut which was sued by a mother who 
was injured when her disabled son fell as she tried to help him exit 
the restaurant.
  Similarly, Judge Southwick has voted in favor of criminal defendants 
on numerous occasions, often in dissent. For example, in Jones v. 
State, a 5-to-5 decision, Judge Southwick dissented, arguing for 
reversing a conviction because the indictment did not provide the 
defendant with sufficient clarity to know with certainty what crime was 
being charged.
  In Parker v. State, Judge Southwick dissented, arguing that a murder 
conviction should be reversed because the trial judge failed to give a 
proper jury instruction.
  In Mills v. State, a 6-to-3 decision, Judge Southwick dissented from 
the majority, affirming a drug conviction on the grounds that the court 
should not have admitted a statement by the defendant's 4-year-old son, 
and the State failed to disclose a piece of evidence against the 
defendant that it had in its possession.

[[Page 20370]]

  In Harris v. State, a 5-to-4 decision, Judge Southwick dissented from 
the majority opinion, affirming a drunk driving conviction on the 
grounds that the trial court erroneously allowed the State to avoid 
proving all the elements charged in the indictment.
  In Hughey v. State of Mississippi, Judge Southwick affirmed the trial 
court's decision to disallow cross-examination as to the victim's 
sexual preference, recognizing that whether the victim was homosexual 
was not relevant to the defense, and that such a line of inquiry could 
produce undue prejudice.
  This Hughey v. State of Mississippi case, where Judge Southwick 
excluded a victim's sexual preference, is a strong indication--much 
stronger than the one line in the argument by the Senator from 
Illinois--concerning the issue of a ``homosexual lifestyle.''
  There are also testimonials, and I will offer two. La'Verne Edney, a 
distinguished African-American woman partner in a prominent Jackson, 
Mississippi, law firm, a member of the Magnolia Bar Association, the 
Mississippi Women Lawyers' Association, and a member of the Mississippi 
Task Force for Gender Fairness, has shared her compelling story of 
Judge Southwick, who gave her an opportunity when few would. This is 
what she said, and I quote:

       When I finished law school . . . I believed that my chances 
     for landing a clerkship were slim because there was only one 
     African-American Court of Appeals judge on the bench at the 
     time and there were very few Caucasian judges during the 
     history of the Mississippi Supreme Court or the Court of 
     Appeals . . . who had ever hired African-American law clerks. 
     . . . While Judge Southwick had many applicants to choose 
     from, he saw that I was qualified for the position and 
     granted me the opportunity.

  Ms. Edney further observed:

       It did not matter the parties' affiliation, color or 
     stature--what mattered was what the law said and Judge 
     Southwick worked very hard to apply it fairly. Judge 
     Southwick valued my opinions and included me in all of the 
     discussions of issues presented for discussion. Having worked 
     closely with Judge Southwick, I have no doubt he is fair, 
     impartial, and has all of the other qualities necessary to be 
     an excellent addition to the United States Court of Appeals 
     for the Fifth Circuit.

  Now, contrast what Ms. Edney said, a prominent lawyer engaged in all 
of the advocacy groups--gender fairness, women trial lawyers, Magnolia 
Bar--compare that to the opinion of Judge Southwick in one case, where 
he joined in a concurring opinion, where there was a racial slur 
immediately apologized for, with what this woman, who was his law 
clerk, found in a very detailed relationship showing fairness and 
justice.
  Patrick E. Beasley, a practicing attorney in Jackson, Mississippi, 
who also happens to be African-American, endorsed Judge Southwick for, 
among other qualities, his fairness to minorities. This is what Mr. 
Beasley had to say:

       I speak from personal experience that Leslie Southwick is a 
     good man who has been kind to me for no ulterior reason. I am 
     not from an affluent family and have no political ties. While 
     I graduated in the top third of my law school class, there 
     were many individuals in my class with higher grade point 
     averages and with family ``pedigrees'' to match. Yet, despite 
     all of the typical requirements for the clerkship that I 
     lacked, Judge Southwick gave me an opportunity. Despite all 
     the press to the contrary, Judge Southwick is a fair man and 
     this is one of the qualities that makes him an excellent 
     choice for the Fifth Circuit Court of Appeals.

  Mr. SESSIONS. Mr. President, will the Senator yield for a question?
  Mr. SPECTER. No. But I will be glad to respond to the Senator from 
Alabama when I finish my speech. I will be glad to respond to him at 
length.
  The overall record--I have changed my mind. I will yield for a 
question.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SPECTER. Maybe the Senator from Illinois will change his mind, 
too.
  Mr. SESSIONS. Mr. President, for the first time, on the question of 
Judge Southwick's ruling, the Senator's remarks make clear to me that 
he was required as a judge, as I understand it, to not reverse the 
administrative panel's opinion unless it was arbitrary and capricious, 
I believe is what the Senator said.
  It seems to me that sometimes we make a mistake, and I was going to 
ask the Senator a question, as one of the most able lawyers here in 
this body for sure, about whether he thinks sometimes we ascribe to the 
judge who has to rule on a case following the law, that somehow we 
would suggest he may have approved this racial slur even though he may 
have ruled in a way different from that?
  In other words, does the Senator think we ought to be careful in this 
body not to unfairly suggest that the judge approved this racial slur, 
which I know he did not, as a result of that ruling?
  Mr. SPECTER. Mr. President, the question posed by the distinguished 
Senator from Alabama is illustrative of the unfairness of citing that 
case against Judge Southwick, because he did not sanction the slur 
which was uttered.
  In fact, the administrative review board did not sanction the slur. 
The administrative review board had only the question to decide as to 
whether that was grounds for permanent dismissal. That is the only 
question they had to decide. And then when the case came before the 
Mississippi intermediate appellate Court, as the Senator from Alabama 
has noted, that court had only to decide whether the ruling by the 
administrative review board was arbitrary and capricious, which means 
that there was insufficient evidence to sustain it.
  So Judge Southwick is removed by two major barriers from any 
conceivable approval of a racial slur: first, on the fact that the 
administrative board said it was bad, Judge Southwick said it was bad; 
and, in addition, there was sufficient evidence for the administrative 
board to find what it did.
  Now, on the critical question as to whether there were any grounds 
for permanent dismissal because of what was said, everybody said no--
that is, the administrative board, the intermediate appellate court, 
and the State Supreme Court--contrary to the bland assertion by the 
Senator from Illinois that the intermediate appellate court was 
reversed. The Supreme Court said everybody is correct, there are not 
grounds for permanent dismissal, but we think the administrative board 
should have given more details as to the reasons why it came to that 
conclusion.
  Mr. SESSIONS. Mr. President, I thank the Senator for his effort and 
the time it takes to be able to examine the complexities of this 
situation. Most of us are too busy to do it. You do indeed have a 
passion for the truth, and you have done well in getting there, and I 
thank you for sharing those thoughts with us.
  Mr. SPECTER. Well, I thank the Senator from Alabama for complimenting 
me for my passion for truth. It so happens that is the title of the 
book I wrote--Harper Collins, available online.
  Back to the case, though, Mr. President, and I will be brief here. I 
would point to Judge Southwick's overall record. It is an excellent 
record: cum laude from Rice, J.D. from the University of Texas Law 
School, clerk for the Court of Appeals for the Fifth Circuit, an 
adjunct professor in the Mississippi College of Law, unanimously well 
qualified by the American Bar Association.
  And then an extraordinary thing. When he was in his fifties, he 
volunteered to go to Iraq in the Judge Advocate General's Corps, and 
was in areas with very heavy fighting. He interrupted a 12-year service 
on the Mississippi appellate court to do that. That is an extraordinary 
act, really extraordinary, for somebody in his position to do.
  I sat down with Judge Southwick at some length to talk to him, and he 
is an enormously impressive man. He is very mild mannered. He has been 
on the court, as I say, for 12 years. He has participated in 6,000 
cases, he has written 985 opinions, and all they can extract out of 
this record is one case which, as the colloquy with the Senator from 
Alabama points out, doesn't establish a peppercorn. That is a legal 
expression for being practically weightless in terms of what their 
objections are.

[[Page 20371]]

  The Senator from Illinois then went through the history of the last 
two nominees who were shot down. I have a reputation and a record to 
back it up, to have supported President Clinton's nominees, crossing 
party lines, when they were qualified.
  The Senator from Illinois makes it a point--not that it has anything 
to do with this case--that the Republicans didn't give 70 of President 
Clinton's nominees a hearing.
  That was wrong. That was wrong. But what we are doing here is we are 
visiting on Judge Southwick somebody else's sins. If I thought he was 
not qualified, I wouldn't be taking the lead that I am in this case.
  When we go through these issues, it is reminiscent of the very 
contentious controversy which was raised on this floor in 2005 when the 
Democrats were filibustering judges in retaliation for what had 
happened during the Clinton years and the Republicans were threatening 
the so-called constitutional or nuclear option. We ought not go back to 
those days.
  When you have a man with the record of Judge Leslie Southwick, he is 
being picked on. With the extensive record he has, to cite one case and 
to talk about perception--I repeat, when the Senator from Illinois says 
that perception is determinative, I say that this body ought to vote on 
the facts.
  I am pleased to see that a number of Democrats are interviewing Judge 
Southwick, and I believe they will find him to be very impressive, as I 
did. I strongly urge my colleagues to look at the facts very carefully. 
The Senate should not function on perception. The Senate should not 
function on what somebody else concludes or believes. We ought not do 
that. We ought to look at the record and make the decision in fairness 
to this man and in fairness to the entire process of confirmation of 
Federal judges.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. ALEXANDER. I ask the manager of the bill if it would be 
appropriate for me to speak now on the amendment I propose to offer. 
Seeing no objection, I will proceed.
  The PRESIDING OFFICER. The Senator is recognized to speak on the 
amendment.


                           Amendment No. 2405

  Mr. ALEXANDER. Mr. President, I will not ask unanimous consent that 
the pending amendment be set aside because I understand from the bill's 
managers that at this point there would be an objection to that.
  That disappoints me. I have an amendment I would like to offer. It is 
an amendment we discussed in the full Appropriations Committee when it 
was considered, and I hope I have the opportunity to offer the 
amendment at another time.
  The amendment was filed earlier today. It is No. 2405. The amendment 
has as cosponsor Senator Collins.
  I ask unanimous consent at this time that Senator Voinovich and 
Senator Warner be added as cosponsors to amendment No. 2405.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ALEXANDER. Mr. President, this amendment, the Alexander-Collins-
Voinovich-Warner amendment, has to do with the law we call REAL ID.
  I will describe REAL ID in a moment, but fundamentally what the 
amendment proposes is to offer $300 million in funding to the States to 
implement REAL ID. The offset would be a 0.8-percent across-the-board 
cut in the rest of the bill. The total bill is $37 billion, more or 
less. I know that offset is not one the chairman and ranking member of 
the committee are likely to approve of, but during our committee 
discussions I offered other offsets which weren't approved of, and I 
feel strongly that if the Congress requires the States to adopt REAL ID 
or something similar to REAL ID, then the Congress ought to pay for 
it--hence the $300 million amendment.
  Someone once said about me last year--and I haven't been here very 
long, this is my fifth year as a Senator, but I have been around a 
while--they said the problem with Lamar is he hasn't gotten over being 
Governor, which I was privileged to be in my home State of Tennessee 
for several years.
  I hope when I get over being Governor, the people of Tennessee send 
me home because I think one of the contributions I can make is to 
remind the Congress and remind the country that our country's strengths 
begin with strong communities and strong counties and strong cities and 
strong States and that the central government, according to our 
traditions and our Constitution, is for the rest of the things that 
States, communities, cities and counties can't do. According to the 
10th amendment and its spirit, if we require it of the State and local 
governments from here, we should fund it from here.
  Nothing used to make me more angry as a Governor than for some 
Senator or Congressman to pass a bill with a big-sounding idea in 
Washington, DC, hold a press conference, take credit for it, and then 
send the bill to me to pay. Then that same Senator or Congressman more 
than likely would be back in Tennessee within the next few weeks making 
a big speech at the Lincoln Day or Jackson Day dinner about local 
control.
  This is such an important issue that the 1994 elections turned on it, 
to a great extent. I remember dozens of Republican Congressmen and 
candidates standing with Newt Gingrich on the Capitol steps, saying:

       No more unfunded Federal mandates. If we break our promise, 
     send us home.

  That may be one of the reasons the Republican Congress got sent home 
last year, because we hadn't paid enough attention to that promise. I 
can remember Senator Dole, when he was the majority leader in the 
Senate in 1995. He was campaigning for President, campaigning around 
the country and I was often at the same events. He would hold up his 
copy of the Constitution and talk about the 10th amendment. That is the 
spirit I wish to talk about today.
  The REAL ID Act began in a good way. The 9/11 Commission recommended, 
in some fairly vague language, that we needed to improve our 
identification documents in the United States. The Commission found 
that:

       [a]ll but one of the 9/11 hijackers acquired some form of 
     U.S. identification document, some by fraud. Acquisition of 
     these documents would have assisted them in boarding 
     commercial flights, renting cars, and other necessary 
     activities.

  So said the 9/11 Commission. The Commission added that the Federal 
Government should:

       . . . set standards for the issuance of . . . sources of 
     identification, such as drivers' licenses. Fraud in 
     identification documents is no longer just a problem of 
     theft.

  The Congress began to implement the recommendations of the 9/11 
Commission soon thereafter, and in December of 2004 the Senate passed 
the Intelligence Reform and Terrorism Prevention Act of 2004 which 
called for States to create secure driver's licenses and ID cards under 
section 7212 of the bill.
  It established a negotiated rulemaking process that included State 
government officials, which was a direct effort to deal with the 
problem I discussed. Through that, standards would be promulgated that 
would make it more difficult to create and obtain fraudulent driver's 
licenses.
  The purpose of the negotiated rulemaking process was so that as 
Congress said that our national needs called for more secure documents, 
the State and local governments could say let us talk with you about 
the realities at home, about what we use driver's licenses for, about 
how many there are, about what the cost would be of implementing new 
standards, and about how long it might take. In addition, we might have 
some other ideas about a different kind of secure document that might 
be better than a driver's license for this purpose. And there are some 
privacy standards we are worried about.
  In addition to that, the experience with national identification 
cards around the world hasn't been all that promising. In Nazi Germany 
it wasn't a good story. Those who remember the more recent history of 
South Africa, when every citizen had a card to carry around which would 
decree what their

[[Page 20372]]

race is and whether they were of mixed blood, that sort of ``Big 
Brother'' attitude is of great concern in the land of liberty, the 
United States of America. So the negotiated rulemaking process was to 
take into account all of that.
  Then came along the REAL ID Act of 2005 in the midst of all this 
careful consideration. It was attached to the emergency supplemental 
appropriations bill of 2005. In other words, it was stuck in, by the 
House of Representatives, on the troop funding bill and it was signed 
into law by the President in May. We had no choice but to pass it. We 
had our men and women in Afghanistan and Iraq. We had to pay the bills 
for their service. This was just stuck in there. We had to vote it up 
or down and REAL ID became law. The Senate didn't hold any hearings. It 
was swept through Congress.
  The REAL ID Act superseded that negotiated rulemaking process 
included in the Intelligence Reform bill, in which the States and the 
Federal Government were working back and forth to set minimum standards 
for State driver's licenses in an effort to deter terrorists. REAL ID 
established a de facto national ID card by setting Federal standards 
for State driver's licenses and making the States create and issue 
them.
  One might say the States don't have to do it. They don't have to do 
it unless they want their citizens to be unable to fly on airplanes or 
obtain other necessary Federal services. It is a Hobson's choice. So, 
in effect, the REAL ID law, with no hearings, no consideration of 
whether there might be some other kind of card or set of different 
cards that would be more appropriate, became law. The States had to 
comply with that and that meant 245 million U.S. driver's licenses or 
ID holders would have to get new identification.
  The Department of Homeland Security has not yet issued final 
regulations of this massive act, even though the States are supposed to 
be ready to comply with these new standards and measures by May 11 of 
next year, 2008. Final regulations are expected to be released in the 
early fall, and this will give States just months to reach the May 2008 
deadline.
  It is true that, thanks to Senator Collins and others, and our 
willingness to forgo an amendment earlier this year, the Department of 
Homeland Security agreed to grant waivers to States to delay 
implementation. But, still, under the present route, 245 million people 
in America will need to get new ID cards by May of 2013.
  REAL ID is a massive unfunded mandate on the States to begin with. 
Last fall the National Governors Association and others released a 
study putting the cost of REAL ID at $11 billion over 5 years. The 
Department of Homeland Security itself said the cost may reach $20 
billion over 10 years. To date, the Federal Government has appropriated 
$40 million for the States to comply with REAL ID, and only $6 million 
of the $40 million has actually been given to the States.
  Here we go again. After a lot of promises from Washington, DC, on 
this side of the aisle and on that side of the aisle--we say no more 
unfunded mandates, but we have a real big idea, we announce it, take 
credit for it and send the bill to the Governors and the legislatures. 
We let them worry about whether to raise college tuitions, raise 
property taxes, or cut services over here--worry how do we pay for this 
new mandate?
  No wonder 17 States now have passed legislation opposing the REAL ID 
Act, including Tennessee, which became the 16th State on June 11 of 
this year.
  To get an idea of what REAL ID would require, first, you have to 
prove the applicant's identity, which would take a passport, birth 
certificate, a consular report--there are a number of other documents 
that could be used. Then you have to prove your date of birth. That 
might mean you have to bring in two documents. Then you have to prove 
your Social Security number. That might mean you have to go find your 
Social Security card. I wonder how many people have their Social 
Security card today. You are up to three documents. You need the 
address of your principal residence--you have to prove that. Then you 
have to prove you are lawfully here. That is not just for someone who 
is becoming a citizen or someone coming here, this is for every single 
person who drives a car or gets an ID; he or she has to prove they are 
lawfully here under REAL ID. In all the States, that is 245 million 
people.
  In Tennessee last year, there were 1,711,000 new or renewed driver's 
licenses. I renewed mine by mail; 154,000 renewed theirs online. There 
will be no mail renewals, there will be no online renewals in Tennessee 
or Maryland or Mississippi or Washington State. Everybody will get to 
go to the driver's license office. There are 53 of those in Tennessee, 
and 1.7 million of us will show up at those 53 offices, not just at one 
time, not just in 1 week, but just in 1 month, scrambling around, 
trying to figure out what documents we need to have. I can imagine 
there are going to be phone calls coming into our offices that make the 
phone calls on immigration look like a Sunday school class.
  We need only look at the recent passport backlog to imagine what 
might happen with the REAL ID backlog. We remember that the passport 
quagmire in which we have been in the last few months was triggered by 
a very well intentioned policy change designed to thwart terrorists. 
Specifically, new rules were implemented in January of 2007 requiring 
Americans to have passports for travel between the United States and 
Canada, Mexico and most of the islands of the Caribbean. This caused a 
massive surge in passport applications. There were 12 million passports 
issued in 2006. The State Department expects to issue 17 million this 
year--a 42-percent increase. Prior to the passport regulations, 
applications were increasing at a rate of 1 to 2 million a year. We are 
expecting an increase of 5 million applications from 2006 to 2007.
  In March of this year, there was a backlog of 3 million passports. 
The current backlog is 2.3 million passports. Prior to the new 
regulations, turnaround time was 6 weeks on regular service and 2 weeks 
on expedited service. At the worst part of this year, they were running 
12 to 14 weeks on regular service and 4 to 6 weeks on expedited 
service. This massive backlog destroyed summer vacations, ruined 
wedding and honeymoon plans, disrupted business meetings and 
educational trips, caused people to lose days of work waiting in line, 
and caused people to lose money for nonrefundable travel and hotel 
deposits and reservations.
  My office has worked with the passport office over the last few 
months. I would compliment them for the dedication of the employees and 
how they were trying to deal with this massive surge, but we imposed 
upon them a burden they simply could not handle.
  What do we say to the people of Tennessee: Show up at our 53 driver's 
license offices with the correct documentation; otherwise, you may wait 
for 2 hours, you get up to the window, and then they tell you've 
forgotten your Social Security card and you must come back again. If 
they show up over 1 month, this is going to make the passport 
application surge look like a small problem.
  I believe we have a choice in Congress. I think insofar as REAL ID 
goes, we should either fund it or we should repeal it. Fund it or 
repeal it.
  It may be that we need to have a national identification card. I have 
always been opposed to that, but we live in a different era now. But I 
would much prefer to have seen the Senate debate this in the usual way 
and let us consider, for example, whether a secure work card, such as 
the kind Senator Schumer and Senator Graham have proposed and Senator 
Cornyn and I have talked about, might not be a better form of ID card.
  Most of our immigration problems, for example, are related to work. 
Maybe a secure identification card would be better, a secure Social 
Security card would be better, or maybe, because of privacy concerns 
and our memory of Nazi Germany and our memory of South Africa, we want 
to be very careful about having anything that is actually called a 
national ID card or even a de facto ID card. So maybe we can work over 
a period of years and help to create several cards:

[[Page 20373]]

maybe a travel card that some can use on airplanes or other forms of 
travel; maybe a work card; maybe some States would want to use the 
driver's license as that form of ID card. But the point would be that 
there would be three or four choices which could be used for ID which 
would be secure and would help with the terrorism threat we face.
  I regret very much that we did not have a chance to take this 
problem, this recommendation of the 9/11 Commission, properly through 
the Senate and consider it. I was glad to see the legislation that 
created the negotiated rulemaking process that at least involved the 
States in what is going on.
  We have an obligation in this body to recognize the fact that if we 
are going to have something called REAL ID--and according to our own 
Department of Homeland Security, it is going to cost $20 billion over 
10 years--then we have a responsibility to appropriate that money or 
most of that money to pay for it. Today, we are at $40 million. That is 
why Senator Collins and Senator Warner and Senator Voinovich and I 
intend to offer this amendment to the appropriations bill to provide 
$300 million in funding to the States to implement REAL ID. In the 
meantime, I am going to work with other Senators to either reestablish 
the negotiated rulemaking process or to repeal REAL ID and let us move 
ahead with a different way of developing a secure identification card.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. McCASKILL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Sanders). Without objection, it is so 
ordered.
  Mrs. McCASKILL. Mr. President, while I am not offering any amendments 
now on Homeland Security appropriations, I do wish to speak about a 
couple of amendments I will be offering.
  First, we all understand that the inspector generals are the eyes and 
ears for not only the public and the executive branch but also for 
Congress within Federal agencies.
  As part of a piece of broader legislation I have previously filed, I 
wanted to include in this bill the provisions that would relate to the 
Department of Homeland Security. Keep in mind, the Department of 
Homeland Security has been on the high-risk list as long as it has been 
in existence. The high-risk list is put out, in terms of management 
issues, by the Government Accountability Office.
  There are so many areas I could go into of mismanagement and problems 
within FEMA and other parts of Homeland Security, but suffice it to say 
that my amendment is going to help the public get access to the 
inspector general's information. It would require that the Department 
of Homeland Security put on the home page of their Web site a direct 
link to the inspector general's report and, furthermore, provide 
information on the home page of how people can, in fact, turn in the 
Department of Homeland Security for issues of fraud, waste, and abuse.
  We need to enlist the public's help. In order for them to do that, 
they have to know what is going on. It is my goal eventually to make 
sure the IG Web site is on the home page of every Federal agency, and 
this is a good start in the Department of Homeland Security.
  The other amendment I have is troubling. In fact, it is scary. After 
the hurricanes in 2005, there were a number of trailers that were 
distributed to the victims of Katrina and Rita. Less than a year later, 
there was a complaint regarding the condition of these trailers, and it 
related to the health of the people in the trailers. There was testing 
done, one test, by FEMA. It found dangerously toxic levels of 
formaldehyde. What happened after those test results, and test results 
also done by independent organizations? Nothing. Toxic levels of 
formaldehyde in trailers the Government provided to victims of a 
hurricane.
  Here is the scary part. The scary part is the General Counsel's 
Office within FEMA was advising the department: Let's keep this quiet. 
We don't want to own this issue.
  I am quoting now from things written by the lawyers in FEMA. A man 
actually died in a trailer. There was a conference call. As a result of 
the call, the General Counsel's Office put out a directive: We are in 
litigation on this issue. We must be on every conference call. Nothing 
should be done on this without going through us. We don't want to own 
this issue.
  All of these kinds of messages were sent throughout FEMA. Now we have 
a problem; we have a safety issue for American citizens living in 
trailers that we have given them.
  FEMA finally goes out and does some testing. They open all the 
windows and turn on the exhaust fans and then say: We don't think the 
problem is that serious. We better notify people. We want to notify 
people, but don't put our phone number on it. Tell them there might be 
a problem. In other words, let's see if we can't avoid being held 
responsible by giving out information. But for gosh sakes don't let 
them ask a question about what they do to get out of the trailer, how 
they get a new trailer, how they can find out how the problem is being 
addressed.
  We can take two attitudes in Government. We can take the attitude 
that we want to try to ``CYA'' and look good or we can take the 
attitude we are here to serve the public. Those people in FEMA were 
using Federal tax dollars, and their goal was to help people in times 
of need and make sure they stayed safe.
  This Congress has a solemn obligation to make sure we get to the 
bottom of this. My amendment will require the inspector general to do 
an immediate and thorough report as to everything that happened in this 
incident and, within 15 days of enactment of this law, FEMA must report 
to Congress what action they have taken in response to this issue.
  When, finally, this all came to light in a very well run House 
hearing in July of 2007, they promised swift action. We need to know 
what is ``swift action.'' We have to have the indoor quality testing 
and the root cause determination. We must make available alternative 
safe housing, and we obviously have to make sure the Office of General 
Counsel is held accountable for an attitude that is all about covering 
our risk instead of protecting American citizens.
  Senator Obama and Senator Pryor are working with me on this 
amendment. I anticipate it will have bipartisan support and many other 
Senators will join us.
  There is a lot of talk around right now about whether Congress is 
doing its job, whether we are asserting ourselves in terms of a branch 
of Government that is supposed to provide oversight and accountability. 
I am confused as to why this did not reach the public's attention prior 
to January of this year. I am proud that it has now. I am proud that 
these kinds of hearings are going on and that we are providing the kind 
of oversight and accountability of the executive branch that protects 
the American people.
  I urge my colleagues to support this amendment so we can make sure 
our job is to protect the people we serve and not to protect Government 
officials.
  I yield the floor.
  Mrs. MURRAY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. KYL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KYL. Mr. President, I want to talk about the pending amendment to 
the bill. This amendment is called the Graham-Gregg-Kyl-Sessions, et 
al., amendment. I wanted to make a couple of quick comments about it.
  Because the immigration bill failed on the floor of the Senate, a 
variety of States have begun to pass their own

[[Page 20374]]

laws to enforce certain elements of immigration policy, including 
determining employment eligibility. My State of Arizona is one of those 
States.
  What I noticed that at least a couple of them have done, including 
Arizona, is to require that employers check with the Department of 
Homeland Security, and the basic pilot program we have established as a 
pilot program, to determine the validity of the Social Security status 
of the prospective employee. It may well be that as States fill the gap 
created because the Federal Government has not adopted immigration 
reform legislation, especially dealing with that subject, that the 
Department of Homeland Security and Social Security will be 
increasingly called upon to provide information to the States. Because 
of that, they are probably going to need to be able to improve their 
systems; not to change what they do or create a Federal program but at 
least to be able to respond to those State inquiries.
  My understanding from the Department of Homeland Security is that 
they have the capacity to deal with additional inquiries now, but they 
wish to improve their capabilities and make sure the accuracy level is 
high of the information passed back to the States and to the employers 
requesting information, and perhaps even to expand what it is they can 
provide by way of verification of the validity of the Social Security 
numbers. So as this process unfolds, we are going to have to make sure 
all of our Government agencies--primarily the Department of Homeland 
Security--have what they need to respond to these requests.
  To that end, one of the elements of the amendment that has been 
offered here authorizes the expenditure of funds for the specific 
purpose of improving the reliability of the basic pilot program and 
associated programs of the Federal Government that would respond to 
State inquiries. Obviously, my preference is that the Federal 
Government undertake that ourselves. Our responsibility is to form the 
immigration laws and secure the border. Having failed to pass 
legislation, they can help our citizens around the country by having 
the most robust database possible that is easy to access and, 
therefore, States and employers throughout the States can take 
advantage of.
  The only other thing is that I support this amendment because it 
includes many of the features that were part of the immigration bill 
that almost everybody agreed with. What you heard in the debate was 
that we all agree we need to secure the border, enforce the laws, 
return to the rule of law, but--there was always a ``but'' and 
different people had different reasons they didn't want to support the 
bill. But the bottom line was that almost everybody here supported the 
essential enforcement features.
  The Department of Homeland Security appropriation bill, therefore, is 
the appropriate place to include funding for the execution of the laws 
that currently exist and, almost without exception, this amendment does 
not add new authority or programs for enforcement but rather identifies 
areas in which enforcing existing law would be enhanced through greater 
capability achieved through the expenditure of funds that could, among 
other things, hire more personnel or in other ways make the system more 
robust.
  Here is one specific example: Most folks like to refer to securing 
the border, and the symbol of that is the hiring of more Border Patrol. 
That is fine; we need them. But we also know that 40 percent of illegal 
immigrants in the United States didn't cross the border illegally. They 
came here on visas and then overstayed their visas illegally. The 
question is, what can we do to enforce our visa policy, as well as what 
can we do to secure the border?
  This bill focuses on that visa overstayer problem and provides 
funding for the kind of particular investigators and agents for 
Immigration and Customs Enforcement that would ordinarily be looking at 
that problem. In addition, it explores ways in which the entry-exit 
system can be implemented and we can understand who has overstayed 
their visas so that can be enforced.
  There is much else in this amendment that is good policy and that 
backs up that policy by the expenditure of funds. The $3 billion figure 
in here is, very roughly, an approximation of what the immigration bill 
that we debated provided for, minus the implementation of a couple of 
programs, the biggest one of which was the employee verification 
system. That system obviously failed along with the rest of the 
immigration bill. That was a pretty expensive item.
  You will recall that we had mandatory spending of $4.4 billion--money 
that would have been collected from fines and fees. The $3 billion here 
represents the bulk of what that money would have been spent on, minus 
the employee verification system and a few other odds and ends.
  That is the explanation for the particular amount of funding in the 
bill. I hope our colleagues will think carefully about this amendment. 
Its purpose is good. I think its execution is good. It is on the right 
bill. What it does that is a bit troublesome to some Members is provide 
some authorization, though that is not the primary element; it would 
not be the first time we provided authorization on an appropriations 
bill, but I can see there is some of that in here. The other aspect is 
the emergency funding nature. One way or another, we are going to have 
to get the funding to do the things the American people have insisted 
on. I have no objection to doing this as emergency funding. If we can 
fund $100 billion for the Iraq war, for example, I think we can fund $3 
billion to secure our own border. If the loss of the immigration bill a 
month ago taught me anything, it was that the American people are very 
skeptical that we are committed to enforcing the law. I believe until 
we demonstrate to them a seriousness of purpose by actions rather than 
words, by the appropriation of money and by the expenditure of that 
money on things that they can see make a difference in enforcing 
immigration policy, they are not going to give us the green light to 
adopt a more comprehensive immigration reform bill. That is why I am 
supportive of this amendment as the next step toward solving the 
problem. I think we want to solve it. I think this is a step in that 
direction and I, therefore, urge my colleagues to support the 
legislation.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, I filed earlier a number of amendments. 
I want to talk about some of those and why I think that they are 
important. I am pleased to say many of them have been included, all or 
in part, in the Graham-Gregg-Kyl-McConnell amendment that I have 
cosponsored. I think, in effect, it represents a positive step to 
creating a lawful system of immigration, which I believe we owe to the 
American people. They expect that.
  What good is it for us to pass new ideas, new laws, and new 
provisions concerning immigration if they will not be enforced any 
better than those we have had before? That is the real rub, the real 
problem we have. That was my fundamental concern and objection to the 
comprehensive bill that failed to pass a few weeks ago. It would not 
have done the job, it would not have been effective, and it did not 
accomplish what we need to accomplish.
  I want to share some ideas about the amendments that I have offered 
and why they are important. I believe Senator Kyl said that we have 
broad bipartisan support for this. There was some belief that if 
enforcement amendments are passed, then some people would never 
confront the other aspects of immigration that others believe need to 
be confronted. I think the truth is that people tried to hold hostage 
enforcement in order to gain support for a new idea of immigration, and 
an amnesty, or a legalization process that the American people didn't 
agree

[[Page 20375]]

to. It didn't work. So let me share a few thoughts that I think are 
important with regard to having a good legal system for our borders.
  First, we have to have more barriers, more fencing. The funding for 
the fencing that we asked for--the 700 miles of fencing--would be 
included in the amendment that has been proposed, offered, and called 
up. That is a good step in the right direction. I will offer separately 
an amendment asking the GAO--our Government Accountability Office--to 
analyze the cost. The cost factor that I have heard is about $3.2 
million per mile for the fence. That exceeds my best judgment of how 
much that I think it ought to cost to build a fence based on my 
experience of building a fence in the country in the past. Fences 
usually do not cost millions of dollars but, this fence on the border 
is going to cost a lot of money. Yes, we need a lot of fencing on the 
border, and maybe double and triple fencing in some areas. We need 
high-tech cameras, and that will run the cost up. But sometimes you get 
the impression that the people who don't believe in fencing are running 
the cost up so high that maybe the American people will change their 
mind about the fence. We know the fence at San Diego was a great 
success. People on both sides of the border appreciate it. What was a 
rundown, crime-prone area on both sides of the border in San Diego is 
now making economic progress, and illegal immigration and crime in that 
sector is way down. Putting up a strong fence is the right thing for us 
to do and we must do it if we are serious about enforcement.
  I ask for commonsense purposes, tell me how we can have enough border 
agents to cover 1,700 miles for 24 hours a day, 7 days a week? Are they 
just going to stand out there all day and all night? We need barriers 
that will multiply the Border Patrol officer's capability to respond in 
an effective way to apprehend those who break into the country.
  Through a combination of these efforts, we can get to the point where 
we go from an open border to a border that people understand to be 
closed, and, as a result, we could see a reduction in the number of 
people who attempt to come into our country illegally.
  I am pleased that a good part of the State and local law enforcement 
provisions I have provided for will be included in the amendment. I am 
pleased that a good part of the National Guard provisions I have 
offered, including continuing Operation Jump Start, will be included, 
and the criminal alien provisions dealing with removing those aliens 
who have been convicted of crimes are deported.
  I am pleased that we are moving towards ensuring that illegal 
entrants will be prosecuted when they come into the country illegally. 
This can be done by expanding the Del Rio, TX, zero-tolerance policy to 
other areas of our border so that illegal aliens who come across the 
border are not just met and greeted, given free meals, and taken back 
home, but actually are convicted of the crime that they committed when 
they came across the border illegally. We have seen good results from 
that program. And there are some other provisions that are important.
  I have filed three amendments dealing with the fence. The first deals 
with a GAO study of the cost of the fencing. We need to know how much 
money has been spent thus far--there is a lot of confusion out there--
how much fencing is now in place after all the money we have spent, how 
much it is costing and will cost the American taxpayers in the future, 
and whether there are better techniques and procedures by which we can 
build more fencing for less cost faster without significantly 
sacrificing quality. That is what that study would include. The 
Government Accountability Office regularly evaluates those kinds of 
issues, and I believe they will give us a valuable report that will 
help us in the future.
  A second amendment calls for full funding of the fencing.
  The Secure Fence Act of 2006 that I offered, which was signed into 
law, requires 700 miles of fencing. This amendment which I offered 
would fully fund the 700 linear miles of southern border fencing 
required by providing $1.548 billion to be used for the construction of 
topographical mile 371 through 700. That is what the law requires.
  The Congressional Research Service and the Department of Homeland 
Security have told us that 700 linear miles in the act will actually 
require more miles topographically; so the 700 linear miles becomes 
close to 854 topographical miles. So my amendment will fund the 
remaining 484 topographical miles of fencing not currently funded for 
construction by December 31, 2009.
  I have drafted this amendment in two ways. One is to be paid for with 
an across-the-board cut, and the other is designated as emergency 
spending.
  If we are able to adopt the amendment offered earlier today by 
Senator Graham and others, perhaps that will go a long way to solving 
the problems I have raised, but, in fact, we could go further and 
should go further.
  My next set of amendments addresses State and local law enforcement's 
ability to assist Federal law enforcement. My amendment allows for some 
of the grant moneys appropriated by the bill to go for State and local 
training exercises, technical assistance, and other programs under the 
law. This would be a pot of up to $294 million to be used to reimburse 
State and local expenses related to the implementation of the INA 
section 287(G) agreements.
  Under the Immigration and Nationality Act, State and local 
governments can sign memorandums of understanding--they are referred to 
as MOUs in the Government. When two foreign nations do it, they call 
them treaties. It is about as complex. MOUs are important--with the 
Department of Homeland Security to have their law enforcement officers 
trained to work with DHS and to enforce immigration law. That is how 
State and local people work together. My amendment encourages State and 
local governments to seek out these agreements and participate in them. 
The Federal Government needs to welcome State and local law 
enforcement's assistance at every opportunity, not discourage it.
  Alabama was the second State, I am pleased to say, in the Nation to 
sign such an agreement. We have trained 3 classes of approximately 20 
State troopers each for a total of 60 State troopers who are now 
``cross-designated'' to work with the immigration agency, ICE. Each 
class cost the State of Alabama about $40,000. The State of Alabama had 
to pay to train their officers in this fashion so they could 
participate with the Federal Government. They have spent about $120,000 
to date to help the Federal Government enforce Federal immigration 
laws. I think we can do better. We should encourage State law 
enforcement officers, and we should help fund this partnership program. 
I have no doubt in my mind that is the right way.
  Then I have an amendment that affirms State and local authority and 
expands of the immigration violators files in the National Crime 
Information Center, that is not in the Gregg amendment. My amendment 
would reaffirm the inherent authority of State and local law 
enforcement to assist the Federal Government in the enforcement of 
immigration laws.
  Confusion among the circuit courts, particularly dicta in a Ninth 
Circuit decision that appears to be somewhat contradictory to the Fifth 
and Tenth Circuits, is involved. That has led to a Department of 
Justice Office of Legal Counsel opinion that questioned some powers of 
State and local law enforcement. And then the Department of Justice 
withdrew that opinion. So there is uncertainty--the Presiding Officer 
knows how uncertain it can get involving the prosecution of cases in 
multiple jurisdictions--about what the power of local law enforcement 
is to participate in helping to enforce immigration laws.
  The issue is very real. Just today in the Washington Times, there is 
an article about it. The article is entitled ``Virginia eyes plan to 
deport illegals. Panel suggests a statewide policy.'' It is being 
discussed all over the country. They say in that article:

       Other areas, such as the role of local and State police 
     officers in enforcing immigration law, are more ambiguous. It 
     is not clear

[[Page 20376]]

     what the State's role is in enforcing immigration law, Mr. 
     Cleator said.

  He is senior staff lawyer for the Virginia State Crime Commission. He 
said it is not clear what the State role is, and there is some 
ambiguity, less than most people understand, but there is a perception 
of ambiguity, and there is some ambiguity. That is why my amendment is 
needed and important.
  My amendment will place additional information in the National Crime 
Information Center's immigration violators file so that critical 
information on final orders of removal, revocation of visas, and 
expired voluntary departure agreements can be readily available to 
State and local law enforcement officers. They need that information so 
they can make the right decisions when they apprehend somebody going 
about their normal business on matters such as speeding and the like.
  The National Crime Information Center is the bread-and-butter 
database of local law enforcement, and they need this information 
properly inputted into that computer center because the State law 
officers will be the ones routinely coming into contact with unlawful 
and deported aliens during the course of their normal duties, such as a 
DUI charge. They want to know something about them, and the information 
is not being readily placed in that computer.
  Everybody knows that virtually every law enforcement officer in 
America who stops somebody for an offense--such as DUI, theft, 
burglary, robbery--runs the suspect's name in the National Crime 
Information Center, and this is done to determine whether there are 
pending charges against the suspect, whether the suspect had been 
convicted of other crimes or if other charges will require that the 
suspect be held in addition to the charge for the original stop. This 
is done every day through tens of thousands of inquiries to NCIC. I 
have discovered that they are not putting a sufficient amount of the 
immigration violation information in NCIC. We have to do that if we 
want that a lawful system of immigration to work. If someone doesn't 
want lawful immigration to work then they will not put that immigration 
violators' information in NCIC.
  Another issue I have raised is Operation Jump Start. This deals with 
National Guard funding through the end of the year 2008 and improvement 
in the rules of engagement. There is funding in the Gregg amendment for 
this matter, but it did not include rules of engagement language.
  My amendment, and a similar amendment filed by Senator Kyl for 
another bill, provides the funding, which is $400 million, needed to 
keep the current National Guard presence of 6,000 guardsmen on the 
southern border through the end of 2008. The administration's plan is 
to reduce those forces by half--down to 3,000--by September 2007. So by 
next summer, they want to have those numbers in half. The National 
Guard is working to deter illegal border crossings. They are big making 
a difference there. They are also helping us create the impression that 
our border is no longer open, that it is closed and it is not a good 
thing for someone to try to come across it illegally. Removing the 
National Guard members when they have been so successful would be 
premature.
  If we take all these actions and keep the National Guard at the 
border, we can help reach that tipping point that I referred to 
earlier.
  In addition, my amendment will allow the National Guard members to 
have a greater role in stopping illegal aliens along the border. 
National Guard members should be permitted to aid in the apprehension 
of illegal aliens crossing the border, at least until a Border Patrol 
agent comes on the scene. Today, they are only permitted to use 
nondeadly force for self-defense or the defense of others. So they 
cannot apprehend illegal aliens that they see crossing the border 
because they cannot use force unless it is to defend themselves or 
others. The rules of engagement prevent them from effectively 
apprehending illegal aliens. My amendment will allow those brave and 
effective National Guard members to apprehend illegal border crossers 
until the Border Patrol officer can come to their location.
  Another big deal is that we want to make sure criminal aliens are 
deported. In effect, this language in the amendment I will offer and 
filed is included in the Gregg amendment. It deals with this problem. 
The American people understand the need to deport aliens, legal and 
illegal, who have committed crimes in the United States, crimes that 
make them deportable. We have laws that say that if you are here in a 
nonpermanent status and you commit a crime, then you are to be 
deported; nonpermanent status means that you do not have legal 
permanent status or citizenship in America. And one of the conditions 
of that admission is that you don't commit crimes. That is not too much 
to ask. That is our standard. Most countries have a similar standard.
  And criminal aliens should be deported, as a matter of policy, at the 
end of their State or local criminal sentences. They should not be 
allowed to slip through the cracks and be released back into society. 
That is not what our laws call for, but it is happening every day.
  Additionally, State court judges should not be allowed to vacate 
convictions or to remit sentences for the purpose of allowing the alien 
to escape the immigration consequences of their crimes. Those events 
that criminal aliens are not being deported and that some criminal 
aliens are avoiding the immigration consequences of their crimes are of 
great concern to the American people and Border Patrol agents who are 
out there working their hearts out.
  So my amendment will double the funding--$300 million--that DHS has 
for the institutional removal program, a program that allows DHS to 
identify criminal aliens while they are in jail serving State and local 
sentences. Once they have been identified, they go through the 
paperwork, and the administrative removal process can be completed 
while they are in jail. This allows the criminal alien to be put 
directly into the Department of Homeland Security's custody at the end 
of their prison term, so that they can be quickly deported.
  My amendment expands the criminal alien program by directing that the 
Secretary of DHS implement a pilot project to evaluate technology to 
automatically identify incarcerated illegal aliens before they are 
released. Manpower alone won't get this job done. But if we start 
correctly with technology, we can make great progress. It can be a big 
improvement in our current system.
  In addition, my amendment ensures that when a criminal alien commits 
a crime, then the original conviction and sentencing will stand when 
DHS has determined whether the alien is deportable based on their 
crimes. This ensures that the trial judge's decision to change the 
sentence or the judgment of conviction won't be able to undermine the 
immigration impact of the original judgment.
  Madam President, we have a real problem. We have a situation in which 
27 percent of the persons in the Federal and State penitentiaries are 
foreign born--this is an amazing number to me--and they are there for 
crimes other than immigration--for drugs, fraud, sexual abuse, violent 
crimes. Large numbers of them--the majority of them--are persons who 
are not citizens. They have been involved in crimes of a serious 
nature, and they should be deported when they complete serving their 
sentence for those crimes. That is what is not occurring.
  In fact, we have at this moment, we believe, some 600,000 absconders. 
These are people who have been apprehended and ordered deported, who 
are told to report for deportation, or similar orders, and have just 
simply absconded into the country and never shown up. That is a huge 
number of illegal aliens that we could eliminate, or reduce, if we 
could handle this process of taking care of their deportation as soon 
as they have finished their criminal time in jail.
  Currently, the Department of Homeland Security and the Department of 
Justice have implemented a zero tolerance policy at the Del Rio sector 
of the

[[Page 20377]]

border. This policy makes sure that every illegal alien is prosecuted 
for their illegal entry into the United States. It is a misdemeanor for 
the first offense. It is a criminal offense, but it is a misdemeanor 
for the first offense of coming into our country illegally. This policy 
has decreased illegal entry into the Del Rio sector by 58 percent.
  Now, when you consider that last year we arrested 1 million people 
attempting to enter our country illegally, you get an understanding of 
what a 58-percent reduction in illegal entries means when that kind of 
policy is enacted. Though there are nine border sectors, Del Rio is the 
only one that has such a policy. My amendment would expand the success 
of the Del Rio project to the two border sectors with the highest 
crossing rates--Tucson, AZ, and San Diego, CA.
  My amendment also requires that until a zero tolerance policy is 
fully in place, the Department of Homeland Security must refer all 
illegal entries along the Tucson-San Diego sector to the respective 
U.S. Attorneys' Offices for prosecution. The U.S. Attorneys' Offices 
must then provide a formal acceptance or declaration of that 
prosecution request, which would then allow a record so that Congress 
can know what all is happening--whether additional resources are needed 
to fully implement this highly effective policy along the entire 
border. I think that is a good step in the right direction.
  Also, Madam President, we have the question of affidavits of support 
and their lack of use and my amendment deals with that. Since 1997, 
most family-based and some employment-based immigrants have to have, 
and do have, a sponsor that guarantees the immigrant will not become a 
public charge. In other words, they are admitted into the country, but 
only on the condition that if they have financial needs, this sponsor 
will take care of that, not the taxpayers of the United States. That is 
a legitimate condition, I submit, to place on entrance into the United 
States.
  So the sponsor would enter into a contract with the Federal 
Government, promising to pay back any means-tested public benefits the 
immigrant would receive. There are some exceptions--medical assistance, 
school lunch, Federal disaster relief.
  To my knowledge, the Federal Government has never gone after sponsors 
to ensure they follow through on the commitment they have made. My 
amendment will require a study to be done by the Government 
Accountability Office to determine the number of immigrants with signed 
affidavits of support that are receiving or have received Federal, 
State, and local benefits when those immigrants really are not eligible 
and should have turned to their sponsors for support. A GAO study is 
needed to determine how much revenue the Federal Government could 
collect if they enforced these contracts and insisted that the 
individual who sponsored the person into the country actually pays what 
they are supposed to pay.
  We need to preserve means-tested public benefits for those who are 
truly needy. We don't have enough money to take care of all the people 
in our country and shouldn't have to take care of people when they have 
a sponsor who promised to take care of them and promised that the 
sponsors would pay back the money for any benefits that the immigrants 
received.
  So those are some of the amendments I offered. There is much that we 
can do to make our system of immigration at the border more effective. 
I would just cite that it is a matter of national security. We 
absolutely know that we have many people who simply want to come to 
America to work and don't want to cause any attack on the United 
States, and they are good people. They simply would like to make more 
money, which is available in the United States, than if they stay in 
their home country. But we also know that since we are not able to 
accept everyone who would like to come to America, we have to have 
rules about who can come and who cannot come and those we let come have 
to obey our laws.
  One of the first and toughest rules should be that we don't allow 
people to come here who are terrorists, or have terrorist connections 
that could threaten our country.
  Next, we need to ask ourselves how many persons should come in 
legally, and under what conditions, what kind of skills and abilities 
and education level and language skills they should have. That should 
be part of a good and effective immigration policy.
  I will just say, however, that any such rules are absolutely 
worthless if we have a wide open system where people come across 
illegally on a regular basis and they know they have a high probability 
for success to come here illegally. Indeed, we know they do because we 
have about 12 million people here illegally.
  So those are some steps I suggest we can take that will improve our 
legal system. I am pleased that a number of those will be included in 
the Gregg-Graham amendment and will not require a separate vote.
  I hope we will take this responsibility seriously. I see no reason we 
should not undertake the actions that I have suggested, which have 
bipartisan support in the Congress. I hope they will not become part of 
some grand agreement that everything else that we can't agree on has to 
be a part of it. In other words, these provisions, which I think would 
have broad bipartisan and public support, these provisions should not 
be used as a vehicle to try to drag on things that people don't agree 
with--certainly not at this time.
  So I support these amendments. I am glad we do have the Graham-Gregg-
McConnell-Kyl amendment on the floor, and I support that. And I would 
ask these amendments be considered in due course.
  Madam President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Mrs. McCaskill). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KENNEDY. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Madam President, before the Senate, I understand, is a 
Graham amendment dealing with border security. Then there is a second-
degree amendment that has been offered on top of that which effectively 
is where we are at the present time. I would like to make a few 
comments about this whole issue that has been brought up by Senator 
Graham in terms of the security aspects at the border.
  Those of us who supported a comprehensive program on immigration 
reform supported strong border enforcement because we know there are 
400,000 or 500,00 people who have come across the border, minimally, a 
year. We don't know their names. We don't know where they go. They 
disappear into American society. There is no question, on a matter 
dealing with homeland security, we have to be serious about dealing 
with our borders. We understand that.
  That is why it is so interesting to me, when I saw we had that 
opportunity 2 years ago, we had a great deal of fuss on the other side 
about building a fence along the border and then, after they got their 
vote, the Republicans never funded that particular program.
  When we had a chance a few weeks ago to do something on comprehensive 
border control, again the Republicans, the other side, voted no; they 
voted it down. Now we have the proposal to try to, I guess, make them 
politically OK among the voters. We know this issue of undocumented and 
illegal immigration is a complex one, is a difficult one.
  We know the primary reason people come across the border down in the 
Southwest is because of the magnet of jobs in the United States. This 
amendment does nothing about the magnet of jobs. We should not delude 
ourselves, if we say we are going to support this particular proposal 
and then not deal with what is the basic cause of the hundreds of 
thousands of people who come here, and that is the magnet of jobs. This 
amendment doesn't deal with the magnet of jobs. Maybe it has

[[Page 20378]]

a good political ring to it out there on the hustings, that we are 
doing something, but as we have seen time and time again, as long as we 
are not going to deal with the magnet of jobs, the efforts we have on 
the border--we can build the fences, people have ladders to go over 
them; or you can build fences and people will burrow and go underneath 
them--as long as you have the powerful magnet of jobs, the efforts will 
fail.
  We are going to have a vote on this issue, although I, for one, 
believe having strong border security is a key aspect of having 
comprehensive reform. That is why a number of us are going to support 
an alternative to the Graham amendment, an alternative that recognizes, 
No. 1, this is a complex problem--we are for border security and 
control, to the extent we can--but, No. 2, that we have a situation 
affecting millions of Americans in agriculture and that is, if we are 
going to have border control we are going to have to be able to provide 
agricultural workers. That is why I hope the Senate will consider an 
amendment which will have the border control provisions but also have 
what is called the AgJOBS provisions that will address what is the need 
in agricultural America.
  Without it, as we have heard so eloquently from Senator Feinstein, as 
we heard from Senator Larry Craig, we are going to have devastation in 
major parts of our country.
  If you are going to have border security, you are going to have to 
have some way for these workers to get in. The AgJOBS bill is the bill 
that has had over 60 Members of the Senate who have been supporters of 
that program. That seems to me to begin to make a good deal of sense.
  Recognize, in dealing with this whole issue in a comprehensive way, 
the most vulnerable people inside our borders, those individuals who 
are here and are undocumented in so many instances are young people, 
brought here through no fault of their own because their parents 
brought them here when they were under 16 years of age, who are here 
for more than 5 years, serving 2 years in the military, graduating from 
the high schools of this country--it is called the DREAM Act.
  I see my friend and the principal spokesperson and sponsor of that, 
the Senator from Illinois, Senator Durbin, on the floor. He speaks so 
well to this issue. When we have the amendment before the Senate, I 
will review some of the great, important successes of many young 
individuals who came here undocumented and have worked long and hard 
and have graduated from high school, which is no mean feat when you 
have more than a 50-percent dropout rate among the Hispanic community. 
The fact that these individuals are here, want to be part of the 
American dream, want to contribute to our Nation--the DREAM Act gives 
them the hope and opportunity for the future, which so many who have 
come here as immigrants and as children, who want to be a part of the 
American dream, have felt.
  This will be a proposal I hope we will have a chance to vote on. It 
will have the border security aspects included in the Graham proposal. 
It will recognize, if you are going to try to close the border, you are 
still going to have the great agribusiness in our country that is going 
to demand workers. We have a way of responding to that, a way about 
which Senator Feinstein and Senator Larry Craig have spoken to this 
body, a familiar path that makes a great deal of sense. That will be 
part of the proposal. Then we say to some of the most vulnerable 
individuals here, we recognize the challenges you are facing.
  The proposal we are going to offer is a downpayment on a day where we 
might be able to come to a more comprehensive approach, which will be 
clearly in the interests of the Nation and in the interests of those 
who have come here and hopefully are looking forward to being a part of 
the American dream--pay their fines, pay their dues but be a part of 
the American dream.
  I also mention I was somewhat troubled by the provisions of the 
Graham amendment, which effectively will say, for those who have 
overstayed their visa--and we know that is about 46 percent of all the 
undocumented. You can't deal with the problem of the undocumented here 
in the United States and just close the border because almost half of 
those who are undocumented here come from overstays. So let's not 
confuse the American people and beat our chests and say we have taken a 
strong security position by dealing with the border and not dealing 
with the undocumented.
  We have 12.5 million undocumented here. We simply do not have enough 
detention centers in which to detain them.
  We want to deal with the terrorists. We want to deal with the drug 
smugglers. We want to deal with the hardened criminals. Rather than 
focusing our attention on those goals, we would divert precious 
resources to what? Jailing women and children, taking the overstays and 
putting them into detention? We have an undocumented problem and what 
are we going to do? This is not the solution. This whole scenario 
sounds like another plan like we had in Iraq: Al-Qaida in Afghanistan 
was the organization who attacked the United States and what did we do? 
We went into Iraq, wasting our resources. This amendment is focused on 
roundups and mass detention, rather than target the real threats which 
are terrorism and crimes. This amendment on the Homeland Security 
Appropriations bill is not the answer.
  It seems to me an alternative approach makes a great deal of sense. 
This is a modest program. It is a well-thought-out program. It is a 
tried and tested program. It is a program where they have had hearings 
and the Senate is familiar with it. Let's do what is necessary at the 
border. Let's do what is necessary to ensure that agriculture and those 
workers who have worked in the fields are going to have the respect and 
dignity they should have. That has bipartisan support. Let's insist we 
are going to include the DREAM Act, which has strong bipartisan support 
as well.
  Let's move on and accept that concept. That includes the basic thrust 
of the amendment of the Senator from South Carolina. Then let's move 
ahead with the Homeland Security bill.
  I know my friend from Connecticut wishes to address the Senate.
  Mr. GREGG. Will the Senator yield for a question?
  Mr. KENNEDY. I will yield briefly, without losing my right to the 
floor, yes.
  Mr. GREGG. I understand the Senator is essentially embracing the 
concept of moving forward independently with the DREAM Act, 
essentially; is that the position of the Senator?
  Mr. KENNEDY. We would have an amendment that would have border 
security and AgJOBS and the DREAM Act together, put in together, so we 
will deal with border issues but also recognize, if you are going to 
have a strong border, if we are going to keep out agricultural workers, 
that we have a major agricultural industry here, and we ought to accept 
AgJOBS which, I think at last count, has 66 cosponsors, Republicans and 
Democrats. Also, we have an emergency with that particular proposal. 
Also, look at those who are the most vulnerable people in this country, 
and those are the children who have been brought here through no fault 
of their own, trying to be a part of our system. Many of them are in 
the Armed Forces of our country. It is called the DREAM Act. The 
Senator from Illinois has been a prime sponsor.
  We think, with that combination, that will be much more responsive to 
the real challenges we are facing, both from a security point of view 
and from an economic point of view, an agricultural point of view and 
from a humane point of view.
  Mr. GREGG. If I could simply make the point in the form of a 
rhetorical question: I am not sure the DREAM Act, as viable as it may 
be, has a great deal to do with Homeland Security's job on the border. 
Of course the Lindsey Graham amendment, of which I was a sponsor, is 
focused at Homeland Security's responsibility on the border.
  But I appreciate the point of the Senator. I am not sure why he 
stopped there. Why doesn't he just reoffer the

[[Page 20379]]

entire comprehensive immigration bill?
  Mr. KENNEDY. This, I believe, is the downpayment. I remind my friend, 
and then I will yield the floor:

       Enforcement alone will not do the job of securing our 
     borders. Enforcement at the border will only be successful in 
     the long term if it is coupled with a more sensible approach 
     to the 10 to 12 million illegal aliens in the country today 
     and the many more who will attempt to migrate to the United 
     States for economic reasons.

  This is from the Coalition for Immigration Security. This is from a 
White House official charged with homeland security. This is a security 
issue, and we believe it is important.
  The final point I mention to my friend from New Hampshire is a key 
aspect of the DREAM Act is to encourage these young people to serve in 
the military. At a time when we have critical needs in the military, 
the opportunities for these young people to serve in the military will 
give a very important boost to the Armed Forces of the country, and 
that obviously is dealing with the security of the Nation.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Madam President, I rise to discuss an amendment 
Senator Collins and I intend to introduce. I gather the parliamentary 
situation is such that there will not be a grant of unanimous consent 
to set aside the pending amendment, so we did want to take this 
opportunity to discuss an amendment which would add $100 million to the 
Homeland Security appropriations bill for the purpose of funding 
efforts at the State and local level to make communications between our 
law enforcement personnel interoperable--they can talk to each other. 
This is a pressing need for homeland security, for disaster response.
  I know my friend and colleague from Maine cannot remain on the Senate 
floor for long. So I yield to her for some comments about our 
amendment. Then I will retake the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Madam President, first, let me thank the committee 
chairman, Senator Lieberman, for his graciousness in yielding to me.
  I am pleased to be a cosponsor of Senator Lieberman's amendment to 
add $100 million for an interoperability communications grant program. 
Last year, the Homeland Security Committee spent 8 months investigating 
the flawed response to Hurricane Katrina.
  It was very disappointing for the committee to learn that the same 
kinds of problems in the ability of emergency first responders to 
communicate with one another that were evident in the response on 9/11 
still existed that many years later and hampered the response to the 
victims of Hurricane Katrina.
  When the 9/11 Commission reviewed all that went up to the attacks on 
our country on 9/11 and evaluated the response, it identified the 
tragic truth that many firefighters, police officers, and other 
emergency responders lost their lives on 9/11 because their 
communications equipment was incompatible. The police could not talk to 
the firefighters, who could not, in turn, talk to the emergency medical 
personnel.
  We found exactly that same problem existing years later in the 
response to Hurricane Katrina. In fact, we found that within the same 
parish of New Orleans, police and firefighters often had incompatible 
communications equipment. It should be evident if our first responders 
cannot talk to one another in the midst of an emergency, the response 
is going to be greatly hampered, and in some cases that means 
additional loss of life. That is just unacceptable.
  State and local governments recognize their problems with emergency 
communications, which is why the Department of Homeland Security 
receives more requests for funding to upgrade and purchase compatible 
emergency communications equipment under the State Homeland Security 
Grant Program and the Urban Areas Security Initiative than for any 
other allowable use.
  The experts tell us the only way we are ever going to get a handle on 
this problem is if we dedicate funding for this purpose. The Homeland 
Security bill that is about to emerge from conference would establish a 
multiyear program to achieve that goal. But we need to make a 
downpayment on that program through this appropriations bill.
  I know the leaders of the Appropriations Subcommittee on Homeland 
Security have worked very hard, and there are many demands on the money 
that is available. But I would urge them to take a look at our 
proposal.
  Creating an interoperability emergency communications network is a 
complicated, expensive, and lengthy process. It is the type of 
multiyear project that requires States to know how much money they will 
be getting each year for several years in order to come up with the 
kind of regional plan that is needed to address this problem.
  Even the most effective preincident planning will prove ineffective 
if first responders are unable to communicate with each other 
effectively in real time, on demand, during an actual incident, and in 
the immediate aftermath.
  I would point out that Senator Lieberman and I also sponsored an 
amendment when the budget was on the Senate floor, which was adopted 
just 4 short months ago, that provided $400 million for this critical 
purpose. Yet, unfortunately, the appropriations bill before us contains 
no funding for interoperability communications grants.
  Now, we recognize the competing demands, and that is why the Senator 
from Connecticut and I are proposing a modest program of only $100 
million rather than the $400 million that was adopted during 
consideration of the budget resolution.
  I urge my colleagues to join Senator Lieberman and me in supporting 
funding for interoperability emergency communications. This is a high 
priority for our first responder community, for those who are on the 
front lines when disaster strikes.
  I yield to the Senator from Connecticut.
  Mr. LIEBERMAN. Madam President, I thank my friend from Maine for an 
excellent statement.
  First, I thank the leadership of the Appropriations Committee, 
Senator Byrd, Senator Cochran, Senator Murray, for working as hard and 
effectively as they have to provide funds that are critical to securing 
our homeland.
  In fact, the committee added two and a quarter billion dollars for 
Homeland Security above the request of the President's budget. For 
that, they are to be thanked. That is exactly the right thing to do at 
a time when the threat of terrorism continues to be a clear and present 
danger for our American homeland.
  Senator Collins and I are offering this amendment because, as she 
said, we believe the committee has not provided anything for one of our 
Nation's highest priorities, and thus an adjustment is needed and I 
speak of interoperability of communications systems among law 
enforcement personnel, first responders, the very fundamental capacity 
in an emergency to pick up whatever means of communication they have 
and speak to the firefighters, police officers, and emergency 
responders wherever they may be.
  As Senator Collins indicated, just to build some history, in the 
Senate budget resolution conference report earlier this year adopted by 
the Senate, we provided for $400 million to be spent next year for this 
program in helping States and localities to allow their first 
responders to talk to each other in a crisis. That is the budget 
resolution. It is a first step, but it was an important step.
  Senator Collins also referred to the conference committee on the 9/11 
legislation that passed both Houses of the Congress. We have been in 
conference for some period of time. I am happy to say we concluded the 
conference successfully within the last 24 hours, and a report is now 
circulating among the members of the committee to have them sign it. I 
gather that a majority of members of the House committee have already 
signed, and Senators, in their wisdom, are taking a little longer

[[Page 20380]]

to read the report. But I am confident that before the end of the day 
we will have a majority there, too, as well.
  Well, the conference report on the 
9/11 legislation, which is before us, to implement as yet unimplemented 
parts of the 9/11 Commission Report, or those parts that have been 
inadequately implemented, and/or, frankly, ideas that the respective 
committees in the House and the Senate have had on our own initiative 
to strengthen our homeland security against the threat of terrorism, 
which as I said earlier is clear and present, as the most recent 
reports on al-Qaida and its intention to strike us make painfully 
clear, and to create the kind of apparatus that will protect the 
American people in the event of natural disasters because there is an 
obvious overlap in what those capabilities will do.
  So the 9/11 legislation conference report will be before the Senate 
soon. It does authorize a new interoperability emergency communications 
grant program. It should, hopefully, provide additional and much needed 
resources to help the Nation's first responders.
  Now, I used the word ``hopefully'' advisedly because this new grant 
program the 9/11 legislation creates will not help our first responders 
unless we put some money into it. That is what this bill and this 
amendment to this bill that Senator Collins and I are offering would 
do. It would provide $100 million for the program in fiscal year 2008. 
It is below the $400 million authorized in the budget resolution. But 
this $100 million is a good start and an opportunity to essentially put 
our money where our promise was in the 9/11 legislation.
  This actually is a very modest amount compared to the overall needs 
there are across the country. Yet it is a good beginning. 9/11 taught 
us many lessons about what we need to better protect our homeland, and 
one clearly was improve the ability of our first responders to talk to 
one another.
  I know none of us will ever forget 
9/11/01, that day we watched live on television as the extraordinarily 
brave New York City police, firefighters, and other emergency personnel 
raced into the doomed buildings trying to save lives, many of them not 
actually on duty but knowing a crisis had occurred, running to help 
their fellow citizens, to help their fellow first responders.
  But as we watched, we could not see what was happening inside the 
building where another tragedy was occurring. Inside the World Trade 
Center buildings, the uncommon heroism of the first responders was 
running into unnecessary chaos. The incredible bravery of those men and 
women was running into avoidable confusion, all of it caused by their 
inability to talk to one another on the communications systems they 
had.
  One fire chief told the 9/11 Commission:

       People watching on TV that day certainly had more knowledge 
     of what was happening 100 floors above us than we did in the 
     lobby of that building.

  The sad, tragic fact is we know that this failure of interoperability 
of communications cost lives, too many lives. There were other 
communications breakdowns that day that hampered the response efforts 
at the Pentagon and in Shanksville, PA. Then, as Senator Collins said, 
during Hurricane Katrina, and the gulf coast, we saw a problem of 
communications that went beyond interoperability; it was the failure to 
operate in that crisis.
  Phone lines, cell towers, and electrical systems were destroyed by 
the storms, making it nearly impossible at times for many first 
responders and government officials on the gulf coast to talk to each 
other, to get the public assistance, to rescue people in danger. This 
massive failure was so bad that some emergency officials on the gulf 
coast were forced to resort to runners to communicate with their first 
responders in the field.
  Think of that. Here we are in the 21st century, and this great 
American Nation that has spawned a revolution in global communications 
technologies, where in a catastrophic crisis, our first responders, 
whose duty it is to protect us, had to resort to communications 
techniques that we thought we had left behind on the battlefields of 
the Civil War, and that was to resort to runners.
  This amendment would provide the $100 million for this emergency 
grant program created in the 9/11 bill. The funding would come from a 
small, across-the-board cut in all other Department of Homeland 
Security programs. That is the only way we can think fairly to do it. 
It is real small, about a quarter of 1 percent of the DHS budget, to be 
exact 0.27 percent, a small amount to shift into a program that is 
necessary to save lives when disaster strikes.
  It is important to note that these funds will be provided to States 
only after the Office of Emergency Communications in the Department of 
Homeland Security has approved statewide interoperability 
communications plans so we are not just going to have city A or fire 
department B or ambulance company C apply and get their own grants. You 
have to be part of a plan in every State.
  I note again the $400 million in dedicated funding for this program 
that was provided for in the Senate-passed and House-passed budget 
resolution earlier this year in anticipation of this new program. 
Perhaps because the 9/11 bill that has just been completed in 
conference was not finished when the Appropriations Committee met to 
adopt this Homeland Security appropriations bill, the committee did not 
include any funding for interoperability communications.
  House appropriators did include $50 million to start the program. Now 
the Senate must do its part.
  We owe it to our first responders, the men and women whose duty it is 
to protect us and all the people they protect in cities and towns 
across the Nation, to help them create the kinds of communications 
systems that will enable them to talk to each other in crisis so they 
can react swiftly, efficiently, and effectively when the alarm bell 
rings and duty calls them to respond.
  At the appropriate moment, when it is possible to do so, Senator 
Collins and I will introduce an amendment to achieve the purposes I 
have stated.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, before the Senator from Connecticut leaves 
the floor, I appreciate his leadership on the 9/11 Commission 
recommendations conference report and the bill generally and, of 
course, the work he has done on the other conference report, the only 
two we have had to speak of, on ethics and lobbying reform. He has been 
essential to moving these things along. We have approached these two 
measures on a very bipartisan basis which is, I am confident, the 
reason we were able to get them to the floor. The work of the Senator 
from Connecticut has been exemplary.
  Mr. LIEBERMAN. I thank the majority leader.
  Mr. REID. I wish a number of things. One of the things I wish is that 
we could legislate the way I remember the Senate legislating. There 
have been editorials written, there was a cartoon this morning in the 
Washington Post, about all the many filibusters led by Republicans. We 
came to our first appropriations bill. We have two individuals who are 
historic in their knowledge of the Senate, Senator Byrd and Senator 
Cochran. I have lamented with my friend from Mississippi on a number of 
occasions how we would like to follow regular order. We try to do that 
as much as we can.
  There are a number of ways to kill legislation. One is to get on the 
floor and talk forever. That is the old-fashioned filibuster. The other 
way is to do it by diversion, other ways. That is what we have before 
us today. We have here a bill dealing with Homeland Security. We all 
know border security is important, and we know the underlying bill is 
$2.3 billion more than the President requested, most of that money 
going directly to border security--3,000 new detention beds, 3,000 new 
Border Patrol agents. It is a good bill. But my friends who want to not 
have this bill have now done what would seem almost impossible: They 
want to relegislate immigration. We

[[Page 20381]]

have spent about a month on immigration this year, about a month last 
year, far more than any other issue.
  Now we have pending before us an amendment, the Graham amendment, 
that in effect relegislates immigration.
  Of course, there is a piece in there for border security. We all 
support that. But there are also pieces in that that take away basic 
rights people have, people who are American citizens. So it is 
unfortunate we are at this juncture.
  I have no alternative, and I have thought of everything I could think 
of to try to avoid this collision. It is my understanding the Graham 
amendment is pending; is that true?
  The PRESIDING OFFICER (Mr. Obama). The Graham amendment is pending.
  Mr. REID. The Graham amendment is in violation of Senate rules. It is 
legislating on an appropriations bill. I raise that as a point of 
order.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Parliamentary inquiry initially: Is the second-degree 
amendment the pending amendment or is the Graham amendment pending?
  The PRESIDING OFFICER. Both amendments are pending.
  Mr. GREGG. Is the majority leader's motion to both amendments?
  The PRESIDING OFFICER. The point of order goes to the underlying 
first-degree amendment.
  Mr. GREGG. It is a point of order that this is legislating, this is 
the rule XVI point of order; is that correct?
  Mr. REID. Yes.
  Mr. GREGG. I raise the defense of germaneness with respect to the 
pending amendment.
  The PRESIDING OFFICER. The Chair is not aware of an arguably 
legislative provision in the House bill, H.R. 2638, to which amendment 
No. 2412, offered by the Senator from South Carolina, could conceivably 
be germane.
  Mr. GREGG. So the amendment is germane?
  The PRESIDING OFFICER. The Chair does not believe that the defense of 
germaneness is appropriately placed at this time.
  Mr. GREGG. Mr. President, I disagree with the ruling of the Chair 
and, therefore, I appeal the ruling of the Chair. I ask for the yeas 
and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  Mr. GREGG. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. I ask unanimous consent that the order for the quorum call 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. I know we are not in debate, but I wanted to inform 
Senators, there has been an evacuation order issued on the Hart and 
Dirksen buildings. We are going to go ahead and start the vote, but 
when the buildings allow the Senators to come, we will make sure they 
have an opportunity to vote. We are not going to cut anybody off 
because they are locked in a building someplace.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. I would like 3 minutes to quickly point out where we are.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. When you finish, I won't need as much time as you. I will 
take 2\1/2\ minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. So our colleagues understand the lay of the land, because 
it is a fairly complicated parliamentary situation, the Graham 
amendment, which increases funding for Border Patrol by $3 billion, I 
would point out that the majority leader, I believe, misspoke when he 
said the extra $2.2 billion in this bill went to border security. The 
extra $2.2 billion in this bill, the majority of it exceeds the 
President's request in the area of first responders, and that is why we 
did not move that money out of the first responders to fund this. This 
is in addition to the funding in this bill to fully fund 23,000 Border 
Patrol agents, 45,000 detention beds, the virtual fence, the hard 
fence, and to make sure there are enough ICE enforcement officers. So 
it is a major initiative in the funding area.
  There is also authorizing language in here. It is the authorizing 
language which I guess the majority leader has the most concerns about. 
But that is the underlying bill. The question before the body is, as I 
understand it, the underlying bill, probably because the authorizing 
language may not be germane. This will be a vote basically on the 
issue, in my opinion, of whether you want to increase funding for 
border security by $3 billion, fully funding what is necessary in order 
to make the border secure, including undertaking specific authorizing 
language which we think is important in order to give the Border Patrol 
and ICE agents the necessary tools they need in order to remove people 
from this country who have come to this country illegally or have done 
illegal acts while they are here. This is essentially a vote on the 
underlying amendment.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I have expressed my affection for my friend 
from New Hampshire on many occasions. He is a wonderful Senator. I am 
very aware of his great record of public service--Congressman, 
Governor, Senator. But the statement he made is wrong. This is not a 
vote on immigration. This vote we are going to take today, if the Chair 
is overturned, will set a precedent for all future appropriations 
bills, all of them, lowering, if not eliminating, the legislation on 
appropriations threshold. So this will mean any appropriations bill 
that comes through here, you can put anything on it. Some of us will 
remember--I know Senator Cochran will remember--I raised a point of 
order against something that Senator Helms did, and it was one of the 
biggest mistakes I made because we overruled the Chair. It took years 
for us on a bipartisan basis to go back to where we were.
  On appropriations bills, you will be able to put in an appropriations 
bill anything you want. We will get back to the days of appropriations 
bills just putting anything you want in them. One of the good things 
about the appropriations process is you should not be able to legislate 
on an appropriations bill. That is what this is all about.
  I also say to my friend from New Hampshire and all those people who 
believe this is a way to vote on immigration, it is not. It will lower 
the standards here in the Senate significantly. I would say, the 
funding aspect, none of us have any problem with that. We agree. That 
is one of the things I said publicly, that I appreciated the President 
when we had our immigration debate. He provided money that was 
emergency, direct funding of $4.4 billion for the border. I supported 
that. It allowed us to pick up more votes. It was a very important 
thing. I applauded the President for having done that. I told the 
President after that legislation fell through how much I appreciated 
his leadership.
  But we need some leadership. This is going to lower the standards of 
the appropriations process and the Senate. We accept the funding 
measure. We would agree right now. Do it by unanimous consent. We agree 
to that. Then let's have the immigration debate some other time. We 
have spent 2 months on it already. Isn't that enough?
  Mr. President, I want all Senators to know, Democrats and 
Republicans, if the Chair is overturned, this will set a precedent for 
all future appropriations bills, lowering, most likely eliminating, the 
legislating on appropriations threshold. We should not go down that 
road. I want to pass some of these appropriations bills. We want to get 
things done. Is this the picture we are going to have?
  I will use leader time at this time. I came here this morning. I felt 
so good because we passed by unanimous consent the Wounded Warrior 
legislation. The distinguished Republican leader said: Well, why don't 
you add to that the pay raise for the troops? I said: It is OK, we will 
do that. I walked out of here--if I had some muscles, Mr. President, I 
would flex them because we really did well this morning. But the

[[Page 20382]]

fact is, this afternoon we are back in the bog trying to claw through 
legislation we should not have to.
  We have filed cloture 45 times this year. Why? For this bill we have 
now on the Senate floor, Homeland Security appropriations, we had to 
file cloture on a motion to proceed to it. That is hard to comprehend, 
but we did. We had to file cloture.
  I do not want to file cloture on this bill because the first thing 
that would happen is people would come and say: I have not had a chance 
to vote on an amendment.
  So I don't want to file cloture on this bill. I want people to have 
the opportunity to offer amendments and vote on them. But let's try to 
stay within the rules. This is legislating on an appropriations bill.
  If my friends on the other side of the aisle want to overrule the 
Chair, that is really too bad and that will go into part of the writing 
where people will talk about how this Republican minority--I understand 
our majority is pretty thin: 50 to 49. Come September, it will be 51 to 
49. That is pretty close. So it is not an issue where we are bulling 
our way over and through everybody. Every vote we take here is close. 
But this is not the way to go.
  This may make everybody happy, but then there will be no 
appropriations bills. We will just do a big omnibus at the end of the 
year and do away with the appropriations process because now it does 
not matter what bill we bring up--we can bring up the Veterans' 
Administration, the VA, Military Construction appropriations bill, and 
with that, we can put anything in that we want that does not have 
anything to do with the purview and the scope of that bill. That is 
what people are getting into here. It is a shame.
  Mr. President, I ask the vote be started.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Shall the decision of the Chair stand as the 
judgment of the Senate?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Arizona (Mr. McCain).
  The result was announced--yeas 52, nays 44, as follows:

                      [Rollcall Vote No. 277 Leg.]

                                YEAS--52

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Stabenow
     Stevens
     Tester
     Voinovich
     Webb
     Whitehouse
     Wyden

                                NAYS--44

     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Bunning
     Burr
     Chambliss
     Coburn
     Coleman
     Collins
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Roberts
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Sununu
     Thune
     Vitter
     Warner

                             NOT VOTING--4

     Brownback
     Clinton
     Johnson
     McCain
  The PRESIDING OFFICER. The Senate sustains the decision of the Chair.
  Mrs. MURRAY. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I appreciate the vote turning out the way it 
did. First of all, I want the record to clearly reflect that the author 
of this legislation, my friend from South Carolina, Lindsay Graham, 
offered it because he thought it was the right thing to do. He has very 
strong feelings about a lot of issues and he expresses them. One of 
those he feels strongly about is the issue of immigration. He offered 
this amendment in good faith, and I want everybody to know that is how 
I feel.
  Procedurally, though, sometimes here we get in the way of each other. 
In fact, that is what has happened. What I would like to do is ask 
unanimous consent that the money portion--the portion of the Graham 
amendment that funds border security for all the things he and Senator 
Gregg laid out--that we accept that by unanimous consent.
  My friend from New Hampshire wants to look at the legislation they 
have. I am hopeful that sometime tonight I can offer that in the form 
of a unanimous consent request. I wish to make sure everybody on both 
sides has the opportunity to look at the legislation. In effect, I 
again state simply it would give more money for border security. I will 
not harp on this, other than to say we in Nevada have a tremendous 
problem. We arrest illegals, and there is no place to put them. So they 
are let loose. This money would allow us to build more detention beds, 
hire more border security officers, and it will add the first part of 
the legislation that is absolutely necessary--that we do something 
about immigration. We always talk about border security wherever any of 
us go. But then there are other things that would not happen today with 
this legislation.
  Hopefully, within the next hour or so, when Senator Gregg has had a 
chance to look at that--and I will clear it with Senator Kennedy and 
others--we can, by unanimous consent, pass that portion of the bill 
dealing with financing border security.
  I yield the floor at this time and, again, express my appreciation 
for the bipartisan vote that we had.
  The PRESIDING OFFICER. The Republican leader is recognized.
  Mr. McCONNELL. Mr. President, we are on the verge of an important 
bipartisan accomplishment to actually seriously begin to secure the 
border. I thank Senator Graham for his amendment. I thank the majority 
leader for his willingness to pass that portion of it that clearly is 
directed at border security.
  I think once we have had an opportunity to actually read the 
amendment, which Senator Gregg and his staff and Senator Graham and his 
staff are doing, we will have an opportunity to do something important 
for the country later tonight.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. Mr. President, I am not sending this up in the form of an 
amendment. I want this to be placed in the Record to indicate what we 
would like to have accepted by unanimous consent. If there is an 
agreement on both sides, we will propose the amendment together. This 
is not an amendment, but I ask unanimous consent that it be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

(Purpose: To appropriate an additional $3,000,000,000 to improve border 
                               security)

       At the appropriate place, insert the following:

                  TITLE  BORDER SECURITY ENHANCEMENTS

       For an additional amount for ``U.S. Customs and Border 
     Protection, Salaries and Expenses'', $1,000,000,000, to hire, 
     train, support, and equip additional Border Patrol agents and 
     Customs and Border Protection Officers and for enforcement of 
     laws relating to border security, immigration, customs, and 
     agricultural inspections, and regulatory activities related 
     to plant and animal imports.
       For an additional amount for ``U.S. Customs and Border 
     Protection, Border Security Fencing, Infrastructure, and 
     Technology,'' $1,000,000,000, to remain available until 
     expended.
       For an additional amount for ``U.S. Customs and Border 
     Protection, Air and Marine Interdiction, Operations, 
     Maintenance, and Procurement'', $100,000,000, to remain 
     available until expended.
       For an additional amount for ``U.S. Customs and Border 
     Protection, Construction'',

[[Page 20383]]

     $150,000,000, to remain available until expended, for 
     construction related to additional Border Patrol personnel.
       For an additional amount for ``U.S. Immigration and Customs 
     Enforcement, Salaries and Expenses'', $700,000,000, to remain 
     available until expended, to hire additional agents to 
     enforce immigration and customs laws, procure additional 
     detention beds, carry out detentions and removals, and 
     conduct investigations.
       For an additional amount for ``Federal Law Enforcement 
     Training Center, Salaries and Expenses'', $25,000,000, to 
     remain available until expended, to train newly hired Border 
     Patrol agents and other immigration and customs personnel 
     funded in this amendment.
       For an additional amount for ``Federal Law Enforcement 
     Training Center, Acquisitions, Construction, Improvement, and 
     Related Expenses'', $25,000,000, to remain available until 
     expended, to provide facilities to train the newly hired 
     Border Patrol agents and other immigration and customs 
     personnel funded in this amendment.
       These amounts are designated as an emergency requirement 
     pursuant to section 204 of S. Con. Res. 21 (110th Congress).

  Mr. GREGG. Mr. President, if I can ask the leader a question, as I 
understand it, we are going to try to work out an agreement on the 
funding and the language which is behind the funding that didn't 
authorize the language----
  Mr. REID. That is directed at border security, yes.
  Mr. GREGG. Is that the money that increases border agents from 23,000 
up to 30,000 and increases the number of beds to 45,000 and covers the 
fence, the virtual fence, and the number that funds ICE?
  Mr. REID. We will take a look at your language, and you can look at 
ours, but the answer to your question is yes.
  The PRESIDING OFFICER. The Senator from Idaho is recognized.
  Mr. CRAIG. Mr. President, I think we are all concerned that we get 
border security right. The Graham amendment offered us that 
opportunity. It looks like we may get there tonight.
  Let the Senate understand there is a Catch-22 to what we are doing. 
While Americans want their border security--my guess is what the 
majority leader is proposing we adjust to will pass by the unanimous 
support of this Senate. The Catch-22 is that American agriculture is 
now in crisis, in part because we have failed to pass an immigration 
bill that addresses their guest worker need problem and the border 
closes and the human labor flow stops. We want it stopped. We want the 
illegal movement to stop, but we need a legal system tied to this to 
solve a problem.
  Last agricultural season, underemployed by 25 percent, $3 billion 
lost at the farm gate, the consumer picked up the bill. Then we 
struggled mightily to solve the problem, and we could not. Now we are 
heading into another harvest season, with 35 percent underemployment, 
with a projected $5 billion to $6 billion loss in American 
agriculture--fruit, vegetables, and nuts left hanging on the trees and 
oranges rotting in the orange groves.
  The Senator from California and I have said, please, help us a little 
bit and reinstate a guest worker program with border security; give us 
a 5-year pilot temporary program to solve a near disastrous problem for 
American agriculture. We fumble through and we cannot do it. So what 
are America's farmers doing--the ones who can afford to? They are 
taking their capital and equipment and they are moving to Mexico and 
Argentina and Brazil and Chile. America's investment will move south of 
the border.
  Here we are now, 60 percent dependent on foreign oil to fuel our 
cars. Are we going to become 60 or 70 percent dependent on foreign 
countries to produce our fruits and our vegetables? If this Senate 
cannot get it right within a decade, that is where we will be--maybe 
even less time than that.
  So while we debate border security--and while we are all for it, and 
while I have been aggressive in moving legislation with Senator Byrd, 
starting 2 years ago, to tighten our borders--always in my mind tied to 
that was reform of the guest worker program and getting a workforce for 
American agriculture that was legal, that was transparent, that came 
and worked and went home. But we can't do that. We would not do it. We 
refuse to do it because of grounds of political intimidation.
  Shame on us if we destroy American agriculture because we cannot get 
it right. So the Senator from California and I are left with no 
alternative. Do we object to unanimous consent to secure the border? Of 
course we would not. We cannot and we should not. But we will ask this 
Senate to vote time and time again and either say you are for American 
agriculture or you are against it.
  Therein lies the question this Senate has yet to answer, and they 
must answer if we are to supply America with its fresh fruits and 
vegetables and the kind of abundant food supply that we have grown use 
to--but more important that we expect.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. FEINSTEIN. If I may, I thank the Senator from Idaho for those 
comments. He is absolutely right in what is happening. It is happening 
to a great extent as well in California. Referring to this chart, I 
wish to show the Senate what has happened. Agriculture is moving to 
Baja, Mexicali, and the Nogales regions--more than 20,750 acres of 
agriculture have moved from the United States to this area here and 
more than 8,600 employees have moved to this area in Mexico. Over here, 
more than 25,350 acres have moved to the center of Mexico, with more 
than 2,460 employees.
  Mrs. BOXER. Mr. President, the Senate is not in order.
  The PRESIDING OFFICER. The Senate will be in order.
  Mrs. BOXER. The Senator deserves to be heard.
  Mrs. FEINSTEIN. I thank my colleague from California for this. I 
speak on her behalf as well. Agriculture is in crisis. We have a $34 
billion industry. Labor is down by as much as 30 percent. What is 
happening is farmers are renting land in Mexico. They don't want us to 
know that. It is difficult to get these figures, but we got them, and 
this is what is happening. Now, what will happen to the land in 
California, Idaho, Washington, and in other places? It will lie fallow. 
Farmers will soon decide they would rather farm in Mexico, with fewer 
restrictions on pesticides and lower phytosanitary standards. Their 
land will be sold for development and we will lose our farmland in this 
Nation.
  The catastrophe, the crisis, is now. The harvest system is coming up 
now. What Senator Boxer, Senator Craig, and many others ask is please 
pass this 5-year pilot program and enable people who have worked in 
agriculture, who will continue to work in agriculture, to be able to do 
so legally. Reform the H2-A program so it functions for the rest of us.
  The fact of the matter is, 90 percent of agriculture is undocumented 
labor. Why doesn't the Senate recognize that? Why doesn't the Senate 
recognize you cannot get Americans to do this work?
  Why do we want to drown American agriculture? Why do we want to send 
it over the border?
  What Senator Craig, Senator Boxer, and I are saying is, with this 
money, you take away our leverage to get this bill done, unless we can 
have some kind of commitment that we can do this bill as a stand-alone 
bill or move it on another bill. We ought to just face that right now, 
that Senator Craig and I would like to have a commitment that we can 
put this bill on another bill, or move it as a stand-alone bill without 
amendments, and hopefully get it passed so agriculture in America can 
harvest their crops this fall. We ought to have a discussion because 
this money we all would like to do, no question about it. We all want 
border security. We all want to fund border security.
  (Ms. CANTWELL assumed the Chair.)
  Mrs. BOXER. Will the Senator yield for a question?
  Mrs. FEINSTEIN. I certainly will.
  Mrs. BOXER. I thank Senator Feinstein. She and I have gone to the 
farms. We have seen what is happening. We have seen the fruit just fall 
from the trees and wither when people are hungry. This is a ridiculous 
situation.
  The question I have for my friend is--it is rather rhetorical, given 
the rules

[[Page 20384]]

of the Senate--all of us have worked so hard for so many years for the 
AgJOBS bill. Isn't it a fact that it has been years since Howard Berman 
in the House started this and we all got involved? And isn't it so that 
instead of being a contentious matter, AgJOBS has had strong support, 
not only in the Senate but all over the country? Isn't it true that 
AgJOBS is supported not only by the owners of the ranches and the farms 
but also supported by all the unions and the labor people? And isn't 
that a reason to pull together, to unite? Isn't it so that it pulls 
together Republicans and Democrats?
  Mrs. FEINSTEIN. The Senator from California is absolutely correct. It 
does. It pulls together all of us. We believe we have 60 votes in this 
body for AgJOBS because we believe there are 60 Senators at least who 
understand what the problem is, there is no question about it.
  Senator Boxer has been on this issue for at least 7 years. Senator 
Craig, the Senator from Idaho, was the original sponsor of AgJOBS, 
along with Senator Boxer and Senator Kennedy. That was 7 years ago. Is 
that not correct, I ask the Senator from Idaho, Mr. Craig?
  Mr. CRAIG. That is correct.
  Mrs. FEINSTEIN. Seven years ago. This bill is known by everybody in 
this body, and everyone in this body should know there is a need. We 
believe we have the votes in the House to pass the bill as well if it 
is a stand-alone bill, a 5-year pilot that enables farmers to hire 
workers.
  Let me say one other thing. There is a myth out there that anybody 
can do agricultural labor. If you stand by a freeway and watch people 
pick lettuce, you will see precision movements, you will see an 
organized crew, you will see they are trained in how to do it, and you 
will also see it is backbreaking labor that Americans will not do.
  There is no industry in the United States that faces the crisis 
agriculture does right now, I say to Senator Boxer. She knows that. I 
know that. We know what is happening to our farms and growers. Whether 
they operate 50,000 acres or 50 acres, it is the same problem. It 
takes, in California, 40,000 workers to harvest grapes. They are grown 
in four counties. It takes 40,000 workers to harvest 1 crop.
  Does the Senator from Texas want me to yield?
  Mrs. HUTCHISON. Yes. Madam President, I was going to ask if the 
Senator from California will yield because I do think there is a 
bipartisan consensus that we need to address AgJOBS. We need to have a 
temporary worker program going forward that fills the need for the 
economy of our country to continue to thrive.
  I know the Senator from California has worked for years on this 
issue, as has the Senator from Idaho. I hope we can have a freestanding 
bill that would encompass agricultural workers and other temporary 
workers, such as food processors.
  I was visited this week by a food processor who very much wanted 
comprehensive immigration reform and worked very hard for it. He is 
trying to do the right thing. But he is very concerned about the 
business being able to do the job it needs to do to get its product out 
on the market. I think we are going to have an employer crisis in this 
country if we don't have a legal way for people to hire workers for 
jobs that are otherwise going unfilled.
  I commend the Senator from California, the Senator from Idaho, and 
the Senator from Georgia who is on the floor as well who has worked for 
AgJOBS. We need a temporary worker program that, going forward, 
provides for our economic basis. I hope we can have a freestanding bill 
that will be amendable so that we can do that part of comprehensive 
reform.
  I believe 90 percent of the people in this body want border security, 
which we may be able to achieve tonight, and the majority leader and 
the minority leader have begun to get an agreement on that issue. Plus, 
I believe there is 90 percent agreement on a temporary worker program 
and taking care of the agricultural businesses. I hope those who are 
saying immigration reform is dead are wrong in that we can do certain 
parts of it where there is an overwhelming consensus in this body.
  I thank the Senator from California for bringing this issue up and 
sticking to it.
  Mrs. FEINSTEIN. Speaking through the Chair to the Senator from 
Texas--I see the majority leader is going to say something. Madam 
President, is he going to make us an offer?
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, if I may say a few words so people know 
what the schedule is, first of all, this may surprise people, but we 
care about agricultural jobs in America. Where most people see the 
bright lights of Las Vegas and Reno, we specialize in garlic and white 
onions. We have tremendous need for agricultural workers, and they are 
hard to get in central Nevada. So I personally am in favor of the 
AgJOBS bill. It is something that I know I have spoken with the Senator 
from Idaho, Mr. Craig, about on many occasions and the Senator from 
California on more occasions than she and I could ever calculate.
  I am committed to doing something about AgJOBS. I hope we can do 
something soon. One of the bills we have to do in September is the farm 
bill. We have to do it. It has been 5 years. We have to renew it. Part 
of that has to be AgJOBS. If we can figure out a way to do it as 
freestanding legislation, I am willing to do that. I want all those who 
are concerned about AgJOBS to know that I am on their side. I will do 
whatever I can to help expedite this legislation.
  I will also say, getting back to the Homeland Security legislation, I 
have conferred with the managers of this bill, Senator Murray, Senator 
Cochran, and Senator Byrd. It seems to me it would be in everyone's 
best interest not to have any more votes tonight. If there is something 
the managers can work out by voice vote, then we should certainly do 
that.
  What I think we should do tonight is, if people have amendments to 
offer on this very important piece of legislation, do it. Tomorrow is 
Thursday. I remind everyone, we still have a lot to do. I spoke with 
Senator Inouye. I believe he was the last one to sign the conference 
report on the 9/11 recommendations. That will be done. We should have 
something on ethics and lobbying reform. SCHIP, we have to be on that 
legislation next week. We have to finish this bill.
  Even though there have been a lot of starts and stops today, we have 
had some progress.
  Mrs. FEINSTEIN. Will the majority leader yield for a question?
  Mr. REID. In 1 second, I will.
  Unless the two managers have some objection, I would hope we could 
have people offer amendments tonight. If their amendments requires 
votes, we will set those for as early in the morning as we can. It 
would be wonderful if we could finish this bill tomorrow. As I said 
early on, I don't want to file cloture on this bill. I don't want to. 
This is the first appropriations bill. We have to set an example of 
trying to move forward.
  I have just been notified that I am asked to go to the White House 
with the Speaker on Wednesday to talk about appropriations bills. This 
would be something really important to talk to him about on Wednesday, 
and we may be able to get one of them done.
  Unless somebody has an objection to my suggestion, I think we will 
have no more votes tonight.
  Mrs. FEINSTEIN. I believe I had the floor.
  Mr. REID. I didn't want to take the floor away from the Senator from 
California. I wanted to let people know what we were doing here.
  Mrs. FEINSTEIN. If I may, through the Chair to the majority leader, 
my interest was piqued in what the majority leader had to say. My 
question is, Would the majority leader be prepared to give Senator 
Boxer, Senator Craig, Senator Hutchison, and me a commitment that 
perhaps the majority leader and the minority leader could sit down and 
agree to allow a vote on AgJOBS as part of the farm bill without 
amendments, or some version of AgJOBS?
  Mr. REID. Madam President, I say to my friend, I am happy to make 
that commitment. I will do everything I can

[[Page 20385]]

to make sure it is part of the farm bill. I will do what I can. I will 
talk with Senator Harkin. I will talk with Senator Chambliss, who is on 
the floor. I am sure he is in favor. I ask through the Chair, is the 
Senator from Georgia in favor of the temporary worker program for 
agricultural workers?
  Mr. CHAMBLISS. Madam President, I will respond this way: Obviously, I 
am in favor of a temporary worker program for agriculture. We have one 
now. Senator Craig, Senator Feinstein, and I worked diligently to try 
to come to some accord on H-2A reform, but I have to tell the majority 
leader, we have never been able to reach that accord, and there are 
some issues that are going to require some major amending before we 
will be agreeable to bringing that bill up on the farm bill.
  Mr. REID. Madam President, I appreciate the Senator from Georgia 
being so candid.
  I say to the Senator from California, Senator Chambliss obviously is 
not in agreement with her. I will make a commitment without any 
qualification that I will do whatever I can to make sure that is part 
of the farm bill. I will talk with Senator Harkin, that is sure, the 
chairman of the committee. It is important we do this, and the Senator 
from California has my commitment--all four Senators--to do whatever I 
can. If it is not impossible, we may try to work something else out. 
Rather than have it part of the farm bill, we may try to do something 
freestanding.
  Mrs. BOXER. Will the Senator yield further? I wish to tell my friends 
that I have discussed this with Senator Harkin. We had a meeting in my 
office about California priorities. I talked with him about how much 
Senator Feinstein and I would like this bill. I think he is very open. 
I am sorry the Senator from Georgia does not feel as we do about it, 
but I think we have a good chance of getting it in the farm bill, or at 
least getting a version of it and, if not, getting it done 
freestanding.
  It is at a crisis point. Senator Feinstein has shown us that we are 
losing our people, we are losing farms, we are losing workers, we are 
losing whole economies, and it is just the start. Seven years ago, we 
knew this was going to happen. It is time to act.
  I appreciate Senator Reid's commitments, and this is a man of his 
word. I hope we can all work with Senator Reid and also Senator 
McConnell to bypass some of the negativity we have heard tonight.
  Mr. REID. Madam President, also, Senator Chambliss is a reasonable 
man. You never know, he might wake up some morning and say maybe we 
should help those onion farmers out in Nevada.
  Mr. CHAMBLISS. Will the majority leader yield for a question? First 
of all, I would love to invite the majority leader to Georgia to eat 
some really good Vidalia onions, and I look forward to trying some of 
his.
  Mr. REID. I say to my friend, I hope it doesn't violate any of the 
ethics rules, but somebody sent me a box of onions, and my wife and I 
ate all we could and we gave some to our daughter. They were really 
quite good.
  Mr. CHAMBLISS. That was Senator Isakson. We are glad you enjoyed 
them. My friend from California knows we have been trying to resolve 
this issue not for weeks and months but for years. We have been working 
on this issue. We have some major differences, as we have discussed. We 
had hoped to have an immigration reform bill on which we could resolve 
this issue. We moved a long ways in that direction.
  Madam President, I would like to ask my friend from California a 
question.
  As you know, I agree with everything you said, everything Senator 
Craig said about the dire straits in agriculture. We have a huge labor 
problem, and we are in need, in California, in Idaho, in Georgia, and 
in every part of the country, for agricultural labor to harvest our 
crops as we move toward the harvest season. The problem with the AgJOBS 
bill has always been it has an amnesty provision in it. It is called 
earned adjustment. That has been the major issue.
  Does the Senator intend to include that earned adjustment provision 
in the 5-year pilot program that the Senator is talking about offering 
now?
  Mrs. FEINSTEIN. If I may, through the Chair to the Senator from 
Georgia, what we have said is, a version of the AgJOBS bill.
  The AgJOBS bill was negotiated over 7 years between the growers and 
the United Farm Workers Union and others. So it is a negotiated 
product. I actually thought that we had satisfied the Senator's 
concerns in many of our discussions. I am trying to recall, but I 
believe there were at least three areas where we made some changes 
specifically because of the Senator's concerns in the discussions that 
we had.
  So I thought we had agreement on the H-2A part of the bill, which I 
believe was your interest, in return for which, with respect to the 
earned adjustment part of the bill, I would be happy to discuss this 
with you more. But the bill is based on, if a worker has worked in 
agriculture, he or she can submit documentation to that effect, for so 
many hours over so many years, that individual can get what we call a 
blue card in the original bill and continue to work in agriculture for 
a substantial additional period. If they satisfied the hours, the 
filing, the taxes, and everything required of them, then they could 
apply after that period for a green card. That is as far as our bill 
went, the original bill.
  Mr. CHAMBLISS. Madam President, if I can again ask the Senator a 
question. That has been the problem area.
  Mrs. FEINSTEIN. I thought the problem area was citizenship.
  Mr. CHAMBLISS. That is a pathway to citizenship, giving them priority 
on getting the green card.
  But let me say to the Senator from California, I think the fact that 
we all recognize there is a problem and that we all want to get to the 
end which is a viable program that will allow all our farmers access to 
a quality pool of people who are here in a legal capacity under a valid 
temporary worker program, as long as it is truly a temporary worker 
program, and that those individuals are required to go back home at the 
time their job is completed--then we don't have an argument.
  But as long as you continue to give them a pathway to citizenship, it 
is going to be a problem. We have just had that debate. So I would say 
this: I would hope between Senator Craig, Senator Feinstein, myself, 
and others who are interested, that if we could come up with an AgJOBS-
like, that would truly be a like version of AgJOBS, then perhaps that 
is a way that we could work our way through this year. It is going to 
take some time to get that done, and we don't have much time. Time is 
getting short. Here we are at the end of July almost, and harvest 
season is upon us.
  If we could come up with some agreement to get us through this year, 
to give us time, maybe, to work out in the long run a more permanent 
program that does not include that pathway to citizenship, I would be 
in agreement with the Senator.
  Mrs. FEINSTEIN. If I might, through the Chair to the Senator from 
Georgia, I would like to make one point.
  I understand your concern is with the H-2A part of the bill. The 
other part of the bill is for different States because what happens in 
my State is, these crews work different produce. They go from one 
harvest to another to another to another because the harvests are 
staged at different times. So the bill has two component parts to it.
  Of course, we are willing to talk. We are happy to sit down and talk. 
But we tried to do that with you, as you know, and I thought we had a 
product that we agreed to.
  My understanding is the Senator from Idaho would like to ask a 
question.
  Mr. CRAIG. Madam President, I would like, for a moment, to react to 
the Senator from Georgia. It is oftentimes confused that AgJOBS was two 
bills that were merged together--two problems solved. One was to create 
a new, modern, guest worker--or I should say flexible guest worker 
program that fits the needs of American agriculture. That was over 
here. We reformed the H-2A program. But over here was, what

[[Page 20386]]

do you do with 1.2 million illegals who are here and are now working in 
agriculture and have been here for 4 or 5 years? That was the other 
side of it.
  We said: If you stayed here and worked and became legal and met these 
qualifications, there would be something at the end of the road because 
we believe if you don't do that, if you say: Oh, yeah, you can stay and 
you can work, but you have to stay in agriculture to do so--specific to 
agriculture--you have created indentured servitude. You and I do not 
want that, nor do we want to be accused of that in any respect.
  So we have to look at the two realities. The two realities are an H-
2A program that does not meet the need of American agriculture today 
and a current workforce that is here and illegal.
  How you bring legality to that workforce that is here and is illegal 
remains the question on which we differ. I think we have come awfully 
close to agreeing on a new guest worker program. And in that, the 
Senator from Georgia is right: It is very clear: They come, they work, 
they go home. That is a true guest worker program. Now, that is not 
today, that is tomorrow. Today is how do you meet the needs and solve 
the illegality problem of those currently here? Therein lies our 
struggle.
  Somehow we have to be able to fix that and require compliance and not 
be accused or meet the test of not producing indentured servitude by 
saying the only way you can become legal is to stay in agriculture. 
That is not very fair either. So I guess they all have to go home. Some 
would like that, too.
  You and I will never escape the definition of amnesty because anytime 
we touch an illegal and give them anything, we will be accused by the 
anti-immigration forces in this country of having morphed a new form of 
amnesty. At the same time, they are forcing us to refuse dealing with 
the real problem and solving it, or at least they are forcing some to 
run for cover in search of something that is impossible, and that is 
zero amnesty. You can't get there. I don't believe it is possible.
  If you touch an illegal in any way, and in any way give them 
something that offers them some stability in the current environment, 
tomorrow morning Lou Dobbs will say: Amnesty. And it is a new creation 
he thought of overnight while in one of his 1932 labor dreams.
  I yield the floor.
  Mr. CHAMBLISS. Madam President, let me finally say to the Senator 
from California, again, we agree there is a problem. I think at the end 
of the day we agree what we want to do is give your farmers, my 
farmers, Texas farmers, and all farmers and ranchers the ability to 
have that quality pool of labor. And if there is a way to get there 
that is truly a means by which those workers who are here are 
temporary, I think that is going to be the key. Hopefully, we will 
continue the dialogue to see if we can't work something out.
  Mrs. FEINSTEIN. If I may respond through the Chair to the Senator 
from Georgia, we had hoped, I say to the Senator, that we had worked it 
out. We believe there are 60 votes for the bill. We are happy, all of 
us--those of us who have worked on this bill--to sit down with you and 
go over it again and hopefully have something for the September farm 
bill. I think it is important.
  The problem with waiting until September is part of the harvest is 
over, and we have lost a crop. I cannot tell you how much is going to 
be on the ground come September, but I can tell you in my State it is 
going to be a substantial amount. I worry about land lying fallow and 
then being sold by farmers for development and the loss of rich, great 
American farmland. I don't think that is what either one of us want.
  We will try to work with you, Senator Boxer, Senator Craig and I, 
and, hopefully, we will be able to come up with something by September.
  So I thank the Senator and the Chair.
  The PRESIDING OFFICER. The Senator from Louisiana.


                Amendment No. 2468 to Amendment No. 2383

  Ms. LANDRIEU. Madam President, I send an amendment to the desk, and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Ms. Landrieu] proposes an 
     amendment numbered 2468.

  Ms. LANDRIEU. Madam President, I ask unanimous consent to dispense 
with the reading of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To state the policy of the United States Government on the 
foremost objective of the United States in the Global War on Terror and 
in protecting the United States Homeland and to appropriate additional 
                         sums for that purpose)

       At the end, add the following:
       Sec. 536. (a) Policy of the United States.--It shall be the 
     policy of the United States Government that the foremost 
     objective of the United States in the Global War on Terror 
     and in protecting the United States Homeland is to capture or 
     kill Osama bin Laden, Ayman al-Zawahiri, and other members of 
     al Qaeda and to destroy the al Qaeda network.
       (b) Funding.--
       (1) Additional amount for counterterrorist operations.--
     There is hereby appropriated for the Central Intelligence 
     Agency, $25,000,000.
       (2) Emergency requiremen6t.--The amount appropriated by 
     paragraph (1) is hereby designated as an emergency 
     requirement pursuant to section 204 of S.Con.Res.21 (110th 
     Congress).

  Ms. LANDRIEU. Madam President, the underlying bill that Chairman Byrd 
and Ranking Member Cochran have put together is really good work. As a 
member of the Appropriations Committee, I am pleased to have worked on 
this bill. Senator Murray has provided some extraordinary leadership to 
add to this appropriations bill some resources to match the words that 
come out of this Capitol about securing our ports, securing our rail, 
and stepping up additional resources for our airports.
  This underlying bill, the Homeland Security appropriations bill, 
reflects this goal and objective. For the most part, it meets it in a 
substantial way. But I would like to remind all of us here, my 
colleagues, though it is hard to remember or to put in perspective, but 
a few years ago, just over 5, we didn't have a Homeland Security 
appropriations bill. Until Osama bin Laden and al-Qaida established a 
network and put 19-plus men on planes that took out buildings in New 
York, a section of the Pentagon here in Washington, and crashed into a 
field in Pennsylvania, this department didn't even exist.
  This department has been put together to try to help this country 
stand up against a great and growing threat--a great and growing 
threat. Unfortunately, according to the latest intelligence report--and 
I have the unclassified summary--this is not a diminishing threat. One 
would think that, after the money we have spent prosecuting the war, 
the diplomacy, and all the other things we are doing, this report would 
say that al-Qaida is weakened. But it doesn't say that. It says al-
Qaida is strengthening. Of course, we know that Osama bin Laden is 
still on the loose.
  So I come to the floor to offer an amendment to the Homeland Security 
bill to try to refocus our attention on how this whole thing got 
started. It all got started by a guy named Osama bin Laden and the al-
Qaida network. My amendment says it should be the policy of the United 
States to refocus our efforts to find him, to destroy him, and to focus 
on the al-Qaida network wherever it is found.
  There are pieces of it in Iraq, I am not going to debate that here. 
But there are pieces of al-Qaida that are still focused, according to 
this National Intelligence Estimate, right here in our homeland. So my 
amendment is substantive in the sense that it simply restates, or 
states for the first time but clearly, that it is the policy of the 
United States that the foremost objective of the global war on terror 
and protecting the homeland of the United States is to capture or kill 
Osama bin Laden and to destroy his network and other members of his 
network. I understand this is not just the work of one person. It adds 
$25 million

[[Page 20387]]

to the Central Intelligence Agency for that purpose. I know there are 
other amounts of money that are being spent, and resources, some 
readily obtainable and some that are classified. But there are 
additional resources that need to be brought to bear on this and, most 
importantly, a focus to help us remember how we got here in the first 
place and what this Homeland Security bill should be doing, by 
protecting our Nation and keeping focus on al-Qaida. That is the 
essence of my amendment.
  I thank the leader for allowing me to offer it tonight. Anytime the 
Senate feels we can vote on this in accordance with the schedule will 
be fine by me.
  Mr. DORGAN. Will the Senator yield for a question?
  Ms. LANDRIEU. Yes, I will.
  Mr. DORGAN. I visited earlier with my colleague from Louisiana. I 
think this is an awfully good amendment. It establishes a priority 
which should have been established long ago.
  As you know, the President, when asked about Osama bin Laden, at one 
point said, I don't care about Osama bin Laden. I don't care about 
Osama bin Laden. Now we have the National Intelligence Estimate that 
says the greatest terrorist threat to this country is the leadership of 
al-Qaida and Osama bin Laden. If that is the case, it ought to be job 
one to eliminate the leadership of al-Qaida. Eliminating the greatest 
terrorist threat to our country ought to be the most important goal. 
That is what the Senator states in her amendment.
  I spoke yesterday about this issue at some length, describing the 
kind of Byzantine position we are in with everyone telling us that here 
is the great threat to our country. Yet, on the other hand, we are 
going door to door in Baghdad in the middle of a civil war with our 
soldiers while there is what is called a safe harbor or secure haven 
apparently in Pakistan or Afghanistan or somewhere on the border.
  My point is there ought not be a square inch of safety anywhere, no 
safe harbor, no secure hideaway anywhere on this planet for the 
leadership of al-Qaida.
  I think this is a good amendment. I intend to offer the amendment 
that I offered on the Defense authorization bill as well tomorrow. It 
was passed unanimously and my hope is it will be accepted unanimously. 
Senator Conrad offered it, but the Defense authorization bill was 
pulled. I intend to offer that amendment tomorrow, but my hope is the 
Senate will approve the amendment offered by the Senator from Louisiana 
because I think it advances this country's interest in defeating 
terrorism, and that is a very important goal.
  Ms. LANDRIEU. I thank the Senator from North Dakota. He has been a 
leader in helping us to stay focused by increasing the reward. We have 
to remember--I wish I had my poster but I don't, but this is what a 
small version of it looked like. I know the Chair may have a hard time 
seeing it, but this is what Osama bin Laden looks like. It is important 
for us to continue to see his picture. He is on the FBI's ``Most 
Wanted'' list. This was before he organized the attack against our 
country that has killed over 3,000 innocent civilians and, as we know, 
now 4,000 of our soldiers, approximately, have lost their lives and 
38,000 to 40,000 wounded, trying to retaliate against this attack.
  I thank the Senator from North Dakota. I intend to be a cosponsor of 
his amendment. It is complementary to this one. Again, I offer it as I 
think appropriate on this bill which lays out the resources to protect 
our homeland. Let's make sure those resources are used so there is a 
big target on the back of this man Osama bin Laden and his very 
dangerous network that is still alive, unfortunately well, and 
according to our own estimates growing as a threat.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, we have spent this time wanting to get the 
legislation passed dealing with border security. It would have been the 
Graham-Pryor amendment. We basically would have taken the amendment 
offered by the Senator from South Carolina, the first several pages of 
it, dealing with border security, the money part of it. My friend, the 
distinguished junior Senator from Texas, objects to that. That is 
unfortunate. He wants to add additional language to that. As I 
explained to him, we have had many Senators want to add language.
  But Senator Graham, he came to us after all the changes, the 
suggested changes in the legislation, and he said: You take our bill as 
it is written. Now it was not easy to get that approved on our side, 
but we did get it done. There is an objection now. I am sorry that 
there will not be the money for border security, but that is the way it 
is. I regret that. I am sorry to have taken so much of the Senate's 
time to do that. It is 7 o'clock at night. We are back to where we 
were.
  We will move forward. There are a number of amendments pending. My 
friend Senator Alexander has waited around for a long time to offer his 
amendment. My understanding is that Senator Vitter is here. Is he ready 
to go?
  I apologize. I hope other Senators will come and offer amendments. We 
will do our best to try to finish this bill tomorrow.
  Is there anything my friend from Texas wishes to say in addition to 
what I have said?
  The PRESIDING OFFICER (Mr. Pryor). The Senator from Texas.
  Mr. CORNYN. Mr. President, I disagree with the characterization of 
the distinguished majority leader. The objection to the proposed 
unanimous consent was to only a portion of the original Graham 
amendment of which I was a cosponsor. It completely overlooked and 
ignored 45 percent of the illegal immigration in this country caused by 
people who enter with a visa that is legal but then they overstay. My 
suggestion to the distinguished majority leader and other colleagues is 
that we not ignore that 45 percent but, rather, include that as an 
acceptable expenditure under current law for part of the $3 billion.
  He has explained to me that there is objection on his side to 
including that 45 percent of illegal immigration as part of the 
accepted expenditures for this $3 billion. I am sure he has accurately 
reported what his conference or caucus has said. But my concern is that 
we not spend money on the border security component and then pat 
ourselves on the back and claim success when, indeed, the proposal 
would have ignored 45 percent of the cause of illegal immigration. We 
need an approach that will deal both with border security as well as 
the interior enforcement caused by visa overstays.
  Mr. REID. Mr. President, if I could say to my friend, I also think 
this is a problem we should deal with. But I think the language as 
written in this legislation would allow that. I would be happy to join 
with my friend in a letter to the Secretary of Homeland Security. I 
would be happy to meet with him when we get this done to tell him that 
this legislation, in my opinion, and hopefully in the opinion of a 
distinguished former member of the Texas Supreme Court, a great legal 
background, as we have propounded it would also allow this. We could 
make a very good case to the executive branch of Government that that 
is so. I hope my friend would take that as an offer of good faith to 
try to move this along.
  I am convinced that if we pass what has been suggested by Graham and 
Pryor--and the Senator from Texas knows this better than I do--this 
does cover the fact that the Department of Homeland Security certainly 
should use some of this money to make sure we know where people are. It 
is absolutely wrong that we have people here who come on study visas 
and we lose track of them. That is one example. I know a significant 
number of Senators would agree. I think Secretary Chertoff would think 
this is something he should do with part of that money.

[[Page 20388]]

  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. I welcome the opportunity always to work with the 
distinguished majority leader on legislation, including this 
legislation. But the fact is, the American people have lost confidence 
in the Federal Government when it comes to broken borders and our lack 
of enforcement of our immigration system. It is more appropriate that 
we contain the requirements in the amendment itself and not in letters 
he and I might write to the Secretary of the Department of Homeland 
Security. The fact is, the Department is not going to do anything 
unless we direct them to do so in legislation.
  I regret the distinguished majority leader has to object to my 
request to include, in addition to border security, provisions saying 
that the money could be spent for interior enforcement as well. If that 
is the way it is, that is where we are.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. It seems sometimes people like to have the issue rather 
than solving the problem. This would have gone a long way toward easing 
the friction on both sides toward problems with immigration. It hasn't. 
My friend, I could say, will still have an issue to talk about. Maybe 
that is more important to him than solving this problem.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I thought we were getting along well until 
that last comment by the majority leader. I want to solve this problem 
too. I think my record of involvement in the immigration and border 
security issue has demonstrated that. I am not interested in scoring 
political points; I am interested in solving the problem. But I am 
suggesting that the proposal by the majority leader will not solve the 
problem. It solves 55 percent of the problem, not the remaining 45 
percent.
  I assure the distinguished majority leader that I am interested in a 
solution. That is why I proposed that some of this money would be able 
to be allocated for interior enforcement, including the 632,000 
absconders, people under final orders of deportation who have simply 
gone underground or who have left the country and then reentered 
illegally, both of which are classified as felons under the Immigration 
and Naturalization Act. I would have thought that the majority leader 
would think that an appropriate use for some of this $3 billion in this 
amendment, to go after those felons, to make sure our laws are enforced 
according to the letter of the law as written by Congress. I regret he 
does not see it the way I do. I guess that is where we are.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I visited with the managers about 
speaking on some amendments.
  The first amendment I am going to reference, I will just speak about 
it because it is still in Legislative Counsel, but we will have it 
shortly. That probably means tomorrow. But I wish to alert people to a 
problem we have with Homeland Security that I would like to fix through 
amendment. The amendment would restrict the Department of Homeland 
Security from using any funds appropriated in this bill for the 
enforcement of interim final chemical security regulations relating to 
the stored quantity of propane gas between 7,500 pounds and 100,800 
pounds. I will put this in language that people, at least in rural 
America, can understand.
  We have a situation where you don't have natural gas, and that is on 
most farms, a lot of small businesses, and small towns. Homes are 
heated with propane, 500-gallon tanks that are somewhere on the 
property, usually behind the house or, in the case of a farm, out by 
the grain bins where you dry your corn or other grains using propane 
gas. Things of that nature are what I am talking about.
  Let me be very clear; my amendment is limited and narrowly tailored 
in that it only limits use of funds for enforcing one listed chemical. 
That one listed chemical is propane. Some people refer to it as LP gas, 
liquid propane gas--one and all the same.
  It would allow the Department to use funds to enforce the regulation 
for larger facilities, things that can honestly be said could be used 
for terrorist activity, but not the propane tank behind some farmhouse 
or by some grain bin. This amendment is necessary to ensure that these 
regulations truly protect our homeland but not burden farmers and small 
businesses and create a bigger problem with regard to propane security 
that I will mention in a minute.
  This final rule was published by the Department of Homeland Security 
on April 9, 2007, and became effective June 8 of this year. These 
regulations were required by Congress as part of the Department of 
Homeland Security appropriations bill of 2007 and are known as the 
chemical facility antiterrorism standards. The regulations include an 
appendix that lists chemicals of interest to the Department and the 
stored quantities that will trigger reporting and screening 
requirements for those who house the listed chemicals. Included in the 
list of chemicals of interest is propane stored in quantities greater 
than 7,500 pounds.
  Propane is used by virtually every arm of agriculture, from small 
family farms to large agribusinesses across the country. Propane is 
used to dry grain, to heat facilities for livestocks and poultry, and 
to heat thousands of rural homes across the country. This listed 
quantity of 7,500 pounds is roughly 1,785 gallons.
  For those who are not from rural America, the typical rural home has 
at least one thousand-gallon tank for heating and maybe has two or 
three of these tanks for home heating and cooking, depending upon the 
size of the home. Some family farms may have a home tank and multiple 
farm tanks. Under the current regulation and thresholds, these rural 
homes and farms would qualify as a chemical facility and would have to 
complete what is known as the ``top screen'' process to register the 
site as a chemical facility. These are not homes in large metropolitan 
areas; they are rural homes where the nearest neighbors could be miles 
away. But under the current regulation, counting all tanks on one 
property, they would be subject to the screening requirements and also 
subject to penalties if they failed to complete the screen.
  Most people listening to me are probably saying: So what. If the 
Department lists the chemicals, these folks should register. Well, in 
its own regulatory analysis--I am quoting from the Department now--the 
Department calculates that the average cost to complete the top screen 
process will be between $2,300 and $3,500 per screen. That is not a lot 
of money to some large chemical facility, but to John Q. Public who 
owns three tanks on his farm to heat his home as well as to heat his 
sheds and barns and maybe dry grain, $2,300 to $3,500 is very real 
money.
  Further, the top screen requires individuals to fill out a lengthy 
form that is highly detailed and may require help from attorneys to 
ensure that the forms are filled out properly. Once this is completed, 
the Department then makes a determination if the site will need to 
complete a security vulnerability assessment. If this assessment is 
necessary, the Department then determines if a site needs a site 
security plan for chemical security.
  The bottom line is that many rural homes, farms, and small businesses 
could be required to pay $2,300 to $3,500 as just a preliminary step to 
determine whether they are ``high risk'' for a terrorist attack. These 
lengthy forms, complex requirements, and high costs pose a harsh, undue 
burden upon rural America; hence my amendment and hence my begging for 
consideration of this from my colleagues.
  I also believe this regulation has a possibility of increasing 
threats to our country as opposed to making it safer. As written, this 
rule and the current quantities of propane may lead many homeowners, 
farmers, small businesspeople to limit how full they might keep their 
onsite storage tanks. For example, a home with multiple tanks may only 
fill a backup tank part of the way to stay under the threshold so they 
do not have to fill out the top screen.
  Now, as a result of that, that home, that small business, that farm 
may have to increase the number of times

[[Page 20389]]

its tanks are filled once or twice during the winter months. This 
increase in the number of tank fills--because they are only going to be 
partially filled--means the number of trips propane trucks make is very 
much increased, leading to more propane tankers per business and more 
propane tankers going down our highways.
  Now, I ask all of you to consider, what is a more vulnerable threat 
to America, John Q. Public's family home in rural Iowa--or in any other 
State--or an increase in hundreds, maybe thousands, of extra propane 
tankers on America's highways and roads?
  Now, I tried to solve this problem before this amendment. On June 25, 
2007, I sent a letter to Secretary Chertoff asking him to consider the 
impact of including propane in quantities of 7,500 pounds in the 
regulations. I asked Secretary Chertoff to consider including an 
exemption for rural homes, farms, and small businesses that store and 
provide propane in excess of 7,500 pounds. To date, I have only 
received a response saying the Department is ``giving careful 
consideration'' to my letter.
  Now, I appreciate the careful consideration being given to my letter, 
but I wish to know what is being done to ensure there is no undue 
burden placed upon rural Americans and that these rules have the impact 
that is intended. We all want to ensure our homeland is as safe as 
possible, but we need to do so without overburdening rural Americans 
and threatening the growth of a small business.
  Further, as I pointed out, there is an additional possible safety 
concern that may be a consequence of the regulation. As such, I will 
offer an amendment that would prohibit the use of any funds to the 
Department to enforce the current regulations for propane when the site 
of that propane has more than 7,500 pounds but less than 1,800 pounds, 
until it amends these regulations to provide an exemption for rural 
homesteads, agricultural producers, and small business concerns.
  Again, this amendment is narrowly tailored only toward propane and 
does not impact enforcement of the regulations for other listed toxic 
chemicals. Additionally, this amendment includes safety provisions to 
ensure that if a threat is imminent to rural America, the Department 
can inform Congress of such threat and continue with its current 
regulations. This amendment is necessary to ensure that Government 
regulations meet a commonsense test and do not unduly burden rural 
America.


                Amendment No. 2444 to Amendment No. 2383

  Mr. President, I am now going to go to an amendment I do have written 
and would like to offer. I send amendment No. 2444 to the desk and ask 
for its consideration. Mr. Inhofe should be listed as a cosponsor.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley], for himself and Mr. 
     Inhofe, proposes an amendment numbered 2444 to amendment No. 
     2383.

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To provide that none of the funds made available under this 
Act may be expended until the Secretary of Homeland Security certifies 
 to Congress that all new hires by the Department of Homeland Security 
 are verified through the basic pilot program authorized under section 
401 of the Illegal Immigration Reform and Immigrant Responsibility Act 
  of 1996 or may be available to enter into a contract with a person, 
 employer, or other entity that does not participate in the such basic 
                             pilot program)

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds made available under this Act 
     may be expended until the Secretary of Homeland Security 
     certifies to Congress that all new hires by the Department of 
     Homeland Security are verified through the basic pilot 
     program authorized under section 401 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).
       Sec. 537.  None of the funds made available under this Act 
     may be available to enter into a contract with a person, 
     employer, or other entity that does not participate in the 
     basic pilot program authorized under section 401 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note).

  Mr. GRASSLEY. This amendment to this appropriations bill is to 
strengthen our efforts to verify if people in the United States are 
legal to work in this country.
  Without a doubt, we have an illegal immigration problem. People are 
crossing our borders each day to live and work in the United States. 
Some individuals may have innocent motives, some may not. Some may be 
living in the shadows and wish to do our country harm.
  We do not live in a pre-9/11 world anymore. We must do all we can to 
protect our country. That is why I am proposing this amendment. It 
would do two things very appropriate in the Department of Homeland 
Security appropriations bill. It would require the entire Department of 
Homeland Security to use the basic pilot program--also known as the 
electronic employment verification system.
  The Immigration Reform and Control Act of 1986 made it unlawful for 
employers to knowingly hire and employ aliens not eligible to work. It 
required employers to check the identity and work eligibility documents 
of all employees.
  The easy availability of counterfeit documents has made a mockery of 
the 1986 bill. Fake documents are produced by the millions and can be 
obtained very cheaply.
  In response to the illegal hiring of immigrants, Congress created the 
basic pilot program in 1996. This program allows employers to check the 
status of their workers by checking one's Social Security number and 
alien identification number against Social Security Administration and 
Homeland Security databases.
  The immigration bill before the Senate last year and this year would 
have required all employers to use the basic pilot program over a 
period of time by phasing it in. Both the administration and Congress 
were poised to pass legislation mandating participation in this 
program. It has been argued that the employment verification system is 
crucial to enforcing the laws already on the books. Many say the system 
is a needed tool for employers to check the eligibility of their 
workers.
  Since 1996, the system has been updated, the system has been 
improved. It is a Web-based program, and employers can go online 
quickly and very easily when hiring an individual. Employers in all 50 
States can use the program, and it is voluntary for the private sector. 
Currently, over 18,000 employers use the basic pilot program.
  Under current law, however, the Federal Government is supposed to be 
using the employment verification system--emphasis upon ``current law'' 
and ``supposed to be using.'' We are talking about the Federal 
Government as an employer and whether we are setting a good example for 
the private sector on checking whether people are legally in this 
country if they are going to work for us. Of the 18,000 users I have 
mentioned, Homeland Security says 403 Federal agencies are using this 
pilot program. But my colleagues will be shocked to hear that very few 
of the 22 agencies at the Department--the Department of Homeland 
Security--are actually participating in this program.
  I asked Secretary Chertoff in January of this very year about 
requiring all agencies to use this system and extending the requirement 
to contractors who do business with the Federal Government.
  The Department of Homeland Security responded by saying these 403 
Federal agencies are participating in the basic pilot program. The 
Department said it was also on track to make sure all agencies were 
using this system by the end of the fiscal year.
  I ask unanimous consent, Mr. President, to have printed in the Record 
my letter to the Secretary and the Department's response.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page 20390]]




                                                  U.S. Senate,

                                 Washington, DC, January 24, 2007.
     Hon. Michael Chertoff,
     Secretary, Department of Homeland Security, Washington, DC.
       Dear Secretary Chertoff: Thank you for your time on Monday 
     to discuss the worksite enforcement actions against Swift & 
     Company. I appreciate the time you took to hear our concerns, 
     and discuss solutions to improve our efforts to reduce 
     identity theft by illegal aliens.
       As I stated in our meeting, our government agencies must do 
     a better job of communicating with each other. That is why I 
     authored an amendment last year to the immigration bill that 
     would give your department access to taxpayer information 
     maintained by the Social Security Administration. I look 
     forward to pushing this measure into law.
       Additionally, I want to reiterate my concerns about the 
     need for federal government agencies to use the basic pilot 
     program. The Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 included a provision requiring 
     select entities to participate in the program. The law states 
     that ``Each Department of the Federal Government shall elect 
     to participate in a pilot program and shall comply with the 
     terms and conditions of such an election.'' I would like to 
     know how this law is being enforced, and how your department 
     is working to ensure compliance by all federal agencies.
       Furthermore, I would like the Department's legal opinion 
     about the ability to require contractors and subcontractors 
     of the federal government to use the basic pilot program. 
     Last July, the U.S. Immigration and Customs Enforcement (ICE) 
     arrested nearly 60 illegal immigrants at Fort Bragg in North 
     Carolina. Last week, ICE arrested nearly 40 illegal 
     immigrants hired by contractors working on three military 
     bases (Fort Benning, Creech Air Force Base, and Quantico 
     Marine Base), one of which was reportedly a member of the 
     dangerous MS-13 gang. There are many similar stories of 
     illegal aliens being hired by contractors who work at 
     critical infrastructure sites throughout the United States. 
     Requiring those who do business with the federal government 
     should be held to the same standard as our executive 
     department agencies. I encourage you to take steps to ensure 
     that contractors are using the tools that we have provided, 
     and are participating in the department's electronic 
     employment verification system.
       I appreciate your time and consideration of these views. I 
     look forward to hearing from you.
           Sincerely,
                                               Charles E. Grassley
     U.S. Senator.
                                  ____

         Office of Legislative and Intergovernmental Affairs, U.S. 
           Department of Homeland Security,
                                                   Washington, DC.
     Hon. Charles E. Grassley,
     U.S. Senate,
     Washington, DC.
       Dear Senator Grassley: On behalf of Secretary Chertoff, 
     thank you for your letter regarding federal agencies and 
     government contractors using the Basic Pilot Employment 
     Verification Program (Basic Pilot).
       Currently, there are 403 federal agencies that are 
     participating in the Basic Pilot. The majority of the federal 
     Basic Pilot participants are member offices of the 
     legislative branch, although there are several key executive 
     branch participants, such as the U.S. Citizenship and 
     Immigration Services headquarters office and components of 
     the U.S. Coast Guard. The U.S. Citizenship and Immigration 
     Services, which oversees the Basic Pilot, is exploring 
     several approaches this fiscal year to use Basic Pilot to 
     verify all executive branch new hires. Also under 
     consideration is whether the Office of Personnel Management 
     (OPM) could conduct the verifications through the Basic Pilot 
     on behalf of all executive branch new hires or whether each 
     agency should individually conduct the verifications for its 
     own new hires. The Department of Homeland Security (DHS) 
     would be pleased to keep your staff apprised of the status of 
     this planning effort. DHS's goal is to ensure that all 
     executive branch new hires are verified through the Basic 
     Pilot by the end of FY 2007.
       With respect to whether or not departmental contractors use 
     the Basic Pilot program, DHS is exploring options to 
     encourage contractor participation in the program.
       I appreciate your interest in the Department of Homeland 
     Security, and I look forward to working with you on future 
     homeland security issues. If I may be of further assistance, 
     please contact the Office of Legislative and 
     Intergovernmental Affairs at (202) 447-5890.
           Sincerely,
                                              Donald H. Kent, Jr.,
                                              Assistant Secretary.

  Mr. GRASSLEY. Since receiving the letter from Secretary Chertoff, 
this is what I have found out: that this response--that 403 Federal 
agencies are using the program--was deliberately misleading. In fact, 
congressional offices make up to 99 percent of the Federal users. Of 
the 411 or more Federal Government users, 400 are congressional 
offices--136 in the Senate and 264 in the House.
  So I am taking issue with the Department for their response to me and 
feel this is deliberately misleading the Congress on the use of the 
basic pilot program--when I get back a letter that says 403 Federal 
agencies are using the program, and 99 percent of them are here on 
Capitol Hill, not downtown.
  According to staff at the Citizenship and Immigration Service, only 
11 executive branch agencies are using the program--only 11--and only 5 
of the 22 agencies at Homeland Security are using the program--only 5.
  The President visited a Dunkin' Donuts shop last year. The company 
announced all of its franchises would use the basic pilot program to 
verify their workers. If Dunkin' Donuts can use the system, so can the 
Federal Government, particularly the Departments with the mission of 
protecting the homeland.
  We ought to be setting an example, the Federal Government, for all 
employers. But within the Federal Government, the very department 
enforcing the law, suggesting it is being used, ought to set the 
example.
  I am ashamed to say the Department of Homeland Security--the most 
valuable component of the executive branch in securing our Nation from 
terrorism--then is setting a very bad example.
  Congress and the administration must be a model of good employment 
practices for the rest of the country. My amendment is needed to push 
executive branch participation in this program.
  Now, there is a second part to my amendment. It would extend this 
principle to contractors who do work for the Federal Government. 
Because the second part of the amendment would require all 
contractors--in just the Department of Homeland Security--to use the 
basic pilot program to check the eligibility of their workers.
  Now, I think it ought to go beyond contractors for the Department of 
Homeland Security, but we are working on the Homeland Security 
appropriations bill so I am limiting it to that. It is my opinion that 
those who do business with Homeland Security agencies should also be 
required to use the electronic employment verification system. They may 
be private-sector people, but they are working for the Federal 
Government and they are in place of Federal employees.
  There have been many examples of aliens illegally in the country 
working for Government contractors and being allowed to work in 
sensitive areas. I gave a number of examples last week during 
consideration of the Defense authorization bill when I tried to apply 
this same principle to that bill when it was up.
  But the Department of Defense, I want you to know, is not the only 
culprit. This week, a man from Houston was sentenced for harboring 
illegal aliens, some of whom had access to an Alexandria airbase and 
Louisiana National Guard facility under a Federal Emergency Management 
Agency construction contract.
  The company employed 30 to 40 workers, contracted with FEMA, and was 
able to send illegal aliens to a worksite where they had access to a 
National Guard facility and airbase.
  There were many news stories about undocumented individuals working 
in the construction industry in New Orleans after Hurricane Katrina.
  Then there was ``Operation Tarmac,'' launched by Immigration and 
Customs Enforcement in 2002, to enhance security at our airports and 
remove undocumented immigrants from these critical facilities.
  The operation resulted in investigations of hundreds of thousands of 
people and more than 900 arrests of unauthorized workers. Aliens 
illegally in this country were working as janitors, baggage checkers, 
and luggage handlers.
  Whether it is FEMA or the Transportation Security Administration or 
Border Patrol or the Citizenship and Immigration Service, we must make 
sure those hired by the agencies are legally able to work in the United 
States.
  While Immigration and Customs Enforcement has taken some steps to 
find

[[Page 20391]]

unauthorized workers at secure sites, illegal aliens should not be 
hired in the first place. We cannot allow people illegally in our 
county to check our bags or process immigration benefits.
  One way to get at that problem, then, is to require Departments, 
particularly the Department of Homeland Security, to use the basic 
pilot program up front. There is no cost to employers. Instead, the 
American public will be more protected than it is today.
  Earlier this year, the Senate voted unanimously to debar employers 
from Government contracts if they are found to hire aliens illegally in 
the country. That vote signified an overwhelming opinion that our 
Government should only be doing business with those who take our 
immigration laws very seriously. Therefore, this part of my amendment 
should not be problematic.
  I hope my amendment can be considered this week. It is not overly 
expansive. It is to the Department we are appropriating money for. I 
don't believe it is overly burdensome because the Federal Government is 
preaching to the private sector. They are preaching to the other 
Government agencies that we ought to be doing it. We in Congress have 
adopted it more than anybody else in the Federal Government has. If we 
can do this in our hiring of people, surely other Government agencies 
can.
  I hope this amendment--I think a commonsense amendment--can be 
considered. I am happy to debate it, but I am finished presenting it. I 
have it before the Senate and I will let the managers of the bill take 
the course from that point.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. COCHRAN. Mr. President, I thank the distinguished Senator from 
Iowa for his contribution to the debate and consideration of this 
legislation. I ask unanimous consent that it be set aside so that I may 
call up another amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 2405 to Amendment No. 2383

  Mr. COCHRAN. Mr. President, on behalf of the Senator from Tennessee, 
Mr. Alexander, I call up amendment No. 2405 and ask for its 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. 
     Alexander, proposes an amendment numbered 2405 to amendment 
     No. 2383.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To make $300,000,000 available for grants to States to carry 
                      out the REAL ID Act of 2005)

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


                        REAL ID GRANTS TO STATES

       Sec. __.  (a) For grants to States pursuant to section 
     204(a) of the REAL ID Act of 2005 (division B of Public Law 
     109-13; 119 Stat. 302), $300,000,000 to remain available 
     until expended.
       (b) All discretionary amounts made available under this 
     Act, other than the amount appropriated under subsection (a), 
     shall be reduced a total of $300,000,000, on a pro rata 
     basis.
       (c) Not later than 15 days after the date of the enactment 
     of this Act, the Director of the Office of Management and 
     Budget shall report to the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives on the accounts subject to pro rata 
     reductions pursuant to subsection (b) and the amount to be 
     reduced in each account.

  Mr. COCHRAN. Mr. President, I will set this amendment aside and take 
it up in due course in the consideration of the bill.
  The PRESIDING OFFICER. The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the pending 
amendment be temporarily set aside so that I may offer four amendments.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, I thank Chairman Byrd, Senator Murray, 
and Senator Cochran for their leadership on this outstanding bill which 
will help make America safer and, of course, we in New York 
particularly care about homeland security. I want to commend the 
committee for putting together a bill that shows the Nation where our 
priorities lie. After years of shortchanging the Department of Homeland 
Security, the committee has now put forth a bill that will sufficiently 
fund the Department, in my judgment. In the next year, DHS will finally 
be equipped to do its job of making our Nation safer from harm.
  The bill will make America safer by investing in high priority 
projects--such as the kind of technology we need to keep us safe--while 
also protecting us at our borders, in our skies, at our ports of entry, 
and on our subways, rail, and mass transit systems.


                Amendment No. 2416 to Amendment No. 2383

  Mr. SCHUMER. Mr. President, I call up amendment No. 2416.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 2416 to amendment No. 2383.

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To evaluate identification card technologies to determine the 
    most appropriate technology for ensuring the optimal security, 
            efficiency, privacy, and cost of passport cards)

       At the appropriate place, insert the following:

     SEC. __. INDEPENDENT PASSPORT CARD TECHNOLOGY EVALUATION.

       (a) In General.--Before issuing a final rule to implement 
     the passport card requirements described in section 
     7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note), the Secretary of 
     State and the Secretary of Homeland Security, using funds 
     appropriated by this Act, shall jointly conduct an 
     independent technology evaluation to test any card 
     technologies appropriate for secure and efficient border 
     crossing, including not fewer than 2 potential radio 
     frequency card technologies, in a side by side trial to 
     determine the most appropriate solution for any passport card 
     in the land and sea border crossing environment.
       (b) Evaluation Criteria.--The criteria to be evaluated in 
     the evaluation under subsection (a) shall include--
       (1) the security of the technology, including its 
     resistance to tampering and fraud;
       (2) the efficiency of the use of the technology under 
     typical conditions at land and sea ports of entry;
       (3) ease of use by card holders;
       (4) reliability;
       (5) privacy protection for card holders; and
       (6) cost.
       (c) Selection.--The Secretary of State and the Secretary of 
     Homeland Security shall jointly select the most appropriate 
     technology for the passport card based on the performance 
     observed in the evaluation under subsection (a).

  Mr. SCHUMER. Mr. President, I am introducing an amendment that will 
require the Government to test an array of possible card technologies 
before creating new passport cards for land border crossings.
  Under the Western Hemisphere Travel Initiative, the Department of 
Homeland Security is moving toward new rules to require travelers to 
show a passport or an approved alternative document at land ports of 
entry. As we all saw from the record passport backlogs over the past 
few months, the Nation suffers when the administration makes big 
changes at the border without adequate preparation. Yet with the new 
passport cards, DHS and the State Department seem to be rushing forward 
blindly again. They have already issued a proposed rule on passport 
card technology, but when I questioned officials from DHS and the State 
Department, they admitted they had not done any on-the-ground testing 
of their proposed cards. This lack of testing is especially shocking 
because the administration is making a very unusual move in trying to 
use a type of technology that has weaker security capabilities than 
some of the other options that are out there. We don't know whether it 
would work on the border unless we test it.

[[Page 20392]]

  I think that with proper preparation and testing, we can have a 
border document that is both secure and efficient, that preserves both 
security and allows commerce to continue to flow freely across the 
border. That is what I want to see. But if we let the DHS push this 
forward, I am concerned that travelers will get the worst of both 
worlds.
  DHS in this case has it all backward. They need to do the testing 
before making a final choice of technology. We need to know that any 
new cards will be reliable, secure, efficient, and easy to use. If the 
administration won't do that testing on its own, then Congress must 
step in. My amendment says DHS and the State Department need to do a 
serious evaluation comparison of two or more card technologies before 
they issue a final regulation to start selling these cards to people. 
This is a smart and straightforward way to make sure the administration 
is spending money wisely. I can't see why anyone would object to it, 
and I hope we can certainly agree without much controversy to pass it 
into law.


                Amendment No. 2461 to Amendment No. 2383

  Mr. President, I ask unanimous consent that the pending amendment be 
set aside and I call up amendment No. 2461.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 2461 to amendment No. 2383.

  Mr. SCHUMER. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To increase the amount provided for aviation security 
                       direction and enforcement)

       On page 2, line 11, strike ``$100,000,000'' and insert 
     ``$94,000,000''.
       On page 18, line 2, strike ``$5,039,559,000'' and insert 
     ``$5,045,559,000''.
       On page 18, line 10, strike ``$964,445,000'' and insert 
     ``$970,445,000''.
       On page 18, line 20, strike ``$2,329,334,000'' and insert 
     ``$2,335,344,000''.

  Mr. SCHUMER. Mr. President, the Law Enforcement Officer Reimbursement 
Program reimburses local law enforcement for security services that TSA 
requires at all airports around the country. But due to a planned 
expansion, the program is not fully funded at the level needed to 
maintain the present level of service. Currently, 275 airports are part 
of the program, which is funded at $64 million. As the program moves 
from a reimbursement agreement model to a cooperative agreement model, 
TSA hopes to include 300 airports, but they will attempt to do this 
with the same level of funding used for 275 airports. Most of these 
airports are smaller, rural. They are not the kind of airports that can 
easily come up with the tens of thousands of dollars that might be 
required. So this is a smart and straightforward way to make sure the 
administration is spending money wisely. My amendment will make sure 
the level of security service provided at airports does not suffer as 
more airports become part of this important program.


                Amendment No. 2447 to Amendment No. 2383

  Mr. President, I ask unanimous consent that the pending amendment be 
set aside and I call up amendment No. 2447.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 2447 to amendment No. 2383.

  Mr. SCHUMER. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To reserve $40,000,000 of the amounts appropriated for the 
Domestic Nuclear Detection Office to support the implementation of the 
     Securing the Cities initiative at the level requested in the 
                          President's budget)

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

                         ``systems acquisition

       ``For expenses for the Domestic Nuclear Detection Office 
     acquisition and deployment of radiological detection systems 
     in accordance with the global nuclear detection architecture, 
     $182,000,000, to remain available until September 30, 2010, 
     of which $30,000,000 shall be available to support the 
     implementation of the Securing the Cities initiative at the 
     level requested in the President's budget:''.

  Mr. SCHUMER. Mr. President, I am joined by my New York colleague 
Senator Clinton and my colleagues from New Jersey, Senator Lautenberg 
and Senator Menendez, in offering an amendment to fully fund the 
Securing the Cities initiative at the level of $40 million. This is 
what was requested by the President. Securing the Cities is an 
innovative partnership between the Federal Domestic Nuclear Detection 
Office and local law enforcement to set up a ring of radiation 
detection devices around the perimeter of urban centers to stop dirty 
bombs or nuclear weapons. The Nuclear Detection Office chose the New 
York region as the first area to pilot this approach, and local 
authorities have been working together for months to plan and train. 
But the committee proposes to provide only three-quarters of the 
funding requested by the President.
  When it comes to protecting cities from nuclear or radiological 
attack, we can't stop halfway. Securing the Cities is a cutting-edge 
plan to safeguard the people and assets of our most threatened city 
centers. This program is moving ahead and it needs the full amount the 
President requested: $30 million to purchase equipment and $10 million 
for planning and research. I hope the relatively small amount of money 
here will be approved without much debate by my colleagues.


                Amendment No. 2448 to Amendment No. 2383

  Finally, Mr. President, I ask that the pending amendment be set aside 
and I call up amendment No. 2448.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 2448 to amendment No. 2383.

  Mr. SCHUMER. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To increase the domestic supply of nurses and physical 
                  therapists, and for other purposes)

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

     SEC. 536. INCREASING THE DOMESTIC SUPPLY OF NURSES AND 
                   PHYSICAL THERAPISTS THROUGH THE RECAPTURE OF 
                   UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.

       Section 106(d) of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1996, 1997,'' after ``available in 
     fiscal year''; and
       (B) by inserting ``group I,'' after ``schedule A,'';
       (2) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
     after ``available in fiscal years''; and
       (3) by adding at the end the following:
       ``(4) Petitions.--The Secretary of Homeland Security shall 
     provide a process for reviewing and acting upon petitions 
     with respect to immigrants described in schedule A not later 
     than 30 days after the date on which a completed petition has 
     been filed.''.

  Mr. SCHUMER. Mr. President, it should be a secret to no one that DHS 
is far behind in processing visas. One consequence of these lags is 
that thousands of visas go unused every year. This amendment takes 
approximately 61,000 of these unused visas from past years and 
allocates them for two professions that have been hit very hard by the 
visa crisis: nurses and physical therapists. Hospitals in New York, 
from the large ones in New York City to the small rural ones upstate, 
and hospitals around the country are feeling the crunch from the huge 
nursing

[[Page 20393]]

shortage. There are now more than 100,000 nurse vacancies nationwide, 
by some counts.
  This amendment doesn't do anything to change existing law, and 
doesn't--I repeat, doesn't--create a single new visa. It is a one-time 
fix that does one thing: It takes one small pool of existing visas that 
now isn't being used and sets it aside for two professions that 
desperately need the help.
  I look forward to working with the committee on these amendments, as 
I believe they are important additions to the great work the committee 
has already done. I will ask for the yeas and nays at the appropriate 
time.
  I yield the floor.
  Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. DOLE. Mr. President, I ask unanimous consent that the pending 
amendment be temporarily set aside in order for me to offer two 
amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 2462 to Amendment No. 2383

  Mrs. DOLE. Mr. President, I call up amendment No. 2462, which is at 
the desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from North Carolina [Mrs. Dole] proposes an 
     amendment numbered 2462 to amendment No. 2383.

  Mrs. DOLE. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To require that not less than $5,400,000 of the amount 
 appropriated to United States Immigration and Customs Enforcement be 
   used to facilitate agreements described in section 287(g) of the 
                    Immigration and Nationality Act)

       On page 16, line 1, strike ``may'' and insert ``shall''.

  Mrs. DOLE. Mr. President, the underlying DHS appropriations bill 
makes available $5 million for facilitating 287(g) agreements. As the 
bill is currently written, the Secretary of DHS could ignore the will 
of Congress and refuse to use the money to facilitate 287(g) 
agreements. The current amendment would simply require that the 
Secretary use this funding for its intended purpose.
  I ask unanimous consent that this amendment be temporarily laid aside 
so that I may call up my second amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 2449 to Amendment No. 2383

  Mrs. DOLE. Mr. President, I send to the desk my amendment No. 2449.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from North Carolina [Mrs. Dole] proposes an 
     amendment numbered 2449 to amendment No. 2383.

  Mrs. DOLE. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To set aside $75,000,000 of the funds appropriated for 
training, exercise, technical assistance, and other programs under the 
 heading State and local programs for training consistent with section 
             287(g) of the Immigration and Nationality Act)

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

  Mrs. DOLE. Mr. President, the underlying bill provides over $51 
million for training to support implementation of 287(g) agreements. My 
amendment would make an additional $75 million available for this 
purpose by providing that a portion of the $294 million already 
appropriated under the bill for general State and local training grants 
be used specifically for 287(g) training.
  Mr. President, in recent months, I have heard from local law 
enforcement officials from every corner of my home State of North 
Carolina who, frankly, have had it. They are fed up. They are fed up 
because they are powerless to bring justice to illegal aliens who are 
committing crimes, such as drinking and driving and gang-related 
activity. They are fed up that Federal agents lack the manpower to help 
them process these criminals. They are fed up with the catch and 
release of dangerous individuals. Local law enforcement officers are 
fed up that when they try to solve these serious problems--that is, 
they seek authority under a program called 287(g) to process illegal 
aliens who committed crimes--they are put through the bureaucratic 
ringer and often turned away.
  Why would the Department of Homeland Security deny our local law 
enforcement agencies the tools that are readily available to them under 
current law that would help address major challenges in their 
communities? Most simply, the answer is funding. Immigration and 
Customs Enforcement, or ICE, does not have the money to train and 
provide assistance to these local entities that are textbook examples 
of places that desperately need 287(g) status.
  In the aftermath of the immigration debate, it is abundantly clear 
Americans have no confidence that their Government is taking the 
critical steps to secure our borders or enforce the laws on the books. 
The public will continue to distrust and rightly reject any so-called 
comprehensive immigration reform until they wholeheartedly believe 
these steps have been taken to keep their communities and families 
safe.
  The 287(g) program is an invaluable tool to achieving these goals, 
and it should be fully utilized. My amendments will help ensure that it 
is fully utilized, and without actually increasing the cost of the 
bill. I repeat, my amendments do not add any cost to this legislation.
  I urge my colleagues to support these measures, and I truly hope 
these commonsense amendments are fully considered.
  Mr. President, I ask unanimous consent that my amendment be laid 
aside, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.


                Amendment No. 2476 to Amendment No. 2383

  Mr. COCHRAN. Mr. President, a moment ago, the Senator from Iowa, Mr. 
Grassley, was speaking and described an amendment to require the 
Secretary of Homeland Security to establish reasonable regulations 
relating to stored quantities of propane. On his behalf, I send that 
amendment to the desk and ask that it be reported.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. 
     Grassley, proposes an amendment numbered 2476 to amendment 
     No. 2383.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To require the Secretary of Homeland Security to establish 
    reasonable regulations relating to stored quantities of propane)

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

     SEC. 536. CHEMICAL FACILITY ANTITERRORISM STANDARDS.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds in this Act may be used to enforce the interim 
     final regulations relating to stored quantities of propane 
     issued under section 550(a) of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note), 
     including the regulations relating to stored quantities of 
     propane in an amount more than 7,500 pounds under Appendix A 
     to part 27 of title 6, Code of Federal Regulations, until the 
     Secretary of Homeland Security amends such regulations to 
     provide an exemption for agricultural producers, rural 
     homesteads, and small business concerns (as that term is 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)) that store propane in an amount more than 7,500 pounds 
     and not more than 100,800 pounds.
       (b) Exceptions.--

[[Page 20394]]

       (1) Immediate or imminent threat.--Subsection (a) shall not 
     apply if the Secretary of Homeland Security submits a report 
     to Congress outlining an immediate or imminent threat against 
     such stored quantities of propane in rural locations.
       (2) Quantity.--Subsection (a) shall not apply to any action 
     by the Secretary of Homeland Security to enforce the interim 
     final regulations described in that subsection relating to 
     stored quantities of propane, if the stored quantity of 
     propane is more than 100,800 pounds.
       (c) Rule of Construction.--Except with respect to stored 
     quantities of propane, nothing in this section may be 
     construed to limit the application of the interim final 
     regulations issued under section 550(a) of the Department of 
     Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 
     note).

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the 
amendment be set aside for consideration later.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 2386 to Amendment No. 2383

  Mrs. MURRAY. Mr. President, I call up amendment No. 2386 on behalf of 
Senator Feinstein.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for Mrs. 
     Feinstein, proposes an amendment numbered 2386 to amendment 
     No. 2383.

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To amend title 18, United States Code, to make technical 
      corrections to the new border tunnels and passages offense)

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

     SEC. __. TECHNICAL CORRECTIONS.

       (a) In General.--
       (1) Redesignations.--Chapter 27 of title 18, United States 
     Code, is amended by redesignating section 554 added by 
     section 551(a) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389) 
     (relating to border tunnels and passages) as section 555.
       (2) Table of sections.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by striking 
     the item relating to section 554, ``Border tunnels and 
     passages'', and inserting the following:

``555. Border tunnels and passages.''.

       (b) Criminal Forfeiture.--Section 982(a)(6)of title 18, 
     United States Code, is amended by striking ``554'' and 
     inserting ``555''.
       (c) Directive to the United States Sentencing Commission.--
     Section 551(d) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
     is amended in paragraphs (1) and (2)(A) by striking ``554'' 
     and inserting ``555''.

  Mrs. MURRAY. Mr. President, I believe this amendment has been cleared 
on both sides.
  Mr. COCHRAN. Mr. President, we have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 2386.
  The amendment (No. 2386) was agreed to.
  Mrs. MURRAY. I move to reconsider the vote.
  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


         Amendment No. 2387, as Modified, to Amendment No. 2383

  Mrs. MURRAY. Mr. President, I call up amendment No. 2387 on behalf of 
Senator Feinstein and send a modification to the desk.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for Mrs. 
     Feinstein, proposes an amendment numbered 2387, as modified, 
     to amendment No. 2383.

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill:

     SEC. __. SEXUAL ABUSE.

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

  Mrs. MURRAY. Mr. President, I believe this amendment has been cleared 
on both sides.
  Mr. COCHRAN. Mr. President, we have no objection to the amendment.
  The PRESIDING OFFICER (Mr. Salazar). If there is no further debate, 
the question is on agreeing to amendment No. 2387, as modified.
  The amendment (No. 2387), as modified, was agreed to.
  Mrs. MURRAY. I move to reconsider the vote.
  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                Amendment No. 2430 to Amendment No. 2383

  Mrs. MURRAY. Mr. President, I call up amendment No. 2430 on behalf of 
Senator Cornyn.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for Mr. Cornyn, 
     proposes an amendment numbered 2430 to amendment No. 2383.

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To provide for the control and management of Arundo donax, 
                  commonly known as ``Carrizo cane'')

       At the appropriate place, insert the following:

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

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

  Mrs. MURRAY. Mr. President, I believe this amendment as well has been 
cleared on both sides.
  Mr. COCHRAN. Mr. President, we have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 2430.
  The amendment (No. 2430) was agreed to.
  Mrs. MURRAY. I move to reconsider the vote.

[[Page 20395]]


  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


         Amendment No. 2425, as Modified, to Amendment No. 2383

  Mrs. MURRAY. Mr. President, I call up amendment No. 2425 on behalf of 
Senator McCaskill and send a modification to the desk.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for Mrs. 
     McCaskill, proposes an amendment numbered 2425, as modified, 
     to amendment No. 2383.

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill:

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

       Not later than 30 days after the date of enactment of this 
     Act--
       (1) the Secretary of Homeland Security shall establish and 
     maintain on the homepage of the website of the Department of 
     Homeland Security, a direct link to the website of the Office 
     of Inspector General of the Department of Homeland Security; 
     and
       (2) the Inspector General of the Department of Homeland 
     Security shall establish and maintain on the homepage of the 
     website of the Office of Inspector General a direct link for 
     individuals to anonymously report waste, fraud, or abuse.

  Mrs. MURRAY. Mr. President, I believe this amendment as well has been 
cleared on both sides.
  Mr. COCHRAN. Mr. President, we have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 2425, as modified.
  The amendment (No. 2425), as modified, was agreed to.
  Mrs. MURRAY. I move to reconsider the vote.
  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


         Amendment No. 2390, as Modified, to Amendment No. 2383

  Mrs. MURRAY. Mr. President, I call up amendment No. 2390 on behalf of 
Senator Clinton and send a modification to the desk.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for Mrs. 
     Clinton, proposes an amendment numbered 2390, as modified, to 
     amendment No. 2383.

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill insert the following:
       Sec. ___. The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).

  Mrs. MURRAY. Mr. President, I believe this amendment as well has been 
cleared on both sides.
  Mr. COCHRAN. Mr. President, we have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate on the 
amendment, the question is on agreeing to the amendment No. 2390, as 
modified.
  The amendment (No. 2390), as modified, was agreed to.
  Mrs. MURRAY. I move to reconsider the vote.
  Mr. COCHRAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. MURRAY. Mr. President, we have made some progress on the 
Homeland Security appropriations bill today. We just adopted some 
amendments and worked our way through several issues today. A number of 
Senators have offered amendments tonight. I hope that early tomorrow 
morning we can go to those amendments and get votes on them and begin 
to move this bill.
  The majority leader has made it very clear to all of us that he wants 
this bill completed this week, and we intend to do that. If any 
Senators have amendments they would like to offer, we encourage them to 
come as early as possible tomorrow to get them offered so we can work 
our way through them and finish this bill in a timely manner.
  Mr. KERRY. Mr. President, I ask unanimous consent to have a letter 
from the Professional Services Council in support of my amendment to 
apply standard contracting laws to the Transportation Security 
Administration printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                Professional Services Council,

                                     Arlington, VA, July 24, 2007.
     Hon. John Kerry,
     Hon. Olympia Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senators Kerry and Snowe: During the Senate's 
     consideration of the fiscal year 2008 Homeland Security 
     Appropriations Act, we understand that you will offer an 
     amendment to repeal the provision in the Aviation and 
     Transportation Security Act (P.L 107-71) that the 
     Transportation Security Administration's procurements are to 
     be governed exclusively by the Federal Aviation 
     Administration's Acquisition Management System (AMS) and are 
     specifically exempt from coverage of most of the Federal 
     procurement laws and the Federal Acquisition Regulations 
     (FAR). This amendment is identical to the provision you 
     offered and the Senate adopted by voice vote last year during 
     the Senate's consideration of the fiscal year 2007 Homeland 
     Security Act; regrettably the provision was not enacted into 
     law.
       As you know, the Professional Services Council (PSC) is the 
     principal national trade association for companies providing 
     services to virtually every agency of the Federal government. 
     Many of our member companies now do business with the 
     Transportation Security Administration (TSA) and other 
     components of the Department of Homeland Security. On behalf 
     of the more than 220 member companies, thank you for the 
     invitation to provide our views on this amendment.
       On behalf of PSC, we support this amendment. Bringing TSA 
     at least under the common rules applicable to the Department 
     of Homeland Security and to the preponderance of the federal 
     agencies will increase competition, expand opportunities for 
     greater small business participation, provide greater 
     accountability and transparency in their procurement 
     processes, and provide greater options for addressing the 
     challenges of the department's acquisition workforce. Indeed, 
     there are clear advantages for all parties when agencies 
     operate under common rules and procedures. Moreover, as TSA 
     seeks to train its current workforce and further expand its 
     acquisition workforce, the degree of commonality between its 
     acquisition procedures and other federal agency practices 
     will have a real effect on the cost and efficiencies of 
     bringing in skilled professionals.
       We appreciate your leadership on this matter. If you have 
     any questions or need any additional information, please do 
     not hesitate to let me know.
           Sincerely,
                                              Alan Chvotkin, Esq.,
                                Senior Vice President and Counsel.


                           amendment no. 2405

  Mr. WARNER. Mr. President, I am pleased to join with my colleague 
Senator Alexander as a cosponsor of his important amendment. I 
understand that Senator Collins and Senator Voinovich are also 
cosponsors.
  This amendment is simple. It provides funding--$300 million--for 
grants to the States for the continued development and implementation 
of the REAL ID program. This funding is fully offset by an across the 
board reduction of all discretionary amounts included in the underlying 
bill.
  Mr. President, the REAL ID program is critical for our national 
security.
  We know, from history, that the duplication and falsification of 
drivers' licenses is a reality, and this fact is a national security 
concern. As you may recall, all but one of the 9/11 hijackers obtained 
some form of U.S. identification--some by fraudulent means--which aided 
them in boarding commercial flights. We need confidence that the 
individual that displays this card is, in fact, the rightful owner of 
it. And this card, the REAL ID, will provide that confidence.
  The proposed regulation for the REAL ID program sets out common 
standards for the security and information on the card itself. These 
standards require: minimum data visible on the card, such as full 
names; verification of identity documents, such as birth certificates 
and Social Security numbers;

[[Page 20396]]

physical security features embedded in the card to protect privacy and 
make tampering more difficult; security of manufacturing facilities and 
background checks for employees handling these applications and cards.
  In my view, the Federal Government must be a good working partner 
with the States, and this amendment, which provides funding for the 
program, is a step in the right direction. We must proceed with this 
program on a partnership concept of States and the Federal Government 
working together. For that reason, I am pleased to learn that the 
National Governors Association supports this amendment. This program is 
an important step in achieving some type of identification that will 
help America feel more secure in our daily requirements to identify 
ourselves and to otherwise conduct our life here at home.
  Mr. SPECTER. Mr. President, I seek recognition to offer my support 
for the amendment to be offered by Senator Casey with regard to 
homeland security grant timelines. This amendment would lengthen the 
amount of time available to obligate funds provided in fiscal year 2008 
under the State Homeland Security Grant Program and the Rail and 
Transit Security Grant Program from a maximum of 36 months to a maximum 
of 48 months.
  I am advised that several transit agencies have encountered problems 
obligating homeland security grant funding within the current 
timetable, particularly for large and complex projects such as 
installing underground emergency communications networks in subway 
tunnels.
  The Southeastern Pennsylvania Transit Authority, SEPTA, in 
particular, has encountered problems which have thus far prevented it 
from being able to utilize federal homeland security grant dollars to 
install an emergency communications network in its 20-mile subway 
tunnel system which runs underneath portions of the city of 
Philadelphia. The absence of a communications system capable of 
functioning underground severely limits the ability of SEPTA and first 
responders to deal with a potential emergency in Philadelphia's subway 
tunnels and does not provide an adequate level of protection for the 
traveling public.
  Specifically, SEPTA claims that a 3-year period is not sufficient 
time to coordinate regional interoperability issues with the city of 
Philadelphia and the surrounding first responder agencies. It is my 
understanding that preliminary engineering requirements and the time 
associated with procuring the necessary technology further compound the 
problem. Finally, SEPTA claims that it does not receive enough homeland 
security grant funding in a 3-year period to complete such a complex 
project.
  This amendment will provide SEPTA and other transit agencies in 
similar predicaments with additional time to plan, coordinate, secure 
technology for and fund important and complex projects such as 
underground communications systems. I urge my colleagues to support 
this amendment.

                          ____________________




                            MORNING BUSINESS

  Mrs. MURRAY. Mr. President, I ask unanimous consent that there now be 
a period for the transaction of morning business, with Senators 
permitted to speak therein for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       HONORING OUR ARMED FORCES

  Mrs. BOXER. Mr. President, today I rise to pay tribute to 55 young 
Americans who have been killed in Iraq since April 28, 2007. This 
brings to 777 the number of soldiers who were either from California or 
based in California who have been killed while serving our country in 
Iraq. This represents 21 percent of all U.S. deaths in Iraq.
  PFC Jay-D H. Ornsby-Adkins, 21, died on April 28 in Salman Pak, Iraq, 
of injuries sustained when an improvised explosive device detonated 
near his military vehicle and then encountered small arms fire. Private 
First Class Ornsby-Adkins was assigned to D Company, 1st Battalion, 
15th Infantry Regiment, 3rd Infantry Division, Fort Benning, GA. He was 
from Ione, CA.
  1LT Travis L. Manion, 26, died on April 29 while conducting combat 
operations in Al Anbar Province, Iraq. First Lieutenant Manion was 
assigned to 1st Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Camp Pendleton, CA.
  SPC Astor A. Sunsin-Pineda, 20, died on May 2 in Baghdad, Iraq, when 
an improvised explosive device detonated near his military vehicle. 
Specialist Sunsin-Pineda was assigned to A Company, 4th Brigade Special 
Troops Battalion, 1st Infantry Division, Fort Riley, KS. He was from 
Long Beach, CA.
  SGT Felix G. Gonzalez-Iraheta, 25, died May 3 in Baghdad, Iraq, of 
wounds suffered when his unit came in contact with enemy forces using 
small arms fire. Sergeant Gonzalez-Iraheta was assigned to the 1st 
Battalion, 18th Infantry Regiment, 2nd Brigade Combat Team, 1st 
Infantry Division, Schweinfurt, Germany. He was from Sun Valley, CA.
  Cpl Charles O. Palmer II, 36, died May 5 while conducting combat 
operations in Al Anbar Province, Iraq. Corporal Palmer was assigned to 
8th Communication Battalion, II Marine Expeditionary Force Headquarters 
Group, II MEF, Camp Lejeune, NC. He was from Manteca, CA.
  PFC William A. Farrar Jr., 20, died May 11 in Al Iskandariyah, Iraq, 
of wounds suffered when an improvised explosive device detonated near 
his vehicle. Private First Class Farrar was assigned to the 127th 
Military Police Company, 709th Military Police Battalion, 18th Military 
Police Brigade, Darmstadt, Germany. He was from Redlands, CA.
  SPC Rhys W. Klasno, 20, died May 13 in Haditha, Iraq, of wounds 
suffered when an improvised explosive device detonated near his 
vehicle. Specialist Klasno was assigned to the 1114th Transportation 
Company, Bakersfield, CA. He was from Riverside, CA.
  SGT Steven M. Packer, 23, died May 17 in Rushdi Mullah, Iraq, of 
wounds suffered when his dismounted patrol encountered an improvised 
explosive device. Sergeant Packer was assigned to the 2nd Battalion, 
14th Infantry Regiment, 2nd Brigade Combat Team, 10th Mountain 
Division, Fort Drum, NY. He was from Clovis, CA.
  PFC Victor M. Fontanilla, 23, died May 17 in Iskandariya, Iraq, of 
wounds suffered when an improvised explosive device detonated near his 
vehicle. Private First Class Fontanilla was assigned to the 725th 
Brigade Support Battalion, 4th Brigade Combat Team, 25th Infantry 
Division, Fort Richardson, AK. He was from Stockton, CA.
  SSG Christopher Moore, 28, died May 19 in Baghdad, Iraq, of wounds 
suffered when an improvised explosive device detonated near his 
vehicle. Staff Sergeant Moore was assigned to the 1st Battalion, 5th 
Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, Fort 
Hood, TX. He was from Alpaugh, CA.
  PFC Joseph J. Anzack, Jr., 20, died in Al Taqa, Iraq. Private First 
Class Anzack was initially reported as Duty Status Whereabouts Unknown 
on May 12, 2007, when his patrol received small arms fire and 
explosives. Private First Class Anzack was assigned to D Company, 4th 
Battalion, 31st Infantry Regiment, 10th Mountain Division, Fort Drum, 
NY. He was from Torrance, CA.
  PFC Daniel P. Cagle, 22, died in Balad, Iraq, died May 23 of wounds 
suffered when an improvised explosive device detonated near his unit in 
Ramadi, Iraq. Private First Class Cagle was assigned to the 3rd 
Battalion, 69th Armor Regiment, 1st Brigade Combat Team, 3rd Infantry 
Division, Fort Stewart, GA. He was from Carson, CA.
  CPL Victor H. Toledo Pulido, 22, died May 23 in Al Nahrawan, Iraq, of 
wounds suffered when an improvised explosive device detonated near his 
vehicle. Corporal Toledo Pulido was assigned to 3d Squadron, 1st 
Cavalry Regiment, 3rd Brigade Combat Team, 3rd Infantry Division, 
Mechanized, Fort Benning, GA. He was from Hanford, CA.
  SPC Gregory N. Millard, 22, died on May 26 in Salah Ad Din Province, 
Iraq, of injuries sustained when an improvised explosive device 
detonated near his military vehicle. Specialist Millard

[[Page 20397]]

was assigned to A Company, 2nd Battalion, 505th Parachute Infantry 
Regiment, 82nd Airborne Division, Fort Bragg, NC. He was from San 
Diego, CA.
  SGT Clayton G. Dunn II, 22, died on May 26 in Salah Ad Din Province, 
Iraq, of injuries sustained when an improvised explosive device 
detonated near his military vehicle. Sergeant Dunn was assigned to A 
Company, 2nd Battalion, 505th Parachute Infantry Regiment, 82nd 
Airborne Division, Fort Bragg, NC. He was from Moreno Valley, CA.
  SPC Mark R. C. Caguioa, 21, died on May 24 at the National Naval 
Medical Center, Bethesda, MD, died of injuries sustained on May 4, 
2007, in Baghdad, Iraq, when an improvised explosive device detonated 
near his military vehicle. Specialist Caguioa was assigned to B 
Company, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, 
Fort Hood, TX. He was from Stockton, CA.
  SGT Nicholas R. Walsh, 27, died May 26 from wounds suffered while 
conducting combat operations in Al Anbar Province, Iraq. Sergeant Walsh 
was assigned to the 1st Reconnaissance Battalion, 1st Marine Division, 
I Marine Expeditionary Force, Camp Pendleton, CA.
  LCpl Emmanuel Villarreal, 21, died May 27 from a nonhostile vehicle 
accident at Kuwait Naval Base, Kuwait. Lance Corporal Villarreal was 
assigned to Battalion Landing Team 1st Battalion, 11th Marine Regiment, 
13th Marine Expeditionary Unit, I Marine Expeditionary Force, Camp 
Pendleton, CA.
  SSG Thomas M. McFall, 36, died May 28 in Baghdad, Iraq, of wounds 
suffered when an improvised explosive device detonated near his 
position during a dismounted patrol. Staff Sergeant McFall was assigned 
to the 1st Battalion, 38th Infantry Regiment, 4th Brigade, 2nd Infantry 
Division, Stryker Brigade Combat Team, Fort Lewis, WA. He was from 
Glendora, CA.
  SPC Alexandre A. Alexeev, 23, died on May 28, in Abu Sayda, Iraq when 
an improvised explosive device detonated near his military vehicle. 
Specialist Alexeev was assigned to A Troop, 6th Squadron, 9th Cavalry 
Regiment, 1st Cavalry Division, Fort Hood, TX. He was from Wilmington, 
CA.
  SPC Doonewey White, 26, died on May 29 in Balad, Iraq, of injuries 
sustained on May 28, 2007, in Baghdad, Iraq, when a vehicle-borne 
improvised explosive device detonated near his vehicle. Specialist 
White was assigned to B Troop, 2nd Battalion, 5th Cavalry Regiment, 1st 
Cavalry Division, Fort Hood, TX. He was from Milpitas, CA.
  SPC Romel Catalan, 21, of California, died on June 2 in Ameriyah, 
Iraq, when an improvised explosive device detonated near his vehicle. 
Specialist Catalan was assigned to A Company, 1st Battalion, 23rd 
Infantry Regiment, 2nd Infantry Division, Fort Lewis, WA. He was from 
Los Angeles, CA.
  SGT Shawn E. Dressler, 22, died on June 2, in Baghdad, Iraq, when an 
improvised explosive device detonated near his vehicle. Sergeant 
Dressler was assigned to A Company, 1st Battalion, 18th Infantry 
Regiment, 1st Infantry Division, Schweinfurt, Germany. He was from 
Santa Maria, CA.
  SSG Greg P. Gagarin, 38, died June 3 in Thania, Iraq, of wounds 
suffered when an improvised explosive device detonated near his 
vehicle. Staff Sergeant Gagarin was assigned to the 1st Battalion, 37th 
Field Artillery Regiment, 3rd Brigade, 2nd Infantry Division, Stryker 
Brigade Combat Team, Fort Lewis, WA. He was from Los Angeles, CA.
  SGT Andrews J. Higgins, 28, died June 5 in Baqubah, Iraq, of wounds 
suffered when his unit came in contact with enemy forces using small 
arms fire. Sergeant Higgins was assigned to the 5th Battalion, 20th 
Infantry Regiment, 3rd Brigade, 2nd Infantry Division, Stryker Brigade 
Combat Team, Fort Lewis, WA. He was from Hayward, CA.
  PFC Justin A. Verdeja, 20, died June 5 in Baghdad, Iraq, of wounds 
suffered when his unit was attacked by insurgents using small arms 
fire. Private First Class Verdeja was assigned to the 2nd Battalion, 
12th Infantry Regiment, 2nd Brigade Combat Team, 2nd Infantry Division, 
Fort Carson, CO. He was from La Puente, CA.
  PFC Cameron K. Payne, 22, died June 11 in Balad, Iraq, of wounds 
suffered from an improvised explosive device that detonated near his 
vehicle during combat operations in Baghdad, Iraq. Private First Class 
Payne was assigned to the 2nd Battalion, 16th Infantry Regiment, 4th 
Infantry Brigade Combat Team, 1st Infantry Division, Fort Riley, KS. He 
was from Corona, CA.
  LCpl Johnny R. Strong, 21, died June 12 while conducting combat 
operations in Al Anbar province, Iraq. Lance Corporal Strong was 
assigned to 2nd Battalion, 7th Marine Regiment, 1st Marine Division, 
Twentynine Palms, CA.
  SPC Damon G. LeGrand, 27, died June 12 in Baqubah, Iraq, of wounds 
suffered when insurgents attacked his unit with anti-tank mines, 
rocket-propelled grenades and small arms fire in Baghdad, Iraq. 
Specialist LeGrand was assigned to the 571st Military Police Company, 
504th Military Police Battalion, 42nd Military Police Brigade, Fort 
Lewis, WA. He was from Lakeside, CA.
  SPC Josiah W. Hollopeter, 27, died June 14 in Balad, Iraq, of wounds 
suffered when his unit was attacked by insurgents using small arms fire 
in Al Muqdadiyah, Iraq. Specialist Hollopeter was assigned to the 6th 
Squadron, 9th Cavalry Regiment, 3rd Brigade Combat Team, 1st Cavalry 
Division, Fort Hood, TX. He was from San Diego, CA.
  SGT Derek T. Roberts, 24, died on June 14, in Kirkuk, Iraq, when an 
improvised explosive device detonated near his vehicle. Sergeant 
Roberts was assigned to B Company, 2nd Battalion, 35th Infantry 
regiment, 25th Infantry Division, Schofield Barracks, HI. He was from 
Gold River, CA.
  SSG Stephen J. Wilson, 28, died June 20 while conducting combat 
operations in Al Anbar Province, Iraq. Staff Sergeant Wilson was 
assigned to Combat Logistics Battalion 13, 13th Marine Expeditionary 
Unit, I Marine Expeditionary Force, Camp Pendleton, CA.
  SGT Shawn P. Martin, 30, died June 20 while conducting combat 
operations in Al Anbar Province, Iraq. Sergeant Martin was assigned to 
Combat Logistics Battalion 13, 13th Marine Expeditionary Unit, I Marine 
Expeditionary Force, Camp Pendleton, CA.
  PFC Raymond N. Spencer Jr., 23, died June 21 in Baghdad, Iraq, of 
wounds suffered when his unit was attacked by insurgents using an 
improvised explosive device and small arms fire. Private First Class 
Spencer was assigned to the 2nd Battalion, 12th Cavalry Regiment, 4th 
Brigade Combat Team, 1st Cavalry Division, Fort Bliss, TX. He was from 
Carmichael, CA.
  PVT Shane M. Stinson, 23, died on June 23, in Baghdad, Iraq, of 
injuries sustained when his mounted patrol encountered an improvised 
explosive device and small arms fire. Private Stinson was assigned to 
the 2nd Battalion, 69th Armor Regiment, 3rd Infantry Division, Fort 
Benning, GA. He was from Fullerton, CA.
  PFC Cory F. Hiltz, 20, died June 28 of wounds sustained when his unit 
was attacked in Baghdad by insurgents using improvised explosive 
devices. Private First Class Hiltz was assigned to the 2nd Battalion, 
12th Infantry Regiment, 2d Brigade Combat Team, 2d Infantry Division, 
Fort Carson, CO. He was from La Verne, CA.
  SGT Giann C. Joya Mendoza, 27, died June 28 of wounds sustained when 
his unit was attacked in Baghdad by insurgents using improvised 
explosive devices. Sergeant Joya Mendoza was assigned to the 2nd 
Battalion, 12th Infantry Regiment, 2d Brigade Combat Team, 2d Infantry 
Division, Fort Carson, CO. He was from North Hollywood, CA.
  SGT Michael J. Martinez, 24, died June 28 of wounds sustained when 
his unit was attacked in Baghdad by insurgents using improvised 
explosive devices. Sergeant Martinez was assigned to the 2nd Battalion, 
12th Infantry Regiment, 2d Brigade Combat Team, 2d Infantry Division, 
Fort Carson, CO. He was from Chula Vista, CA.
  SGT Shin W. Kim, 23, died June 28 of wounds sustained when his unit 
was attacked in Baghdad by insurgents using improvised explosive 
devices. Sergeant Kim was assigned to the 2nd Battalion, 12th Infantry 
Regiment, 2nd Brigade Combat Team, 2d Infantry Division, Fort Carson, 
CO. He was from Fullerton, CA.

[[Page 20398]]

  SPC Victor A. Garcia, 22, died July 1 in Baghdad, Iraq, of wounds 
suffered from enemy small arms fire. Specialist Garcia was assigned to 
the 1st Battalion, 38th Infantry Regiment, 4th Brigade, 2nd Infantry 
Division, Stryker Brigade Combat Team, Fort Lewis, WA. He was from 
Rialto, CA.
  SSG Michael L. Ruoff Jr., 31, died July 1 in Ta'meem, Iraq, of wounds 
sustained from enemy small arms fire. Staff Sergeant Ruoff was assigned 
to the 1st Battalion, 77th Armor Regiment, 2nd Brigade Combat Team, 1st 
Infantry Division, Schweinfurt, Germany. He was from Yosemite, CA.
  LCpl Juan M. Garcia Schill, 20, died July 2 while conducting combat 
operations in Al Anbar Province, Iraq. Lance Corporal Garcia Schill was 
assigned to 2nd Battalion, 7th Marine Regiment, 1st Marine Division, I 
Marine Expeditionary Force, Twentynine Palms, CA.
  Petty Officer First Class Steven Phillip Daugherty, 28, died July 6 
as a result of enemy action while conducting combat operations in the 
vicinity of Baghdad, Iraq. Petty Officer Daugherty was assigned to an 
East Coast-based SEAL team. He was from Barstow, CA.
  MAJ James M. Ahearn, 43, died July 5 when his vehicle struck an 
improvised explosive device in Baghdad, Iraq. Major Ahearn was assigned 
to 96th Civil Affairs Battalion, 95th Civil Affairs Brigade, Fort 
Bragg, NC. He was from Concord, CA.
  SPC Roberto J. Causor Jr., 21, died July 7 in Samarra, Iraq, of 
wounds suffered when insurgents attacked his unit with an improvised 
explosive device and small arms fire. Specialist Causor was assigned to 
the 2nd Battalion, 505th Parachute Infantry Regiment, 3rd Brigade 
Combat Team, 82nd Airborne Division, Fort Bragg, NC. He was from San 
Jose, CA.
  PFC Bruce C. Salazar, Jr., 24, died on July 6, in Muhammad Sath, 
Iraq, of injuries sustained when his dismounted patrol encountered an 
improvised explosive device. Private First Class Salazar was assigned 
to B Company, 1st Battalion, 30th Infantry Regiment, 3rd Infantry 
Division, Fort Stewart, GA. He was from Tracy, CA.
  LCpl Steven A. Stacy, 23, died July 5 from wounds suffered while 
conducting combat operations in Al Anbar Province, Iraq. Lance Corporal 
Stacy was assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine 
Division, I Marine Expeditionary Force, Camp Pendleton, CA.
  Cpl Jeremy D. Allbaugh, 21, died July 5 from wounds suffered while 
conducting combat operations in Al Anbar Province, Iraq. Corporal 
Allbaugh was assigned to 1st Battalion, 4th Marine Regiment, 1st Marine 
Division, I Marine Expeditionary Force, Camp Pendleton, CA.
  LCpl Angel R. Ramirez, 28, died February 21 at Marine Air Ground 
Combat Center, Twentynine Palms, CA, after being medically evacuated 
following a non-hostile incident in Al Qaim, Iraq, on December 21, 
2006. He was assigned to 3rd Battalion, 4th Marine Regiment, 1st Marine 
Division, I Marine Expeditionary Force, Twentynine Palms, CA. His 
passing was made public on July 10.
  SPC Eric M. Holke, 31, died on July 15, in Tallil, Iraq, when his 
vehicle overturned. Specialist Holke was assigned to A Company, 1st 
Battalion, 160th Infantry Regiment, 40th Infantry Division, Army 
National Guard, Fullerton, CA. He was from Crestline, CA.
  LCpl Shawn V. Starkovich, 20, died July 16 in Al Anbar Province, 
Iraq. Lance Corporal Starkovich was assigned to 3rd Battalion, 1st 
Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, 
Camp Pendleton, CA.
  SGT Ronald L. Coffelt, 36, died July 19 in Baghdad, Iraq, of wounds 
suffered from an improvised explosive device. Sergeant Coffelt was 
assigned to the 503rd Military Police Battalion, 16th Military Police 
Brigade, Airborne, XVIII Airborne Corps, Fort Bragg, NC. He was from 
Fair Oaks, CA.
  SFC Luis E. Gutierrez-Rosales, 38, died on July 18, in Adhamiyah, 
Iraq, of injuries sustained when his vehicle encountered an improvised 
explosive device and small arms fire. Sergeant First Class Gutierrez-
Rosales was assigned to A Company, 1st Battalion, 26th Infantry 
Regiment, 1st Infantry Division, Schweinfurt, Germany. He was from 
Bakersfield, CA.
  Cpl Christopher G. Scherer, 21, died July 21 from wounds suffered 
while conducting combat operations in Al Anbar Province, Iraq. Corporal 
Scherer was assigned to 1st Combat Engineer Battalion, 1st Marine 
Division, I Marine Expeditionary Force, Camp Pendleton, CA.
  SGT Shawn G. Adams, 21, died July 22, in Owaset, Iraq, of wounds 
suffered from an improvised explosive device. Sergeant Adams was 
assigned to the 3rd Battalion, 509th Parachute Infantry Regiment, 4th 
Brigade Combat Team, Airborne, 25th Infantry Division, Fort Richardson, 
AK. He was from Dixon, CA.
  I would also like to pay tribute to the four soldiers from California 
who have died while serving our country in Operation Enduring Freedom 
since April 28.
  SSG Joshua R. Whitaker, 23, died May 15 in Qalat, Afghanistan, of 
wounds suffered from enemy small arms fire. Staff Sergeant Whitaker was 
assigned to the 1st Battalion, 7th Special Forces Group, Fort Bragg, 
NC. He was from Long Beach, CA.
  SGT Charles E. Wyckoff, Jr., 28, died on June 6 in Helmand Province, 
Afghanistan, of injuries sustained when his dismounted patrol received 
small arms fire. Sergeant Wyckoff was assigned to C Company, 1st 
Battalion, 508th Parachute Infantry Regiment, 82nd Airborne Division, 
Fort Bragg, NC. He was from Chula Vista, CA.
  SGT Thomas P. McGee, 23, died July 6 of wounds sustained when his 
vehicle struck an improvised explosive device in Wazi Khwa, 
Afghanistan. Sergeant McGee was assigned to the 546th Military Police 
Company, 385th Military Police Battalion, Fort Stewart, GA. He was from 
Hawthorne, CA.
  SFC Sean K. Mitchell, 35, died July 7 in Kidal, Mali, of injuries 
sustained from a non-combat related incident. Sergeant Mitchell was 
assigned to the 1st Battalion, 10th Special Forces Group, Stuttgart, 
Germany. He was from Monterey, CA.


                Petty Officer First Class Jeffrey Chaney

  Mr. HAGEL. Mr. Presdient, I rise to express my sympathy over the loss 
of U.S. Navy Petty Officer First Class Jeffrey Chaney of Omaha, NE. 
Petty Officer First Class Chaney was killed on July 17 by an improvised 
explosive device in Salah Ad Din Province, Iraq. He was 35 years old.
  Petty Officer First Class Chaney graduated from Bellevue West High 
School in 1990. He enlisted in the Navy in 1993 and spent 4 years of 
his 14-year Navy career as a recruiter. Petty Officer First Class 
Chaney's passion for serving his country made him a strong recruiter. 
He was even able to recruit his brother Randy Chaney to the Navy.
  Petty Officer First Class Chaney was assigned to Explosive Ordnance 
Disposal Mobile Unit 11, based at Naval Air Station Whidbey Island, WA. 
His experience with ordnance disposal led to other experiences. He 
worked with Secret Service for President George H.W. Bush's 80th 
birthday celebration in 2004, where he met the former President and 
former Soviet leader Mikhail Gorbachev. He also assisted Secret Service 
with security during the 2004 Presidential election and met both 
President George W. Bush and Senator John Kerry. Petty Officer First 
Class Chaney had been in Iraq for two months. We are proud of Petty 
Officer First Class Chaney's service to our country, as well as the 
thousands of other brave Americans serving in Iraq.
  In addition to his brother Randy, Petty Officer First Class Chaney is 
survived by his daughter Brianna Chaney of Omaha, his father Larry 
Chaney of Bloomington, MN, his mother Connie Chaney of Omaha, and 
brother Jim Ecker of Oakland, IA.
  I ask my colleagues to join me and all Americans in honoring Petty 
Officer First Class Jeffrey Chaney.


                       Sergeant Jacob Schmuecker

  Mr. President, I also rise to express my sympathy over the loss of 
U.S. Army National Guard SGT Jacob Schmuecker of Norfolk, NE. Sergeant 
Schmuecker was killed on July 21 by an improvised explosive device in 
Balad, Iraq. He was 27 years old.
  Sergeant Schmuecker graduated from West Holt High School in 1999,

[[Page 20399]]

where he was a linebacker and defensive end on the football team. He 
attended Northeast Community College before he joined the Nebraska Army 
National Guard in 2001 as a member of the 134th Infantry Detachment in 
Lincoln, NE.
  He was mobilized for service in Iraq in August 2006 with the Nebraska 
National Guard's 755th Reconnaissance and Decontamination Company based 
in O'Neill, NE.
  Sergeant Schmuecker was a model leader. He had a strong concern for 
the men that he led and hoped that if anything were to happen, that it 
would happen to him. He inspired his brother Chris Shepperd to enlist 
and he would go on to serve in Iraq as well. We are proud of Sergeant 
Schmuecker's service to our country, as well as the thousands of other 
brave Americans serving in Iraq.
  Sergeant Schmuecker is survived by his wife Lisa and their three 
children, his parents Rodney and Patricia Schmuecker, three brothers, 
and three sisters.
  I ask my colleagues to join me and all Americans in honoring SGT 
Jacob Schmuecker.

                          ____________________




                     REMEMBERING LADY BIRD JOHNSON

  Mr. ROCKEFELLER. Mr. President, when Lady Bird Johnson passed away on 
the afternoon of July 11, 2007, the United States mourned the loss of a 
dignified and compassionate First Lady. Even though she is gone, she 
has left us with the legacy of her beautification of America. Through 
her diligent efforts, Mrs. Johnson was not only an advocate for the 
natural beauty of America but also of the beauty and strength of its 
people. Sharon and I extend our deepest sympathy to her daughters Lynda 
and Luci, their families, her friends, and all of those whose lives 
have been touched by her life's work.
  As President Lyndon B. Johnson entered the White House in one of our 
Nation's most harrowing moments, Mrs. Johnson stood by her husband with 
poise and courage that helped comfort a wounded nation. Her service to 
our country would go even further as she became a leading voice for 
preserving and defending America's natural resources. Here in the 
Nation's Capital, people can't help but be reminded of Mrs. Johnson's 
vigorous work to adorn Washington, DC, with flowers, giving us an 
aesthetic that all Americans could take pride in and enjoy.
  I have always shared Mrs. Johnson's deeply held love for the beauty 
of the United States, from the mountains of West Virginia to the plains 
of Texas. It was because of her commitment to the environment and the 
splendor of our country that the Beautification Act of 1965 was passed. 
She strove to line our highways with wildflowers and still found time 
to enjoy walking through the national parks that she fought to protect.
  In addition to her work with the environment, I truly admire her 
efforts to address poverty in the United States. Under President 
Johnson, the VISTA program was enacted, sending out volunteers to 
improve the conditions of impoverished communities. I can proudly say 
that as a VISTA volunteer in Emmons, WV, I saw firsthand the immense 
benefits of this program for participants and for the communities they 
serve.
  I will never forget her devotion to her husband, her family, and her 
country. I will never forget her passion fighting for civil rights and 
against poverty. Nor will I ever forget her determination to leave a 
beautiful America for future generations.
  Lady Bird Johnson, again, held my sincerest respect and appreciation. 
To her family and the people of Texas, I offer my deepest sympathies. 
Mrs. Johnson was a valuable public servant, an inspiration and a 
friend. More than anything else, she was an irreplaceable First Lady.

                          ____________________




                              MINIMUM WAGE

  Mr. MENENDEZ. Mr. President, I rise today to speak on the minimum 
wage increase, which takes effect today.
  Today, millions of hard-working Americans will finally receive the 
first increase of a $2.10 raise in the Federal minimum wage. Today, we 
are putting an end to a decade-long stagnant wage that has kept those 
who are working their hardest at the bottom of the ladder. Today, they 
are getting the chance that everyone in this country deserves--the 
opportunity to build a better life.
  Now, $2.10 may not sound like much to most Americans. But that small 
increase will make a difference in the pockets and in the lives of 
millions of Americans. Those $2.10 add up to more than $4,400 more 
every year enough to help a low-income family depending on a minimum 
wage income to afford 2 years of child care, a year and a half in 
utility bills, or a year of tuition at a public college.
  I am also proud that my State of New Jersey has not waited for 
Congress to do what is right. Instead, New Jersey has taken it upon 
itself to increase the State minimum wage far in advance of Congress, 
which now is at $7.15 per hour. New Jersey's minimum wage has given 
more than a quarter million workers the opportunity to build a better 
life for themselves and their families.
  And today, all Americans earning minimum wage will have that same 
opportunity to build a better life. In enacting the first minimum wage 
increase in over a decade, Congress took a critical first step towards 
correcting a grave injustice. For far too long, we have let some of our 
hardest working employees--those who prepare our food, clean our 
offices, treat us at the doctor, and guard our buildings at night--see 
their wages erode by 10 years of inflation.
  Ten years is far too long for those who work round the clock, hoping 
to save a little extra for groceries, for those working so they can buy 
school supplies or clothes for their children, or for those saving so 
one day they can live in a place they are proud to call home.
  Today, we should also commit that never again will we let this 
injustice persist for 10 years. The increase going into effect today is 
an important improvement, but it is not the end of the battle. An 
increase in the minimum wage is only part of the solution.
  We cannot ignore that the income gap has been widening--and now it 
has taken on a new twist. We no longer have inequality just between 
those living comfortably and those struggling to make ends meet. Income 
is now more concentrated at the top than it has been in the past 70 
years. In fact, as the wealthiest 1 percent have seen their income grow 
by 20 percent or more within the past few years, everyone else has seen 
their income grow by less than 4 percent.
  And that inequality is ever too real for women and minorities, who 
are more likely to be minimum wage earners.
  So while increasing the minimum wage is just one step toward closing 
the income gap, it is an important step.
  Ultimately, a wage increase is about fairness, about ensuring all 
Americans, not just those at the top, can share in the American dream.
  Before today, 13 million minimum wage workers did not have the chance 
to share in that dream.
  Before today, 4 million Latinos and African Americans earned less 
than $7.25 an hour with no expectation that their wages would rise.
  Before today, nearly 7 million women, who make up well over half of 
minimum wage workers, would not have seen their wages increase.
  And before today, a minimum wage earner with a family of three would 
be making $6,000 below the poverty level. Before today, that family 
would not have a way out of poverty and into prosperity.
  We have changed the course, not just for minimum wage workers but for 
our country. We have finally taken steps toward providing greater 
equality and given our hardest workers and their families the chance to 
earn a wage of dignity and respect.
  A wage increase is only a downpayment on our promise to all 
Americans--it is a preview of what is to

[[Page 20400]]

come. Democrats pledge to continue to change the course to ensure all 
Americans and their families have a fair shot at achieving the American 
dream.
  Thank you. I yield the floor

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                     RECOGNIZING IRVIN L. TRUJILLO

 Mr. DOMENICI. Mr. President, I wish to recognize Mr. Irvin L. 
Trujillo for receiving the National Endowment for the Arts National 
Heritage Fellowship Award. He is one of only 11 artists nationally 
recognized with this award for his work. The chairman of the NEA, Dana 
Gioia, will personally deliver the award to Mr. Trujillo this Sunday in 
Santa Fe. Mr. Trujillo, a Chimayo native, is part of the ever-growing 
population of talented artists that reside in New Mexico. He is a 
seventh-generation Chimayo weaver.
  Art is such a big part of the New Mexican way of life. Artists from 
all over the world dream of showcasing their art in one of the many New 
Mexico Art galleries. Art is a great outlet of creativity and emotion 
for those who experience its beauty and wonder. Art can take up many 
avenues; it can be a painting or a piece of pottery, a woven rug or 
even a photograph. New Mexico is home to many galleries featuring such 
pieces of art. I am proud to represent a State so full of culture and 
creativity.
  I am proud to be from a State with such a rich artistic culture. Taos 
and Santa Fe are famous for their world-renowned art galleries. Other 
areas of the State also demonstrate creative ideas. The deep Native 
American culture of New Mexico's tribes brings ornate turquoise jewelry 
and handmade pottery. Las Vegas and Ruidoso also have a vibrant art 
scene. New Mexico continues to be in the forefront of ever-evolving art 
community.
  Congratulations again, Mr. Trujillo, on your prestigious award. Thank 
you for your continued pledge to explore and demonstrate your artistic 
abilities for all of us to enjoy.

                          ____________________




                 RECOGNITION OF CHAIRMAN ALLEN FOREMAN

 Mr. SMITH. Mr. President, I wish to recognize the 
accomplishments of Chairman Allen Foreman, who has recently retired as 
chairman of the Klamath tribes in Klamath County, OR.
  During Chairman Foreman's 8-year tenure leading the tribe, he was 
instrumental in furthering the goals and aspirations of the Klamath 
tribal members. His leadership and vision were critical in the 
development of the new tribal headquarters in Chiloquin as well as a 
new dental, medical clinic and pharmacy and the construction of many 
new homes for tribal members.
  Chairman Foreman has shown his dedication to the tribe and to the 
people of Klamath County in many ways. His focus on rural economic 
development and his respect for our natural resources have earned him 
high respect in the community. Chairman Foreman is known as a man who 
can be trusted and a man who will work with anyone to accomplish a 
common goal for the good of the community. His devotion to the Klamath 
tribes is evident in the fact that while he has recently retired as 
chairman of the tribes, he will remain a member of the Tribal Council 
at large to continue his service to the tribes.
  Mr. President, I am extremely proud of the successes being exhibited 
by the Klamath tribes and I have thoroughly enjoyed working with 
Chairman Foreman. The Klamath tribes have a saying that proclaims, 
``The Klamath Tribes. . . . Respecting the Past. . . . Living the 
Present. . . . And Together we can work to build a brighter future!'' 
Chairman Allen Foreman has epitomized this mantra, and I am confident 
that his successor, Chairman Joseph Kirk, will follow in his footsteps 
and follow the path laid out by their Klamath tribes 
forefathers.

                          ____________________




                      TRIBUTE TO MORT BISHOP, JR.

 Mr. SMITH. Mr. President, as a native and resident of 
Pendleton, OR, I have enjoyed a lifelong affection for the Pendleton 
Round-Up, which is quite simply America's finest rodeo. Pendleton 
Woolen Mills locally based and family owned for more than 140 years has 
sponsored the Round-Up both financially and with merchandise for as 
long as I can remember. A great deal of credit for the continuing 
success of both the Round-Up and Woolen Mills is owed to the leadership 
and vision of
C.M. ``Mort'' Bishop, Jr. This remarkable Oregonian passed away on July 
11 at the age of 82. I wish to pay tribute to his life and legacy.
  Mort was a proud member of what has been termed the ``greatest 
generation'' and, like so many of that generation, he wore our 
country's uniform into battle during World War II. As a U.S. marine, 
Mort served with the 5th and 14th Battalions in the Pacific theater and 
participated in the liberation of Guam in July 1944.
  After returning home from the war, Mort joined the family business: 
Pendleton Woolen Mills. Mort helped guide this iconic Oregon company 
for nearly 50 years, eventually succeeding his father as company 
president. Most recently, Mort served next to his brother, `Brot,' as 
co-vice chairman.
  Even while managing a demanding business, Mort always found time to 
give back to his community and his State. From the Oregon Historical 
Society to the Boy Scouts of America, from Willamette University to the 
Oregon Wildlife Heritage Foundation and the University of Oregon 
Foundation, Mort generously gave his time, talent, and treasure to 
countless worthy causes. But let there be no doubt, the cause held 
closest to Mort's heart was the Pendleton Round Up. I knew that every 
September I could count on seeing Mort and his wonderful family 
enjoying the nearly 100-year-old rodeo.
  Mort also held a close friendship with the Confederated Tribes of the 
Umatilla Indian Reservation, who have played an integral role in the 
annual Round-Up. Indeed, the design inspirations for Pendleton Woolen 
Mills blankets originate on the Umatilla reservation. In 2001, Mort was 
honored as the grand marshall for the Round-Up's Westward Ho! Parade. 
The Umatilla and Nez Perce Indian tribes have also honored him with the 
Indian name ``Caacaa Kuta,'' which means ``just right doer of things.'' 
And just 2 months ago, Mort was inducted into the Pendleton Round-Up 
Hall of Fame.
  Mr. President, I am proud to have had Mort Bishop as a friend. I join 
with many other Oregonians in extending our condolences to Mort's 
family. Mort is survived by four children, nine grandchildren, two 
great-grandchildren, and his brother- and sister-in-law. As long as 
there is a Pendleton Round-Up and as long as there is a Pendleton 
Woolen Mills, Mort Bishop, Jr., will always be remembered as a ``just 
right doer of things.''

                          ____________________




                        HONORING BACKYARD FARMS

 Ms. SNOWE. Mr. President, I wish to celebrate an exceptional 
small business from my home State of Maine that is enabling New England 
consumers to enjoy fresh, locally grown, and healthy tomatoes on a 
year-round basis. Located in Madison, Backyard Farms is a large-scale 
tomato producer that has invested over $20 million into what is now 
Maine's largest building and one of the world's most technologically 
advanced facilities.
  Backyard Farms, which operates the largest greenhouse in New England, 
employs 115 hard-working individuals who collectively yield an 
astonishing 1 million tomatoes per week--which adds up to 7,700 tons of 
tomatoes annually. With New Englanders consuming an average of 300 
million fresh tomatoes per year, Backyard Farms has the potential to 
capture an extensive share of this market. Backyard Farms' tomatoes are 
certainly fresh, as it sells its product to stores less than 8 hours 
away. That means that tomatoes picked one day are on store shelves all 
across Maine and New England the next.
  In addition to its magnificent tomatoes, Backyard Farms is striving 
to make its facility a green--or energy efficient--building by using 
the most environmentally friendly technology

[[Page 20401]]

available. The 25-acre greenhouse uses efficient technologies including 
rainwater reclamation, high-efficiency boilers, and thermal blankets to 
produce juicy tomatoes. Furthermore, Backyard Farms utilizes natural 
methods to grow its wonderful produce. Bees take care of the 
pollination, and tomatoes are kept healthy by implementing biological 
controls, such as parasitic wraps and ladybugs, rather than pesticides 
and fungicides. The work of those at Backyard Farms proves that 
conservation does not necessarily have to hinder effectiveness and 
efficiency.
  Backyard Farms prides itself on the quality of its product. On each 
box of tomatoes shipped to local stores, it is written, ``wicked good 
tomatoes from right nearby.'' This motto emphasizes Backyard Farms' 
local nature and its commitment to the community through its highly 
sustainable business practices. Backyard Farms plans to build 3 to 4 
additional greenhouses on at least 17 more acres. This would allow 
Backyard Farms to increase its produce output to include cucumbers, 
peppers, eggplant, and culinary herbs. Such an expansion would have an 
immensely positive impact on the Maine economy by adding as many as 200 
new employees. I look forward to the groundbreaking for this expansion, 
scheduled to occur later this month.
  It is particularly inspirational that Backyard Farms has proven that 
a region known for its cooler temperatures and short growing season can 
in fact expand its agricultural production by combining advanced 
technologies with an innovative entrepreneurial spirit. Backyard Farms 
provides us with a paragon of smart economic development. I commend 
chief executive officer Peter Sellew, cofounder Arie van der Giessen, 
and all of the employees of Backyard Farm and wish them continued 
success and prosperity in the future.

                          ____________________




                        RECOGNIZING ZACHARY WEBB

 Mr. THUNE. Mr. President, today I recognize Zachary Webb, an 
intern in my Rapid City, SD, office, for all of the hard work he has 
done for me, my staff, and the State of South Dakota over the past 
several weeks.
  Zack is currently a student at El Segundo High School in El Segundo, 
CA. He is a hard worker who has been dedicated to getting the most out 
of his internship experience.
  I would like to extend my sincere thanks and appreciation to Zack for 
all of the fine work he has done and wish him continued success in the 
years to come.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mr. Williams, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




                        MESSAGES FROM THE HOUSE

                                 ______
                                 

                    ENROLLED JOINT RESOLUTION SIGNED

  At 10:15 a.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the Speaker 
has signed the following enrolled joint resolution:

       H.J. Res. 44. Joint resolution approving the renewal of 
     import restrictions contained in the Burmese Freedom and 
     Democracy Act of 2003, and for other purposes.
                                  ____

  At 12:21 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill, without amendment:

       S. 1868. An act to temporarily extend the programs under 
     the Higher Education Act of 1965, and for other purposes.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 190. Concurrent resolution authorizing 
     printing of the brochure entitled ``How Our Laws Are Made'', 
     the document-sized, annotated version of the United States 
     Constitution, and the pocket version of the United States 
     Constitution.
                                  ____

  At 3:56 p.m., a message from the House of Representatives, delivered 
by Mr. Hanrahan, one of its reading clerks, announced that the House 
has passed the following bill, in which it requests the concurrence of 
the Senate:

       H.R. 3074. An act making appropriations for the Departments 
     of Transportation, and Housing and Urban Development, and 
     related agencies for the fiscal year ending September 30, 
     2008, and for other purposes.

                          ____________________




                           MEASURES REFERRED

  The following bill was read, and referred as indicated:

       H.R. 835. An act to reauthorize the programs of the 
     Department of Housing and Urban Development for housing 
     assistance for Native Hawaiians; to the Committee on Banking, 
     Housing, and Urban Affairs pursuant to the order of May 27, 
     1988, for a period not to exceed 60 days.

                          ____________________




                    MEASURES PLACED ON THE CALENDAR

  The following bill was read the first and second times by unanimous 
consent, and placed on the calendar:

       H.R. 3074. An act making appropriations for the Departments 
     of Transportation, and Housing and Urban Development, and 
     related agencies for the fiscal year ending September 30, 
     2008, and for other purposes.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-2689. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Bacillus 
     Thuringiensis Vip3Aa19 Protein in Cotton; Exemption from the 
     Requirements of a Tolerance; Technical Amendment'' (FRL No. 
     8134-3) received on July 24, 2007; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-2690. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to terrorists 
     who threaten to disrupt the Middle East peace process; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-2691. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``In the 
     Matter of Amendment of Sections 73.62 and 73.1350 of the 
     Commission's Rules'' ((FCC 07-97)(MB Docket No. 03-151)) 
     received on July 24, 2007; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2692. A communication from the Chief, Policy and Rules 
     Division, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Wireless 
     Operations in the 3650-3700 MHz Band; Rules for Wireless 
     Broadband Services in the 3650-3700 MHz Band; Additional 
     Spectrum for Unlicensed Devices Below 900 MHz and in the 3 
     GHz Band'' ((FCC 07-99)(ET Docket No. 04-151)) received on 
     July 24, 2007; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2693. A communication from the Acting Legal Advisor, 
     Wireless Telecommunications Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Sunset of the Cellular Radiotelephone Service 
     Analog Service Requirement and Related Matters'' (FCC 07-103) 
     received on July 24, 2007; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2694. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations; Redding, Cottonwood, and Shasta Lake, California'' 
     (MB Docket No. 05-131) received on July 24, 2007; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2695. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations; Akron, Colorado'' (MB Docket No. 05-102) received 
     on July 24, 2007; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2696. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to

[[Page 20402]]

     law, the report of a rule entitled ``Amendment of Section 
     73.202(b), Table of Allotments, FM Broadcast Stations; Llano, 
     Junction and Goldthwaite, Texas'' (MB Docket No. 05-151) 
     received on July 24, 2007; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2697. A communication from the Chief of the Policy 
     Division, Public Safety and Homeland Security Bureau, Federal 
     Communications Commission, transmitting, pursuant to law, the 
     report of a rule entitled ``Review of the Emergency Alert 
     System'' ((FCC 07-109)(EB Docket No. 04-296)) received on 
     July 24, 2007; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2698. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Pennsylvania; Redesignation of the Harrisburg-Lebanon-
     Carlisle Ozone Nonattainment Area to Attainment and Approval 
     of the Area's Maintenance Plan and 2002 Base Year Inventory'' 
     (FRL No. 8445-7) received on July 24, 2007; to the Committee 
     on Environment and Public Works.
       EC-2699. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Agent for a Consolidated Group with Foreign 
     Common Parent'' ((RIN1545-BF30)(TD 9343)) received on July 
     24, 2007; to the Committee on Finance.
       EC-2700. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the Hawaii 
     Advisory Committee; to the Committee on the Judiciary.
       EC-2701. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the Indiana 
     Advisory Committee; to the Committee on the Judiciary.
       EC-2702. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the 
     Pennsylvania Advisory Committee; to the Committee on the 
     Judiciary.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. BIDEN, from the Committee on Foreign Relations, with 
     an amendment:
       S. 1698. A bill to provide that no funds appropriated or 
     otherwise made available by any Act for contributions for 
     international organizations may be made available to support 
     the United Nations Human Rights Council (Rept. No. 110-137).

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. BINGAMAN for the Committee on Energy and Natural 
     Resources.
       *Brent T. Wahlquist, of Pennsylvania, to be Director of the 
     Office of Surface Mining Reclamation and Enforcement.
       *James L. Caswell, of Idaho, to be Director of the Bureau 
     of Land Management.
       *Lisa E. Epifani, of Texas, to be an Assistant Secretary of 
     Energy (Congressional and Intergovernmental Affairs).
       *Kevin M. Kolevar, of Michigan, to be an Assistant 
     Secretary of Energy (Electricity Delivery and Energy 
     Reliability).
       *Clarence H. Albright, of South Carolina, to be Under 
     Secretary of Energy.
       By Mr. KENNEDY for the Committee on Health, Education, 
     Labor, and Pensions.
       *David C. Geary, of Missouri, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term expiring November 28, 2010.
       *Miguel Campaneria, of Puerto Rico, to be a Member of the 
     National Council on the Arts for a term expiring September 3, 
     2012.
       *Diane Auer Jones, of Maryland, to be Assistant Secretary 
     for Postsecondary Education, Department of Education.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. ENSIGN:
       S. 1869. A bill to amend the Help America Vote Act of 2002 
     to require new voting systems to provide a voter-verified 
     permanent record, to develop better accessible voting 
     machines for individuals with disabilities, and for other 
     purposes; to the Committee on Rules and Administration.
           By Mr. FEINGOLD (for himself, Mr. Lautenberg, Mr. 
             Levin, Mr. Kerry, Mr. Lieberman, Mrs. Boxer, Mr. 
             Menendez, Mr. Sanders, Mr. Cardin, Mr. Durbin, Mr. 
             Reed, Mr. Dodd, Mr. Kohl, Mr. Whitehouse, Ms. 
             Stabenow, Mr. Carper, Mr. Wyden, Mr. Leahy, Mr. 
             Brown, and Mr. Schumer):
       S. 1870. A bill to amend the Federal Water Pollution 
     Control Act to clarify the jurisdiction of the United States 
     over waters of the United States; to the Committee on 
     Environment and Public Works.
           By Mr. KENNEDY (for himself, Ms. Snowe, Mr. 
             Rockefeller, Mr. Warner, and Ms. Cantwell):
       S. 1871. A bill to provide for special transfers of funds 
     to States to promote certain improvements in State 
     unemployment compensation laws; to the Committee on Finance.
           By Mr. DURBIN (for himself and Mr. Brown):
       S. 1872. A bill to amend the Farm Security and Rural 
     Investment Act of 2002 to make revenue counter-cyclical 
     payments available to producers on a farm to ensure that the 
     producers at least receive a minimum level of revenue from 
     the production of a covered commodity, and for other 
     purposes; to the Committee on Agriculture, Nutrition, and 
     Forestry.
           By Mr. OBAMA:
       S. 1873. A bill to amend the Public Health Service Act to 
     establish demonstration programs on regionalized systems for 
     emergency care, to support emergency medicine research, and 
     for other purposes; to the Committee on Health, Education, 
     Labor, and Pensions.
           By Ms. LANDRIEU (for herself, Mr. Graham, Mrs. Lincoln, 
             and Mr. Warner):
       S. 1874. A bill to provide for efficient containment and 
     management of climate change costs; to the Committee on 
     Environment and Public Works.
           By Mr. DeMINT:
       S. 1875. A bill to amend the Internal Revenue Code of 1986 
     to provide a refundable and advanceable credit for health 
     insurance, to amend the Social Security Act to provide for 
     improved private health insurance access and affordability, 
     to amend the Internal Revenue Code of 1986 to repeal the 
     alternative minimum tax, and for other purposes; to the 
     Committee on Finance.
           By Mr. BIDEN:
       S. 1876. A bill to prohibit extraterritorial detention and 
     rendition, except under limited circumstances, to modify the 
     definition of ``unlawful enemy combatant'' for purposes of 
     military commissions, to extend statutory habeas corpus to 
     detainees, and for other purposes; to the Committee on the 
     Judiciary.
           By Mr. INHOFE:
       S. 1877. A bill to amend title 4, United States Code, to 
     prescribe that members of the Armed Forces and veterans out 
     of uniform may render the military salute during hoisting, 
     lowering, or passing of flag; considered and passed.
           By Mr. WEBB (for himself and Mr. Warner):
       S. 1878. A bill to authorize grants for contributions 
     toward the establishment of the Woodrow Wilson Presidential 
     Library; to the Committee on Homeland Security and 
     Governmental Affairs.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 65

  At the request of Mr. Casey, his name was added as a cosponsor of S. 
65, a bill to modify the age-60 standard for certain pilots and for 
other purposes.
  At the request of Mr. Inhofe, the names of the Senator from Georgia 
(Mr. Chambliss) and the Senator from New York (Mr. Schumer) were added 
as cosponsors of S. 65, supra.


                                 S. 340

  At the request of Mrs. Feinstein, the name of the Senator from 
Delaware (Mr. Biden) was added as a cosponsor of S. 340, a bill to 
improve agricultural job opportunities, benefits, and security for 
aliens in the United States and for other purposes.


                                 S. 453

  At the request of Mr. Obama, the name of the Senator from Oregon (Mr. 
Wyden) was added as a cosponsor of S. 453, a bill to prohibit deceptive 
practices in Federal elections.


                                 S. 507

  At the request of Mr. Conrad, the name of the Senator from Colorado 
(Mr. Salazar) was added as a cosponsor of S. 507, a bill to amend title 
XVIII of the Social Security Act to provide for reimbursement of 
certified midwife services and to provide for more equitable 
reimbursement rates for certified nurse-midwife services.


                                 S. 543

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from

[[Page 20403]]

Virginia (Mr. Webb) was added as a cosponsor of S. 543, a bill to 
improve Medicare beneficiary access by extending the 60 percent 
compliance threshold used to determine whether a hospital or unit of a 
hospital is an inpatient rehabilitation facility under the Medicare 
program.


                                 S. 557

  At the request of Mr. Schumer, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 557, a bill to amend the 
Internal Revenue Code of 1986 to make permanent the depreciation 
classification of motorsports entertainment complexes.


                                 S. 597

  At the request of Mrs. Feinstein, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of S. 597, a bill to 
extend the special postage stamp for breast cancer research for 2 
years.


                                 S. 656

  At the request of Mr. Reed, the name of the Senator from Minnesota 
(Mr. Coleman) was added as a cosponsor of S. 656, a bill to provide for 
the adjustment of status of certain nationals of Liberia to that of 
lawful permanent residence.


                                 S. 803

  At the request of Mr. Rockefeller, the name of the Senator from New 
York (Mr. Schumer) was added as a cosponsor of S. 803, a bill to repeal 
a provision enacted to end Federal matching of State spending of child 
support incentive payments.


                                 S. 969

  At the request of Mr. Dodd, the name of the Senator from Missouri 
(Mrs. McCaskill) was added as a cosponsor of S. 969, a bill to amend 
the National Labor Relations Act to modify the definition of 
supervisor.


                                S. 1373

  At the request of Mr. Pryor, the name of the Senator from Tennessee 
(Mr. Alexander) was added as a cosponsor of S. 1373, a bill to provide 
grants and loan guarantees for the development and construction of 
science parks to promote the clustering of innovation through high 
technology activities.


                                S. 1374

  At the request of Mr. Casey, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of S. 1374, a bill to 
assist States in making voluntary high quality full-day prekindergarten 
programs available and economically affordable for the families of all 
children for at least 1 year preceding kindergarten.


                                S. 1406

  At the request of Mr. Kerry, the names of the Senator from 
Pennsylvania (Mr. Casey) and the Senator from New Jersey (Mr. Menendez) 
were added as cosponsors of S. 1406, a bill to amend the Marine Mammal 
Protection Act of 1972 to strengthen polar bear conservation efforts, 
and for other purposes.


                                S. 1494

  At the request of Mr. Domenici, the name of the Senator from 
Minnesota (Mr. Coleman) was added as a cosponsor of S. 1494, a bill to 
amend the Public Health Service Act to reauthorize the special diabetes 
programs for Type I diabetes and Indians under that Act.


                                S. 1603

  At the request of Mr. Menendez, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 1603, a bill 
to authorize Congress to award a gold medal to Jerry Lewis, in 
recognition of his outstanding service to the Nation.


                                S. 1682

  At the request of Ms. Snowe, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1682, a bill to 
amend title 10, United States Code, to improve the management of 
medical care for members of the Armed Forces, to improve the speed and 
efficiency of the physical disability evaluation system of the 
Department of Defense, and for other purposes.


                                S. 1716

  At the request of Mr. Thune, the names of the Senator from Montana 
(Mr. Tester), the Senator from Nebraska (Mr. Hagel), the Senator from 
Wyoming (Mr. Barrasso), the Senator from Wyoming (Mr. Enzi) and the 
Senator from Oklahoma (Mr. Inhofe) were added as cosponsors of S. 1716, 
a bill to amend the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery and Iraq Accountability Appropriations Act, 2007, to strike a 
requirement relating to forage producers.


                                S. 1718

  At the request of Mr. Brown, the name of the Senator from Washington 
(Mrs. Murray) was added as a cosponsor of S. 1718, a bill to amend the 
Servicemembers Civil Relief Act to provide for reimbursement to 
servicemembers of tuition for programs of education interrupted by 
military service, for deferment of students loans and reduced interest 
rates for servicemembers during periods of military service, and for 
other purposes.


                                S. 1738

  At the request of Mr. Biden, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 1738, a bill to establish a 
Special Counsel for Child Exploitation Prevention and Interdiction 
within the Office of the Deputy Attorney General, to improve the 
Internet Crimes Against Children Task Force, to increase resources for 
regional computer forensic labs, and to make other improvements to 
increase the ability of law enforcement agencies to investigate and 
prosecute predators.


                                S. 1849

  At the request of Mr. Smith, the names of the Senator from North 
Dakota (Mr. Dorgan) and the Senator from Montana (Mr. Tester) were 
added as cosponsors of S. 1849, a bill to amend the Internal Revenue 
Code of 1986 to clarify that wages paid to unauthorized aliens may not 
be deducted from gross income, and for other purposes.


                              S. RES. 118

  At the request of Mr. Levin, the names of the Senator from Wisconsin 
(Mr. Feingold) and the Senator from New Jersey (Mr. Menendez) were 
added as cosponsors of S. Res. 118, a resolution urging the Government 
of Canada to end the commercial seal hunt.


                              S. RES. 276

  At the request of Mr. Lugar, the names of the Senator from North 
Carolina (Mr. Burr), the Senator from Minnesota (Mr. Coleman), the 
Senator from Oregon (Mr. Smith) and the Senator from Maine (Ms. 
Collins) were added as cosponsors of S. Res. 276, a resolution calling 
for the urgent deployment of a robust and effective multinational 
peacekeeping mission with sufficient size, resources, leadership, and 
mandate to protect civilians in Darfur, Sudan, and for efforts to 
strengthen the renewal of a just and inclusive peace process.
  At the request of Mr. Biden, the names of the Senator from Indiana 
(Mr. Bayh), the Senator from Ohio (Mr. Voinovich), the Senator from 
Connecticut (Mr. Lieberman) and the Senator from Rhode Island (Mr. 
Whitehouse) were added as cosponsors of S. Res. 276, supra.


                           AMENDMENT NO. 2049

  At the request of Mr. Chambliss, the name of the Senator from 
Arkansas (Mrs. Lincoln) was added as a cosponsor of amendment No. 2049 
intended to be proposed to H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes.


                           AMENDMENT NO. 2395

  At the request of Mr. Hagel, the names of the Senator from Wisconsin 
(Mr. Feingold) and the Senator from New York (Mrs. Clinton) were added 
as cosponsors of amendment No. 2395 intended to be proposed to H.R. 
2638, a bill making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes.


                           AMENDMENT NO. 2398

  At the request of Mrs. Clinton, the names of the Senator from Maine 
(Ms. Collins), the Senator from Massachusetts (Mr. Kerry) and the 
Senator from Maryland (Ms. Mikulski) were added as cosponsors of 
amendment No. 2398 intended to be proposed to H.R. 2638, a

[[Page 20404]]

bill making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ENSIGN:
  S. 1869. A bill to amend the Help America Vote Act of 2002 to require 
new voting systems to provide a voter-verified permanent record, to 
develop better accessible voting machines for individuals with 
disabilities, and for other purposes; to the Committee on Rules and 
Administration.
  Mr. ENSIGN. Mr. President, in the November 2004 elections, Nevadans 
entered a new frontier for casting their votes. We became the first 
State in the Nation to require that voter-verified paper audit trail 
printers be used with touch-screen voting machines.
  Despite what critics of these machines might tell you, Nevada's 
elections were a success. The machines worked well and were well-
received by voters. During a post-election audit, Nevada compared 
60,000 electronic ballots with their corresponding voter-verified paper 
record and found that they matched with 100 percent consistency. As a 
result, all Nevadans who used these machines can be confident that 
their votes were counted accurately.
  I understand better than most the importance of the integrity of the 
ballot box. I was at the mercy of a paperless-machine election in my 
1998 race for the U.S. Senate. When the votes were tallied with a 
difference of only a few hundred, I asked for a recount in Clark 
County, the only county at the time using electronic voting machines. 
The result of the recount was identical to the first count. That is 
because there was nothing to recount. After rerunning a computer 
program, the computer predictably produced the same exact tally.
  I conceded that race and was elected to Nevada's other Senate seat in 
2000. But that experience made me realize the importance of ensuring 
Americans that their votes will count, it is absolutely fundamental to 
our democracy.
  That is why I led the fight for voter verification paper trails in 
the Help America Vote Act, known as HAVA, which President Bush signed 
into law in 2002. When Congress passed HAVA, we expressed our 
commitment to the principle of ``one person, one vote.'' One important 
component of HAVA provided States with funds to replace aging voting 
machines which had a tendency to malfunction. A voting machine that 
fails to record a vote properly affects voters in the same way as if 
the voters were denied access to the voting booth. Either way their 
vote is not counted.
  Despite these gains, HAVA falls short in one critical area. It does 
not require that electronic voting machines produce a paper trail of 
each ballot. A voter-verified paper trail would allow voters to review 
a physical printout of their ballot and correct any errors before 
leaving the voting booth. This printout would be preserved at the 
polling place for use in any recounts. This is exactly what Nevadans 
experienced when they voted in November.
  This technology is important.
  It increases voter confidence. With the close elections America has 
seen recently, it is important that each American trust the outcome of 
our elections. Machines that allow voters to review a separate paper 
record of their ballots give voters confidence that their votes have 
been cast and will be counted accurately.
  Paper-trail technology ensures that no votes will be lost if a voting 
machine fails. The paper record can be used as the ballot of record if 
a machine malfunctions and fails to record the votes that were cast 
prior to a machine failing. This technology also gives State election 
officials a necessary backup to verify results. Nevada's post-election 
audit ensures that each machine operated properly. This type of audit 
guarantees accuracy in a way that cannot be guaranteed otherwise.
  Unfortunately, the language that is contained in HAVA has not 
resolved this issue for most other States. Now, I am working to ensure 
voting integrity across the country. In introducing the Voting 
Integrity and Verification Act, I want to ensure that HAVA is clear--
voters must be assured that their votes will be accurate and will be 
counted properly. My bill requires that all voting systems purchased 
after December 31, 2012 have an individual permanent paper record for 
each ballot cast.
  Additionally, this bill will help to advance technology for persons 
with disabilities to ensure that disabled voters enjoy the same 
independence when exercising their right to vote as non-disabled voters 
enjoy.
  Technology has transformed the way we do many things, including 
voting. But we cannot simply sit on the sidelines and assume that our 
democracy will withstand such changes. Our continued work to ensure 
that each vote counts here in the U.S. underscores the idea that we 
must always be vigilant in protecting democracy, whether it is brand 
new or more than 200 years old. The Voting Integrity and Verification 
Act protects democracy by protecting the sanctity of our vote.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Lautenberg, Mr. Levin, Mr. 
        Kerry, Mr. Lieberman, Mrs. Boxer, Mr. Menendez, Mr. Sanders, 
        Mr. Cardin, Mr. Durbin, Mr. Reed, Mr. Dodd, Mr. Kohl, Mr. 
        Whitehouse, Ms. Stabenow, Mr. Carper, Mr. Wyden, Mr. Leahy, Mr. 
        Brown, and Mr. Schumer):
  S. 1870. A bill to amend the Federal Water Pollution Control Act to 
clarify the jurisdiction of the United States over waters of the United 
States; to the Committee on Environment and Public Works.
  Mr. FEINGOLD. Mr. President, in light of recent U.S. Supreme Court 
decisions, today I am introducing legislation to affirm Federal 
jurisdiction over the waters of the U.S. as Congress intended when it 
passed the Clean Water Act in 1972. I want to thank Senators 
Lautenberg, Levin, Kerry, Lieberman, Boxer, Menendez, Sanders, Cardin, 
Durbin, Reed, Dodd, Kohl, Whitehouse, Stabenow, Carper, Wyden, Leahy, 
Brown, and Schumer for joining me in introducing this important 
legislation.
  For 35 years, the American people have relied upon the Clean Water 
Act to protect and restore the health of the Nation's waters. The 
primary goal of the act, to make rivers, streams, wetlands, lakes, and 
coastal waters safe for fishing, swimming and other recreation, 
suitable for our drinking water supply, and available for wildlife and 
fish habitat, has broad public support not only as a worthy endeavor 
but also as a fundamental expectation of government providing for its 
citizens. It is our responsibility to ensure that our freshwater 
resources are able to enhance human health, contribute to the economy, 
and help the environment.
  We have made considerable progress towards ensuring the Nation's 
waters are drinkable, fishable, and swimmable. However, today, the 
Clean Water Act, one of our Nation's bedrock environmental laws, faces 
new and unprecedented challenges.
  Two controversial, closely divided U.S. Supreme Court rulings have 
reduced the jurisdictional scope of the Clean Water Act, undermining 
decades of clean water protections and disregarding Congress' intent 
when it originally passed the Clean Water Act.
  At the heart of the issue is the statutory definition of ``waters of 
the United States.'' Though recent court decisions have focused on 
dredge and fill permits under section 404, this definition is integral 
to the Federal Government's jurisdiction under the Clean Water Act as a 
whole. This definition is the linchpin for state water quality 
standards under section 302 and section 303, national performance 
standards under section 306, toxic and pretreatment standards under 
section 307, oil and hazardous substance liability under section 311, 
aquaculture standards under section 318, State water quality 
certifications under section 401, and national pollution discharge 
permitting requirements under section 402.
  In the 2001 case Solid Waste Agency of Northern Cook County v. Army 
Corps of Engineers, SWANCC, in a 5 to

[[Page 20405]]

4 decision, the U.S. Supreme Court limited the authority of Federal 
agencies to extend Clean Water Act protections to commercially 
nonnavigable, intrastate, ``isolated'' waters based solely on their use 
by migratory birds. While the Court's decision was narrow, the effect 
of the decision has been much broader: for example, according to the 
Environmental Protection Agency, 20 percent of the Nation's wetlands 
outside Alaska are now at risk of losing Federal protections.
  Last June, the U.S. Supreme Court announced a sharply divided 
decision in the consolidated cases of Rapanos v. United States and 
Carabell v. Army Corps of Engineers that jeopardizes many more of our 
Nation's waters. Four justices joined an opinion that said only 
permanent or ``continuously flowing'' rivers and streams and by 
implication, the wetlands next to them are protected by the Clean Water 
Act, ignoring the act's text and purpose. This line of reasoning would 
leave more than half of our Nation's waters without Federal 
protections. To put these bodies of water into perspective, according 
to the Environmental Protection Agency, 110 million Americans get their 
drinking water from sources that include the very intermittent and 
ephemeral bodies of water that the four justices said were not 
protected by the Clean Water Act.
  Fortunately, five Justices rejected this radical rewrite of the act. 
However, Justice Kennedy, who provided the fifth vote to send the cases 
back to the lower courts, offered an entirely different test; one 
requiring EPA and the corps to show a ``significant nexus'' between a 
stream, river, or wetland and a navigable water in order for the 
stream, river, or wetland to be protected. At best, this test is 
confusing, will be resource-intensive to implement, and is likely to 
result in many waters Congress always included under the Clean Water 
Act being left unprotected from pollution.
  Fortunately, an unprecedented array of local, State, regional, and 
national officials, professional organizations, and public interest 
groups from across the country and the political spectrum have joined 
in the defense of the Clean Water Act. The unparalleled collection of 
interested parties includes the attorneys general of 33 States plus the 
District of Columbia; four former Administrators of the Environmental 
Protection Agency, Russell Train, Douglas Costle, William Reilly, and 
Carol Browner; 9 current and former members of the U.S. Senate and U.S. 
House of Representatives who were directly involved in the passage of 
the 1972 act and its reaffirmation in 1977; the Association of State 
Wetlands Managers, the Association of State Floodplain Managers, the 
Association of State and Interstate Water Pollution Control 
Administrators, and the Association of Fish and Wildlife Agencies; 
numerous hunting, fishing, wildlife and outdoor recreation 
organizations and businesses, including Ducks Unlimited, the National 
Wildlife Federation, Trout Unlimited, the American Sportsfishing 
Association, Bass Pro Shops, the Orvis Company, and the Wildlife 
Management Institute, among others; and a number of local, regional, 
and national environmental groups. All of these interests filed briefs 
in the most recent Supreme Court case, expressing strong support of the 
Clean Water Act's core safeguard: the requirement to obtain a permit 
before discharging pollutants into waters of the U.S.
  With such strong support for the Clean Water Act, which is grounded 
in the language, history, and purpose of the law itself, I hope that my 
colleagues will join me in reaffirming Federal protections for streams, 
headwaters, tributaries, and wetlands that have long been covered by 
the act.
  The issue before us is simple: Does Congress support restoring 
historic clean water protections as they existed for nearly 30 years 
prior to the Supreme Court cases? If so, Congress must act. In 1972, 
Congress established protections for all ``waters of the United 
States'' and I am pleased to lead the charge in the Senate to reaffirm 
those protections.
  The Clean Water Restoration Act would reestablish protection for all 
waters historically covered by the Clean Water Act, prior to the SWANCC 
and Rapanos decisions. The bill could not be more straight-forward. It 
makes it clear that the Clean Water Act has always covered a myriad of 
interstate and intrastate waters, by codifying the regulatory 
definition of ``waters of the United States'' that has been in use 
since the 1970s. In fact, 30 years ago this month, the Environmental 
Protection Agency finalized the act's regulations, properly 
establishing the scope of waters needing to be protected by the Clean 
Water Act in order to meet the national objective. The Clean Water 
Restoration Act would codify the regulations the federal agencies have 
used to enforce the Clean Water Act for over 30 years. This is 
necessary to prevent the judicial branch from re-defining ``navigable 
waters'' as something other than the ``waters of the United States.''
  The bill's ``findings'' make it clear that Congress' primary concern 
in 1972 was to protect the Nation's waters from pollution rather than 
just sustain the navigability of waterways, and it reinforces that 
original intent. It also asserts Congress' constitutional authority, 
which extends beyond the Commerce Clause to the Property Clause, Treaty 
Clause, and Necessary and Proper Clause, to protect the Nation's 
waters.
  While the Clean Water Restoration Act is critical to preventing the 
courts from rewriting the law and thus further reducing the protections 
afforded to our Nation's waters under the Clean Water Act, the bill is 
remarkably simple and does not do many things.
  The bill does not prohibit development or other activities that 
discharge pollutants into waters. Complying with the Clean Water Act 
requires following a process that seeks to evaluate proposed activities 
and minimize impacts by ensuring certain pollution standards or 
environmental criteria are met. The vast majority of permit requests 
are granted, and most are granted through expedited ``general'' permits 
rather than individual permits that require site-specific 
determinations.
  The bill does not change the existing permitting process. Rather, the 
bill will provide much-needed clarity. The Supreme Court decisions have 
caused a lot of confusion, and the Corps of Engineers nationally has 
around 20,000 jurisdictional determinations pending. The regulated 
community, as well as state and federal agencies, will once again have 
a clear understanding that Clean Water Act protections extend to the 
same waters covered by the act for over thirty years.
  The bill does not change the EPA and Corps' existing regulations or 
any aspect of the regulatory programs, in fact, as stated above, the 
bill defines waters of the U.S. based on the regulations that have been 
in place since the early 1970s.
  The bill does not change the activities that are regulated. This 
means it does not change or overrule current exemptions related to 
farming, forestry, ranching, and infrastructure maintenance that have 
been in place since 1977. Activities such as plowing, seeding, 
cultivating, and harvesting; and constructing and maintaining farm or 
stock ponds, irrigation ditches, and farm or forest roads have been 
exempted from permitting requirements and will remain so under this 
bill.
  The bill does not create duplicative State and Federal permitting 
processes. The Clean Water Act created an important Federal-State 
partnership, and States can choose to assume from the Corps the dredge 
and fill permitting program, Section 404, or the EPA's NPDES permitting 
program for point sources, Section 402.
  The bill does not preempt state and local authority under the Clean 
Water Act. However, without the bill many State programs are in 
jeopardy because many States developed their own clean water laws so 
that they hinge entirely on the Federal Clean Water Act, and do not 
have separate state programs to fully address any voids left by the 
removal of Federal clean water protections. Also, some states prohibit 
their state laws from being any more protective than the Federal law. 
This means that if the Federal Clean Water Act's protections are 
curtailed, then the State's protections are also reduced.

[[Page 20406]]

  Statements that this bill would ``expand the scope of the Clean Water 
Act'' are disingenuous at best. For over 30 years, all ``waters of the 
United States'' have been regulated and Congress should not stand by 
while the courts and certain special interests roll back the critical 
protections afforded by the Clean Water Act.
  Congress must provide the needed leadership to clarify the intent of 
the Clean Water Act. Such action must ensure that all waters of the 
U.S., waters that are valuable for drinking, fishing, swimming, and a 
host of other economically vital uses, not just navigability, remain 
protected. After decades of progress, now is not the time to turn back 
the clock. I hope my colleagues will join me in reaffirming an 
important clean water pledge to the America people.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1870

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clean Water Restoration Act 
     of 2007''.

     SEC. 2. PURPOSES.

       The purposes of this Act are as follows:
       (1) To reaffirm the original intent of Congress in enacting 
     the Federal Water Pollution Control Act Amendments of 1972 
     (86 Stat. 816) to restore and maintain the chemical, 
     physical, and biological integrity of the waters of the 
     United States.
       (2) To clearly define the waters of the United States that 
     are subject to the Federal Water Pollution Control Act 
     (commonly known as the ``Clean Water Act'').
       (3) To provide protection to the waters of the United 
     States to the fullest extent of the legislative authority of 
     Congress under the Constitution.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) Water is a unique and precious resource that is 
     necessary to sustain human life and the life of animals and 
     plants.
       (2) Water is used not only for human, animal, and plant 
     consumption, but is also important for agriculture, 
     transportation, flood control, energy production, recreation, 
     fishing and shellfishing, and municipal and commercial uses.
       (3) Through prior enactments, Congress established the 
     national objective of restoring and maintaining the chemical, 
     physical, and biological integrity of the waters of the 
     United States and recognized that achieving this objective 
     requires uniform, minimum national water quality and aquatic 
     ecosystem protection standards to restore and maintain the 
     natural structures and functions of the aquatic ecosystems of 
     the United States. Since the 1970s, the definitions of 
     ``waters of the United States'' in the U.S. Environmental 
     Protection Agency's and the U.S. Army Corps of Engineers' 
     regulations have properly established the scope of waters 
     needed to be protected by the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) in order to meet the national 
     objective.
       (4) Water is transported through interconnected hydrologic 
     cycles, and the pollution, impairment, or destruction of any 
     part of an aquatic system may affect the chemical, physical, 
     and biological integrity of other parts of the aquatic 
     system.
       (5) Protection of intrastate waters is necessary to restore 
     and maintain the chemical, physical, and biological integrity 
     of all waters in the United States.
       (6) The regulation of discharges of pollutants into 
     intrastate waters is an integral part of the comprehensive 
     clean water regulatory program of the United States.
       (7) Small and intermittent streams, including ephemeral and 
     seasonal streams, comprise the majority of all stream miles 
     in the United States and serve critical biological and 
     hydrological functions that affect entire watersheds. These 
     waters reduce the introduction of pollutants to large streams 
     and rivers, provide and purify drinking water supplies, and 
     are especially important to the life cycles of aquatic 
     organisms and the flow of higher order streams during floods.
       (8) The pollution or other degradation of waters of the 
     United States, individually and in the aggregate, has a 
     substantial relation to and effect on interstate commerce.
       (9) Protection of intrastate waters is necessary to prevent 
     significant harm to interstate commerce and sustain a robust 
     system of interstate commerce in the future.
       (10) Waters, including streams and wetlands, provide 
     protection from flooding. Draining or filling intrastate 
     wetlands and channelizing or filling intrastate streams can 
     cause or exacerbate flooding that causes billions of dollars 
     of damages annually, placing a significant burden on 
     interstate commerce.
       (11) Millions of people in the United States depend on 
     streams, wetlands, and other waters of the United States to 
     filter water and recharge surface and subsurface drinking 
     water supplies, protect human health, and create economic 
     opportunity. Source water protection areas containing small 
     or intermittent streams provide water to public drinking 
     water supplies serving more than 110 million Americans.
       (12) Millions of people in the United States enjoy 
     recreational activities that depend on intrastate waters, 
     such as waterfowl hunting, bird watching, fishing, and 
     photography, and those activities and associated travel 
     generate hundreds of billions of dollars of income each year 
     for the travel, tourism, recreation, and sporting sectors of 
     the economy of the United States.
       (13) Activities that result in the discharge of pollutants 
     into waters of the United States are commercial or economic 
     in nature. More than 14,000 facilities with individual 
     permits issued in accordance with the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.), including industrial 
     plants and municipal sewage treatment systems, discharge into 
     small or intermittent streams.
       (14) States have the responsibility and right to prevent, 
     reduce, and eliminate pollution of waters, and the Federal 
     Water Pollution Control Act respects the rights and 
     responsibilities of States by preserving for States the 
     ability to manage permitting, grant, and research programs to 
     prevent, reduce, and eliminate pollution, and to establish 
     standards and programs more protective of a State's waters 
     than is provided under Federal standards and programs.
       (15) Protecting the quality of and regulating activities 
     affecting the waters of the United States is a necessary and 
     proper means of implementing treaties to which the United 
     States is a party, including treaties protecting species of 
     fish, birds, and wildlife.
       (16) Protecting the quality of and regulating activities 
     affecting the waters of the United States is a necessary and 
     proper means of protecting Federal land, including hundreds 
     of millions of acres of parkland, refuge land, and other land 
     under Federal ownership and the wide array of waters 
     encompassed by that land.
       (17) Protecting the quality of and regulating activities 
     affecting the waters of the United States is necessary to 
     protect Federal land and waters from discharges of pollutants 
     and other forms of degradation.

     SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES.

       Section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362) is amended--
       (1) by striking paragraph (7);
       (2) by redesignating paragraphs (8) through (24) as 
     paragraphs (7) through (23), respectively; and
       (3) by adding at the end the following:
       ``(24) Waters of the united states.--The term `waters of 
     the United States' means all waters subject to the ebb and 
     flow of the tide, the territorial seas, and all interstate 
     and intrastate waters and their tributaries, including lakes, 
     rivers, streams (including intermittent streams), mudflats, 
     sandflats, wetlands, sloughs, prairie potholes, wet meadows, 
     playa lakes, natural ponds, and all impoundments of the 
     foregoing, to the fullest extent that these waters, or 
     activities affecting these waters, are subject to the 
     legislative power of Congress under the Constitution.''.

     SEC. 5. CONFORMING AMENDMENTS.

       The Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.) is amended--
       (1) by striking ``navigable waters of the United States'' 
     each place it appears and inserting ``waters of the United 
     States'';
       (2) in section 304(l)(1) by striking ``navigable waters'' 
     in the heading and inserting ``waters of the united states''; 
     and
       (3) by striking ``navigable waters'' each place it appears 
     and inserting ``waters of the United States''.

     SEC. 6. SAVINGS CLAUSE.

       Nothing in this Act shall be construed as affecting the 
     authority of the Administrator of the Environmental 
     Protection Agency or the Secretary of the Army under the 
     following provisions of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.):
       (1) Section 402(l)(1), relating to discharges composed 
     entirely of return flows from irrigated agriculture.
       (2) Section 402(l)(2), relating to discharges of stormwater 
     runoff from certain oil, gas, and mining operations composed 
     entirely of flows from precipitation runoff conveyances, 
     which are not contaminated by or in contact with specified 
     materials.
       (3) Section 404(f)(1)(A), relating to discharges of dredged 
     or fill materials from normal farming, silviculture, and 
     ranching activities.
       (4) Section 404(f)(1)(B), relating to discharges of dredged 
     or fill materials for the purpose of maintenance of currently 
     serviceable structures.
       (5) Section 404(f)(1)(C), relating to discharges of dredged 
     or fill materials for the purpose of construction or 
     maintenance of farm or stock ponds or irrigation ditches and 
     maintenance of drainage ditches.
       (6) Section 404(f)(1)(D), relating to discharges of dredged 
     or fill materials for the purpose of construction of 
     temporary sedimentation basins on construction sites,

[[Page 20407]]

     which do not include placement of fill material into the 
     waters of the United States.
       (7) Section 404(f)(1)(E), relating to discharges of dredged 
     or fill materials for the purpose of construction or 
     maintenance of farm roads or forest roads or temporary roads 
     for moving mining equipment in accordance with best 
     management practices.
       (8) Section 404(f)(1)(F), relating to discharges of dredged 
     or fill materials resulting from activities with respect to 
     which a State has an approved program under section 208(b)(4) 
     of such Act meeting the requirements of subparagraphs (B) and 
     (C) of that section.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Ms. Snowe, Mr. Rockefeller, Mr. 
        Warner, and Ms. Cantwell):
  S. 1871. A bill to provide for special transfers of funds to States 
to promote certain improvements in State unemployment compensation 
laws; to the Committee on Finance.
  Mr. KENNEDY. Mr. President, today I am pleased to join my colleagues 
Senators Snowe, Rockefeller, Warner, and Cantwell in introducing the 
Unemployment Insurance Modernization Act, a bipartisan proposal to 
reform our unemployment insurance system.
  In today's troubled economy, too many working families are just one 
pink slip away from falling into poverty. The most recent recession hit 
workers particularly hard, wiping out millions of good jobs, many of 
which never came back. Today, almost 7 million Americans are 
unemployed.
  Fundamental shifts in the economy, including globalization and jobs 
being shipped overseas have caused declines in entire industries, with 
the result that large numbers are losing their long-time jobs and 
struggling to find new opportunities for work. But their options for 
new jobs are limited, and nearly one in six unemployed Americans are 
out of work for longer than 6 months. Another 1.5 million unemployed 
workers aren't even counted in the official unemployment statistics, 
because they have become frustrated and have given up their job search.
  The Federal Unemployment Insurance program was created in the 
Depression-era to help keep workers out of poverty between jobs. It has 
been a bedrock of security for working families in difficult times, 
providing much needed benefits to millions of workers each year. It has 
helped them pay the rent and put food on the table when they lose their 
job and face long periods of unemployment. It also has helped reduce 
economic fluctuations by building up a reserve of funds in good 
economic times that can be used as a cushion to soften the blow of job 
losses during recessions.
  The problem is that the current unemployment insurance system has not 
kept pace with the changing economy and left millions of Americans 
without benefits. In 2006, just 35 percent of unemployed Americans 
received unemployment benefits. In addition, today's much more mobile 
workforce means that employees are now at greater risk of suffering 
unemployment.
  These problems particularly affect low-wage workers. According to the 
Government Accountability Office, low-wage workers are only half as 
likely to receive UI benefits as other unemployed workers, even though 
low-wage workers are twice as likely to be unemployed.
  Modernizing unemployment insurance cannot single-handedly overcome 
all of the economic challenges facing our Nation, but it's a critical 
step in dealing with the hardships so many working families are facing.
  The current unemployment insurance program was designed as a 
partnership between states and the Federal Government. States are given 
extraordinary flexibility to tailor the program's benefits to their 
unique situations, and many of them have been the laboratories of 
democracy in improving their unemployment insurance systems. Their 
experiments have often been successful in making the system more 
responsive to workers' needs.
  Some have improved coverage for low-wage and part-time workers. 
Others have made their systems more family-friendly, or have helped 
dislocated workers expand their skills through training.
  Our Unemployment Insurance Modernization Act builds on these 
successes by offering States strong financial incentives to adopt the 
best of the new programs.
  First, the bill encourages States to cover more low-wage workers. In 
30 states, many unemployed low-wage workers are not eligible for UI 
benefits because their most recent earnings are not counted. But 
failure to count these earnings may deny benefits altogether to some 
workers, and reduces the amount that many other workers receive. Our 
bill provides incentives for States to fix this unfair practice.
  Changing family life has also left many workers unable to collect 
unemployment benefits. Today, two-wage earner families are the norm, 
not the exception. When a parent moves to a different city to take a 
new job, the spouse usually has to quit work as well to keep their 
family together. But spouses cannot collect unemployment benefits in 
most States, nor can victims of domestic violence, if they have to 
leave work to find safety elsewhere, out of reach of their abuser. Our 
legislation encourages States to provide benefits in these cases as 
well.
  In addition to expanding the eligibility for benefits, our bill also 
supports state efforts to reemploy workers laid off by declining 
industries. Currently, the Trade Adjustment Assistance Program offers 
retraining benefits to some workers directly affected by trade, so that 
they can learn new skills and find worthwhile jobs in other industries. 
But employees who are only indirectly affected by trade often receive 
no benefits. Our bill helps close that gap by encouraging States to 
offer additional benefits to unemployed workers attending State-
approved training programs.
  Finally, our legislation provides needed funds to States to manage 
their unemployment insurance programs and reach out to workers. Many 
States are now forced to shut their unemployment offices because they 
can't afford to keep them open, leaving unemployed workers without any 
counseling to find new work or learn about the benefits available to 
them. These employment offices also provide a way for other programs, 
such as Trade Adjustment Assistance, to reach out to affected workers.
  The Unemployment Insurance Modernization Act will provide greater 
security to countless working families who are being left in the cold 
today. It will help long-term unemployed workers get the training they 
need to find new jobs. It will give States the resources and 
flexibility they need to revitalize their programs and serve working 
families more effectively.
  I commend my colleagues on both sides of the aisle who are joining to 
introduce this important legislation. We all agree that now is the time 
for these reforms. In the global economy, it is more urgent than ever 
for every American worker to be able to contribute to the economy. To 
achieve that goal, we need to make sure that all unemployed workers 
have the support they need to get back on their feet and rejoin the 
workforce. Our future prosperity depends on it.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Brown):
  S. 1872. A bill to amend the Farm Security and Rural Investment Act 
of 2002 to make revenue counter-cyclical payments available to 
producers on a farm to ensure that the producers at least receive a 
minimum level of revenue from the production of a covered commodity, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1872

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Farm Safety Net Improvement 
     Act of 2007''.

     SEC. 2. REVENUE COUNTER-CYCLICAL PROGRAM.

       Section 1104 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 7914) is amended to read as follows:

[[Page 20408]]



     ``SEC. 1104. REVENUE COUNTER-CYCLICAL PROGRAM.

       ``(a) In General.--For each of the 2008 through 2012 crop 
     years for each covered commodity, the Secretary shall make 
     revenue counter-cyclical payments available to producers on a 
     farm in a State for a crop year for a covered commodity if--
       ``(1) the actual State revenue from the crop year for the 
     covered commodity in the State determined under subsection 
     (b); is less than
       ``(2) the revenue counter-cyclical program guarantee for 
     the crop year for the covered commodity in the State 
     determined under subsection (c).
       ``(b) Actual State Revenue.--
       ``(1) In general.--For purposes of subsection (a)(1), the 
     amount of the actual State revenue for a crop year of a 
     covered commodity shall equal the product obtained by 
     multiplying--
       ``(A) the actual State yield for each planted acre for the 
     crop year for the covered commodity determined under 
     paragraph (2); and
       ``(B) the revenue counter-cyclical program harvest price 
     for the crop year for the covered commodity determined under 
     paragraph (3).
       ``(2) Actual state yield.--For purposes of paragraph (1)(A) 
     and subsection (c)(1)(A), the actual State yield for each 
     planted acre for a crop year for a covered commodity in a 
     State shall equal--
       ``(A) the quantity of the covered commodity that is 
     produced in the State, and reported to the Secretary, during 
     the crop year; divided by
       ``(B) the number of acres that are planted or considered 
     planted to the covered commodity in the State, and reported 
     to the Secretary, during the crop year.
       ``(3) Revenue counter-cyclical program harvest price.--For 
     purposes of paragraph (1)(B), the revenue counter-cyclical 
     program harvest price for a crop year for a covered commodity 
     shall equal the harvest price that is used to calculate 
     revenue under revenue coverage plans that are offered for the 
     crop year for the covered commodity under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.).
       ``(c) Revenue Counter-Cyclical Program Guarantee.--
       ``(1) In general.--The revenue counter-cyclical program 
     guarantee for a crop year for a covered commodity in a State 
     shall equal 90 percent of the product obtained by 
     multiplying--
       ``(A) the expected State yield for each planted acre for 
     the crop year for the covered commodity in a State determined 
     under paragraph (2); and
       ``(B) the revenue counter-cyclical program pre-planting 
     price for the crop year for the covered commodity determined 
     under paragraph (3).
       ``(2) Expected state yield.--
       ``(A) In general.--For purposes of paragraph (1)(A), 
     subject to subparagraph (B), the expected State yield for 
     each planted acre for a crop year for a covered commodity in 
     a State shall equal the projected yield for the crop year for 
     the covered commodity in the State, based on a linear 
     regression trend of the yield per acre planted to the covered 
     commodity in the State during the 1980 through 2006 period 
     using National Agricultural Statistics Service data.
       ``(B) Assigned yield.--If the Secretary cannot establish 
     the expected State yield for each planted acre for a crop 
     year for a covered commodity in a State in accordance with 
     subparagraph (A), the Secretary shall assign an expected 
     State yield for each planted acre for the crop year for the 
     covered commodity in the State on the basis of expected State 
     yields for planted acres for the crop year for the covered 
     commodity in similar States.
       ``(3) Revenue counter-cyclical program pre-planting 
     price.--
       ``(A) In general.--For purposes of paragraph (1)(B), 
     subject to subparagraph (B), the revenue counter-cyclical 
     program pre-planting price for a crop year for a covered 
     commodity shall equal the average price that is used to 
     determine crop insurance guarantees for the crop year for the 
     covered commodity under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) during the crop year and the preceding 2 
     crop years.
       ``(B) Minimum and maximum price.--The revenue counter-
     cyclical program pre-planting price for a crop year for a 
     covered commodity under subparagraph (A) shall not decrease 
     or increase more than 15 percent from the pre-planting price 
     for the preceding year.
       ``(d) Payment Amount.--If revenue counter-cyclical payments 
     are required to be paid for any of the 2008 through 2012 crop 
     years of a covered commodity, the amount of the revenue 
     counter-cyclical payment to be paid to the producers on the 
     farm for the crop year under this section shall be equal to 
     the product obtained by multiplying--
       ``(1) the difference between--
       ``(A) the revenue counter-cyclical program guarantee for 
     the crop year for the covered commodity in the State 
     determined under subsection (c); and
       ``(B) the actual State revenue from the crop year for the 
     covered commodity in the State determined under subsection 
     (b);
       ``(2) the acreage planted or considered planted to the 
     covered commodity for harvest on the farm in the crop year;
       ``(3) the quotient obtained by dividing--
       ``(A) the actual production history on the farm; by
       ``(B) the expected State yield for the crop year, as 
     determined under subsection (c)(2); and
       ``(4) 90 percent.
       ``(e) Recourse Loans.--For each of the 2008 through 2012 
     crops of a covered commodity, the Secretary shall make 
     available to producers on a farm recourse loans, as 
     determined by the Secretary, on any production of the covered 
     commodity.''.

     SEC. 3. IMPACT ON CROP INSURANCE PROGRAMS.

       (a) Rating.--
       (1) In general.--The Secretary of Agriculture, acting 
     through the Administrator of the Risk Management Agency shall 
     carry out a study to identify such actions as are necessary 
     to ensure, to the maximum extent practicable, that all 
     policies and plans of insurance under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) are properly rated to 
     take into account a rebalancing of risk as a result of the 
     enactment of this Act and the amendments made by this Act.
       (2) Implementation.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall carry out the 
     actions identified under paragraph (1).
       (b) Prevention of Duplication.--The Administrator of the 
     Risk Management Agency and Administrator of the Farm Service 
     Agency shall work together to ensure, to the maximum extent 
     practicable, that producers on a farm are not compensated 
     through the revenue counter-cyclical program established 
     under section 1104 of the Farm Security and Rural Investment 
     Act of 2002 (as amended by section 2) and under the Federal 
     Crop Insurance Act (7 U.S.C. 1501 et seq.) for the same loss, 
     including by reducing crop insurance indemnity payments by 
     the amount of the revenue counter-cyclical payments.

     SEC. 4. CONFORMING AMENDMENTS.

       (a) Section 166(a) of the Federal Agriculture Improvement 
     and Reform Act of 1996 (7 U.S.C. 7286(a)) is amended by 
     striking ``B and''.
       (b) Section 1001 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7901) is amended--
       (1) by striking paragraphs (3), (6), (8), and (15);
       (2) by redesignating paragraphs (4), (5), (7), (9), (10), 
     (11), (12), (13), (14), and (16) as paragraphs (3), (4), (5), 
     (6), (7), (8), (9), (11), (12), and (13), respectively;
       (3) in paragraph (7) (as so redesignated), by striking 
     ``and counter-cyclical payments'';
       (4) in paragraph (8) (as so redesignated)--
       (A) in subparagraph (A), by striking ``(A) In general.--''; 
     and
       (B) by striking subparagraph (B);
       (5) by inserting after paragraph (9) (as so redesignated) 
     the following:
       ``(10) Revenue counter-cyclical payments.--The term 
     `revenue counter-cyclical payments' means a payment made to 
     producers on a farm under section 1104.''.
       (c) The subtitle heading of subtitle A of title I of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     prec. 7911) is amended by inserting ``Revenue'' before 
     ``Counter-Cyclical''.
       (d) Section 1101 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7911) is amended by striking ``and 
     counter-cyclical payments'' each place it appears in 
     subsections (a)(1) and (e)(2).
       (e) Section 1102 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7912) is amended--
       (1) in subsection (a), by striking ``and counter-cyclical 
     payments''; and
       (2) by striking subsection (e).
       (f) Section 1103 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7913) is amended by striking ``2007'' 
     each place it appears and inserting ``2012''.
       (g) Section 1105 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7915) is amended--
       (1) in the section heading, by inserting ``REVENUE'' before 
     ``COUNTER-CYCLICAL''; and
       (2) by inserting ``revenue'' before ``counter-cyclical'' 
     each place it appears.
       (h) Subtitle B of title I of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7931 et seq.) is repealed.
       (i) Subtitles C through F of title I of the Farm Security 
     and Rural Investment Act of 2002 (7 U.S.C. 7951 et seq.) are 
     amended by striking ``2007'' each place it appears and 
     inserting ``2012''.
       (j) Section 1307(a)(6) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7957)(a)(6)) is amended in 
     the first sentence by striking ``2006'' and inserting 
     ``2011''.
       (k) Section 1601(d)(1) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7991(d)(1)) is amended by 
     striking ``and counter-cyclical payments under subtitle A and 
     subtitle C'' and inserting ``under subtitle A''.
       (l) Section 1605 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7993) is repealed.
       (m) Section 1615(2) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7998(2)) is amended--
       (1) in subparagraph (B), by striking ``Loan'' and inserting 
     ``Covered''; and
       (2) in subparagraph (C), by striking ``loan'' and inserting 
     ``covered''.

[[Page 20409]]

       (n) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 
     1308) is amended--
       (1) in subsection (c)(1), by inserting ``revenue'' before 
     ``counter-cyclical''; and
       (2) in subsection (d)--
       (A) by striking paragraph (1); and
       (B) in paragraph (2)--
       (i) by striking ``(2) Other commodities.--'';
       (ii) in subparagraph (A), by striking ``, wool, mohair, or 
     honey under subtitle B or'' and inserting ``under subtitle'';
       (iii) in subparagraph (B), by striking ``, peanuts, wool, 
     mohair, and honey under those subtitles'' and inserting 
     ``under that subtitle''; and
       (iv) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately.
                                 ______
                                 
      By Mr. BIDEN:
  S. 1876. A bill to prohibit extraterritorial detention and rendition, 
except under limited circumstances, to modify the definition of 
``unlawful enemy combatant'' for purposes of military commissions, to 
extend statutory habeas corpus to detainees, and for other purposes; to 
the Committee on the Judiciary.
  Mr. BIDEN. One of the defining challenges of our age is to 
effectively combat international terrorism while maintaining our 
national values and our commitment to the rule of law, and respecting 
individual rights and civil liberties. To fight terrorist organizations 
whose tactics include blending into our cities and communities and 
attacking civilian populations engaged in the activities of everyday 
life, we must have robust and agile intelligence capabilities. 
Rendition, detaining a terrorist operative in one foreign country and 
transfering him to the United States or to another foreign country to 
face justice, has proved to be one effective means of taking terrorists 
off the streets and collecting valuable intelligence.
  Despite its effectiveness, however, the U.S. Government's use of 
rendition has been controversial. Foreign governments have criticized 
the practice as ungoverned by law and on the basis of its alleged use 
to transfer suspects to countries that torture or mistreat them or to 
secret, extraterritorial prisons. The toll the rendition program, as 
currently practiced, has had on relationships with some of our closest 
foreign partners is evident from their responses.
  Italy has indicted 26 Americans for their alleged role in a 
rendition. Germany has issued arrest warrants for an additional 13 U.S. 
intelligence officers. A Canadian Government commission has censured 
the United States for rendering a Canadian/Syrian dual citizen to 
Syria. The Council of Europe and the European Union have each issued 
reports critical of the U.S. Government's rendition program and 
European countries' involvement or complicity in it. Sweden and 
Switzerland have each initiated investigations as well. Today, the 
United Kingdom issued a report predicting that the U.S. Government's 
rendition program would have ``serious implications'' for the 
intelligence relation between the U.S. and U.K., one of our most 
important foreign partners. Rendition, as currently practiced, is 
undermining our moral credibility and standing abroad and weakening the 
coalitions with foreign governments that we need to effectively combat 
international terrorism.
  The controversial aspects of the U.S. Government's use of rendition 
have also not escaped the notice of the propagandists and recruiters 
who fuel and sustain international terrorist organizations with a 
constant stream of new recruits. Allegations of lawlessness and 
mistreatment by the U.S. make their job easier, adding a refrain to 
their recruitment pitch and increasing the receptivity of their target 
audience.
  Our counterterrorism authorities should not only thwart attacks, take 
dangerous terrorists off the streets, and bring them to justice; these 
authorities should also strengthen international coalitions, draw 
Muslim populations around the world closer to us, and deprive 
terrorists of a recruitment narrative. In our long term effort to stem 
the tide of international terrorism, our commitments to the rule of law 
and to individual rights and civil liberties are among our most 
formidable weapons. They are what unite foreign governments behind us 
in effective counterterrorism coalitions. They are what unite public 
opinion in support of our counterterrorism efforts and in condemnation 
of the terrorists and their tactics. They are what prevent the 
recruitment of the next generation of international terrorists.
  This bill maintains rendition as a robust and agile tool in our fight 
against international terrorism, but it brings that tool within the 
rule of law, provides additional safeguards against error, and 
prohibits rendering individuals to countries that will torture or 
mistreat them or to secret, extra-territorial prisons.
  The bill establishes a classified application and order process, 
presided over by the FISA court that: 1. ensures that each rendition is 
preceded by a searching inquiry into the identity of the individual to 
be rendered and his role in international terrorism and 2. prohibits 
rendition to countries that torture or mistreat detainees or to secret, 
extraterritorial prisons beyond the reach of law. It ensures that 
citizens of, and individuals lawfully admitted to, the U.S. receive the 
due process and individual rights guaranteed by the Constitution. It 
ensures that a terrorist suspect detained by the U.S. has the 
opportunity, through a writ of habeas corpus, to argue in a court of 
law that he is being held in error.
  This bill also closes a hole intentionally left open by the 
President's recent Executive Order on the treatment of detainees. The 
President's order is notably silent on some of the more controversial 
techniques the CIA has allegedly used in the past, such as 
waterboarding, extreme sleep deprivation, extreme sensory deprivation, 
and extremes of heat and cold. When we countenance this treatment of 
detainees, we diminish our ability to argue that the same techniques 
should not be used against our own troops.
  We cannot continue to equivocate and dissemble on this matter. We 
need to send a clear message that torture, inhumane, and degrading 
treatment of detainees is unacceptable and is not permitted by U.S. 
law. Period. Therefore, my bill prohibits all officers and agents of 
the United States from using techniques of interrogation not authorized 
by and listed in the U.S. Army Field Manual on Intelligence 
Interrogation.
  As I said at the outset, this bill grapples with one of the defining 
issues of our age, how to effectively combat terrorism without 
sacrificing our national values and abandoning the rule of law. If we 
continue to pursue a rendition program ungoverned by law, without 
sufficient safeguards and oversight, we will perpetuate a short term 
solution that exacerbates the long term problem. We will take 
individual terrorists off the streets at the expense of the foreign 
coalitions that are essential to our efforts to combat international 
terrorism, at the expense of facilitating the recruitment of a new 
generation of terrorists who are just as dangerous and far more 
numerous.
  This is not a trade-off we have to make. We can have a robust and 
agile rendition capability governed by the rule of law and subject to 
sufficient safeguards and oversight. That is what the National Security 
with Justice Act creates. I invite my colleagues on both sides of the 
aisle and in the other branches of Government to work with me to refine 
this legal framework so that we not only take today's terrorists off 
the streets, we strengthen our standing and credibility among foreign 
governments and the global community, and we prevent tomorrow's 
terrorists from being recruited.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1876

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Security with 
     Justice Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``aggrieved person''--
       (A) means any individual subject by an officer or agent of 
     the United States either to

[[Page 20410]]

     extraterritorial detention or rendition, except as authorized 
     in this Act; and
       (B) does not include any individual who is an international 
     terrorist;
       (2) the term ``element of the intelligence community'' 
     means an element of the intelligence community specified in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4));
       (3) the term ``extraterritorial detention'' means detention 
     of any individual by an officer or agent of the United States 
     outside the territorial jurisdiction of the United States;
       (4) the term ``Foreign Intelligence Surveillance Court'' 
     means the court established under section 103(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803(a));
       (5) the term ``Geneva Conventions'' means--
       (A) the Convention for the Amelioration of the Condition of 
     the Wounded and Sick in Armed Forces in the Field, done at 
     Geneva August 12, 1949 (6 UST 3114);
       (B) the Convention for the Amelioration of the Condition of 
     the Wounded, Sick, and Shipwrecked Members of the Armed 
     Forces at Sea, done at Geneva August 12, 1949 (6 UST 3217);
       (C) the Convention Relative to the Treatment of Prisoners 
     of War, done at Geneva August 12, 1949 (6 UST 3316); and
       (D) the Convention Relative to the Protection of Civilian 
     Persons in Time of War, done at Geneva August 12, 1949 (6 UST 
     3516);
       (6) the term ``international terrorist'' means--
       (A) any person, other than a United States person, who 
     engages in international terrorism or activities in 
     preparation therefor; and
       (B) any person who knowingly aids or abets any person in 
     the conduct of activities described in subparagraph (A) or 
     knowingly conspires with any person to engage in activities 
     described in subparagraph (A);
       (7) the terms ``international terrorism'' and ``United 
     States person'' have the meanings given those terms in 
     section 101 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801);
       (8) the term ``officer or agent of the United States'' 
     includes any officer, employee, agent, contractor, or 
     subcontractor acting for or on behalf of the United States; 
     and
       (9) the terms ``render'' and ``rendition'', relating to an 
     individual, mean that an officer or agent of the United 
     States transfers that individual from the legal jurisdiction 
     of the United States or a foreign country to a different 
     legal jurisdiction (including the legal jurisdiction of the 
     United States or a foreign country) without authorization by 
     treaty or by the courts of either such jurisdiction, except 
     under an order of rendition issued under section 104.

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.

           TITLE I--EXTRATERRITORIAL DETENTION AND RENDITION

Sec. 101. Prohibition on extraterritorial detention.
Sec. 102. Prohibition on rendition.
Sec. 103. Application for an order of rendition.
Sec. 104. Issuance of an order of rendition.
Sec. 105. Authorizations and orders for emergency detention.
Sec. 106. Uniform Standards for the Interrogation of Individuals 
              Detained by the Government of the United States.
Sec. 107. Protection of United States Government Personnel Engaged in 
              an Interrogation.
Sec. 108. Monitoring and reporting regarding the treatment, conditions 
              of confinement, and status of legal proceedings of 
              individuals rendered to foreign governments.
Sec. 109. Report to Congress.
Sec. 110. Civil liability.
Sec. 111. Additional resources for foreign intelligence surveillance 
              court.
Sec. 112. Rule of construction.
Sec. 113. Authorization of appropriations.

                       TITLE II--ENEMY COMBATANTS

Sec. 201. Modification of definition of ``unlawful enemy combatant'' 
              for purposes of military commissions.

                        TITLE III--HABEAS CORPUS

Sec. 301. Extending statutory habeas corpus to detainees.

           TITLE I--EXTRATERRITORIAL DETENTION AND RENDITION

     SEC. 101. PROHIBITION ON EXTRATERRITORIAL DETENTION.

       (a) In General.--Except as provided in subsection (b), no 
     officer or agent of the United States shall engage in the 
     extraterritorial detention of any individual.
       (b) Exceptions.--This section shall not apply to--
       (1) an individual detained and timely transferred to a 
     foreign legal jurisdiction or the legal jurisdiction of the 
     United States under an order of rendition issued under 
     section 104 or an emergency authorization under section 105;
       (2) an individual--
       (A) detained by the Armed Forces of the United States in 
     accordance with United States Army Regulation 190-8 (1997), 
     or any successor regulation certified by the Secretary of 
     Defense; and
       (B) detained by the Armed Forces of the United States--
       (i) under circumstances governed by, and in accordance 
     with, the Geneva Conventions;
       (ii) in accordance with United Nations Security Council 
     Resolution 1546 (2004) and United Nations Security Council 
     Resolution 1723 (2004);
       (iii) at the Bagram, Afghanistan detention facility; or
       (iv) at the Guantanamo Bay, Cuba detention center on the 
     date of enactment of this Act;
       (3) an individual detained by the Armed Forces of the 
     United States under circumstances governed by, and in 
     accordance with chapter 47 of title 10, United States Code 
     (the Uniform Code of Military Justice);
       (4) an individual detained by the Armed Forces of the 
     United States subject to an agreement with a foreign 
     government and in accordance with the relevant laws of that 
     foreign country when the Armed Forces of the United States 
     are providing assistance to that foreign government; or
       (5) an individual detained pursuant to a peacekeeping 
     operation authorized by the United Nations Security Council 
     acting under Chapter VII of the Charter of the United 
     Nations.

     SEC. 102. PROHIBITION ON RENDITION.

       (a) In General.--Except as provided in subsection (b), no 
     officer or agent of the United States shall render or 
     participate in the rendition of any individual.
       (b) Exceptions.--This section shall not apply to--
       (1) an individual rendered under an order of rendition 
     issued under section 104;
       (2) an individual detained and transferred by the Armed 
     Forces of the United States under circumstances governed by, 
     and in accordance with, the Geneva Conventions;
       (3) an individual--
       (A) for whom an attorney for the United States or for any 
     State has filed a criminal indictment, criminal information, 
     or any similar criminal charging document in any district 
     court of the United States or criminal court of any State; 
     and
       (B) who is timely transferred to the United States for 
     trial;
       (4) an individual--
       (A) who was convicted of a crime in any State or Federal 
     court;
       (B) who--
       (i) escaped from custody prior to the expiration of the 
     sentence imposed; or
       (ii) violated the terms of parole, probation, or supervised 
     release; and
       (C) who is promptly returned to the United States--
       (i) to complete the term of imprisonment; or
       (ii) for trial for escaping imprisonment or violating the 
     terms of parole or supervised release; or
       (5) an individual detained by the United States at the 
     Guantanamo Bay, Cuba detention center on the date of 
     enactment of this Act who is transferred to a foreign legal 
     jurisdiction.

     SEC. 103. APPLICATION FOR AN ORDER OF RENDITION.

       (a) In General.--A Federal officer or agent may make an 
     application for an order of rendition in writing, upon oath 
     or affirmation, to a judge of the Foreign Intelligence 
     Surveillance Court, if the Attorney General of the United 
     States or the Deputy Attorney General of the United States 
     determines that the requirements under this title for such an 
     application have been satisfied.
       (b) Contents.--Each application under subsection (a) shall 
     include--
       (1) the identity of the Federal officer or agent making the 
     application;
       (2) a certification that the Attorney General of the United 
     States or the Deputy Attorney General of the United States 
     has approved the application;
       (3) the identity of the specific individual to be rendered;
       (4) a statement of the facts and circumstances relied upon 
     by the applicant to justify the good faith belief of the 
     applicant that--
       (A) the individual to be rendered is an international 
     terrorist;
       (B) the country to which the individual is to be rendered 
     will not subject the individual to torture or cruel, inhuman, 
     or degrading treatment, within the meaning of the United 
     Nations Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York on 
     December 10, 1984;
       (C) the country to which the individual is to be rendered 
     will timely initiate legal proceedings against that 
     individual that comport with fundamental notions of due 
     process; and
       (D) rendition of that individual is important to the 
     national security of the United States; and
       (5) a full and complete statement regarding--
       (A) whether ordinary legal procedures for the transfer of 
     custody of the individual to be rendered have been tried and 
     failed; or

[[Page 20411]]

       (B) the facts and circumstances that justify the good faith 
     belief of the applicant that ordinary legal procedures 
     reasonably appear to be--
       (i) unlikely to succeed if tried; or
       (ii) unlikely to adequately protect intelligence sources or 
     methods.
       (c) Technical and Conforming Amendment.--Section 103 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803) is amended by adding at the end the following:
       ``(g) The court established under subsection (a) may hear 
     an application for and issue, and the court established under 
     subsection (b) may review the issuing or denial of, an order 
     of rendition under section 104 of the National Security with 
     Justice Act of 2007.''.

     SEC. 104. ISSUANCE OF AN ORDER OF RENDITION.

       (a) In General.--Upon filing of an application under 
     section 103, a judge of the Foreign Intelligence Surveillance 
     Court shall enter an ex parte order as requested or as 
     modified approving the rendition, if the judge finds that--
       (1) the Attorney General of the United States or the Deputy 
     Attorney General of the United States has approved the 
     application for rendition;
       (2) the application has been made by a Federal officer or 
     agent;
       (3) the application establishes probable cause to believe 
     that the individual to be rendered is an international 
     terrorist;
       (4) ordinary legal procedures for transfer of custody of 
     the individual have been tried and failed or reasonably 
     appear to be unlikely to succeed for any of the reasons 
     described in section 103(b)(5)(B);
       (5) the application, and such other information as is 
     available to the judge, including reports of the Department 
     of State and the United Nations Committee Against Torture and 
     information concerning the specific characteristics and 
     circumstances of the individual, establish a substantial 
     likelihood that the country to which the individual is to be 
     rendered will not subject the individual to torture or to 
     cruel, inhuman, or degrading treatment, within the meaning of 
     the United Nations Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, done at 
     New York on December 10, 1984;
       (6) the application, and such other information as is 
     available to the judge, establish reason to believe that the 
     country to which the individual is to be rendered will timely 
     initiate legal proceedings against that individual that 
     comport with fundamental notions of due process; and
       (7) the application establishes reason to believe that 
     rendition of the individual to be rendered is important to 
     the national security of the United States.
       (b) Appeal.--The Government may appeal the denial of an 
     application for an order under subsection (a) to the court of 
     review established under section 103(b) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)), 
     and further proceedings with respect to that application 
     shall be conducted in a manner consistent with that section 
     103(b).

     SEC. 105. AUTHORIZATIONS AND ORDERS FOR EMERGENCY DETENTION.

       (a) In General.--Notwithstanding any other provision of 
     this title, and subject to subsection (b), the President or 
     the Director of National Intelligence may authorize the Armed 
     Forces of the United States or an element of the intelligence 
     community, acting within the scope of existing authority, to 
     detain an international terrorist in a foreign jurisdiction 
     if the President or the Director of National Intelligence 
     reasonably determines that--
       (1) failure to detain that individual will result in a risk 
     of imminent death or imminent serious bodily injury to any 
     individual or imminent damage to or destruction of any United 
     States facility; and
       (2) the factual basis for issuance of an order of rendition 
     under paragraphs (3) and (7) of section 104(a) exists.
       (b) Notice and Application.--The President or the Director 
     of National Intelligence may authorize an individual be 
     detained under subsection (a) if--
       (1) the President or the Director of National Intelligence, 
     or the designee of the President or the Director of National 
     Intelligence, at the time of such authorization, immediately 
     notifies the Foreign Intelligence Surveillance Court that the 
     President or the Director of National Intelligence has 
     determined to authorize that an individual be detained under 
     subsection (a); and
       (2) an application in accordance with this title is made to 
     the Foreign Intelligence Surveillance Court as soon as 
     practicable, but not more than 72 hours after the President 
     or the Director of National Intelligence authorizes that 
     individual to be detained.
       (c) Emergency Rendition Prohibited.--The President or the 
     Director of National Intelligence may not authorize the 
     rendition to a foreign jurisdiction of, and the Armed Forces 
     of the United States or an element of the intelligence 
     community may not render to a foreign jurisdiction, an 
     individual detained under this section, unless an order under 
     section 104 authorizing the rendition of that individual has 
     been obtained.
       (d) Nondelegation.--Except as provided in this section, the 
     authority and duties of the President or the Director of 
     National Intelligence under this section may not be 
     delegated.

     SEC. 106. UNIFORM STANDARDS FOR THE INTERROGATION OF 
                   INDIVIDUALS DETAINED BY THE GOVERNMENT OF THE 
                   UNITED STATES.

       (a) In General.--No individual in the custody or under the 
     effective control of an officer or agent of the United States 
     or detained in a facility operated by or on behalf of the 
     Department of Defense, the Central Intelligence Agency, or 
     any other agency of the Government of the United States shall 
     be subject to any treatment or technique of interrogation not 
     authorized by and listed in United States Army Field Manual 
     2-22.3, entitled ``Human Intelligence Collector Operations''.
       (b) Applicability.--Subsection (a) shall not apply with 
     respect to any individual in the custody or under the 
     effective control of the Government of the United States 
     based on--
       (1) an arrest or conviction for violating Federal criminal 
     law; or
       (2) an alleged or adjudicated violation of the immigration 
     laws of the United States.
       (c) Construction.--Nothing in this section may be construed 
     to diminish the rights under the Constitution of the United 
     States of any individual in the custody or within the 
     physical jurisdiction of the Government of the United States.

     SEC. 107. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL 
                   ENGAGED IN AN INTERROGATION.

       (a) Protection of United States Government Personnel.--In a 
     civil action or criminal prosecution against an officer or 
     agent of the United States relating to an interrogation, it 
     shall be a defense that such officer or agent of the United 
     States complied with section 106.
       (b) Applicability.--Subsection (a) shall not apply with 
     respect to any civil action or criminal prosecution relating 
     to the interrogation of an individual in the custody or under 
     the effective control of the Government of the United States 
     based on--
       (1) an arrest or conviction for violating Federal criminal 
     law; or
       (2) an alleged or adjudicated violation of the immigration 
     laws of the United States.
       (c) Provision of Counsel.--In any civil action or criminal 
     prosecution arising from the alleged use of an authorized 
     interrogation practice by an officer or agent of the United 
     States, the Government of the United States may provide or 
     employ counsel, and pay counsel fees, court costs, bail, and 
     other expenses incident to representation.
       (d) Construction.--Nothing in this section may be 
     construed--
       (1) to limit or extinguish any defense or protection from 
     suit, civil or criminal liability, or damages otherwise 
     available to a person or entity; or
       (2) to provide immunity from prosecution for any criminal 
     offense by the proper authorities.

     SEC. 108. MONITORING AND REPORTING REGARDING THE TREATMENT, 
                   CONDITIONS OF CONFINEMENT, AND STATUS OF LEGAL 
                   PROCEEDINGS OF INDIVIDUALS RENDERED TO FOREIGN 
                   GOVERNMENTS.

       (a) In General.--The Secretary of State shall--
       (1) regularly monitor the treatment of, the conditions of 
     confinement of, and the progress of legal proceedings against 
     an individual rendered to a foreign legal jurisdiction under 
     section 104; and
       (2) not later than 6 months after the date of enactment of 
     this Act, and every 6 months thereafter, submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report detailing the treatment of, the 
     conditions of confinement of, and the progress of legal 
     proceedings against any individual rendered to a foreign 
     legal jurisdiction under section 104.
       (b) Applicability.--The Secretary of State shall include in 
     the reports required under subsection (a)(2) information 
     relating to the treatment of, the conditions of confinement 
     of, and the progress of legal proceedings against an 
     individual rendered to a foreign legal jurisdiction under 
     section 104 during the period beginning on the date that 
     individual was rendered to a foreign legal jurisdiction under 
     section 104 and ending on the date that individual is 
     released from custody by that foreign legal jurisdiction.

     SEC. 109. REPORT TO CONGRESS.

       The Attorney General shall--
       (1) submit to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives an annual report that contains--
       (A) the total number of applications made for an order of 
     rendition under section 104;
       (B) the total number of such orders granted, modified, or 
     denied;
       (C) the total number of emergency authorizations issued 
     under section 105; and
       (D) such other information as requested by the Select 
     Committee on Intelligence of the Senate or the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) make available to the Select Committee on Intelligence 
     of the Senate and the

[[Page 20412]]

     Permanent Select Committee on Intelligence of the House of 
     Representatives a copy of each application made and order 
     issued under this title.

     SEC. 110. CIVIL LIABILITY.

       (a) In General.--An aggrieved person shall have a cause of 
     action against the head of the department or agency that 
     subjected that aggrieved person to extraterritorial detention 
     or a rendition in violation of this title and shall be 
     entitled to recover--
       (1) actual damages, but not less than liquidated damages of 
     $1,000 for each day of the violation;
       (2) punitive damages; and
       (3) reasonable attorney's fees.
       (b) Jurisdiction.--The United States District Court for the 
     District of Columbia shall have original jurisdiction over 
     any claim under this section.

     SEC. 111. ADDITIONAL RESOURCES FOR FOREIGN INTELLIGENCE 
                   SURVEILLANCE COURT.

       (a) Authority for Additional Judges.--Section 103(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as so designated, by inserting ``at 
     least'' before ``seven of the United States judicial 
     circuits'';
       (3) by striking ``If any judge so designated'' and 
     inserting the following:
       ``(3) If any judge so designated''; and
       (4) by inserting after paragraph (1), as so designated, the 
     following:
       ``(2) In addition to the judges designated under paragraph 
     (1), the Chief Justice of the United States may designate as 
     judges of the court established by paragraph (1) such judges 
     appointed under article III of the Constitution of the United 
     States as the Chief Justice determines appropriate in order 
     to provide for the prompt and timely consideration of 
     applications under sections 103 of the National Security with 
     Justice Act of 2007 for orders of rendition under section 104 
     of that Act. Any judge designated under this paragraph shall 
     be designated publicly.''.
       (b) Additional Legal and Other Personnel for Foreign 
     Intelligence Surveillance Court.--There is authorized for the 
     Foreign Intelligence Surveillance Court such additional staff 
     personnel as may be necessary to facilitate the prompt 
     processing and consideration by that Court of applications 
     under section 103 for orders of rendition under section 104 
     approving rendition of an international terrorist. The 
     personnel authorized by this section are in addition to any 
     other personnel authorized by law.

     SEC. 112. RULE OF CONSTRUCTION.

       Nothing in this title may be construed as altering or 
     adding to existing authorities for the extraterritorial 
     detention or rendition of any individual.

     SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this title and the amendments made by 
     this title.

                       TITLE II--ENEMY COMBATANTS

     SEC. 201. MODIFICATION OF DEFINITION OF ``UNLAWFUL ENEMY 
                   COMBATANT'' FOR PURPOSES OF MILITARY 
                   COMMISSIONS.

       Section 948a(1)(A) of title 10, United States Code, is 
     amended--
       (1) in the matter preceding clause (i), by striking 
     ``means''; and
       (2) by striking clauses (i) and (ii) and inserting the 
     following:
       ``(i) means a person who is not a lawful enemy combatant 
     and who--
       ``(I) has engaged in hostilities against the United States; 
     or
       ``(II) has purposefully and materially supported 
     hostilities against the United States (other than hostilities 
     engaged in as a lawful enemy combatant); and
       ``(ii) does not include any person who is--
       ``(I) a citizen of the United States or legally admitted to 
     the United States; and
       ``(II) taken into custody in the United States.''.

                        TITLE III--HABEAS CORPUS

     SEC. 301. EXTENDING STATUTORY HABEAS CORPUS TO DETAINEES.

       (a) In General.--Section 2241 of title 28, United States 
     Code, is amended by striking subsection (e) and inserting the 
     following:
       ``(e)(1) The United States District Court for the District 
     of Columbia shall have jurisdiction to hear or consider an 
     application for a writ of habeas corpus filed by or on behalf 
     of any person detained by the United States who has been--
       ``(A) determined by the United States to have been properly 
     detained as an enemy combatant; or
       ``(B) detained by the United States for more than 90 days 
     without such a determination.
       ``(2) The United States District Court for the District of 
     Columbia shall have jurisdiction to hear or consider an 
     application for a writ of habeas corpus filed by or on behalf 
     of any person detained by the United States who has been 
     tried by military commission established under chapter 47A of 
     title 10, United States Code, and has exhausted the appellate 
     procedure under subchapter VI of that chapter.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Subchapter VI of chapter 47A of title 10, 
     United States Code, is amended--
       (A) by striking section 950g;
       (B) in section 950h--
       (i) in subsection (a), by adding at the end the following: 
     ``Appointment of appellate counsel under this subsection 
     shall be for purposes of this chapter only, and not for any 
     proceedings relating to an application for a writ of habeas 
     corpus relating to any matter tried by a military 
     commission.''; and
       (ii) in subsection (c), by striking ``, the United States 
     Court of Appeals for the District of Columbia, and the 
     Supreme Court,'';
       (C) in section 950j--
       (i) by striking ``(a) Finality.--''; and
       (ii) by striking subsection (b); and
       (D) in the table of sections at the beginning of that 
     subchapter, by striking the item relating to section 950g.
       (2) Detainee treatment acts.--
       (A) In general.--Section 1005(e) of the Detainee Treatment 
     Act of 2005 (Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 
     801 note) is amended--
       (i) in subsection (e)--

       (I) by striking paragraph (2); and
       (II) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and

       (ii) in subsection (h)(2)--

       (I) by striking ``Paragraphs (2) and (3)'' and inserting 
     ``Paragraph (2)''; and
       (II) by striking ``one of such paragraphs'' and inserting 
     ``that paragraph''.

       (B) Other amendments.--Section 1405 of the Detainee 
     Treatment Act of 2005 (Public Law 109-163; 119 Stat. 3475; 10 
     U.S.C. 801 note) is amended--
       (i) in subsection (e)--

       (I) by striking paragraph (2); and
       (II) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and

       (ii) in subsection (h)(2)--

       (I) by striking ``Paragraphs (2) and (3)'' and inserting 
     ``Paragraph (2)''; and
       (II) by striking ``one of such paragraphs'' and inserting 
     ``that paragraph''.

       (c) Rule of Construction.--Notwithstanding subsection (a), 
     no court, justice, or judge shall have jurisdiction to 
     consider an action described in subparagraph (a) brought by 
     an alien who is in the custody of the United States, in a 
     zone of active hostility involving the United States Armed 
     Forces, and where the United States is implementing United 
     States Army Reg 190-8 (1997) or any successor, as certified 
     by the Secretary of Defense.
                                 ______
                                 
      By Mr. WEBB (for himself and Mr. Warner):
  S. 1878. A bill to authorize grants for contributions toward the 
establishment of the Woodrow Wilson Presidential Library; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. WEBB. Mr. President, I rise today to introduce legislation with 
my colleague Senator Warner which will authorize a one-time capital 
grant by the National Archives to establish a Presidential library to 
honor the life of Woodrow Wilson. Virginia is fortunate to have 8 
native sons that went on to become President of the U.S. This is a 
distinction that has led our fair Commonwealth to be known as the 
``Mother of Presidents.'' The bipartisan bill we introduce today honors 
the most recent of the eight and a native of Staunton, Virginia: 
Woodrow Wilson.
  Woodrow Wilson was one of the most influential statesmen, scholars, 
and Presidents in American history. His impact on domestic and 
international affairs is undeniable. Only now, nearly 100 years after 
his presidency, are we able to fully appreciate the contributions 
President Wilson made to the U.S. and to the world.
  As a professor and President of Princeton University, Wilson created 
a more accountable system for higher education. Through curriculum 
reform, Wilson revolutionized the roles of teachers and students and 
quickly made Princeton one of the most renowned universities in the 
world.
  As a scholar, Wilson wrote numerous books and became an accomplished 
essayist. Highly regarded for his work in political science, Wilson's 
dissertation, entitled Congressional Government, is still admired today 
as a study of federal lawmaking. He did this notwithstanding the fact 
that he could not read until he was ten years old and may have suffered 
from a learning disability such as dyslexia.
  As a statesman and President, Wilson compiled a record of domestic 
legislation that set the groundwork for modern America and reflected 
his belief in the ideal that: ``Liberty does not consist . . . in mere 
general declarations of the rights of man. It consists in the 
translation of those declarations into definite action.'' He 
spearheaded

[[Page 20413]]

groundbreaking reform in finance, trade, industry and labor, including 
anti-trust and child labor laws and women's suffrage. During his two 
terms in office, he oversaw the birth of the Federal Reserve System and 
the Federal Trade Commission.
  In spite of Wilson's significant contributions to American history 
and his instrumental role in shaping the framework of the modern 
international landscape, there exists no authorized Presidential 
library dedicated to his achievements.
  For the last 70 years, the Woodrow Wilson Presidential Library 
Foundation in Staunton, Virginia has admirably served as caretaker of 
Wilson's papers and artifacts, dedicating itself to the preservation of 
Wilson's legacy. But it has done so without the resources afforded to 
other Presidential libraries in the Federal system. Over time, the 
Foundation has outgrown its current space and facilities. Now, with 
each day that passes, the prevailing physical infrastructure severely 
limits educational capabilities and opportunities to share the profound 
legacy of President Wilson. Indeed, the foundation has even become 
reluctant to take on many new major new Wilson collections because its 
current controlled archival system is filled to capacity and cannot 
protect additional collections in the absence of the new facility.
  Accordingly, the Woodrow Wilson Presidential Library Authorization 
Act authorizes a one-time capital grant from the National Archives for 
the establishment of an independent Woodrow Wilson Presidential 
Library. This library will serve as the center for education and study 
of Woodrow Wilson's life and legacies, and will enable people from this 
country and abroad to learn more about the life and work of our 
Nation's 28th President. To be clear, this bill would establish the 
Woodrow Wilson Presidential Library as an independent, privately-run 
institution operating outside the existing Presidential Library System.
  The Woodrow Wilson Presidential Library Foundation will use the 
Federal funds to offset costs associated with the construction of a 
29,000 square foot Presidential library honoring President Wilson. As 
planned, the library would include a research library, archives, 
lecture hall, reception hall, orientation theater, ceremonial space, 
and exhibit hall. These funds authorized under this legislation 
represent the full Federal share of the project. Significantly, the 
bill does not authorize ongoing operating subsidies on any other 
ongoing expenses. This is a one time authorization.
  The foundation's endeavor to construct the Woodrow Wilson 
Presidential Library will create the only site in the country dedicated 
to the exploration of the full life and legacies of the 28th President, 
at his birthplace in Staunton, VA. A new library will alleviate stress 
on existing foundation facilities and to allow for increased 
educational outreach to the benefit of students in Virginia and across 
the U.S. Construction of the Woodrow Wilson Presidential Library would 
achieve the following objectives:

       Make possible collaboration with the National Archives and 
     other presidential libraries, thereby fostering increased 
     awareness and study of American history and the institution 
     of the Presidency. Integrate cutting-edge digital archive 
     development. Promote tourism to Staunton and the Commonwealth 
     of Virginia to the benefit of all local economies.

  Sensitive to the budgetary constraints faced by the National 
Archives, let me reiterate we have crafted this legislation to minimize 
and cap the financial burden on the Federal Government posed by this 
project. First, the bill ensures the existence of a strong public-
private sponsorship by mandating that any Federal dollars are matched 
two-for-one by the Woodrow Wilson Presidential Library Foundation and 
only after the nonfederal funds are certified to be in possession of 
the nonprofit entity, an arrangement that Congress has used in the 
past.
  This legislation States that the Federal Government shall have no 
role or responsibility for the operation of the library and guarantees 
that the Woodrow Wilson Presidential Library will operate outside the 
existing Presidential Library System. This is not an effort by the 
nonprofit foundation to secure annual operating subsidies along the 
lines of what Congress provides all Presidential Libraries in the 
existing system.
  This legislation enjoys broad, bipartisan, bicameral support in 
Congress and broad support among individuals, organizations and 
officials across the country. This bill is identical to legislation 
approved by the House of Representatives by voice vote in the 109th 
Congress on September 28, 2006, and which the entire Virginia House 
delegation has reintroduced in the 110th Congress. I would note that 
the Governor of Virginia has written Senator Warner and me to endorse 
the project. So too have other regional officials, historians, and 
representatives of other Presidential sites throughout the Commonwealth 
of Virginia, including Monticello, Poplar Forest, Montpelier, Ash-Lawn, 
and Mount Vernon.
  This project has the potential to benefit not only the greater 
Staunton region, but Virginia and the Nation as a whole, both from a 
historical/educational sense and by strengthening an important cultural 
asset in Virginia's Shenandoah Valley. We are advised that a new 
building will be an open, welcoming forum for the hundreds of thousands 
of American and foreign visitors who will visit each year to learn 
about Woodrow Wilson and his democratic legacies. The project sponsors 
believe that the country's best museum designers will work with 
historians to turn the story of Woodrow Wilson into an unforgettable 
experience that is fun, educational, and permanently memorable.
  In order to increase the awareness and understanding of the life, 
principles and accomplishments of the 28th President of the U.S., I 
urge my colleagues to support this legislation to ensure that Wilson's 
legacy is more accessible and available for a wider audience for years 
to come. I am hopeful that the Committee on Homeland Security and 
Governmental Affairs will consider this legislation favorably and that 
we can enact it during the remainder of this Congressional session. 
With the 100th anniversary of his election just 5 years away, this is 
the time for Congress to accept its responsibility to help preserve 
President Woodrow Wilson's legacy and to improve its accessibility for 
generations.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1878

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. GRANTS FOR ESTABLISHMENT OF THE WOODROW WILSON 
                   PRESIDENTIAL LIBRARY.

       (a) Grants Authorized.--Subject to subsections (b), (c), 
     and (d), the Archivist of the National Archives and Records 
     Administration may make grants to contribute funds for the 
     establishment in Staunton, Virginia, of a library to preserve 
     and make available materials related to the life of President 
     Woodrow Wilson and to provide interpretive and educational 
     services that communicate the meaning of the life of Woodrow 
     Wilson.
       (b) Limitation.--A grant may be made under subsection (a) 
     only from funds appropriated to the Archivist specifically 
     for that purpose.
       (c) Conditions on Grants.--
       (1) Matching requirement.--A grant under subsection (a) may 
     not be made until such time as the entity selected to receive 
     the grant certifies to the Archivist that funds have been 
     raised from non-Federal sources for use to establish the 
     library in an amount equal to at least double the amount of 
     the grant.
       (2) Relation to other woodrow wilson sites and museums.--
     The Archivist shall further condition a grant under 
     subsection (a) on the agreement of the grant recipient to 
     operate the resulting library in cooperation with other 
     Federal and non-Federal historic sites, parks, and museums 
     that represent significant locations or events in the life of 
     Woodrow Wilson. Cooperative efforts to promote and interpret 
     the life of Woodrow Wilson may include the use of cooperative 
     agreements, cross references, cross promotion, and shared 
     exhibits.
       (d) Prohibition of Contribution of Operating Funds.--Grant 
     amounts may not be used for the maintenance or operation of 
     the library.
       (e) Non-Federal Operation.--The Archivist shall have no 
     involvement in the actual

[[Page 20414]]

     operation of the library, except at the request of the non-
     Federal entity responsible for the operation of the library.
       (f) Authority Through Fiscal Year 2011.--The Archivist may 
     not use the authority provided under subsection (a) after 
     September 30, 2011.

  Mr. WARNER. Mr. President, I rise today, along with Senator Jim Webb, 
to introduce legislation that seeks to establish the Woodrow Wilson 
Presidential Library.
  President Woodrow Wilson was born in Staunton, VA, in 1856. He was 
first elected to the Presidency in 1912 and was reelected in 1916. 
Throughout his lifetime, Wilson advocated engagement with other nations 
in the search for peace, expansion of economic opportunities to more 
Americans, commitment to democratic principles at home and abroad, and 
protection of the Nation's people and institutions. He created the 
Federal Reserve and was President when women were finally granted the 
right to vote. President Wilson's legacy and historical significance 
are forever linked with his profound efforts in World War I and its 
aftermath, particularly with his attempts to broker a lasting peace in 
a fractured Europe. He was a man of ideals, always maintaining a 
``simple faith in the freedom of democracy.'' It is the utter strength 
of his faith in democracy that continues to inspire our Nation today.
  During my time in the Senate, I have witnessed the growth and 
development of the Woodrow Wilson Presidential Library and have seen 
firsthand the benefits it has provided for its community, the 
Commonwealth, and the country. The library has done remarkable work in 
preserving and protecting historical documents related to Woodrow 
Wilson's life. Equally remarkable has been its ability to share his 
life with communities around the world.
  As you know, Virginia is often referred to as the ``Birthplace of 
Presidents,'' as it has produced more Presidents than any other State 
in the Union, eight in total. I want to respectfully acknowledge our 
most recent President from the Commonwealth of Virginia through the 
recognition of this Presidential library. I can think of no better 
place to preserve his life's work than where his life began.
  I thank you for the opportunity to speak on behalf of this important 
legislation. I urge my colleagues to honor President Wilson's legacy by 
joining me in support of this bill.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 2402. Mr. REID (for Mr. Levin (for himself, Mr. Akaka, 
     Mr. McCain, Mr. Warner, Mrs. Murray, Mr. Graham, Mr. Kennedy, 
     Mr. Sessions, Mr. Rockefeller, Ms. Collins, Mr. Byrd, Mr. 
     Chambliss, Mr. Obama, Mrs. Dole, Mr. Lieberman, Mr. Cornyn, 
     Mr. Sanders, Mr. Thune, Mr. Reed, Mr. Martinez, Mr. Brown, 
     Mr. Nelson, of Florida, Mr. Tester, Mr. Nelson, of Nebraska, 
     Mr. Bayh, Mrs. Clinton, Mr. Pryor, Mr. Webb, Mrs. McCaskill, 
     Mr. Durbin, Ms. Stabenow, Ms. Mikulski, Mr. Cardin, Mr. 
     Biden, Mr. Bingaman, Mr. Harkin, Mr. Bond, Mr. Isakson, Mr. 
     Salazar, Ms. Klobuchar, Mr. Whitehouse, Mr. Lott, Mr. Dodd, 
     Mrs. Hutchison, Mr. Coleman, Mr. Inhofe, Ms. Landrieu, Mr. 
     Specter, Mr. Menendez, Mr. Hagel, Mr. Schumer, and Mr. 
     Dorgan)) submitted an amendment intended to be proposed by 
     Mr. Reid to the bill H.R. 1538, to amend title 10, United 
     States Code, to improve the management of medical care, 
     personnel actions, and quality of life issues for members of 
     the Armed Forces who are receiving medical care in an 
     outpatient status, and for other purposes.
       SA 2403. Mr. CASEY (for himself and Mr. Specter) submitted 
     an amendment intended to be proposed to amendment SA 2383 
     proposed by Mr. Byrd (for himself and Mr. Cochran) to the 
     bill H.R. 2638, making appropriations for the Department of 
     Homeland Security for the fiscal year ending September 30, 
     2008, and for other purposes; which was ordered to lie on the 
     table.
       SA 2404. Mr. MARTINEZ (for himself and Ms. Collins) 
     submitted an amendment intended to be proposed by him to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2405. Mr. ALEXANDER (for himself, Ms. Collins, Mr. 
     Voinovich, and Mr. Warner) submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2406. Mr. BAUCUS (for himself, Mr. Sununu, Mr. Leahy, 
     Mr. Tester, and Mr. Akaka) submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2407. Mr. LIEBERMAN (for himself and Ms. Collins) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2408. Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. 
     Carper) submitted an amendment intended to be proposed to 
     amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
     Cochran) to the bill H.R. 2638, supra; which was ordered to 
     lie on the table.
       SA 2409. Mr. LIEBERMAN submitted an amendment intended to 
     be proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2410. Mr. KERRY (for himself and Mr. Kennedy) submitted 
     an amendment intended to be proposed to amendment SA 2383 
     proposed by Mr. Byrd (for himself and Mr. Cochran) to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2411. Mr. LIEBERMAN submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2412. Mr. GRAHAM (for himself, Mr. Gregg, Mr. Sessions, 
     Mr. Kyl, Mr. Cornyn, Mr. McConnell, Mr. Domenici, Mr. McCain, 
     Mr. Sununu, Mr. Martinez, Mr. Coleman, and Mr. Specter) 
     proposed an amendment to amendment SA 2383 proposed by Mr. 
     Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, 
     supra.
       SA 2413. Mr. MARTINEZ submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2414. Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Levin, 
     Mr. Carper, and Mrs. McCaskill) submitted an amendment 
     intended to be proposed to amendment SA 2383 proposed by Mr. 
     Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, 
     supra; which was ordered to lie on the table.
       SA 2415. Mr. GREGG proposed an amendment to amendment SA 
     2412 proposed by Mr. Graham (for himself, Mr. Gregg, Mr. 
     Sessions, Mr. Kyl, Mr. Cornyn, Mr. McConnell, Mr. Domenici, 
     Mr. McCain, Mr. Sununu, Mr. Martinez, Mr. Coleman, and Mr. 
     Specter) to the amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2416. Mr. SCHUMER submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2417. Mr. SALAZAR submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2418. Mr. SALAZAR submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2419. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed to amendment SA 2400 submitted by Mr. 
     Vitter (for himself, Mr. Nelson of Florida, and Ms. Stabenow) 
     and intended to be proposed to the amendment SA 2383 proposed 
     by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
     2638, supra; which was ordered to lie on the table.
       SA 2420. Ms. COLLINS (for herself and Mr. Grassley) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2421. Mr. DOMENICI (for himself and Mr. Dorgan) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2422. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2423. Mr. DOMENICI (for himself and Mr. Bingaman) 
     submitted an amendment intended to be proposed by him to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2424. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2425. Mrs. McCASKILL submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2426. Mr. BIDEN submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2427. Mr. CORNYN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.

[[Page 20415]]

       SA 2428. Mr. CORNYN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2429. Mr. CORNYN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2430. Mr. CORNYN submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2431. Mr. CORNYN submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2432. Mr. CORNYN submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2433. Mr. BINGAMAN submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2434. Mr. BINGAMAN submitted an amendment intended to be 
     proposed to amendment SA 2400 submitted by Mr. Vitter (for 
     himself, Mr. Nelson of Florida, and Ms. Stabenow) and 
     intended to be proposed to the amendment SA 2383 proposed by 
     Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, 
     supra; which was ordered to lie on the table.
       SA 2435. 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, supra; which 
     was ordered to lie on the table.
       SA 2436. Mrs. FEINSTEIN (for herself and Mr. Hagel) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2437. Mrs. FEINSTEIN submitted an amendment intended to 
     be proposed by her to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2438. Mrs. CLINTON submitted an amendment intended to be 
     proposed by her to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2439. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed by him to the bill H.R. 2638, supra; 
     which was ordered to lie on the table.
       SA 2440. Mrs. McCASKILL (for herself, Mr. Obama, and Mr. 
     Pryor) submitted an amendment intended to be proposed to 
     amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
     Cochran) to the bill H.R. 2638, supra; which was ordered to 
     lie on the table.
       SA 2441. Mrs. CLINTON submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2442. Mr. COBURN (for himself, Mr. DeMint, and Mr. 
     McCain) submitted an amendment intended to be proposed by him 
     to the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2443. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2444. Mr. GRASSLEY (for himself and Mr. Inhofe) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra.
       SA 2445. Mr. GRAHAM submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2446. Mr. BIDEN submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2447. Mr. SCHUMER (for himself, Mr. Lautenberg, Mrs. 
     Clinton, and Mr. Menendez) submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2448. Mr. SCHUMER (for himself and Mrs. Hutchison) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra.
       SA 2449. Mrs. DOLE submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2450. Ms. COLLINS (for herself, Mr. Lieberman, Mr. 
     Carper, and Mr. Sanders) submitted an amendment intended to 
     be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2451. Mr. SESSIONS submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2452. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2453. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2454. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2455. Mr. SESSIONS (for himself and Mr. Inhofe) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2456. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2457. Mr. SESSIONS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2458. Mr. SESSIONS submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2459. Mr. SESSIONS submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2460. Mr. SESSIONS submitted an amendment intended to be 
     proposed by him to the bill H.R. 2638, supra; which was 
     ordered to lie on the table.
       SA 2461. Mr. SCHUMER submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2462. Mrs. DOLE submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra.
       SA 2463. Mr. KERRY (for himself and Ms. Snowe) submitted an 
     amendment intended to be proposed to amendment SA 2383 
     proposed by Mr. Byrd (for himself and Mr. Cochran) to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2464. Mr. OBAMA submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2465. Mr. DODD (for himself, Ms. Collins, and Mr. Bayh) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2466. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. 
     Domenici, Mrs. Feinstein, Mr. Cornyn, and Mrs. Boxer) 
     submitted an amendment intended to be proposed by her to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2467. Mr. COBURN (for himself and Mr. Obama) submitted 
     an amendment intended to be proposed to amendment SA 2383 
     proposed by Mr. Byrd (for himself and Mr. Cochran) to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2468. Ms. LANDRIEU proposed an amendment to amendment SA 
     2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra.
       SA 2469. Mr. COCHRAN (for himself and Mr. Lott) submitted 
     an amendment intended to be proposed to amendment SA 2383 
     proposed by Mr. Byrd (for himself and Mr. Cochran) to the 
     bill H.R. 2638, supra; which was ordered to lie on the table.
       SA 2470. Mr. STEVENS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2471. Mr. STEVENS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2472. Mrs. CLINTON submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2473. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Casey) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.
       SA 2474. Mrs. CLINTON (for herself, Mr. Kennedy, Mr. 
     Schumer, Mr. Lautenberg, Mr. Akaka, Mr. Lieberman, Mr. Kerry, 
     Ms. Collins, Ms. Mikulski, Mr. Cardin, and Mr. Menendez) 
     submitted an amendment intended to be proposed to amendment 
     SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
     the bill H.R. 2638, supra; which was ordered to lie on the 
     table.

[[Page 20416]]

       SA 2475. Mr. STEVENS submitted an amendment intended to be 
     proposed to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr. Cochran) to the bill H.R. 2638, supra; which 
     was ordered to lie on the table.
       SA 2476. Mr. COCHRAN (for Mr. Grassley) proposed an 
     amendment to amendment SA 2383 proposed by Mr. Byrd (for 
     himself and Mr . Cochran) to the bill H.R. 2638, supra.

                          ____________________




                           TEXT OF AMENDMENTS

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                    TITLE I--WOUNDED WARRIOR MATTERS

Sec. 101. General definitions.

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

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

                        Subtitle B--Health Care

        PART I--Enhanced Availability of Care for Servicemembers

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

               PART II--CARE AND SERVICES FOR DEPENDENTS

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

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

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

                         PART IV--OTHER MATTERS

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

                     Subtitle C--Disability Matters

                     PART I--DISABILITY EVALUATIONS

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

                   PART II--OTHER DISABILITY MATTERS

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

         Subtitle D--Improvement of Facilities Housing Patients

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

        Subtitle E--Outreach and Related Information on Benefits

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

                       Subtitle F--Other Matters

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

                       TITLE II--VETERANS MATTERS

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

[[Page 20417]]

Sec. 212. Clarification of purpose of the outreach services program of 
              the Department of Veterans Affairs.

                    TITLE I--WOUNDED WARRIOR MATTERS

     SEC. 101. GENERAL DEFINITIONS.

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

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

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

       (a) Comprehensive Policy Required.--
       (1) In general.--Not later than January 1, 2008, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall, to the extent feasible, jointly develop and implement 
     a comprehensive policy on the care and management of members 
     of the Armed Forces who are undergoing medical treatment, 
     recuperation, or therapy, are otherwise in medical hold or 
     medical holdover status, or are otherwise on the temporary 
     disability retired list for a serious injury or illness 
     (hereafter in this section referred to as a ``covered 
     servicemembers'').
       (2) Scope of policy.--The policy shall cover each of the 
     following:
       (A) The care and management of covered servicemembers while 
     in medical hold or medical holdover status or on the 
     temporary disability retired list.
       (B) The medical evaluation and disability evaluation of 
     covered servicemembers.
       (C) The return of covered servicemembers to active duty 
     when appropriate.
       (D) The transition of covered servicemembers from receipt 
     of care and services through the Department of Defense to 
     receipt of care and services through the Department of 
     Veterans Affairs.
       (3) Consultation.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall develop the policy in 
     consultation with the heads of other appropriate departments 
     and agencies of the Federal Government and with appropriate 
     non-governmental organizations having an expertise in matters 
     relating to the policy.
       (4) Update.--The Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly update the policy on a 
     periodic basis, but not less often than annually, in order to 
     incorporate in the policy, as appropriate, the results of the 
     reviews under subsections (b) and (c) and the best practices 
     identified through pilot programs under section 154.
       (b) Review of Current Policies and Procedures.--
       (1) Review required.--In developing the policy required by 
     this section, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall, to the extent necessary, jointly and 
     separately conduct a review of all policies and procedures of 
     the Department of Defense and the Department of Veterans 
     Affairs that apply to, or shall be covered by, the policy.
       (2) Purpose.--The purpose of the review shall be to 
     identify the most effective and patient-oriented approaches 
     to care and management of covered servicemembers for purposes 
     of--
       (A) incorporating such approaches into the policy; and
       (B) extending such approaches, where applicable, to care 
     and management of other injured or ill members of the Armed 
     Forces and veterans.
       (3) Elements.--In conducting the review, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall--
       (A) identify among the policies and procedures described in 
     paragraph (1) best practices in approaches to the care and 
     management described in that paragraph;
       (B) identify among such policies and procedures existing 
     and potential shortfalls in such care and management 
     (including care and management of covered servicemembers on 
     the temporary disability retired list), and determine means 
     of addressing any shortfalls so identified;
       (C) determine potential modifications of such policies and 
     procedures in order to ensure consistency and uniformity 
     among the military departments and the regions of the 
     Department of Veterans Affairs in their application and 
     discharge; and
       (D) develop recommendations for legislative and 
     administrative action necessary to implement the results of 
     the review.
       (4) Deadline for completion.--The review shall be completed 
     not later than 90 days after the date of the enactment of 
     this Act.
       (c) Consideration of Findings, Recommendations, and 
     Practices.--In developing the policy required by this 
     section, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall take into account the following:
       (1) The findings and recommendations of applicable studies, 
     reviews, reports, and evaluations that address matters 
     relating to the policy, including, but not limited, to the 
     following:
       (A) The Independent Review Group on Rehabilitative Care and 
     Administrative Processes at Walter Reed Army Medical Center 
     and National Naval Medical Center appointed by the Secretary 
     of Defense.
       (B) The Secretary of Veterans Affairs Task Force on 
     Returning Global War on Terror Heroes appointed by the 
     President.
       (C) The President's Commission on Care for America's 
     Returning Wounded Warriors.
       (D) The Veterans' Disability Benefits Commission 
     established by title XV of the National Defense Authorization 
     Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 
     38 U.S.C. 1101 note).
       (E) The President's Commission on Veterans' Pensions, of 
     1956, chaired by General Omar N. Bradley.
       (F) The Report of the Congressional Commission on 
     Servicemembers and Veterans Transition Assistance, of 1999, 
     chaired by Anthony J. Principi.
       (G) The President's Task Force to Improve Health Care 
     Delivery for Our Nation's Veterans, of March 2003.
       (2) The experience and best practices of the Department of 
     Defense and the military departments on matters relating to 
     the policy.
       (3) The experience and best practices of the Department of 
     Veterans Affairs on matters relating to the policy.
       (4) Such other matters as the Secretary of Defense and the 
     Secretary of Veterans Affairs consider appropriate.
       (d) Particular Elements of Policy.--The policy required by 
     this section shall provide, in particular, the following:
       (1) Responsibility for covered servicemembers in medical 
     hold or medical holdover status or on temporary disability 
     retired list.--Mechanisms to ensure responsibility for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list, including 
     the following:
       (A) Uniform standards for access of covered servicemembers 
     to non-urgent health care services from the Department of 
     Defense or other providers under the TRICARE program, with 
     such access to be--
       (i) for follow-up care, within 2 days of request of care;
       (ii) for specialty care, within 3 days of request of care;
       (iii) for diagnostic referrals and studies, within 5 days 
     of request; and
       (iv) for surgery based on a physician's determination of 
     medical necessity, within 14 days of request.
       (B) Requirements for the assignment of adequate numbers of 
     personnel for the purpose of responsibility for and 
     administration of covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list.
       (C) Requirements for the assignment of adequate numbers of 
     medical personnel and non-medical personnel to roles and 
     responsibilities for caring for and administering covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, and a description 
     of the roles and responsibilities of personnel so assigned.
       (D) Guidelines for the location of care for covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, which guidelines 
     shall address the assignment of such servicemembers to care 
     and residential facilities closest to their duty station or 
     home of record or the location of their designated caregiver 
     at the earliest possible time.
       (E) Criteria for work and duty assignments of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including a 
     prohibition on the assignment of duty to a servicemember 
     which is incompatible with the servicemember's medical 
     condition.

[[Page 20418]]

       (F) Guidelines for the provision of care and counseling for 
     eligible family members of covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list.
       (G) Requirements for case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including 
     qualifications for personnel providing such case management.
       (H) Requirements for uniform quality of care and 
     administration for all covered servicemembers in medical hold 
     or medical holdover status or on the temporary disability 
     retired list, whether members of the regular components of 
     the Armed Forces or members of the reserve components of the 
     Armed Forces.
       (I) Standards for the conditions and accessibility of 
     residential facilities for covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list who are in outpatient status, and for 
     their immediate family members.
       (J) Requirements on the provision of transportation and 
     subsistence for covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list, whether in inpatient status or outpatient 
     status, to facilitate obtaining needed medical care and 
     services.
       (K) Requirements on the provision of educational and 
     vocational training and rehabilitation opportunities for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list.
       (L) Procedures for tracking and informing covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list about medical 
     evaluation board and physical disability evaluation board 
     processing.
       (M) Requirements for integrated case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list during their 
     transition from care and treatment through the Department of 
     Defense to care and treatment through the Department of 
     Veterans Affairs.
       (N) Requirements and standards for advising and training, 
     as appropriate, family members with respect to care for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list with 
     serious medical conditions, particularly traumatic brain 
     injury (TBI), burns, and post-traumatic stress disorder 
     (PTSD).
       (O) Requirements for periodic reassessments of covered 
     servicemembers, and limits on the length of time such 
     servicemembers may be retained in medical hold or medical 
     holdover status or on the temporary disability retired list.
       (P) Requirements to inform covered servicemembers and their 
     family members of their rights and responsibilities while in 
     medical hold or medical holdover status or on the temporary 
     disability retired list.
       (Q) The requirement to establish a Department of Defense-
     wide Ombudsman Office within the Office of the Secretary of 
     Defense to provide oversight of the ombudsman offices in the 
     military departments and policy guidance to such offices with 
     respect to providing assistance to, and answering questions 
     from, covered servicemembers and their families.
       (2) Medical evaluation and physical disability evaluation 
     for covered servicemembers.--
       (A) Medical evaluations.--Processes, procedures, and 
     standards for medical evaluations of covered servicemembers, 
     including the following:
       (i) Processes for medical evaluations of covered 
     servicemembers that are--

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

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

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

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

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

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

[[Page 20419]]

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

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

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

                        Subtitle B--Health Care

        PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS

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

       (a) Medical and Dental Care for Members and Former 
     Members.--
       (1) In general.--Effective as of the date of the enactment 
     of this Act and subject to regulations prescribed by the 
     Secretary of Defense, any covered member of the Armed Forces, 
     and any former member of the Armed Forces, with a severe 
     injury or illness is entitled to medical and dental care in 
     any facility of the uniformed services under section 1074(a) 
     of title 10, United States Code, or through any civilian 
     health care provider authorized by the Secretary to provide 
     health and mental health services to members of the uniformed 
     services, including traumatic brain injury (TBI) and post-
     traumatic stress disorder (PTSD), as if such member or former 
     member were a member of the uniformed services described in 
     paragraph (2) of such section who is entitled to medical and 
     dental care under such section.
       (2) Period of authorized care.--(A) Except as provided in 
     subparagraph (B), a member or former member described in 
     paragraph (1) is entitled to care under that paragraph--
       (i) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated during 
     the period beginning on October 7, 2001, and ending on the 
     date of the enactment of this Act, during the three-year 
     period beginning on the date of the enactment of this Act, 
     except that no compensation is payable by reason of this 
     subsection for any period before the date of the enactment of 
     this Act; or
       (ii) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated on or 
     after the date of the enactment of this Act, during the 
     three-year period beginning on the date on which such injury 
     or illness is so incurred or aggravated.
       (B) The period of care authorized for a member or former 
     member under this paragraph may be extended by the Secretary 
     concerned for an additional period of up to two years if the 
     Secretary concerned determines that such extension is 
     necessary to assure the maximum feasible recovery and 
     rehabilitation of the member or former member. Any such 
     determination shall be made on a case-by-case basis.
       (3) Integrated care management.--The Secretary of Defense 
     shall provide for a program of integrated care management in 
     the provision of care and services under this subsection, 
     which management shall be provided by appropriate medical and 
     case management personnel of the Department of Defense and 
     the Department of Veterans Affairs (as approved by the 
     Secretary of Veterans Affairs) and with appropriate support 
     from the Department of Defense regional health care support 
     contractors.
       (4) Waiver of limitations to maximize care.--The Secretary 
     of Defense may, in providing medical and dental care to a 
     member or former member under this subsection during the 
     period referred to in paragraph (2), waive any limitation 
     otherwise applicable under chapter 55 of title 10, United 
     States Code, to the provision of such care to the member or 
     former member if the Secretary considers the waiver 
     appropriate to assure the maximum feasible recovery and 
     rehabilitation of the member or former member.
       (5) Construction with eligibility for veterans benefits.--
     Nothing in this subsection shall be construed to reduce, 
     alter, or otherwise affect the eligibility or entitlement of 
     a member or former member of the Armed Forces to any health 
     care, disability, or other benefits to which the member of 
     former member would otherwise be eligible or entitled as a 
     veteran under the laws administered by the Secretary of 
     Veterans Affairs.
       (6) Sunset.--The Secretary of Defense may not provide 
     medical or dental care to a member or former member of the 
     Armed Forces under this subsection after December 31, 2012, 
     if the Secretary has not provided medical or dental care to 
     the member or former member under this subsection before that 
     date.
       (b) Rehabilitation and Vocational Benefits.--
       (1) In general.--Effective as of the date of the enactment 
     of this Act, a member of the Armed Forces with a severe 
     injury or illness is entitled to such benefits (including 
     rehabilitation and vocational benefits, but not including 
     compensation) from the Secretary of Veterans Affairs to 
     facilitate the recovery and rehabilitation of such member as 
     the Secretary otherwise provides to members of the Armed 
     Forces receiving medical care in medical facilities of the 
     Department of Veterans Affairs facilities in order to 
     facilitate the recovery and rehabilitation of such members.
       (2) Limitations.--The provisions of paragraphs (2) through 
     (6) of subsection (a) shall apply to the provision of 
     benefits under this subsection as if the benefits provided 
     under this subsection were provided under subsection (a).
       (3) Reimbursement.--The Secretary of Defense shall 
     reimburse the Secretary of Veterans Affairs for the cost of 
     any benefits provided under this subsection in accordance 
     with applicable mechanisms for the reimbursement of the 
     Secretary of Veterans Affairs for the provision of medical 
     care to members of the Armed Forces.
       (c) Recovery of Certain Expenses of Medical Care and 
     Related Travel.--
       (1) In general.--Commencing not later than 60 days after 
     the date of the enactment of this Act, the Secretary of the 
     military department concerned may reimburse covered members 
     of the Armed Forces, and former members of the Armed Forces, 
     with a severe injury or illness for covered expenses incurred 
     by such members or former members, or their family members, 
     in connection with the receipt by such members or former 
     members of medical care that is required for such injury or 
     illness.

[[Page 20420]]

       (2) Covered expenses.--Expenses for which reimbursement may 
     be made under paragraph (1) include the following:
       (A) Expenses for health care services for which coverage 
     would be provided under section 1074(c) of title 10, United 
     States Code, for members of the uniformed services on active 
     duty.
       (B) Expenses of travel of a non-medical attendant who 
     accompanies a member or former member of the Armed Forces for 
     required medical care that is not available to such member or 
     former member locally, if such attendant is appointed for 
     that purpose by a competent medical authority (as determined 
     under regulations prescribed by the Secretary of Defense for 
     purposes of this subsection).
       (C) Such other expenses for medical care as the Secretary 
     may prescribe for purposes of this subsection.
       (3) Amount of reimbursement.--The amount of reimbursement 
     under paragraph (1) for expenses covered by paragraph (2) 
     shall be determined in accordance with regulations prescribed 
     by the Secretary of Defense for purposes of this subsection.
       (d) Severe Injury or Illness Defined.--In this section, the 
     term ``severe injury or illness'' means any serious injury or 
     illness that is assigned a disability rating of 30 percent or 
     higher under the schedule for rating disabilities in use by 
     the Department of Defense.

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

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

               PART II--CARE AND SERVICES FOR DEPENDENTS

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

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

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

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

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

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

       (a) Plans Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the Secretary of Veterans Affairs, 
     submit to the congressional defense committees one or more 
     comprehensive plans for programs and activities of the 
     Department of Defense to prevent, diagnose, mitigate, treat, 
     and otherwise respond to traumatic brain injury (TBI) and 
     post-traumatic stress disorder (PTSD) in members of the Armed 
     Forces.
       (b) Elements.--Each plan submitted under subsection (a) 
     shall include comprehensive proposals of the Department on 
     the following:
       (1) The designation by the Secretary of Defense of a lead 
     agent or executive agent for the Department to coordinate 
     development and implementation of the plan.
       (2) The improvement of personnel protective equipment for 
     members of the Armed Forces in order to prevent traumatic 
     brain injury.
       (3) The improvement of methods and mechanisms for the 
     detection and treatment of traumatic brain injury and post-
     traumatic stress disorder in members of the Armed Forces in 
     the field.
       (4) The requirements for research on traumatic brain injury 
     and post-traumatic stress disorder, including (in particular) 
     research on pharmacological approaches to treatment for 
     traumatic brain injury or post-traumatic stress disorder, as 
     applicable, and the allocation of priorities among such 
     research.
       (5) The development, adoption, and deployment of diagnostic 
     criteria for the detection and evaluation of the range of 
     traumatic brain injury and post-traumatic stress disorder in 
     members of the Armed Forces, which criteria shall be employed 
     uniformly across the military departments in all applicable 
     circumstances, including provision of clinical care and 
     assessment of future deployability of members of the Armed 
     Forces.
       (6) The development and deployment of effective means of 
     assessing traumatic brain injury and post-traumatic stress 
     disorder in members of the Armed Forces, including a system 
     of pre-deployment and post-deployment screenings of cognitive 
     ability in members for the detection of cognitive impairment, 
     as required by the amendments made by section 132.
       (7) The development and deployment of effective means of 
     managing and monitoring members of the Armed Forces with 
     traumatic brain injury or post-traumatic stress disorder in 
     the receipt of care for traumatic

[[Page 20421]]

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

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

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

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

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

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

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

[[Page 20422]]

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

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

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

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

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

[[Page 20423]]

       (1) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Traumatic Brain Injury required by 
     section 1105a of title 10, United States Code; and
       (2) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Post-Traumatic Stress Disorder required 
     by section 1105b of title 10, United States Code.

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

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

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

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

     SEC. 136. REPORTS.

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

                         PART IV--OTHER MATTERS

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

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly--
       (1) develop and implement a joint electronic health record 
     for use by the Department of Defense and the Department of 
     Veterans Affairs; and
       (2) accelerate the exchange of health care information 
     between the Department of Defense and the Department of 
     Veterans Affairs in order to support the delivery of health 
     care by both Departments.
       (b) Department of Defense-Department of Veterans Affairs 
     Interagency Program Office for a Joint Electronic Health 
     Record.--
       (1) In general.--There is hereby established a joint 
     element of the Department of Defense and the Department of 
     Veterans Affairs to be known as the ``Department of Defense-
     Department of Veterans Affairs Interagency Program Office for 
     a Joint Electronic Health Record'' (in this section referred 
     to as the ``Office'').
       (2) Purposes.--The purposes of the Office shall be as 
     follows:
       (A) To act as a single point of accountability for the 
     Department of Defense and the Department of Veterans Affairs 
     in the rapid development, test, and implementation of a joint 
     electronic health record for use by the Department of Defense 
     and the Department of Veterans Affairs.
       (B) To accelerate the exchange of health care information 
     between Department of Defense and the Department of Veterans 
     Affairs in order to support the delivery of health care by 
     both Departments.
       (c) Leadership.--
       (1) Director.--The Director of the Department of Defense-
     Department of Veterans Affairs Interagency Program Office for 
     a Joint Electronic Health Record shall be the head of the 
     Office.
       (2) Deputy director.--The Deputy Director of the Department 
     of Defense-Department of Veterans Affairs Interagency Program 
     Office for a Joint Electronic Health Record shall be the 
     deputy head of the office and shall assist the Director in 
     carrying out the duties of the Director.
       (3) Appointments.--(A) The Director shall be appointed by 
     the Secretary of Defense, with the concurrence of the 
     Secretary of Veterans Affairs, from among employees of the 
     Department of Defense and the Department of Veterans Affairs 
     in the Senior Executive Service who are qualified to direct 
     the development and acquisition of major information 
     technology capabilities.
       (B) The Deputy Director shall be appointed by the Secretary 
     of Veterans Affairs, with the concurrence of the Secretary of 
     Defense, from among employees of the Department of

[[Page 20424]]

     Defense and the Department of Veterans Affairs in the Senior 
     Executive Service who are qualified to direct the development 
     and acquisition of major information technology capabilities.
       (4) Additional guidance.--In addition to the direction, 
     supervision, and control provided by the Secretary of Defense 
     and the Secretary of Veterans Affairs, the Office shall also 
     receive guidance from the Department of Veterans Affairs-
     Department of Defense Joint Executive Committee under section 
     320 of title 38, United States Code, in the discharge of the 
     functions of the Office under this section.
       (5) Testimony.--Upon request by any of the appropriate 
     committees of Congress, the Director and the Deputy Director 
     shall testify before such committee regarding the discharge 
     of the functions of the Office under this section.
       (d) Function.--The function of the Office shall be to 
     develop and prepare for deployment, by not later than 
     September 30, 2010, a joint electronic health record to be 
     utilized by both the Department of Defense and the Department 
     of Veterans Affairs in the provision of medical care and 
     treatment to members of the Armed Forces and veterans, which 
     health record shall comply with applicable interoperability 
     standards, implementation specifications, and certification 
     criteria (including for the reporting of quality measures) of 
     the Federal Government.
       (e) Schedules and Benchmarks.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     establish a schedule and benchmarks for the discharge by the 
     Office of its function under this section, including each of 
     the following:
       (1) A schedule for the establishment of the Office.
       (2) A schedule and deadline for the establishment of the 
     requirements for the joint electronic health record described 
     in subsection (d), including coordination with the Office of 
     the National Coordinator for Health Information Technology in 
     the development of a nationwide interoperable health 
     information technology infrastructure.
       (3) A schedule and associated deadlines for any acquisition 
     and testing required in the development and deployment of the 
     joint electronic health record.
       (4) A schedule and associated deadlines and requirements 
     for the deployment of the joint electronic health record.
       (5) Proposed funding for the Office for each of fiscal 
     years 2009 through 2013 for the discharge of its function.
       (f) Pilot Projects.--
       (1) Authority.--In order to assist the Office in the 
     discharge of its function under this section, the Secretary 
     of Defense and the Secretary of Veterans Affairs may, acting 
     jointly, carry out one or more pilot projects to assess the 
     feasability and advisability of various technological 
     approaches to the achievement of the joint electronic health 
     record described in subsection (d).
       (2) Treatment as single health care system.--For purposes 
     of each pilot project carried out under this subsection, the 
     health care system of the Department of Defense and the 
     health care system of the Department of Veterans Affairs 
     shall be treated as a single health care system for purposes 
     of the regulations promulgated under section 264(c) of the 
     Health Insurance Portability and Accountability Act of 1996 
     (42 U.S.C. 1320d-2 note).
       (g) Staff and Other Resources.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall assign to the Office such personnel 
     and other resources of the Department of Defense and the 
     Department of Veterans Affairs as are required for the 
     discharge of its function under this section.
       (2) Additional services.--Subject to the approval of the 
     Secretary of Defense and the Secretary of Veterans Affairs, 
     the Director may utilize the services of private individuals 
     and entities as consultants to the Office in the discharge of 
     its function under this section. Amounts available to the 
     Office shall be available for payment for such services.
       (h) Annual Reports.--
       (1) In general.--Not later than January 1, 2009, and each 
     year thereafter through 2014, the Director shall submit to 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs, and to the appropriate committees of Congress, a 
     report on the activities of the Office during the preceding 
     calendar year. Each report shall include, for the year 
     covered by such report, the following:
       (A) A detailed description of the activities of the Office, 
     including a detailed description of the amounts expended and 
     the purposes for which expended.
       (B) An assessment of the progress made by the Department of 
     Defense and the Department of Veterans Affairs in the 
     development and implementation of the joint electronic health 
     record described in subsection (d).
       (2) Availability to public.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall make available to the 
     public each report submitted under paragraph (1), including 
     by posting such report on the Internet website of the 
     Department of Defense and the Department of Veterans Affairs, 
     respectively, that is available to the public.
       (i) Comptroller General Assessment of Implementation.--Not 
     later than six months after the date of the enactment of this 
     Act and every six months thereafter until the completion of 
     the implementation of the joint electronic health record 
     described in subsection (d), the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report setting forth the assessment of the 
     Comptroller General of the progress of the Department of 
     Defense and the Department of Veterans Affairs in developing 
     and implementing the joint electronic health record.
       (j) Funding.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall each contribute equally to the 
     costs of the Office in fiscal year 2008 and fiscal years 
     thereafter. The amount so contributed by each Secretary in 
     fiscal year 2008 shall be up to $10,000,000.
       (2) Source of funds.--(A) Amounts contributed by the 
     Secretary of Defense under paragraph (1) shall be derived 
     from amounts authorized to be appropriated for the Department 
     of Defense for the Defense Health Program and available for 
     program management and technology resources.
       (B) Amounts contributed by the Secretary of Veterans 
     Affairs under paragraph (1) shall be derived from amounts 
     authorized to be appropriated for the Department of Veterans 
     Affairs for Medical Care and available for program management 
     and technology resources.
       (k) Joint Electronic Health Record Defined.--In this 
     section, the term ``joint electronic health record'' means a 
     single system that includes patient information across the 
     continuum of medical care, including inpatient care, 
     outpatient care, pharmacy care, patient safety, and 
     rehabilitative care.

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

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

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

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

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

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

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

       (a) Recommendations on Means of Addressing Shortages.--
       (1) Report.--Not later than 45 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the

[[Page 20425]]

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

                     Subtitle C--Disability Matters

                     PART I--DISABILITY EVALUATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (a) Pilot Programs.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, carry 
     out pilot programs with respect to the disability evaluation 
     system of the Department of Defense for the purpose set forth 
     in subsection (d).

[[Page 20426]]

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

[[Page 20427]]

     legislative or administrative action as the Secretary 
     considers appropriate in light of such pilot programs.

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

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the implementation of corrective measures by the 
     Department of Defense with respect to the Physical Disability 
     Evaluation System (PDES) in response to the following:
       (1) The report of the Inspector General of the Army on that 
     system of March 6, 2007.
       (2) The report of the Independent Review Group on 
     Rehabilitation Care and Administrative Processes at Walter 
     Reed Army Medical Center and National Naval Medical Center.
       (3) The report of the Department of Veterans Affairs Task 
     Force on Returning Global War on Terror Heroes.
       (b) Elements of Report.--Each report under subsection (a) 
     shall include current information on the following:
       (1) The total number of cases, and the number of cases 
     involving combat disabled servicemembers, pending resolution 
     before the Medical and Physical Disability Evaluation Boards 
     of the Army, including information on the number of members 
     of the Army who have been in a medical hold or holdover 
     status for more than each of 100, 200, and 300 days.
       (2) The status of the implementation of modifications to 
     disability evaluation processes of the Department of Defense 
     in response to the following:
       (A) The report of the Inspector General on such processes 
     dated March 6, 2007.
       (B) The report of the Independent Review Group on 
     Rehabilitation Care and Administrative Processes at Walter 
     Reed Army Medical Center and National Naval Medical Center.
       (C) The report of the Department of Veterans Affairs Task 
     Force on Returning Global War on Terror Heroes.
       (c) Posting on Internet.--Not later than 24 hours after 
     submitting a report under subsection (a), the Secretary shall 
     post such report on the Internet website of the Department of 
     Defense that is available to the public.

                   PART II--OTHER DISABILITY MATTERS

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

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

     SEC. 162. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.

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

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

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

     SEC. 164. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.

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

         Subtitle D--Improvement of Facilities Housing Patients

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

       (a) Establishment of Standards.--The Secretary of Defense 
     shall establish for the military facilities referred to in 
     subsection (b) standards with respect to the matters set 
     forth in subsection (c). The standards shall, to the maximum 
     extent practicable--
       (1) be uniform and consistent across such facilities; and
       (2) be uniform and consistent across the Department of 
     Defense and the military departments.
       (b) Covered Military Facilities.--The military facilities 
     referred to in this subsection are the military facilities of 
     the Department of Defense and the military departments as 
     follows:
       (1) Military medical treatment facilities.
       (2) Specialty medical care facilities.
       (3) Military quarters or leased housing for patients.
       (c) Scope of Standards.--The standards required by 
     subsection (a) shall include the following:
       (1) Generally accepted standards for the accreditation of 
     medical facilities, or for facilities used to quarter 
     individuals that may require medical supervision, as 
     applicable, in the United States.
       (2) To the extent not inconsistent with the standards 
     described in paragraph (1), minimally acceptable conditions 
     for the following:
       (A) Appearance and maintenance of facilities generally, 
     including the structure and roofs of facilities.
       (B) Size, appearance, and maintenance of rooms housing or 
     utilized by patients, including furniture and amenities in 
     such rooms.
       (C) Operation and maintenance of primary and back-up 
     facility utility systems and other systems required for 
     patient care, including electrical systems, plumbing systems, 
     heating, ventilation, and air conditioning systems, 
     communications systems, fire protection systems, energy 
     management systems, and other systems required for patient 
     care.
       (D) Compliance with Federal Government standards for 
     hospital facilities and operations.
       (E) Compliance of facilities, rooms, and grounds, to the 
     maximum extent practicable, with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (F) Such other matters relating to the appearance, size, 
     operation, and maintenance of facilities and rooms as the 
     Secretary considers appropriate.
       (d) Compliance With Standards.--

[[Page 20428]]

       (1) Deadline.--In establishing standards under subsection 
     (a), the Secretary shall specify a deadline for compliance 
     with such standards by each facility referred to in 
     subsection (b). The deadline shall be at the earliest date 
     practicable after the date of the enactment of this Act, and 
     shall, to the maximum extent practicable, be uniform across 
     the facilities referred to in subsection (b).
       (2) Investment.--In carrying out this section, the 
     Secretary shall also establish guidelines for investment to 
     be utilized by the Department of Defense and the military 
     departments in determining the allocation of financial 
     resources to facilities referred to in subsection (b) in 
     order to meet the deadline specified under paragraph (1).
       (e) Report.--
       (1) In general.--Not later than December 30, 2007, the 
     Secretary shall submit to the congressional defense 
     committees a report on the actions taken to carry out this 
     section.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) The standards established under subsection (a).
       (B) An assessment of the appearance, condition, and 
     maintenance of each facility referred to in subsection (a), 
     including--
       (i) an assessment of the compliance of such facility with 
     the standards established under subsection (a); and
       (ii) a description of any deficiency or noncompliance in 
     each facility with the standards.
       (C) A description of the investment to be allocated to 
     address each deficiency or noncompliance identified under 
     subparagraph (B)(ii).

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

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the implementation of the action plan of the Army to 
     correct deficiencies identified in the condition of 
     facilities, and in the administration of outpatients in 
     medical hold or medical holdover status, at Walter Reed Army 
     Medical Center (WRAMC) and at other applicable Army 
     installations at which covered members of the Armed Forces 
     are assigned.
       (b) Elements of Report.--Each report under subsection (a) 
     shall include current information on the following:
       (1) The number of inpatients at Walter Reed Army Medical 
     Center, and the number of outpatients on medical hold or in a 
     medical holdover status at Walter Reed Army Medical Center, 
     as a result of serious injuries or illnesses.
       (2) A description of the lodging facilities and other forms 
     of housing at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, including--
       (A) an assessment of the conditions of such facilities and 
     housing; and
       (B) a description of any plans to correct inadequacies in 
     such conditions.
       (3) The status, estimated completion date, and estimated 
     cost of any proposed or ongoing actions to correct any 
     inadequacies in conditions as described under paragraph (2).
       (4) The number of case managers, platoon sergeants, patient 
     advocates, and physical evaluation board liaison officers 
     stationed at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, and the ratio of case workers 
     and platoon sergeants to outpatients for whom they are 
     responsible at each such facility.
       (5) The number of telephone calls received during the 
     preceding 60 days on the Wounded Soldier and Family hotline 
     (as established on March 19, 2007), a summary of the 
     complaints or communications received through such calls, and 
     a description of the actions taken in response to such calls.
       (6) A summary of the activities, findings, and 
     recommendations of the Army tiger team of medical and 
     installation professionals who visited the major medical 
     treatment facilities and community-based health care 
     organizations of the Army pursuant to March 2007 orders, and 
     a description of the status of corrective actions being taken 
     with to address deficiencies noted by that team.
       (7) The status of the ombudsman programs at Walter Reed 
     Army Medical Center and at other major Army installations to 
     which are assigned personnel in medical hold or medical 
     holdover status as a result of serious injuries or illnesses.
       (c) Posting on Internet.--Not later than 24 hours after 
     submitting a report under subsection (a), the Secretary shall 
     post such report on the Internet website of the Department of 
     Defense that is available to the public.

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

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

        Subtitle E--Outreach and Related Information on Benefits

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

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

[[Page 20429]]



                       Subtitle F--Other Matters

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

       (a) Study Required.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, enter 
     into an agreement with the National Academy of Sciences for a 
     study on the physical and mental health and other 
     readjustment needs of members and former members of the Armed 
     Forces who deployed in Operation Iraqi Freedom or Operation 
     Enduring Freedom and their families as a result of such 
     deployment.
       (b) Phases.--The study required under subsection (a) shall 
     consist of two phases:
       (1) A preliminary phase, to be completed not later than 180 
     days after the date of the enactment of this Act--
       (A) to identify preliminary findings on the physical and 
     mental health and other readjustment needs described in 
     subsection (a) and on gaps in care for the members, former 
     members, and families described in that subsection; and
       (B) to determine the parameters of the second phase of the 
     study under paragraph (2).
       (2) A second phase, to be completed not later than three 
     years after the date of the enactment of this Act, to carry 
     out a comprehensive assessment, in accordance with the 
     parameters identified under the preliminary report required 
     by paragraph (1), of the physical and mental health and other 
     readjustment needs of members and former members of the Armed 
     Forces who deployed in Operation Iraqi Freedom or Operation 
     Enduring Freedom and their families as a result of such 
     deployment, including, at a minimum--
       (A) an assessment of the psychological, social, and 
     economic impacts of such deployment on such members and 
     former members and their families;
       (B) an assessment of the particular impacts of multiple 
     deployments in Operation Iraqi Freedom or Operation Enduring 
     Freedom on such members and former members and their 
     families;
       (C) an assessment of the full scope of the neurological, 
     psychiatric, and psychological effects of traumatic brain 
     injury (TBI) on members and former members of the Armed 
     Forces, including the effects of such effects on the family 
     members of such members and former members, and an assessment 
     of the efficacy of current treatment approaches for traumatic 
     brain injury in the United States and the efficacy of 
     screenings and treatment approaches for traumatic brain 
     injury within the Department of Defense and the Department of 
     Veterans Affairs;
       (D) an assessment of the effects of undiagnosed injuries 
     such as post-traumatic stress disorder (PTSD) and traumatic 
     brain injury, an estimate of the long-term costs associated 
     with such injuries, and an assessment of the efficacy of 
     screenings and treatment approaches for post-traumatic stress 
     disorder and other mental health conditions within the 
     Department of Defense and Department of Veterans Affairs;
       (E) an assessment of the particular needs and concerns of 
     female members of the Armed Forces and female veterans;
       (F) an assessment of the particular needs and concerns of 
     children of members of the Armed Forces, taking into account 
     differing age groups, impacts on development and education, 
     and the mental and emotional well being of children;
       (G) an assessment of the particular needs and concerns of 
     minority members of the Armed Forces and minority veterans;
       (H) an assessment of the particular educational and 
     vocational needs of such members and former members and their 
     families, and an assessment of the efficacy of existing 
     educational and vocational programs to address such needs;
       (I) an assessment of the impacts on communities with high 
     populations of military families, including military housing 
     communities and townships with deployed members of the 
     National Guard and Reserve, of deployments associated with 
     Operation Iraqi Freedom and Operation Enduring Freedom, and 
     an assessment of the efficacy of programs that address 
     community outreach and education concerning military 
     deployments of community residents;
       (J) an assessment of the impacts of increasing numbers of 
     older and married members of the Armed Forces on readjustment 
     requirements;
       (K) the development, based on such assessments, of 
     recommendations for programs, treatments, or policy remedies 
     targeted at preventing, minimizing or addressing the impacts, 
     gaps and needs identified; and
       (L) the development, based on such assessments, of 
     recommendations for additional research on such needs.
       (c) Populations To Be Studied.--The study required under 
     subsection (a) shall consider the readjustment needs of each 
     population of individuals as follows:
       (1) Members of the regular components of the Armed Forces 
     who are returning, or have returned, to the United States 
     from deployment in Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (2) Members of the National Guard and Reserve who are 
     returning, or have returned, to the United States from 
     deployment in Operation Iraqi Freedom or Operation Enduring 
     Freedom.
       (3) Veterans of Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (4) Family members of the members and veterans described in 
     paragraphs (1) through (3).
       (d) Access to Information.--The National Academy of 
     Sciences shall have access to such personnel, information, 
     records, and systems of the Department of Defense and the 
     Department of Veterans Affairs as the National Academy of 
     Sciences requires in order to carry out the study required 
     under subsection (a).
       (e) Privacy of Information.--The National Academy of 
     Sciences shall maintain any personally identifiable 
     information accessed by the Academy in carrying out the study 
     required under subsection (a) in accordance with all 
     applicable laws, protections, and best practices regarding 
     the privacy of such information, and may not permit access to 
     such information by any persons or entities not engaged in 
     work under the study.
       (f) Reports by National Academy of Sciences.--Upon the 
     completion of each phase of the study required under 
     subsection (a), the National Academy of Sciences shall submit 
     to the Secretary of Defense and the Secretary of Veterans 
     Affairs a report on such phase of the study.
       (g) DoD and VA Response to NAS Reports.--
       (1) Preliminary response.--Not later than 45 days after the 
     receipt of a report under subsection (f) on each phase of the 
     study required under subsection (a), the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     preliminary joint Department of Defense-Department of 
     Veterans Affairs plan to address the findings and 
     recommendations of the National Academy of Sciences contained 
     in such report. The preliminary plan shall provide 
     preliminary proposals on the matters set forth in paragraph 
     (3).
       (2) Final response.--Not later than 90 days after the 
     receipt of a report under subsection (f) on each phase of the 
     study required under subsection (a), the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     final joint Department of Defense-Department of Veterans 
     Affairs plan to address the findings and recommendations of 
     the National Academy of Sciences contained in such report. 
     The final plan shall provide final proposals on the matters 
     set forth in paragraph (3).
       (3) Covered matters.--The matters set forth in this 
     paragraph with respect to a phase of the study required under 
     subsection (a) are as follows:
       (A) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address gaps in care or services as 
     identified by the National Academy of Sciences under such 
     phase of the study.
       (B) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address recommendations made by the 
     National Academy of Sciences under such phase of the study.
       (C) An estimate of the costs of implementing the 
     modifications set forth under subparagraphs (A) and (B), set 
     forth by fiscal year for at least the first five fiscal years 
     beginning after the date of the plan concerned.
       (4) Reports on responses.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth each joint plan developed 
     under paragraphs (1) and (2).
       (5) Public availability of responses.--The Secretary of 
     Defense and the Secretary of Veterans Affairs shall each make 
     available to the public each report submitted to Congress 
     under paragraph (4), including by posting an electronic copy 
     of such report on the Internet website of the Department of 
     Defense or the Department of Veterans Affairs, as applicable, 
     that is available to the public.
       (6) GAO audit.--Not later than 45 days after the submittal 
     to Congress of the report under paragraph (4) on the final 
     joint Department of Defense-Department of Veterans Affairs 
     plan under paragraph (2), the Comptroller General of the 
     United States shall submit to Congress a report assessing the 
     contents of such report under paragraph (4). The report of 
     the Comptroller General under this paragraph shall include--
       (A) an assessment of the adequacy and sufficiency of the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan in addressing the findings and recommendations 
     of the National Academy of Sciences as a result of the study 
     required under subsection (a);
       (B) an assessment of the feasibility and advisability of 
     the modifications of policy and practice proposed in the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan;
       (C) an assessment of the sufficiency and accuracy of the 
     cost estimates in the final joint Department of Defense-
     Department of Veterans Affairs plan; and

[[Page 20430]]

       (D) the comments, if any, of the National Academy of 
     Sciences on the final joint Department of Defense-Department 
     of Veterans Affairs plan.
       (h) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Defense 
     such sums as may be necessary to carry out this section.

                       TITLE II--VETERANS MATTERS

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

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

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

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

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

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

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

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

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

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

       ``(a) In General.--Subject to section 1710(a)(4) of this 
     title and subsection (b) of this section, the Secretary shall 
     provide rehabilitative treatment or services to implement a 
     plan developed under section 1710C of this title at a non-
     Department facility with which the Secretary has entered into 
     an agreement for such purpose, to an individual--
       ``(1) who is described in section 1710C(a) of this title; 
     and

[[Page 20431]]

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

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

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

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

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

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

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

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

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

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

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

     SEC. 206. RESEARCH ON TRAUMATIC BRAIN INJURY.

       (a) Inclusion of Research on Traumatic Brain Injury Under 
     Ongoing Research Programs.--The Secretary of Veterans Affairs 
     shall, in carrying out research programs and activities under 
     the provisions of law referred to in subsection (b), ensure 
     that such programs and activities include research on the 
     sequelae of mild to severe forms of traumatic brain injury, 
     including--
       (1) research on visually-related neurological conditions;
       (2) research on seizure disorders;
       (3) research on means of improving the diagnosis, 
     rehabilitative treatment, and prevention of such sequelae;
       (4) research to determine the most effective cognitive and 
     physical therapies for the sequelae of traumatic brain 
     injury; and
       (5) research on dual diagnosis of post-traumatic stress 
     disorder and traumatic brain injury.
       (b) Research Authorities.--The provisions of law referred 
     to in this subsection are the following:
       (1) Section 3119 of title 38, United States Code, relating 
     to rehabilitation research and special projects.
       (2) Section 7303 of such title, relating to research 
     programs of the Veterans Health Administration.
       (3) Section 7327 of such title, relating to research, 
     education, and clinical activities on

[[Page 20432]]

     complex multi-trauma associated with combat injuries.
       (c) Collaboration.--In carrying out the research required 
     by subsection (a), the Secretary shall collaborate with 
     facilities that--
       (1) conduct research on rehabilitation for individuals with 
     traumatic brain injury; and
       (2) receive grants for such research from the National 
     Institute on Disability and Rehabilitation Research of the 
     Department of Education.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report describing in comprehensive detail 
     the research to be carried out pursuant to subsection (a).

     SEC. 207. AGE-APPROPRIATE NURSING HOME CARE.

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

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

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

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

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

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

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

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

       (a) Demonstration Program.--The Secretary of Veterans 
     Affairs shall carry out a demonstration program for the 
     purpose of--
       (1) identifying members of the Armed Forces on active duty 
     who are at risk of becoming homeless after they are 
     discharged or released from active duty; and
       (2) providing referral, counseling, and supportive 
     services, as appropriate, to help prevent such members, upon 
     becoming veterans, from becoming homeless.
       (b) Program Locations.--The Secretary shall carry out the 
     demonstration program in at least three locations.
       (c) Identification Criteria.--In developing and 
     implementing the criteria to identify members of the Armed 
     Forces, who upon becoming veterans, are at-risk of becoming 
     homeless, the Secretary of Veterans Affairs shall consult 
     with the Secretary of Defense and such other officials and 
     experts as the Secretary considers appropriate.
       (d) Contracts.--The Secretary of Veterans Affairs may enter 
     into contracts to provide the referral, counseling, and 
     supportive services required under the demonstration program 
     with entities or organizations that meet such requirements as 
     the Secretary may establish.
       (e) Sunset.--The authority of the Secretary under 
     subsection (a) shall expire on September 30, 2011.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 for the purpose of carrying out 
     the provisions of this section.

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

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

                               TITLE III

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

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

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

       At the appropriate place, insert the following:

     SEC. ____. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       Section 7208(k)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to 
     read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports, and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US-VISIT program, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed the aggregate costs 
     associated with the program and shall be credited to the 
     Department of Homeland Security for purposes of carrying out 
     the program. Amounts so credited shall remain available until 
     expended.
       ``(C) Rulemaking.--Within 180 days after the date of 
     enactment of this paragraph, the Secretary shall initiate a 
     rulemaking to establish the program, criteria for 
     participation, and the fee for the program.
       ``(D) Implementation.--Not later than 1 year after the date 
     of enactment of this paragraph, the Secretary shall establish 
     a phased-implementation of a biometric-based international 
     registered traveler program in conjunction with the US-VISIT 
     entry and exit system, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security at United States airports with the highest volume of 
     international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.
       ``(F) Technologies.--The Secretary shall coordinate with 
     the Secretary of State to define a schedule for their 
     respective departments for the deployment of appropriate 
     technologies to begin capturing applicable and sufficient 
     biometrics from visa applicants and individuals seeking 
     admission to the United States, if such visa applicant or 
     individual has not previously provided such information, at 
     each consular location and port of entry. The Secretary of 
     Homeland Security shall also coordinate with the Secretary of 
     State regarding the feasibility of allowing visa applicants 
     or individuals to enroll in the International Registered 
     Traveler program at consular offices.''.

[[Page 20433]]


                                 ______
                                 
  SA 2405. Mr. ALEXANDER (for himself, Ms. Collins, Mr. Voinovich, and 
Mr. Warner) submitted an amendment intended to be proposed to amendment 
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

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


                        REAL ID GRANTS TO STATES

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

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

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

       On page 69, after line 24, insert the following:
       Sec. 536. (a) The amount appropriated by title III for 
     necessary expenses for the United States Fire Administration 
     is increased by $1,000,000 of which not to exceed $1,000,000 
     shall be available to develop a web-based version of the 
     National Fire Incident Reporting System that will ensure that 
     fire-related data can be submitted and accessed by fire 
     departments in real time.
       (b) The amount appropriated by title I under the heading 
     ``analysis and operations'' is increased by $250,000, of 
     which not to exceed $250,000 shall be used to pay salaries 
     and expenses associated with maintaining rotating State and 
     local fire service representation in the National Operations 
     Center.
       (c) The total amount appropriated by title II under the 
     heading ``transportation security administration'' to provide 
     for civil aviation security services pursuant to the Aviation 
     and Transportation Security Act is reduced by $1,250,000 of 
     which $1,250,000 shall be from the amount appropriated for 
     screening operations: Provided, That the total amount of such 
     reductions shall be from the amounts available for privatized 
     screening airports.
                                 ______
                                 
  SA 2409. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--ASYLUM AND DETENTION SAFEGUARDS

     SEC. __01. SHORT TITLE.

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

     SEC. __02. DEFINITIONS.

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

     SEC. __03. RECORDING EXPEDITED REMOVAL INTERVIEWS.

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

     SEC. __04. OPTIONS REGARDING DETENTION DECISIONS.

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

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

[[Page 20434]]

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

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

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

     SEC. __06. LEGAL ORIENTATION PROGRAM.

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

     SEC. __07. CONDITIONS OF DETENTION.

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

[[Page 20435]]



     SEC. __08. OFFICE OF DETENTION OVERSIGHT.

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

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

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

     SEC. __09. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program under which an alien 
     who has been detained may be released under enhanced 
     supervision to prevent the alien from absconding and to 
     ensure that the alien makes appearances related to such 
     detention.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing pilot 
     programs such as the Intensive Supervision Appearance Program 
     developed by the Department.
       (2) Utilization of alternatives.--In facilitating the 
     development of the secure alternatives program, the Secretary 
     shall have discretion to utilize a continuum of alternatives 
     to a supervision of the alien, including placement of the 
     alien with an individual or organizational sponsor, or in a 
     supervised group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(c)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--In developing the secure 
     alternatives program, the Secretary shall take into account 
     the extent to which the program includes only those 
     alternatives to detention that reasonably and reliably 
     ensure--
       (i) the alien's continued presence at all future 
     immigration proceedings;
       (ii) the alien's compliance with any future order or 
     removal; and
       (iii) the public safety or national security.
       (C) Continued evaluation.--The Secretary shall evaluate 
     regularly the effectiveness of the program, including the 
     effectiveness of the particular alternatives to detention 
     used under the program, and make such modifications as the 
     Secretary deems necessary to improve the program's 
     effectiveness or to deter abuse.
       (4) Contracts and other considerations.--The Secretary may 
     enter into contracts with qualified nongovernmental entities 
     to implement the secure alternatives program and, in 
     designing such program, shall consult with relevant experts 
     and consider programs that have proven successful in the 
     past.

     SEC. __10. LESS RESTRICTIVE DETENTION FACILITIES.

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

     SEC. __11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

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

       At the appropriate place, insert the following:

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

       Not later than 180 days after the date of enactment, of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit a report to the appropriate 
     congressional committees (as defined in section 2(2) of the 
     Homeland Security Act of

[[Page 20436]]

     2002 (6 U.S.C. 101(2))) which assesses the criteria the 
     Department uses in its grant programs to determine the risk 
     of an applicant to a terrorist attack and whether it is 
     following Congressional directive related to the distribution 
     of funds based on risk. The report shall include--
       (1) an analysis of the Department's policy of ranking 
     states, cities, and other grantees by tiered groups;
       (2) an analysis of whether the grantees within those tiers 
     are at a similar level of risk;
       (3) examples of how the Department applied its risk 
     methodologies to individual locations;
       (4) recommendations to improve the Department's grant 
     programs; and
       (5) any other information the Inspector General finds 
     relevant.
                                 ______
                                 
  SA 2411. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

       At the end, add the following:

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. BORDER SECURITY REQUIREMENTS.

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

     SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

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

                 TITLE XI--BORDER CONTROL ENHANCEMENTS

        Subtitle A--Assets for Controlling United States Borders

     SEC. 1101. ENFORCEMENT PERSONNEL.

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

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

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall increase the number of positions for full-time active 
     duty border patrol agents within the Department of Homeland 
     Security (above the number of such positions for which funds 
     were appropriated for the preceding fiscal year), by not less 
     than--
       ``(1) 2,000 in fiscal year 2007;
       ``(2) 2,400 in fiscal year 2008;
       ``(3) 2,400 in fiscal year 2009;
       ``(4) 2,400 in fiscal year 2010;
       ``(5) 2,400 in fiscal year 2011; and
       ``(6) 2,400 in fiscal year 2012.
       ``(b) Northern Border.--In each of the fiscal years 2008 
     through 2012, in addition to the border patrol agents 
     assigned along the northern border of the United States 
     during the previous fiscal year, the Secretary shall assign a 
     number of border patrol agents equal to not less than 20 
     percent of the net increase in border patrol agents during 
     each such fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2008 through 2012 to carry out this 
     section.''.
       (c) Shadow Wolves Apprehension and Tracking.--
       (1) Purpose.--The purpose of this subsection is to 
     authorize the Secretary, acting through the Assistant 
     Secretary of Immigration and Customs Enforcement (referred to 
     in this subsection as the ``Secretary''), to establish new 
     units of Customs Patrol Officers (commonly known as ``Shadow 
     Wolves'') during the 5-year period beginning on the date of 
     enactment of this Act.
       (2) Establishment of new units.--
       (A) In general.--During the 5-year period beginning on the 
     date of enactment of this

[[Page 20437]]

     Act, the Secretary is authorized to establish within United 
     States Immigration and Customs Enforcement up to 5 additional 
     units of Customs Patrol Officers in accordance with this 
     subsection, as appropriate.
       (B) Membership.--Each new unit established pursuant to 
     subparagraph (A) shall consist of up to 15 Customs Patrol 
     Officers.
       (3) Duties.--The additional Immigration and Customs 
     Enforcement units established pursuant to paragraph (2)(A) 
     shall operate on Indian reservations (as defined in section 3 
     of the Indian Financing Act of 1974 (25 U.S.C. 1452)) located 
     on or near (as determined by the Secretary) an international 
     border with Canada or Mexico, and such other Federal land as 
     the Secretary determines to be appropriate, by--
       (A) investigating and preventing the entry of terrorists, 
     other unlawful aliens, instruments of terrorism, narcotics, 
     and other contraband into the United States; and
       (B) carrying out such other duties as the Secretary 
     determines to be necessary.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2008 through 2013.

     SEC. 1102. TECHNOLOGICAL ASSETS.

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

     SEC. 1103. INFRASTRUCTURE.

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

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

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

     SEC. 1104. PORTS OF ENTRY.

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

     SEC. 1105. INCREASED BORDER PATROL TRAINING CAPACITY.

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

     SEC. 1106. INCREASED IMMIGRATION AND CUSTOMS ENFORCEMENT 
                   PERSONNEL.

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

             Subtitle B--Other Border Security Initiatives

     SEC. 1107. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Entering and 
     Departing the United States.--Section 215 (8 U.S.C. 1185) is 
     amended--
       (1) by redesignating subsection (c) as subsection (g);
       (2) by moving subsection (g), as redesignated by paragraph 
     (1), to the end; and
       (3) by inserting after subsection (b) the following:
       ``(c) The Secretary is authorized to require aliens 
     entering and departing the United States to provide biometric 
     data and other information relating to their immigration 
     status.''.
       (b) Inspection of Applicants for Admission.--Section 235(d) 
     (8 U.S.C. 1225 (d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsections (a) and (b), immigration 
     officers are authorized to collect biometric data from--
       ``(A) any applicant for admission or any alien who is 
     paroled under section 212(d)(5), seeking to or permitted to 
     land temporarily as an alien crewman, or seeking to or 
     permitted transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282) is amended by adding at the end 
     the following:
       ``(d) An immigration officer is authorized to collect 
     biometric data from an alien crewman seeking permission to 
     land temporarily in the United States.''.
       (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182) is amended--
       (1) in subsection (a)(7), by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who fails 
     or has failed to comply with a lawful request for biometric 
     data under section 215(c), 235(d), or 252(d) is 
     inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:

[[Page 20438]]

       ``(2) The Secretary may waive the application of subsection 
     (a)(7)(C) for an individual alien or class of aliens.''.
       (e) Implementation.--Section 7208 of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Implementation.--In fully implementing the automated 
     biometric entry and exit data system under this section, the 
     Secretary is not required to comply with the requirements of 
     chapter 5 of title 5, United States Code (commonly referred 
     to as the Administrative Procedure Act) or any other law 
     relating to rulemaking, information collection, or 
     publication in the Federal Register.''; and
       (2) in subsection (l)--
       (A) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (B) by adding at the end the following:
       ``(2) Implementation at all land border ports of entry.--
     There are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2008 and 2009 to implement 
     the automated biometric entry and exit data system at all 
     land border ports of entry.''.

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

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

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

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

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

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

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

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

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

                       Subtitle C--Other Measures

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

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

     SEC. 1111. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased United States Customs and Border Protection 
     personnel to secure protected land along the international 
     land borders of the United States;
       (B) Federal land resource training for United States 
     Customs and Border Protection agents dedicated to protected 
     land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States.

[[Page 20439]]

       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the United States Fish and Wildlife 
     Service, the Forest Service, or the relevant agency of the 
     Department of the Interior or the Department of Agriculture 
     to minimize the adverse impact on natural and cultural 
     resources from border protection activities.
       (c) Analysis of Damage to Protected Lands.--The Secretary 
     and Secretaries concerned shall develop an analysis of damage 
     to protected lands relating to illegal border activity, 
     including the cost of equipment, training, recurring 
     maintenance, construction of facilities, restoration of 
     natural and cultural resources, recapitalization of 
     facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service for an appropriate cost recovery mechanism 
     relating to items identified in subsection (c); and
       (2) not later than 1 year from the date of enactment, 
     submit to the appropriate congressional committees (as 
     defined in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101)), including the Subcommittee on National Parks of 
     the Senate and the Subcommittee on National Parks, 
     Recreation, and Public Lands of the House of Representatives, 
     the recommendations developed under paragraph (1).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects the homeland, including--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (4) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.

     SEC. 1112. SECURE COMMUNICATION.

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

     SEC. 1113. UNMANNED AIRCRAFT SYSTEMS.

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

     SEC. 1114. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--The program developed under 
     this subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (A) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (B) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (C) liability, safety, and privacy concerns relating to the 
     utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely

[[Page 20440]]

     manner. Not later than 30 days after the date the Secretary 
     receives a report of findings from the Inspector General, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives, a report 
     of such findings and a description of any the steps that the 
     Secretary has taken or plans to take in response to such 
     findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 1115. SURVEILLANCE PLAN.

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

     SEC. 1116. NATIONAL STRATEGY FOR BORDER SECURITY.

       (a) Requirement for Strategy.--The Secretary, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall develop a National Strategy for Border 
     Security that describes actions to be carried out to achieve 
     operational control over all ports of entry into the United 
     States and the international land and maritime borders of the 
     United States.
       (b) Content.--The National Strategy for Border Security 
     shall include the following:
       (1) The implementation schedule for the comprehensive plan 
     for systematic surveillance described in section 1115.
       (2) An assessment of the threat posed by terrorists and 
     terrorist groups that may try to infiltrate the United States 
     at locations along the international land and maritime 
     borders of the United States.
       (3) A risk assessment for all United States ports of entry 
     and all portions of the international land and maritime 
     borders of the United States that includes a description of 
     activities being undertaken--
       (A) to prevent the entry of terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband into the United States; and
       (B) to protect critical infrastructure at or near such 
     ports of entry or borders.
       (4) An assessment of the legal requirements that prevent 
     achieving and maintaining operational control over the entire 
     international land and maritime borders of the United States.
       (5) An assessment of the most appropriate, practical, and 
     cost-effective means of defending the international land and 
     maritime borders of the United States against threats to 
     security and illegal transit, including intelligence 
     capacities, technology, equipment, personnel, and training 
     needed to address security vulnerabilities.
       (6) An assessment of staffing needs for all border security 
     functions, taking into account threat and vulnerability 
     information pertaining to the borders and the impact of new 
     security programs, policies, and technologies.
       (7) A description of the border security roles and missions 
     of Federal, State, regional, local, and tribal authorities, 
     and recommendations regarding actions the Secretary can carry 
     out to improve coordination with such authorities to enable 
     border security and enforcement activities to be carried out 
     in a more efficient and effective manner.
       (8) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, personal property rights, 
     privacy rights, and civil liberties, including an assessment 
     of efforts to take into account asylum seekers, trafficking 
     victims, unaccompanied minor aliens, and other vulnerable 
     populations.
       (9) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (10) A description of ways to ensure that the free flow of 
     travel and commerce is not diminished by efforts, activities, 
     and programs aimed at securing the international land and 
     maritime borders of the United States.
       (11) An assessment of additional detention facilities and 
     beds that are needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (12) A description of the performance metrics to be used to 
     ensure accountability by the bureaus of the Department in 
     implementing such Strategy.
       (13) A schedule for the implementation of the security 
     measures described in such Strategy, including a 
     prioritization of security measures, realistic deadlines for 
     addressing the security and enforcement needs, an estimate of 
     the resources needed to carry out such measures, and a 
     description of how such resources should be allocated.
       (c) Consultation.--In developing the National Strategy for 
     Border Security, the Secretary shall consult with 
     representatives of--
       (1) State, local, and tribal authorities with 
     responsibility for locations along the international land and 
     maritime borders of the United States; and
       (2) appropriate private sector entities, nongovernmental 
     organizations, and affected communities that have expertise 
     in areas related to border security.
       (d) Coordination.--The National Strategy for Border 
     Security shall be consistent with the National Strategy for 
     Maritime Security developed pursuant to Homeland Security 
     Presidential Directive 13, dated December 21, 2004.
       (e) Submission to Congress.--
       (1) Strategy.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     the National Strategy for Border Security.
       (2) Updates.--The Secretary shall submit to Congress any 
     update of such Strategy that the Secretary determines is 
     necessary, not later than 30 days after such update is 
     developed.
       (f) Immediate Action.--Nothing in this section or section 
     1107 may be construed to relieve the Secretary of the 
     responsibility to take all actions necessary and appropriate 
     to achieve and maintain operational control over the entire 
     international land and maritime borders of the United States.

     SEC. 1117. BORDER PATROL TRAINING CAPACITY REVIEW.

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

     SEC. 1118. BIOMETRIC DATA ENHANCEMENTS.

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

     SEC. 1119. US-VISIT SYSTEM.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary, in consultation with the heads of 
     other appropriate Federal agencies, shall submit to Congress 
     a schedule for--
       (1) equipping all land border ports of entry of the United 
     States with the U.S.-Visitor

[[Page 20441]]

     and Immigrant Status Indicator Technology (US-VISIT) system 
     implemented under section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a);
       (2) developing and deploying at such ports of entry the 
     exit component of the US-VISIT system; and
       (3) making interoperable all immigration screening systems 
     operated by the Secretary.

     SEC. 1120. DOCUMENT FRAUD DETECTION.

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

     SEC. 1121. BORDER RELIEF GRANT PROGRAM.

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

     SEC. 1122. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Administrator of General Services, in 
     consultation with United States Customs and Border 
     Protection, shall update the Port of Entry Infrastructure 
     Assessment Study prepared by United States Customs and Border 
     Protection in accordance with the matter relating to the 
     ports of entry infrastructure assessment that is set out in 
     the joint explanatory statement in the conference report 
     accompanying H.R. 2490 of the 106th Congress, 1st session 
     (House of Representatives Rep. No. 106-319, on page 67) and 
     submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 3422; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 1123. NATIONAL LAND BORDER SECURITY PLAN.

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

     SEC. 1124. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary shall carry out a 
     technology demonstration program to--
       (1) test and evaluate new port of entry technologies;
       (2) refine port of entry technologies and operational 
     concepts; and
       (3) train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology testing.--Under the technology demonstration 
     program, the Secretary shall test technologies that enhance 
     port of entry operations, including operations related to--
       (A) inspections;
       (B) communications;
       (C) port tracking;
       (D) identification of persons and cargo;
       (E) sensory devices;
       (F) personal detection;
       (G) decision support; and

[[Page 20442]]

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

     SEC. 1125. COMBATING HUMAN SMUGGLING.

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

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

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

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

       (a) Establishment of Commission.--
       (1) In general.--There is established an independent 
     commission to be known as the United States-Mexico Border 
     Enforcement Review Commission (referred to in this section as 
     the ``Commission'').
       (2) Purposes.--The purposes of the Commission are--
       (A) to study the overall enforcement strategies, programs, 
     and policies of Federal agencies along the United States-
     Mexico border; and
       (B) to make recommendations to the President and Congress 
     with respect to such strategies, programs, and policies.
       (3) Membership.--The Commission shall be composed of 17 
     voting members, who shall be appointed as follows:
       (A) The Governors of the States of California, New Mexico, 
     Arizona, and Texas shall each appoint 4 voting members of 
     whom--
       (i) 1 shall be a local elected official from the State's 
     border region;
       (ii) 1 shall be a local law enforcement official from the 
     State's border region; and
       (iii) 2 shall be from the State's communities of academia, 
     religious leaders, civic leaders, or community leaders.
       (B) 2 nonvoting members, of whom--
       (i) 1 shall be appointed by the Secretary;
       (ii) 1 shall be appointed by the Attorney General; and
       (iii) 1 shall be appointed by the Secretary of State.
       (4) Qualifications.--
       (A) In general.--Members of the Commission shall be--
       (i) individuals with expertise in migration, border 
     enforcement and protection, civil and human rights, community 
     relations, cross-border trade, and commerce or other 
     pertinent qualifications or experience; and
       (ii) representative of a broad cross section of 
     perspectives from the region along the international border 
     between the United States and Mexico;
       (B) Political affiliation.--Not more than 2 members of the 
     Commission appointed by each Governor under paragraph (3)(A) 
     may be members of the same political party.
       (C) Nongovernmental appointees.--An individual appointed as 
     a voting member to the Commission may not be an officer or 
     employee of the Federal Government.
       (5) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 6 months after 
     the enactment of this Act. If any member of the Commission 
     described in paragraph (3)(A) is not appointed by such date, 
     the Commission shall carry out its duties under this section 
     without the participation of such member.
       (6) Term of service.--The term of office for members shall 
     be for life of the Commission.
       (7) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall

[[Page 20443]]

     be filled in the same manner in which the original 
     appointment was made.
       (8) Meetings.--
       (A) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members.
       (9) Quorum.--Nine members of the Commission shall 
     constitute a quorum.
       (10) Chair and vice chair.--The voting members of the 
     Commission shall elect a Chairman and Vice Chairman from 
     among its members. The term of office shall be for the life 
     of the Commission.
       (b) Duties.--The Commission shall review, examine, and make 
     recommendations regarding border enforcement policies, 
     strategies, and programs, including recommendations 
     regarding--
       (1) the protection of human and civil rights of community 
     residents and migrants along the international border between 
     the United States and Mexico;
       (2) the adequacy and effectiveness of human and civil 
     rights training of enforcement personnel on such border;
       (3) the adequacy of the complaint process within the 
     agencies and programs of the Department that are employed 
     when an individual files a grievance;
       (4) the effect of the operations, technology, and 
     enforcement infrastructure along such border on the--
       (A) environment;
       (B) cross-border traffic and commerce; and
       (C) the quality of life of border communities;
       (5) local law enforcement involvement in the enforcement of 
     Federal immigration law; and
       (6) any other matters regarding border enforcement 
     policies, strategies, and programs the Commission determines 
     appropriate.
       (c) Information and Assistance From Federal Agencies.--
       (1) Information from federal agencies.--The Commission may 
     seek directly from any department or agency of the United 
     States such information, including suggestions, estimates, 
     and statistics, as allowed by law and as the Commission 
     considers necessary to carry out the provisions of this 
     section. Upon request of the Commission, the head of such 
     department or agency shall furnish such information to the 
     Commission.
       (2) Assistance from federal agencies.--The Administrator of 
     General Services shall, on a reimbursable basis, provide the 
     Commission with administrative support and other services for 
     the performance of the Commission's functions. The 
     departments and agencies of the United States may provide the 
     Commission with such services, funds, facilities, staff, and 
     other support services as they determine advisable and as 
     authorized by law.
       (d) Compensation.--
       (1) In general.--Members of the Commission shall serve 
     without pay.
       (2) Reimbursement of expenses.--All members of the 
     Commission shall be reimbursed for reasonable travel expenses 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.
       (e) Report.--Not later than 2 years after the date of the 
     first meeting called pursuant to (a)(8)(A), the Commission 
     shall submit a report to the President and Congress that 
     contains--
       (1) findings with respect to the duties of the Commission;
       (2) recommendations regarding border enforcement policies, 
     strategies, and programs;
       (3) suggestions for the implementation of the Commission's 
     recommendations; and
       (4) a recommendation as to whether the Commission should 
     continue to exist after the date of termination described in 
     subsection (g), and if so, a description of the purposes and 
     duties recommended to be carried out by the Commission after 
     such date.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (g) Sunset.--Unless the Commission is reauthorized by 
     Congress, the Commission shall terminate on the date that is 
     90 days after the date the Commission submits the report 
     described in subsection (e).

     SEC. 1128. OPERATION JUMP START.

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

                  TITLE XII--ENFORCEMENT ENHANCEMENTS

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

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

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

       (a) Amendments.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' the first place it 
     appears, except for the first reference in subsection 
     (a)(4)(B)(i), and inserting ``Secretary of Homeland 
     Security'';
       (2) by striking ``Attorney General'' any other place it 
     appears and inserting ``Secretary'';
       (3) in paragraph (1)--
       (A) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the expiration date of the stay of removal.'';
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Extension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to--
       ``(i) make all reasonable efforts to comply with the 
     removal order; or
       ``(ii) fully cooperate with the Secretary's efforts to 
     establish the alien's identity and carry out the removal 
     order, including failing to make timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspiring or acting to prevent the alien's 
     removal.''; and
       (C) by adding at the end the following:
       ``(D) Tolling of period.--If, at the time described in 
     subparagraph (B), the alien is not in the custody of the 
     Secretary under the authority of this Act, the removal period 
     shall not begin until the alien is taken into such custody. 
     If the Secretary lawfully transfers custody of the alien 
     during the removal period to another Federal agency or to a 
     State or local government agency in connection with the 
     official duties of such agency, the removal period shall be 
     tolled, and shall recommence on the date on which the alien 
     is returned to the custody of the Secretary.'';
       (4) in paragraph (2), by adding at the end the following: 
     ``If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administrative final order of removal, the 
     Secretary, in the exercise of discretion, may detain the 
     alien during the pendency of such stay of removal.'';
       (5) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     the immigration laws.'';
       (6) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary, without any limitations other than those 
     specified in this section, until the alien is removed. If an 
     alien is released, the alien'';
       (7) by redesignating paragraph (7) as paragraph (10); and
       (8) by inserting after paragraph (6) the following:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;

[[Page 20444]]

       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien; 
     and
       ``(ii) may consider any other evidence, including--

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

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

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

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

       ``(V) that--

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

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

       ``(II) the Secretary makes a certification as specified in 
     subparagraph (E), or the renewal of a certification specified 
     in subparagraph (H).
       ``(M) Detention review process for aliens who have not 
     effected an entry.--Except as otherwise provided in this 
     subparagraph, the Secretary shall follow the guidelines 
     established in section 241.4 of title 8, Code of Federal 
     Regulations, when detaining aliens who have not effected an 
     entry. The Secretary may decide to apply the review process 
     outlined in this paragraph.
       ``(9) Judicial review.--Judicial review of any action or 
     decision made pursuant to paragraph (6), (7), or (8) shall be 
     available exclusively in a habeas corpus proceeding brought 
     in a United States district court and only if the alien has 
     exhausted all administrative remedies (statutory and 
     nonstatutory) available to the alien as of right.''.
       (b) Effective Date.--The amendments made by subsection 
     (a)--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to--
       (A) any alien subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act, unless --
       (i) that order was issued and the alien was subsequently 
     released or paroled before the enactment of this Act and
       (ii) the alien has complied with and remains in compliance 
     with the terms and conditions of that release or parole; and
       (B) any act or condition occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (c) Detention of Aliens During Removal Proceedings.--
       (1) Detention of inadmissible arriving aliens.--Section 235 
     of the Immigration and Nationality Act (8 U.S.C. 1225) is 
     amended by adding at the end the following:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on other detention.--The length of a detention 
     under this section shall not affect the validity of any 
     detention under section 241.
       ``(f) Judicial Review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (e) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia if the alien has 
     exhausted all administrative remedies available to the alien 
     as of right.''.

[[Page 20445]]

       (2) Detention of apprehended aliens.--Section 236 of such 
     Act (8 U.S.C. 1226) is amended--
       (A) by redesignating subsection (e) as subsection (f);
       (B) by inserting after subsection (d) the following:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on other detention.--The length of a detention 
     under this section shall not affect the validity of any 
     detention under section 241.''; and
       (C) in subsection (f), as redesignated by subparagraph (A), 
     by adding at the end the following: ``Without regard to the 
     place of confinement, judicial review of any action or 
     decision made pursuant to subsection (f) shall be available 
     exclusively in a habeas corpus proceeding instituted in the 
     United States District Court for the District of Columbia if 
     the alien has exhausted all administrative remedies available 
     to the alien as of right.''.
       (d) Severability.--If any provision of this section, any 
     amendment made by this section, or the application of any 
     such provision or amendment to any person or circumstance is 
     held to be invalid for any reason, the remainder of this 
     section, the amendments made by this section, and the 
     application of the provisions and amendments made by this 
     section to any other person or circumstance shall not be 
     affected by such holding.

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

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

     SEC. 1204. ILLEGAL REENTRY.

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

     SEC. 1205. AGGRAVATED FELONY.

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

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

       (a) Definition of Criminal Gang.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by inserting after paragraph (51) the following:
       ``(52)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has, as 1 of its primary purposes, the 
     commission of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B).
       ``(B) Offenses described in this subparagraph, whether in 
     violation of Federal or State law or in violation of the law 
     of a foreign country, regardless of whether charged, and 
     regardless of whether the conduct occurred before, on, or 
     after the date of the enactment of this paragraph, are--
       ``(i) a felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802));
       ``(ii) a felony offense involving firearms or explosives, 
     including a violation of section 924(c), 924(h), or 931 of 
     title 18 (relating to purchase, ownership, or possession of 
     body armor by violent felons);
       ``(iii) an offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to the importation of an 
     alien for immoral purpose);
       ``(iv) a felony crime of violence as defined in section 16 
     of title 18, United States Code;
       ``(v) a crime involving obstruction of justice; tampering 
     with or retaliating against a witness, victim, or informant; 
     or burglary;
       ``(vi) any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery

[[Page 20446]]

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

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

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

     SEC. 1207. IMMIGRATION INJUNCTION REFORM.

       (a) Appropriate Remedies for Immigration Legislation.--
       (1) Requirements for an order granting prospective relief 
     against the government.--
       (A) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (iv) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (B) Written explanation.--The requirements described in 
     subparagraph (A) shall be discussed and explained in writing 
     in the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (C) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (i) makes the findings required under subparagraph (A) for 
     the entry of permanent prospective relief; and
       (ii) makes the order final before expiration of such 90-day 
     period.
       (D) Requirements for order denying motion.--This paragraph 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (2) Procedure for motion affecting order granting 
     prospective relief against the government.--
       (A) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (B) Automatic stays.--
       (i) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the

[[Page 20447]]

     court, stay the order granting prospective relief on the date 
     that is 15 days after the date on which such motion is filed 
     unless the court previously has granted or denied the 
     Government's motion.
       (ii) Duration of automatic stay.--An automatic stay under 
     clause (i) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (iii) Postponement.--The court, for good cause, may 
     postpone an automatic stay under clause (i) for not longer 
     than 15 days.
       (iv) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in clause (i), other than an 
     order to postpone the effective date of the automatic stay 
     for not longer than 15 days under clause (iii), shall be--

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

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

     SEC. 1208. DEFINITION OF GOOD MORAL CHARACTER.

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

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

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

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

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

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

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

[[Page 20448]]

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

     SEC. 1210. INCARCERATION OF CRIMINAL ALIENS.

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

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

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

     SEC. 1212. STRENGTHENING THE DEFINITION OF CONVICTION.

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

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

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

     SEC. 1214. IMPROVEMENTS TO EMPLOYMENT ELIGIBILITY 
                   VERIFICATION.

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

[[Page 20449]]

     the Federal Register, to issue regulations concerning 
     operational and technical aspects of the Basic Pilot Program 
     and the efficiency, accuracy, and security of that Program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $60,000,000 for fiscal year 2008 to carry 
     out this section.

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

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

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

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

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

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

[[Page 20450]]

       ``(2) shall--
       ``(A) serve for a term of 5 years; and
       ``(B) be subject to removal by the President if the 
     President--
       ``(i) finds that the performance of the Deputy Secretary of 
     Homeland Security for Management is unsatisfactory; and
       ``(ii) communicates the reasons for removing the Deputy 
     Secretary of Homeland Security for Management to Congress 
     before such removal;
       ``(3) may be reappointed in accordance with paragraph (1), 
     if the Secretary has made a satisfactory determination under 
     paragraph (5) for the 3 most recent performance years;
       ``(4) shall enter into an annual performance agreement with 
     the Secretary that shall set forth measurable individual and 
     organizational goals; and
       ``(5) shall be subject to an annual performance evaluation 
     by the Secretary, who shall determine as part of each such 
     evaluation whether the Deputy Secretary of Homeland Security 
     for Management has made satisfactory progress toward 
     achieving the goals set out in the performance agreement 
     required under paragraph (4).''.
       (d) Incumbent.--The individual who serves in the position 
     of Under Secretary for Management of the Department of 
     Homeland Security on the date of enactment of this Act--
       (1) may perform all the duties of the Deputy Secretary of 
     Homeland Security for Management at the pleasure of the 
     President, until a Deputy Secretary of Homeland Security for 
     Management is appointed in accordance with subsection (c) of 
     section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341), as added by this Act; and
       (2) may be appointed Deputy Secretary of Homeland Security 
     for Management, if such appointment is otherwise in 
     accordance with sections 103 and 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
       (e) References.--References in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Under 
     Secretary for Management of the Department of Homeland 
     Security shall be deemed to refer to the Deputy Secretary of 
     Homeland Security for Management.
       (f) Technical and Conforming Amendments.--
       (1) Other reference.--Section 702(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking 
     ``Under Secretary for Management'' and inserting ``Deputy 
     Secretary of Homeland Security for Management''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) 
     is amended by striking the item relating to section 701 and 
     inserting the following:

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

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

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

       At the appropriate place, insert the following:

     SEC. __. INDEPENDENT PASSPORT CARD TECHNOLOGY EVALUATION.

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

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

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

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

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

[[Page 20451]]


                                 ______
                                 
  SA 2419. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 2400 submitted by Mr. Vitter (for himself, Mr. 
Nelson of Florida, and Ms. Stabenow) and intended to be proposed to the 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     None of the funds made available in this Act for fiscal year 
     2008 for U.S. Customs and Border Protection may be used to 
     prevent an individual from importing a prescription drug from 
     Canada if--
       (1) such individual--
       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g)));
       (B) imports such drug by transporting it on their person; 
     and
       (C) while importing such drug, only transports a personal-
     use quantity of such drug that does not exceed a 90-day 
     supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2420. Ms. COLLINS (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

      TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

     SEC. 601. SHORT TITLE.

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

     SEC. 602. DEFINITIONS.

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

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

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

     SEC. 604. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

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

     SEC. 605. NATIONAL LAND BORDER SECURITY PLAN.

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

[[Page 20452]]

       (B) to provide other assistance with the preparation of the 
     plan required under subsection (a).

     SEC. 606. EXPANSION OF COMMERCE SECURITY PROGRAMS.

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

     SEC. 607. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

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

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

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

       At the appropriate place, insert the following:

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

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

       At the appropriate place, insert the following:

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

       (a) Short Title.--This section may be cited as the ``Laser 
     Visa Extension Act of 2007''.
       (b) In General.--Except as provided under subsection (c), 
     the Secretary of Homeland Security shall permit a national of 
     Mexico to travel up to 100 miles from the international 
     border between Mexico and Mexico if such national--
       (1) possesses a valid machine-readable biometric border 
     crossing identification card issued by a consular officer of 
     the Department of State;
       (2) enters New Mexico through a port of entry where such 
     card is processed using a machine reader;
       (3) has successfully completed any background check 
     required by the Secretary for such travel; and

[[Page 20453]]

       (4) is admitted into the United States as a nonimmigrant 
     under section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)).
       (c) Exception.--On a case-by-case basis, the Secretary of 
     Homeland Security may limit the travel of a national of 
     Mexico who meets the requirements of paragraphs (1) through 
     (4) of subsection (a) to a distance of less than 100 miles 
     from the international border between Mexico and New Mexico 
     if the Secretary determines that the national--
       (1) was previously admitted into the United States as a 
     nonimmigrant; and
       (2) violated the terms and conditions of the national's 
     nonimmigrant status.
                                 ______
                                 
  SA 2424. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COOPERATION WITH THE GOVERNMENT OF MEXICO.

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

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

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

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

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

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

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

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

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

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON LANDOWNER'S LIABILITY.

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

       At the appropriate place, insert the following:

[[Page 20454]]



     SEC. __. EMPLOYMENT-BASED VISAS.

       (a) Recapture of Unused Employment-Based Immigrant Visas.--
     Section 106(d) of the American Competitiveness in the Twenty-
     first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 
     note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1994, 1996, 1997, 1998,'' after 
     ``available in fiscal year'';
       (B) by striking ``or 2004'' and inserting ``2004, or 
     2006''; and
       (C) by striking ``be available'' and all that follows and 
     inserting the following: ``be available only to--
       ``(A) employment-based immigrants under paragraphs (1), 
     (2), and (3) of section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b));
       ``(B) the family members accompanying or following to join 
     such employment-based immigrants under section 203(d) of such 
     Act; and
       ``(C) those immigrant workers who had petitions approved 
     based on Schedule A, Group I under section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``1999 through 2004'' 
     and inserting ``1994, 1996 through 1998, 2001 through 2004, 
     and 2006''; and
       (B) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) Distribution of visas.--The total number of visas 
     made available under paragraph (1) from unused visas from 
     fiscal years 1994, 1996 through 1998, 2001 through 2004, and 
     2006 shall be distributed as follows:
       ``(I) The total number of visas made available for 
     immigrant workers who had petitions approved based on 
     Schedule A, Group I under section 656.5 of title 20, Code of 
     Federal Regulations, as promulgated by the Secretary of Labor 
     shall be 61,000.
       ``(II) The visas remaining from the total made available 
     under subclause (I) shall be allocated to employment-based 
     immigrants with approved petitions under paragraph (1), (2), 
     or (3) of section 203(b) of the Immigration and Nationality 
     Act (and their family members accompanying or following to 
     join).''.
       (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) in clause (vi), by striking ``and'' at the end;
       (2) by redesignating clause (vii) as clause (ix); and
       (3) by inserting after clause (vi) the following:
       ``(vii) 65,000 in each of fiscal years 2004 through 2007;
       ``(viii) 115,000 in fiscal year 2008; and''.
                                 ______
                                 
  SA 2429. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERIODS OF ADMISSION.

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

       At the appropriate place, insert the following:

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

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

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

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

       Not later than 45 days after the date of enactment of this 
     Act, the Department of Homeland Security (referred to in this 
     section as the ``Department'') shall submit to Congress a 
     report on the construction of physical barriers on the 
     southwest border of the United States that details the type 
     of land (such as Federal, State, tribal, or private land) in 
     which the Department shall seek to acquire interests, via 
     contract or purchase, to construct a fence along the border 
     or at any other location determined by the Department to be 
     necessary to exercise the power of eminent domain and condemn 
     property for such construction: Provided, That the report 
     shall include the actual locations of the land (as 
     demonstrated by geological and topological maps), the 
     identity and addresses of private landowners who may be 
     affected by action carried out under this section, and steps 
     the Department has

[[Page 20455]]

     taken or intends to take to consult with affected parties, 
     and, if condemnation is required, to compensate landowners 
     for the property: Provided further, That the report shall 
     contain detailed timelines for construction of the fence 
     (including monthly and quarterly timelines), the 
     environmental assessment of the impact of the construction, 
     and a description of the ways in which the Department intends 
     to coordinate the construction with the Corps of Engineers.
                                 ______
                                 
  SA 2432. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending Septembr 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

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

       On page 69, after line 24, add the following:
       Sec. 536.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual from importing a prescription drug from Canada or 
     Mexico if--
       (1) such individual--
       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g)));
       (B) imports such drug by transporting it on their person; 
     and
       (C) while importing such drug, only transports a personal-
     use quantity of such drug that does not exceed a 90-day 
     supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2434. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2400 proposed by Mr. Vitter (for himself, Mr. Nelson of 
Florida, and Ms. Stabenow) and intended to be proposed to the amendment 
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

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

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

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

          TITLE VI--PROTECTION OF UNACCOMPANIED ALIEN CHILDREN

     SEC. 601. SHORT TITLE.

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

     SEC. 602. DEFINITIONS.

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

[[Page 20456]]

       (1) State courts acting in loco parentis.--A department or 
     agency of a State, or an individual or entity appointed by a 
     State court or a juvenile court located in the United States, 
     acting in loco parentis, shall not be considered a legal 
     guardian for purposes of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279) or this title.
       (2) Clarification of the definition of unaccompanied alien 
     child.--For the purposes of section 462(g)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g)(2)) and this title, a 
     parent or legal guardian shall not be considered to be 
     available to provide care and physical custody of an alien 
     child unless such parent is in the physical presence of, and 
     able to exercise parental responsibilities over, such child 
     at the time of such child's apprehension and during the 
     child's detention.

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

     SEC. 611. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), an immigration 
     officer who finds an unaccompanied alien child described in 
     paragraph (2) at a land border or port of entry of the United 
     States and determines that such child is inadmissible under 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country, which is contiguous with the United 
     States and has an agreement in writing with the United States 
     that provides for the safe return and orderly repatriation of 
     unaccompanied alien children who are nationals or habitual 
     residents of such country, shall be treated in accordance 
     with paragraph (1) if the Secretary determines, on a case-by-
     case basis, that--
       (i) such child is a national or habitual resident of a 
     country described in this subparagraph;
       (ii) such child does not have a fear of returning to the 
     child's country of nationality or country of last habitual 
     residence owing to a fear of persecution;
       (iii) the return of such child to the child's country of 
     nationality or country of last habitual residence would not 
     endanger the life or safety of such child; and
       (iv) the child is able to make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right, and shall be informed 
     of that right in the child's native language--
       (i) to consult with a consular officer from the child's 
     country of nationality or country of last habitual residence 
     prior to repatriation; and
       (ii) to consult, telephonically, with the Office.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with subsection (b).
       (b) Care and Custody of Unaccompanied Alien Children Found 
     in the Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subparagraphs (B) and (C) and subsection (a), the care and 
     custody of all unaccompanied alien children, including 
     responsibility for their detention, where appropriate, shall 
     be under the jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Department of Justice 
     shall retain or assume the custody and care of any 
     unaccompanied alien who is--
       (i) in the custody of the Department of Justice pending 
     prosecution for a Federal crime other than a violation of the 
     Immigration and Nationality Act; or
       (ii) serving a sentence pursuant to a conviction for a 
     Federal crime.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Department 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence, based on an individualized determination, that such 
     child could personally endanger the national security of the 
     United States.
       (2) Notification.--
       (A) In general.--Each department or agency of the Federal 
     Government shall promptly notify the Office upon--
       (i) the apprehension of an unaccompanied alien child;
       (ii) the discovery that an alien in the custody of such 
     department or agency is an unaccompanied alien child;
       (iii) any claim by an alien in the custody of such 
     department or agency that such alien is younger than 18 years 
     of age; or
       (iv) any suspicion that an alien in the custody of such 
     department or agency who has claimed to be at least 18 years 
     of age is actually younger than 18 years of age.
       (B) Special rule.--The Director shall--
       (i) make an age determination for an alien described in 
     clause (iii) or (iv) of subparagraph (A) in accordance with 
     section 615; and
       (ii) take whatever other steps are necessary to determine 
     whether such alien is eligible for treatment under section 
     462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or 
     under this title.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--Any Federal department or 
     agency that has an unaccompanied alien child in its custody 
     shall transfer the custody of such child to the Office--
       (i) not later than 72 hours after a determination is made 
     that such child is an unaccompanied alien, if the child is 
     not described in subparagraph (B) or (C) of paragraph (1);
       (ii) if the custody and care of the child has been retained 
     or assumed by the Attorney General under paragraph (1)(B) or 
     by the Department under paragraph (1)(C), following a 
     determination that the child no longer meets the description 
     set forth in such subparagraphs; or
       (iii) if the child was previously released to an individual 
     or entity described in section 612(a)(1), upon a 
     determination by the Director that such individual or entity 
     is no longer able to care for the child.
       (B) Transfer to the department.--The Director shall 
     transfer the care and custody of an unaccompanied alien child 
     in the custody of the Office or the Department of Justice to 
     the Department upon determining that the child is described 
     in subparagraph (B) or (C) of paragraph (1).
       (C) Promptness of transfer.--If a child needs to be 
     transferred under this paragraph, the sending office shall 
     make prompt arrangements to transfer such child and the 
     receiving office shall make prompt arrangements to receive 
     such child.
       (c) Age Determinations.--If the age of an alien is in 
     question and the resolution of questions about the age of 
     such alien would affect the alien's eligibility for treatment 
     under section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279) or this title, a determination of whether or not 
     such alien meets such age requirements shall be made in 
     accordance with section 615, unless otherwise specified in 
     subsection (b)(2)(B).
       (d) Access to Alien.--The Secretary and the Attorney 
     General shall permit the Office to have reasonable access to 
     aliens in the custody of the Secretary or the Attorney 
     General to ensure a prompt determination of the age of such 
     alien, if necessary under subsection (b)(2)(B).

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

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

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

[[Page 20457]]

       (V) verification of familial relationship of such 
     individual, if any relationship is claimed; and
       (VI) verification of nature and extent of previous 
     relationship;

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

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

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

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

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

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

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

     SEC. 614. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party, and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children

[[Page 20458]]

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

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

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

     SEC. 616. EFFECTIVE DATE.

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

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

     SEC. 621. CHILD ADVOCATES.

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

[[Page 20459]]

     unaccompanied alien children in the care of the Office.
       (3) Scope of program.--
       (A) Selection of site.--The Director shall select 3 sites 
     at which to operate the pilot program established under 
     paragraph (1).
       (B) Number of children.--Each site selected under 
     subparagraph (A) should have not less than 25 children held 
     in immigration custody at any given time, to the greatest 
     extent possible.
       (4) Report to congress.--Not later than 1 year after the 
     date on which the first pilot program site is established 
     under paragraph (1), the Director shall submit a report on 
     the achievement of the purposes described in paragraph (2) to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 622. COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure, to the greatest 
     extent practicable, that all unaccompanied alien children in 
     the custody of the Office or the Department, who are not 
     described in section 611(a)(2), have competent counsel to 
     represent them in immigration proceedings or matters.
       (2) Pro bono representation.--To the greatest extent 
     practicable, the Director shall--
       (A) make every effort to utilize the services of competent 
     pro bono counsel who agree to provide representation to such 
     children without charge; and
       (B) ensure that placements made under subparagraphs (D), 
     (E), and (F) of section 612(a)(1) are in cities in which 
     there is a demonstrated capacity for competent pro bono 
     representation.
       (3) Development of necessary infrastructures and systems.--
     The Director shall develop the necessary mechanisms to 
     identify and recruit entities that are available to provide 
     legal assistance and representation under this subsection.
       (4) Contracting and grant making authority.--
       (A) In general.--The Director shall enter into contracts 
     with, or award grants to, nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out the 
     responsibilities of this title, including providing legal 
     orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys.
       (B) Subcontracting.--Nonprofit agencies may enter into 
     subcontracts with, or award grants to, private voluntary 
     agencies with relevant expertise in the delivery of 
     immigration-related legal services to children in order to 
     carry out this subsection.
       (C) Considerations regarding grants and contracts.--In 
     awarding grants and entering into contracts with agencies 
     under this paragraph, the Director shall take into 
     consideration the capacity of the agencies in question to 
     properly administer the services covered by such grants or 
     contracts without an undue conflict of interest.
       (5) Model guidelines on legal representation of children.--
       (A) Development of guidelines.--The Director of the 
     Executive Office for Immigration Review of the Department of 
     Justice, in consultation with voluntary agencies and national 
     experts, shall develop model guidelines for the legal 
     representation of alien children in immigration proceedings. 
     Such guidelines shall be based on the children's asylum 
     guidelines, the American Bar Association Model Rules of 
     Professional Conduct, and other relevant domestic or 
     international sources.
       (B) Purpose of guidelines.--The guidelines developed under 
     subparagraph (A) shall be designed to help protect each child 
     from any individual suspected of involvement in any criminal, 
     harmful, or exploitative activity associated with the 
     smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       (C) Implementation.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the Executive 
     Office for Immigration Review shall--
       (i) adopt the guidelines developed under subparagraph (A); 
     and
       (ii) submit the guidelines for adoption by national, State, 
     and local bar associations.
       (b) Duties.--Counsel under this section shall--
       (1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Department;
       (2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Department; and
       (3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due to an adult client.
       (c) Access to Child.--
       (1) In general.--Counsel under this section shall have 
     reasonable access to the unaccompanied alien child, including 
     access while the child is--
       (A) held in detention;
       (B) in the care of a foster family; or
       (C) in any other setting that has been determined by the 
     Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, a child who is represented by counsel 
     may not be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (d) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (e) Access to Recommendations of Child Advocate.--Counsel 
     shall be given an opportunity to review the recommendations 
     of the child advocate affecting or involving a client who is 
     an unaccompanied alien child.
       (f) Counsel for Unaccompanied Alien Children.--Nothing in 
     this title may be construed to require the Government of the 
     United States to pay for counsel to any unaccompanied alien 
     child.

     SEC. 623. EFFECTIVE DATE; APPLICABILITY.

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

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

     SEC. 631. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

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

[[Page 20460]]

     State in which the child resides for such expenditures by the 
     State.
       (d) Transition Rule.--Notwithstanding any other provision 
     of law, a child described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a)(1), may not be denied such special immigrant juvenile 
     classification after the date of the enactment of this Act 
     based on age if the child--
       (1) filed an application for special immigrant juvenile 
     classification before the date of the enactment of this Act 
     and was 21 years of age or younger on the date such 
     application was filed; or
       (2) was younger than 21 years of age on the date on which 
     the child applied for classification as a special immigrant 
     juvenile and can demonstrate exceptional circumstances 
     warranting relief.
       (e) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     rules to carry out this section.
       (f) Effective Date.--The amendments made by this section 
     shall apply to all aliens who were in the United States 
     before, on, or after the date of the enactment of this Act.

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

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

     SEC. 633. REPORT.

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

            Subtitle D--Children Refugee and Asylum Seekers

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

       (a) Sense of Congress.--Congress--
       (1) commends the former Immigration and Naturalization 
     Service for its ``Guidelines for Children's Asylum Claims'', 
     issued in December 1998;
       (2) encourages and supports the Department to implement 
     such guidelines to facilitate the handling of children's 
     affirmative asylum claims;
       (3) commends the Executive Office for Immigration Review of 
     the Department of Justice for its ``Guidelines for 
     Immigration Court Cases Involving Unaccompanied Alien 
     Children'', issued in September 2004;
       (4) encourages and supports the continued implementation of 
     such guidelines by the Executive Office for Immigration 
     Review in its handling of children's asylum claims before 
     immigration judges; and
       (5) understands that the guidelines described in paragraph 
     (3)--
       (A) do not specifically address the issue of asylum claims; 
     and
       (B) address the broader issue of unaccompanied alien 
     children.
       (b) Training.--
       (1) Immigration officers.--The Secretary shall provide 
     periodic comprehensive training under the ``Guidelines for 
     Children's Asylum Claims'' to asylum officers and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers.
       (2) Immigration judges.--The Director of the Executive 
     Office for Immigration Review shall--
       (A) provide periodic comprehensive training under the 
     ``Guidelines for Immigration Court Cases Involving 
     Unaccompanied Alien Children'' and the ``Guidelines for 
     Children's Asylum Claims'' to immigration judges and members 
     of the Board of Immigration Appeals; and
       (B) redistribute the ``Guidelines for Children's Asylum 
     Claims'' to all immigration courts as part of its training of 
     immigration judges.
       (3) Use of voluntary agencies.--Voluntary agencies shall be 
     allowed to assist in the training described in this 
     subsection.
       (c) Statistics and Reporting.--
       (1) Statistics.--
       (A) Department of justice.--The Attorney General shall 
     compile and maintain statistics on the number of cases in 
     immigration court involving unaccompanied alien children, 
     which shall include, with respect to each such child, 
     information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality;
       (iv) representation by counsel;
       (v) the relief sought; and
       (vi) the outcome of such cases.
       (B) Department of homeland security.--The Secretary shall 
     compile and maintain statistics on the instances of 
     unaccompanied alien children in the custody of the 
     Department, which shall include, with respect to each such 
     child, information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality; and
       (iv) the length of detention.
       (2) Reports to congress.--Not later than 90 days after the 
     date of the enactment of this Act, and annually, thereafter, 
     the Attorney General, in consultation with the Secretary, 
     Secretary of Health and Human Services, and any other 
     necessary government official, shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary House of Representatives on the number of alien 
     children in Federal custody during the most recently 
     concluded fiscal year. Information contained in the report, 
     with respect to such children, shall be categorized by--
       (A) age;
       (B) gender;
       (C) country of nationality;
       (D) length of time in custody;
       (E) the department or agency with custody; and
       (F) treatment as an unaccompanied alien child.

     SEC. 642. UNACCOMPANIED REFUGEE CHILDREN.

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

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

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

[[Page 20461]]

       ``(C) Initial jurisdiction.--United States Citizenship and 
     Immigration Services shall have initial jurisdiction over any 
     asylum application filed by an unaccompanied alien child.''.

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

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

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

     SEC. 652. TECHNICAL CORRECTIONS.

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

     SEC. 653. EFFECTIVE DATE.

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

               Subtitle F--Prison Sexual Abuse Prevention

     SEC. 661. SHORT TITLE.

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

     SEC. 662. SEXUAL ABUSE.

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

              Subtitle G--Authorization of Appropriations

     SEC. 671. AUTHORIZATION OF APPROPRIATIONS.

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

       At the end, add the following:

                  TITLE VI--VISA AND PASSPORT SECURITY

     SEC. 601. SHORT TITLE.

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

             Subtitle A--Reform of Passport Fraud Offenses

     SEC. 611. TRAFFICKING IN PASSPORTS.

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

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 
     period of 3 years or less, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more passports;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more passports;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes 10 or more passports, knowing the passports to be 
     forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more applications for a United States passport, 
     knowing the applications to contain any false statement or 
     representation,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, buys, sells, possesses, or 
     uses any official material (or counterfeit of any official 
     material) used to make a passport, including any distinctive 
     paper, seal, hologram, image, text, symbol, stamp, engraving, 
     or plate, shall be fined under this title, imprisoned not 
     more than 20 years, or both.''.

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

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

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

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

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

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

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

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

     SEC. 614. MISUSE OF A PASSPORT.

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

     ``Sec. 1544. Misuse of a passport

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

     SEC. 615. SCHEMES TO DEFRAUD ALIENS.

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

     ``Sec. 1545. Schemes to defraud aliens

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under Federal immigration laws or any 
     matter the offender claims or represents is authorized by or 
     arises under Federal immigration laws, to--

[[Page 20462]]

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

     SEC. 616. IMMIGRATION AND VISA FRAUD.

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

     ``Sec. 1546. Immigration and visa fraud

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

     SEC. 617. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN 
                   OFFENSES.

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

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

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

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Additional jurisdiction

       ``(a) In General.--Any person who commits an offense under 
     this chapter within the special maritime and territorial 
     jurisdiction of the United States shall be punished as 
     provided under this chapter.
       ``(b) Extraterritorial Jurisdiction.--Any person who 
     commits an offense under this chapter outside the United 
     States shall be punished as provided under this chapter if--
       ``(1) the offense involves a United States passport or 
     immigration document (or any document purporting to be such a 
     document) or any matter, right, or benefit arising under or 
     authorized by Federal immigration laws;
       ``(2) the offense is in or affects foreign commerce;
       ``(3) the offense affects, jeopardizes, or poses a 
     significant risk to the lawful administration of Federal 
     immigration laws, or the national security of the United 
     States;
       ``(4) the offense is committed to facilitate an act of 
     international terrorism (as defined in section 2331) or a 
     drug trafficking crime (as defined in section 929(a)(2)) that 
     affects or would affect the national security of the United 
     States;
       ``(5) the offender is a national of the United States or an 
     alien lawfully admitted for permanent residence (as those 
     terms are defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))); or
       ``(6) the offender is a stateless person whose habitual 
     residence is in the United States.

     ``Sec. 1550. Authorized law enforcement activities

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

     ``Sec. 1551. Definitions

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

     SEC. 619. CLERICAL AMENDMENT.

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

                       Subtitle B--Other Reforms

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

       (a) In General.--Pursuant to the authority under section 
     994 of title 28, United

[[Page 20463]]

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

     SEC. 622. RELEASE AND DETENTION PRIOR TO DISPOSITION.

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

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

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

     SEC. 624. DIPLOMATIC SECURITY SERVICE.

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

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

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

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

       ``No person shall be prosecuted, tried, or punished for a 
     violation of any section of chapters 69 (relating to 
     nationality and citizenship offenses) or 75 (relating to 
     passport and visa offenses) of this title, or for an attempt 
     or conspiracy to violate any such section, unless the 
     indictment is returned or the information is filed within ten 
     years after the commission of the offense.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     213 of title 18, United States Code, is amended by striking 
     the item relating to section 3291 and inserting the 
     following:
       ``3291. Immigration, passport, and naturalization 
           offenses''.
                                 ______
                                 
  SA 2438. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SHARED BORDER MANAGEMENT.

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

       At the appropriate place, insert the following:

     SEC. __. TRANSPORTATION FACILITY ACCESS CONTROL PROGRAMS.

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

       On page 5, line 20, before the period, insert the 
     following: ``: Provided, That the Inspector General shall 
     investigate decisions made regarding, and the policy of the 
     Federal Emergency Management Agency relating to, formaldehyde 
     in trailers in the Gulf Coast region and make recommendations 
     relating to that investigation, including recommendations on 
     any disciplinary or other personnel actions and 
     recommendations regarding any additional training necessary 
     for employees in the Office of General Counsel of the Federal 
     Emergency Management Agency to remedy institutionalized 
     biases that affect disaster victims, the feasability of, and 
     need for, developing a systematic process by which the 
     Federal Emergency Management Agency collects, reports, and 
     responds to occupants of housing supplied by the Federal 
     Emergency Management Agency (including such housing supplied 
     through a third party), and whether the Inspector General 
     should review complaints received by the Federal Emergency 
     Management Agency

[[Page 20464]]

     to facilitate early detection of problems and effective 
     mitigation and responsiveness: Provided further, That the 
     investigation under the previous proviso shall include any 
     other decision where the Inspector General determines that 
     the Office of General Counsel of the Federal Emergency 
     Management Agency prioritized insulating the Federal 
     Emergency Management Agency from possible legal liability 
     over public safety''.
       On page 35, line 15, before the period, insert the 
     following: ``: Provided further, That not later than 30 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall update training 
     practices for all customer service employees of the Federal 
     Emergency Management Agency and establish an appropriate 
     continuing education requirement for employees in the Office 
     of General Counsel of the Federal Emergency Management Agency 
     relating to addressing health concerns of disaster victims''.
       On page 40, line 24, before the period, insert the 
     following: ``: Provided further, That not later than 15 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     detailing the actions taken as of that date, and any actions 
     the Administrator will take, in response to the reports of 
     possible health impacts due to formaldehyde exposure in 
     certain trailers provided by the Federal Emergency Management 
     Agency, which shall include a description of any disciplinary 
     or other personnel actions taken in response to those 
     possible health impacts and a detailed policy for responding 
     to any reports of potential health hazards posed by any 
     materials provided by the Federal Emergency Management Agency 
     (including housing, food, water, or other materials): 
     Provided further, That the Administrator shall provide for 
     indoor air quality testing and root cause determination, 
     (including such testing and determination relating to 
     formaldehyde) of occupied and unoccupied trailers provided by 
     the Federal Emergency Management Agency, which shall be 
     reviewed or conducted by a third party with a proven record 
     of scientifically based environmental and epidemiological 
     testing: Provided further, That the Administrator shall work 
     with the heads of other appropriate Federal departments and 
     agencies (including components of the Department of Homeland 
     Security), impacted States, and disaster victims to make 
     available safe alternatives for living conditions based on 
     the results of the testing and determinations under the 
     previous proviso: Provided further, That the previous proviso 
     shall not be construed to limit the authority of the 
     Administrator to make accommodations for occupants requesting 
     relocation assistance due to potential health hazards in that 
     housing prior to receipt of such test results: Provided 
     further, That the Administrator and the Administrator of 
     General Services, in conjunction with the heads of other 
     appropriate Federal departments and agencies, including 
     components of the Department of Homeland Security, shall 
     develop a policy for surplus trailers to mitigate the health 
     impacts for potential occupants''.
                                 ______
                                 
  SA 2441. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 69, after line 24, insert the following:
       Sec. 536.  Notwithstanding any other provision of law, the 
     Administrator of the Transportation Security Administration 
     shall continue to prohibit any butane lighters from being 
     taken into an airport sterile area or onboard an aircraft 
     until the Administrator provides to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report identifying all 
     anticipated security benefits and any possible 
     vulnerabilities associated with allowing butane lighters into 
     airport sterile areas and onboard commercial aircraft, 
     including supporting analysis justifying the conclusions 
     reached. The Comptroller General of the United States shall 
     report on its assessment of the report submitted by the 
     Transportation Security Administration within 180 days of the 
     date the report is submitted. The Administrator shall not 
     take action to allow butane lighters into an airport sterile 
     area or onboard commercial aircraft until at least 60 days 
     after the Comptroller General submits the Comptroller 
     General's assessment of the Transportation Security 
     Administration report.
                                 ______
                                 
  SA 2442. Mr. COBURN (for himself, Mr. DeMINT, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:
       Sec. __. (a)(1)(A) None of the funds appropriated or 
     otherwise made available by this Act may be used to make any 
     payment in connection with a contract awarded through a 
     congressional initiative unless the contract is awarded using 
     competitive procedures in accordance with the requirements of 
     section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253), section 2304 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation.
       (B) Except as provided in paragraph (3), none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to make any payment in connection with a contract 
     awarded through a congressional initiative unless more than 
     one bid is received for such contract.
       (2) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement through 
     a congressional initiative unless the process used to award 
     such grant or cooperative agreement uses competitive 
     procedures to select the grantee or award recipient. Except 
     as provided in paragraph (3), no such grant may be awarded 
     unless applications for such grant or cooperative agreement 
     are received from two or more applicants that are not from 
     the same organization and do not share any financial, 
     fiduciary, or other organizational relationship.
       (3)(A) If the Secretary of Homeland Security does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     contract, grant, or cooperative agreement is essential to the 
     mission of the Department of Homeland Security.
       (b)(1) Not later than December 31, 2008, the Secretary of 
     Homeland Security shall submit to Congress a report on 
     congressional initiatives for which amounts were appropriated 
     during fiscal year 2008.
       (2) The report submitted under paragraph (1) shall include 
     with respect to each contract and grant awarded through a 
     congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) The report submitted under paragraph (1) shall be made 
     publicly available through the Internet website of the 
     Department of Homeland Security.
       (c) In this section:
       (1) The term ``congressional initiative'' means a provision 
     of law or a directive contained within a committee report or 
     joint statement of managers of an appropriations Act that 
     specifies--
       (A) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress; and
       (B) the amount of the funds appropriated or otherwise made 
     available for such project.
       (2) The term ``executive agency'' has the meaning given 
     such term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 2443. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (1) In general.--The Secretary of Homeland Security shall 
     improve the basic pilot program described in section 403(a) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) to--
       (A) respond to inquiries made by participating employers 
     through the Internet to help confirm an individual's identity 
     and determine whether the individual is authorized to be 
     employed in the United States;
       (B) electronically confirm the issuance of an employment 
     authorization or identity document to the individual who is 
     seeking employment, and to display the photograph that the 
     issuer placed on such document to allow an employer to verify 
     employment authorization or identity by comparing the 
     photograph displayed on the document presented by the 
     individual to the photograph

[[Page 20465]]

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

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

       At the end, add the following:
       Sec. 536. (a) Report on Interagency Operational Centers for 
     Port Security.--Not later than 180 days after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to Congress a report on the implementation and 
     use of interagency operational centers for port security 
     under section 70107A of title 46, United States Code.
       (b) Elements.--The report required by subsection shall 
     include the following:
       (1) A detailed description of the progress made in 
     transitioning Project Seahawk in Charleston, South Carolina, 
     from the Department of Justice to the Coast Guard, including 
     all projects and equipment associated with that project.
       (2) A detailed description of that actions being taken to 
     assure the integrity of Project Seahawk and ensure there is 
     no loss in cooperation between the agencies specified in 
     section 70107A(b)(3) of title 46, United State Code.
       (3) A detailed description and explanation of any changes 
     in Project Seahawk as of the date of the report, including 
     any changes in Federal, State, or local staffing of that 
     project.
                                 ______
                                 
  SA 2446. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

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

                         ``systems acquisition

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

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

     SEC. 536. INCREASING THE DOMESTIC SUPPLY OF NURSES AND 
                   PHYSICAL THERAPISTS THROUGH THE RECAPTURE OF 
                   UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.

       Section 106(d) of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1996, 1997,'' after ``available in 
     fiscal year''; and
       (B) by inserting ``group I,'' after ``schedule A,'';

[[Page 20466]]

       (2) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
     after ``available in fiscal years''; and
       (3) by adding at the end the following:
       ``(4) Petitions.--The Secretary of Homeland Security shall 
     provide a process for reviewing and acting upon petitions 
     with respect to immigrants described in schedule A not later 
     than 30 days after the date on which a completed petition has 
     been filed.''.
                                 ______
                                 
  SA 2449. Mrs. DOLE submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

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

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

       At the appropriate place, insert the following:

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

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

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

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

       At the appropriate place, insert the following:

     SEC. __. OFFSETTING LANGUAGE.

       All discretionary amounts made available under this Act, 
     other than the amounts appropriated under the subheadings 
     related to funding of customs and border patrol salaries and 
     expenses, immigration and customs enforcement salaries and 
     expenses, United States Coast Guard salaries and expenses, 
     United States Visitor and Immigrant Status Indicator 
     Technology project, disaster relief, flood map modernization 
     fund, national flood insurance fund, national flood 
     mitigation fund, national predisaster mitigation fund, 
     emergency food and shelter, and Federal law enforcement 
     training center salaries and expenses, shall be reduced on a 
     pro rata basis by $1,548,800,000.
                                 ______
                                 
  SA 2454. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

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

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

       (a) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien who is unlawfully present or removable for the purpose 
     of assisting in the enforcement of the immigration laws of 
     the United States, including laws related to visa overstay, 
     in the normal course of carrying out the law enforcement 
     duties of such personnel. This State authority has never been 
     displaced or preempted by Federal law. This State authority 
     to detain or arrest shall not last longer than 72 hours 
     unless the Secretary of Homeland Security requests that the 
     State, or political subdivision of the State, continue to 
     detain or arrest the alien to facilitate transfer to Federal 
     custody. This State authority shall terminate if the State, 
     or political subdivision of the State, is directed by the 
     Secretary of Homeland Security to release the alien.

[[Page 20467]]

       (b) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

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

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

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

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

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

       (a) Authority To Provide Assistance.--Until operational 
     control of the border is achieved in accordance with the 
     Secure Fence Act of 2006 (Public Law 109-367), the Governor 
     of a State, upon the approval of the Secretary of Defense, 
     shall order any units or personnel of the National Guard of 
     such State--
       (1) to perform annual training duty under section 502(a) of 
     title 32, United States Code, to carry out in any State along 
     the southern land border of the United States the activities 
     authorized under subsection (b), for the purpose of securing 
     such border; and
       (2) to perform duties under section 502(f) of title 32, 
     United States Code, to provide command, control, and 
     continuity of support for units or personnel performing 
     annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized under 
     this subsection are any of the following:
       (1) Ground reconnaissance activities.
       (2) Airborne reconnaissance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Administrative support services.
       (6) Technical training services.
       (7) Emergency medical assistance and services.
       (8) Communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (12) Identification, interrogation, search, seizure, and 
     detention of any alien entering or attempting to enter the 
     United States in violation of any law or regulation regarding 
     the admission, exclusion, expulsion, or removal of aliens, 
     until the alien can be transferred into the custody of a 
     border patrol agent or a customs and border protection 
     officer.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between Governors of such States for 
     purposes of this section, and only with the approval of the 
     Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty. Individual periods of training duty shall not be 
     limited to 3 weeks per year.
       (f) Rules of Engagement.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     rules of engagement to be followed by units and personnel of 
     the National Guard tasked with authorized activities 
     described in subsection (b)(12). The rules of engagement for 
     the National Guard shall be equivalent to the rules of 
     engagement for Border Patrol agents.
       (g) Use of Force.--Nondeadly force may be used by National 
     Guard members stationed at the southern border in the 
     identification, interrogation, search, seizure, and detention 
     of any alien in accordance with subsection (b)(12).
       (h) Definitions.--In this section:
       (1) Governor of a state.--The term ``Governor of a State'' 
     means, in the case of the District of Columbia, the 
     Commanding General of the National Guard of the District of 
     Columbia.
       (2) Nondeadly force.--The term ``nondeadly force'' means 
     physical force or restraint that could not reasonably be 
     expected to result in, or be capable of, causing death or 
     serious bodily injury.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, and the Virgin Islands.
       (4) State along the southern boarder of the united 
     states.--The term ``State along the southern border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
       (i) Duration of Authority.--This section shall be effective 
     until operational control of the border is achieved in 
     accordance with the Secure Fence Act of 2006 (Public Law 109-
     367).
                                 ______
                                 
  SA 2457. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

[[Page 20468]]

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

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

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

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL ALIEN PROGRAM PILOT PROJECT.

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

     SEC. __. INCARCERATION OF CRIMINAL ALIENS.

       (a) Institutional Removal Program.--
       (1) Continuation.--The Secretary shall continue to operate 
     the Institutional Removal Program (referred to in this 
     section as the ``Program'') or shall develop and implement 
     another program to--
       (A) identify removable criminal aliens in Federal and State 
     correctional facilities;
       (B) ensure that such aliens are not released into the 
     community; and
       (C) remove such aliens from the United States after the 
     completion of their sentences.
       (2) Expansion.--The Secretary may extend the scope of the 
     Program to all States.
       (b) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State or political subdivision of a State may--
       (1) hold an illegal alien for a period not to exceed 14 
     days after the completion of the alien's State prison 
     sentence to effectuate the transfer of the alien to Federal 
     custody if the alien is removable or not lawfully present in 
     the United States; or
       (2) issue a detainer that would allow aliens who have 
     served a State prison sentence to be detained by the State 
     prison until authorized employees of United States 
     Immigration and Customs Enforcement can take the alien into 
     custody.
       (c) Technology Usage.--Technology, such as 
     videoconferencing, shall be used to the maximum extent 
     practicable to make the Program available in remote 
     locations. Mobile access to Federal databases of aliens, such 
     as IDENT, and live scan technology shall be used to the 
     maximum extent practicable to make these resources available 
     to State and local law enforcement agencies in remote 
     locations.
       (d) Report to Congress.--Not later than 6 months after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary shall submit a report to Congress on the 
     participation of States in the Program and in any other 
     program authorized under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 for fiscal year 2008 to carry 
     out the Institutional Removal Program.

     SEC. __. STRENGTHENING DEFINITION OF CONVICTION.

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

       At the appropriate place, insert the following:

[[Page 20469]]



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

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

       At the appropriate place, insert the following:

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

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

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

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

       At the appropriate place, insert the following:

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

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

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

       On page 69, after line 24, insert the following:
       Sec. 536. (a) The amount appropriated by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 under the heading 
     ``firefighter assistance grants'' is hereby increased by 
     $5,000,000 for necessary expenses to carry out the programs 
     authorized under section 34 of that Act (15 U.S.C. 2229a).
       (b) The amount appropriated by title III under the heading 
     ``infrastructure protection and information security'' is 
     hereby reduced by $2,000,000.
       (c) The amount appropriated by title I under the heading 
     ``analysis and operations'' is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 2466. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Domenici, 
Mrs. Feinstein, Mr. Cornyn, and Mrs. Boxer) submitted an amendment 
intended to be proposed by her to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVEMENT OF BARRIERS AT BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``in the Border 
     Area'' and inserting ``Along the Border'';
       (B) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (C) in paragraph (2), as redesignated--
       (i) in the paragraph heading, by striking ``Security 
     features'' and inserting ``Additional fencing along southwest 
     border''; and

[[Page 20470]]

       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Interior, the Secretary of Agriculture, States, 
     local governments, Indian tribes, and property owners in the 
     United States to minimize the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

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

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

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

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

       (a) In General.--Notwithstanding any other provision of 
     law, except as provided in subsection (b), and not later than 
     30 days after the date that the President determines whether 
     to declare a major disaster because of an event, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall include all data used to determine 
     whether--
       (1) to declare a major disaster; or
       (2) a State will be eligible for assistance under title IV 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170 et seq.).
       (b) Exception.--The Administrator may redact from a report 
     under subsection (a) any data that the Administrator 
     determines would compromise national security.
       (c) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
                                 ______
                                 
  SA 2468. Ms. LANDRIEU proposed an amendment to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

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

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

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

       On page 7, line 7, insert after ``operations;'' the 
     following: ``of which such sums shall hire and deploy 200 
     additional CBP officers at domestic airports receiving 
     significant numbers of international passengers to alleviate 
     wait times at such airports;''
                                 ______
                                 
  SA 2472. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of funds made available in this or any 
     other Act for fiscal year 2008 may be used to enforce section 
     4025(1) of Public Law 108-458 until the Assistant Secretary 
     (Transportation Security Administration) submits to the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     the Committee on Homeland Security of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report identifying all 
     anticipated security benefits and any possible 
     vulnerabilities associated with allowing butane lighters into 
     airport sterile areas and onboard commercial aircraft, 
     including analysis in support of the conclusions reached. The 
     Comptroller General of the United States shall report on the 
     Comptroller General's assessment of the report submitted by 
     the Transportation Security Administration to the Committees 
     within 180 days of its submission. The Assistant Secretary 
     (Transportation Security Administration) shall not take any 
     action to allow butane lighters into airport sterile areas or 
     onboard commercial aircraft until at least 60 days after the

[[Page 20471]]

     Comptroller General submits the Comptroller General's 
     assessment of the Transportation Security Administration 
     report.
                                 ______
                                 
  SA 2473. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Casey) submitted 
an amendment intended to be proposed to amendment SA 2383 proposed by 
Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

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

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

     SEC. 536. CHEMICAL FACILITY ANTITERRORISM STANDARDS.

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

                          ____________________




                          NOTICES OF HEARINGS


            committee on small business and entrepreneurship

  Mr. KERRY. Mr. President, I would like to inform the Members that the 
Committee on Small Business and Entrepreneurship will hold a staff-led 
public roundtable entitled ``Reauthorization of the Small Business 
Innovation Research Programs: National Academies' Findings and 
Recommendations,'' on August 1, 2007, at 10 a.m. in room 428A of the 
Russell Senate Office Building.


                    SUBCOMMITTEE ON WATER AND POWER

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Subcommittee on Water and Power of the Committee 
on Energy and Natural Resources. The hearing will be held on August 1, 
2007, at 2:30 p.m., in room 366 of the Dirksen Senate Office Building 
in Washington, DC.
  The purpose of the hearing is to receive testimony on the following 
bills: S. 1054 and H.R. 122, to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the Inland Empire regional recycling project 
and in the Cucamonga Valley Water District recycling project; S. 1472, 
to authorize the Secretary of the Interior to create a Bureau of 
Reclamation partnership with the North Bay Water Reuse Authority and 
other regional partners to achieve objectives relating to water supply, 
water quality, and environmental restoration; S. 1475 and H.R. 1526, to 
amend the Reclamation Wastewater and Groundwater Study and Facilities 
Act to authorize the Bay Area Regional Water Recycling Program, and for 
other purposes; H.R. 30, to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the Eastern Municipal Water District 
Recycled Water System Pressurization and Expansion Project; H.R. 609, 
to amend the Reclamation Wastewater and Groundwater Study and 
Facilities Act to authorize the Secretary of the Interior to 
participate in the Central Texas Water Recycling and Reuse Project, and 
for other purposes; and H.R. 1175, to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to the ceiling on the Federal 
share of the costs of phase I of the Orange County, California, 
Regional Water Reclamation Project.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record should send it to the Committee on 
Energy and Natural Resources, United States Senate, Washington, DC 
20510-6150, or by email to: Gina W[email protected].

[[Page 20472]]

  For further information, please contact Michael Connor at (202) 224-
5479 or Gina Weinstock at (202) 224-5684.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


           committee on commerce, science, and transportation

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Commerce, Science, and Transportation be authorized to hold a 
hearing during the session of the Senate on Wednesday, July 25, 2007, 
at 2:30 p.m., in room 253 of the Russell Senate Office Building.
  The purpose of this hearing is to explore the U.S.-China trading 
relationship, with analysis of the current status of trade between the 
two nations and the impact of U.S.-China trade on U.S. manufacturers, 
consumers, and workers.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on energy and natural resources

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Energy and Natural Resources be authorized to hold a business 
meeting during the session of the Senate on Wednesday, July 25, at 
11:30 a.m., in room SD-366 of the Dirksen Senate Office Building.
  The purpose of the business meeting is to consider pending calendar 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
Wednesday, July 25, 2007, at 10 a.m., in room 215 of the Dirksen Senate 
Office Building in order to hear testimony regarding the nominations of 
Dr. Tevi David Troy to be Deputy Secretary of Health and Human 
Services, Department of Health and Human Services; The Honorable David 
H. McCormick to be Under Secretary for International Affairs, U.S. 
Department of the Treasury; Mr. Kerry N. Weems to be Administrator of 
the Centers for Medicare and Medicaid Services; Mr. Peter B. McCarthy 
to be Assistant Secretary for Management and Chief Financial Officer, 
U.S. Department of the Treasury; and Mr. Charles E.F. Millard to be 
Director of the Pension Benefit Guaranty Corporation.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, July 25, 2007, at 9:30 a.m., to hold a hearing on 
the Peace Corps.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, July 25, 2007, at 2:30 p.m. to hold a hearing on 
Pakistan.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet in 
executive session during the session of the Senate on Wednesday, July 
25, 2007 at 10 a.m. in SD-106 and on Thursday, July 26, 2007, at 10 
a.m. in SR-325. We will be considering the following:
  1. S. 625, Family Smoking Prevention and Tobacco Control Act
  2. S. 1183, Christopher and Dana Reeve Paralysis Act
  3. S. 579, Breast Cancer and Environmental Research Act of 2007
  4. S. 898, Alzheimer's Breakthrough Act of 2007
  5. S. __, Newborn Screening Saves Lives Act of 2007
  6. The Following Nominations: Diane Auer Jones, of Maryland, to be 
Assistant Secretary for Postsecondary Education, Department of 
Education;
  David C. Geary, of Missouri, to be a Member of the Board of Directors 
of the National Board for Education Sciences; and
  Miguel Campaneria, of Puerto Rico, to be a Member of the National 
Council on the Arts.
  Any nominations cleared for action.
  The PRESIDING OFFICER. Without objection, it is so ordered.


        committee on homeland security and governmental affairs

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be authorized to meet on 
Wednesday, July 25, 2007, at 10 a.m. to consider the nomination of 
Dennis R. Schrader to be Deputy Administrator for National 
Preparedness, Federal Emergency Management Agency, U.S. Department of 
Homeland Security.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 committee on rules and administration

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Rules and Administration be authorized to meet during the session of 
the Senate on Wednesday, July 25, 2007, at 10 a.m., in order to conduct 
a hearing to receive testimony on S. 1487, the Ballot Integrity Act of 
2007.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            committee on small business and entrepreneurship

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Small Business and Entrepreneurship be authorized to meet during the 
session of the Senate in order to conduct a hearing entitled 
``Oversight: Gulf Coast Disaster Loans and the Future of the Disaster 
Assistance Program,'' on Wednesday, July 25, 2007, beginning at 10 a.m. 
in room 428A of the Russell Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on veterans' affairs

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Veterans' Affairs be authorized to meet during the session of the 
Senate on Wednesday, July 25, 2007, in order to conduct a hearing on VA 
health care funding. The hearing will begin at 9:30 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                        joint economic committee

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Joint 
Economic Committee be authorized to conduct a hearing entitled, ``A 
Local Look at the National Foreclosure Crisis: Cleveland Families, 
Neighborhoods, Economy Under Siege from the Subprime Mortgage 
Fallout'', in room 216 of the Hart Senate Office Building, Wednesday, 
July 25, 2007, from 9:30 a.m. to 1 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 subcommittee on federal financial management, government information, 
              federal services, and international security

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs' Subcommittee on Federal 
Financial Management, Government Information, Federal Services, and 
International Security be authorized to meet on Wednesday, July 25, 
2007, at 3 p.m. in order to conduct a hearing entitled ``The Road Ahead 
II: Views from the Postal Workforce on Implementing Postal Reform,''
  The PRESIDING OFFICER. Without objection, it is so ordered.


           subcommittee on superfund and environmental health

  Mr. CARDIN. Mr. President, I ask unanimous consent that the 
Subcommittee on Superfund and Environmental Health be authorized to 
meet during the session of the Senate on Wednesday, July 25, 2007, at 2 
p.m. in room 406 of the Dirksen Senate Office Building in order to 
conduct a hearing entitled, ``Oversight of EPA's Environmental Justice 
Programs.''
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  HIGHER EDUCATION AMENDMENTS OF 2007

  On Tuesday, July 24, 2007, the Senate passed S. 1642, as follows:

[[Page 20473]]



                                S. 1642

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Higher 
     Education Amendments of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. General effective date.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Additional definitions.
Sec. 102. General definition of institution of higher education.
Sec. 103. Definition of institution of higher education for purposes of 
              title IV programs.
Sec. 104. Protection of student speech and association rights.
Sec. 105. Accreditation and Institutional Quality and Integrity 
              Advisory Committee.
Sec. 106. Drug and alcohol abuse prevention.
Sec. 107. Prior rights and obligations.
Sec. 108. Transparency in college tuition for consumers.
Sec. 109. Databases of student information prohibited.
Sec. 110. Clear and easy-to-find information on student financial aid.
Sec. 110A. State higher education information system pilot program.
Sec. 111. Performance-based organization for the delivery of Federal 
              student financial assistance.
Sec. 112. Procurement flexibility.
Sec. 113. Institution and lender reporting and disclosure requirements.
Sec. 114. Employment of postsecondary education graduates.
Sec. 115. Foreign medical schools.
Sec. 116. Demonstration and certification regarding the use of certain 
              Federal funds.


                 TITLE II--TEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality partnership grants.
Sec. 202. General provisions.

                      TITLE III--INSTITUTIONAL AID

Sec. 301. Program purpose.
Sec. 302. Definitions; eligibility.
Sec. 303. American Indian tribally controlled colleges and 
              universities.
Sec. 304. Alaska Native and Native Hawaiian-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
Sec. 306. Part B definitions.
Sec. 307. Grants to institutions.
Sec. 308. Allotments to institutions.
Sec. 309. Professional or graduate institutions.
Sec. 310. Authority of the Secretary.
Sec. 311. Authorization of appropriations.
Sec. 312. Technical corrections.

                      TITLE IV--STUDENT ASSISTANCE

  PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER 
                               EDUCATION

Sec. 401. Federal Pell Grants.
Sec. 402. Academic competitiveness grants.
Sec. 403. Federal Trio Programs.
Sec. 404. Gaining early awareness and readiness for undergraduate 
              programs.
Sec. 405. Academic achievement incentive scholarships.
Sec. 406. Federal supplemental educational opportunity grants.
Sec. 407. Leveraging Educational Assistance Partnership program.
Sec. 408. Special programs for students whose families are engaged in 
              migrant and seasonal farmwork.
Sec. 409. Robert C. Byrd Honors Scholarship Program.
Sec. 410. Child care access means parents in school.
Sec. 411. Learning anytime anywhere partnerships.

             PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 421. Federal payments to reduce student interest costs.
Sec. 422. Federal Consolidation Loans.
Sec. 423. Default reduction program.
Sec. 424. Reports to consumer reporting agencies and institutions of 
              higher education.
Sec. 425. Common forms and formats.
Sec. 426. Student loan information by eligible lenders.
Sec. 427. Consumer education information.
Sec. 428. Definition of eligible lender.
Sec. 429. Discharge and cancellation rights in cases of disability.

                  PART C--FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations.
Sec. 442. Allowance for books and supplies.
Sec. 443. Grants for Federal work-study programs.
Sec. 444. Job location and development programs.
Sec. 445. Work colleges.

                     PART D--FEDERAL PERKINS LOANS

Sec. 451. Program authority.
Sec. 451A. Allowance for books and supplies.
Sec. 451B. Perkins loan forbearance.
Sec. 452. Cancellation of loans for certain public service.

                         PART E--NEED ANALYSIS

Sec. 461. Cost of attendance.
Sec. 462. Definitions.

       PART F--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 471. Definitions.
Sec. 472. Compliance calendar.
Sec. 473. Forms and regulations.
Sec. 474. Student eligibility.
Sec. 475. Statute of limitations and State court judgments.
Sec. 476. Institutional refunds.
Sec. 477. Institutional and financial assistance information for 
              students.
Sec. 478. Entrance counseling required.
Sec. 479. National Student Loan Data System.
Sec. 480. Early awareness of financial aid eligibility.
Sec. 481. Program participation agreements.
Sec. 482. Regulatory relief and improvement.
Sec. 483. Transfer of allotments.
Sec. 484. Purpose of administrative payments.
Sec. 485. Advisory Committee on student financial assistance.
Sec. 486. Regional meetings.
Sec. 487. Year 2000 requirements at the Department.

                       PART G--PROGRAM INTEGRITY

Sec. 491. Recognition of accrediting agency or association.
Sec. 492. Administrative capacity standard.
Sec. 493. Program review and data.
Sec. 494. Timely information about loans.
Sec. 495. Auction evaluation and report.

                    TITLE V--DEVELOPING INSTITUTIONS

Sec. 501. Authorized activities.
Sec. 502. Postbaccalaureate opportunities for Hispanic Americans.
Sec. 503. Applications.
Sec. 504. Cooperative arrangements.
Sec. 505. Authorization of appropriations.

               TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

Sec. 601. Findings.
Sec. 602. Graduate and undergraduate language and area centers and 
              programs.
Sec. 603. Undergraduate international studies and foreign language 
              programs.
Sec. 604. Research; studies.
Sec. 605. Technological innovation and cooperation for foreign 
              information access.
Sec. 606. Selection of certain grant recipients.
Sec. 607. American overseas research centers.
Sec. 608. Authorization of appropriations for international and foreign 
              language studies.
Sec. 609. Centers for international business education.
Sec. 610. Education and training programs.
Sec. 611. Authorization of appropriations for business and 
              international education programs.
Sec. 612. Minority foreign service professional development program.
Sec. 613. Institutional development.
Sec. 614. Study abroad program.
Sec. 615. Advanced degree in international relations.
Sec. 616. Internships.
Sec. 617. Financial assistance.
Sec. 618. Report.
Sec. 619. Gifts and donations.
Sec. 620. Authorization of appropriations for the Institute for 
              International Public Policy.
Sec. 621. Definitions.
Sec. 622. Assessment and enforcement.

       TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Sec. 701. Purpose.
Sec. 702. Allocation of Jacob K. Javits Fellowships.
Sec. 703. Stipends.
Sec. 704. Authorization of appropriations for the Jacob K. Javits 
              Fellowship Program.
Sec. 705. Institutional eligibility under the Graduate Assistance in 
              Areas of National Need Program.
Sec. 706. Awards to graduate students.
Sec. 707. Additional assistance for cost of education.
Sec. 708. Authorization of appropriations for the Graduate Assistance 
              in Areas of National Need Program.
Sec. 709. Legal educational opportunity program.
Sec. 710. Fund for the improvement of postsecondary education.
Sec. 711. Special projects.
Sec. 712. Authorization of appropriations for the fund for the 
              improvement of postsecondary education.
Sec. 713. Repeal of the urban community service program.
Sec. 714. Grants for students with disabilities.
Sec. 715. Applications for demonstration projects to ensure students 
              with disabilities receive a quality higher education.

[[Page 20474]]

Sec. 716. Authorization of appropriations for demonstration projects to 
              ensure students with disabilities receive a quality 
              higher education.
Sec. 717. Research grants.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Miscellaneous.
Sec. 802. Additional programs.
Sec. 803. Student loan clearinghouse.
Sec. 804. Minority serving institutions for advanced technology and 
              education.

                   TITLE IX--AMENDMENTS TO OTHER LAWS

               PART A--EDUCATION OF THE DEAF ACT OF 1986

Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Cultural experiences grants.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Monitoring, evaluation, and reporting.
Sec. 908. Liaison for educational programs.
Sec. 909. Federal endowment programs for Gallaudet University and the 
              National Technical Institute for the Deaf.
Sec. 910. Oversight and effect of agreements.
Sec. 911. International students.
Sec. 912. Research priorities.
Sec. 913. Authorization of appropriations.

              PART B--UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act.

            PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998

Sec. 931. Repeals.
Sec. 932. Grants to States for workplace and community transition 
              training for incarcerated youth offenders.
Sec. 933. Underground railroad educational and cultural program.
Sec. 934. Olympic scholarships under the Higher Education Amendments of 
              1992.

                        PART D--INDIAN EDUCATION

              subpart 1--tribal colleges and universities

Sec. 941. Reauthorization of the Tribally Controlled College or 
              University Assistance Act of 1978.

                   subpart 2--navajo higher education

Sec. 945. Short title.
Sec. 946. Reauthorization of Navajo Community College Act.

       PART E--OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

Sec. 951. Short title.
Sec. 952. Loan repayment for prosecutors and defenders.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.).

     SEC. 3. GENERAL EFFECTIVE DATE.

       Except as otherwise provided in this Act or the amendments 
     made by this Act, the amendments made by this Act shall take 
     effect on the date of enactment of this Act.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. ADDITIONAL DEFINITIONS.

       (a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
       (1) by redesignating paragraphs (9) through (16) as 
     paragraphs (13) through (20); respectively;
       (2) by redesignating paragraphs (4) through (8) as 
     paragraphs (7) through (11), respectively;
       (3) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (4), and (5), respectively;
       (4) by inserting before paragraph (2) (as redesignated by 
     paragraph (2)) the following:
       ``(1) Authorizing committees.--The term `authorizing 
     committees' means the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives.'';
       (5) by inserting after paragraph (2) (as redesignated by 
     paragraph (3)) the following:
       ``(3) Critical foreign language.--The term `critical 
     foreign language' means each of the languages contained in 
     the list of critical languages designated by the Secretary in 
     the Federal Register on August 2, 1985 (50 Fed. Reg. 149, 
     31412; promulgated under the authority of section 212(d) of 
     the Education for Economic Security Act (repealed by section 
     2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary 
     and Secondary School Improvement Amendments of 1988)), except 
     that in the implementation of this definition with respect to 
     a specific title, the Secretary may set priorities according 
     to the purposes of such title and the national security, 
     economic competitiveness, and educational needs of the United 
     States.'';
       (6) by inserting after paragraph (5) (as redesignated by 
     paragraph (3)) the following:
       ``(6) Distance education.--
       ``(A) In general.--Except as otherwise provided, the term 
     `distance education' means education that uses 1 or more of 
     the technologies described in subparagraph (B)--
       ``(i) to deliver instruction to students who are separated 
     from the instructor; and
       ``(ii) to support regular and substantive interaction 
     between the students and the instructor, synchronously or 
     asynchronously.
       ``(B) Inclusions.--For the purposes of subparagraph (A), 
     the technologies used may include--
       ``(i) the Internet;
       ``(ii) one-way and two-way transmissions through open 
     broadcast, closed circuit, cable, microwave, broadband lines, 
     fiber optics, satellite, or wireless communications devices;
       ``(iii) audio conferencing; or
       ``(iv) video cassette, DVDs, and CD-ROMs, if the cassette, 
     DVDs, and CD-ROMs are used in a course in conjunction with 
     the technologies listed in clauses (i) through (iii).''; and
       (7) by inserting after paragraph (11) (as redesignated by 
     paragraph (2)) the following:
       ``(12) Poverty line.--The term `poverty line' means the 
     poverty line (as defined in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.''.
       (b) Conforming Amendments.--The Act (20 U.S.C. 1001 et 
     seq.) is amended--
       (1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by 
     striking ``Committee on Labor and Human Resources of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives'' and inserting ``authorizing 
     committees'';
       (2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by 
     striking ``Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Labor and Human 
     Resources of the Senate'' and inserting ``authorizing 
     committees'';
       (3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by 
     striking ``to the Committee on Appropriations'' and all that 
     follows through ``House of Representatives'' and inserting 
     ``to the Committee on Appropriations of the Senate, the 
     Committee on Appropriations of the House of Representatives, 
     and the authorizing committees'';
       (4) in section 428 (20 U.S.C. 1078)--
       (A) in subsection (c)(9)(K), by striking ``House Committee 
     on Education and the Workforce and the Senate Committee on 
     Labor and Human Resources'' and inserting ``authorizing 
     committees'';
       (B) in the matter following paragraph (2) of subsection 
     (g), by striking ``Committee on Labor and Human Resources of 
     the Senate and the Committee on Education and the Workforce 
     of the House of Representatives'' and inserting ``authorizing 
     committees''; and
       (C) in subsection (n)(4), by striking ``Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Labor and Human Resources of the 
     Senate'' and inserting ``authorizing committees'';
       (5) in section 428A(c) (20 U.S.C. 1078-1(c))--
       (A) in the matter preceding subparagraph (A) of paragraph 
     (2), by striking ``Chairperson'' and all that follows through 
     ``House of Representatives'' and inserting ``members of the 
     authorizing committees'';
       (B) in paragraph (3), by striking ``Chairperson'' and all 
     that follows through ``House of Representatives'' and 
     inserting ``members of the authorizing committees''; and
       (C) in paragraph (5), by striking ``Chairperson'' and all 
     that follows through ``House of Representatives'' and 
     inserting ``members of the authorizing committees'';
       (6) in section 432 (20 U.S.C. 1082)--
       (A) in subsection (f)(1)(C), by striking ``the Committee on 
     Education and the Workforce of the House of Representatives 
     or the Committee on Labor and Human Resources of the Senate'' 
     and inserting ``either of the authorizing committees''; and
       (B) in the matter following subparagraph (D) of subsection 
     (n)(3), by striking ``Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Labor and Human Resources of the Senate'' and inserting 
     ``authorizing committees'';
       (7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by 
     striking ``Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Labor and Human 
     Resources of the Senate'' and inserting ``authorizing 
     committees'';
       (8) in section 439 (20 U.S.C. 1087-2)--
       (A) in subsection (d)(1)(E)(iii), by striking ``advise the 
     Chairman'' and all that follows through ``House of 
     Representatives'' and inserting ``advise the members of the 
     authorizing committees'';
       (B) in subsection (r)--
       (i) in paragraph (3), by striking ``inform the Chairman'' 
     and all that follows through ``House of Representatives,'' 
     and inserting ``inform the members of the authorizing 
     committees'';
       (ii) in paragraph (5)(B), by striking ``plan, to the 
     Chairman'' and all that follows through ``Education and 
     Labor'' and inserting ``plan, to the members of the 
     authorizing committees'';
       (iii) in paragraph (6)(B)--

       (I) by striking ``plan, to the Chairman'' and all that 
     follows through ``House of Representatives'' and inserting 
     ``plan, to the

[[Page 20475]]

     members of the authorizing committees''; and
       (II) by striking ``Chairmen and ranking minority members of 
     such Committees'' and inserting ``members of the authorizing 
     committees'';

       (iv) in paragraph (8)(C), by striking ``implemented to the 
     Chairman'' and all that follows through ``House of 
     Representatives, and'' and inserting ``implemented to the 
     members of the authorizing committees, and to''; and
       (v) in the matter preceding subparagraph (A) of paragraph 
     (10), by striking ``days to the Chairman'' and all that 
     follows through ``Education and Labor'' and inserting ``days 
     to the members of the authorizing committees''; and
       (C) in subsection (s)(2)--
       (i) in the matter preceding clause (i) of subparagraph (A), 
     by striking ``Treasury and to the Chairman'' and all that 
     follows through ``House of Representatives'' and inserting 
     ``Treasury and to the members of the authorizing 
     committees''; and
       (ii) in subparagraph (B), by striking ``Treasury and to the 
     Chairman'' and all that follows through ``House of 
     Representatives'' and inserting ``Treasury and to the members 
     of the authorizing committees'';
       (9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by 
     striking ``Committee on Labor and Human Resources of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives'' and inserting ``authorizing 
     committees'';
       (10) in section 482(d) (20 U.S.C. 1089(d)), by striking 
     ``Committee on Labor and Human Resources of the Senate and 
     the Committee on Education and Labor of the House of 
     Representatives'' and inserting ``authorizing committees'';
       (11) in section 483(c) (20 U.S.C. 1090(c)), by striking 
     ``Committee on Labor and Human Resources of the Senate and 
     the Committee on Education and the Workforce of the House of 
     Representatives'' and inserting ``authorizing committees'';
       (12) in section 485 (20 U.S.C. 1092)--
       (A) in subsection (f)(5)(A), by striking ``Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Labor and Human Resources of the 
     Senate'' and inserting ``authorizing committees''; and
       (B) in subsection (g)(4)(B), by striking ``Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Labor and Human Resources of the 
     Senate'' and inserting ``authorizing committees'';
       (13) in section 486 (20 U.S.C. 1093)--
       (A) in subsection (e), by striking ``Committee on Labor and 
     Human Resources of the Senate and the Committee on Education 
     and the Workforce of the House of Representatives'' and 
     inserting ``authorizing committees''; and
       (B) in subsection (f)(3)--
       (i) in the matter preceding clause (i) of subparagraph (A), 
     by striking ``Committee on Labor and Human Resources of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives'' and inserting ``authorizing 
     committees''; and
       (ii) in the matter preceding clause (i) of subparagraph 
     (B), by striking ``Committee on Labor and Human Resources of 
     the Senate and the Committee on Education and the Workforce 
     of the House of Representatives'' and inserting ``authorizing 
     committees'';
       (14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by 
     striking ``Committee on Labor and Human Resources of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives'' and inserting ``authorizing 
     committees''; and
       (15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
       (A) in paragraph (1), by striking ``Committee on Labor and 
     Human Resources of the Senate and the Committee on Education 
     and the Workforce of the House of Representatives'' and 
     inserting ``authorizing committees''; and
       (B) in paragraph (2), by striking ``Committee on Labor and 
     Human Resources of the Senate and the Committee on Education 
     and the Workforce of the House of Representatives'' and 
     inserting ``authorizing committees''.

     SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGHER 
                   EDUCATION.

       Section 101 (20 U.S.C. 1001) is amended--
       (1) in subsection (a)(3), by inserting ``, or awards a 
     degree that is acceptable for admission to a graduate or 
     professional degree program, subject to the review and 
     approval by the Secretary'' after ``such a degree''; and
       (2) by striking subsection (b)(2) and inserting the 
     following:
       ``(2) a public or nonprofit private educational institution 
     in any State that, in lieu of the requirement in subsection 
     (a)(1), admits as regular students persons--
       ``(A) who are beyond the age of compulsory school 
     attendance in the State in which the institution is located; 
     or
       ``(B) who will be dually or concurrently enrolled in the 
     institution and a secondary school.''.

     SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 
                   PURPOSES OF TITLE IV PROGRAMS.

       Section 102 (20 U.S.C. 1002) is amended--
       (1) by striking subclause (II) of subsection (a)(2)(A)(i) 
     and inserting the following:

       ``(II) the institution has or had a clinical training 
     program that was approved by a State as of January 1, 1992, 
     and has continuously operated a clinical training program in 
     not less than 1 State that is approved by such State;'';

       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (D), by inserting ``and'' after the 
     semicolon;
       (ii) in subparagraph (E), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (F); and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Additional institutions.--The term `proprietary 
     institution of higher education' also includes a proprietary 
     educational institution in any State that, in lieu of the 
     requirement in section 101(a)(1), admits as regular students 
     persons--
       ``(A) who are beyond the age of compulsory school 
     attendance in the State in which the institution is located; 
     or
       ``(B) who will be dually or concurrently enrolled in the 
     institution and a secondary school.''; and
       (3) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) Additional institutions.--The term `postsecondary 
     vocational institution' also includes an educational 
     institution in any State that, in lieu of the requirement in 
     section 101(a)(1), admits as regular students persons--
       ``(A) who are beyond the age of compulsory school 
     attendance in the State in which the institution is located; 
     or
       ``(B) who will be dually or concurrently enrolled in the 
     institution and a secondary school.''.

     SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
                   RIGHTS.

       Section 112 (20 U.S.C. 1011a) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``It is the sense''; and
       (B) by adding at the end the following:
       ``(2) It is the sense of Congress that--
       ``(A) the diversity of institutions and educational 
     missions is one of the key strengths of American higher 
     education;
       ``(B) individual colleges and universities have different 
     missions and each institution should design its academic 
     program in accordance with its educational goals;
       ``(C) a college should facilitate the free and open 
     exchange of ideas;
       ``(D) students should not be intimidated, harassed, 
     discouraged from speaking out, or discriminated against;
       ``(E) students should be treated equally and fairly; and
       ``(F) nothing in this paragraph shall be construed to 
     modify, change, or infringe upon any constitutionally 
     protected religious liberty, freedom, expression, or 
     association.''; and
       (2) in subsection (b)(1), by inserting ``, provided that 
     the imposition of such sanction is done objectively and 
     fairly'' after ``higher education''.

     SEC. 105. ACCREDITATION AND INSTITUTIONAL QUALITY AND 
                   INTEGRITY ADVISORY COMMITTEE.

       (a) In General.--Section 114 (20 U.S.C. 1011c) is amended 
     to read as follows:

     ``SEC. 114. ACCREDITATION AND INSTITUTIONAL QUALITY AND 
                   INTEGRITY COMMITTEE.

       ``(a) Establishment.--There is established in the 
     Department an Accreditation and Institutional Quality and 
     Integrity Advisory Committee (in this section referred to as 
     the `Committee') to assess the process of accreditation and 
     the institutional eligibility and certification of such 
     institutions under title IV.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall have 15 members, of 
     which--
       ``(A) 5 members shall be appointed by the Secretary;
       ``(B) 5 members shall be appointed by the Speaker of the 
     House of Representatives upon the recommendation of the 
     majority leader and minority leader of the House of 
     Representatives; and
       ``(C) 5 members shall be appointed by the President pro 
     tempore of the Senate upon the recommendation of the majority 
     leader and minority leader of the Senate.
       ``(2) Qualifications.--Individuals shall be appointed as 
     members of the Committee on--
       ``(A) the basis of the individuals' experience, integrity, 
     impartiality, and good judgment;
       ``(B) from among individuals who are representatives of, or 
     knowledgeable concerning, education and training beyond 
     secondary education, representatives of all sectors and types 
     of institutions of higher education (as defined in section 
     102); and
       ``(C) on the basis of the individuals' technical 
     qualifications, professional standing, and demonstrated 
     knowledge in the fields of accreditation and administration 
     in higher education.
       ``(3) Terms of members.--The term of office of each member 
     of the Committee shall be for 6 years, except that any member 
     appointed to fill a vacancy occurring prior to the expiration 
     of the term for which the member's predecessor was appointed 
     shall be appointed for the remainder of such term.

[[Page 20476]]

       ``(4) Vacancy.--A vacancy on the Committee shall be filled 
     in the same manner as the original appointment was made not 
     later than 90 days after the vacancy occurred. If a vacancy 
     occurs in a position to be filled by the Secretary, the 
     Secretary shall publish a Federal Register notice soliciting 
     nominations for the position not later than 30 days after 
     being notified of the vacancy.
       ``(5) Initial terms.--The terms of office for the initial 
     members of the Committee shall be--
       ``(A) 2 years for members appointed under paragraph (1)(A);
       ``(B) 4 years for members appointed under paragraph (1)(B); 
     and
       ``(C) 6 years for members appointed under paragraph (1)(C).
       ``(6) Chairperson.--The members of the Committee shall 
     select a chairperson from among the members.
       ``(c) Functions.--The Committee shall--
       ``(1) advise the Secretary with respect to establishment 
     and enforcement of the standards of accrediting agencies or 
     associations under subpart 2 of part H of title IV;
       ``(2) advise the Secretary with respect to the recognition 
     of a specific accrediting agency or association;
       ``(3) advise the Secretary with respect to the preparation 
     and publication of the list of nationally recognized 
     accrediting agencies and associations;
       ``(4) advise the Secretary with respect to the eligibility 
     and certification process for institutions of higher 
     education under title IV, together with recommendations for 
     improvements in such process;
       ``(5) advise the Secretary with respect to the relationship 
     between--
       ``(A) accreditation of institutions of higher education and 
     the certification and eligibility of such institutions; and
       ``(B) State licensing responsibilities with respect to such 
     institutions; and
       ``(6) carry out such other advisory functions relating to 
     accreditation and institutional eligibility as the Secretary 
     may prescribe in regulation.
       ``(d) Meeting Procedures.--
       ``(1) Schedule.--
       ``(A) Biannual meetings.--The Committee shall meet not less 
     often than twice each year, at the call of the Chairperson.
       ``(B) Publication of date.--The Committee shall submit the 
     date and location of each meeting in advance to the 
     Secretary, and the Secretary shall publish such information 
     in the Federal Register not later than 30 days before the 
     meeting.
       ``(2) Agenda.--
       ``(A) Establishment.--The agenda for a meeting of the 
     Committee shall be established by the Chairperson and shall 
     be submitted to the members of the Committee upon 
     notification of the meeting.
       ``(B) Opportunity for public comment.--The agenda shall 
     include, at a minimum, opportunity for public comment during 
     the Committee's deliberations.
       ``(3) Secretary's designee.--
       ``(A) Attendance at meeting.--The Chairperson shall invite 
     the Secretary's designee to attend all meetings of the 
     Committee.
       ``(B) Role of designee.--The Secretary's designee may be 
     present at a Committee meeting to facilitate the exchange and 
     free flow of information between the Secretary and the 
     Committee. The designee shall have no authority over the 
     agenda of the meeting, the items on that agenda, or on the 
     resolution of any agenda item.
       ``(4) Federal advisory committee act.--The provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App.) shall 
     apply to the Committee, except that section 14 of such Act 
     shall not apply.
       ``(e) Report and Notice.--
       ``(1) Notice.--The Secretary shall annually publish in the 
     Federal Register--
       ``(A) a list containing, for each member of the Committee--
       ``(i) the member's name;
       ``(ii) the date of the expiration of the member's term of 
     office; and
       ``(iii) the individual described in subsection (b)(1) who 
     appointed the member; and
       ``(B) a solicitation of nominations for each expiring term 
     of office on the Committee of a member appointed by the 
     Secretary.
       ``(2) Report.--Not later than September 30 of each year, 
     the Committee shall make an annual report to the Secretary, 
     the authorizing committees, and the public. The annual report 
     shall contain--
       ``(A) a detailed summary of the agenda and activities of, 
     and the findings and recommendations made by, the Committee 
     during the preceding fiscal year;
       ``(B) a list of the date and location of each meeting 
     during the preceding fiscal year;
       ``(C) a list of the members of the Committee and 
     appropriate contact information; and
       ``(D) a list of the functions of the Committee, including 
     any additional functions established by the Secretary through 
     regulation.
       ``(f) Termination.--The Committee shall terminate on 
     September 30, 2012.''.
       (b) Termination of NACIQI.--The National Advisory Committee 
     on Institutional Quality and Integrity, established under 
     section 114 of the Higher Education Act of 1965 (as such 
     section was in effect the day before the date of enactment of 
     this Act) shall terminate 30 days after such date.

     SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION.

       Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (A) (as amended by 
     paragraph (1)) the following:
       ``(B) determine the number of drug and alcohol-related 
     incidents and fatalities that--
       ``(i) occur on the institution's property or as part of any 
     of the institution's activities; and
       ``(ii) are reported to the institution;
       ``(C) determine the number and type of sanctions described 
     in paragraph (1)(E) that are imposed by the institution as a 
     result of drug and alcohol-related incidents and fatalities 
     on the institution's property or as part of any of the 
     institution's activities; and''.

     SEC. 107. PRIOR RIGHTS AND OBLIGATIONS.

       Section 121(a) (20 U.S.C. 1011j(a)) is amended--
       (1) in paragraph (1), by striking ``1999 and for each of 
     the 4 succeeding fiscal years'' and inserting ``2008 and for 
     each succeeding fiscal year''; and
       (2) in paragraph (2), by striking ``1999 and for each of 
     the 4 succeeding fiscal years'' and inserting ``2008 and for 
     each succeeding fiscal year''.

     SEC. 108. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       Part C of title I (20 U.S.C. 1015) is amended by adding at 
     the end the following:

     ``SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       ``(a) Net Price.--In this section, the term `net price' 
     means the average yearly tuition and fees paid by a full-time 
     undergraduate student at an institution of higher education, 
     after discounts and grants from the institution, Federal 
     Government, or a State have been applied to the full price of 
     tuition and fees at the institution.
       ``(b) Higher Education Price Index.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Commission of the Bureau of Labor Statistics, in consultation 
     with the Commissioner of Education Statistics and 
     representatives of institutions of higher education, shall 
     develop higher education price indices that accurately 
     reflect the annual change in tuition and fees for 
     undergraduate students in the categories of institutions 
     listed in paragraph (2). Such indices shall be updated 
     annually.
       ``(2) Development.--The higher education price index under 
     paragraph (1) shall be developed for each of the following 
     categories:
       ``(A) 4-year public degree-granting institutions of higher 
     education.
       ``(B) 4-year private degree-granting institutions of higher 
     education.
       ``(C) 2-year public degree-granting institutions of higher 
     education.
       ``(D) 2-year private degree-granting institutions of higher 
     education.
       ``(E) Less than 2-year institutions of higher education.
       ``(F) All types of institutions described in subparagraphs 
     (A) through (E).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as may be necessary.
       ``(c) Reporting.--
       ``(1) In general.--The Secretary shall annually report, in 
     a national list and in a list for each State, a ranking of 
     institutions of higher education according to such 
     institutions' change in tuition and fees over the preceding 2 
     years. The purpose of such lists is to provide consumers with 
     general information on pricing trends among institutions of 
     higher education nationally and in each State.
       ``(2) Compilation.--
       ``(A) In general.--The lists described in paragraph (1) 
     shall be compiled according to the following categories:
       ``(i) 4-year public institutions of higher education.
       ``(ii) 4-year private, nonprofit institutions of higher 
     education.
       ``(iii) 4-year private, for-profit institutions of higher 
     education.
       ``(iv) 2-year public institutions of higher education.
       ``(v) 2-year private, nonprofit institutions of higher 
     education.
       ``(vi) 2-year private, for-profit institutions of higher 
     education.
       ``(vii) Less than 2-year public institutions of higher 
     education.
       ``(viii) Less than 2-year private, nonprofit institutions 
     of higher education.
       ``(ix) Less than 2-year private, for-profit institutions of 
     higher education.
       ``(B) Percentage and dollar change.--The lists described in 
     paragraph (1) shall include 2 lists for each of the 
     categories under subparagraph (A) as follows:
       ``(i) 1 list in which data is compiled by percentage change 
     in tuition and fees over the preceding 2 years.
       ``(ii) 1 list in which data is compiled by dollar change in 
     tuition and fees over the preceding 2 years.
       ``(3) Higher education price increase watch lists.--Upon 
     completion of the development of the higher education price 
     indices

[[Page 20477]]

     described in paragraph (1), the Secretary shall annually 
     report, in a national list, and in a list for each State, a 
     ranking of each institution of higher education whose tuition 
     and fees outpace such institution's applicable higher 
     education price index described in subsection (b). Such lists 
     shall--
       ``(A) be known as the `Higher Education Price Increase 
     Watch Lists';
       ``(B) report the full price of tuition and fees at the 
     institution and the net price;
       ``(C) where applicable, report the average price of room 
     and board for students living on campus at the institution, 
     except that such price shall not be used in determining 
     whether an institution's cost outpaces such institution's 
     applicable higher education price index; and
       ``(D) be compiled by the Secretary in a public document to 
     be widely published and disseminated in paper form and 
     through the website of the Department.
       ``(4) State higher education appropriations chart.--The 
     Secretary shall annually report, in charts for each State--
       ``(A) a comparison of the percentage change in State 
     appropriations per enrolled student in a public institution 
     of higher education in the State to the percentage change in 
     tuition and fees for each public institution of higher 
     education in the State for each of the previous 5 years; and
       ``(B) the total amount of need-based and merit-based aid 
     provided by the State to students enrolled in a public 
     institution of higher education in the State.
       ``(5) Sharing of information.--The Secretary shall share 
     the information under paragraphs (1) through (4) with the 
     public, including with private sector college guidebook 
     publishers.
       ``(d) Net Price Calculator.--
       ``(1) Development.--Not later than 1 year after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Secretary shall, in consultation with institutions of higher 
     education, develop and make several model net price 
     calculators to help students, families, and consumers 
     determine the net price of an institution of higher 
     education, which institutions of higher education may, at 
     their discretion, elect to use pursuant to paragraph (3).
       ``(2) Categories.--The model net price calculators 
     described in paragraph (1) shall be developed for each of the 
     following categories:
       ``(A) 4-year public institutions of higher education.
       ``(B) 4-year private, nonprofit institutions of higher 
     education.
       ``(C) 4-year private, for-profit institutions of higher 
     education.
       ``(D) 2-year public institutions of higher education.
       ``(E) 2-year private, nonprofit institutions of higher 
     education.
       ``(F) 2-year private, for-profit institutions of higher 
     education.
       ``(G) Less than 2-year public institutions of higher 
     education.
       ``(H) Less than 2-year private, nonprofit institutions of 
     higher education.
       ``(I) Less than 2-year private, for-profit institutions of 
     higher education.
       ``(3) Use of net price calculator by institutions.--Not 
     later than 3 years after the date of enactment of the Higher 
     Education Amendments of 2007, each institution of higher 
     education that receives Federal funds under this Act shall 
     adopt and use a net price calculator to help students, 
     families, and other consumers determine the net price of such 
     institution of higher education. Such calculator may be--
       ``(A) based on a model calculator developed by the 
     Department; or
       ``(B) developed by the institution of higher education.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as may be necessary.
       ``(e) Net Price Reporting in Application Information.--An 
     institution of higher education that receives Federal funds 
     under this Act shall include, in the materials accompanying 
     an application for admission to the institution, the most 
     recent information regarding the net price of the 
     institution, calculated for each quartile of students based 
     on the income of either the students' parents or, in the case 
     of independent students (as such term is described in section 
     480), of the students, for each of the 2 academic years 
     preceding the academic year for which the application is 
     produced.
       ``(f) Enhanced College Information Website.--
       ``(1) In general.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Secretary shall contract with an independent organization 
     with demonstrated experience in the development of consumer-
     friendly websites to develop improvements to the website 
     known as the College Opportunities On-Line (COOL) so that it 
     better meets the needs of students, families, and consumers 
     for accurate and appropriate information on institutions of 
     higher education.
       ``(B) Implementations.--Not later than 1 year after the 
     date of enactment of the Higher Education Amendments of 2007, 
     the Secretary shall implement the improvements developed by 
     the independent organization described under subparagraph (A) 
     to the college information website.
       ``(2) University and college accountability network.--Not 
     later than 1 year after the date of enactment of the Higher 
     Education Amendments of 2007, the Secretary shall develop a 
     model document for annually reporting basic information about 
     an institution of higher education that chooses to 
     participate, to be posted on the college information website 
     and made available to institutions of higher education, 
     students, families, and other consumers. Such document shall 
     be known as the `University and College Accountability 
     Network' (U-CAN), and shall include, the following 
     information about the institution of higher education for the 
     most recent academic year for which the institution has 
     available data, presented in a consumer-friendly manner:
       ``(A) A statement of the institution's mission and 
     specialties.
       ``(B) The total number of undergraduate students who 
     applied, were admitted, and enrolled at the institution.
       ``(C) Where applicable, reading, writing, mathematics, and 
     combined scores on the SAT or ACT for the middle 50 percent 
     range of the institution's freshman class.
       ``(D) Enrollment of full-time, part-time, and transfer 
     students at the institution, at the undergraduate and (where 
     applicable) graduate levels.
       ``(E) Percentage of male and female undergraduate students 
     enrolled at the institution.
       ``(F) Percentage of enrolled undergraduate students from 
     the State in which the institution is located, from other 
     States, and from other countries.
       ``(G) Percentage of enrolled undergraduate students at the 
     institution by race and ethnic background.
       ``(H) Retention rates for full-time and part-time first-
     time first-year undergraduate students enrolled at the 
     institution.
       ``(I) Average time to degree or certificate completion for 
     first-time, first-year undergraduate students enrolled at the 
     institution.
       ``(J) Percentage of enrolled undergraduate students who 
     graduate within 2 years (in the case of 2-year institutions), 
     and 4, 5 and 6 years (in the case of 2 and 4-year 
     institutions).
       ``(K) Number of students who obtained a certificate or an 
     associate's, bachelor's, master's, or doctoral degree at the 
     institution.
       ``(L) The undergraduate major areas of study with the 
     highest number of degrees awarded.
       ``(M) The student-faculty ratio, and number of full-time, 
     part-time, and adjunct faculty at the institution.
       ``(N) Percentage of faculty at the institution with the 
     highest degree in their field.
       ``(O) The percentage change in total price in tuition and 
     fees and the net price for an undergraduate at the 
     institution in each of the preceding 5 academic years.
       ``(P) The total average yearly cost of tuition and fees, 
     room and board, and books and other related costs for an 
     undergraduate student enrolled at the institution, for--
       ``(i) full-time undergraduate students living on campus;
       ``(ii) full-time undergraduate students living off-campus; 
     and
       ``(iii) in the case of students attending a public 
     institution of higher education, such costs for in-State and 
     out-of-State students living on and off-campus.
       ``(Q) The average yearly grant amount (including Federal, 
     State, and institutional aid) for a student enrolled at the 
     institution.
       ``(R) The average yearly amount of Federal student loans, 
     and other loans provided through the institution, to 
     undergraduate students enrolled at the institution.
       ``(S) The total yearly grant aid available to undergraduate 
     students enrolled at the institution, from the Federal 
     Government, a State, the institution, and other sources.
       ``(T) The percentage of undergraduate students enrolled at 
     the institution receiving Federal, State, and institutional 
     grants, student loans, and any other type of student 
     financial assistance provided publicly or through the 
     institution, such as Federal work-study funds.
       ``(U) The average net price for all undergraduate students 
     enrolled at the institution.
       ``(V) The percentage of first-year undergraduate students 
     enrolled at the institution who live on campus and off 
     campus.
       ``(W) Information on the policies of the institution 
     related to transfer of credit from other institutions.
       ``(X) Information on campus safety required to be collected 
     under section 485(f).
       ``(Y) Links to the appropriate sections of the 
     institution's website that provide information on student 
     activities offered by the institution, such as 
     intercollegiate sports, student organizations, study abroad 
     opportunities, intramural and club sports, specialized 
     housing options, community service opportunities, cultural 
     and arts opportunities on campus, religious and spiritual 
     life on campus, and lectures and outside learning 
     opportunities.
       ``(Z) Links to the appropriate sections of the 
     institution's website that provide information on services 
     offered by the institution to students during and after 
     college, such as

[[Page 20478]]

     internship opportunities, career and placement services, and 
     preparation for further education.
       ``(3) Consultation.--The Secretary shall ensure that 
     current and prospective college students, family members of 
     such students, and institutions of higher education are 
     consulted in carrying out paragraphs (1) and (2).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as may be necessary.
       ``(g) GAO Report.--The Comptroller General of the United 
     States shall--
       ``(1) conduct a study on the time and cost burdens to 
     institutions of higher education associated with completing 
     the Integrated Postsecondary Education Data System (IPEDS), 
     which study shall--
       ``(A) report on the time and cost burden of completing the 
     IPEDS survey for 4-year, 2-year, and less than 2-year 
     institutions of higher education; and
       ``(B) present recommendations for reducing such burden;
       ``(2) not later than 1 year after the date of enactment of 
     the Higher Education Amendments of 2007, submit to Congress a 
     preliminary report regarding the findings of the study 
     described in paragraph (1); and
       ``(3) not later than 2 years after the date of enactment of 
     the Higher Education Amendments of 2007, submit to Congress a 
     final report regarding such findings.''.

     SEC. 109. DATABASES OF STUDENT INFORMATION PROHIBITED.

       Part C of title I (20 U.S.C. 1015), as amended by section 
     108, is further amended by adding at the end the following:

     ``SEC. 133. DATABASE OF STUDENT INFORMATION PROHIBITED.

       ``(a) Prohibition.--Except as described in (b), nothing in 
     this Act shall be construed to authorize the development, 
     implementation, or maintenance of a Federal database of 
     personally identifiable information on individuals receiving 
     assistance under this Act, attending institutions receiving 
     assistance under this Act, or otherwise involved in any 
     studies or other collections of data under this Act, 
     including a student unit record system, an education bar code 
     system, or any other system that tracks individual students 
     over time.
       ``(b) Exception.--The provisions of subsection (a) shall 
     not apply to a system (or a successor system) that is 
     necessary for the operation of programs authorized by title 
     II, IV, or VII that were in use by the Secretary, directly or 
     through a contractor, as of the day before the date of 
     enactment of the Higher Education Amendments of 2007.
       ``(c) State Databases.--Nothing in this Act shall prohibit 
     a State or a consortium of States from developing, 
     implementing, or maintaining State-developed databases that 
     track individuals over time, including student unit record 
     systems that contain information related to enrollment, 
     attendance, graduation and retention rates, student financial 
     assistance, and graduate employment outcomes.''.

     SEC. 110. CLEAR AND EASY-TO-FIND INFORMATION ON STUDENT 
                   FINANCIAL AID.

       Part C of title I (as amended by sections 108 and 109) is 
     further amended by adding at the end the following:

     ``SEC. 134. CLEAR AND EASY-TO-FIND INFORMATION ON STUDENT 
                   FINANCIAL AID.

       ``(a) Prominent Display.--The Secretary shall ensure that a 
     link to current student financial aid information is 
     displayed prominently on the home page of the Department 
     website.
       ``(b) Enhanced Student Financial Aid Information.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Higher Education Amendments of 2007, the 
     Secretary shall contract with an independent organization 
     with demonstrated expertise in the development of consumer-
     friendly websites to develop improvements to the usefulness 
     and accessibility of the information provided by the 
     Department on college financial planning and student 
     financial aid.
       ``(2) Implementation.--Not later than 1 year after the date 
     of enactment of the Higher Education Amendments of 2007, the 
     Secretary shall implement the improvements developed by the 
     independent organization described under paragraph (1) to the 
     college financial planning and student financial aid website 
     of the Department.
       ``(3) Dissemination.--The Secretary shall make the 
     availability of the information on the website widely known 
     through a major media campaign and other forms of 
     communication.''.

     SEC. 110A. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
                   PROGRAM.

       Part C of title I of the Higher Education Act of 1965 (as 
     amended by this title) is further amended by adding at the 
     end the following:

     ``SEC. 135. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
                   PROGRAM.

       ``(a) Purpose.--It is the purpose of this section to carry 
     out a pilot program to assist not more than 5 States to 
     develop State-level postsecondary student data systems to--
       ``(1) improve the capacity of States and institutions of 
     higher education to generate more comprehensive and 
     comparable data, in order to develop better-informed 
     educational policy at the State level and to evaluate the 
     effectiveness of institutional performance while protecting 
     the confidentiality of students' personally identifiable 
     information; and
       ``(2) identify how to best minimize the data-reporting 
     burden placed on institutions of higher education, 
     particularly smaller institutions, and to maximize and 
     improve the information institutions receive from the data 
     systems, in order to assist institutions in improving 
     educational practice and postsecondary outcomes.
       ``(b) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a State higher education system; or
       ``(2) a consortium of State higher education systems, or a 
     consortium of individual institutions of higher education, 
     that is broadly representative of institutions in different 
     sectors and geographic locations.
       ``(c) Competitive Grants.--
       ``(1) Grants authorized.--The Secretary shall award grants, 
     on a competitive basis, to not more than 5 eligible entities 
     to enable the eligible entities to--
       ``(A) design, test, and implement systems of postsecondary 
     student data that provide the maximum benefits to States, 
     institutions of higher education, and State policymakers; and
       ``(B) examine the costs and burdens involved in 
     implementing a State-level postsecondary student data system.
       ``(2) Duration.--A grant awarded under this section shall 
     be for a period of not more than 3 years.
       ``(d) Application Requirements.--An eligible entity 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary determines 
     is necessary, including a description of--
       ``(1) how the eligible entity will ensure that student 
     privacy is protected and that individually identifiable 
     information about students, the students' achievements, and 
     the students' families remains confidential in accordance 
     with the Family Educational Rights and Privacy Act of 1974 
     (20 U.S.C. 1232g); and
       ``(2) how the activities funded by the grant will be 
     supported after the 3-year grant period.
       ``(e) Use of Funds.--A grant awarded under this section 
     shall be used to--
       ``(1) design, develop, and implement the components of a 
     comprehensive postsecondary student data system with the 
     capacity to transmit student information within States;
       ``(2) improve the capacity of institutions of higher 
     education to analyze and use student data;
       ``(3) select and define common data elements, data quality, 
     and other elements that will enable the data system to--
       ``(A) serve the needs of institutions of higher education 
     for institutional research and improvement;
       ``(B) provide students and the students' families with 
     useful information for decision-making about postsecondary 
     education;
       ``(C) provide State policymakers with improved information 
     to monitor and guide efforts to improve student outcomes and 
     success in higher education;
       ``(4) estimate costs and burdens at the institutional level 
     for the reporting system for different types of institutions; 
     and
       ``(5) test the feasibility of protocols and standards for 
     maintaining data privacy and data access.
       ``(f) Evaluation; Reports.--Not later than 6 months after 
     the end of the projects funded by grants awarded under this 
     section, the Secretary shall--
       ``(1) conduct a comprehensive evaluation of the pilot 
     program authorized by this section; and
       ``(2) report the Secretary's findings, as well as 
     recommendations regarding the implementation of State-level 
     postsecondary student data systems to the authorizing 
     committees.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.''.

     SEC. 111. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF 
                   FEDERAL STUDENT FINANCIAL ASSISTANCE.

       Section 141 (20 U.S.C. 1018) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``operational'' and 
     inserting ``administrative and oversight''; and
       (B) in paragraph (2)(D), by striking ``of the operational 
     functions'' and inserting ``and administration'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``the information 
     systems administered by the PBO, and other functions 
     performed by the PBO'' and inserting ``the Federal student 
     financial assistance programs authorized under title IV''; 
     and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) assist the Chief Operating Officer in identifying 
     goals for--
       ``(i) the administration of the systems used to administer 
     the Federal student financial

[[Page 20479]]

     assistance programs authorized under title IV; and
       ``(ii) the updating of such systems to current 
     technology.''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``administration of the information and financial systems 
     that support'' and inserting ``the administration of 
     Federal'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``of 
     the delivery system for Federal student assistance'' and 
     inserting ``for the Federal student assistance programs 
     authorized under title IV'';
       (II) by striking clauses (i) and (ii) and inserting the 
     following:

       ``(i) the collection, processing, and transmission of data 
     to students, institutions, lenders, State agencies, and other 
     authorized parties;
       ``(ii) the design and technical specifications for software 
     development and procurement for systems supporting the 
     student financial assistance programs authorized under title 
     IV;'';

       (III) in clause (iii), by striking ``delivery'' and 
     inserting ``administration'';
       (IV) in clause (iv)--

       (aa) by inserting ``the'' after ``supporting''; and
       (bb) by striking ``and'' after the semicolon;

       (V) in clause (v), by striking ``systems that support those 
     programs.'' and inserting ``the administration of the Federal 
     student assistance programs authorized under title IV; and''; 
     and
       (VI) by adding at the end the following:

       ``(vi) ensuring the integrity of the student assistance 
     programs authorized under title IV.''; and
       (iii) in subparagraph (B), by striking ``operations and 
     services'' and inserting ``activities and functions''; and
       (3) in subsection (c)--
       (A) in the subsection heading, by striking ``Performance 
     Plan and Report'' and inserting ``Performance Plan, Report, 
     and Briefing'';
       (B) in paragraph (1)(C)--
       (i) in clause (iii), by striking ``information and 
     delivery''; and
       (ii) in clause (iv)--

       (I) by striking ``Developing an'' and inserting 
     ``Developing''; and
       (II) by striking ``delivery and information system'' and 
     inserting ``systems'';

       (C) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``the'' after ``PBO 
     and''; and
       (ii) in subparagraph (B), by striking ``Officer'' and 
     inserting ``Officers'';
       (D) in paragraph (3), by inserting ``students,'' after 
     ``consult with''; and
       (E) by adding at the end the following:
       ``(4) Briefing on enforcement of student loan provisions.--
     The Chief Operating Officer shall provide an annual briefing 
     to the members of the authorizing committees on the steps the 
     PBO has taken and is taking to ensure that lenders are 
     providing the information required under clauses (iii) and 
     (iv) of section 428(c)(3)(C) and sections 428(b)(1)(Z) and 
     428C(b)(1)(F).'';
       (4) in subsection (d)--
       (A) in paragraph (1), by striking the second sentence; and
       (B) in paragraph (5)--
       (i) in subparagraph (B), by striking ``paragraph (2)'' and 
     inserting ``paragraph (4)''; and
       (ii) in subparagraph (C), by striking ``this'';
       (5) in subsection (f)--
       (A) in paragraph (2), by striking ``to borrowers'' and 
     inserting ``to students, borrowers,''; and
       (B) in paragraph (3)(A), by striking ``(1)(A)'' and 
     inserting ``(1)'';
       (6) in subsection (g)(3), by striking ``not more than 25'';
       (7) in subsection (h), by striking ``organizational 
     effectiveness'' and inserting ``effectiveness'';
       (8) by striking subsection (i);
       (9) by redesignating subsection (j) as subsection (i); and
       (10) in subsection (i) (as redesignated by paragraph (9)), 
     by striking ``, including transition costs''.

     SEC. 112. PROCUREMENT FLEXIBILITY.

       Section 142 (20 U.S.C. 1018a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``for information systems supporting the 
     programs authorized under title IV''; and
       (ii) by striking ``and'' after the semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) through the Chief Operating Officer--
       ``(A) to the maximum extent practicable, utilize 
     procurement systems that streamline operations, improve 
     internal controls, and enhance management; and
       ``(B) assess the efficiency of such systems and assess such 
     systems' ability to meet PBO requirements.'';
       (2) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) Fee for service arrangements.--The Chief Operating 
     Officer shall, when appropriate and consistent with the 
     purposes of the PBO, acquire services related to the 
     functions set forth in section 141(b)(2) from any entity that 
     has the capability and capacity to meet the requirements set 
     by the PBO. The Chief Operating Officer is authorized to pay 
     fees that are equivalent to those paid by other entities to 
     an organization that provides services that meet the 
     requirements of the PBO, as determined by the Chief Operating 
     Officer.'';
       (3) in subsection (d)(2)(B), by striking ``on Federal 
     Government contracts'';
       (4) in subsection (g)--
       (A) in paragraph (4)(A)--
       (i) in the subparagraph heading, by striking ``Sole 
     source.--'' and inserting ``Single-source basis.--''; and
       (ii) by striking ``sole-source'' and inserting ``single-
     source''; and
       (B) in paragraph (7), by striking ``sole-source'' and 
     inserting ``single-source'';
       (5) in subsection (h)(2)(A), by striking ``sole-source'' 
     and inserting ``single-source''; and
       (6) in subsection (l), by striking paragraph (3) and 
     inserting the following:
       ``(3) Single-source basis.--The term `single-source basis', 
     with respect to an award of a contract, means that the 
     contract is awarded to a source after soliciting an offer or 
     offers from, and negotiating with, only such source (although 
     such source is not the only source in the marketplace capable 
     of meeting the need) because such source is the most 
     advantageous source for purposes of the award.''.

     SEC. 113. INSTITUTION AND LENDER REPORTING AND DISCLOSURE 
                   REQUIREMENTS.

       Title I (20 U.S.C. 1001 et seq.) is amended by adding at 
     the end the following:

 ``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL 
                                 LOANS

     ``SEC. 151. DEFINITIONS.

       ``In this part:
       ``(1) Cost of attendance.--The term `cost of attendance' 
     has the meaning given the term in section 472.
       ``(2) Covered institution.--The term `covered 
     institution'--
       ``(A) means any educational institution that offers a 
     postsecondary educational degree, certificate, or program of 
     study (including any institution of higher education, as such 
     term is defined in section 102) and receives any Federal 
     funding or assistance; and
       ``(B) includes any employee or agent of the educational 
     institution or any organization or entity affiliated with, or 
     directly or indirectly controlled by, such institution.
       ``(3) Educational loan.--The term `educational loan' means 
     any loan made, insured, or guaranteed under title IV.
       ``(4) Educational loan arrangement.--The term `educational 
     loan arrangement' means an arrangement or agreement between a 
     lender and a covered institution--
       ``(A) under which arrangement or agreement a lender 
     provides or otherwise issues educational loans to the 
     students attending the covered institution or the parents of 
     such students; and
       ``(B) which arrangement or agreement--
       ``(i) relates to the covered institution recommending, 
     promoting, endorsing, or using educational loans of the 
     lender; and
       ``(ii) involves the payment of any fee or provision of 
     other material benefit by the lender to the institution or to 
     groups of students who attend the institution.
       ``(5) Lender.--The term `lender'--
       ``(A) means--
       ``(i) any lender--

       ``(I) of a loan made, insured, or guaranteed under part B 
     of title IV; and
       ``(II) that is a financial institution, as such term is 
     defined in section 509 of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6809); and

       ``(ii) in the case of any loan issued or provided to a 
     student under part D of title IV, the Secretary; and
       ``(B) includes any individual, group, or entity acting on 
     behalf of the lender in connection with an educational loan.
       ``(6) Officer.--The term `officer' includes a director or 
     trustee of an institution.

     ``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS 
                   PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTS.

       ``(a) Use of Lender Name.--A covered institution that 
     enters into an educational loan arrangement shall disclose 
     the name of the lender in documentation related to the loan.
       ``(b) Disclosures.--
       ``(1) Disclosures by lenders.--Before a lender issues or 
     otherwise provides an educational loan to a student, the 
     lender shall provide the student, in writing, with the 
     disclosures described in paragraph (2).
       ``(2) Disclosures.--The disclosures required by this 
     paragraph shall include a clear and prominent statement--
       ``(A) of the interest rates of the educational loan being 
     offered;
       ``(B) showing sample educational loan costs, disaggregated 
     by type;
       ``(C) that describes, with respect to each type of 
     educational loan being offered--
       ``(i) the types of repayment plans that are available;
       ``(ii) whether, and under what conditions, early repayment 
     may be made without penalty;

[[Page 20480]]

       ``(iii) when and how often interest on the loan will be 
     capitalized;
       ``(iv) the terms and conditions of deferments or 
     forbearance;
       ``(v) all available repayment benefits, the percentage of 
     all borrowers who qualify for such benefits, and the 
     percentage of borrowers who received such benefits in the 
     preceding academic year, for each type of loan being offered;
       ``(vi) the collection practices in the case of default; and
       ``(vii) all fees that the borrower may be charged, 
     including late payment penalties and associated fees; and
       ``(D) of such other information as the Secretary may 
     require in regulations.
       ``(c) Disclosures to the Secretary by Lender.--
       ``(1) In general.--Each lender shall, on an annual basis, 
     report to the Secretary any reasonable expenses paid or given 
     under section 435(d)(5)(D), 487(a)(21)(A)(ii), or 
     487(a)(21)(A)(iv) to any employee who is employed in the 
     financial aid office of a covered institution, or who 
     otherwise has responsibilities with respect to educational 
     loans or other financial aid of the institution. Such reports 
     shall include--
       ``(A) the amount of each specific instance in which the 
     lender provided such reimbursement;
       ``(B) the name of the financial aid official or other 
     employee to whom the reimbursement was made;
       ``(C) the dates of the activity for which the reimbursement 
     was made; and
       ``(D) a brief description of the activity for which the 
     reimbursement was made.
       ``(2) Report to congress.--The Secretary shall compile the 
     information in paragraph (1) in a report and transmit such 
     report to the authorizing committees annually.

     ``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS 
                   PARTICIPATING IN EDUCATIONAL LOAN ARRANGEMENTS.

       ``(a) Secretary Duties.--
       ``(1) Report and model format.--Not later than 180 days 
     after the date of enactment of the Higher Education 
     Amendments of 2007, the Secretary shall--
       ``(A) prepare a report on the adequacy of the information 
     provided to students and the parents of such students about 
     educational loans, after consulting with students, 
     representatives of covered institutions (including financial 
     aid administrators, registrars, and business officers), 
     lenders, loan servicers, and guaranty agencies;
       ``(B) include in the report a model format, based on the 
     report's findings, to be used by lenders and covered 
     institutions in carrying out subsections (b) and (c)--
       ``(i) that provides information on the applicable interest 
     rates and other terms and conditions of the educational loans 
     provided by a lender to students attending the institution, 
     or the parents of such students, disaggregated by each type 
     of educational loans provided to such students or parents by 
     the lender, including--

       ``(I) the interest rate and terms and conditions of the 
     loans offered by the lender for the upcoming academic year;
       ``(II) with respect to such loans, any benefits that are 
     contingent on the repayment behavior of the borrower;
       ``(III) the average amount borrowed from the lender by 
     students enrolled in the institution who obtain loans of such 
     type from the lender for the preceding academic year;
       ``(IV) the average interest rate on such loans provided to 
     such students for the preceding academic year; and
       ``(V) the amount that the borrower may repay in interest, 
     based on the standard repayment period of a loan, on the 
     average amount borrowed from the lender by students enrolled 
     in the institution who obtain loans of such type from the 
     lender for the preceding academic year; and

       ``(ii) which format shall be easily usable by lenders, 
     institutions, guaranty agencies, loan servicers, parents, and 
     students; and
       ``(C)(i) submit the report and model format to the 
     authorizing committees; and
       ``(ii) make the report and model format available to 
     covered institutions, lenders, and the public.
       ``(2) Use of form.--The Secretary shall take such steps as 
     necessary to make the model format available to covered 
     institutions and to encourage--
       ``(A) lenders subject to subsection (b) to use the model 
     format in providing the information required under subsection 
     (b); and
       ``(B) covered institutions to use such format in preparing 
     the information report under subsection (c).
       ``(b) Lender Duties.--Each lender that has an educational 
     loan arrangement with a covered institution shall annually, 
     by a date determined by the Secretary, provide to the covered 
     institution and to the Secretary the information included on 
     the model format for each type of educational loan provided 
     by the lender to students attending the covered institution, 
     or the parents of such students, for the preceding academic 
     year.
       ``(c) Covered Institution Duties.--Each covered institution 
     shall--
       ``(1) prepare and submit to the Secretary an annual report, 
     by a date determined by the Secretary, that includes, for 
     each lender that has an educational loan arrangement with the 
     covered institution and that has submitted to the institution 
     the information required under subsection (b)--
       ``(A) the information included on the model format for each 
     type of educational loan provided by the lender to students 
     attending the covered institution, or the parents of such 
     students; and
       ``(B) a detailed explanation of why the covered institution 
     believes the terms and conditions of each type of educational 
     loan provided pursuant to the agreement are beneficial for 
     students attending the covered institution, or the parents of 
     such students; and
       ``(2) ensure that the report required under paragraph (1) 
     is made available to the public and provided to students 
     attending or planning to attend the covered institution, and 
     the parents of such students, in time for the student or 
     parent to take such information into account before applying 
     for or selecting an educational loan.''.

     SEC. 114. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES.

       (a) Study, Assessments, and Recommendations.--The 
     Comptroller General of the United States shall--
       (1) conduct a study of--
       (A) the information that States currently have on the 
     employment of students who have completed postsecondary 
     education programs;
       (B) the feasibility of collecting information on students 
     who complete all types of postsecondary education programs 
     (including 2- and 4-year degree, certificate, and 
     professional and graduate programs) at all types of 
     institutions (including public, private nonprofit, and for-
     profit schools), regarding--
       (i) employment, including--

       (I) the type of job obtained not later than 6 months after 
     the completion of the degree, certificate, or program;
       (II) whether such job was related to the course of study;
       (III) the starting salary for such job; and
       (IV) the student's satisfaction with the student's 
     preparation for such job and guidance provided with respect 
     to securing the job; and

       (ii) for recipients of Federal student aid, the type of 
     assistance received, so that the information can be used to 
     evaluate various education programs;
       (C) the evaluation systems used by other industries to 
     identify successful programs and challenges, set priorities, 
     monitor performance, and make improvements;
       (D) the best means of collecting information from or 
     regarding recent postsecondary graduates, including--
       (i) whether a national website would be the most effective 
     way to collect information;
       (ii) whether postsecondary graduates could be encouraged to 
     submit voluntary information by allowing a graduate to access 
     aggregated information about other graduates (such as 
     graduates from the graduate's school, with the graduate's 
     degree, or in the graduate's area) if the graduate completes 
     an online questionnaire;
       (iii) whether employers could be encouraged to submit 
     information by allowing an employer to access aggregated 
     information about graduates (such as institutions of higher 
     education attended, degrees, or starting pay) if the employer 
     completes an online questionnaire to evaluate the employer's 
     satisfaction with the graduates the employer hires; and
       (iv) whether postsecondary institutions that receive 
     Federal funds or whose students have received Federal student 
     financial aid could be required to submit aggregated 
     information about the graduates of the institutions; and
       (E) the best means of displaying employment information; 
     and
       (2) provide assessments and recommendations regarding--
       (A) whether successful State cooperative relationships 
     between higher education system offices and State agencies 
     responsible for employment statistics can be encouraged and 
     replicated in other States;
       (B) whether there is value in collecting additional 
     information from or about the employment experience of 
     individuals who have recently completed a postsecondary 
     educational program;
       (C) what are the most promising ways of obtaining and 
     displaying or disseminating such information;
       (D) if a website is used for such information, whether the 
     website should be run by a governmental agency or contracted 
     out to an independent education or employment organization;
       (E) whether a voluntary information system would work, both 
     from the graduates' and employers' perspectives;
       (F) the value of such information to future students, 
     institutions, accrediting agencies or associations, 
     policymakers, and employers, including how the information 
     would be used and the practical applications of the 
     information;
       (G) whether the request for such information is duplicative 
     of information that is already being collected; and
       (H) whether the National Postsecondary Student Aid Survey 
     conducted by the National Center for Education Statistics 
     could be amended to collect such information.

[[Page 20481]]

       (b) Reports.--
       (1) Preliminary report.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General shall 
     submit to Congress a preliminary report regarding the study, 
     assessments, and recommendations described in subsection (a).
       (2) Final report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a final report regarding such study, assessments, 
     and recommendations.

     SEC. 115. FOREIGN MEDICAL SCHOOLS.

       (a) Percentage Pass Rate.--
       (1) In general.--Section 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. 
     1002(a)(2)(A)(i)(I)(bb)) is amended by striking ``60'' and 
     inserting ``75''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on July 1, 2010.
       (b) Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (A) complete a study that shall examine American students 
     receiving Federal financial aid to attend graduate medical 
     schools located outside of the United States; and
       (B) submit to Congress a report setting forth the 
     conclusions of the study.
       (2) Contents.--The study conducted under this subsection 
     shall include the following:
       (A) The amount of Federal student financial aid dollars 
     that are being spent on graduate medical schools located 
     outside of the United States every year, and the percentage 
     of overall student aid such amount represents.
       (B) The percentage of students of such medical schools who 
     pass the examinations administered by the Educational 
     Commission for Foreign Medical Graduates the first time.
       (C) The percentage of students of such medical schools who 
     pass the examinations administered by the Educational 
     Commission for Foreign Medical Graduates after taking such 
     examinations multiple times, disaggregated by how many times 
     the students had to take the examinations to pass.
       (D) The percentage of recent graduates of such medical 
     schools practicing medicine in the United States, and a 
     description of where the students are practicing and what 
     types of medicine the students are practicing.
       (E) The rate of graduates of such medical schools who lose 
     malpractice lawsuits or have the graduates' medical licenses 
     revoked, as compared to graduates of graduate medical schools 
     located in the United States.
       (F) Recommendations regarding the percentage passing rate 
     of the examinations administered by the Educational 
     Commission for Foreign Medical Graduates that the United 
     States should require of graduate medical schools located 
     outside of the United States for Federal financial aid 
     purposes.

     SEC. 116. DEMONSTRATION AND CERTIFICATION REGARDING THE USE 
                   OF CERTAIN FEDERAL FUNDS.

       (a) Prohibition.--No Federal funds received by an 
     institution of higher education or other postsecondary 
     educational institution may be used to pay any person for 
     influencing or attempting to influence an officer or employee 
     of any agency, a Member of Congress, an officer or employee 
     of Congress, or an employee of a Member of Congress in 
     connection with any Federal action described in subsection 
     (b).
       (b) Applicability.--The prohibition in subsection (a) 
     applies with respect to the following Federal actions:
       (1) The awarding of any Federal contract.
       (2) The making of any Federal grant.
       (3) The making of any Federal loan.
       (4) The entering into of any Federal cooperative agreement.
       (5) The extension, continuation, renewal, amendment, or 
     modification of any Federal contract, grant, loan, or 
     cooperative agreement.
       (c) Lobbying and Earmarks.--No Federal student aid funding 
     may be used to hire a registered lobbyist or pay any person 
     or entity for securing an earmark.
       (d) Demonstration and Certification.--Each institution of 
     higher education or other postsecondary educational 
     institution receiving Federal funding, as a condition for 
     receiving such funding, shall annually demonstrate and 
     certify to the Secretary of Education that the requirements 
     of subsections (a) through (c) have been met.
       (e) Actions To Implement and Enforce.--The Secretary of 
     Education shall take such actions as are necessary to ensure 
     that the provisions of this section are vigorously 
     implemented and enforced.

                 TITLE II--TEACHER QUALITY ENHANCEMENT

     SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS.

       Part A of title II (20 U.S.C. 1021 et seq.) is amended to 
     read as follows:

              ``PART A--TEACHER QUALITY PARTNERSHIP GRANTS

     ``SEC. 201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to--
       ``(1) improve student achievement;
       ``(2) improve the quality of the current and future 
     teaching force by improving the preparation of prospective 
     teachers and enhancing professional development activities;
       ``(3) hold institutions of higher education accountable for 
     preparing highly qualified teachers; and
       ``(4) recruit qualified individuals, including minorities 
     and individuals from other occupations, into the teaching 
     force.
       ``(b) Definitions.--In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' 
     means--
       ``(A) when referring to an organizational unit of an 
     institution of higher education, any academic unit that 
     offers 1 or more academic majors in disciplines or content 
     areas corresponding to the academic subject matter areas in 
     which teachers provide instruction; and
       ``(B) when referring to a specific academic subject area, 
     the disciplines or content areas in which academic majors are 
     offered by the arts and sciences organizational unit.
       ``(2) Children from low-income families.--The term 
     `children from low-income families' means children as 
     described in section 1124(c)(1)(A) of the Elementary and 
     Secondary Education Act of 1965.
       ``(3) Core academic subjects.--The term `core academic 
     subjects' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965.
       ``(4) Early childhood education program.--The term `early 
     childhood education program' means--
       ``(A) a Head Start program or an Early Head Start program 
     carried out under the Head Start Act (42 U.S.C. 9831 et 
     seq.);
       ``(B) a State licensed or regulated child care program or 
     school; or
       ``(C) a State prekindergarten program that serves children 
     from birth through kindergarten and that addresses the 
     children's cognitive (including language, early literacy, and 
     pre-numeracy), social, emotional, and physical development.
       ``(5) Early childhood educator.--The term `early childhood 
     educator' means an individual with primary responsibility for 
     the education of children in an early childhood education 
     program.
       ``(6) Educational service agency.--The term `educational 
     service agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965.
       ``(7) Eligible partnership.--The term `eligible 
     partnership' means an entity that--
       ``(A) shall include--
       ``(i) a high-need local educational agency;
       ``(ii) a high-need school or a consortium of high-need 
     schools served by the high-need local educational agency or, 
     as applicable, a high-need early childhood education program;
       ``(iii) a partner institution;
       ``(iv) a school, department, or program of education within 
     such partner institution; and
       ``(v) a school or department of arts and sciences within 
     such partner institution; and
       ``(B) may include any of the following:
       ``(i) The Governor of the State.
       ``(ii) The State educational agency.
       ``(iii) The State board of education.
       ``(iv) The State agency for higher education.
       ``(v) A business.
       ``(vi) A public or private nonprofit educational 
     organization.
       ``(vii) An educational service agency.
       ``(viii) A teacher organization.
       ``(ix) A high-performing local educational agency, or a 
     consortium of such local educational agencies, that can serve 
     as a resource to the partnership.
       ``(x) A charter school (as defined in section 5210 of the 
     Elementary and Secondary Education Act of 1965).
       ``(xi) A school or department within the partner 
     institution that focuses on psychology and human development.
       ``(xii) A school or department within the partner 
     institution with comparable expertise in the disciplines of 
     teaching, learning, and child and adolescent development.
       ``(8) Essential components of reading instruction.--The 
     term `essential components of reading instruction' has the 
     meaning given such term in section 1208 of the Elementary and 
     Secondary Education Act of 1965.
       ``(9) Exemplary teacher.--The term `exemplary teacher' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(10) High-need early childhood education program.--The 
     term `high-need early childhood education program' means an 
     early childhood education program serving children from low-
     income families that is located within the geographic area 
     served by a high-need local educational agency.
       ``(11) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency--
       ``(A)(i) for which not less than 20 percent of the children 
     served by the agency are children from low-income families;
       ``(ii) that serves not fewer than 10,000 children from low-
     income families; or
       ``(iii) with a total of less than 600 students in average 
     daily attendance at the schools that are served by the agency 
     and all of whose schools are designated with a school locale 
     code of 6, 7, or 8, as determined by the Secretary; and

[[Page 20482]]

       ``(B)(i) for which there is a high percentage of teachers 
     not teaching in the academic subject areas or grade levels in 
     which the teachers were trained to teach; or
       ``(ii) for which there is a high teacher turnover rate or a 
     high percentage of teachers with emergency, provisional, or 
     temporary certification or licensure.
       ``(12) High-need school.--The term `high-need school' means 
     a public elementary school or public secondary school that--
       ``(A) is among the highest 25 percent of schools served by 
     the local educational agency that serves the school, in terms 
     of the percentage of students from families with incomes 
     below the poverty line; or
       ``(B) is designated with a school locale code of 6, 7, or 
     8, as determined by the Secretary.
       ``(13) Highly competent.--The term `highly competent', when 
     used with respect to an early childhood educator, means an 
     educator--
       ``(A) with specialized education and training in 
     development and education of young children from birth until 
     entry into kindergarten;
       ``(B) with--
       ``(i) a baccalaureate degree in an academic major in the 
     arts and sciences; or
       ``(ii) an associate's degree in a related educational area; 
     and
       ``(C) who has demonstrated a high level of knowledge and 
     use of content and pedagogy in the relevant areas associated 
     with quality early childhood education.
       ``(14) Highly qualified.--The term `highly qualified' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 and, with respect to 
     special education teachers, in section 602 of the Individuals 
     with Disabilities Education Act.
       ``(15) Induction program.--The term `induction program' 
     means a formalized program for new teachers during not less 
     than the teachers' first 2 years of teaching that is designed 
     to provide support for, and improve the professional 
     performance and advance the retention in the teaching field 
     of, beginning teachers. Such program shall promote effective 
     teaching skills and shall include the following components:
       ``(A) High-quality teacher mentoring.
       ``(B) Periodic, structured time for collaboration with 
     teachers in the same department or field, as well as time for 
     information-sharing among teachers, principals, 
     administrators, and participating faculty in the partner 
     institution.
       ``(C) The application of empirically based practice and 
     scientifically valid research on instructional practices.
       ``(D) Opportunities for new teachers to draw directly upon 
     the expertise of teacher mentors, faculty, and researchers to 
     support the integration of empirically based practice and 
     scientifically valid research with practice.
       ``(E) The development of skills in instructional and 
     behavioral interventions derived from empirically based 
     practice and, where applicable, scientifically valid 
     research.
       ``(F) Faculty who--
       ``(i) model the integration of research and practice in the 
     classroom; and
       ``(ii) assist new teachers with the effective use and 
     integration of technology in the classroom.
       ``(G) Interdisciplinary collaboration among exemplary 
     teachers, faculty, researchers, and other staff who prepare 
     new teachers on the learning process and the assessment of 
     learning.
       ``(H) Assistance with the understanding of data, 
     particularly student achievement data, and the data's 
     applicability in classroom instruction.
       ``(I) Regular evaluation of the new teacher.
       ``(16) Limited english proficient.--The term `limited 
     English proficient' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       ``(17) Partner institution.--The term `partner institution' 
     means an institution of higher education, which may include a 
     2-year institution of higher education offering a dual 
     program with a 4-year institution of higher education, 
     participating in an eligible partnership that has a teacher 
     preparation program--
       ``(A) whose graduates exhibit strong performance on State-
     determined qualifying assessments for new teachers through--
       ``(i) demonstrating that 80 percent or more of the 
     graduates of the program who intend to enter the field of 
     teaching have passed all of the applicable State 
     qualification assessments for new teachers, which shall 
     include an assessment of each prospective teacher's subject 
     matter knowledge in the content area in which the teacher 
     intends to teach; or
       ``(ii) being ranked among the highest-performing teacher 
     preparation programs in the State as determined by the 
     State--

       ``(I) using criteria consistent with the requirements for 
     the State report card under section 205(b); and
       ``(II) using the State report card on teacher preparation 
     required under section 205(b), after the first publication of 
     such report card and for every year thereafter; or

       ``(B) that requires--
       ``(i) each student in the program to meet high academic 
     standards and participate in intensive clinical experience;
       ``(ii) each student in the program preparing to become a 
     teacher to become highly qualified; and
       ``(iii) each student in the program preparing to become an 
     early childhood educator to meet degree requirements, as 
     established by the State, and become highly competent.
       ``(18) Principles of scientific research.--The term 
     `principles of scientific research' means research that--
       ``(A) applies rigorous, systematic, and objective 
     methodology to obtain reliable and valid knowledge relevant 
     to education activities and programs;
       ``(B) presents findings and makes claims that are 
     appropriate to and supported by the methods that have been 
     employed; and
       ``(C) includes, appropriate to the research being 
     conducted--
       ``(i) use of systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) use of data analyses that are adequate to support 
     the general findings;
       ``(iii) reliance on measurements or observational methods 
     that provide reliable and generalizable findings;
       ``(iv) claims of causal relationships only in research 
     designs that substantially eliminate plausible competing 
     explanations for the obtained results, which may include but 
     shall not be limited to random-assignment experiments;
       ``(v) presentation of studies and methods in sufficient 
     detail and clarity to allow for replication or, at a minimum, 
     to offer the opportunity to build systematically on the 
     findings of the research;
       ``(vi) acceptance by a peer-reviewed journal or critique by 
     a panel of independent experts through a comparably rigorous, 
     objective, and scientific review; and
       ``(vii) use of research designs and methods appropriate to 
     the research question posed.
       ``(19) Professional development.--The term `professional 
     development' has the meaning given the term in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(20) Scientifically valid research.--The term 
     `scientifically valid research' includes applied research, 
     basic research, and field-initiated research in which the 
     rationale, design, and interpretation are soundly developed 
     in accordance with accepted principles of scientific 
     research.
       ``(21) Teacher mentoring.--The term `teacher mentoring' 
     means the mentoring of new or prospective teachers through a 
     new or established program that--
       ``(A) includes clear criteria for the selection of teacher 
     mentors who will provide role model relationships for 
     mentees, which criteria shall be developed by the eligible 
     partnership and based on measures of teacher effectiveness;
       ``(B) provides high-quality training for such mentors, 
     including instructional strategies for literacy instruction;
       ``(C) provides regular and ongoing opportunities for 
     mentors and mentees to observe each other's teaching methods 
     in classroom settings during the day in a high-need school in 
     the high-need local educational agency in the eligible 
     partnership;
       ``(D) provides mentoring to each mentee by a colleague who 
     teaches in the same field, grade, or subject as the mentee;
       ``(E) promotes empirically based practice of, and 
     scientifically valid research on, where applicable--
       ``(i) teaching and learning;
       ``(ii) assessment of student learning;
       ``(iii) the development of teaching skills through the use 
     of instructional and behavioral interventions; and
       ``(iv) the improvement of the mentees' capacity to 
     measurably advance student learning; and
       ``(F) includes--
       ``(i) common planning time or regularly scheduled 
     collaboration for the mentor and mentee; and
       ``(ii) joint professional development opportunities.
       ``(22) Teaching skills.--The term `teaching skills' means 
     skills that enable a teacher to--
       ``(A) increase student learning, achievement, and the 
     ability to apply knowledge;
       ``(B) effectively convey and explain academic subject 
     matter;
       ``(C) employ strategies grounded in the disciplines of 
     teaching and learning that--
       ``(i) are based on empirically based practice and 
     scientifically valid research, where applicable, on teaching 
     and learning;
       ``(ii) are specific to academic subject matter; and
       ``(iii) focus on the identification of students' specific 
     learning needs, particularly students with disabilities, 
     students who are limited English proficient, students who are 
     gifted and talented, and students with low literacy levels, 
     and the tailoring of academic instruction to such needs;
       ``(D) conduct an ongoing assessment of student learning, 
     which may include the use of formative assessments, 
     performance-based assessments, project-based assessments, or 
     portfolio assessments, that measure higher-order thinking 
     skills, including application, analysis, synthesis, and 
     evaluation;
       ``(E) effectively manage a classroom;
       ``(F) communicate and work with parents and guardians, and 
     involve parents and guardians in their children's education; 
     and

[[Page 20483]]

       ``(G) use, in the case of an early childhood educator, age- 
     and developmentally-appropriate strategies and practices for 
     children in early education programs.
       ``(23) Teaching residency program.--The term `teaching 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) for 1 academic year, teaches alongside a mentor 
     teacher, who is the teacher of record;
       ``(B) receives concurrent instruction during the year 
     described in subparagraph (A) from the partner institution, 
     which courses may be taught by local educational agency 
     personnel or residency program faculty, in the teaching of 
     the content area in which the teacher will become certified 
     or licensed;
       ``(C) acquires effective teaching skills; and
       ``(D) prior to completion of the program, earns a master's 
     degree, attains full State teacher certification or 
     licensure, and becomes highly qualified.

     ``SEC. 202. PARTNERSHIP GRANTS.

       ``(a) Program Authorized.--From amounts made available 
     under section 208, the Secretary is authorized to award 
     grants, on a competitive basis, to eligible partnerships, to 
     enable the eligible partnerships to carry out the activities 
     described in subsection (c).
       ``(b) Application.--Each eligible partnership desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall contain--
       ``(1) a needs assessment of all the partners in the 
     eligible partnership with respect to the preparation, ongoing 
     training, professional development, and retention, of general 
     and special education teachers, principals, and, as 
     applicable, early childhood educators;
       ``(2) a description of the extent to which the program 
     prepares prospective and new teachers with strong teaching 
     skills;
       ``(3) a description of the extent to which the program will 
     prepare prospective and new teachers to understand research 
     and data and the applicability of research and data in the 
     classroom;
       ``(4) a description of how the partnership will coordinate 
     strategies and activities assisted under the grant with other 
     teacher preparation or professional development programs, 
     including those funded under the Elementary and Secondary 
     Education Act of 1965 and the Individuals with Disabilities 
     Education Act, and through the National Science Foundation, 
     and how the activities of the partnership will be consistent 
     with State, local, and other education reform activities that 
     promote student achievement;
       ``(5) a resource assessment that describes the resources 
     available to the partnership, including--
       ``(A) the integration of funds from other related sources;
       ``(B) the intended use of the grant funds;
       ``(C) the commitment of the resources of the partnership to 
     the activities assisted under this section, including 
     financial support, faculty participation, and time 
     commitments, and to the continuation of the activities when 
     the grant ends;
       ``(6) a description of--
       ``(A) how the partnership will meet the purposes of this 
     part;
       ``(B) how the partnership will carry out the activities 
     required under subsection (d) or (e) based on the needs 
     identified in paragraph (1), with the goal of improving 
     student achievement;
       ``(C) the partnership's evaluation plan under section 
     204(a);
       ``(D) how the partnership will align the teacher 
     preparation program with the--
       ``(i) State early learning standards for early childhood 
     education programs, as appropriate, and with the relevant 
     domains of early childhood development; and
       ``(ii) the student academic achievement standards and 
     academic content standards under section 1111(b)(2) of the 
     Elementary and Secondary Education Act of 1965, established 
     by the State in which the partnership is located;
       ``(E) how faculty at the partner institution will work 
     with, during the term of the grant, highly qualified teachers 
     in the classrooms of schools served by the high-need local 
     educational agency in the partnership to provide high-quality 
     professional development activities;
       ``(F) how the partnership will design, implement, or 
     enhance a year-long, rigorous, and enriching teaching 
     preservice clinical program component;
       ``(G) the in-service professional development strategies 
     and activities to be supported; and
       ``(H) how the partnership will collect, analyze, and use 
     data on the retention of all teachers and early childhood 
     educators in schools and early childhood programs located in 
     the geographic area served by the partnership to evaluate the 
     effectiveness of the partnership's teacher and educator 
     support system; and
       ``(7) with respect to the induction program required as 
     part of the activities carried out under this section--
       ``(A) a demonstration that the schools and departments 
     within the institution of higher education that are part of 
     the induction program have relevant and essential roles in 
     the effective preparation of teachers, including content 
     expertise and expertise in teaching;
       ``(B) a demonstration of the partnership's capability and 
     commitment to the use of empirically based practice and 
     scientifically valid research on teaching and learning, and 
     the accessibility to and involvement of faculty;
       ``(C) a description of how the teacher preparation program 
     will design and implement an induction program to support all 
     new teachers through not less than the first 2 years of 
     teaching in the further development of the new teachers' 
     teaching skills, including the use of mentors who are trained 
     and compensated by such program for the mentors' work with 
     new teachers; and
       ``(D) a description of how faculty involved in the 
     induction program will be able to substantially participate 
     in an early childhood education program or an elementary or 
     secondary school classroom setting, as applicable, including 
     release time and receiving workload credit for such 
     participation.
       ``(c) Required Use of Grant Funds.--An eligible partnership 
     that receives a grant under this part shall use grant funds 
     to carry out a program for the pre-baccalaureate preparation 
     of teachers under subsection (d), a teaching residency 
     program under subsection (e), or both such programs.
       ``(d) Partnership Grants for Pre-Baccalaureate Preparation 
     of Teachers.--An eligible partnership that receives a grant 
     to carry out an effective program for the pre-baccalaureate 
     preparation of teachers shall carry out a program that 
     includes all of the following:
       ``(1) Reforms.--
       ``(A) In general.--Implementing reforms, described in 
     subparagraph (B), within each teacher preparation program 
     and, as applicable, each preparation program for early 
     childhood education programs, of the eligible partnership 
     that is assisted under this section, to hold each program 
     accountable for--
       ``(i) preparing--

       ``(I) current or prospective teachers to be highly 
     qualified (including teachers in rural school districts who 
     may teach multiple subjects, special educators, and teachers 
     of students who are limited English proficient who may teach 
     multiple subjects);
       ``(II) such teachers and, as applicable, early childhood 
     educators, to understand empirically based practice and 
     scientifically valid research on teaching and learning and 
     its applicability, and to use technology effectively, 
     including the use of instructional techniques to improve 
     student achievement; and
       ``(III) as applicable, early childhood educators to be 
     highly competent; and

       ``(ii) promoting strong teaching skills and, as applicable, 
     techniques for early childhood educators to improve 
     children's cognitive, social, emotional, and physical 
     development.
       ``(B) Required reforms.--The reforms described in 
     subparagraph (A) shall include--
       ``(i) implementing teacher preparation program curriculum 
     changes that improve, evaluate, and assess how well all 
     prospective and new teachers develop teaching skills;
       ``(ii) using empirically based practice and scientifically 
     valid research, where applicable, about the disciplines of 
     teaching and learning so that all prospective teachers and, 
     as applicable, early childhood educators--

       ``(I) can understand and implement research-based teaching 
     practices in classroom-based instruction;
       ``(II) have knowledge of student learning methods;
       ``(III) possess skills to analyze student academic 
     achievement data and other measures of student learning and 
     use such data and measures to improve instruction in the 
     classroom;
       ``(IV) possess teaching skills and an understanding of 
     effective instructional strategies across all applicable 
     content areas that enable the teachers and early childhood 
     educators to--

       ``(aa) meet the specific learning needs of all students, 
     including students with disabilities, students who are 
     limited English proficient, students who are gifted and 
     talented, students with low literacy levels and, as 
     applicable, children in early childhood education programs; 
     and
       ``(bb) differentiate instruction for such students; and

       ``(V) can successfully employ effective strategies for 
     reading instruction using the essential components of reading 
     instruction;

       ``(iii) ensuring collaboration with departments, programs, 
     or units of a partner institution outside of the teacher 
     preparation program in all academic content areas to ensure 
     that new teachers receive training in both teaching and 
     relevant content areas in order to become highly qualified;
       ``(iv) developing and implementing an induction program; 
     and
       ``(v) developing admissions goals and priorities with the 
     hiring objectives of the high-need local educational agency 
     in the eligible partnership.
       ``(2) Clinical experience and interaction.--Developing and 
     improving a sustained and high-quality pre-service clinical 
     education program to further develop the teaching skills of 
     all prospective teachers and, as applicable, early childhood 
     educators, involved in the program. Such program shall do the 
     following:

[[Page 20484]]

       ``(A) Incorporate year-long opportunities for enrichment 
     activity or a combination of activities, including--
       ``(i) clinical learning in classrooms in high-need schools 
     served by the high-need local educational agency in the 
     eligible partnership and identified by the eligible 
     partnership; and
       ``(ii) closely supervised interaction between faculty and 
     new and experienced teachers, principals, and other 
     administrators at early childhood education programs (as 
     applicable), elementary schools, or secondary schools, and 
     providing support for such interaction.
       ``(B) Integrate pedagogy and classroom practice and promote 
     effective teaching skills in academic content areas.
       ``(C) Provide high-quality teacher mentoring.
       ``(D)(i) Be offered over the course of a program of teacher 
     preparation;
       ``(ii) be tightly aligned with course work (and may be 
     developed as a 5th year of a teacher preparation program); 
     and
       ``(iii) where feasible, allow prospective teachers to learn 
     to teach in the same school district in which the teachers 
     will work, learning the instructional initiatives and 
     curriculum of that district.
       ``(E) Provide support and training for those individuals 
     participating in an activity for prospective teachers 
     described in this paragraph or paragraph (1) or (2), and for 
     those who serve as mentors for such teachers, based on each 
     individual's experience. Such support may include--
       ``(i) with respect to a prospective teacher or a mentor, 
     release time for such individual's participation;
       ``(ii) with respect to a faculty member, receiving course 
     workload credit and compensation for time teaching in the 
     eligible partnership's activities; and
       ``(iii) with respect to a mentor, a stipend, which may 
     include bonus, differential, incentive, or merit or 
     performance-based pay.
       ``(3) Induction programs for new teachers.--Creating an 
     induction program for new teachers, or, in the case of an 
     early childhood education program, providing mentoring or 
     coaching for new early childhood educators.
       ``(4) Support and training for participants in early 
     childhood education programs.--In the case of an eligible 
     partnership focusing on early childhood educator preparation, 
     implementing initiatives that increase compensation for early 
     childhood educators who attain associate or baccalaureate 
     degrees in early childhood education.
       ``(5) Teacher recruitment.--Developing and implementing 
     effective mechanisms to ensure that the eligible partnership 
     is able to recruit qualified individuals to become highly 
     qualified teachers through the activities of the eligible 
     partnership.
       ``(e) Partnership Grants for the Establishment of Teaching 
     Residency Programs.--
       ``(1) In general.--An eligible partnership receiving a 
     grant to carry out an effective teaching residency program 
     shall carry out a program that includes all of the following 
     activities:
       ``(A) Supporting a teaching residency program described in 
     paragraph (2) for high-need subjects and areas, as determined 
     by the needs of the high-need local educational agency in the 
     partnership.
       ``(B) Modifying staffing procedures to provide greater 
     flexibility for local educational agency and school leaders 
     to establish effective school-level staffing in order to 
     facilitate placement of graduates of the teaching residency 
     program in cohorts that facilitate professional 
     collaboration, both among graduates of the teaching residency 
     program and between such graduates and mentor teachers in the 
     receiving school.
       ``(C) Ensuring that teaching residents that participated in 
     the teaching residency program receive--
       ``(i) effective preservice preparation as described in 
     paragraph (2);
       ``(ii) teacher mentoring;
       ``(iii) induction through the induction program as the 
     teaching residents enter the classroom as new teachers; and
       ``(iv) the preparation described in subparagraphs (A), (B), 
     and (C) of subsection (d)(2).
       ``(2) Teaching residency programs.--
       ``(A) Establishment and design.--A teaching residency 
     program under this paragraph shall be a program based upon 
     models of successful teaching residencies that serves as a 
     mechanism to prepare teachers for success in the high-need 
     schools in the eligible partnership, and shall be designed to 
     include the following characteristics of successful programs:
       ``(i) The integration of pedagogy, classroom practice, and 
     teacher mentoring.
       ``(ii) Engagement of teaching residents in rigorous 
     graduate-level coursework to earn a master's degree while 
     undertaking a guided teaching apprenticeship.
       ``(iii) Experience and learning opportunities alongside a 
     trained and experienced mentor teacher--

       ``(I) whose teaching shall complement the residency program 
     so that classroom clinical practice is tightly aligned with 
     coursework;
       ``(II) who shall have extra responsibilities as a teacher 
     leader of the teaching residency program, as a mentor for 
     residents, and as a teacher coach during the induction 
     program for novice teachers, and for establishing, within the 
     program, a learning community in which all individuals are 
     expected to continually improve their capacity to advance 
     student learning; and
       ``(III) who may have full relief from teaching duties as a 
     result of such additional responsibilities.

       ``(iv) The establishment of clear criteria for the 
     selection of mentor teachers based on measures of teacher 
     effectiveness and the appropriate subject area knowledge. 
     Evaluation of teacher effectiveness shall be based on 
     observations of such domains of teaching as the following:

       ``(I) Planning and preparation, including demonstrated 
     knowledge of content, pedagogy, and assessment, including the 
     use of formative assessments to improve student learning.
       ``(II) Appropriate instruction that engages students with 
     different learning styles.
       ``(III) Collaboration with colleagues to improve 
     instruction.
       ``(IV) Analysis of gains in student learning, based on 
     multiple measures, that, when feasible, may include valid and 
     reliable objective measures of the influence of teachers on 
     the rate of student academic progress.
       ``(V) In the case of mentor candidates who will be 
     mentoring current or future literacy and mathematics coaches 
     or instructors, appropriate skills in the essential 
     components of reading instruction, teacher training in 
     literacy instructional strategies across core subject areas, 
     and teacher training in mathematics instructional strategies, 
     as appropriate.

       ``(v) Grouping of teaching residents in cohorts to 
     facilitate professional collaboration among such residents.
       ``(vi) The development of admissions goals and priorities 
     aligned with the hiring objectives of the local educational 
     agency partnering with the program, as well as the 
     instructional initiatives and curriculum of the agency, in 
     exchange for a commitment by the agency to hire graduates 
     from the teaching residency program.
       ``(vii) Support for residents, once the teaching residents 
     are hired as teachers of record, through an induction 
     program, professional development, and networking 
     opportunities to support the residents through not less than 
     the residents' first 2 years of teaching.
       ``(B) Selection of individuals as teacher residents.--
       ``(i) Eligible individual.--In order to be eligible to be a 
     teacher resident in a teaching residency program under this 
     paragraph, an individual shall--

       ``(I) be a recent graduate of a 4-year institution of 
     higher education or a mid-career professional from outside 
     the field of education possessing strong content knowledge or 
     a record of professional accomplishment; and
       ``(II) submit an application to the teaching residency 
     program.

       ``(ii) Selection criteria.--An eligible partnership 
     carrying out a teaching residency program under this 
     subparagraph shall establish criteria for the selection of 
     eligible individuals to participate in the teaching residency 
     program based on the following characteristics:

       ``(I) Strong content knowledge or record of accomplishment 
     in the field or subject area to be taught.
       ``(II) Strong verbal and written communication skills, 
     which may be demonstrated by performance on appropriate 
     tests.
       ``(III) Other attributes linked to effective teaching, 
     which may be determined by interviews or performance 
     assessments, as specified by the eligible partnership.

       ``(C) Stipend and service requirement.--
       ``(i) Stipend.--A teaching residency program under this 
     paragraph shall provide a 1-year living stipend or salary to 
     teaching residents during the 1-year teaching residency 
     program.
       ``(ii) Service requirement.--As a condition of receiving a 
     stipend under this subparagraph, a teaching resident shall 
     agree to teach in a high-need school served by the high-need 
     local educational agency in the eligible partnership for a 
     period of 3 or more years after completing the 1-year 
     teaching residency program.
       ``(iii) Repayment.--If a teaching resident who received a 
     stipend under this subparagraph does not complete the service 
     requirement described in clause (ii), such individual shall 
     repay to the high-need local educational agency a pro rata 
     portion of the stipend amount for the amount of teaching time 
     that the individual did not complete.
       ``(f) Allowable Use of Grant Funds.--An eligible 
     partnership that receives a grant under this part may use 
     grant funds provided to carry out the activities described in 
     subsections (d) and (e) to partner with a television public 
     broadcast station, as defined in section 397(6) of the 
     Communications Act of 1934 (47 U.S.C. 397(6)), for the 
     purpose of improving the quality of pre-baccalaureate teacher 
     preparation programs. The partnership may use such funds to 
     enhance the quality of pre-service training for prospective 
     teachers, including through the use of digital educational 
     content and related services.
       ``(g) Consultation.--
       ``(1) In general.--Members of an eligible partnership that 
     receives a grant under this

[[Page 20485]]

     section shall engage in regular consultation throughout the 
     development and implementation of programs and activities 
     under this section.
       ``(2) Regular communication.--To ensure timely and 
     meaningful consultation, regular communication shall occur 
     among all members of the eligible partnership, including the 
     high-need local educational agency. Such communication shall 
     continue throughout the implementation of the grant and the 
     assessment of programs and activities under this section.
       ``(3) Written consent.--The Secretary may approve changes 
     in grant activities of a grant under this section only if a 
     written consent signed by all members of the eligible 
     partnership is submitted to the Secretary.
       ``(h) Construction.--Nothing in this section shall be 
     construed to prohibit an eligible partnership from using 
     grant funds to coordinate with the activities of eligible 
     partnerships in other States or on a regional basis through 
     Governors, State boards of education, State educational 
     agencies, State agencies responsible for early childhood 
     education, local educational agencies, or State agencies for 
     higher education.
       ``(i) Supplement, Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other Federal, State, and local funds that would otherwise be 
     expended to carry out activities under this section.

     ``SEC. 203. ADMINISTRATIVE PROVISIONS.

       ``(a) Duration; Number of Awards; Payments.--
       ``(1) Duration.--A grant awarded under this part shall be 
     awarded for a period of 5 years.
       ``(2) Number of awards.--An eligible partnership may not 
     receive more than 1 grant during a 5-year period. Nothing in 
     this title shall be construed to prohibit an individual 
     member, that can demonstrate need, of an eligible partnership 
     that receives a grant under this title from entering into 
     another eligible partnership consisting of new members and 
     receiving a grant with such other eligible partnership before 
     the 5-year period described in the preceding sentence 
     applicable to the eligible partnership with which the 
     individual member has first partnered has expired.
       ``(3) Payments.--The Secretary shall make annual payments 
     of grant funds awarded under this part.
       ``(b) Peer Review.--
       ``(1) Panel.--The Secretary shall provide the applications 
     submitted under this part to a peer review panel for 
     evaluation. With respect to each application, the peer review 
     panel shall initially recommend the application for funding 
     or for disapproval.
       ``(2) Priority.--In recommending applications to the 
     Secretary for funding under this part, the panel shall give 
     priority--
       ``(A) to applications from broad-based eligible 
     partnerships that involve businesses and community 
     organizations; and
       ``(B) to eligible partnerships so that the awards promote 
     an equitable geographic distribution of grants among rural 
     and urban areas.
       ``(3) Secretarial selection.--The Secretary shall 
     determine, based on the peer review process, which 
     applications shall receive funding and the amounts of the 
     grants. In determining the grant amount, the Secretary shall 
     take into account the total amount of funds available for all 
     grants under this part and the types of activities proposed 
     to be carried out by the eligible partnership.
       ``(c) Matching Requirements.--
       ``(1) In general.--Each eligible partnership receiving a 
     grant under this part shall provide, from non-Federal 
     sources, an amount equal to 100 percent of the amount of the 
     grant, which may be provided in cash or in-kind, to carry out 
     the activities supported by the grant.
       ``(2) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for an eligible partnership, if the Secretary 
     determines that applying the matching requirement to the 
     eligible partnership would result in serious hardship or an 
     inability to carry out the authorized activities described in 
     this part.
       ``(d) Limitation on Administrative Expenses.--An eligible 
     partnership that receives a grant under this part may use not 
     more than 2 percent of the grant funds for purposes of 
     administering the grant.

     ``SEC. 204. ACCOUNTABILITY AND EVALUATION.

       ``(a) Eligible Partnership Evaluation.--Each eligible 
     partnership submitting an application for a grant under this 
     part shall establish and include in such application, an 
     evaluation plan that includes strong performance objectives. 
     The plan shall include objectives and measures for 
     increasing--
       ``(1) student achievement for all students as measured by 
     the eligible partnership;
       ``(2) teacher retention in the first 3 years of a teacher's 
     career;
       ``(3) improvement in the pass rates and scaled scores for 
     initial State certification or licensure of teachers; and
       ``(4)(A) the percentage of highly qualified teachers hired 
     by the high-need local educational agency participating in 
     the eligible partnership;
       ``(B) the percentage of such teachers who are members of 
     under represented groups;
       ``(C) the percentage of such teachers who teach high-need 
     academic subject areas (such as reading, mathematics, 
     science, and foreign language, including less commonly taught 
     languages and critical foreign languages);
       ``(D) the percentage of such teachers who teach in high-
     need areas (including special education, language instruction 
     educational programs for limited English proficient students, 
     and early childhood education);
       ``(E) the percentage of such teachers in high-need schools, 
     disaggregated by the elementary, middle, and high school 
     levels; and
       ``(F) as applicable, the percentage of early childhood 
     education program classes in the geographic area served by 
     the eligible partnership taught by early childhood educators 
     who are highly competent.
       ``(b) Information.--An eligible partnership receiving a 
     grant under this part shall ensure that teachers, principals, 
     school superintendents, and faculty and leadership at 
     institutions of higher education located in the geographic 
     areas served by the eligible partnership under this part are 
     provided information about the activities carried out with 
     funds under this part, including through electronic means.
       ``(c) Revocation of Grant.--If the Secretary determines 
     that an eligible partnership receiving a grant under this 
     part is not making substantial progress in meeting the 
     purposes, goals, objectives, and measures, as appropriate, of 
     the grant by the end of the third year of a grant under this 
     part, then the Secretary shall require such eligible 
     partnership to submit a revised application that identifies 
     the steps the partnership will take to make substantial 
     progress to meet the purposes, goals, objectives, and 
     measures, as appropriate, of this part.
       ``(d) Evaluation and Dissemination.--The Secretary shall 
     evaluate the activities funded under this part and report the 
     Secretary's findings regarding the activities to the 
     authorizing committees. The Secretary shall broadly 
     disseminate--
       ``(1) successful practices developed by eligible 
     partnerships under this part; and
       ``(2) information regarding such practices that were found 
     to be ineffective.

     ``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE 
                   TEACHERS.

       ``(a) Institutional and Program Report Cards on the Quality 
     of Teacher Preparation.--
       ``(1) Report card.--Each institution of higher education 
     that conducts a traditional teacher preparation program or 
     alternative routes to State certification or licensure 
     program and that enrolls students receiving Federal 
     assistance under this Act shall report annually to the State 
     and the general public, in a uniform and comprehensible 
     manner that conforms with the definitions and methods 
     established by the Secretary, both for traditional teacher 
     preparation programs and alternative routes to State 
     certification or licensure programs, the following 
     information:
       ``(A) Pass rates and scaled scores.--For the most recent 
     year for which the information is available for those 
     students who took the assessments and are enrolled in the 
     traditional teacher preparation program or alternative routes 
     to State certification or licensure program, and for those 
     who have taken the assessments and have completed the 
     traditional teacher preparation program or alternative routes 
     to State certification or licensure program during the 2-year 
     period preceding such year, for each of the assessments used 
     for teacher certification or licensure by the State in which 
     the program is located--
       ``(i) the percentage of students who have completed 100 
     percent of the nonclinical coursework and taken the 
     assessment who pass such assessment;
       ``(ii) the percentage of all such students who passed each 
     such assessment;
       ``(iii) the percentage of students taking an assessment who 
     completed the teacher preparation program after enrolling in 
     the program, which shall be made available widely and 
     publicly by the State;
       ``(iv) the average scaled score for all students who took 
     each such assessment;
       ``(v) a comparison of the program's pass rates with the 
     average pass rates for programs in the State; and
       ``(vi) a comparison of the program's average scaled scores 
     with the average scaled scores for programs in the State.
       ``(B) Program information.--The criteria for admission into 
     the program, the number of students in the program 
     (disaggregated by race and gender), the average number of 
     hours of supervised clinical experience required for those in 
     the program, the number of full-time equivalent faculty and 
     students in the supervised clinical experience, and the total 
     number of students who have been certified or licensed as 
     teachers, disaggregated by subject and area of certification 
     or licensure.
       ``(C) Statement.--In States that require approval or 
     accreditation of teacher preparation programs, a statement of 
     whether the institution's program is so approved or 
     accredited, and by whom.
       ``(D) Designation as low-performing.--Whether the program 
     has been designated as low-performing by the State under 
     section 207(a).

[[Page 20486]]

       ``(E) Use of technology.--A description of the activities 
     that prepare teachers to effectively integrate technology 
     into curricula and instruction and effectively use technology 
     to collect, manage, and analyze data in order to improve 
     teaching, learning, and decisionmaking for the purpose of 
     increasing student academic achievement.
       ``(2) Report.--Each eligible partnership receiving a grant 
     under section 202 shall report annually on the progress of 
     the eligible partnership toward meeting the purposes of this 
     part and the objectives and measures described in section 
     204(a).
       ``(3) Fines.--The Secretary may impose a fine not to exceed 
     $25,000 on an institution of higher education for failure to 
     provide the information described in this subsection in a 
     timely or accurate manner.
       ``(4) Special rule.--In the case of an institution of 
     higher education that conducts a traditional teacher 
     preparation program or alternative routes to State 
     certification or licensure program and has fewer than 10 
     scores reported on any single initial teacher certification 
     or licensure assessment during an academic year, the 
     institution shall collect and publish information, as 
     required under paragraph (1)(A), with respect to an average 
     pass rate and scaled score on each State certification or 
     licensure assessment taken over a 3-year period.
       ``(b) State Report Card on the Quality of Teacher 
     Preparation.--
       ``(1) In general.--Each State that receives funds under 
     this Act shall provide to the Secretary, annually, in a 
     uniform and comprehensible manner that conforms with the 
     definitions and methods established by the Secretary, a State 
     report card on the quality of teacher preparation in the 
     State, both for traditional teacher preparation programs and 
     for alternative routes to State certification or licensure 
     programs, which shall include not less than the following:
       ``(A) A description of reliability and validity of the 
     teacher certification and licensure assessments, and any 
     other certification and licensure requirements, used by the 
     State.
       ``(B) The standards and criteria that prospective teachers 
     must meet in order to attain initial teacher certification or 
     licensure and to be certified or licensed to teach particular 
     academic subject areas or in particular grades within the 
     State.
       ``(C) A description of how the assessments and requirements 
     described in subparagraph (A) are aligned with the State's 
     challenging academic content standards required under section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965 and State early learning standards for early childhood 
     education programs.
       ``(D) For each of the assessments used by the State for 
     teacher certification or licensure--
       ``(i) for each institution of higher education located in 
     the State and each entity located in the State that offers an 
     alternative route for teacher certification or licensure, the 
     percentage of students at such institution or entity who have 
     completed 100 percent of the nonclinical coursework and taken 
     the assessment who pass such assessment;
       ``(ii) the percentage of all such students at all such 
     institutions taking the assessment who pass such assessment; 
     and
       ``(iii) the percentage of students taking an assessment who 
     completed the teacher preparation program after enrolling in 
     the program, which shall be made available widely and 
     publicly by the State.
       ``(E) A description of alternative routes to State 
     certification or licensure in the State (including any such 
     routes operated by entities that are not institutions of 
     higher education), if any, including, for each of the 
     assessments used by the State for teacher certification or 
     licensure--
       ``(i) the percentage of individuals participating in such 
     routes, or who have completed such routes during the 2-year 
     period preceding the date of the determination, who passed 
     each such assessment; and
       ``(ii) the average scaled score of individuals 
     participating in such routes, or who have completed such 
     routes during the period preceding the date of the 
     determination, who took each such assessment.
       ``(F) A description of the State's criteria for assessing 
     the performance of teacher preparation programs within 
     institutions of higher education in the State. Such criteria 
     shall include indicators of the academic content knowledge 
     and teaching skills of students enrolled in such programs.
       ``(G) For each teacher preparation program in the State, 
     the criteria for admission into the program, the number of 
     students in the program, disaggregated by race and gender 
     (except that such disaggregation shall not be required in a 
     case in which the number of students in a category is 
     insufficient to yield statistically reliable information or 
     the results would reveal personally identifiable information 
     about an individual student), the average number of hours of 
     supervised clinical experience required for those in the 
     program, and the number of full-time equivalent faculty, 
     adjunct faculty, and students in supervised clinical 
     experience.
       ``(H) For the State as a whole, and for each teacher 
     preparation program in the State, the number of teachers 
     prepared, in the aggregate and reported separately by--
       ``(i) area of certification or licensure;
       ``(ii) academic major; and
       ``(iii) subject area for which the teacher has been 
     prepared to teach.
       ``(I) Using the data generated under subparagraphs (G) and 
     (H), a description of the extent to which teacher preparation 
     programs are helping to address shortages of highly qualified 
     teachers, by area of certification or licensure, subject, and 
     specialty, in the State's public schools.
       ``(J) A description of the activities that prepare teachers 
     to effectively integrate technology into curricula and 
     instruction and effectively use technology to collect, 
     manage, and analyze data in order to improve teaching, 
     learning, and decisionmaking for the purpose of increasing 
     student academic achievement.
       ``(2) Prohibition against creating a national list.--The 
     Secretary shall not create a national list or ranking of 
     States, institutions, or schools using the scaled scores 
     provided under this subsection.
       ``(c) Report of the Secretary on the Quality of Teacher 
     Preparation.--
       ``(1) Report card.--The Secretary shall provide to 
     Congress, and publish and make widely available, a report 
     card on teacher qualifications and preparation in the United 
     States, including all the information reported in 
     subparagraphs (A) through (J) of subsection (b)(1). Such 
     report shall identify States for which eligible partnerships 
     received a grant under this part. Such report shall be so 
     provided, published, and made available annually.
       ``(2) Report to congress.--The Secretary shall prepare and 
     submit a report to Congress that contains the following:
       ``(A) A comparison of States' efforts to improve the 
     quality of the current and future teaching force.
       ``(B) A comparison of eligible partnerships' efforts to 
     improve the quality of the current and future teaching force.
       ``(C) The national mean and median scaled scores and pass 
     rate on any standardized test that is used in more than 1 
     State for teacher certification or licensure.
       ``(3) Special rule.--In the case of a teacher preparation 
     program with fewer than 10 scores reported on any single 
     initial teacher certification or licensure assessment during 
     an academic year, the Secretary shall collect and publish 
     information, and make publicly available, with respect to an 
     average pass rate and scaled score on each State 
     certification or licensure assessment taken over a 3-year 
     period.
       ``(d) Coordination.--The Secretary, to the extent 
     practicable, shall coordinate the information collected and 
     published under this part among States for individuals who 
     took State teacher certification or licensure assessments in 
     a State other than the State in which the individual received 
     the individual's most recent degree.

     ``SEC. 205A. TEACHER DEVELOPMENT.

       ``(a) Annual Goals.--As a condition of receiving assistance 
     under title IV, each institution of higher education that 
     conducts a traditional teacher preparation program or 
     alternative routes to State certification or licensure 
     program and that enrolls students receiving Federal 
     assistance under this Act shall set annual quantifiable goals 
     for--
       ``(1) increasing the number of prospective teachers trained 
     in teacher shortage areas designated by the Secretary, 
     including mathematics, science, special education, and 
     instruction of limited English proficient students; and
       ``(2) more closely linking the training provided by the 
     institution with the needs of schools and the instructional 
     decisions new teachers face in the classroom.
       ``(b) Assurance.--As a condition of receiving assistance 
     under title IV, each institution described in subsection (a) 
     shall provide an assurance to the Secretary that--
       ``(1) training provided to prospective teachers responds to 
     the identified needs of the local educational agencies or 
     States where the institution's graduates are likely to teach, 
     based on past hiring and recruitment trends;
       ``(2) prospective special education teachers receive 
     coursework in core academic subjects and receive training in 
     providing instruction in core academic subjects;
       ``(3) regular education teachers receive training in 
     providing instruction to diverse populations, including 
     children with disabilities, limited English proficient 
     students, and children from low-income families; and
       ``(4) prospective teachers receive training on how to 
     effectively teach in urban and rural schools.
       ``(c) Public Reporting.--As part of the annual report card 
     required under section 205(a)(1), an institution of higher 
     education described in subsection (a) shall publicly report 
     whether the goals established under such subsection have been 
     met.

     ``SEC. 206. STATE FUNCTIONS.

       ``(a) State Assessment.--In order to receive funds under 
     this Act, a State shall have in place a procedure to identify 
     and assist, through the provision of technical assistance, 
     low-performing programs of teacher preparation. Such State 
     shall provide the Secretary an annual list of such low-
     performing teacher preparation programs that includes an 
     identification of those programs at risk of being placed on 
     such list. Such levels of performance shall be determined 
     solely

[[Page 20487]]

     by the State and may include criteria based on information 
     collected pursuant to this part. Such assessment shall be 
     described in the report under section 205(b).
       ``(b) Termination of Eligibility.--Any program of teacher 
     preparation from which the State has withdrawn the State's 
     approval, or terminated the State's financial support, due to 
     the low performance of the program based upon the State 
     assessment described in subsection (a)--
       ``(1) shall be ineligible for any funding for professional 
     development activities awarded by the Department;
       ``(2) shall not be permitted to accept or enroll any 
     student that receives aid under title IV in the institution's 
     teacher preparation program; and
       ``(3) shall provide transitional support, including 
     remedial services if necessary, for students enrolled at the 
     institution at the time of termination of financial support 
     or withdrawal of approval.
       ``(c) Negotiated Rulemaking.--If the Secretary develops any 
     regulations implementing subsection (b)(2), the Secretary 
     shall submit such proposed regulations to a negotiated 
     rulemaking process, which shall include representatives of 
     States, institutions of higher education, and educational and 
     student organizations.
       ``(d) Application of the Requirements.--The requirements of 
     this section shall apply to both traditional teacher 
     preparation programs and alternative routes to State 
     certification and licensure programs.

     ``SEC. 207. GENERAL PROVISIONS.

       ``(a) Methods.--In complying with sections 205 and 206, the 
     Secretary shall ensure that States and institutions of higher 
     education use fair and equitable methods in reporting and 
     that the reporting methods do not allow identification of 
     individuals.
       ``(b) Special Rule.--For each State that does not use 
     content assessments as a means of ensuring that all teachers 
     teaching in core academic subjects within the State are 
     highly qualified, as required under section 1119 of the 
     Elementary and Secondary Education Act of 1965 and in 
     accordance with the State plan submitted or revised under 
     section 1111 of such Act, and that each person employed as a 
     special education teacher in the State who teaches elementary 
     school, middle school, or secondary school is highly 
     qualified by the deadline, as required under section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act,--
       ``(1) the Secretary shall, to the extent practicable, 
     collect data comparable to the data required under this part 
     from States, local educational agencies, institutions of 
     higher education, or other entities that administer such 
     assessments to teachers or prospective teachers; and
       ``(2) notwithstanding any other provision of this part, the 
     Secretary shall use such data to carry out requirements of 
     this part related to assessments, pass rates, and scaled 
     scores.
       ``(c) Release of Information to Teacher Preparation 
     Programs.--
       ``(1) In general.--For the purpose of improving teacher 
     preparation programs, a State educational agency that 
     receives funds under this Act, or that participates as a 
     member of a partnership, consortium, or other entity that 
     receives such funds, shall provide to a teacher preparation 
     program, upon the request of the teacher preparation program, 
     any and all pertinent education-related information that--
       ``(A) may enable the teacher preparation program to 
     evaluate the effectiveness of the program's graduates or the 
     program itself; and
       ``(B) is possessed, controlled, or accessible by the State 
     educational agency.
       ``(2) Content of information.--The information described in 
     paragraph (1)--
       ``(A) shall include an identification of specific 
     individuals who graduated from the teacher preparation 
     program to enable the teacher preparation program to evaluate 
     the information provided to the program from the State 
     educational agency with the program's own data about the 
     specific courses taken by, and field experiences of, the 
     individual graduates; and
       ``(B) may include--
       ``(i) kindergarten through grade 12 academic achievement 
     and demographic data, without revealing personally 
     identifiable information about an individual student, for 
     students who have been taught by graduates of the teacher 
     preparation program; and
       ``(ii) teacher effectiveness evaluations for teachers who 
     graduated from the teacher preparation program.

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2008 and 
     each of the 5 succeeding fiscal years.''.

     SEC. 202. GENERAL PROVISIONS.

       Title II (20 U.S.C. 1021 et seq.) is amended by adding at 
     the end the following:

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 231. LIMITATIONS.

       ``(a) Federal Control Prohibited.--Nothing in this title 
     shall be construed to permit, allow, encourage, or authorize 
     any Federal control over any aspect of any private, 
     religious, or home school, whether or not a home school is 
     treated as a private school or home school under State law. 
     This section shall not be construed to prohibit private, 
     religious, or home schools from participation in programs or 
     services under this title.
       ``(b) No Change in State Control Encouraged or Required.--
     Nothing in this title shall be construed to encourage or 
     require any change in a State's treatment of any private, 
     religious, or home school, whether or not a home school is 
     treated as a private school or home school under State law.
       ``(c) National System of Teacher Certification or Licensure 
     Prohibited.--Nothing in this title shall be construed to 
     permit, allow, encourage, or authorize the Secretary to 
     establish or support any national system of teacher 
     certification or licensure.''.

                      TITLE III--INSTITUTIONAL AID

     SEC. 301. PROGRAM PURPOSE.

       Section 311 (20 U.S.C. 1057) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``351'' and inserting 
     ``391''; and
       (B) in paragraph (3)(F), by inserting ``, including 
     services that will assist in the education of special 
     populations'' before the period; and
       (2) in subsection (c)--
       (A) in paragraph (6), by inserting ``, including 
     innovative, customized, remedial education and English 
     language instruction courses designed to help retain students 
     and move the students rapidly into core courses and through 
     program completion'' before the period;
       (B) by redesignating paragraphs (7) through (12) as 
     paragraphs (8) through (13), respectively;
       (C) by inserting after paragraph (6) the following:
       ``(7) Education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents.'';
       (D) in paragraph (12) (as redesignated by subparagraph 
     (B)), by striking ``distance learning academic instruction 
     capabilities'' and inserting ``distance education 
     technologies''; and
       (E) in the matter preceding subparagraph (A) of paragraph 
     (13) (as redesignated by subparagraph (B)), by striking 
     ``subsection (c)'' and inserting ``subsection (b) and section 
     391''.

     SEC. 302. DEFINITIONS; ELIGIBILITY.

       Section 312 (20 U.S.C. 1058) is amended--
       (1) in subsection (b)(1)(A), by striking ``subsection (c) 
     of this section'' and inserting ``subsection (d)''; and
       (2) in subsection (d)(2), by striking ``subdivision'' and 
     inserting ``paragraph''.

     SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 
                   UNIVERSITIES.

       Section 316 (20 U.S.C. 1059c) is amended--
       (1) by striking subsection (b)(3) and inserting the 
     following:
       ``(3) Tribal college or university.--The term `Tribal 
     College or University' means an institution that--
       ``(A) qualifies for funding under the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 1801 
     et seq.) or the Navajo Community College Assistance Act of 
     1978 (25 U.S.C. 640a note); or
       ``(B) is cited in section 532 of the Equity in Educational 
     Land-Grant Status Act of 1994 (7 U.S.C. 301 note).'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (B), by inserting before the semicolon 
     at the end the following: ``and the acquisition of real 
     property adjacent to the campus of the institution'';
       (B) by redesignating subparagraphs (G), (H), (I), (J), (K), 
     and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), 
     respectively;
       (C) by inserting after subparagraph (F) the following:
       ``(G) education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents;'';
       (D) in subparagraph (L) (as redesignated by subparagraph 
     (B)), by striking ``and'' after the semicolon;
       (E) by inserting after subparagraph (L) (as redesignated by 
     subparagraph (B)) the following:
       ``(M) developing or improving facilities for Internet use 
     or other distance education technologies; and''; and
       (F) in subparagraph (N) (as redesignated by subparagraph 
     (B)), by striking ``subparagraphs (A) through (K)'' and 
     inserting ``subparagraphs (A) through (M)''; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Application, Plan, and Allocation.--
       ``(1) Institutional eligibility.--To be eligible to receive 
     assistance under this section, a Tribal College or University 
     shall be an eligible institution under section 312(b).
       ``(2) Application.--
       ``(A) In general.--A Tribal College or University desiring 
     to receive assistance under this section shall submit an 
     application to the Secretary at such time, and in such 
     manner, as the Secretary may reasonably require.
       ``(B) Streamlined process.--The Secretary shall establish 
     application requirements in such a manner as to simplify and 
     streamline the process for applying for grants.
       ``(3) Allocations to institutions.--
       ``(A) Construction grants.--

[[Page 20488]]

       ``(i) In general.--Of the amount appropriated to carry out 
     this section for any fiscal year, the Secretary may reserve 
     30 percent for the purpose of awarding 1-year grants of not 
     less than $1,000,000 to address construction, maintenance, 
     and renovation needs at eligible institutions.
       ``(ii) Preference.--In providing grants under clause (i), 
     the Secretary shall give preference to eligible institutions 
     that have not yet received an award under this section.
       ``(B) Allotment of remaining funds.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary shall distribute the remaining funds appropriated 
     for any fiscal year to each eligible institution as follows:

       ``(I) 60 percent of the remaining appropriated funds shall 
     be distributed among the eligible Tribal Colleges and 
     Universities on a pro rata basis, based on the respective 
     Indian student counts (as defined in section 2(a) of the 
     Tribally Controlled College or University Assistance Act of 
     1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and 
     Universities; and
       ``(II) the remaining 40 percent shall be distributed in 
     equal shares to the eligible Tribal Colleges and 
     Universities.

       ``(ii) Minimum grant.--The amount distributed to a Tribal 
     College or University under clause (i) shall not be less than 
     $500,000.
       ``(4) Special rules.--
       ``(A) Concurrent funding.--For the purposes of this part, 
     no Tribal College or University that is eligible for and 
     receives funds under this section shall concurrently receive 
     funds under other provisions of this part or part B.
       ``(B) Exemption.--Section 313(d) shall not apply to 
     institutions that are eligible to receive funds under this 
     section.''.

     SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 
                   INSTITUTIONS.

       Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--
       (1) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(I) education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents.''.

     SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

       (a) Grant Program Authorized.--Part A of title III (20 
     U.S.C. 1057 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

       ``(a) Program Authorized.--The Secretary shall provide 
     grants and related assistance to Native American-serving, 
     nontribal institutions to enable such institutions to improve 
     and expand their capacity to serve Native Americans.
       ``(b) Definitions.--In this section:
       ``(1) Native american.--The term `Native American' means an 
     individual who is of a tribe, people, or culture that is 
     indigenous to the United States.
       ``(2) Native american-serving, nontribal institution.--The 
     term `Native American-serving, nontribal institution' means 
     an institution of higher education that, at the time of 
     application--
       ``(A) has an enrollment of undergraduate students that is 
     not less than 10 percent Native American students; and
       ``(B) is not a Tribal College or University (as defined in 
     section 316).
       ``(c) Authorized Activities.--
       ``(1) Types of activities authorized.--Grants awarded under 
     this section shall be used by Native American-serving, 
     nontribal institutions to assist such institutions to plan, 
     develop, undertake, and carry out activities to improve and 
     expand such institutions' capacity to serve Native Americans.
       ``(2) Examples of authorized activities.--Such programs may 
     include--
       ``(A) the purchase, rental, or lease of scientific or 
     laboratory equipment for educational purposes, including 
     instructional and research purposes;
       ``(B) renovation and improvement in classroom, library, 
     laboratory, and other instructional facilities;
       ``(C) support of faculty exchanges, and faculty development 
     and faculty fellowships to assist faculty in attaining 
     advanced degrees in the faculty's field of instruction;
       ``(D) curriculum development and academic instruction;
       ``(E) the purchase of library books, periodicals, 
     microfilm, and other educational materials;
       ``(F) funds and administrative management, and acquisition 
     of equipment for use in strengthening funds management;
       ``(G) the joint use of facilities such as laboratories and 
     libraries; and
       ``(H) academic tutoring and counseling programs and student 
     support services.
       ``(d) Application Process.--
       ``(1) Institutional eligibility.--A Native American-
     serving, nontribal institution desiring to receive assistance 
     under this section shall submit to the Secretary such 
     enrollment data as may be necessary to demonstrate that the 
     institution is a Native American-serving, nontribal 
     institution, along with such other information and data as 
     the Secretary may by regulation require.
       ``(2) Applications.--
       ``(A) Permission to submit applications.--Any institution 
     that is determined by the Secretary to be a Native American-
     serving, nontribal institution may submit an application for 
     assistance under this section to the Secretary.
       ``(B) Simplified and streamlined format.--The Secretary 
     shall, to the extent possible, prescribe a simplified and 
     streamlined format for applications under this section that 
     takes into account the limited number of institutions that 
     are eligible for assistance under this section.
       ``(C) Content.--An application submitted under subparagraph 
     (A) shall include--
       ``(i) a 5-year plan for improving the assistance provided 
     by the Native American-serving, nontribal institution to 
     Native Americans; and
       ``(ii) such other information and assurances as the 
     Secretary may require.
       ``(3) Special rules.--
       ``(A) Eligibility.--No Native American-serving, nontribal 
     institution that receives funds under this section shall 
     concurrently receive funds under other provisions of this 
     part or part B.
       ``(B) Exemption.--Section 313(d) shall not apply to 
     institutions that are eligible to receive funds under this 
     section.
       ``(C) Distribution.--In awarding grants under this section, 
     the Secretary shall, to the extent possible and consistent 
     with the competitive process under which such grants are 
     awarded, ensure maximum and equitable distribution among all 
     eligible institutions.''.
       (b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is 
     amended by adding at the end the following:
       ``(c) Minimum Grant Amount.--The minimum amount of a grant 
     under this title shall be $200,000.''.

     SEC. 306. PART B DEFINITIONS.

       Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting 
     ``, in consultation with the Commissioner for Education 
     Statistics'' before ``and the Commissioner''.

     SEC. 307. GRANTS TO INSTITUTIONS.

       Section 323(a) (20 U.S.C. 1062(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``360(a)(2)'' and inserting ``399(a)(2)'';
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (8) through (13), respectively; and
       (3) by inserting after paragraph (6) the following:
       ``(7) Education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents.''.

     SEC. 308. ALLOTMENTS TO INSTITUTIONS.

       Section 324 (20 U.S.C. 1063) is amended by adding at the 
     end the following:
       ``(h) Special Rule on Eligibility.--Notwithstanding any 
     other provision of this section, a part B institution shall 
     not receive an allotment under this section unless the part B 
     institution provides, on an annual basis, data indicating 
     that the part B institution--
       ``(1) enrolled Federal Pell Grant recipients in the 
     preceding academic year;
       ``(2) in the preceding academic year, has graduated 
     students from a program of academic study that is licensed or 
     accredited by a nationally recognized accrediting agency or 
     association recognized by the Secretary pursuant to part H of 
     title IV where appropriate; and
       ``(3) where appropriate, has graduated students who, within 
     the past 5 years, enrolled in graduate or professional 
     school.''.

     SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS.

       Section 326 (20 U.S.C. 1063b) is amended--
       (1) in subsection (c)--
       (A) in paragraph (2), by inserting ``, and for the 
     acquisition and development of real property that is adjacent 
     to the campus for such construction, maintenance, renovation, 
     or improvement'' after ``services'';
       (B) by redesignating paragraphs (5) through (7) as 
     paragraphs (7) through (9), respectively;
       (C) by inserting after paragraph (4) the following:
       ``(5) tutoring, counseling, and student service programs 
     designed to improve academic success;
       ``(6) education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents;'';
       (D) in paragraph (7) (as redesignated by subparagraph (B)), 
     by striking ``establish or improve'' and inserting 
     ``establishing or improving'';
       (E) in paragraph (8) (as redesignated by subparagraph 
     (B))--
       (i) by striking ``assist'' and inserting ``assisting''; and
       (ii) by striking ``and'' after the semicolon;
       (F) in paragraph (9) (as redesignated by subparagraph (B)), 
     by striking the period and inserting ``; and''; and
       (G) by adding at the end the following:
       ``(10) other activities proposed in the application 
     submitted under subsection (d) that--
       ``(A) contribute to carrying out the purposes of this part; 
     and
       ``(B) are approved by the Secretary as part of the review 
     and acceptance of such application.'';
       (2) in subsection (e)--
       (A) in paragraph (1)--

[[Page 20489]]

       (i) by inserting a colon after ``the following'';
       (ii) in subparagraph (Q), by striking ``and'' at the end;
       (iii) in subparagraph (R), by striking the period and 
     inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(S) Alabama State University qualified graduate program;
       ``(T) Coppin State University qualified graduate program;
       ``(U) Prairie View A & M University qualified graduate 
     program;
       ``(V) Fayetteville State University qualified graduate 
     program;
       ``(W) Delaware State University qualified graduate program;
       ``(X) Langston University qualified graduate program;
       ``(Y) West Virginia State University qualified graduate 
     program;
       ``(Z) Kentucky State University qualified graduate program; 
     and
       ``(AA) Grambling State University qualified graduate 
     program.'';
       (B) in paragraph (2)(A)--
       (i) by inserting ``in law or'' after ``instruction''; and
       (ii) by striking ``mathematics, or'' and inserting 
     ``mathematics, psychometrics, or'';
       (C) in paragraph (3)--
       (i) by striking ``1998'' and inserting ``2007''; and
       (ii) by striking ``(Q) and (R)'' and inserting ``(S), (T), 
     (U), (V), (W), (X), (Y), (Z), and (AA)'';
       (3) in subsection (f)--
       (A) in paragraph (1), by striking ``(P)'' and inserting 
     ``(R)'';
       (B) in paragraph (2), by striking ``(Q) and (R)'' and 
     inserting ``(S), (T), (U), (V), (W), (X), (Y), (Z), and 
     (AA)''; and
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(R)'' and inserting ``(AA)'';
       (ii) by striking subparagraphs (A) and (B) and inserting 
     the following:
       ``(A) The amount of non-Federal funds for the fiscal year 
     for which the determination is made that the institution or 
     program listed in subsection (e)--
       ``(i) allocates from institutional resources;
       ``(ii) secures from non-Federal sources, including amounts 
     appropriated by the State and amounts from the private 
     sector; and
       ``(iii) will utilize to match Federal funds awarded for the 
     fiscal year for which the determination is made under this 
     section to the institution or program.
       ``(B) The number of students enrolled in the qualified 
     graduate programs of the eligible institution or program, for 
     which the institution or program received and allocated 
     funding under this section in the preceding year.'';
       (iii) in subparagraph (C), by striking ``(or the 
     equivalent) enrolled in the eligible professional or graduate 
     school'' and all that follows through the period and 
     inserting ``enrolled in the qualified programs or 
     institutions listed in paragraph (1).'';
       (iv) in subparagraph (D)--

       (I) by striking ``students'' and inserting ``Black American 
     students or minority students''; and
       (II) by striking ``institution'' and inserting 
     ``institution or program''; and

       (v) by striking subparagraph (E) and inserting the 
     following:
       ``(E) The percentage that the total number of Black 
     American students and minority students who receive their 
     first professional, master's, or doctoral degrees from the 
     institution or program in the academic year preceding the 
     academic year for which the determination is made, represents 
     of the total number of Black American students and minority 
     students in the United States who receive their first 
     professional, master's, or doctoral degrees in the 
     professions or disciplines related to the course of study at 
     such institution or program, respectively, in the preceding 
     academic year.''; and
       (4) in subsection (g), by striking ``1998'' and inserting 
     ``2007''.

     SEC. 310. AUTHORITY OF THE SECRETARY.

       Section 345 (20 U.S.C. 1066d) is amended--
       (1) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) not later than 90 days after the date of enactment of 
     the Higher Education Amendments of 2007, shall submit to the 
     authorizing committees a report on the progress of the 
     Department in implementing the recommendations made by the 
     Government Accountability Office in October 2006 for 
     improving the Historically Black College and Universities 
     Capital Financing Program.''.

     SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (a) of section 399 (20 U.S.C. 1068h) is amended 
     to read as follows:
       ``(a) Authorizations.--
       ``(1) Part a.--(A) There are authorized to be appropriated 
     to carry out part A (other than sections 316, 317, and 318) 
     such sums as may be necessary for fiscal year 2008 and each 
     of the 5 succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out 
     section 316 such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(C) There are authorized to be appropriated to carry out 
     section 317 such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(D) There are authorized to be appropriated to carry out 
     section 318 such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(2) Part b.--(A) There are authorized to be appropriated 
     to carry out part B (other than section 326) such sums as may 
     be necessary for fiscal year 2008 and each of the 5 
     succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out 
     section 326 such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(3) Part c.--There are authorized to be appropriated to 
     carry out part C such sums as may be necessary for fiscal 
     year 2008 and each of the 5 succeeding fiscal years.
       ``(4) Part d.--(A) There are authorized to be appropriated 
     to carry out part D (other than section 345(7), but including 
     section 347) such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out 
     section 345(7) such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.
       ``(5) Part e.--There are authorized to be appropriated to 
     carry out part E such sums as may be necessary for fiscal 
     year 2008 and each of the 5 succeeding fiscal years.''.

     SEC. 312. TECHNICAL CORRECTIONS.

       Title III (20 U.S.C. 1051 et seq.) is further amended--
       (1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by 
     striking ``,,'' and inserting ``,'';
       (2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting 
     ``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
       (3) in the matter preceding clause (i) of section 365(9)(A) 
     (20 U.S.C. 1067k(9)(A)), by striking ``support'' and 
     inserting ``supports'';
       (4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by 
     striking ``subparagraph (E)'' and inserting ``subparagraph 
     (D)'';
       (5) in the matter preceding subparagraph (A) of section 
     392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible 
     institutions under part A institutions'' and inserting 
     ``eligible institutions under part A''; and
       (6) in the matter preceding paragraph (1) of section 396 
     (20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.

                      TITLE IV--STUDENT ASSISTANCE

  PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER 
                               EDUCATION

     SEC. 401. FEDERAL PELL GRANTS.

       (a) Amendments.--Section 401 (20 U.S.C. 1070a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``2004'' and 
     inserting ``2013''; and
       (ii) in the second sentence, by striking ``,,'' and 
     inserting ``,''; and
       (B) in paragraph (3), by striking ``this subpart'' and 
     inserting ``this section'';
       (2) in subsection (b)--
       (A) by striking paragraph (2)(A) and inserting the 
     following:
       ``(2)(A) The amount of the Federal Pell Grant for a student 
     eligible under this part shall be--
       ``(i) $5,400 for academic year 2008-2009;
       ``(ii) $5,700 for academic year 2009-2010;
       ``(iii) $6,000 for academic year 2010-2011; and
       ``(iv) $6,300 for academic year 2011-2012,

     less an amount equal to the amount determined to be the 
     expected family contribution with respect to that student for 
     that year.'';
       (B) by striking paragraph (3);
       (C) in paragraph (5), by striking ``$400, except'' and all 
     that follows through the period and inserting ``10 percent of 
     the maximum basic grant level specified in the appropriate 
     Appropriation Act for such academic year, except that a 
     student who is eligible for a Federal Pell Grant in an amount 
     that is equal to or greater than 5 percent of such level but 
     less than 10 percent of such level shall be awarded a Federal 
     Pell grant in the amount of 10 percent of such level.''; and
       (D) by striking paragraph (6) and inserting the following:
       ``(6) In the case of a student who is enrolled, on at least 
     a half-time basis and for a period of more than 1 academic 
     year in a single award year in a 2-year or 4-year program of 
     instruction for which an institution of higher education 
     awards an associate or baccalaureate degree, the Secretary 
     shall award such student not more than 2 Federal Pell Grants 
     during that award year to permit such student to accelerate 
     the student's progress toward a degree. In the case of a 
     student receiving more than 1 Federal Pell Grant in a single 
     award year, the total amount of Federal Pell Grants awarded 
     to such student for the award year may exceed the maximum 
     basic grant level specified in the appropriate appropriations 
     Act for such award year.''; and
       (3) in subsection (c), by adding at the end the following:
       ``(5) The period of time during which a student may receive 
     Federal Pell Grants shall not exceed 18 semesters, or an 
     equivalent period of time as determined by the Secretary 
     pursuant to regulations, which period shall--
       ``(A) be determined without regard to whether the student 
     is enrolled on a full-

[[Page 20490]]

     time basis during any portion of the period of time; and
       ``(B) include any period of time for which the student 
     received a Federal Pell Grant prior to July 1, 2008.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on July 1, 2008.

     SEC. 402. ACADEMIC COMPETITIVENESS GRANTS.

       Section 401A (20 U.S.C. 1070a-1) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Academic Competitiveness Grant Program Authorized.--
     The Secretary shall award grants, in the amounts specified in 
     subsection (d)(1), to eligible students to assist the 
     eligible students in paying their college education 
     expenses.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``academic''; and
       (B) in paragraph (2), by striking ``third or fourth 
     academic'' and inserting ``third, fourth, or fifth'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``full-time'' and all that follows through ``is made'' and 
     inserting ``student who'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) is eligible for a Federal Pell Grant for the award 
     year in which the determination of eligibility is made for a 
     grant under this section;'';
       (C) by striking paragraph (2) and inserting the following:
       ``(2) is enrolled or accepted for enrollment in an 
     institution of higher education on not less than a half-time 
     basis; and''; and
       (D) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) the first year of a program of undergraduate 
     education at a 2- or 4-year degree-granting institution of 
     higher education (including a program of not less than 1 year 
     for which the institution awards a certificate), has 
     successfully completed, after January 1, 2006, a rigorous 
     secondary school program of study established by a State or 
     local educational agency and recognized as such by the 
     Secretary;'';
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``academic'' and all that follows through ``higher 
     education'' and inserting ``year of a program of 
     undergraduate education at a 2- or 4-year degree-granting 
     institution of higher education (including a program of not 
     less than 2 years for which the institution awards a 
     certificate)''; and
       (II) in clause (ii)--

       (aa) by striking ``academic''; and
       (bb) by striking ``or'' after the semicolon at the end;
       (iii) in subparagraph (C)--

       (I) by striking ``academic'';
       (II) by striking ``four'' and inserting ``4'';
       (III) by striking clause (i)(II) and inserting the 
     following:
       ``(II) a critical foreign language; and''; and
       (IV) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and

       (iv) by adding at the end the following:
       ``(D) the third or fourth year of a program of 
     undergraduate education at an institution of higher education 
     (as defined in section 101(a)) that demonstrates, to the 
     satisfaction of the Secretary, that the institution--
       ``(i) offers a single liberal arts curriculum leading to a 
     baccalaureate degree, under which students are not permitted 
     by the institution to declare a major in a particular subject 
     area, and those students--

       ``(I) study, in such years, a subject described in 
     subparagraph (C)(i) that is at least equal to the 
     requirements for an academic major at an institution of 
     higher education that offers a baccalaureate degree in such 
     subject, as certified by an appropriate official from the 
     institution; or
       ``(II) are required, as part of their degree program, to 
     undertake a rigorous course of study in mathematics, biology, 
     chemistry, and physics, which consists of at least--

       ``(aa) 4 years of study in mathematics; and
       ``(bb) 3 years of study in the sciences, with a laboratory 
     component in each of those years; and
       ``(ii) offered such curriculum prior to February 8, 2006; 
     or
       ``(E) the fifth year of a program of undergraduate 
     education that requires 5 full years of coursework for which 
     a baccalaureate degree is awarded by a degree-granting 
     institution of higher education, as certified by the 
     appropriate official of such institution--
       ``(i) is pursuing a major in--

       ``(I) the physical, life, or computer sciences, 
     mathematics, technology, or engineering (as determined by the 
     Secretary pursuant to regulations); or
       ``(II) a critical foreign language; and

       ``(ii) has obtained a cumulative grade point average of at 
     least 3.0 (or the equivalent, as determined under regulations 
     prescribed by the Secretary) in the coursework required for 
     the major described in clause (i).'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``The'' and inserting ``In general.--The'';
       (II) in clause (ii), by striking ``or'' after the semicolon 
     at the end;
       (III) in clause (iii), by striking ``subsection 
     (c)(3)(C).'' and inserting ``subparagraph (C) or (D) of 
     subsection (c)(3), for each of the 2 years described in such 
     subparagraphs; or''; and
       (IV) by adding at the end the following:

       ``(iv) $4,000 for an eligible student under subsection 
     (c)(3)(E).''; and
       (ii) in subparagraph (B)--

       (I) by striking ``Notwithstanding'' and inserting 
     ``Limitation; ratable reduction.--Notwithstanding'';
       (II) by redesignating clauses (i), (ii), and (iii), as 
     clauses (ii), (iii), and (iv), respectively; and
       (III) by inserting before clause (ii), as redesignated 
     under subclause (II), the following:

       ``(i) in any case in which a student attends an institution 
     of higher education on less than a full-time basis, the 
     amount of the grant that such student may receive shall be 
     reduced in the same manner as a Federal Pell Grant is reduced 
     under section 401(b)(2)(B);'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Limitations.--
       ``(A) No grants for previous credit.--The Secretary may not 
     award a grant under this section to any student for any year 
     of a program of undergraduate education for which the student 
     received credit before the date of enactment of the Higher 
     Education Reconciliation Act of 2005.
       ``(B) Number of grants.--
       ``(i) First year.--In the case of a student described in 
     subsection (c)(3)(A), the Secretary may not award more than 1 
     grant to such student for such first year of study.
       ``(ii) Second year.--In the case of a student described in 
     subsection (c)(3)(B), the Secretary may not award more than 1 
     grant to such student for such second year of study.
       ``(iii) Third and fourth years.--In the case of a student 
     described in subparagraph (C) or (D) of subsection (c)(3), 
     the Secretary may not award more than 1 grant to such student 
     for each of the third and fourth years of study.
       ``(iv) Fifth year.--In the case of a student described in 
     subsection (c)(3)(E), the Secretary may not award more than 1 
     grant to such student for such fifth year of study.''; and
       (C) by adding at the end the following:
       ``(3) Calculation of grant payments.--An institution of 
     higher education shall make payments of a grant awarded under 
     this section in the same manner, using the same payment 
     periods, as such institution makes payments for Federal Pell 
     Grants under section 401.'';
       (5) by striking subsection (e)(2) and inserting the 
     following:
       ``(2) Availability of funds.--Funds made available under 
     paragraph (1) for a fiscal year shall remain available for 
     the succeeding fiscal year.'';
       (6) in subsection (f)--
       (A) by striking ``at least one'' and inserting ``not less 
     than 1''; and
       (B) by striking ``subsection (c)(3)(A) and (B)'' and 
     inserting ``subparagraphs (A) and (B) of subsection (c)(3)''; 
     and
       (7) in subsection (g), by striking ``academic'' and 
     inserting ``award''.

     SEC. 403. FEDERAL TRIO PROGRAMS.

       (a) Program Authority; Authorization of Appropriations.--
     Section 402A (20 U.S.C. 1070a-11) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``4'' and inserting ``5'';
       (ii) by striking subparagraph (A); and
       (iii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Minimum grants.--Unless the institution or agency 
     requests a smaller amount, an individual grant authorized 
     under this chapter shall be awarded in an amount that is not 
     less than $200,000, except that an individual grant 
     authorized under section 402G shall be awarded in an amount 
     that is not less than $170,000.'';
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``service delivery'' and 
     inserting ``high quality service delivery, as determined 
     under subsection (f),'';
       (B) in paragraph (3)(B), by striking ``is not required to'' 
     and inserting ``shall not''; and
       (C) in paragraph (5), by striking ``campuses'' and 
     inserting ``different campuses'';
       (3) in subsection (e), by striking ``(g)(2)'' each place 
     the term occurs and inserting ``(h)(4)'';
       (4) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (5) by inserting after subsection (e) the following:
       ``(f) Outcome Criteria.--
       ``(1) Use for prior experience determination.--The 
     Secretary shall use the outcome criteria described in 
     paragraphs (2) and (3) to evaluate the programs provided by a 
     recipient of a grant under this chapter, and the Secretary 
     shall determine an eligible entity's prior experience of high 
     quality service delivery, as required under subsection 
     (c)(2), based on the outcome criteria.

[[Page 20491]]

       ``(2) Disaggregation of relevant data.--The outcome 
     criteria under this subsection shall be disaggregated by low-
     income students, first generation college students, and 
     individuals with disabilities, in the schools and 
     institutions of higher education served by the program to be 
     evaluated.
       ``(3) Contents of outcome criteria.--The outcome criteria 
     under this subsection shall measure, annually and for longer 
     periods, the quality and effectiveness of programs authorized 
     under this chapter and shall include the following:
       ``(A) For programs authorized under section 402B, the 
     extent to which the eligible entity met or exceeded the 
     entity's objectives established in the entity's application 
     for such program regarding--
       ``(i) the delivery of service to a total number of students 
     served by the program;
       ``(ii) the continued secondary school enrollment of such 
     students;
       ``(iii) the graduation of such students from secondary 
     school;
       ``(iv) the enrollment of such students in an institution of 
     higher education; and
       ``(v) to the extent practicable, the postsecondary 
     education completion of such students.
       ``(B) For programs authorized under section 402C, the 
     extent to which the eligible entity met or exceeded the 
     entity's objectives for such program regarding--
       ``(i) the delivery of service to a total number of students 
     served by the program, as agreed upon by the entity and the 
     Secretary for the period;
       ``(ii) such students' school performance, as measured by 
     the grade point average, or its equivalent;
       ``(iii) such students' academic performance, as measured by 
     standardized tests, including tests required by the students' 
     State;
       ``(iv) the retention in, and graduation from, secondary 
     school of such students; and
       ``(v) the enrollment of such students in an institution of 
     higher education.
       ``(C) For programs authorized under section 402D--
       ``(i) the extent to which the eligible entity met or 
     exceeded the entity's objectives regarding the retention in 
     postsecondary education of the students served by the 
     program;
       ``(ii)(I) in the case of an entity that is an institution 
     of higher education offering a baccalaureate degree, the 
     extent to which the entity met or exceeded the entity's 
     objectives regarding such students' completion of the degree 
     programs in which such students were enrolled; or
       ``(II) in the case of an entity that is an institution of 
     higher education that does not offer a baccalaureate degree, 
     the extent to which the entity met or exceeded the entity's 
     objectives regarding--

       ``(aa) the completion of a degree or certificate by such 
     students; and
       ``(bb) the transfer of such students to institutions of 
     higher education that offer baccalaureate degrees;

       ``(iii) the extent to which the entity met or exceeded the 
     entity's objectives regarding the delivery of service to a 
     total number of students, as agreed upon by the entity and 
     the Secretary for the period; and
       ``(iv) the extent to which the entity met or exceeded the 
     entity's objectives regarding such students remaining in good 
     academic standing.
       ``(D) For programs authorized under section 402E, the 
     extent to which the entity met or exceeded the entity's 
     objectives for such program regarding--
       ``(i) the delivery of service to a total number of 
     students, as agreed upon by the entity and the Secretary for 
     the period;
       ``(ii) the provision of appropriate scholarly and research 
     activities for the students served by the program;
       ``(iii) the acceptance and enrollment of such students in 
     graduate programs; and
       ``(iv) the continued enrollment of such students in 
     graduate study and the attainment of doctoral degrees by 
     former program participants.
       ``(E) For programs authorized under section 402F, the 
     extent to which the entity met or exceeded the entity's 
     objectives for such program regarding--
       ``(i) the enrollment of students without a secondary school 
     diploma or its recognized equivalent, who were served by the 
     program, in programs leading to such diploma or equivalent;
       ``(ii) the enrollment of secondary school graduates who 
     were served by the program in programs of postsecondary 
     education;
       ``(iii) the delivery of service to a total number of 
     students, as agreed upon by the entity and the Secretary for 
     the period; and
       ``(iv) the provision of assistance to students served by 
     the program in completing financial aid applications and 
     college admission applications.
       ``(4) Measurement of progress.--In order to determine the 
     extent to which an outcome criterion described in paragraphs 
     (2) or (3) is met or exceeded, an eligible entity receiving 
     assistance under this chapter shall compare the eligible 
     entity's target for the criterion, as established in the 
     eligible entity's application, with the results for the 
     criterion, measured as of the last day of the applicable time 
     period for the determination.'';
       (6) in subsection (g) (as redesignated by paragraph (4))--
       (A) in the first sentence, by striking ``$700,000,000 for 
     fiscal year 1999'' and all that follows through the period 
     and inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''; and
       (B) by striking the fourth sentence; and
       (7) in subsection (h) (as redesignated by paragraph (4))--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (3) through (6), respectively;
       (B) by inserting before paragraph (3) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) Different campus.--The term `different campus' means 
     a site of an institution of higher education that--
       ``(A) is geographically apart from the main campus of the 
     institution;
       ``(B) is permanent in nature; and
       ``(C) offers courses in educational programs leading to a 
     degree, certificate, or other recognized educational 
     credential.
       ``(2) Different population.--The term `different 
     population' means a group of individuals, with respect to 
     whom an eligible entity desires to serve through an 
     application for a grant under this chapter, that--
       ``(A) is separate and distinct from any other population 
     that the entity has applied for a grant under this chapter to 
     serve; or
       ``(B) while sharing some of the same needs as another 
     population that the eligible entity has applied for a grant 
     under this chapter to serve, has distinct needs for 
     specialized services.'';
       (C) in paragraph (5) (as redesignated by subparagraph 
     (A))--
       (i) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) was a member of a reserve component of the Armed 
     Forces called to active duty for a period of more than 180 
     days.''; and
       (D) in paragraph (6), by striking ``subparagraph (A) or (B) 
     of paragraph (3)'' and inserting ``subparagraph (A), (B), or 
     (C) of paragraph (5)''.
       (b) Talent Search.--Section 402B (20 U.S.C. 1070a-12) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``to identify qualified 
     youths with potential for education at the postsecondary 
     level and to encourage such youths'' and inserting ``to 
     encourage eligible youths'';
       (B) in paragraph (2), by inserting ``, and facilitate the 
     application for,'' after ``the availability of''; and
       (C) in paragraph (3), by striking ``, but who have the 
     ability to complete such programs, to reenter'' and inserting 
     ``to enter or reenter, and complete'';
       (2) by redesignating subsection (c) as subsection (d);
       (3) by striking subsection (b) and inserting the following:
       ``(b) Required Services.--Any project assisted under this 
     section shall provide--
       ``(1) academic tutoring, or connections to high quality 
     academic tutoring services, to enable students to complete 
     secondary or postsecondary courses, which may include 
     instruction in reading, writing, study skills, mathematics, 
     science, and other subjects;
       ``(2) advice and assistance in secondary course selection 
     and, if applicable, initial postsecondary course selection;
       ``(3) assistance in preparing for college entrance 
     examinations and completing college admission applications;
       ``(4)(A) information on both the full range of Federal 
     student financial aid programs (including Federal Pell Grant 
     awards and loan forgiveness) and resources for locating 
     public and private scholarships; and
       ``(B) assistance in completing financial aid applications, 
     including the Free Application for Federal Student Aid 
     described in section 483(a);
       ``(5) guidance on and assistance in--
       ``(A) secondary school reentry;
       ``(B) alternative education programs for secondary school 
     dropouts that lead to the receipt of a regular secondary 
     school diploma;
       ``(C) entry into general educational development (GED) 
     programs; or
       ``(D) postsecondary education; and
       ``(6) education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents, including financial planning for 
     postsecondary education.
       ``(c) Permissible Services.--Any project assisted under 
     this section may provide services such as--
       ``(1) personal and career counseling or activities;
       ``(2) information and activities designed to acquaint 
     youths with the range of career options available to the 
     youths;
       ``(3) exposure to the campuses of institutions of higher 
     education, as well as cultural events, academic programs, and 
     other sites or activities not usually available to 
     disadvantaged youth;
       ``(4) workshops and counseling for families of students 
     served;
       ``(5) mentoring programs involving elementary or secondary 
     school teachers or counselors, faculty members at 
     institutions of

[[Page 20492]]

     higher education, students, or any combination of such 
     persons; and
       ``(6) programs and activities as described in subsection 
     (b) or paragraphs (1) through (5) of this subsection that are 
     specially designed for students who are limited English 
     proficient, students with disabilities, students who are 
     homeless children and youths (as such term is defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a)), or students who are in foster care or are 
     aging out of the foster care system.''; and
       (4) in the matter preceding paragraph (1) of subsection (d) 
     (as redesignated by paragraph (2)), by striking ``talent 
     search projects under this chapter'' and inserting ``projects 
     under this section''.
       (c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is 
     amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Required Services.--Any project assisted under this 
     section shall provide--
       ``(1) academic tutoring to enable students to complete 
     secondary or postsecondary courses, which may include 
     instruction in reading, writing, study skills, mathematics, 
     science, and other subjects;
       ``(2) advice and assistance in secondary and postsecondary 
     course selection;
       ``(3) assistance in preparing for college entrance 
     examinations and completing college admission applications;
       ``(4)(A) information on both the full range of Federal 
     student financial aid programs (including Federal Pell Grant 
     awards and loan forgiveness) and resources for locating 
     public and private scholarships; and
       ``(B) assistance in completing financial aid applications, 
     including the Free Application for Federal Student Aid 
     described in section 483(a);
       ``(5) guidance on and assistance in--
       ``(A) secondary school reentry;
       ``(B) alternative education programs for secondary school 
     dropouts that lead to the receipt of a regular secondary 
     school diploma;
       ``(C) entry into general educational development (GED) 
     programs; or
       ``(D) postsecondary education; and
       ``(6) education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents, including financial planning for 
     postsecondary education.'';
       (2) in subsection (c)--
       (A) in the subsection heading, by striking ``Required 
     Services'' and inserting ``Additional Required Services for 
     Multiple-Year Grant Recipients''; and
       (B) by striking ``upward bound project assisted under this 
     chapter'' and inserting ``project assisted under this 
     section'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively;
       (4) by inserting after subsection (c) the following:
       ``(d) Permissible Services.--Any project assisted under 
     this section may provide such services as--
       ``(1) exposure to cultural events, academic programs, and 
     other activities not usually available to disadvantaged 
     youth;
       ``(2) information, activities and instruction designed to 
     acquaint youths participating in the project with the range 
     of career options available to the youths;
       ``(3) on-campus residential programs;
       ``(4) mentoring programs involving elementary school or 
     secondary school teachers or counselors, faculty members at 
     institutions of higher education, students, or any 
     combination of such persons;
       ``(5) work-study positions where youth participating in the 
     project are exposed to careers requiring a postsecondary 
     degree;
       ``(6) special services to enable veterans to make the 
     transition to postsecondary education; and
       ``(7) programs and activities as described in subsection 
     (b), subsection (c), or paragraphs (1) through (6) of this 
     subsection that are specially designed for students who are 
     limited English proficient, students with disabilities, 
     students who are homeless children and youths (as such term 
     is defined in section 725 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11434a)), or students who are in 
     foster care or are aging out of the foster care system.
       ``(e) Priority.--In providing assistance under this section 
     the Secretary--
       ``(1) shall give priority to projects assisted under this 
     section that select not less than 30 percent of all first-
     time participants in the projects from students who have a 
     high academic risk for failure; and
       ``(2) shall not deny participation in a project assisted 
     under this section to a student because the student will 
     enter the project after the 9th grade.'';
       (5) in the matter preceding paragraph (1) of subsection (f) 
     (as redesignated by paragraph (3)), by striking ``upward 
     bound projects under this chapter'' and inserting ``projects 
     under this section''; and
       (6) in subsection (g) (as redesignated by paragraph (3))--
       (A) by striking ``during June, July, and August'' each 
     place the term occurs and inserting ``during the summer 
     school recess, for a period not to exceed 3 months''; and
       (B) by striking ``(b)(10)'' and inserting ``(d)(5)''.
       (7) by adding at the end the following:
       ``(h) Additional Funds.--
       ``(1) Authorization.--There are authorized to be 
     appropriated for the upward bound program under this chapter, 
     in addition to any amounts appropriated under section 
     402A(g), $57,000,000 for each of the fiscal years 2008 
     through 2011 for the Secretary to carry out paragraph (2), 
     except that any amounts that remain unexpended for such 
     purpose for each of such fiscal years may be available for 
     technical assistance and administration costs for the upward 
     bound program under this chapter.
       ``(2) Use of funds.--
       ``(A) In general.--The amounts made available by paragraph 
     (1) for a fiscal year shall be available to provide 
     assistance to applicants for an upward bound project under 
     this chapter for such fiscal year that--
       ``(i) did not apply for assistance, or applied but did not 
     receive assistance, under this section in fiscal year 2007; 
     and
       ``(ii) receive a grant score above 70 on the applicant's 
     application.
       ``(B) 4-year grants.--The assistance described in 
     subparagraph (A) shall be made available in the form of 4-
     year grants.''.
       (d) Student Support Services.--Section 402D (20 U.S.C. 
     1070a-14) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (B) by striking paragraph (3) and inserting the following:
       ``(3) to foster an institutional climate supportive of the 
     success of low-income and first generation college students, 
     students with disabilities, students who are limited English 
     proficient, students who are homeless children and youths (as 
     such term is defined in section 725 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11434a)), and students who 
     are in foster care or are aging out of the foster care 
     system.''; and
       (C) by adding at the end the following:
       ``(4) to improve the financial literacy and economic 
     literacy of students, including--
       ``(A) basic personal income, household money management, 
     and financial planning skills; and
       ``(B) basic economic decisionmaking skills.'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e);
       (3) by striking subsection (b) and inserting the following:
       ``(b) Required Services.--A project assisted under this 
     section shall provide--
       ``(1) academic tutoring to enable students to complete 
     postsecondary courses, which may include instruction in 
     reading, writing, study skills, mathematics, science, and 
     other subjects;
       ``(2) advice and assistance in postsecondary course 
     selection;
       ``(3)(A) information on both the full range of Federal 
     student financial aid programs (including Federal Pell Grant 
     awards and loan forgiveness) and resources for locating 
     public and private scholarships; and
       ``(B) assistance in completing financial aid applications, 
     including the Free Application for Federal Student Aid 
     described in section 483(a);
       ``(4) education or counseling services designed to improve 
     the financial literacy and economic literacy of students, 
     including financial planning for postsecondary education;
       ``(5) activities designed to assist students participating 
     in the project in securing college admission and financial 
     assistance for enrollment in graduate and professional 
     programs; and
       ``(6) activities designed to assist students enrolled in 2-
     year institutions of higher education in securing admission 
     and financial assistance for enrollment in a 4-year program 
     of postsecondary education.
       ``(c) Permissible Services.--A project assisted under this 
     section may provide services such as--
       ``(1) consistent, individualized personal, career, and 
     academic counseling, provided by assigned counselors;
       ``(2) information, activities, and instruction designed to 
     acquaint youths participating in the project with the range 
     of career options available to the students;
       ``(3) exposure to cultural events and academic programs not 
     usually available to disadvantaged students;
       ``(4) activities designed to acquaint students 
     participating in the project with the range of career options 
     available to the students;
       ``(5) mentoring programs involving faculty or upper class 
     students, or a combination thereof;
       ``(6) securing temporary housing during breaks in the 
     academic year for students who are homeless children and 
     youths (as such term is defined in section 725 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or 
     were formerly homeless children and youths and students who 
     are in foster care or are aging out of the foster care 
     system; and
       ``(7) programs and activities as described in subsection 
     (b) or paragraphs (1) through (5) of this subsection that are 
     specially designed for students who are limited English 
     proficient, students with disabilities, students who are 
     homeless children and youths (as such term is defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act

[[Page 20493]]

     (42 U.S.C. 11434a)) or were formerly homeless children and 
     youths, or students who are in foster care or are aging out 
     of the foster care system.'';
       (4) in subsection (d)(1) (as redesignated by paragraph 
     (2)), by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (5) in the matter preceding paragraph (1) of subsection (e) 
     (as redesignated by paragraph (2)), by striking ``student 
     support services projects under this chapter'' and inserting 
     ``projects under this section''.
       (e) Postbaccalaureate Achievement Program Authority.--
     Section 402E (20 U.S.C. 1070a-15) is amended--
       (1) in subsection (b)--
       (A) in the subsection heading, by inserting ``Required'' 
     before ``Services'';
       (B) in the matter preceding paragraph (1), by striking ``A 
     postbaccalaureate achievement project assisted under this 
     section may provide services such as--'' and inserting ``A 
     project assisted under this section shall provide--'';
       (C) in paragraph (5), by inserting ``and'' after the 
     semicolon;
       (D) in paragraph (6), by striking the semicolon and 
     inserting a period; and
       (E) by striking paragraphs (7) and (8);
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c) Permissible Services.--A project assisted under this 
     section may provide services such as--
       ``(1) education or counseling services designed to improve 
     the financial literacy and economic literacy of students, 
     including financial planning for postsecondary education;
       ``(2) mentoring programs involving faculty members at 
     institutions of higher education, students, or any 
     combination of such persons; and
       ``(3) exposure to cultural events and academic programs not 
     usually available to disadvantaged students.'';
       (4) in the matter preceding paragraph (1) of subsection (d) 
     (as redesignated by paragraph (2)), by striking 
     ``postbaccalaureate achievement'';
       (5) in the matter preceding paragraph (1) of subsection (f) 
     (as redesignated by paragraph (2)), by striking 
     ``postbaccalaureate achievement project'' and inserting 
     ``project under this section''; and
       (6) in subsection (g) (as redesignated by paragraph (2))--
       (A) by striking ``402A(f)'' and inserting ``402A(g)''; and
       (B) by striking ``1993 through 1997'' and inserting ``2007 
     through 2012''.
       (f) Educational Opportunity Centers.--Section 402F (20 
     U.S.C. 1070a-16) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) to improve the financial literacy and economic 
     literacy of students, including--
       ``(A) basic personal income, household money management, 
     and financial planning skills; and
       ``(B) basic economic decisionmaking skills.''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (5) through (10) as 
     paragraphs (6) through (11), respectively;
       (B) by inserting after paragraph (4) the following:
       ``(5) education or counseling services designed to improve 
     the financial literacy and economic literacy of students;'';
       (C) by striking paragraph (7) (as redesignated by 
     subparagraph (A)) and inserting the following:
       ``(7) individualized personal, career, and academic 
     counseling;''; and
       (D) by striking paragraph (11) (as redesignated by 
     subparagraph (A)) and inserting the following:
       ``(11) programs and activities as described in paragraphs 
     (1) through (10) that are specially designed for students who 
     are limited English proficient, students with disabilities, 
     or students who are homeless children and youths (as such 
     term is defined in section 725 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11434a)), or programs and 
     activities for students who are in foster care or are aging 
     out of the foster care system.''.
       (g) Staff Development Activities.--Section 402G(b)(3) (20 
     U.S.C. 1070a-17(b)(3)) is amended by inserting ``, including 
     strategies for recruiting and serving students who are 
     homeless children and youths (as such term is defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a)) and students who are in foster care or are 
     aging out of the foster care system'' before the period at 
     the end.
       (h) Reports, Evaluations, and Grants for Project 
     Improvement and Dissemination.--Section 402H (20 U.S.C. 
     1070a-18) is amended--
       (1) by striking the section heading and inserting 
     ``REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT 
     AND DISSEMINATION.'';
       (2) by redesignating subsections (a) through (c) as 
     subsections (b) through (d), respectively;
       (3) by inserting before subsection (b) (as redesignated by 
     paragraph (2)) the following:
       ``(a) Reports to the Authorizing Committees.--The Secretary 
     shall submit annually, to the authorizing committees, a 
     report that documents the performance of all programs funded 
     under this chapter. The report shall--
       ``(1) be submitted not later than 24 months after the 
     eligible entities receiving funds under this chapter are 
     required to report their performance to the Secretary;
       ``(2) focus on the programs' performance on the relevant 
     outcome criteria determined under section 402A(f)(4);
       ``(3) aggregate individual project performance data on the 
     outcome criteria in order to provide national performance 
     data for each program;
       ``(4) include, when appropriate, descriptive data, multi-
     year data, and multi-cohort data; and
       ``(5) include comparable data on the performance nationally 
     of low-income students, first-generation students, and 
     students with disabilities.''; and
       (4) in subsection (b) (as redesignated by paragraph (2)), 
     by striking paragraph (2) and inserting the following:
       ``(2) Practices.--
       ``(A) In general.--The evaluations described in paragraph 
     (1) shall identify institutional, community, and program or 
     project practices that are particularly effective in--
       ``(i) enhancing the access of low-income individuals and 
     first-generation college students to postsecondary education;
       ``(ii) the preparation of the individuals and students for 
     postsecondary education; and
       ``(iii) fostering the success of the individuals and 
     students in postsecondary education.
       ``(B) Primary purpose.--Any evaluation conducted under this 
     chapter shall have as its primary purpose the identification 
     of particular practices that further the achievement of the 
     outcome criteria determined under section 402A(f)(4).
       ``(C) Dissemination and use of evaluation findings.--The 
     Secretary shall disseminate to eligible entities and make 
     available to the public the practices identified under 
     subparagraph (B). The practices may be used by eligible 
     entities that receive assistance under this chapter after the 
     dissemination.
       ``(3) Recruitment.--The Secretary shall not require an 
     eligible entity desiring to receive assistance under this 
     chapter to recruit students to serve as a control group for 
     purposes of evaluating any program or project assisted under 
     this chapter.''.
       (i) Additional Amendment to Postbaccalaureate Achievement 
     Program.--Section 402E(d)(2) (as redesignated by subsection 
     (e)(2)) (20 U.S.C. 1070a-15(d)(2)) is further amended by 
     inserting ``, including Native Hawaiians, as defined in 
     section 7207 of the Elementary and Secondary Education Act of 
     1965, and Pacific Islanders'' after ``graduate education''.

     SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR 
                   UNDERGRADUATE PROGRAMS.

       (a) Early Intervention and College Awareness Program 
     Authorized.--Section 404A (20 U.S.C. 1070a-21) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Program Authorized.--The Secretary is authorized, in 
     accordance with the requirements of this chapter, to 
     establish a program that encourages eligible entities to 
     provide support to eligible low-income students to assist the 
     students in obtaining a secondary school diploma (or its 
     recognized equivalent) and to prepare for and succeed in 
     postsecondary education, by providing--
       ``(1) financial assistance, academic support, additional 
     counseling, mentoring, outreach, and supportive services to 
     middle school and secondary school students to reduce--
       ``(A) the risk of such students dropping out of school; or
       ``(B) the need for remedial education for such students at 
     the postsecondary level; and
       ``(2) information to students and their parents about the 
     advantages of obtaining a postsecondary education and the 
     college financing options for the students and their 
     parents.'';
       (2) by striking subsection (b)(2)(A) and inserting the 
     following:
       ``(A) give priority to eligible entities that have a prior, 
     demonstrated commitment to early intervention leading to 
     college access through collaboration and replication of 
     successful strategies;''; and
       (3) in subsection (b), by adding at the end the following:
       ``(3) Carry over.--An eligible entity that receives a grant 
     under this chapter may carry over any unspent grant funds 
     from the final year of the grant period into the following 
     year.'';
       (4) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) a partnership--
       ``(A) consisting of--
       ``(i) 1 or more local educational agencies; and
       ``(ii) 1 or more degree granting institutions of higher 
     education; and

[[Page 20494]]

       ``(B) which may include not less than 2 other community 
     organizations or entities, such as businesses, professional 
     organizations, State agencies, institutions or agencies 
     sponsoring programs authorized under subpart 4, or other 
     public or private agencies or organizations.''.
       (b) Requirements.--Section 404B (20 U.S.C. 1070a-22) is 
     amended--
       (1) by striking subsection (a) and inserting the following: 
     --
       ``(a) Funding Rules.--
       ``(1) Distribution.--In awarding grants from the amount 
     appropriated under section 404G for a fiscal year, the 
     Secretary shall take into consideration--
       ``(A) the geographic distribution of such awards; and
       ``(B) the distribution of such awards between urban and 
     rural applicants.
       ``(2) Special rule.--The Secretary shall annually 
     reevaluate the distribution of funds described in paragraph 
     (1) based on number, quality, and promise of the 
     applications.'';
       (2) by striking subsections (b), (e), and (f);
       (3) by redesignating subsections (c), (d), and (g) as 
     subsections (b), (c), and (d), respectively; and
       (4) by adding at the end the following:
       ``(e) Supplement, Not Supplant.--Grant funds awarded under 
     this chapter shall be used to supplement, and not supplant, 
     other Federal, State, and local funds that would otherwise be 
     expended to carry out activities assisted under this 
     chapter.''.
       (c) Application.--Section 404C (20 U.S.C. 1070a-23) is 
     amended--
       (1) in the section heading, by striking ``ELIGIBLE ENTITY 
     PLANS'' and inserting ``APPLICATIONS'';
       (2) in subsection (a)--
       (A) in the subsection heading, by striking ``Plan'' and 
     inserting ``Application'';
       (B) in paragraph (1)--
       (i) by striking ``a plan'' and inserting ``an 
     application''; and
       (ii) by striking the second sentence; and
       (C) by striking paragraph (2) and inserting the following:
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall be in such form, contain or be 
     accompanied by such information or assurances, and be 
     submitted at such time as the Secretary may require. Each 
     such application shall, at a minimum--
       ``(A) describe the activities for which assistance under 
     this chapter is sought, including how the eligible entity 
     will carry out the required activities described in section 
     404D(a);
       ``(B) describe how the eligible agency will meet the 
     requirements of section 404E;
       ``(C) provide assurances that adequate administrative and 
     support staff will be responsible for coordinating the 
     activities described in section 404D;
       ``(D) ensure that activities assisted under this chapter 
     will not displace an employee or eliminate a position at a 
     school assisted under this chapter, including a partial 
     displacement such as a reduction in hours, wages or 
     employment benefits;
       ``(E) describe, in the case of an eligible entity described 
     in section 404A(c)(2), how the eligible entity will define 
     the cohorts of the students served by the eligible entity 
     pursuant to section 404B(d), and how the eligible entity will 
     serve the cohorts through grade 12, including--
       ``(i) how vacancies in the program under this chapter will 
     be filled; and
       ``(ii) how the eligible entity will serve students 
     attending different secondary schools;
       ``(F) describe how the eligible entity will coordinate 
     programs with other existing Federal, State, or local 
     programs to avoid duplication and maximize the number of 
     students served;
       ``(G) provide such additional assurances as the Secretary 
     determines necessary to ensure compliance with the 
     requirements of this chapter; and
       ``(H) provide information about the activities that will be 
     carried out by the eligible entity to support systemic 
     changes from which future cohorts of students will 
     benefit.'';
       (3) in the matter preceding subparagraph (A) of subsection 
     (b)(1)--
       (A) by striking ``a plan'' and inserting ``an 
     application''; and
       (B) by striking ``such plan'' and inserting ``such 
     application''; and
       (4) in subsection (c)(1), by striking ``paid to students 
     from State, local, institutional, or private funds under this 
     chapter'' and inserting ``obligated to students from State, 
     local, institutional, or private funds under this chapter, 
     including pre-existing non-Federal financial assistance 
     programs,'';
       (5) in subsection (c)(1), by striking the semicolon at the 
     end and inserting ``including--
       ``(A) the amount contributed to a student scholarship fund 
     established under section 404E; and
       ``(B) the amount of the costs of administering the 
     scholarship program under section 404E;''.
       (6) in subsection (c)--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) other resources recognized by the Secretary, 
     including equipment and supplies, cash contributions from 
     non-Federal sources, transportation expenses, in-kind or 
     discounted program services, indirect costs, and facility 
     usage.''.
       (d) Activities.--Section 404D (20 U.S.C. 1070a-24) is 
     amended to read as follows:

     ``SEC. 404D. ACTIVITIES.

       ``(a) Required Activities.--Each eligible entity receiving 
     a grant under this chapter shall carry out the following:
       ``(1) Provide information regarding financial aid for 
     postsecondary education to participating students in the 
     cohort described in subsection 404B(d)(1)(A).
       ``(2) Encourage student enrollment in rigorous and 
     challenging curricula and coursework, in order to reduce the 
     need for remedial coursework at the postsecondary level.
       ``(3) Support activities designed to improve the number of 
     participating students who--
       ``(A) obtain a secondary school diploma; and
       ``(B) complete applications for and enroll in a program of 
     postsecondary education.
       ``(4) In the case of an eligible entity described in 
     section 404A(c)(1), provide for the scholarships described in 
     section 404E.
       ``(b) Optional Activities for States and Partnerships.--An 
     eligible entity that receives a grant under this chapter may 
     use grant funds to carry out 1 or more of the following 
     activities:
       ``(1) Providing tutoring and supporting mentors, including 
     adults or former participants of a program under this 
     chapter, for eligible students.
       ``(2) Conducting outreach activities to recruit priority 
     students described in subsection (d) to participate in 
     program activities.
       ``(3) Providing supportive services to eligible students.
       ``(4) Supporting the development or implementation of 
     rigorous academic curricula, which may include college 
     preparatory, Advanced Placement, or International 
     Baccalaureate programs, and providing participating students 
     access to rigorous core courses that reflect challenging 
     State academic standards.
       ``(5) Supporting dual or concurrent enrollment programs 
     between the secondary school and institution of higher 
     education partners of an eligible entity described in section 
     404A(c)(2), and other activities that support participating 
     students in--
       ``(A) meeting challenging academic standards;
       ``(B) successfully applying for postsecondary education;
       ``(C) successfully applying for student financial aid; and
       ``(D) developing graduation and career plans.
       ``(6) Providing support for scholarships described in 
     section 404E.
       ``(7) Introducing eligible students to institutions of 
     higher education, through trips and school-based sessions.
       ``(8) Providing an intensive extended school day, school 
     year, or summer program that offers--
       ``(A) additional academic classes; or
       ``(B) assistance with college admission applications.
       ``(9) Providing other activities designed to ensure 
     secondary school completion and postsecondary education 
     enrollment of at-risk children, such as--
       ``(A) the identification of at-risk children;
       ``(B) after-school and summer tutoring;
       ``(C) assistance to at-risk children in obtaining summer 
     jobs;
       ``(D) academic counseling;
       ``(E) volunteer and parent involvement;
       ``(F) encouraging former or current participants of a 
     program under this chapter to serve as peer counselors;
       ``(G) skills assessments;
       ``(H) personal counseling;
       ``(I) family counseling and home visits;
       ``(J) staff development; and
       ``(K) programs and activities described in this subsection 
     that are specially designed for students who are limited 
     English proficient.
       ``(10) Enabling eligible students to enroll in Advanced 
     Placement or International Baccalaureate courses, or college 
     entrance examination preparation courses.
       ``(11) Providing services to eligible students in the 
     participating cohort described in section 404B(d)(1)(A), 
     through the first year of attendance at an institution of 
     higher education.
       ``(12) Fostering and improving parent and family 
     involvement in elementary and secondary education by 
     promoting the advantages of a college education, and 
     emphasizing academic admission requirements and the need to 
     take college preparation courses, through parent engagement 
     and leadership activities.
       ``(13) Disseminating information that promotes the 
     importance of higher education, explains college preparation 
     and admissions requirements, and raises awareness of the 
     resources and services provided by the eligible entities to 
     eligible students, their families, and communities.
       ``(c) Additional Optional Activities for States.--In 
     addition to the required activities described in subsection 
     (a) and the optional activities described in subsection (b),

[[Page 20495]]

     an eligible entity described in section 404A(c)(1) receiving 
     funds under this chapter may use grant funds to carry out 1 
     or more of the following activities:
       ``(1) Providing technical assistance to--
       ``(A) middle schools or secondary schools that are located 
     within the State; or
       ``(B) partnerships described in section 404A(c)(2) that are 
     located within the State.
       ``(2) Providing professional development opportunities to 
     individuals working with eligible cohorts of students 
     described in section 404B(d)(1)(A).
       ``(3) Providing strategies and activities that align 
     efforts in the State to prepare eligible students for 
     attending and succeeding in postsecondary education, which 
     may include the development of graduation and career plans.
       ``(4) Disseminating information on the use of 
     scientifically based research and best practices to improve 
     services for eligible students.
       ``(5)(A) Disseminating information on effective coursework 
     and support services that assist students in obtaining the 
     goals described in subparagraph (B)(ii).
       ``(B) Identifying and disseminating information on best 
     practices with respect to--
       ``(i) increasing parental involvement; and
       ``(ii) preparing students, including students with 
     disabilities and students who are limited English proficient, 
     to succeed academically in, and prepare financially for, 
     postsecondary education.
       ``(6) Working to align State academic standards and 
     curricula with the expectations of postsecondary institutions 
     and employers.
       ``(7) Developing alternatives to traditional secondary 
     school that give students a head start on attaining a 
     recognized postsecondary credential (including an industry 
     certificate, an apprenticeship, or an associate's or a 
     bachelor's degree), including school designs that give 
     students early exposure to college-level courses and 
     experiences and allow students to earn transferable college 
     credits or an associate's degree at the same time as a 
     secondary school diploma.
       ``(8) Creating community college programs for drop-outs 
     that are personalized drop-out recovery programs that allow 
     drop-outs to complete a regular secondary school diploma and 
     begin college-level work.
       ``(d) Priority Students.--For eligible entities not using a 
     cohort approach, the eligible entity shall treat as priority 
     students any student in middle or secondary school who is 
     eligible--
       ``(1) to be counted under section 1124(c) of the Elementary 
     and Secondary Education Act of 1965;
       ``(2) for free or reduced price meals under the Richard B. 
     Russell National School Lunch Act;
       ``(3) for assistance under a State program funded under 
     part A or E of title IV of the Social Security Act (42 U.S.C. 
     601 et seq., 670 et seq.); or
       ``(4) for assistance under subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
     seq.).
       ``(e) Allowable Providers.--In the case of eligible 
     entities described in section 404A(c)(1), the activities 
     required by this section may be provided by service providers 
     such as community-based organizations, schools, institutions 
     of higher education, public and private agencies, nonprofit 
     and philanthropic organizations, businesses, institutions and 
     agencies sponsoring programs authorized under subpart 4, and 
     other organizations the State determines appropriate.''.
       (e) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
     25) is amended--
       (1) by striking subsections (e) and (f);
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (d), (f), and (g), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Limitation.--
       ``(1) In general.--Subject to paragraph (2), each eligible 
     entity described in section 404A(c)(1) that receives a grant 
     under this chapter shall use not less than 25 percent and not 
     more than 50 percent of the grant funds for activities 
     described in section 404D (except for the activity described 
     in subsection (a)(4) of such section), with the remainder of 
     such funds to be used for a scholarship program under this 
     section in accordance with such subsection.
       ``(2) Exception.--Notwithstanding paragraph (1), the 
     Secretary may allow an eligible entity to use more than 50 
     percent of grant funds received under this chapter for such 
     activities, if the eligible entity demonstrates that the 
     eligible entity has another means of providing the students 
     with the financial assistance described in this section and 
     describes such means in the application submitted under 
     section 404C.
       ``(c) Notification of Eligibility.--Each eligible entity 
     providing scholarships under this section shall provide 
     information on the eligibility requirements for the 
     scholarships to all participating students upon the students' 
     entry into the programs assisted under this chapter.'';
       (4) in subsection (d) (as redesignated by paragraph (2)), 
     by striking ``the lesser of'' and all that follows through 
     the period at the end of paragraph (2) and inserting ``the 
     minimum Federal Pell Grant award under section 401 for such 
     award year.'';
       (5) by inserting after subsection (d) (as redesignated by 
     paragraph (2) and amended by paragraph (4)) the following:
       ``(e) Portability of Assistance.--
       ``(1) In general.--Each eligible entity described in 
     section 404A(c)(1) that receives a grant under this chapter 
     shall create or organize a trust for each cohort described in 
     section 404B(d)(1)(A) for which the grant is sought in the 
     application submitted by the entity, which trust shall be an 
     amount that is not less than the minimum scholarship amount 
     described in subsection (d), multiplied by the number of 
     students participating in the cohort.
       ``(2) Requirement for portability.--Funds contributed to 
     the trust for a cohort shall be available to a student in the 
     cohort when the student has--
       ``(A) completed a secondary school diploma, its recognized 
     equivalent, or other recognized alternative standard for 
     individuals with disabilities; and
       ``(B) enrolled in an institution of higher education.
       ``(3) Qualified educational expenses.--Funds available to 
     an eligible student from a trust may be used for--
       ``(A) tuition, fees, books, supplies, and equipment 
     required for the enrollment or attendance of the eligible 
     student at an institution of higher education; and
       ``(B) in the case of an eligible student with special 
     needs, expenses for special needs services which are incurred 
     in connection with such enrollment or attendance.
       ``(4) Return of funds.--
       ``(A) Redistribution.--
       ``(i) In general.--Trust funds that are not used by an 
     eligible student within 6 years of the student's scheduled 
     completion of secondary school may be redistributed by the 
     eligible entity to other eligible students.
       ``(ii) Return of excess to the secretary.--If, after 
     meeting the requirements of paragraph (1) and, if applicable, 
     redistributing excess funds in accordance with clause (i), an 
     eligible entity has funds remaining, the eligible entity 
     shall return excess funds to the Secretary for distribution 
     to other grantees under this chapter.
       ``(B) Nonparticipating entity.--Notwithstanding 
     subparagraph (A), in the case of an eligible entity described 
     in section 404A(c)(1)(A) that does not receive assistance 
     under this subpart for 6 fiscal years, the eligible entity 
     shall return any trust funds not awarded or obligated to 
     eligible students to the Secretary for distribution to other 
     grantees under this chapter.''; and
       (6) in subsection (g) (as redesignated by paragraph (2))--
       (A) in paragraph (2), by striking ``1993'' and inserting 
     ``2001''; and
       (B) in paragraph (4), by striking ``early intervention 
     component required under section 404D'' and inserting 
     ``activities required under section 404D(a)''.
       (f) Repeal of 21st Century Scholar Certificates.--Chapter 2 
     of subpart 2 of part A of title IV (20 U.S.C. 1070a-21 et 
     seq.) is further amended--
       (1) by striking section 404F; and
       (2) by redesignating sections 404G and 404H as sections 
     404F and 404G, respectively.
       (g) Authorization of Appropriations.--Section 404G (as 
     redesignated by subsection (f)) (20 U.S.C. 1070a-28) is 
     amended by striking ``$200,000,000 for fiscal year 1999'' and 
     all that follows through the period and inserting ``such sums 
     as may be necessary for fiscal year 2008 and each of the 5 
     succeeding fiscal years.''.
       (h) Conforming Amendments.--Chapter 2 of subpart 2 of part 
     A of title IV (20 U.S.C. 1070a-21 et seq.) is further 
     amended--
       (1) in section 404A(b)(1), by striking ``404H'' and 
     inserting ``404G'';
       (2) in section 404B(a)(1), by striking ``404H'' and 
     inserting ``404G''; and
       (3) in section 404F(c) (as redesignated by subsection 
     (f)(2)), by striking ``404H'' and inserting ``404G''.

     SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.

       Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 
     1070a-31 et seq.) is repealed.

     SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 
                   GRANTS.

       (a) Appropriations Authorized.--Section 413A(b)(1) (20 
     U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000 for 
     fiscal year 1999'' and all that follows through the period 
     and inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''.
       (b) Allocation of Funds.--
       (1) Allocation of funds.--Section 413D (20 U.S.C. 1070b-3) 
     is amended--
       (A) by striking subsection (a)(4); and
       (B) in subsection (c)(3)(D), by striking ``$450'' and 
     inserting ``$600''.
       (2) Technical correction.--Section 413D(a)(1) (20 U.S.C. 
     1070b-3(a)(1)) is amended by striking ``such institution'' 
     and all that follows through the period and inserting ``such 
     institution received under subsections (a) and (b) of this 
     section for fiscal year 1999 (as such subsections were in 
     effect with respect to allocations for such fiscal year).''.

     SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP 
                   PROGRAM.

       (a) Appropriations Authorized.--Section 415A(b)(1) (20 
     U.S.C. 1070c(b)(1)) is amended to read as follows:

[[Page 20496]]

       ``(1) In general.--There are authorized to be appropriated 
     to carry out this subpart such sums as may be necessary for 
     fiscal year 2008 and each of the 5 succeeding fiscal 
     years.''.
       (b) Applications.--Section 415C(b) (20 U.S.C. 1070c-2(b)) 
     is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (2), by striking ``not in excess of $5,000 per academic 
     year'' and inserting ``not to exceed the lesser of $12,500 or 
     the student's cost of attendance per academic year''; and
       (2) by striking paragraph (10) and inserting the following:
       ``(10) provides notification to eligible students that such 
     grants are--
       ``(A) Leveraging Educational Assistance Partnership grants; 
     and
       ``(B) funded by the Federal Government, the State, and 
     other contributing partners.''.
       (c) Grants for Access and Persistence.--Section 415E (20 
     U.S.C. 1070c-3a) is amended to read as follows:

     ``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.

       ``(a) Purpose.--It is the purpose of this section to expand 
     college access and increase college persistence by making 
     allotments to States to enable the States to--
       ``(1) expand and enhance partnerships with institutions of 
     higher education, early information and intervention, 
     mentoring, or outreach programs, private corporations, 
     philanthropic organizations, and other interested parties in 
     order to--
       ``(A) carry out activities under this section; and
       ``(B) provide coordination and cohesion among Federal, 
     State, and local governmental and private efforts that 
     provide financial assistance to help low-income students 
     attend an institution of higher education;
       ``(2) provide need-based grants for access and persistence 
     to eligible low-income students;
       ``(3) provide early notification to low-income students of 
     the students' eligibility for financial aid; and
       ``(4) encourage increased participation in early 
     information and intervention, mentoring, or outreach 
     programs.
       ``(b) Allotments to States.--
       ``(1) In general.--
       ``(A) Authorization.--From sums reserved under section 
     415A(b)(2) for each fiscal year, the Secretary shall make an 
     allotment to each State that submits an application for an 
     allotment in accordance with subsection (c) to enable the 
     State to pay the Federal share, as described in paragraph 
     (2), of the cost of carrying out the activities under 
     subsection (d).
       ``(B) Determination of allotment.--In making allotments 
     under subparagraph (A), the Secretary shall consider the 
     following:
       ``(i) Continuation of award.--If a State continues to meet 
     the specifications established in such State's application 
     under subsection (c), the Secretary shall make an allotment 
     to such State that is not less than the allotment made to 
     such State for the previous fiscal year.
       ``(ii) Priority.--The Secretary shall give priority in 
     making allotments to States that meet the requirements 
     described in paragraph (2)(A)(ii).
       ``(2) Federal share.--
       ``(A) In general.--The Federal share under this section 
     shall be determined in accordance with the following:
       ``(i) If a State applies for an allotment under this 
     section in partnership with--

       ``(I) any number of degree granting institutions of higher 
     education in the State whose combined full-time enrollment 
     represents less than a majority of all students attending 
     institutions of higher education in the State; and
       ``(II)(aa) philanthropic organizations that are located in, 
     or that provide funding in, the State; or
       ``(bb) private corporations that are located in, or that do 
     business in, the State,

     then the Federal share of the cost of carrying out the 
     activities under subsection (d) shall be equal to 50 percent.
       ``(ii) If a State applies for an allotment under this 
     section in partnership with--

       ``(I) any number of degree granting institutions of higher 
     education in the State whose combined full-time enrollment 
     represents a majority of all students attending institutions 
     of higher education in the State; and
       ``(II)(aa) philanthropic organizations that are located in, 
     or that provide funding in, the State; or
       ``(bb) private corporations that are located in, or that do 
     business in, the State,

     then the Federal share of the cost of carrying out the 
     activities under subsection (d) shall be equal to 57 percent.
       ``(B) Non-federal share.--
       ``(i) In general.--The non-Federal share under this section 
     may be provided in cash or in kind, fully evaluated and in 
     accordance with this subparagraph.
       ``(ii) In kind contribution.--For the purpose of 
     calculating the non-Federal share under this section, an in 
     kind contribution is a non-cash award that has monetary 
     value, such as provision of room and board and transportation 
     passes, and that helps a student meet the cost of attendance.
       ``(iii) Effect on need analysis.--For the purpose of 
     calculating a student's need in accordance with part F of 
     this title, an in-kind contribution described in clause (ii) 
     shall not be considered an asset or income.
       ``(c) Application for Allotment.--
       ``(1) In general.--
       ``(A) Submission.--A State that desires to receive an 
     allotment under this section on behalf of a partnership 
     described in paragraph (3) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(B) Content.--An application submitted under subparagraph 
     (A) shall include the following:
       ``(i) A description of the State's plan for using the 
     allotted funds.
       ``(ii) Assurances that the State will provide the non-
     Federal share from State, institutional, philanthropic, or 
     private funds, of not less than the required share of the 
     cost of carrying out the activities under subsection (d), as 
     determined under subsection (b), in accordance with the 
     following:

       ``(I) The State shall specify the methods by which non-
     Federal share funds will be paid, and include provisions 
     designed to ensure that funds provided under this section 
     will be used to supplement, and not supplant, Federal and 
     non-Federal funds available for carrying out the activities 
     under this title.
       ``(II) A State that uses non-Federal funds to create or 
     expand existing partnerships with nonprofit organizations or 
     community-based organizations in which such organizations 
     match State funds for student scholarships, may apply such 
     matching funds from such organizations toward fulfilling the 
     State's non-Federal share obligation under this clause.

       ``(iii) Assurances that early information and intervention, 
     mentoring, or outreach programs exist within the State or 
     that there is a plan to make such programs widely available.
       ``(iv) A description of the organizational structure that 
     the State has in place to administer the activities under 
     subsection (d), including a description of the system the 
     State will use to track the participation of students who 
     receive grants under this section to degree completion.
       ``(v) Assurances that the State has a method in place, such 
     as acceptance of the automatic zero expected family 
     contribution determination described in section 479, to 
     identify eligible low-income students and award State grant 
     aid to such students.
       ``(vi) Assurances that the State will provide notification 
     to eligible low-income students that grants under this 
     section are--

       ``(I) Leveraging Educational Assistance Partnership Grants; 
     and
       ``(II) funded by the Federal Government, the State, and 
     other contributing partners.

       ``(2) State agency.--The State agency that submits an 
     application for a State under section 415C(a) shall be the 
     same State agency that submits an application under paragraph 
     (1) for such State.
       ``(3) Partnership.--In applying for an allotment under this 
     section, the State agency shall apply for the allotment in 
     partnership with--
       ``(A) not less than 1 public and 1 private degree granting 
     institution of higher education that are located in the 
     State, if applicable;
       ``(B) new or existing early information and intervention, 
     mentoring, or outreach programs located in the State; and
       ``(C) not less than 1--
       ``(i) philanthropic organization located in, or that 
     provides funding in, the State; or
       ``(ii) private corporation located in, or that does 
     business in, the State.
       ``(4) Roles of partners.--
       ``(A) State agency.--A State agency that is in a 
     partnership receiving an allotment under this section--
       ``(i) shall--

       ``(I) serve as the primary administrative unit for the 
     partnership;
       ``(II) provide or coordinate non-Federal share funds, and 
     coordinate activities among partners;
       ``(III) encourage each institution of higher education in 
     the State to participate in the partnership;
       ``(IV) make determinations and early notifications of 
     assistance as described under subsection (d)(2); and
       ``(V) annually report to the Secretary on the partnership's 
     progress in meeting the purpose of this section; and

       ``(ii) may provide early information and intervention, 
     mentoring, or outreach programs.
       ``(B) Degree granting institutions of higher education.--A 
     degree granting institution of higher education that is in a 
     partnership receiving an allotment under this section--
       ``(i) shall--

       ``(I) recruit and admit participating qualified students 
     and provide such additional institutional grant aid to 
     participating students as agreed to with the State agency;
       ``(II) provide support services to students who receive 
     grants for access and persistence under this section and are 
     enrolled at such institution; and
       ``(III) assist the State in the identification of eligible 
     students and the dissemination of early notifications of 
     assistance as agreed to with the State agency; and

[[Page 20497]]

       ``(ii) may provide funding for early information and 
     intervention, mentoring, or outreach programs or provide such 
     services directly.
       ``(C) Programs.--An early information and intervention, 
     mentoring, or outreach program that is in a partnership 
     receiving an allotment under this section shall provide 
     direct services, support, and information to participating 
     students.
       ``(D) Philanthropic organization or private corporation.--A 
     philanthropic organization or private corporation that is in 
     a partnership receiving an allotment under this section shall 
     provide funds for grants for access and persistence for 
     participating students, or provide funds or support for early 
     information and intervention, mentoring, or outreach 
     programs.
       ``(d) Authorized Activities.--
       ``(1) In general.--
       ``(A) Establishment of partnership.--Each State receiving 
     an allotment under this section shall use the funds to 
     establish a partnership to award grants for access and 
     persistence to eligible low-income students in order to 
     increase the amount of financial assistance such students 
     receive under this subpart for undergraduate education 
     expenses.
       ``(B) Amount of grants.--
       ``(i) Partnerships with institutions serving less than a 
     majority of students in the state.--

       ``(I) In general.--In the case where a State receiving an 
     allotment under this section is in a partnership described in 
     subsection (b)(2)(A)(i), the amount of a grant for access and 
     persistence awarded to a student by such State shall be not 
     less than the amount that is equal to the average 
     undergraduate tuition and mandatory fees at 4-year public 
     institutions of higher education in the State where the 
     student resides (less any amounts of other Federal or State 
     sponsored grants, work study, and scholarships received by 
     the student), and such grant for access and persistence shall 
     be used toward the cost of attendance at an institution of 
     higher education located in the State.
       ``(II) Cost of attendance.--A State that has a program, 
     apart from the partnership under this section, of providing 
     eligible low-income students with grants that are equal to 
     the average undergraduate tuition and mandatory fees at 4-
     year public institutions of higher education in the State, 
     may increase the amount of grants for access and persistence 
     awarded to students by such State up to an amount that is 
     equal to the average cost of attendance at 4-year public 
     institutions of higher education in the State (less any 
     amounts of other Federal or State sponsored grants, work 
     study, and scholarships received by the student).

       ``(ii) Partnerships with institutions serving the majority 
     of students in the state.--In the case where a State 
     receiving an allotment under this section is in a partnership 
     described in subsection (b)(2)(A)(ii), the amount of a grant 
     for access and persistence awarded to a student by such State 
     shall be not more than an amount that is equal to the average 
     cost of attendance at 4-year public institutions of higher 
     education in the State where the student resides (less any 
     amounts of other Federal or State sponsored grants, work 
     study, and scholarships received by the student), and such 
     grant for access and persistence shall be used by the student 
     to attend an institution of higher education located in the 
     State.
       ``(C) Special rules.--
       ``(i) Partnership institutions.--A State receiving an 
     allotment under this section may restrict the use of grants 
     for access and persistence under this section by awarding the 
     grants only to students attending institutions of higher 
     education that are participating in the partnership.
       ``(ii) Out-of-state institutions.--If a State provides 
     grants through another program under this subpart to students 
     attending institutions of higher education located in another 
     State, such agreement may also apply to grants awarded under 
     this section.
       ``(2) Early notification.--
       ``(A) In general.--Each State receiving an allotment under 
     this section shall annually notify low-income students, such 
     as students who are eligible to receive a free lunch under 
     the school lunch program established under the Richard B. 
     Russell National School Lunch Act, in grade 7 through grade 
     12 in the State, of the students' potential eligibility for 
     student financial assistance, including a grant for access 
     and persistence, to attend an institution of higher 
     education.
       ``(B) Content of notice.--The notification under 
     subparagraph (A)--
       ``(i) shall include--

       ``(I) information about early information and intervention, 
     mentoring, or outreach programs available to the student;
       ``(II) information that a student's eligibility for a grant 
     for access and persistence is enhanced through participation 
     in an early information and intervention, mentoring, or 
     outreach program;
       ``(III) an explanation that student and family eligibility 
     for, and participation in, other Federal means-tested 
     programs may indicate eligibility for a grant for access and 
     persistence and other student aid programs;
       ``(IV) a nonbinding estimate of the total amount of 
     financial aid that a low-income student with a similar income 
     level may expect to receive, including an estimate of the 
     amount of a grant for access and persistence and an estimate 
     of the amount of grants, loans, and all other available types 
     of aid from the major Federal and State financial aid 
     programs;
       ``(V) an explanation that in order to be eligible for a 
     grant for access and persistence, at a minimum, a student 
     shall--

       ``(aa) meet the requirement under paragraph (3);
       ``(bb) graduate from secondary school; and
       ``(cc) enroll at an institution of higher education that is 
     a partner in the partnership or qualifies under subsection 
     (d)(1)(C)(ii);

       ``(VI) information on any additional requirements (such as 
     a student pledge detailing student responsibilities) that the 
     State may impose for receipt of a grant for access and 
     persistence under this section; and
       ``(VII) instructions on how to apply for a grant for access 
     and persistence and an explanation that a student is required 
     to file a Free Application for Federal Student Aid authorized 
     under section 483(a) to be eligible for such grant and 
     assistance from other Federal and State financial aid 
     programs; and

       ``(ii) may include a disclaimer that grant awards for 
     access and persistence are contingent upon--

       ``(I) a determination of the student's financial 
     eligibility at the time of the student's enrollment at an 
     institution of higher education that is a partner in the 
     partnership or qualifies under subsection (d)(1)(C)(ii);
       ``(II) annual Federal and State appropriations; and
       ``(III) other aid received by the student at the time of 
     the student's enrollment at such institution of higher 
     education.

       ``(3) Eligibility.--In determining which students are 
     eligible to receive grants for access and persistence, the 
     State shall ensure that each such student meets not less than 
     1 of the following:
       ``(A) Meets not less than 2 of the following criteria, with 
     priority given to students meeting all of the following 
     criteria:
       ``(i) Has an expected family contribution equal to zero (as 
     described in section 479) or a comparable alternative based 
     upon the State's approved criteria in section 415C(b)(4).
       ``(ii) Has qualified for a free lunch, or at the State's 
     discretion a reduced price lunch, under the school lunch 
     program established under the Richard B. Russell National 
     School Lunch Act.
       ``(iii) Qualifies for the State's maximum undergraduate 
     award, as authorized under section 415C(b).
       ``(iv) Is participating in, or has participated in, a 
     Federal, State, institutional, or community early information 
     and intervention, mentoring, or outreach program, as 
     recognized by the State agency administering activities under 
     this section.
       ``(B) Is receiving, or has received, a grant for access and 
     persistence under this section, in accordance with paragraph 
     (5).
       ``(4) Grant award.--Once a student, including those 
     students who have received early notification under paragraph 
     (2) from the State, applies for admission to an institution 
     that is a partner in the partnership, files a Free 
     Application for Federal Student Aid and any related existing 
     State form, and is determined eligible by the State under 
     paragraph (3), the State shall--
       ``(A) issue the student a preliminary award certificate for 
     a grant for access and persistence with tentative award 
     amounts; and
       ``(B) inform the student that payment of the grant for 
     access and persistence award amounts is subject to 
     certification of enrollment and award eligibility by the 
     institution of higher education.
       ``(5) Duration of award.--An eligible student that receives 
     a grant for access and persistence under this section shall 
     receive such grant award for each year of such student's 
     undergraduate education in which the student remains eligible 
     for assistance under this title, including pursuant to 
     section 484(c), and remains financially eligible as 
     determined by the State, except that the State may impose 
     reasonable time limits to degree completion.
       ``(e) Use of Funds for Administrative Costs Prohibited.--A 
     State that receives an allotment under this section shall not 
     use any of the allotted funds to pay administrative costs 
     associated with any of the authorized activities described in 
     subsection (d).
       ``(f) Statutory and Regulatory Relief for Institutions of 
     Higher Education.--The Secretary may grant, upon the request 
     of an institution of higher education that is in a 
     partnership described in subsection (b)(2)(A)(ii) and that 
     receives an allotment under this section, a waiver for such 
     institution from statutory or regulatory requirements that 
     inhibit the ability of the institution to successfully and 
     efficiently participate in the activities of the partnership.
       ``(g) Applicability Rule.--The provisions of this subpart 
     which are not inconsistent with this section shall apply to 
     the program authorized by this section.
       ``(h) Maintenance of Effort Requirement.--Each State 
     receiving an allotment under this section for a fiscal year 
     shall provide the Secretary with an assurance that the 
     aggregate amount expended per student or the aggregate 
     expenditures by the State, from funds derived from non-
     Federal

[[Page 20498]]

     sources, for the authorized activities described in 
     subsection (d) for the preceding fiscal year were not less 
     than the amount expended per student or the aggregate 
     expenditure by the State for the activities for the second 
     preceding fiscal year.
       ``(i) Special Rule.--Notwithstanding subsection (h), for 
     purposes of determining a State's share of the cost of the 
     authorized activities described in subsection (d), the State 
     shall consider only those expenditures from non-Federal 
     sources that exceed the State's total expenditures for need-
     based grants, scholarships, and work-study assistance for 
     fiscal year 1999 (including any such assistance provided 
     under this subpart).
       ``(j) Continuation and Transition.--For the 2-year period 
     that begins on the date of enactment of the Higher Education 
     Amendments of 2007, the Secretary shall continue to award 
     grants under section 415E of the Higher Education Act of 1965 
     as such section existed on the day before the date of 
     enactment of such Act to States that choose to apply for 
     grants under such predecessor section.
       ``(k) Reports.--Not later than 3 years after the date of 
     enactment of the Higher Education Amendments of 2007 and 
     annually thereafter, the Secretary shall submit a report 
     describing the activities and the impact of the partnerships 
     under this section to the authorizing committees.''.

     SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE 
                   ENGAGED IN MIGRANT AND SEASONAL FARMWORK.

       Section 418A (20 U.S.C. 1070d-2) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(B)(i), by striking ``parents'' and 
     inserting ``immediate family'';
       (B) in paragraph (3)(B), by inserting ``(including 
     preparation for college entrance examinations)'' after 
     ``college program'';
       (C) in paragraph (5), by striking ``weekly'';
       (D) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (E) in paragraph (8)--
       (i) by inserting ``(such as transportation and child 
     care)'' after ``services''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (F) by adding at the end the following:
       ``(9) other activities to improve persistence and retention 
     in postsecondary education.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``parents'' and 
     inserting ``immediate family''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by inserting ``to 
     improve placement, persistence, and retention in 
     postsecondary education,'' after ``services''; and
       (II) in clause (i), by striking ``and career'' and 
     inserting ``career, and economic education or personal 
     finance'';

       (iii) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (iv) by redesignating subparagraph (F) as subparagraph (G);
       (v) by inserting after subparagraph (E) the following:
       ``(F) internships; and''; and
       (vi) in subparagraph (G) (as redesignated by clause (iv)), 
     by striking ``support services'' and inserting ``essential 
     supportive services (such as transportation and child care)'' 
     ; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``, and coordinating such services, assistance, 
     and aid with other non-program services, assistance, and aid, 
     including services, assistance, and aid provided by 
     community-based organizations, which may include mentoring 
     and guidance; and''; and
       (iii) by adding at the end the following:
       ``(C) for students attending 2-year institutions of higher 
     education, encouraging the students to transfer to 4-year 
     institutions of higher education, where appropriate, and 
     monitoring the rate of transfer of such students.'';
       (3) in subsection (e), by striking ``section 402A(c)(1)'' 
     and inserting ``section 402A(c)(2)'';
       (4) in subsection (f)--
       (A) in paragraph (1), by striking ``$150,000'' and 
     inserting ``$180,000''; and
       (B) in paragraph (2), by striking ``$150,000'' and 
     inserting ``$180,000'';
       (5) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively;
       (6) by inserting after subsection (f) the following:
       ``(g) Reservation of Funds.--From the amounts made 
     available under subsection (i), the Secretary may reserve not 
     more than a total of \1/2\ of 1 percent for outreach 
     activities, technical assistance, and professional 
     development programs relating to the programs under 
     subsection (a).'';
       (7) by striking subsection (h) (as redesignated by 
     paragraph (5)) and inserting the following:
       ``(h) Data Collection.--The Commissioner for Education 
     Statistics shall--
       ``(1) annually collect data on persons receiving services 
     authorized under this subpart regarding such persons' rates 
     of secondary school graduation, entrance into postsecondary 
     education, and completion of postsecondary education;
       ``(2) not less often than once every 2 years, prepare and 
     submit a report based on the most recently available data 
     under paragraph (1) to the authorizing committees; and
       ``(3) make such report available to the public.''; and
       (8) in subsection (i) (as redesignated by paragraph (5))--
       (A) in paragraph (1), by striking ``$15,000,000 for fiscal 
     year 1999'' and all that follows through the period and 
     inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''; and
       (B) in paragraph (2), by striking ``$5,000,000 for fiscal 
     year 1999'' and all that follows through the period and 
     inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''.

     SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.

       (a) Eligibility of Scholars.--Section 419F(a) (20 U.S.C. 
     1070d-36(a)) is amended by inserting ``(or a home school, 
     whether treated as a home school or a private school under 
     State law)'' after ``public or private secondary school''.
       (b) Authorization of Appropriations.--Section 419K (20 
     U.S.C. 1070d-41) is amended by striking ``$45,000,000 for 
     fiscal year 1999'' and all that follows through the period 
     and inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''.

     SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.

       (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C. 
     1070e(b)(2)(B)) is amended--
       (1) by striking ``A grant'' and inserting the following:
       ``(i) In general.--Except as provided in clause (ii), a 
     grant''; and
       (2) by adding at the end the following:
       ``(ii) Increase trigger.--For any fiscal year for which the 
     amount appropriated under the authority of subsection (g) is 
     equal to or greater than $20,000,000, a grant under this 
     section shall be awarded in an amount that is not less than 
     $30,000.''.
       (b) Definition of Low-Income Student.--Paragraph (7) of 
     section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as 
     follows:
       ``(7) Definition of low-income student.--For the purpose of 
     this section, the term `low-income student' means a student 
     who--
       ``(A) is eligible to receive a Federal Pell Grant for the 
     award year for which the determination is made; or
       ``(B) would otherwise be eligible to receive a Federal Pell 
     Grant for the award year for which the determination is made, 
     except that the student fails to meet the requirements of--
       ``(i) section 401(c)(1) because the student is enrolled in 
     a graduate or first professional course of study; or
       ``(ii) section 484(a)(5) because the student is in the 
     United States for a temporary purpose.''.
       (c) Authorization of Appropriations.--Section 419N(g) (20 
     U.S.C. 1070e(g)) is amended by striking ``$45,000,000 for 
     fiscal year 1999'' and all that follows through the period 
     and inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.''.

     SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.

       Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) 
     is repealed.

             PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM

     SEC. 421. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.

       Section 428 (as amended by this Act) (20 U.S.C. 1078) is 
     further amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (X), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (Y)--

       (I) by striking clause (i) and inserting the following:

       ``(i) the lender shall determine the eligibility of a 
     borrower for a deferment described in subparagraph (M)(i) 
     based on--

       ``(I) receipt of a request for deferment from the borrower 
     and documentation of the borrower's eligibility for the 
     deferment;
       ``(II) receipt of a newly completed loan application that 
     documents the borrower's eligibility for a deferment;
       ``(III) receipt of student status information received by 
     the lender that the borrower is enrolled on at least a half-
     time basis; or
       ``(IV) the lender's confirmation of the borrower's half-
     time enrollment status through use of the National Student 
     Loan Data System, if the confirmation is requested by the 
     institution of higher education.''; and
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(Z) provides that the lender shall, at the time the 
     lender grants a deferment to a borrower who received a loan 
     under section 428H and is eligible for a deferment under 
     section 428(b)(1)(M), provide information to the borrower to 
     enable the borrower to understand the impact of 
     capitalization of interest on the borrower's loan principal 
     and total amount of interest to be paid during the life of 
     the loan.'';
       (B) in paragraph (2)(F)--
       (i) in clause (i)--

       (I) in subclause (III), by striking ``and'' after the 
     semicolon;

[[Page 20499]]

       (II) in subclause (IV), by striking ``and'' after the 
     semicolon; and
       (III) by adding at the end the following:
       ``(V) the effective date of the transfer;
       ``(VI) the date the current servicer will stop accepting 
     payments; and
       ``(VII) the date at which the new servicer will begin 
     accepting payments.''; and

       (C) by striking paragraph (3) and inserting the following:
       ``(3) Restrictions on inducements, payments, mailings, and 
     advertising.--A guaranty agency shall not--
       ``(A) offer, directly or indirectly, premiums, payments, 
     stock or other securities, prizes, travel, entertainment 
     expenses, tuition repayment, or other inducements to--
       ``(i) any institution of higher education or the employees 
     of an institution of higher education in order to secure 
     applicants for loans made under this part; or
       ``(ii) any lender, or any agent, employee, or independent 
     contractor of any lender or guaranty agency, in order to 
     administer or market loans made under this part (other than a 
     loan made under section 428H or a loan made as part of the 
     guaranty agency's lender-of-last-resort program pursuant to 
     section 439(q)) for the purpose of securing the designation 
     of the guaranty agency as the insurer of such loans;
       ``(B) conduct unsolicited mailings, by postal or electronic 
     means, of educational loan application forms to students 
     enrolled in secondary school or postsecondary educational 
     institutions, or to the parents of such students, except that 
     applications may be mailed, by postal or electronic means, to 
     students or borrowers who have previously received loans 
     guaranteed under this part by the guaranty agency;
       ``(C) perform, for an institution of higher education 
     participating in a program under this title, any function 
     that the institution is required to perform under part B, D, 
     or G;
       ``(D) pay, on behalf of the institution of higher 
     education, another person to perform any function that the 
     institution of higher education is required to perform under 
     part B, D, or G; or
       ``(E) conduct fraudulent or misleading advertising 
     concerning loan availability, terms, or conditions.
     It shall not be a violation of this paragraph for a guaranty 
     agency to provide technical assistance to institutions of 
     higher education comparable to the technical assistance 
     provided to institutions of higher education by the 
     Department.''; and
       (2) in subsection (c)--
       (A) in paragraph (2)(H)(i), by striking ``preclaims'' and 
     inserting ``default aversion''; and
       (B) in paragraph (3)(D)--
       (i) in clause (i), by striking ``and'' after the comma at 
     the end;
       (ii) in clause (ii), by striking the period and inserting a 
     semicolon; and
       (iii) by inserting after clause (ii) the following:
       ``(iii) the lender shall, at the time of granting a 
     borrower forbearance, provide information to the borrower to 
     enable the borrower to understand the impact of 
     capitalization of interest on the borrower's loan principal 
     and total amount of interest to be paid during the life of 
     the loan; and
       ``(iv) the lender shall contact the borrower not less often 
     than once every 180 days during the period of forbearance to 
     inform the borrower of--

       ``(I) the amount of unpaid principal and the amount of 
     interest that has accrued since the last statement of such 
     amounts provided to the borrower by the lender;
       ``(II) the fact that interest will accrue on the loan for 
     the period of forbearance;
       ``(III) the amount of interest that will be capitalized, 
     and the date on which capitalization will occur;
       ``(IV) the ability of the borrower to pay the interest that 
     has accrued before the interest is capitalized; and
       ``(V) the borrower's option to discontinue the forbearance 
     at any time.''.

     SEC. 422. FEDERAL CONSOLIDATION LOANS.

       (a) Amendments.--Section 428C(b)(1) (20 U.S.C. 1078-
     3(b)(1)) is amended--
       (1) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (2) by redesignating subparagraph (F) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) that the lender will disclose, in a clear and 
     conspicuous manner, to borrowers who consolidate loans made 
     under part E of this title--
       ``(i) that once the borrower adds the borrower's Federal 
     Perkins Loan to a Federal Consolidation Loan, the borrower 
     will lose all interest-free periods that would have been 
     available, such as those periods when no interest accrues on 
     the Federal Perkins Loan while the borrower is enrolled in 
     school at least half-time, during the grace period, and 
     during periods when the borrower's student loan repayments 
     are deferred;
       ``(ii) that the borrower will no longer be eligible for 
     loan cancellation of Federal Perkins Loans under any 
     provision of section 465; and
       ``(iii) the occupations described in section 465(a)(2), 
     individually and in detail, for which the borrower will lose 
     eligibility for Federal Perkins Loan cancellation; and
       ``(G) that the lender shall, upon application for a 
     consolidation loan, provide the borrower with information 
     about the possible impact of loan consolidation, including--
       ``(i) the total interest to be paid and fees to be paid on 
     the consolidation loan, and the length of repayment for the 
     loan;
       ``(ii) whether consolidation would result in a loss of loan 
     benefits under this part or part D, including loan 
     forgiveness, cancellation, and deferment;
       ``(iii) in the case of a borrower that plans to include a 
     Federal Perkins Loan under part E in the consolidation loan, 
     that once the borrower adds the borrower's Federal Perkins 
     Loan to a consolidation loan--

       ``(I) the borrower will lose all interest-free periods that 
     would have been available for such loan under part E, such as 
     the periods during which no interest accrues on the Federal 
     Perkins Loan while the borrower is enrolled in school at 
     least half-time, the grace period, and the periods during 
     which the borrower's student loan repayments are deferred 
     under section 464(c)(2); and
       ``(II) the borrower will no longer be eligible for 
     cancellation of part or all of a Federal Perkins loan under 
     section 465(a);

       ``(iv) the ability of the borrower to prepay the 
     consolidation loan, pay such loan on a shorter schedule, and 
     to change repayment plans;
       ``(v) that borrower benefit programs for a consolidation 
     loan may vary among different lenders;
       ``(vi) the consequences of default on the consolidation 
     loan; and
       ``(vii) that by applying for a consolidation loan, the 
     borrower is not obligated to agree to take the consolidation 
     loan; and''.
       (b) Conforming Amendment.--Section 455(g) (20 U.S.C. 
     1087e(g)) is amended by striking ``428C(b)(1)(F)'' and 
     inserting ``428C(b)(1)(H)''.

     SEC. 423. DEFAULT REDUCTION PROGRAM.

       Section 428F (20 U.S.C. 1078-6) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by adding at the end the 
     following: ``Upon the sale of the loan to an eligible lender, 
     the guaranty agency, and any prior holder of the loan, shall 
     request any consumer reporting agency to which the guaranty 
     agency or holder, as applicable, reported the default of the 
     loan, to remove the record of default from the borrower's 
     credit history.''; and
       (B) by adding at the end the following:
       ``(5) Limitation.--A borrower may obtain the benefits 
     available under this subsection with respect to 
     rehabilitating a loan only one time per loan.''; and
       (2) by adding at the end the following:
       ``(c) Financial and Economic Literacy.--Where appropriate 
     as determined by the institution of higher education in which 
     a borrower is enrolled, each program described in subsection 
     (b) shall include making available financial and economic 
     education materials for the borrower, including making the 
     materials available before, during, or after rehabilitation 
     of a loan.''.

     SEC. 424. REPORTS TO CONSUMER REPORTING AGENCIES AND 
                   INSTITUTIONS OF HIGHER EDUCATION.

       Section 430A (20 U.S.C. 1080a) is amended--
       (1) in the section heading, by striking ``CREDIT BUREAUS'' 
     and inserting ``CONSUMER REPORTING AGENCIES''; and
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``with credit bureau 
     organizations'' and inserting ``with each consumer reporting 
     agency that compiles and maintains files on consumers on a 
     nationwide basis (as defined in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p))'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (4), and (5), respectively;
       (C) by inserting before paragraph (2) (as redesignated by 
     subparagraph (B)), the following:
       ``(1) the type of loan made, insured, or guaranteed under 
     this title;'';
       (D) by inserting after paragraph (2) (as redesignated by 
     subparagraph (B)), the following:
       ``(3) information concerning the repayment status of the 
     loan, which information shall be included in the file of the 
     borrower, except that nothing in this subsection shall be 
     construed to affect any otherwise applicable provision of the 
     Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)'';
       (E) in paragraph (4) (as redesignated by subparagraph (B)), 
     by striking ``and'' after the semicolon;
       (F) in paragraph (5) (as redesignated by subparagraph (B)), 
     by striking the period and inserting ``; and''; and
       (G) by adding at the end the following:
       ``(6) any other information required to be reported by 
     Federal law.''.

     SEC. 425. COMMON FORMS AND FORMATS.

       Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) is 
     amended by adding at the end the following: ``Unless 
     otherwise notified by the Secretary, each institution of 
     higher education that participates in the program under this 
     part or part D may use a master promissory note for loans 
     under this part and part D.''.

     SEC. 426. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS.

       Section 433 (20 U.S.C. 1083) is amended by adding at the 
     end the following:

[[Page 20500]]

       ``(f) Borrower Information and Privacy.--Each entity 
     participating in a program under this part that is subject to 
     subtitle A of title V of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6801 et seq.) shall only use, release, disclose, sell, 
     transfer, or give student information, including the name, 
     address, social security number, or amount borrowed by a 
     borrower or a borrower's parent, in accordance with the 
     provisions of such subtitle.
       ``(g) Loan Benefit Disclosures.--
       ``(1) In general.--Each eligible lender, holder, or 
     servicer of a loan made, insured, or guaranteed under this 
     part shall provide the borrower with information on the loan 
     benefit repayment options the lender, holder, or servicer 
     offer, including information on reductions in interest 
     rates--
       ``(A) by repaying the loan by automatic payroll or checking 
     account deduction;
       ``(B) by completing a program of on-time repayment; and
       ``(C) under any other interest rate reduction program.
       ``(2) Information.--Such borrower information shall 
     include--
       ``(A) any limitations on such options;
       ``(B) explicit information on the reasons a borrower may 
     lose eligibility for such an option;
       ``(C) examples of the impact the interest rate reductions 
     will have on a borrower's time for repayment and amount of 
     repayment;
       ``(D) upon the request of the borrower, the effect the 
     reductions in interest rates will have with respect to the 
     borrower's payoff amount and time for repayment; and
       ``(E) information on borrower recertification 
     requirements.''.

     SEC. 427. CONSUMER EDUCATION INFORMATION.

       Part B (20 U.S.C. 1071 et seq.) is amended by inserting 
     after section 433 (20 U.S.C. 1083) the following:

     ``SEC. 433A. CONSUMER EDUCATION INFORMATION.

       ``Each guaranty agency participating in a program under 
     this part, working with the institutions of higher education 
     served by such guaranty agency (or in the case of an 
     institution of higher education that provides loans 
     exclusively through part D, the institution working with a 
     guaranty agency or with the Secretary), shall develop and 
     make available a high-quality educational program and 
     materials to provide training for students in budgeting and 
     financial management, including debt management and other 
     aspects of financial literacy, such as the cost of using very 
     high interest loans to pay for postsecondary education, 
     particularly as budgeting and financial management relates to 
     student loan programs authorized by this title. Nothing in 
     this section shall be construed to prohibit a guaranty agency 
     from using an existing program or existing materials to meet 
     the requirement of this section. The activities described in 
     this section shall be considered default reduction activities 
     for the purposes of section 422.''.

     SEC. 428. DEFINITION OF ELIGIBLE LENDER.

       Section 435(d) (20 U.S.C. 1085(d)) is amended--
       (1) in paragraph (5)--
       (A) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (H) and (I), respectively; and
       (B) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) offered, directly or indirectly, points, premiums, 
     payments (including payments for referrals and for processing 
     or finder fees), prizes, stock or other securities, travel, 
     entertainment expenses, tuition repayment, the provision of 
     information technology equipment at below-market value, 
     additional financial aid funds, or other inducements to any 
     institution of higher education or any employee of an 
     institution of higher education in order to secure applicants 
     for loans under this part;
       ``(B) conducted unsolicited mailings, by postal or 
     electronic means, of student loan application forms to 
     students enrolled in secondary school or postsecondary 
     institutions, or to parents of such students, except that 
     applications may be mailed, by postal or electronic means, to 
     students or borrowers who have previously received loans 
     under this part from such lender;
       ``(C) entered into any type of consulting arrangement, or 
     other contract to provide services to a lender, with an 
     employee who is employed in the financial aid office of an 
     institution of higher education, or who otherwise has 
     responsibilities with respect to student loans or other 
     financial aid of the institution;
       ``(D) compensated an employee who is employed in the 
     financial aid office of an institution of higher education, 
     or who otherwise has responsibilities with respect to 
     educational loans or other financial aid of the institution, 
     and who is serving on an advisory board, commission, or group 
     established by a lender or group of lenders for providing 
     such service, except that the eligible lender may reimburse 
     such employee for reasonable expenses incurred in providing 
     such service;
       ``(E) performed for an institution of higher education any 
     function that the institution of higher education is required 
     to carry out under part B, D, or G;
       ``(F) paid, on behalf of an institution of higher 
     education, another person to perform any function that the 
     institution of higher education is required to perform under 
     part B, D, or G;
       ``(G) provided payments or other benefits to a student at 
     an institution of higher education to act as the lender's 
     representative to secure applications under this title from 
     individual prospective borrowers, unless such student--
       ``(i) is also employed by the lender for other purposes; 
     and
       ``(ii) made all appropriate disclosures regarding such 
     employment;''; and
       (2) by adding at the end the following:
       ``(8) Sunset of authority for school as lender program.--
       ``(A) Sunset.--The authority provided under subsection 
     (d)(1)(E) for an institution to serve as an eligible lender, 
     and under paragraph (7) for an eligible lender to serve as a 
     trustee for an institution of higher education or an 
     organization affiliated with an institution of higher 
     education, shall expire on June 30, 2012.
       ``(B) Application to existing institutional lenders.--An 
     institution that was an eligible lender under this 
     subsection, or an eligible lender that served as a trustee 
     for an institution of higher education or an organization 
     affiliated with an institution of higher education under 
     paragraph (7), before June 30, 2012, shall--
       ``(i) not issue any new loans in such a capacity under part 
     B after June 30, 2012; and
       ``(ii) continue to carry out the institution's 
     responsibilities for any loans issued by the institution 
     under part B on or before June 30, 2012, except that, 
     beginning on June 30, 2011, the eligible institution or 
     trustee may, notwithstanding any other provision of this Act, 
     sell or otherwise dispose of such loans if all profits from 
     the divestiture are used for need-based grant programs at the 
     institution.
       ``(C) Audit requirement.--All institutions serving as an 
     eligible lender under subsection (d)(1)(E) and all eligible 
     lenders serving as a trustee for an institution of higher 
     education or an organization affiliated with an institution 
     of higher education shall annually complete and submit to the 
     Secretary a compliance audit to determine whether--
       ``(i) the institution or lender is using all proceeds from 
     special allowance payments and interest payments from 
     borrowers, interest subsidies received from the Department, 
     and any proceeds from the sale or other disposition of loans, 
     for need-based aid programs, in accordance with section 
     435(d)(2)(A)(viii);
       ``(ii) the institution or lender is using no more than a 
     reasonable portion of the proceeds described in section 
     435(d)(2)(A)(viii) for direct administrative expenses; and
       ``(iii) the institution or lender is ensuring that the 
     proceeds described in section 435(d)(2)(A)(viii) are being 
     used to supplement, and not to supplant, non-Federal funds 
     that would otherwise be used for need-based grant 
     programs.''.

     SEC. 429. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF 
                   DISABILITY.

       (a) FFEL and Direct Loans.--Section 437(a) (20 U.S.C. 1087) 
     is amended--
       (1) by inserting ``, or if a student borrower who has 
     received such a loan is unable to engage in any substantial 
     gainful activity by reason of any medically determinable 
     physical or mental impairment that can be expected to result 
     in death, has lasted for a continuous period of not less than 
     60 months, or can be expected to last for a continuous period 
     of not less than 60 months'' after ``of the Secretary),''; 
     and
       (2) by adding at the end the following: ``The Secretary may 
     develop such safeguards as the Secretary determines necessary 
     to prevent fraud and abuse in the discharge of liability 
     under this subsection. Notwithstanding any other provision of 
     this subsection, the Secretary may promulgate regulations to 
     resume collection on loans discharged under this subsection 
     in any case in which--
       ``(1) a borrower received a discharge of liability under 
     this subsection and after the discharge the borrower--
       ``(A) receives a loan made, insured or guaranteed under 
     this title; or
       ``(B) has earned income in excess of the poverty line; or
       ``(2) the Secretary determines necessary.''.
       (b) Perkins.--Section 464(c) (20 U.S.C. 1087dd(c)) is 
     amended--
       (1) in paragraph (1)(F)--
       (A) by striking ``or if he'' and inserting ``if the 
     borrower''; and
       (B) by inserting ``, or if the borrower is unable to engage 
     in any substantial gainful activity by reason of any 
     medically determinable physical or mental impairment that can 
     be expected to result in death, has lasted for a continuous 
     period of not less than 60 months, or can be expected to last 
     for a continuous period of not less than 60 months'' after 
     ``the Secretary''; and
       (2) by adding at the end the following:
       ``(8) The Secretary may develop such additional safeguards 
     as the Secretary determines necessary to prevent fraud and 
     abuse in the cancellation of liability under paragraph 
     (1)(F). Notwithstanding paragraph (1)(F), the Secretary may 
     promulgate regulations to resume collection on loans 
     cancelled under paragraph (1)(F) in any case in which--
       ``(A) a borrower received a cancellation of liability under 
     paragraph (1)(F) and after the cancellation the borrower--

[[Page 20501]]

       ``(i) receives a loan made, insured or guaranteed under 
     this title; or
       ``(ii) has earned income in excess of the poverty line; or
       ``(B) the Secretary determines necessary.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on July 1, 2008.

                  PART C--FEDERAL WORK-STUDY PROGRAMS

     SEC. 441. AUTHORIZATION OF APPROPRIATIONS.

       Section 441(b) (42 U.S.C. 2751(b)) is amended by striking 
     ``$1,000,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years.''.

     SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES.

       Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended 
     by striking ``$450'' and inserting ``$600''.

     SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.

       Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (3) in subparagraph (A) (as redesignated by paragraph (2)), 
     by striking ``this subparagraph if'' and all that follows 
     through ``institution;'' and inserting ``this subparagraph 
     if--
       ``(i) the Secretary determines that enforcing this 
     subparagraph would cause hardship for students at the 
     institution; or
       ``(ii) the institution certifies to the Secretary that 15 
     percent or more of its total full-time enrollment 
     participates in community service activities described in 
     section 441(c) or tutoring and literacy activities described 
     in subsection (d) of this section;''.

     SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS.

       Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by 
     striking ``$50,000'' and inserting ``$75,000''.

     SEC. 445. WORK COLLEGES.

       Section 448 (42 U.S.C. 2756b) is amended--
       (1) in subsection (a), by striking ``work-learning'' and 
     inserting ``work-learning-service'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``under subsection (f)'' 
     and inserting ``for this section under section 441(b)''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``pursuant to subsection (f)'' and inserting ``for this 
     section under section 441(b)'';
       (ii) in subparagraph (A), by striking ``work-learning 
     program'' and inserting ``comprehensive work-learning-service 
     program'';
       (iii) by redesignating subparagraphs (C) through (F) as 
     subparagraphs (D) through (G), respectively;
       (iv) by inserting after subparagraph (B) the following:
       ``(C) support existing and new model student volunteer 
     community service projects associated with local institutions 
     of higher education, such as operating drop-in resource 
     centers that are staffed by students and that link people in 
     need with the resources and opportunities necessary to become 
     self-sufficient; and'';
       (v) in subparagraph (E) (as redesignated by clause (iii)), 
     by striking ``work-learning'' each place the term occurs and 
     inserting ``work-learning-service''; and
       (vi) in subparagraph (F) (as redesignated by clause (iii)), 
     by striking ``work service learning'' and inserting ``work-
     learning-service'';
       (3) in subsection (c), by striking ``by subsection (f) to 
     use funds under subsection (b)(1)'' and inserting ``for this 
     section under section 441(b) or to use funds under subsection 
     (b)(1),'';
       (4) in subsection (e)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``4-year, degree-
     granting'' after ``nonprofit'';
       (ii) in subparagraph (B), by striking ``work-learning'' and 
     inserting ``work-learning-service'';
       (iii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) requires all resident students, including at least 
     \1/2\ of all resident students who are enrolled on a full-
     time basis, to participate in a comprehensive work-learning-
     service program for not less than 5 hours each week, or not 
     less than 80 hours during each period of enrollment except 
     summer school, unless the student is engaged in a study 
     abroad or externship program that is organized or approved by 
     the institution; and''; and
       (iv) in subparagraph (D), by striking ``work-learning'' and 
     inserting ``work-learning-service''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) the term `comprehensive work-learning-service 
     program' means a student work-learning-service program that--
       ``(A) is an integral and stated part of the institution's 
     educational philosophy and program;
       ``(B) requires participation of all resident students for 
     enrollment and graduation;
       ``(C) includes learning objectives, evaluation, and a 
     record of work performance as part of the student's college 
     record;
       ``(D) provides programmatic leadership by college personnel 
     at levels comparable to traditional academic programs;
       ``(E) recognizes the educational role of work-learning-
     service supervisors; and
       ``(F) includes consequences for nonperformance or failure 
     in the work-learning-service program similar to the 
     consequences for failure in the regular academic program.''; 
     and
       (5) by striking subsection (f).

                     PART D--FEDERAL PERKINS LOANS

     SEC. 451. PROGRAM AUTHORITY.

       Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is amended by 
     striking ``$250,000,000 for fiscal year 1999'' and all that 
     follows through the period and inserting ``such sums as may 
     be necessary for each of the fiscal years 2008 through 
     2012.''.

     SEC. 451A. ALLOWANCE FOR BOOKS AND SUPPLIES.

       Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended 
     by striking ``$450'' and inserting ``$600''.

     SEC. 451B. PERKINS LOAN FORBEARANCE.

       Section 464 (20 U.S.C. 1087dd) is amended--
       (1) in subsection (e)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     upon written request,'' and inserting ``, as documented in 
     accordance with paragraph (2),'';
       (B) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (C) by inserting ``(1)'' after ``Forbearance.--''; and
       (D) by adding at the end the following:
       ``(2) For the purpose of paragraph (1), the terms of 
     forbearance agreed to by the parties shall be documented by--
       ``(A) confirming the agreement of the borrower by notice to 
     the borrower from the institution of higher education; and
       ``(B) recording the terms in the borrower's file.''; and
       (2) in subsection (j), by striking ``(e)(3)'' and inserting 
     ``(e)(1)(C)''.

     SEC. 452. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE.

       Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (B), by striking ``Head Start Act 
     which'' and inserting ``Head Start Act, or in a 
     prekindergarten or child care program that is licensed or 
     regulated by the State, that'';
       (B) in subparagraph (H), by striking ``or'' after the 
     semicolon;
       (C) in subparagraph (I), by striking the period and 
     inserting a semicolon; and
       (D) by inserting before the matter following subparagraph 
     (I) (as amended by subparagraph (C)) the following:
       ``(J) as a full-time faculty member at a Tribal College or 
     University, as that term is defined in section 316;
       ``(K) as a librarian, if the librarian has a master's 
     degree in library science and is employed in--
       ``(i) an elementary school or secondary school that is 
     eligible for assistance under title I of the Elementary and 
     Secondary Education Act of 1965; or
       ``(ii) a public library that serves a geographic area that 
     contains 1 or more schools eligible for assistance under 
     title I of the Elementary and Secondary Education Act of 
     1965; or
       ``(L) as a full-time speech language therapist, if the 
     therapist has a master's degree and is working exclusively 
     with schools that are eligible for assistance under title I 
     of the Elementary and Secondary Education Act of 1965.''; and
       (2) in paragraph (3)(A)--
       (A) in clause (i)--
       (i) by inserting ``(D),'' after ``(C),''; and
       (ii) by striking ``or (I)'' and inserting ``(I), (J), (K), 
     or (L)'';
       (B) in clause (ii), by inserting ``or'' after the 
     semicolon;
       (C) by striking clause (iii); and
       (D) by redesignating clause (iv) as clause (iii).

                         PART E--NEED ANALYSIS

     SEC. 461. COST OF ATTENDANCE.

       (a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is 
     amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B), as amended by 
     paragraph (1), the following:
       ``(C) for students who live in housing located on a 
     military base or for which a basic allowance is provided 
     under section 403(b) of title 37, United States Code, shall 
     be an allowance based on the expenses reasonably incurred by 
     such students for board but not for room; and''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on July 1, 2008.

     SEC. 462. DEFINITIONS.

       (a) Amendment.--Section 480(b)(6) (20 U.S.C. 1087vv(b)(6)) 
     is amended by inserting ``, except that the value of on-base 
     military housing or the value of basic allowance for

[[Page 20502]]

     housing determined under section 403(b) of title 37, United 
     States Code, received by the parents, in the case of a 
     dependent student, or the student or student's spouse, in the 
     case of an independent student, shall be excluded'' before 
     the semicolon.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2008.

       PART F--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

     SEC. 471. DEFINITIONS.

       Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is amended 
     by inserting ``and that measures program length in credit 
     hours or clock hours'' after ``baccalaureate degree''.

     SEC. 472. COMPLIANCE CALENDAR.

       Section 482 (20 U.S.C. 1089) is amended by adding at the 
     end the following:
       ``(e) Compliance Calendar.--Prior to the beginning of each 
     award year, the Secretary shall provide to institutions of 
     higher education a list of all the reports and disclosures 
     required under this Act. The list shall include--
       ``(1) the date each report or disclosure is required to be 
     completed and to be submitted, made available, or 
     disseminated;
       ``(2) the required recipients of each report or disclosure;
       ``(3) any required method for transmittal or dissemination 
     of each report or disclosure;
       ``(4) a description of the content of each report or 
     disclosure sufficient to allow the institution to identify 
     the appropriate individuals to be assigned the responsibility 
     for such report or disclosure;
       ``(5) references to the statutory authority, applicable 
     regulations, and current guidance issued by the Secretary 
     regarding each report or disclosure; and
       ``(6) any other information which is pertinent to the 
     content or distribution of the report or disclosure.''.

     SEC. 473. FORMS AND REGULATIONS.

       Section 483 (20 U.S.C. 1090) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Common Financial Aid Form Development and 
     Processing.--
       ``(1) In general.--
       ``(A) Common forms.--The Secretary, in cooperation with 
     representatives of agencies and organizations involved in 
     student financial assistance, shall produce, distribute, and 
     process free of charge common financial reporting forms as 
     described in this subsection to be used to determine the need 
     and eligibility of a student for financial assistance under 
     parts A through E of this title (other than under subpart 4 
     of part A). The forms shall be made available to applicants 
     in both paper and electronic formats.
       ``(B) FAFSA.--The common financial reporting forms 
     described in this subsection (excluding the form described in 
     paragraph (2)(B)), shall be referred to collectively as the 
     `Free Application for Federal Student Aid', or `FAFSA'.
       ``(2) Paper format.--
       ``(A) In general.--The Secretary shall encourage applicants 
     to file the electronic versions of the forms described in 
     paragraph (3), but shall develop, make available, and 
     process--
       ``(i) a paper version of EZ FAFSA, as described in 
     subparagraph (B); and
       ``(ii) a paper version of the other forms described in this 
     subsection, in accordance with subparagraph (C), for any 
     applicant who does not meet the requirements of or does not 
     wish to use the process described in subparagraph (B).
       ``(B) EZ fafsa.--
       ``(i) In general.--The Secretary shall develop and use, 
     after appropriate field testing, a simplified paper 
     application form for applicants meeting the requirements of 
     section 479(c), which form shall be referred to as the `EZ 
     FAFSA'.
       ``(ii) Required federal data elements.--The Secretary shall 
     include on the EZ FAFSA only the data elements required to 
     determine student eligibility and whether the applicant meets 
     the requirements of section 479(c).
       ``(iii) Required state data elements.--The Secretary shall 
     include on the EZ FAFSA such data items as may be necessary 
     to award State financial assistance, as provided under 
     paragraph (5), except the Secretary shall not include a 
     State's data if that State does not permit its applicants for 
     State assistance to use the EZ FAFSA.
       ``(iv) Free availability and data distribution.--The 
     provisions of paragraphs (6) and (10) shall apply to the EZ 
     FAFSA.
       ``(C) Phase-out of full paper fafsa.--
       ``(i) Phase-out of printing of full paper fafsa.--At such 
     time as the Secretary determines that it is not cost-
     effective to print the full paper version of FAFSA, the 
     Secretary shall--

       ``(I) phase out the printing of the full paper version of 
     FAFSA;
       ``(II) maintain on the Internet easily accessible, 
     downloadable formats of the full paper version of FAFSA; and
       ``(III) provide a printed copy of the full paper version of 
     FAFSA upon request.

       ``(ii) Use of savings.--The Secretary shall utilize any 
     savings realized by phasing out the printing of the full 
     paper version of FAFSA and moving applicants to the 
     electronic versions of FAFSA, to improve access to the 
     electronic versions for applicants meeting the requirements 
     of section 479(c).
       ``(3) Electronic versions.--
       ``(A) In general.--The Secretary shall produce, make 
     available through a broadly available website, and process 
     electronic versions of the FAFSA and the EZ FAFSA.
       ``(B) Minimum questions.--The Secretary shall use all 
     available technology to ensure that a student using an 
     electronic version of the FAFSA under this paragraph answers 
     only the minimum number of questions necessary.
       ``(C) Reduced requirements.--The Secretary shall enable 
     applicants who meet the requirements of subsection (b) or (c) 
     of section 479 to provide information on the electronic 
     version of the FAFSA only for the data elements required to 
     determine student eligibility and whether the applicant meets 
     the requirements of subsection (b) or (c) of section 479.
       ``(D) State data.--The Secretary shall include on the 
     electronic version of the FAFSA the questions needed to 
     determine whether the applicant is eligible for State 
     financial assistance, as provided under paragraph (5), except 
     that the Secretary shall not--
       ``(i) require applicants to complete data required by any 
     State other than the applicant's State of residence; and
       ``(ii) include a State's data if such State does not permit 
     its applicants for State assistance to use the electronic 
     version of the FAFSA described in this paragraph.
       ``(E) Free availability and data distribution.--The 
     provisions of paragraphs (6) and (10) shall apply to the 
     electronic version of the FAFSA.
       ``(F) Use of forms.--Nothing in this subsection shall be 
     construed to prohibit the use of the electronic versions of 
     the forms developed by the Secretary pursuant to this 
     paragraph by an eligible institution, eligible lender, a 
     guaranty agency, a State grant agency, a private computer 
     software provider, a consortium of such entities, or such 
     other entity as the Secretary may designate. Data collected 
     by the electronic versions of such forms shall be used only 
     for the application, award, and administration of aid awarded 
     under this title, State aid, or aid awarded by eligible 
     institutions or such entities as the Secretary may designate. 
     No data collected by such electronic versions of the forms 
     shall be used for making final aid awards under this title 
     until such data have been processed by the Secretary or a 
     contractor or designee of the Secretary, except as may be 
     permitted under this title.
       ``(G) Privacy.--The Secretary shall ensure that data 
     collection under this paragraph complies with section 552a of 
     title 5, United States Code, and that any entity using an 
     electronic version of a form developed by the Secretary under 
     this paragraph shall maintain reasonable and appropriate 
     administrative, technical, and physical safeguards to ensure 
     the integrity and confidentiality of the information, and to 
     protect against security threats, or unauthorized uses or 
     disclosures of the information provided on the electronic 
     version of the form.
       ``(H) Signature.--Notwithstanding any other provision of 
     this Act, the Secretary may permit an electronic version of a 
     form developed under this paragraph to be submitted without a 
     signature, if a signature is subsequently submitted by the 
     applicant or if the applicant uses a personal identification 
     number provided by the Secretary under subparagraph (I).
       ``(I) Personal identification numbers authorized.--The 
     Secretary is authorized to assign to an applicant a personal 
     identification number--
       ``(i) to enable the applicant to use such number as a 
     signature for purposes of completing an electronic version of 
     a form developed under this paragraph; and
       ``(ii) for any purpose determined by the Secretary to 
     enable the Secretary to carry out this title.
       ``(J) Personal identification number improvement.--Not 
     later than 180 days after the date of enactment of the Higher 
     Education Amendments of 2007, the Secretary shall implement a 
     real-time data match between the Social Security 
     Administration and the Department to minimize the time 
     required for an applicant to obtain a personal identification 
     number when applying for aid under this title through an 
     electronic version of a form developed under this paragraph.
       ``(4) Streamlined reapplication process.--
       ``(A) In general.--The Secretary shall develop streamlined 
     paper and electronic reapplication forms and processes for an 
     applicant who applies for financial assistance under this 
     title in the next succeeding academic year subsequent to an 
     academic year for which such applicant applied for financial 
     assistance under this title.
       ``(B) Updating of data elements.--The Secretary shall 
     determine, in cooperation with States, institutions of higher 
     education, agencies, and organizations involved in student 
     financial assistance, the data elements that may be 
     transferred from the previous academic year's application and 
     those data elements that shall be updated.
       ``(C) Reduced data authorized.--Nothing in this title shall 
     be construed as limiting the authority of the Secretary to 
     reduce the

[[Page 20503]]

     number of data elements required of reapplicants.
       ``(D) Zero family contribution.--Applicants determined to 
     have a zero family contribution pursuant to section 479(c) 
     shall not be required to provide any financial data in a 
     reapplication form, except data that are necessary to 
     determine eligibility under such section.
       ``(5) State requirements.--
       ``(A) In general.--Except as provided in paragraphs 
     (2)(B)(iii), (3)(D), and (4)(B), the Secretary shall include 
     on the forms developed under this subsection, such State-
     specific data items as the Secretary determines are necessary 
     to meet State requirements for need-based State aid. Such 
     items shall be selected in consultation with State agencies 
     in order to assist in the awarding of State financial 
     assistance in accordance with the terms of this subsection. 
     The number of such data items shall not be less than the 
     number included on the common financial reporting form for 
     the 2005-2006 award year unless a State notifies the 
     Secretary that the State no longer requires those data items 
     for the distribution of State need-based aid.
       ``(B) Annual review.--The Secretary shall conduct an annual 
     review to determine--
       ``(i) which data items each State requires to award need-
     based State aid; and
       ``(ii) if the State will permit an applicant to file a form 
     described in paragraph (2)(B) or (3)(C).
       ``(C) Use of simplified application forms encouraged.--The 
     Secretary shall encourage States to take such steps as are 
     necessary to encourage the use of simplified forms under this 
     subsection, including those forms described in paragraphs 
     (2)(B) and (3)(C), for applicants who meet the requirements 
     of subsection (b) or (c) of section 479.
       ``(D) Consequences if state does not accept simplified 
     forms.--If a State does not permit an applicant to file a 
     form described in paragraph (2)(B) or (3)(C) for purposes of 
     determining eligibility for State need-based financial aid, 
     the Secretary may determine that State-specific questions for 
     such State will not be included on a form described in 
     paragraph (2)(B) or (3)(B). If the Secretary makes such 
     determination, the Secretary shall advise the State of the 
     Secretary's determination.
       ``(E) Lack of state response to request for information.--
     If a State does not respond to the Secretary's request for 
     information under subparagraph (B), the Secretary shall--
       ``(i) permit residents of that State to complete simplified 
     forms under paragraphs (2)(B) and (3)(B); and
       ``(ii) not require any resident of such State to complete 
     any data items previously required by that State under this 
     section.
       ``(F) Restriction.--The Secretary shall not require 
     applicants to complete any financial or non-financial data 
     items that are not required--
       ``(i) by the applicant's State; or
       ``(ii) by the Secretary.
       ``(6) Charges to students and parents for use of forms 
     prohibited.--The need and eligibility of a student for 
     financial assistance under parts A through E (other than 
     under subpart 4 of part A) may be determined only by using a 
     form developed by the Secretary under this subsection. Such 
     forms shall be produced, distributed, and processed by the 
     Secretary, and no parent or student shall be charged a fee by 
     the Secretary, a contractor, a third-party servicer or 
     private software provider, or any other public or private 
     entity for the collection, processing, or delivery of 
     financial aid through the use of such forms. No data 
     collected on a paper or electronic version of a form 
     developed under this subsection, or other document that was 
     created to replace, or used to complete, such a form, and for 
     which a fee was paid, shall be used.
       ``(7) Restrictions on use of pin.--No person, commercial 
     entity, or other entity shall request, obtain, or utilize an 
     applicant's personal identification number assigned under 
     paragraph (3)(I) for purposes of submitting a form developed 
     under this subsection on an applicant's behalf.
       ``(8) Application processing cycle.--The Secretary shall 
     enable students to submit forms developed under this 
     subsection and initiate the processing of such forms under 
     this subsection, as early as practicable prior to January 1 
     of the student's planned year of enrollment.
       ``(9) Early estimates of expected family contributions.--
     The Secretary shall permit an applicant to complete a form 
     described in this subsection in the years prior to enrollment 
     in order to obtain from the Secretary a nonbinding estimate 
     of the applicant's expected family contribution, computed in 
     accordance with part F. Such applicant shall be permitted to 
     update information submitted on a form described in this 
     subsection using the process required under paragraph (4).
       ``(10) Distribution of data.--Institutions of higher 
     education, guaranty agencies, and States shall receive, 
     without charge, the data collected by the Secretary using a 
     form developed under this subsection for the purposes of 
     processing loan applications and determining need and 
     eligibility for institutional and State financial aid awards. 
     Entities designated by institutions of higher education, 
     guaranty agencies, or States to receive such data shall be 
     subject to all the requirements of this section, unless such 
     requirements are waived by the Secretary.
       ``(11) Third party servicers and private software 
     providers.--To the extent practicable and in a timely manner, 
     the Secretary shall provide, to private organizations and 
     consortia that develop software used by institutions of 
     higher education for the administration of funds under this 
     title, all the necessary specifications that the 
     organizations and consortia must meet for the software the 
     organizations and consortia develop, produce, and distribute 
     (including any diskette, modem, or network communications) 
     which are so used. The specifications shall contain record 
     layouts for required data. The Secretary shall develop in 
     advance of each processing cycle an annual schedule for 
     providing such specifications. The Secretary, to the extent 
     practicable, shall use multiple means of providing such 
     specifications, including conferences and other meetings, 
     outreach, and technical support mechanisms (such as training 
     and printed reference materials). The Secretary shall, from 
     time to time, solicit from such organizations and consortia 
     means of improving the support provided by the Secretary.
       ``(12) Parent's social security number and birth date.--The 
     Secretary is authorized to include space on the forms 
     developed under this subsection for the social security 
     number and birth date of parents of dependent students 
     seeking financial assistance under this title.'';
       (2) by redesignating subsections (c) through (e) (as 
     amended by section 101(b)(11)) as subsections (b) through 
     (d), respectively;
       (3) in subsection (c) (as redesignated by paragraph (2)), 
     by striking ``that is authorized'' and all that follows 
     through the period at the end and inserting ``or other 
     appropriate provider of technical assistance and information 
     on postsecondary educational services that is authorized 
     under section 663(a) of the Individuals with Disabilities 
     Education Act. Not later than 2 years after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Secretary shall test and implement, to the extent 
     practicable, a toll-free telephone based system to permit 
     applicants who meet the requirements of 479(c) to submit an 
     application over such system.'';
       (4) by striking subsection (d) (as redesignated by 
     paragraph (2)) and inserting the following:
       ``(d) Assistance in Preparation of Financial Aid 
     Application.--
       ``(1) Preparation authorized.--Notwithstanding any 
     provision of this Act, an applicant may use a preparer for 
     consultative or preparation services for the completion of a 
     form developed under subsection (a) if the preparer satisfies 
     the requirements of this subsection.
       ``(2) Preparer identification required.--If an applicant 
     uses a preparer for consultative or preparation services for 
     the completion of a form developed under subsection (a), the 
     preparer shall include the name, signature, address or 
     employer's address, social security number or employer 
     identification number, and organizational affiliation of the 
     preparer on the applicant's form.
       ``(3) Additional requirements.--A preparer that provides 
     consultative or preparation services pursuant to this 
     subsection shall--
       ``(A) clearly inform each individual upon initial contact, 
     including contact through the Internet or by telephone, that 
     the FAFSA and EZ FAFSA may be completed for free via paper or 
     electronic versions of the forms that are provided by the 
     Secretary;
       ``(B) include in any advertising clear and conspicuous 
     information that the FAFSA and EZ FAFSA may be completed for 
     free via paper or electronic versions of the forms that are 
     provided by the Secretary;
       ``(C) if advertising or providing any information on a 
     website, or if providing services through a website, include 
     on the website a link to the website described in subsection 
     (a)(3) that provides the electronic versions of the forms 
     developed under subsection (a);
       ``(D) refrain from producing or disseminating any form 
     other than the forms developed by the Secretary under 
     subsection (a); and
       ``(E) not charge any fee to any individual seeking services 
     who meets the requirements of subsection (b) or (c) of 
     section 479.
       ``(4) Special rule.--Nothing in this Act shall be construed 
     to limit preparers of the financial reporting forms required 
     to be made under this title that meet the requirements of 
     this subsection from collecting source information from a 
     student or parent, including Internal Revenue Service tax 
     forms, in providing consultative and preparation services in 
     completing the forms.''; and
       (5) by adding at the end the following:
       ``(e) Early Application and Award Demonstration Program.--
       ``(1) Purpose.--The purpose of the demonstration program 
     implemented under this subsection is to determine the 
     feasibility of implementing a comprehensive early application 
     and notification system for all dependent students and to 
     measure the benefits and costs of such a system.
       ``(2) Program authorized.--Not later than 2 years after the 
     date of enactment of the

[[Page 20504]]

     Higher Education Amendments of 2007, the Secretary shall 
     implement an early application demonstration program enabling 
     dependent students who wish to participate in the program--
       ``(A) to complete an application under this subsection 
     during the academic year that is 2 years prior to the year 
     such students plan to enroll in an institution of higher 
     education; and
       ``(B) based on the application described in subparagraph 
     (A), to obtain, not later than 1 year prior to the year of 
     the students' planned enrollment, information on eligibility 
     for Federal Pell Grants, Federal student loans under this 
     title, and State and institutional financial aid for the 
     student's first year of enrollment in an the institution of 
     higher education.
       ``(3) Early application and award.--For all dependent 
     students selected for participation in the demonstration 
     program who submit a completed FAFSA, or, as appropriate, an 
     EZ FAFSA, 2 years prior to the year such students plan to 
     enroll in an institution of higher education, the Secretary 
     shall, not later than 1 year prior to the year of such 
     planned enrollment--
       ``(A) provide each student who meets the requirements under 
     section 479(c) with a determination of such student's--
       ``(i) expected family contribution for the first year of 
     the student's enrollment in an institution of higher 
     education; and
       ``(ii) Federal Pell Grant award for the first such year, 
     based on the maximum Federal Pell Grant award at the time of 
     application;
       ``(B) provide each student who does not meet the 
     requirements under section 479(c) with an estimate of such 
     student's--
       ``(i) expected family contribution for the first year of 
     the student's planned enrollment; and
       ``(ii) Federal Pell Grant award for the first such year, 
     based on the maximum Federal Pell Grant award at the time of 
     application; and
       ``(C) remind the students of the need to update the 
     students' information during the calendar year of enrollment 
     using the expedited reapplication process provided for in 
     subsection (a)(4).
       ``(4) Participants.--The Secretary shall include, as 
     participants in the demonstration program--
       ``(A) States selected through the application process 
     described in paragraph (5);
       ``(B) institutions of higher education within the selected 
     States that are interested in participating in the 
     demonstration program, and that can make estimates or 
     commitments of institutional student financial aid, as 
     appropriate, to students the year before the students' 
     planned enrollment date; and
       ``(C) secondary schools within the selected States that are 
     interested in participating in the demonstration program, and 
     can commit resources to--
       ``(i) advertising the availability of the program;
       ``(ii) identifying students who might be interested in 
     participating in the program;
       ``(iii) encouraging such students to apply; and
       ``(iv) participating in the evaluation of the program.
       ``(5) Applications.--States that are interested in 
     participating in the demonstration program shall submit an 
     application, to the Secretary at such time, in such form, and 
     containing such information as the Secretary shall require. 
     The application shall include--
       ``(A) information on the amount of the State's need-based 
     student financial assistance available, and the eligibility 
     criteria for receiving such assistance;
       ``(B) a commitment to make, not later than the year before 
     the dependent students participating in the demonstration 
     program plan to enroll in an institution of higher 
     education--
       ``(i) determinations of State financial aid awards to 
     dependent students participating in the program who meet the 
     requirements of section 479(c); and
       ``(ii) estimates of State financial aid awards to other 
     dependent students participating in the program;
       ``(C) a plan for recruiting institutions of higher 
     education and secondary schools with different demographic 
     characteristics to participate in the program;
       ``(D) a plan for selecting institutions of higher education 
     and secondary schools to participate in the program that--
       ``(i) demonstrate a commitment to encouraging students to 
     submit a FAFSA, or, as appropriate, an EZ FAFSA, 2 years 
     before the students' planned date of enrollment in an 
     institution of higher education;
       ``(ii) serve different populations of students;
       ``(iii) in the case of institutions of higher education--

       ``(I) to the extent possible, are of varying types and 
     control; and
       ``(II) commit to making, not later than the year prior to 
     the year that dependent students participating in the 
     demonstration program plan to enroll in the institution--

       ``(aa) institutional awards to participating dependent 
     students who meet the requirements of section 479(c);
       ``(bb) estimates of institutional awards to other 
     participating dependent students; and
       ``(cc) expected or tentative awards of grants or other 
     financial aid available under this title (including 
     supplemental grants under subpart 3 of part A), for all 
     participating dependent students, along with information on 
     State awards, as provided to the institution by the State;
       ``(E) a commitment to participate in the evaluation 
     conducted by the Secretary; and
       ``(F) such other information as the Secretary may require.
       ``(6) Special provisions.--
       ``(A) Discretion of student financial aid administrators.--
     A financial aid administrator at an institution of higher 
     education participating in a demonstration program under this 
     subsection may use the discretion provided under section 479A 
     as necessary in awarding financial aid to students 
     participating in the demonstration program.
       ``(B) Waivers.--The Secretary is authorized to waive, for 
     an institution participating in the demonstration program, 
     any requirements under the title, or regulations prescribed 
     under this title, that would make the demonstration program 
     unworkable, except that the Secretary shall not waive any 
     provisions with respect to the maximum award amounts for 
     grants and loans under this title.
       ``(7) Outreach.--The Secretary shall make appropriate 
     efforts in order to notify States, institutions of higher 
     education, and secondary schools of the demonstration 
     program.
       ``(8) Evaluation.--The Secretary shall conduct a rigorous 
     evaluation of the demonstration program to measure the 
     program's benefits and adverse effects, as the benefits and 
     effects relate to the purpose of the program described in 
     paragraph (1). In conducting the evaluation, the Secretary 
     shall--
       ``(A) identify whether receiving financial aid awards or 
     estimates, as applicable, 1 year prior to the year in which 
     the student plans to enroll in an institution of higher 
     education, has a positive impact on the higher education 
     aspirations and plans of such student;
       ``(B) measure the extent to which using a student's income 
     information from the year that is 2 years prior to the 
     student's planned enrollment date had an impact on the 
     ability of States and institutions to make financial aid 
     awards and commitments;
       ``(C) determine what operational changes would be required 
     to implement the program on a larger scale;
       ``(D) identify any changes to Federal law that would be 
     necessary to implement the program on a permanent basis; and
       ``(E) identify the benefits and adverse effects of 
     providing early awards or estimates on program costs, program 
     operations, program integrity, award amounts, distribution, 
     and delivery of aid.
       ``(9) Consultation.--The Secretary shall consult, as 
     appropriate, with the Advisory Committee on Student Financial 
     Assistance established under section 491 on the design, 
     implementation, and evaluation of the demonstration program.
       ``(f) Use of IRS Data and Reduced Income and Asset 
     Information to Determine Eligibility for Student Financial 
     Aid.--
       ``(1) Formation of study group.--Not later than 90 days 
     after the date of enactment of the Higher Education 
     Amendments of 2007, the Comptroller General of the United 
     States and the Secretary of Education shall convene a study 
     group whose membership shall include the Secretary of the 
     Treasury, the Director of the Office of Management and 
     Budget, the Director of the Congressional Budget Office, 
     representatives of institutions of higher education with 
     expertise in Federal and State financial aid assistance, 
     State chief executive officers of higher education with a 
     demonstrated commitment to simplifying the FAFSA, and such 
     other individuals as the Comptroller General and the 
     Secretary of Education may designate.
       ``(2) Study required.--The Comptroller General and the 
     Secretary, in consultation with the study group convened 
     under paragraph (1), shall design and conduct a study to 
     identify and evaluate the means of simplifying the process of 
     applying for Federal financial aid available under this 
     title. The study shall focus on developing alternative 
     approaches for calculating the expected family contribution 
     that use substantially less income and asset data than the 
     methodology currently used, as of the time of the study, for 
     determining the expected family contribution.
       ``(3) Objectives of study.--The objectives of the study 
     required under paragraph (2) are--
       ``(A) to shorten the FAFSA and make it easier and less 
     time-consuming to complete, thereby increasing higher 
     education access for low-income students;
       ``(B) to examine the feasibility, and evaluate the costs 
     and benefits, of using income data from the Internal Revenue 
     Service to pre-populate the electronic version of the FAFSA;
       ``(C) to determine ways in which to provide reliable 
     information on the amount of Federal grant aid and financial 
     assistance a student can expect to receive, assuming constant 
     income, 2 to 3 years before the student's enrollment; and
       ``(D) to simplify the process for determining eligibility 
     for student financial aid without causing significant 
     redistribution of Federal grants and subsidized loans under 
     this title.

[[Page 20505]]

       ``(4) Required subjects of study.--The study required under 
     paragraph (2) shall consider--
       ``(A) how the expected family contribution of a student 
     could be calculated using substantially less income and asset 
     information than the approach currently used, as of the time 
     of the study, to calculate the expected family contribution 
     without causing significant redistribution of Federal grants 
     and subsidized loans under this title, State aid, or 
     institutional aid, or change in the composition of the group 
     of recipients of such aid, which alternative approaches for 
     calculating the expected family contribution shall, to the 
     extent practicable--
       ``(i) rely mainly, in the case of students and parents who 
     file income tax returns, on information available on the 
     1040, 1040EZ, and 1040A; and
       ``(ii) include formulas for adjusting income or asset 
     information to produce similar results to the existing 
     approach with less data;
       ``(B) how the Internal Revenue Service can provide income 
     and other data needed to compute an expected family 
     contribution for taxpayers and dependents of taxpayers to the 
     Secretary of Education, and when in the application cycle the 
     data can be made available;
       ``(C) whether data provided by the Internal Revenue could 
     be used to--
       ``(i) prepopulate the electronic version of the FAFSA with 
     student and parent taxpayer data; or
       ``(ii) generate an expected family contribution without 
     additional action on the part of the student and taxpayer;
       ``(D) the extent to which the use of income data from 2 
     years prior to a student's planned enrollment date would 
     change the expected family contribution computed in 
     accordance with part F, and potential adjustments to the need 
     analysis formula that would minimize the change;
       ``(E) the extent to which States and institutions would 
     accept the data provided by the Internal Revenue Service to 
     prepopulate the electronic version of the FAFSA in 
     determining the distribution of State and institutional 
     student financial aid funds;
       ``(F) the changes to the electronic version of the FAFSA 
     and verification processes that would be needed or could be 
     made if Internal Revenue Service data were used to 
     prepopulate such electronic version;
       ``(G) the data elements currently collected, as of the time 
     of the study, on the FAFSA that are needed to determine 
     eligibility for student aid, or to administer Federal student 
     financial aid programs, but are not needed to compute an 
     expected family contribution, such as whether information 
     regarding the student's citizenship or permanent residency 
     status, registration for selective service, or driver's 
     license number could be reduced without adverse effects;
       ``(H) additional steps that can be taken to simplify the 
     financial aid application process for students who (or, in 
     the case of dependent students, whose parents) are not 
     required to file an income tax return for the prior taxable 
     year;
       ``(I) information on the State need for and usage of the 
     full array of income, asset, and other information currently 
     collected, as of the time of the study, on the FAFSA, 
     including analyses of--
       ``(i) what data are currently used by States to determine 
     eligibility for State student financial aid, and whether the 
     data are used for merit or need-based aid;
       ``(ii) the extent to which the full array of income and 
     asset information currently collected on the FAFSA play an 
     important role in the awarding of need-based State financial 
     aid, and whether the State could use income and asset 
     information that was more limited to support determinations 
     of eligibility for such State aid programs;
       ``(iii) whether data are required by State law, State 
     regulations, or policy directives;
       ``(iv) what State official has the authority to advise the 
     Department on what the State requires to calculate need-based 
     State student financial aid;
       ``(v) the extent to which any State-specific information 
     requirements could be met by completion of a State 
     application linked to the electronic version of the FAFSA; 
     and
       ``(vi) whether the State can use, as of the time of the 
     study, or could use, a student's expected family contribution 
     based on data from 2 years prior to the student's planned 
     enrollment date and a calculation with reduced data elements 
     and, if not, what additional information would be needed or 
     what changes would be required; and
       ``(J) information on institutional needs, including the 
     extent to which institutions of higher education are already 
     using supplemental forms to collect additional data from 
     students and their families to determine eligibility for 
     institutional funds.
       ``(5) Use of data from the internal revenue service to 
     prepopulate fafsa forms.--After the study required under this 
     subsection has been completed, the Secretary may use Internal 
     Revenue Service data to prepopulate the electronic version of 
     the FAFSA if the Secretary, in a joint decision with the 
     Secretary of Treasury, determines that such use will not 
     significantly negatively impact students, institutions of 
     higher education, States, or the Federal Government based on 
     each of the following criteria:
       ``(A) Program costs.
       ``(B) Redistributive effects on students.
       ``(C) Accuracy of aid determinations.
       ``(D) Reduction of burden to the FAFSA filers.
       ``(E) Whether all States and institutions that currently 
     accept the Federal aid formula accept the use of data from 2 
     years prior to the date of a student's planned enrollment in 
     an institution of higher education to award Federal, State, 
     and institutional aid, and as a result will not require 
     students to complete any additional forms to receive this 
     aid.
       ``(6) Consultation.--The Secretary shall consult with the 
     Advisory Committee on Student Financial Assistance 
     established under section 491 as appropriate in carrying out 
     this subsection.
       ``(7) Report.--Not later than 1 year after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Comptroller General and the Secretary shall prepare and 
     submit a report on the results of the study required under 
     this subsection to the authorizing committees.''.

     SEC. 474. STUDENT ELIGIBILITY.

       (a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
       (1) in subsection (d), by adding at the end the following:
       ``(4) The student shall be determined by the institution of 
     higher education as having the ability to benefit from the 
     education or training offered by the institution of higher 
     education, upon satisfactory completion of 6 credit hours or 
     the equivalent coursework that are applicable toward a degree 
     or certificate offered by the institution of higher 
     education.'';
       (2) by striking subsection (l) and inserting the following:
       ``(l) Courses Offered Through Distance Education.--
       ``(1) Relation to correspondence courses.--
       ``(A) In general.--A student enrolled in a course of 
     instruction at an institution of higher education that is 
     offered principally through distance education and leads to a 
     recognized certificate, or associate, baccalaureate, or 
     graduate degree, conferred by such institution, shall not be 
     considered to be enrolled in correspondence courses.
       ``(B) Exception.--An institution of higher education 
     referred to in subparagraph (A) shall not include an 
     institution or school described in section 3(3)(C) of the 
     Carl D. Perkins Career and Technical Education Act of 2006.
       ``(2) Restriction or reductions of financial aid.--A 
     student's eligibility to receive grants, loans, or work 
     assistance under this title shall be reduced if a financial 
     aid officer determines under the discretionary authority 
     provided in section 479A that distance education results in a 
     substantially reduced cost of attendance to such student.
       ``(3) Special rule.--For award years prior to July 1, 2008, 
     the Secretary shall not take any compliance, disallowance, 
     penalty, or other action against a student or an eligible 
     institution when such action arises out of such institution's 
     prior award of student assistance under this title if the 
     institution demonstrates to the satisfaction of the Secretary 
     that its course of instruction would have been in conformance 
     with the requirements of this subsection.''; and
       (3) by adding at the end the following:
       ``(s) Students With Intellectual Disabilities.--
     Notwithstanding subsection (a), in order to receive any grant 
     or work assistance under subparts 1 and 3 of part A and part 
     C of this title, a student with an intellectual disability 
     shall--
       ``(1) be an individual with an intellectual disability 
     whose mental retardation or other significant cognitive 
     impairment substantially impacts the individual's 
     intellectual and cognitive functioning;
       ``(2)(A) be a student eligible for assistance under the 
     Individuals with Disabilities Education Act who has completed 
     secondary school; or
       ``(B) be an individual who is no longer eligible for 
     assistance under the Individuals with Disabilities Education 
     Act because the individual has exceeded the maximum age for 
     which the State provides a free appropriate public education;
       ``(3) be enrolled or accepted for enrollment in a 
     comprehensive transition and postsecondary education program 
     that--
       ``(A) is designed for students with an intellectual 
     disability who are seeking to continue academic, vocational, 
     and independent living instruction at the institution in 
     order to prepare for gainful employment and independent 
     living;
       ``(B) includes an advising and curriculum structure;
       ``(C) requires students to participate on at least a half-
     time basis, as determined by the institution; or
       ``(D) includes--
       ``(i) regular enrollment in courses offered by the 
     institution;
       ``(ii) auditing or participating in courses offered by the 
     institution for which the student does not receive regular 
     academic credit;
       ``(iii) enrollment in noncredit, nondegree courses;

[[Page 20506]]

       ``(iv) participation in internships; or
       ``(v) a combination of 2 or more of the activities 
     described in clauses (i) through (iv);
       ``(4) be maintaining satisfactory progress in the program 
     as determined by the institution, in accordance with 
     standards established by the institution; and
       ``(5) meet the requirements of paragraphs (3), (4), (5), 
     and (6) of subsection (a).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take affect on July 1, 2008.

     SEC. 475. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS.

       Section 484A (20 U.S.C. 1091a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) in collecting any obligation arising from a loan made 
     under part E of this title, an institution of higher 
     education that has an agreement with the Secretary pursuant 
     to section 463(a) shall not be subject to a defense raised by 
     any borrower based on a claim of infancy.''; and
       (2) by adding at the end the following:
       ``(d) Special Rule.--This section shall not apply in the 
     case of a student who is deceased or to a deceased student's 
     estate or the estate of such student's family. If a student 
     is deceased, then the student's estate or the estate of the 
     student's family shall not be required to repay any financial 
     assistance under this title, including interest paid on the 
     student's behalf, collection costs, or other charges 
     specified in this title.''.

     SEC. 476. INSTITUTIONAL REFUNDS.

       (a) Amendment.--Section 484B(c)(2) (20 U.S.C. 1091B(c)(2)) 
     is amended by striking ``may determine the appropriate 
     withdrawal date.'' and inserting ``may determine--
       ``(A) the appropriate withdrawal date; and
       ``(B) that the requirements of subsection (b)(2) do not 
     apply to the student.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2008.

     SEC. 477. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION 
                   FOR STUDENTS.

       Section 485 (20 U.S.C. 1092) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (G)--

       (I) by striking ``program, and'' and inserting 
     ``program,''; and
       (II) by inserting ``, and (iv) any plans by the institution 
     for improving the academic program of the institution'' after 
     ``instructional personnel''; and

       (ii) by striking subparagraph (M) and inserting the 
     following:
       ``(M) the terms and conditions of the loans that students 
     receive under parts B, D, and E;'';
       (iii) in subparagraph (N), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (O), by striking the period and 
     inserting a semicolon; and
       (v) by adding at the end the following:
       ``(P) institutional policies and sanctions related to 
     copyright infringement, including--
       ``(i) an annual disclosure that explicitly informs students 
     that unauthorized distribution of copyrighted material, 
     including unauthorized peer-to-peer file sharing, may subject 
     the students to civil and criminal liabilities;
       ``(ii) a summary of the penalties for violation of Federal 
     copyright laws;
       ``(iii) a description of the institution's policies with 
     respect to unauthorized peer-to-peer file sharing, including 
     disciplinary actions that are taken against students who 
     engage in unauthorized distribution of copyrighted materials 
     using the institution's information technology system; and
       ``(iv) a description of actions that the institution takes 
     to prevent and detect unauthorized distribution of 
     copyrighted material on the institution's information 
     technology system;
       ``(Q) student body diversity at the institution, including 
     information on the percentage of enrolled, full-time students 
     who are--
       ``(i) male;
       ``(ii) female;
       ``(iii) from a low-income background; and
       ``(iv) a self-identified member of a major racial or ethnic 
     group;
       ``(R) the placement in employment of, and types of 
     employment obtained by, graduates of the institution's degree 
     or certificate programs, gathered from such sources as alumni 
     surveys, student satisfaction surveys, the National Survey of 
     Student Engagement, the Community College Survey of Student 
     Engagement, State data systems, or other relevant sources;
       ``(S) the types of graduate and professional education in 
     which graduates of the institution's 4-year degree programs 
     enrolled, gathered from such sources as alumni surveys, 
     student satisfaction surveys, the National Survey of Student 
     Engagement, State data systems, or other relevant sources;
       ``(T) the fire safety report prepared by the institution 
     pursuant to subsection (i); and
       ``(U) the retention rate of certificate- or degree-seeking, 
     full-time, undergraduate students entering such 
     institution.'';
       (B) by striking paragraph (4) and inserting the following:
       ``(4) For purposes of this section, institutions may--
       ``(A) exclude from the information disclosed in accordance 
     with subparagraph (L) of paragraph (1) the completion or 
     graduation rates of students who leave school to serve in the 
     Armed Forces, on official church missions, or with a 
     recognized foreign aid service of the Federal Government; or
       ``(B) in cases where the students described in subparagraph 
     (A) represent 20 percent or more of the certificate- or 
     degree-seeking, full-time, undergraduate students at the 
     institution, the institution may recalculate the completion 
     or graduation rates of such students by excluding from the 
     calculation described in paragraph (3) the time period such 
     students were not enrolled due to their service in the Armed 
     Forces, on official church missions, or with a recognized 
     foreign aid service of the Federal Government.''; and
       (C) by adding at the end the following:
       ``(7) The information disclosed under subparagraph (L) of 
     paragraph (1), or reported under subsection (e), shall 
     include information disaggregated by gender, by each major 
     racial and ethnic subgroup, by recipients of a Federal Pell 
     Grant, by recipients of a loan made under this part or part D 
     (other than a loan made under section 428H or a Federal 
     Direct Unsubsidized Stafford Loan) who did not receive a 
     Federal Pell Grant, and by recipients of neither a Federal 
     Pell Grant nor a loan made under this part or part D (other 
     than a loan made under section 428H or a Federal Direct 
     Unsubsidized Stafford Loan), if the number of students in 
     such subgroup or with such status is sufficient to yield 
     statistically reliable information and reporting would not 
     reveal personally identifiable information about an 
     individual student. If such number is not sufficient for such 
     purposes, then the institution shall note that the 
     institution enrolled too few of such students to so disclose 
     or report with confidence and confidentiality.'';
       (2) in subsection (b)--
       (A) in paragraph (1)(A), by striking the subparagraph 
     designation and all that follows through ``465.'' and 
     inserting the following:
       ``(A) Each eligible institution shall, through financial 
     aid offices or otherwise, provide counseling to borrowers of 
     loans that are made, insured, or guaranteed under part B 
     (other than loans made pursuant to section 428C or loans made 
     to parents pursuant to section 428B), or made under part D 
     (other than Federal Direct Consolidation Loans or Federal 
     Direct PLUS Loans made to parents) or E, prior to the 
     completion of the course of study for which the borrower 
     enrolled at the institution or at the time of departure from 
     such institution. The counseling required by this subsection 
     shall include--
       ``(i) information on the repayment plans available, 
     including a discussion of the different features of each plan 
     and sample information showing the difference in interest 
     paid and total payments under each plan;
       ``(ii) the average anticipated monthly repayments under the 
     standard repayment plan and, at the borrower's request, the 
     other repayment plans for which the borrower is eligible;
       ``(iii) such debt and management strategies as the 
     institution determines are designed to facilitate the 
     repayment of such indebtedness;
       ``(iv) an explanation that the borrower has the ability to 
     prepay each such loan, pay the loan on a shorter schedule, 
     and change repayment plans;
       ``(v) the terms and conditions under which the student may 
     obtain full or partial forgiveness or cancellation of 
     principal or interest under sections 428J, 460, and 465 (to 
     the extent that such sections are applicable to the student's 
     loans);
       ``(vi) the terms and conditions under which the student may 
     defer repayment of principal or interest or be granted 
     forbearance under subsections (b)(1)(M) and (o) of section 
     428, 428H(e)(7), subsections (f) and (l) of section 455, and 
     section 464(c)(2), and the potential impact of such deferment 
     or forbearance;
       ``(vii) the consequences of default on such loans;
       ``(viii) information on the effects of using a 
     consolidation loan to discharge the borrower's loans under 
     parts B, D, and E, including, at a minimum--

       ``(I) the effects of consolidation on total interest to be 
     paid, fees to be paid, and length of repayment;
       ``(II) the effects of consolidation on a borrower's 
     underlying loan benefits, including all grace periods, loan 
     forgiveness, cancellation, and deferment opportunities;
       ``(III) the ability of the borrower to prepay the loan or 
     change repayment plans; and
       ``(IV) that borrower benefit programs may vary among 
     different loan holders; and

       ``(ix) a notice to borrowers about the availability of the 
     National Student Loan Data System and how the system can be 
     used by a borrower to obtain information on the status of the 
     borrower's loans.''; and
       (B) by adding at the end the following:
       ``(3) Each eligible institution shall, during the exit 
     interview required by this subsection, provide to a borrower 
     of a loan made under part B, D, or E a clear and conspicuous 
     notice describing the general effects of using

[[Page 20507]]

     a consolidation loan to discharge the borrower's student 
     loans, including--
       ``(A) the effects of consolidation on total interest to be 
     paid, fees to be paid, and length of repayment;
       ``(B) the effects of consolidation on a borrower's 
     underlying loan benefits, including loan forgiveness, 
     cancellation, and deferment;
       ``(C) the ability for the borrower to prepay the loan, pay 
     on a shorter schedule, and to change repayment plans, and 
     that borrower benefit programs may vary among different loan 
     holders;
       ``(D) a general description of the types of tax benefits 
     which may be available to borrowers of student loans; and
       ``(E) the consequences of default.'';
       (3) in subsection (d)(2)--
       (A) by inserting ``grant assistance, as well as State'' 
     after ``describing State''; and
       (B) by inserting ``and other means, including through the 
     Internet'' before the period at the end;
       (4) in subsection (e), by striking paragraph (3) and 
     inserting the following:
       ``(3) For purposes of this subsection, institutions may--
       ``(A) exclude from the reporting requirements under 
     paragraphs (1) and (2) the completion or graduation rates of 
     students and student athletes who leave school to serve in 
     the Armed Forces, on official church missions, or with a 
     recognized foreign aid service of the Federal Government; or
       ``(B) in cases where the students described in subparagraph 
     (A) represent 20 percent or more of the certificate- or 
     degree-seeking, full-time, undergraduate students at the 
     institution, the institution may calculate the completion or 
     graduation rates of such students by excluding from the 
     calculations described in paragraph (1) the time period such 
     students were not enrolled due to their service in the Armed 
     Forces, on official church missions, or with a recognized 
     foreign aid service of the Federal Government.'';
       (5) in subsection (f)--
       (A) in paragraph (1)--
       (i) the matter preceding subparagraph (A), by inserting ``, 
     other than a foreign institution of higher education,'' after 
     ``under this title''; and
       (ii) by adding at the end the following:
       ``(J) A statement of current campus policies regarding 
     immediate emergency response and evacuation procedures, 
     including the use of electronic and cellular communication 
     (if appropriate), which policies shall include procedures--
       ``(i) to notify the campus community in a reasonable and 
     timely manner in the event of a significant emergency or 
     dangerous situation, involving an immediate threat to the 
     health or safety of students or staff, occurring on the 
     campus;
       ``(ii) to publicize emergency response and evacuation 
     procedures on an annual basis in a manner designed to reach 
     students and staff; and
       ``(iii) to test emergency response and evacuation 
     procedures on an annual basis.'';
       (B) by redesignating paragraph (15) as paragraph (17); and
       (C) by inserting after paragraph (14) the following:
       ``(15) Compliance report.--The Secretary shall annually 
     report to the authorizing committees regarding compliance 
     with this subsection by institutions of higher education, 
     including an up-to-date report on the Secretary's monitoring 
     of such compliance.
       ``(16) Best practices.--The Secretary may seek the advice 
     and counsel of the Attorney General concerning the 
     development, and dissemination to institutions of higher 
     education, of best practices information about campus safety 
     and emergencies.''; and
       (6) by adding at the end the following:
       ``(h) Transfer of Credit Policies.--
       ``(1) Disclosure.--Each institution of higher education 
     participating in any program under this title shall publicly 
     disclose in a readable and comprehensible manner the transfer 
     of credit policies established by the institution which shall 
     include a statement of the institution's current transfer of 
     credit policies that includes, at a minimum--
       ``(A) any established criteria the institution uses 
     regarding the transfer of credit earned at another 
     institution of higher education; and
       ``(B) a list of institutions of higher education with which 
     the institution has established an articulation agreement.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to--
       ``(A) authorize the Secretary or the Accreditation and 
     Institutional Quality and Integrity Advisory Committee to 
     require particular policies, procedures, or practices by 
     institutions of higher education with respect to transfer of 
     credit;
       ``(B) authorize an officer or employee of the Department to 
     exercise any direction, supervision, or control over the 
     curriculum, program of instruction, administration, or 
     personnel of any institution of higher education, or over any 
     accrediting agency or association;
       ``(C) limit the application of the General Education 
     Provisions Act; or
       ``(D) create any legally enforceable right on the part of a 
     student to require an institution of higher education to 
     accept a transfer of credit from another institution.
       ``(i) Disclosure of Fire Safety Standards and Measures.--
       ``(1) Annual fire safety reports on student housing 
     required.--Each eligible institution participating in any 
     program under this title shall, on an annual basis, publish a 
     fire safety report, which shall contain information with 
     respect to the campus fire safety practices and standards of 
     that institution, including--
       ``(A) statistics concerning the following in each on-campus 
     student housing facility during the most recent calendar 
     years for which data are available--
       ``(i) the number of fires and the cause of each fire;
       ``(ii) the number of injuries related to a fire that result 
     in treatment at a medical facility;
       ``(iii) the number of deaths related to a fire; and
       ``(iv) the value of property damage caused by a fire;
       ``(B) a description of each on-campus student housing 
     facility fire safety system, including the fire sprinkler 
     system;
       ``(C) the number of regular mandatory supervised fire 
     drills;
       ``(D) policies or rules on portable electrical appliances, 
     smoking, and open flames (such as candles), procedures for 
     evacuation, and policies regarding fire safety education and 
     training programs provided to students, faculty, and staff; 
     and
       ``(E) plans for future improvements in fire safety, if 
     determined necessary by such institution.
       ``(2) Report to the secretary.--Each eligible institution 
     participating in any program under this title shall, on an 
     annual basis submit to the Secretary a copy of the statistics 
     required to be made available under subparagraph (A).
       ``(3) Current information to campus community.--Each 
     institution participating in any program under this title 
     shall--
       ``(A) make, keep, and maintain a log, recording all fires 
     in on-campus student housing facilities, including the 
     nature, date, time, and general location of each fire; and
       ``(B) make annual reports to the campus community on such 
     fires.
       ``(4) Responsibilities of the secretary.--The Secretary 
     shall--
       ``(A) make such statistics submitted to the Secretary 
     available to the public; and
       ``(B) in coordination with nationally recognized fire 
     organizations and representatives of institutions of higher 
     education, representatives of associations of institutions of 
     higher education, and other organizations that represent and 
     house a significant number of students--
       ``(i) identify exemplary fire safety policies, procedures, 
     programs, and practices;
       ``(ii) disseminate information to the Administrator of the 
     United States Fire Administration;
       ``(iii) make available to the public information concerning 
     those policies, procedures, programs, and practices that have 
     proven effective in the reduction of fires; and
       ``(iv) develop a protocol for institutions to review the 
     status of their fire safety systems.
       ``(5) Rules of construction.--Nothing in this subsection 
     shall be construed to--
       ``(A) authorize the Secretary to require particular 
     policies, procedures, programs, or practices by institutions 
     of higher education with respect to fire safety, other than 
     with respect to the collection, reporting, and dissemination 
     of information required by this subsection;
       ``(B) affect the Family Educational Rights and Privacy Act 
     of 1974 or the regulations issued under section 264 of the 
     Health Insurance Portability and Accountability Act of 1996 
     (42 U.S.C. 1320d-2 note);
       ``(C) create a cause of action against any institution of 
     higher education or any employee of such an institution for 
     any civil liability; and
       ``(D) establish any standard of care.
       ``(6) Compliance report.--The Secretary shall annually 
     report to the authorizing committees regarding compliance 
     with this subsection by institutions of higher education, 
     including an up-to-date report on the Secretary's monitoring 
     of such compliance.
       ``(7) Evidence.--Notwithstanding any other provision of 
     law, evidence regarding compliance or noncompliance with this 
     subsection shall not be admissible as evidence in any 
     proceeding of any court, agency, board, or other entity, 
     except with respect to an action to enforce this 
     subsection.''.

     SEC. 478. ENTRANCE COUNSELING REQUIRED.

       Section 485 (as amended by section 477) is further 
     amended--
       (1) by redesignating subsections (b) through (i) as 
     subsections (c) through (j), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Entrance Counseling for Borrowers.--
       ``(1) Disclosure required prior to disbursement.--
       ``(A) In general.--Each eligible institution shall, at or 
     prior to the time of a disbursement to a first-time student 
     borrower of a loan made, insured, or guaranteed under part B 
     or D, ensure that the borrower receives comprehensive 
     information on the terms and conditions of the loan and the 
     responsibilities the borrower has with respect to such

[[Page 20508]]

     loan. Such information shall be provided in simple and 
     understandable terms and may be provided--
       ``(i) during an entrance counseling session conducted in 
     person;
       ``(ii) on a separate written form provided to the borrower 
     that the borrower signs and returns to the institution; or
       ``(iii) online, with the borrower acknowledging receipt and 
     understanding of the information.
       ``(B) Use of interactive programs.--The Secretary shall 
     encourage institutions to carry out the requirements of 
     subparagraph (A) through the use of interactive programs that 
     test the borrowers' understanding of the terms and conditions 
     of the borrowers' loans under part B or D, using 
     comprehensible language and displays with clear formatting.
       ``(2) Information to be provided.--The information provided 
     to the borrower under paragraph (1)(A) shall include--
       ``(A) an explanation of the use of the Master Promissory 
     Note;
       ``(B) in the case of a loan made under section 428B or 
     428H, a Federal Direct PLUS Loan, or a Federal Direct 
     Unsubsidized Stafford Loan--
       ``(i) the ability of the borrower to pay the interest while 
     the borrower is in school; and
       ``(ii) how often interest is capitalized;
       ``(C) the definition of half-time enrollment at the 
     institution, during regular terms and summer school, if 
     applicable, and the consequences of not maintaining half-time 
     enrollment;
       ``(D) an explanation of the importance of contacting the 
     appropriate institutional offices if the borrower withdraws 
     prior to completing the borrower's program of study so that 
     the institution can provide exit counseling, including 
     information regarding the borrower's repayment options and 
     loan consolidation;
       ``(E) the obligation of the borrower to repay the full 
     amount of the loan even if the borrower does not complete the 
     program in which the borrower is enrolled;
       ``(F) information on the National Student Loan Data System 
     and how the borrower can access the borrower's records; and
       ``(G) the name of an individual the borrower may contact if 
     the borrower has any questions about the borrower's rights 
     and responsibilities or the terms and conditions of the 
     loan.''.

     SEC. 479. NATIONAL STUDENT LOAN DATA SYSTEM.

       Section 485B (20 U.S.C. 1092b) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (6) through (10) as 
     paragraphs (7) through (11), respectively;
       (B) in paragraph (5) (as added by Public Law 101-610), by 
     striking ``effectiveness.'' and inserting ``effectiveness;''; 
     and
       (C) by redesignating paragraph (5) (as added by Public Law 
     101-234) as paragraph (6);
       (2) by redesignating subsections (d) through (g) as 
     subsections (e) through (h), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Principles for Administering the Data System.--In 
     managing the National Student Loan Data System, the Secretary 
     shall take actions necessary to maintain confidence in the 
     data system, including, at a minimum--
       ``(1) ensuring that the primary purpose of access to the 
     data system by guaranty agencies, eligible lenders, and 
     eligible institutions of higher education is for legitimate 
     program operations, such as the need to verify the 
     eligibility of a student, potential student, or parent for 
     loans under part B, D, or E;
       ``(2) prohibiting nongovernmental researchers and policy 
     analysts from accessing personally identifiable information;
       ``(3) creating a disclosure form for students and potential 
     students that is distributed when such students complete the 
     common financial reporting form under section 483, and as a 
     part of the exit counseling process under section 485(b), 
     that--
       ``(A) informs the students that any title IV grant or loan 
     the students receive will be included in the National Student 
     Loan Data System, and instructs the students on how to access 
     that information;
       ``(B) describes the categories of individuals or entities 
     that may access the data relating to such grant or loan 
     through the data system, and for what purposes access is 
     allowed;
       ``(C) defines and explains the categories of information 
     included in the data system;
       ``(D) provides a summary of the provisions of the Family 
     Educational Rights and Privacy Act of 1974 and other 
     applicable Federal privacy statutes, and a statement of the 
     students' rights and responsibilities with respect to such 
     statutes;
       ``(E) explains the measures taken by the Department to 
     safeguard the students' data; and
       ``(F) includes other information as determined appropriate 
     by the Secretary;
       ``(4) requiring guaranty agencies, eligible lenders, and 
     eligible institutions of higher education that enter into an 
     agreement with a potential student, student, or parent of 
     such student regarding a loan under part B, D, or E, to 
     inform the student or parent that such loan shall be--
       ``(A) submitted to the data system; and
       ``(B) accessible to guaranty agencies, eligible lenders, 
     and eligible institutions of higher education determined by 
     the Secretary to be authorized users of the data system;
       ``(5) regularly reviewing the data system to--
       ``(A) delete inactive users from the data system;
       ``(B) ensure that the data in the data system are not being 
     used for marketing purposes; and
       ``(C) monitor the use of the data system by guaranty 
     agencies and eligible lenders to determine whether an agency 
     or lender is accessing the records of students in which the 
     agency or lender has no existing financial interest; and
       ``(6) developing standardized protocols for limiting access 
     to the data system that include--
       ``(A) collecting data on the usage of the data system to 
     monitor whether access has been or is being used contrary to 
     the purposes of the data system;
       ``(B) defining the steps necessary for determining whether, 
     and how, to deny or restrict access to the data system; and
       ``(C) determining the steps necessary to reopen access to 
     the data system following a denial or restriction of 
     access.''; and
       (4) by striking subsection (e) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(e) Reports to Congress.--
       ``(1) Annual report.--Not later than September 30 of each 
     fiscal year, the Secretary shall prepare and submit to the 
     appropriate committees of Congress a report describing--
       ``(A) the results obtained by the establishment and 
     operation of the National Student Loan Data System authorized 
     by this section;
       ``(B) the effectiveness of existing privacy safeguards in 
     protecting student and parent information in the data system;
       ``(C) the success of any new authorization protocols in 
     more effectively preventing abuse of the data system;
       ``(D) the ability of the Secretary to monitor how the 
     system is being used, relative to the intended purposes of 
     the data system; and
       ``(E) any protocols developed under subsection (d)(6) 
     during the preceding fiscal year.
       ``(2) Study.--
       ``(A) In general.--The Secretary shall conduct a study 
     regarding--
       ``(i) available mechanisms for providing students and 
     parents with the ability to opt in or opt out of allowing 
     eligible lenders to access their records in the National 
     Student Loan Data System; and
       ``(ii) appropriate protocols for limiting access to the 
     data system, based on the risk assessment required under 
     subchapter III of chapter 35 of title 44, United States Code.
       ``(B) Submission of study.--Not later than 3 years after 
     the date of enactment of the Higher Education Amendments of 
     2007, the Secretary shall prepare and submit a report on the 
     findings of the study to the appropriate committees of 
     Congress.''.

     SEC. 480. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.

       Part G of title IV (20 U.S.C. 1088 et seq.) is further 
     amended by inserting after section 485D (20 U.S.C. 1092c) the 
     following:

     ``SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.

       ``(a) In General.--The Secretary shall implement, in 
     cooperation with States, institutions of higher education, 
     secondary schools, middle schools, early intervention and 
     outreach programs under this title, other agencies and 
     organizations involved in student financial assistance and 
     college access, public libraries, community centers, 
     employers, and businesses, a comprehensive system of early 
     financial aid information in order to provide students and 
     families with early information about financial aid and early 
     estimates of such students' eligibility for financial aid 
     from multiple sources. Such system shall include the 
     activities described in subsections (b) and (c).
       ``(b) Communication of Availability of Aid and Aid 
     Eligibility.--
       ``(1) Students who receive benefits.--The Secretary shall--
       ``(A) make special efforts to notify students, who receive 
     or are eligible to receive benefits under a Federal means-
     tested benefit program (including the food stamp program 
     under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)) or 
     another such benefit program as determined by the Secretary, 
     of such students' potential eligibility for a maximum Federal 
     Pell Grant under subpart 1 of part A; and
       ``(B) disseminate such informational materials as the 
     Secretary determines necessary.
       ``(2) Middle school students.--The Secretary, in 
     cooperation with States, institutions of higher education, 
     other organizations involved in college access and student 
     financial aid, middle schools, and programs under this title 
     that serve middle school students, shall make special efforts 
     to notify students and their parents of the availability of 
     financial aid under this title and, in accordance with 
     subsection (c), shall provide nonbinding estimates of grant 
     and loan aid that an individual may be eligible for under 
     this title upon completion of an application form under 
     section 483(a). The Secretary

[[Page 20509]]

     shall ensure that such information is as accurate as possible 
     and that such information is provided in an age-appropriate 
     format using dissemination mechanisms suitable for students 
     in middle school.
       ``(3) Secondary school students.--The Secretary, in 
     cooperation with States, institutions of higher education, 
     other organizations involved in college access and student 
     financial aid, secondary schools, and programs under this 
     title that serve secondary school students, shall make 
     special efforts to notify students in secondary school and 
     their parents, as early as possible but not later than such 
     students' junior year of secondary school, of the 
     availability of financial aid under this title and, in 
     accordance with subsection (c), shall provide nonbinding 
     estimates of the amounts of grant and loan aid that an 
     individual may be eligible for under this title upon 
     completion of an application form under section 483(a). The 
     Secretary shall ensure that such information is as accurate 
     as possible and that such information is provided in an age-
     appropriate format using dissemination mechanisms suitable 
     for students in secondary school.
       ``(4) Adult learners.--The Secretary, in cooperation with 
     States, institutions of higher education, other organizations 
     involved in college access and student financial aid, 
     employers, workforce investment boards and public libraries, 
     shall make special efforts to provide individuals who would 
     qualify as independent students, as defined in section 
     480(d), with information regarding the availability of 
     financial aid under this title and, in accordance with 
     subsection (c), with nonbinding estimates of the amounts of 
     grant and loan aid that an individual may be eligible for 
     under this title upon completion of an application form under 
     section 483(a). The Secretary shall ensure that such 
     information--
       ``(A) is as accurate as possible;
       ``(B) includes specific information regarding the 
     availability of financial aid for students qualified as 
     independent students, as defined in section 480(d); and
       ``(C) uses dissemination mechanisms suitable for adult 
     learners.
       ``(5) Public awareness campaign.--Not later than 2 years 
     after the date of enactment of the Higher Education 
     Amendments of 2007, the Secretary, in coordination with 
     States, institutions of higher education, early intervention 
     and outreach programs under this title, other agencies and 
     organizations involved in student financial aid, local 
     educational agencies, public libraries, community centers, 
     businesses, employers, employment services, workforce 
     investment boards, and movie theaters, shall implement a 
     public awareness campaign in order to increase national 
     awareness regarding the availability of financial aid under 
     this title. The public awareness campaign shall disseminate 
     accurate information regarding the availability of financial 
     aid under this title and shall be implemented, to the extent 
     practicable, using a variety of media, including print, 
     television, radio and the Internet. The Secretary shall 
     design and implement the public awareness campaign based upon 
     relevant independent research and the information and 
     dissemination strategies found most effective in implementing 
     paragraphs (1) through (4).
       ``(c) Availability of Nonbinding Estimates of Federal 
     Financial Aid Eligibility.--
       ``(1) In general.--The Secretary, in cooperation with 
     States, institutions of higher education, and other agencies 
     and organizations involved in student financial aid, shall 
     provide, via a printed form and the Internet or other 
     electronic means, the capability for individuals to determine 
     easily, by entering relevant data, nonbinding estimates of 
     amounts of grant and loan aid an individual may be eligible 
     for under this title upon completion and processing of an 
     application and enrollment in an institution of higher 
     education.
       ``(2) Data elements.--The Secretary, in cooperation with 
     States, institutions of higher education, and other agencies 
     and organizations involved in student financial aid, shall 
     determine the data elements that are necessary to create a 
     simplified form that individuals can use to obtain easily 
     nonbinding estimates of the amounts of grant and loan aid an 
     individual may be eligible for under this title.
       ``(3) Qualification to use simplified application.--The 
     capability provided under this paragraph shall include the 
     capability to determine whether the individual is eligible to 
     submit a simplified application form under paragraph (2)(B) 
     or (3)(B) of section 483(a).''.

     SEC. 481. PROGRAM PARTICIPATION AGREEMENTS.

       Section 487 (20 U.S.C. 1094) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (21), (22), and (23) as 
     paragraphs (22), (23), and (24), respectively;
       (B) by inserting after paragraph (20) the following:
       ``(21) Code of conduct.--
       ``(A) In general.--The institution will establish, follow, 
     and enforce a code of conduct regarding student loans that 
     includes not less than the following:
       ``(i) Revenue sharing prohibition.--The institution is 
     prohibited from receiving anything of value from any lender 
     in exchange for any advantage sought by the lender to make 
     educational loans to a student enrolled, or who is expected 
     to be enrolled, at the institution, except that an 
     institution shall not be prohibited from receiving a 
     philanthropic contribution from a lender if the contribution 
     is not made in exchange for any such advantage.
       ``(ii) Gift and trip prohibition.--Any employee who is 
     employed in the financial aid office of the institution, or 
     who otherwise has responsibilities with respect to 
     educational loans or other financial aid of the institution, 
     is prohibited from taking from any lender any gift or trip 
     worth more than nominal value, except for reasonable expenses 
     for professional development that will improve the efficiency 
     and effectiveness of programs under this title and for 
     domestic travel to such professional development.
       ``(iii) Contracting arrangements.--Any employee who is 
     employed in the financial aid office of the institution, or 
     who otherwise has responsibilities with respect to 
     educational loans or other financial aid of the institution, 
     shall be prohibited from entering into any type of consulting 
     arrangement or other contract to provide services to a 
     lender.
       ``(iv) Advisory board compensation.--Any employee who is 
     employed in the financial aid office of the institution, or 
     who otherwise has responsibilities with respect to 
     educational loans or other student financial aid of the 
     institution, and who serves on an advisory board, commission, 
     or group established by a lender or group of lenders shall be 
     prohibited from receiving anything of value from the lender 
     or group of lenders, except that the employee may be 
     reimbursed for reasonable expenses incurred in serving on 
     such advisory board, commission or group.
       ``(v) Interaction with borrowers.--The institution will 
     not--

       ``(I) for any first-time borrower, assign, through award 
     packaging or other methods, the borrower's loan to a 
     particular lender; and
       ``(II) refuse to certify, or, delay certification of, any 
     loan in accordance with paragraph (6) based on the borrower's 
     selection of a particular lender or guaranty agency.

       ``(B) Designation.--The institution will designate an 
     individual who shall be responsible for signing an annual 
     attestation on behalf of the institution that the institution 
     agrees to, and is in compliance with, the requirements of the 
     code of conduct described in this paragraph. Such individual 
     shall be the chief executive officer, chief operating 
     officer, chief financial officer, or comparable official, of 
     the institution, and shall annually submit the signed 
     attestation to the Secretary.
       ``(C) Availability.--The institution will make the code of 
     conduct widely available to the institution's faculty 
     members, students, and parents through a variety of means, 
     including the institution's website.'';
       (C) in paragraph (24) (as redesignated by subparagraph 
     (A)), by adding at the end the following:
       ``(D) In the case of a proprietary institution of higher 
     education as defined in section 102(b), the institution shall 
     be considered in compliance with the requirements of 
     subparagraph (A) for any student to whom the institution 
     electronically transmits a message containing a voter 
     registration form acceptable for use in the State in which 
     the institution is located, or an Internet address where such 
     a form can be downloaded, if such information is in an 
     electronic message devoted solely to voter registration.''; 
     and
       (D) by adding at the end the following:
       ``(25) In the case of a proprietary institution of higher 
     education as defined in section 102(b), the institution will, 
     as calculated in accordance with subsection (h)(1), have not 
     less than 10 percent of its revenues from sources other than 
     funds provided under this title, or will be subject to the 
     sanctions described in subsection (h)(2).
       ``(26) Preferred lender lists.--
       ``(A) In general.--In the case of an institution (including 
     an employee or agent of an institution) that maintains a 
     preferred lender list, in print or any other medium, through 
     which the institution recommends one or more specific lenders 
     for loans made under part B to the students attending the 
     institution (or the parents of such students), the 
     institution will--
       ``(i) clearly and fully disclose on the preferred lender 
     list--

       ``(I) why the institution has included each lender as a 
     preferred lender, especially with respect to terms and 
     conditions favorable to the borrower; and
       ``(II) that the students attending the institution (or the 
     parents of such students) do not have to borrow from a lender 
     on the preferred lender list;

       ``(ii) ensure, through the use of the list provided by the 
     Secretary under subparagraph (C), that--

       ``(I) there are not less than 3 lenders named on the 
     preferred lending list that are not affiliates of each other; 
     and
       ``(II) the preferred lender list--

       ``(aa) specifically indicates, for each lender on the list, 
     whether the lender is or is not an affiliate of each other 
     lender on the list; and

[[Page 20510]]

       ``(bb) if the lender is an affiliate of another lender on 
     the list, describes the specifics of such affiliation; and
       ``(iii) establish a process to ensure that lenders are 
     placed upon the preferred lender list on the basis of the 
     benefits provided to borrowers, including --

       ``(I) highly competitive interest rates, terms, or 
     conditions for loans made under part B;
       ``(II) high-quality customer service for such loans; or
       ``(III) additional benefits beyond the standard terms and 
     conditions for such loans.

       ``(B) Definition of affiliate; control.--
       ``(i) Definition of affiliate.--For the purposes of 
     subparagraph (A)(ii) the term `affiliate' means a person that 
     controls, is controlled by, or is under common control with, 
     another person.
       ``(ii) Control.--For purposes of subparagraph (A)(ii), a 
     person has control over another person if--

       ``(I) the person directly or indirectly, or acting through 
     1 or more others, owns, controls, or has the power to vote 5 
     percent or more of any class of voting securities of such 
     other person;
       ``(II) the person controls, in any manner, the election of 
     a majority of the directors or trustees of such other person; 
     or
       ``(III) the Secretary determines (after notice and 
     opportunity for a hearing) that the person directly or 
     indirectly exercises a controlling interest over the 
     management or policies of such other person.

       ``(C) List of lender affiliates.--The Secretary, in 
     consultation with the Director of the Federal Deposit 
     Insurance Corporation, shall maintain and update a list of 
     lender affiliates of all eligible lenders, and shall provide 
     such list to the eligible institutions for use in carrying 
     out subparagraph (A).'';
       (2) in subsection (c)(1)(A)(i), by inserting ``, except 
     that the Secretary may modify the requirements of this clause 
     with regard to an institution outside the United States'' 
     before the semicolon at the end;
       (3) by redesignating subsections (d) and (e) as subsection 
     (f) and (g), respectively;
       (4) by inserting after subsection (c) the following:
       ``(d) Institutional Requirements for Teach-Outs.--
       ``(1) In general.--In the event the Secretary initiates the 
     limitation, suspension, or termination of the participation 
     of an institution of higher education in any program under 
     this title under the authority of subsection (c)(1)(F) or 
     initiates an emergency action under the authority of 
     subsection (c)(1)(G) and its prescribed regulations, the 
     Secretary shall require that institution to prepare a teach-
     out plan for submission to the institution's accrediting 
     agency or association in compliance with section 496(c)(4), 
     the Secretary's regulations on teach-out plans, and the 
     standards of the institution's accrediting agency or 
     association.
       ``(2) Teach-out plan defined.--In this subsection, the term 
     `teach-out plan' means a written plan that provides for the 
     equitable treatment of students if an institution of higher 
     education ceases to operate before all students have 
     completed their program of study, and may include, if 
     required by the institution's accrediting agency or 
     association, an agreement between institutions for such a 
     teach-out plan.
       ``(e) Violation of Code of Conduct Regarding Student 
     Loans.--
       ``(1) In general.--Upon a finding by the Secretary, after 
     reasonable notice and an opportunity for a hearing, that an 
     institution of higher education that has entered into a 
     program participation agreement with the Secretary under 
     subsection (a) willfully contravened the institution's 
     attestation of compliance with the provisions of subsection 
     (a)(21), the Secretary may impose a penalty described in 
     paragraph (2).
       ``(2) Penalties.--A violation of paragraph (1) shall result 
     in the limitation, suspension, or termination of the 
     eligibility of the institution for the loan programs under 
     this title.''; and
       (5) by adding at the end the following:
       ``(h) Implementation of Nontitle IV Revenue Requirement.--
       ``(1) Calculation.--In carrying out subsection (a)(27), a 
     proprietary institution of higher education (as defined in 
     section 102(b)) shall use the cash basis of accounting and 
     count the following funds as from sources of funds other than 
     funds provided under this title:
       ``(A) Funds used by students from sources other than funds 
     received under this title to pay tuition, fees, and other 
     institutional charges to the institution, provided the 
     institution can reasonably demonstrate that such funds were 
     used for such purposes.
       ``(B) Funds used by the institution to satisfy matching-
     fund requirements for programs under this title.
       ``(C) Funds used by a student from savings plans for 
     educational expenses established by or on behalf of the 
     student and which qualify for special tax treatment under the 
     Internal Revenue Code of 1986.
       ``(D) Funds paid by a student, or on behalf of a student by 
     a party other than the institution, to the institution for an 
     education or training program that is not eligible for funds 
     under this title, provided that the program is approved or 
     licensed by the appropriate State agency or an accrediting 
     agency recognized by the Secretary.
       ``(E) Funds generated by the institution from institutional 
     activities that are necessary for the education and training 
     of the institution's students, if such activities are--
       ``(i) conducted on campus or at a facility under the 
     control of the institution;
       ``(ii) performed under the supervision of a member of the 
     institution's faculty; and
       ``(iii) required to be performed by all students in a 
     specific educational program at the institution.
       ``(F) Institutional aid, as follows:
       ``(i) In the case of loans made by the institution, only 
     the amount of loan repayments received by the institution 
     during the fiscal year for which the determination is made.
       ``(ii) In the case of scholarships provided by the 
     institution, only those scholarship funds provided by the 
     institution that are--

       ``(I) in the form of monetary aid based upon the academic 
     achievements or financial need of students; and
       ``(II) disbursed during the fiscal year for which the 
     determination is made from an established restricted account 
     and only to the extent that the funds in that account 
     represent designated funds from an outside source or income 
     earned on those funds.

       ``(iii) In the case of tuition discounts, only those 
     tuition discounts based upon the academic achievement or 
     financial need of students.
       ``(2) Sanctions.--
       ``(A) Failure to meet requirement for 1 year.--In addition 
     to such other means of enforcing the requirements of this 
     title as may be available to the Secretary, if an institution 
     fails to meet the requirements of subsection (a)(27) in any 
     year, the Secretary may impose 1 or both of the following 
     sanctions on the institution:
       ``(i) Place the institution on provisional certification in 
     accordance with section 498(h) until the institution 
     demonstrates, to the satisfaction of the Secretary, that it 
     is in compliance with subsection (a)(27).
       ``(ii) Require such other increased monitoring and 
     reporting requirements as the Secretary determines necessary 
     until the institution demonstrates, to the satisfaction of 
     the Secretary, that it is in compliance with subsection 
     (a)(27).
       ``(B) Failure to meet requirement for 2 years.--An 
     institution that fails to meet the requirements of subsection 
     (a)(27) for 2 consecutive years shall be ineligible to 
     participate in the programs authorized under this title until 
     the institution demonstrates, to the satisfaction of the 
     Secretary, that it is in compliance with subsection (a)(27).
       ``(3) Public availability of information.--The Secretary 
     shall make publicly available, through the means described in 
     subsection (b) of section 131, any institution that fails to 
     meet the requirements of subsection (a)(27) in any year as an 
     institution that is failing to meet the minimum non-Federal 
     source of revenue requirements of such subsection (a)(27).''.

     SEC. 482. REGULATORY RELIEF AND IMPROVEMENT.

       Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``1998'' and inserting ``2007''; and
       (B) by striking ``1999'' and inserting ``2008''; and
       (2) by striking the matter preceding paragraph (2)(A) and 
     inserting the following:
       ``(2) Report.--The Secretary shall review and evaluate the 
     experience of institutions participating as experimental 
     sites and shall, on a biennial basis, submit a report based 
     on the review and evaluation to the authorizing committees. 
     Such report shall include--''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``Upon the submission of the report 
     required by paragraph (2), the'' and inserting ``The''; and
       (ii) by inserting ``periodically'' after ``authorized to'';
       (B) by striking subparagraph (B);
       (C) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (D) in subparagraph (B) (as redesignated by subparagraph 
     (C))--
       (i) by inserting ``, including requirements related to the 
     award process and disbursement of student financial aid (such 
     as innovative delivery systems for modular or compressed 
     courses, or other innovative systems), verification of 
     student financial aid application data, entrance and exit 
     interviews, or other management procedures or processes as 
     determined in the negotiated rulemaking process under section 
     492'' after ``requirements in this title'';
       (ii) by inserting ``(other than an award rule related to an 
     experiment in modular or compressed schedules)'' after 
     ``award rules''; and
       (iii) by inserting ``unless the waiver of such provisions 
     is authorized by another provision under this title'' before 
     the period at the end.

     SEC. 483. TRANSFER OF ALLOTMENTS.

       Section 488 (20 U.S.C. 1095) is amended in the first 
     sentence--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking ``413D.'' and inserting 
     ``413D; and''; and

[[Page 20511]]

       (3) by adding at the end ``(3) transfer 25 percent of the 
     institution's allotment under section 413D to the 
     institution's allotment under section 442.''.

     SEC. 484. PURPOSE OF ADMINISTRATIVE PAYMENTS.

       Section 489(b) (20 U.S.C. 1096(b)) is amended by striking 
     ``offsetting the administrative costs of'' and inserting 
     ``administering''.

     SEC. 485. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.

       Section 491 (20 U.S.C. 1098) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking the period and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) to provide knowledge and understanding of early 
     intervention programs, and to make recommendations that will 
     result in early awareness by low- and moderate-income 
     students and families--
       ``(i) of their eligibility for assistance under this title; 
     and
       ``(ii) to the extent practicable, of their eligibility for 
     other forms of State and institutional need-based student 
     assistance; and
       ``(E) to make recommendations that will expand and improve 
     partnerships among the Federal Government, States, 
     institutions of higher education, and private entities to 
     increase the awareness and the total amount of need-based 
     student assistance available to low- and moderate-income 
     students.'';
       (2) in subsection (c), by adding at the end the following:
       ``(3) The appointment of a member under subparagraph (A) or 
     (B) of paragraph (1) shall be effective upon confirmation of 
     the member by the Senate and publication of such appointment 
     in the Congressional Record.'';
       (3) in subsection (d)(6), by striking ``, but nothing'' and 
     all that follows through ``or analyses'';
       (4) in subsection (j)--
       (A) in paragraph (1)--
       (i) by inserting ``and simplification'' after 
     ``modernization'' each place the term appears; and
       (ii) by striking ``including'' and all that follows through 
     ``Department,''; and
       (B) by striking paragraphs (4) and (5) and inserting the 
     following:
       ``(4) conduct a review and analysis of regulations in 
     accordance with subsection (l); and
       ``(5) conduct a study in accordance with subsection (m).'';
       (5) in subsection (k), by striking ``2004'' and inserting 
     ``2013''; and
       (6) by adding at the end the following:
       ``(l) Review and Analysis of Regulations.--
       ``(1) Recommendations.--The Advisory Committee shall make 
     recommendations to the Secretary and Congress for 
     consideration of future legislative action regarding 
     redundant or outdated regulations under this title, 
     consistent with the Secretary's requirements under section 
     498B.
       ``(2) Review and analysis of regulations.--The Advisory 
     Committee shall conduct a review and analysis of the 
     regulations issued under this title that are in effect at the 
     time of the review and that apply to the operations or 
     activities of participants in the programs assisted under 
     this title. The review and analysis may include a 
     determination of whether the regulation is duplicative, is no 
     longer necessary, is inconsistent with other Federal 
     requirements, or is overly burdensome. In conducting the 
     review, the Advisory Committee shall pay specific attention 
     to evaluating ways in which regulations under this title 
     affecting institutions of higher education (other than 
     institutions described in section 102(a)(1)(C)), that have 
     received in each of the 2 most recent award years prior to 
     the date of enactment of the Higher Education Amendments of 
     2007 less than $200,000 in funds through this title, may be 
     improved, streamlined, or eliminated.
       ``(3) Consultation.--
       ``(A) In general.--In carrying out the review and analysis 
     under paragraph (2), the Advisory Committee shall consult 
     with the Secretary, relevant representatives of institutions 
     of higher education, and individuals who have expertise and 
     experience with the regulations issued under this title, in 
     accordance with subparagraph (B).
       ``(B) Review panels.--The Advisory Committee shall convene 
     not less than 2 review panels of representatives of the 
     groups involved in student financial assistance programs 
     under this title who have experience and expertise in the 
     regulations issued under this title to review the regulations 
     under this title, and to provide recommendations to the 
     Advisory Committee with respect to the review and analysis 
     under paragraph (2). The panels shall be made up of experts 
     in areas such as the operations of the financial assistance 
     programs, the institutional eligibility requirements for the 
     financial assistance programs, regulations not directly 
     related to the operations or the institutional eligibility 
     requirements of the financial assistance programs, and 
     regulations for dissemination of information to students 
     about the financial assistance programs.
       ``(4) Reports to congress.--The Advisory Committee shall 
     submit, not later than 2 years after the completion of the 
     negotiated rulemaking process required under section 492 
     resulting from the amendments to this Act made by the Higher 
     Education Amendments of 2007, a report to the authorizing 
     committees and the Secretary detailing the expert panels' 
     findings and recommendations with respect to the review and 
     analysis under paragraph (2).
       ``(5) Additional support.--The Secretary and the Inspector 
     General of the Department shall provide such assistance and 
     resources to the Advisory Committee as the Secretary and 
     Inspector General determine are necessary to conduct the 
     review required by this subsection.
       ``(m) Study of Innovative Pathways to Baccalaureate Degree 
     Attainment.--
       ``(1) Study required.--The Advisory Committee shall conduct 
     a study of the feasibility of increasing baccalaureate degree 
     attainment rates by reducing the costs and financial barriers 
     to attaining a baccalaureate degree through innovative 
     programs.
       ``(2) Scope of study.--The Advisory Committee shall examine 
     new and existing programs that promote baccalaureate degree 
     attainment through innovative ways, such as dual or 
     concurrent enrollment programs, changes made to the Federal 
     Pell Grant program, simplification of the needs analysis 
     process, compressed or modular scheduling, articulation 
     agreements, and programs that allow 2-year institutions of 
     higher education to offer baccalaureate degrees.
       ``(3) Required aspects of the study.--In performing the 
     study described in this subsection, the Advisory Committee 
     shall examine the following aspects of such innovative 
     programs:
       ``(A) The impact of such programs on baccalaureate 
     attainment rates.
       ``(B) The degree to which a student's total cost of 
     attaining a baccalaureate degree can be reduced by such 
     programs.
       ``(C) The ways in which low- and moderate-income students 
     can be specifically targeted by such programs.
       ``(D) The ways in which nontraditional students can be 
     specifically targeted by such programs.
       ``(E) The cost-effectiveness for the Federal Government, 
     States, and institutions of higher education to implement 
     such programs.
       ``(4) Consultation.--
       ``(A) In general.--In performing the study described in 
     this subsection the Advisory Committee shall consult with a 
     broad range of interested parties in higher education, 
     including parents, students, appropriate representatives of 
     secondary schools and institutions of higher education, 
     appropriate State administrators, administrators of dual or 
     concurrent enrollment programs, and appropriate Department 
     officials.
       ``(B) Congressional consultation.--The Advisory Committee 
     shall consult on a regular basis with the authorizing 
     committees in carrying out the study required by this 
     section.
       ``(5) Reports to congress.--
       ``(A) Interim report.--The Advisory Committee shall prepare 
     and submit to the authorizing committees and the Secretary an 
     interim report, not later than 1 year after the date of 
     enactment of the Higher Education Amendments of 2007, 
     describing the progress that has been made in conducting the 
     study required by this subsection and any preliminary 
     findings on the topics identified under paragraph (2).
       ``(B) Final report.--The Advisory Committee shall, not 
     later than 3 years after the date of enactment of the Higher 
     Education Amendments of 2007, prepare and submit to the 
     authorizing committees and the Secretary a final report on 
     the study, including recommendations for legislative, 
     regulatory, and administrative changes based on findings 
     related to the topics identified under paragraph (2).''.

     SEC. 486. REGIONAL MEETINGS.

       Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended by 
     inserting ``State student grant agencies,'' after 
     ``institutions of higher education,''.

     SEC. 487. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.

       (a) Repeal.--Section 493A (20 U.S.C. 1098c) is repealed.
       (b) Redesignation.--Section 493B (20 U.S.C. 1098d) is 
     redesignated as section 493A.

                       PART G--PROGRAM INTEGRITY

     SEC. 491. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.

       Section 496 (20 U.S.C. 1099b) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (4) and inserting the following:
       ``(4)(A) such agency or association consistently applies 
     and enforces standards that respect the stated mission of the 
     institution of higher education, including religious 
     missions, and that ensure that the courses or programs of 
     instruction, training, or study offered by the institution of 
     higher education, including distance education courses or 
     programs, are of sufficient quality to achieve, for the 
     duration of the accreditation period, the stated objective 
     for which the courses or the programs are offered; and
       ``(B) if such agency or association has or seeks to include 
     within its scope of recognition the evaluation of the quality 
     of institutions or programs offering distance education, such 
     agency or association shall, in addition to meeting the other 
     requirements

[[Page 20512]]

     of this subpart, demonstrate to the Secretary that--
       ``(i) the agency or association's standards effectively 
     address the quality of an institution's distance education in 
     the areas identified in section 496(a)(5), except that the 
     agency or association shall not be required to have separate 
     standards, procedures or policies for the evaluation of 
     distance education institutions or programs in order to meet 
     the requirements of this subparagraph; and
       ``(ii) the agency or association requires an institution 
     that offers distance education to have processes through 
     which the institution establishes that the student who 
     registers in a distance education course or program is the 
     same student who participates in and completes the program 
     and receives the academic credit;'';
       (B) in paragraph (5), by striking subparagraph (A) and 
     inserting the following:
       ``(A) success with respect to student achievement in 
     relation to the institution's mission, which may include 
     different standards for different institutions or programs, 
     as established by the institution, including, as appropriate, 
     consideration of State licensing examinations and job 
     placement rates;'';
       (C) by striking paragraph (6) and inserting the following:
       ``(6) such an agency or association shall establish and 
     apply review procedures throughout the accrediting process, 
     including evaluation and withdrawal proceedings which comply 
     with due process procedures that provide for--
       ``(A) adequate specification of requirements and 
     deficiencies at the institution of higher education or 
     program examined;
       ``(B) an opportunity for a written response by any such 
     institution to be included, prior to final action, in the 
     evaluation and withdrawal proceedings;
       ``(C) upon the written request of an institution, an 
     opportunity for the institution to appeal any adverse action, 
     including denial, withdrawal, suspension, or termination of 
     accreditation, or placement on probation of an institution, 
     at a hearing prior to such action becoming final, before an 
     appeals panel that--
       ``(i) shall not include current members of the agency or 
     association's underlying decision-making body that made the 
     adverse decision; and
       ``(ii) is subject to a conflict of interest policy; and
       ``(D) the right to representation by counsel for such an 
     institution during an appeal of the adverse action;''; and
       (D) by striking paragraph (8) and inserting the following:
       ``(8) such agency or association shall make available to 
     the public and the State licensing or authorizing agency, and 
     submit to the Secretary, a summary of agency or association 
     actions, including--
       ``(A) the award of accreditation or reaccreditation of an 
     institution;
       ``(B) final denial, withdrawal, suspension, or termination 
     of accreditation, or placement on probation of an 
     institution, and any findings made in connection with the 
     action taken, together with the official comments of the 
     affected institution; and
       ``(C) any other adverse action taken with respect to an 
     institution.'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``, including those 
     regarding distance education'' after ``their 
     responsibilities'';
       (B) by redesignating paragraphs (2) through (6) as 
     paragraphs (5) through (9);
       (C) by inserting after paragraph (1) (as amended by 
     subparagraph (A)) the following:
       ``(2) ensures that the agency or association's on-site 
     evaluation for accreditation or reaccreditation includes 
     review of the Federally required information the institution 
     or program provides its current and prospective students;
       ``(3) monitors the growth of programs at institutions that 
     are experiencing significant enrollment growth;
       ``(4) requires an institution to submit a teach-out plan 
     for approval to the accrediting agency upon the occurrence of 
     any of the following events:
       ``(A) The Department notifies the accrediting agency of an 
     action against the institution pursuant to section 487(d).
       ``(B) The accrediting agency acts to withdraw, terminate, 
     or suspend the accreditation of an institution.
       ``(C) The institution notifies the accrediting agency that 
     the institution intends to cease operations.'';
       (D) in paragraph (8) (as redesignated by subparagraph (B)), 
     by striking ``and'' after the semicolon;
       (E) in subparagraph (9) (as redesignated by subparagraph 
     (B)), by striking the period and inserting ``; and''; and
       (F) by adding at the end the following:
       ``(10) confirms, as a part of the agency or association's 
     review for accreditation or reaccreditation, that the 
     institution has transfer of credit policies--
       ``(A) that are publicly disclosed; and
       ``(B) that include a statement of the criteria established 
     by the institution regarding the transfer of credit earned at 
     another institution of higher education.'';
       (3) in subsection (g), by adding at the end the following: 
     ``Nothing in this section shall be construed to permit the 
     Secretary to establish any criteria that specifies, defines, 
     or prescribes the standards that accrediting agencies or 
     associations shall use to assess any institution's success 
     with respect to student achievement.''; and
       (4) in subsection (o), by adding at the end the following: 
     ``Notwithstanding any other provision of law, the Secretary 
     shall not promulgate any regulation with respect to 
     subsection (a)(5).''.

     SEC. 492. ADMINISTRATIVE CAPACITY STANDARD.

       Section 498 (20 U.S.C. 1099c) is amended--
       (1) in subsection (d)(1)(B), by inserting ``and'' after the 
     semicolon; and
       (2) by adding at the end the following:
       ``(k) Treatment of Teach-Outs at Additional Locations.--
       ``(1) In general.--A location of a closed institution of 
     higher education shall be eligible as an additional location 
     of an eligible institution of higher education, as defined 
     pursuant to regulations of the Secretary, for the purposes of 
     a teach-out, if such teach-out has been approved by the 
     institution's accrediting agency.
       ``(2) Special rule.--An institution of higher education 
     that conducts a teach-out through the establishment of an 
     additional location described in paragraph (1) shall be 
     permitted to establish a permanent additional location at a 
     closed institution and shall not be required--
       ``(A) to meet the requirements of sections 102(b)(1)(E) and 
     102(c)(1)(C) for such additional location; or
       ``(B) to assume the liabilities of the closed 
     institution.''.

     SEC. 493. PROGRAM REVIEW AND DATA.

       Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5) by striking the period and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(6) provide to an institution of higher education an 
     adequate opportunity to review and respond to any program 
     review report and relevant materials related to the report 
     before any final program review report is issued;
       ``(7) review and take into consideration an institution of 
     higher education's response in any final program review 
     report or audit determination, and include in the report or 
     determination--
       ``(A) a written statement addressing the institution of 
     higher education's response;
       ``(B) a written statement of the basis for such report or 
     determination; and
       ``(C) a copy of the institution's response; and
       ``(8) maintain and preserve at all times the 
     confidentiality of any program review report until the 
     requirements of paragraphs (6) and (7) are met, and until a 
     final program review is issued, other than to the extent 
     required to comply with paragraph (5), except that the 
     Secretary shall promptly disclose any and all program review 
     reports to the institution of higher education under 
     review.''.

     SEC. 494. TIMELY INFORMATION ABOUT LOANS.

       (a) In General.--Title IV (20 U.S.C. 1070 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 499A. ACCESS TO TIMELY INFORMATION ABOUT LOANS.

       ``(a) Regular Bill Providing Pertinent Information About a 
     Loan.--A lender of a loan made, insured, or guaranteed under 
     this title shall provide the borrower of such loan a bill 
     each month or, in the case of a loan payable less frequently 
     than monthly, a bill that corresponds to each payment 
     installment time period, including a clear and conspicuous 
     notice of--
       ``(1) the borrower's principal borrowed;
       ``(2) the borrower's current balance;
       ``(3) the interest rate on such loan;
       ``(4) the amount the borrower has paid in interest;
       ``(5) the amount of additional interest payments the 
     borrower is expected to pay over the life of the loan;
       ``(6) the total amount the borrower has paid for the loan, 
     including the amount the borrower has paid in interest, the 
     amount the borrower has paid in fees, and the amount the 
     borrower has paid against the balance, in a brief, borrower-
     friendly manner;
       ``(7) a description of each fee the borrower has been 
     charged for the current payment period;
       ``(8) the date by which the borrower needs to make a 
     payment in order to avoid additional fees;
       ``(9) the amount of such payment that will be applied to 
     the interest, the balance, and any fees on the loan; and
       ``(10) the lender's address and toll-free phone number for 
     payment and billing error purposes.
       ``(b) Information Provided Before Commencement of 
     Repayment.--A lender of a loan made, insured, or guaranteed 
     under this title shall provide to the borrower of such loan, 
     at least one month before the loan enters repayment, a clear 
     and conspicuous notice of not less than the following 
     information:
       ``(1) The borrower's options, including repayment plans, 
     deferments, forbearances, and discharge options to which the 
     borrower may be entitled.
       ``(2) The conditions under which a borrower may be charged 
     any fee, and the amount of such fee.

[[Page 20513]]

       ``(3) The conditions under which a loan may default, and 
     the consequences of default.
       ``(4) Resources, including nonprofit organizations, 
     advocates, and counselors (including the Office of the 
     Ombudsman at the Department), where borrowers can receive 
     advice and assistance, if such resources exist.
       ``(c) Information Provided During Delinquency.--In addition 
     to any other information required under law, a lender of a 
     loan made, insured, or guaranteed under this title shall 
     provide a borrower in delinquency with a clear and 
     conspicuous notice of the date on which the loan will default 
     if no payment is made, the minimum payment that must be made 
     to avoid default, discharge options to which the borrower may 
     be entitled, resources, including nonprofit organizations, 
     advocates, and counselors (including the Office of the 
     Ombudsman at the Department), where borrowers can receive 
     advice and assistance, if such resources exist.
       ``(d) Information Provided During Default.--A lender of a 
     loan made, insured, or guaranteed under this title shall 
     provide a borrower in default, on not less than 2 separate 
     occasions, with a clear and conspicuous notice of not less 
     than the following information:
       ``(1) The options available to the borrower to be removed 
     from default.
       ``(2) The relevant fees and conditions associated with each 
     option.''.

     SEC. 495. AUCTION EVALUATION AND REPORT.

       (a) Evaluation.--If Congress enacts an Act that authorizes 
     the Secretary of Education to carry out a pilot program under 
     which the Secretary establishes a mechanism for an auction of 
     Federal PLUS Loans, then the Comptroller General shall 
     evaluate such pilot program. The evaluation shall determine--
       (1) the extent of the savings to the Federal Government 
     that are generated through the pilot program, compared to the 
     cost the Federal Government would have incurred in operating 
     the parent loan program under section 428B of the Higher 
     Education Act of 1965 in the absence of the pilot program;
       (2) the number of lenders that participated in the pilot 
     program, and the extent to which the pilot program generated 
     competition among lenders to participate in the auctions 
     under the pilot program;
       (3) the effect of the transition to and operation of the 
     pilot program on the ability of--
       (A) lenders participating in the pilot program to originate 
     loans made through the pilot program smoothly and 
     efficiently;
       (B) institutions of higher education participating in the 
     pilot program to disburse loans made through the pilot 
     program smoothly and efficiently; and
       (C) the ability of parents to obtain loans made through the 
     pilot program in a timely and efficient manner;
       (4) the differential impact, if any, of the auction among 
     the States, including between rural and non-rural States; and
       (5) the feasibility of using the mechanism piloted to 
     operate the other loan programs under part B of title IV of 
     the Higher Education Act of 1965.
       (b) Reports.--The Comptroller General shall--
       (1) not later than September 1, 2010, submit to the 
     authorizing committees (as defined in section 103 of the 
     Higher Education Act of 1965 (20 U.S.C. 1003)) a preliminary 
     report regarding the findings of the evaluation described in 
     subsection (a);
       (2) not later than September 1, 2012, submit to the 
     authorizing committees an interim report regarding such 
     findings; and
       (3) not later than September 1, 2014, submit to the 
     authorizing committees a final report regarding such 
     findings.

                    TITLE V--DEVELOPING INSTITUTIONS

     SEC. 501. AUTHORIZED ACTIVITIES.

       Section 503(b) (20 U.S.C. 1101b(b)) is amended--
       (1) by redesignating paragraphs (6) through (14) as 
     paragraphs (8) through (16), respectively;
       (2) in paragraph (5), by inserting ``, including 
     innovative, customized remedial education and English 
     language instruction courses designed to help retain students 
     and move the students rapidly into core courses and through 
     program completion'' before the period at the end;
       (3) by inserting after paragraph (5) the following:
       ``(6) Education or counseling services designed to improve 
     the financial literacy and economic literacy of students or 
     the students' parents.
       ``(7) Articulation agreements and student support programs 
     designed to facilitate the transfer from 2-year to 4-year 
     institutions.''; and
       (4) in paragraph (12) (as redesignated by paragraph (1)), 
     by striking ``distance learning academic instruction 
     capabilities'' and inserting ``distance education 
     technologies''.

     SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
                   AMERICANS.

       (a) Establishment of Program.--Title V (20 U.S.C. 1101 et 
     seq.) is amended--
       (1) by redesignating part B as part C;
       (2) by redesignating sections 511 through 518 as sections 
     521 through 528, respectively; and
       (3) by inserting after section 505 the following:

   ``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
                               AMERICANS

     ``SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY.

       ``(a) Program Authorized.--Subject to the availability of 
     funds appropriated to carry out this part, the Secretary 
     shall award grants, on a competitive basis, to eligible 
     institutions to enable the eligible institutions to carry out 
     the authorized activities described in section 512.
       ``(b) Eligibility.--For the purposes of this part, an 
     `eligible institution' means an institution of higher 
     education that--
       ``(1) is a Hispanic-serving institution (as defined in 
     section 502); and
       ``(2) offers a postbaccalaureate certificate or degree 
     granting program.

     ``SEC. 512. AUTHORIZED ACTIVITIES.

       ``Grants awarded under this part shall be used for 1 or 
     more of the following activities:
       ``(1) Purchase, rental, or lease of scientific or 
     laboratory equipment for educational purposes, including 
     instructional and research purposes.
       ``(2) Construction, maintenance, renovation, and 
     improvement in classroom, library, laboratory, and other 
     instructional facilities, including purchase or rental of 
     telecommunications technology equipment or services.
       ``(3) Purchase of library books, periodicals, technical and 
     other scientific journals, microfilm, microfiche, and other 
     educational materials, including telecommunications program 
     materials.
       ``(4) Support for needy postbaccalaureate students, 
     including outreach, academic support services, mentoring, 
     scholarships, fellowships, and other financial assistance, to 
     permit the enrollment of such students in postbaccalaureate 
     certificate and degree granting programs.
       ``(5) Support of faculty exchanges, faculty development, 
     faculty research, curriculum development, and academic 
     instruction.
       ``(6) Creating or improving facilities for Internet or 
     other distance education technologies, including purchase or 
     rental of telecommunications technology equipment or 
     services.
       ``(7) Collaboration with other institutions of higher 
     education to expand postbaccalaureate certificate and degree 
     offerings.
       ``(8) Other activities proposed in the application 
     submitted pursuant to section 513 that are approved by the 
     Secretary as part of the review and acceptance of such 
     application.

     ``SEC. 513. APPLICATION AND DURATION.

       ``(a) Application.--Any eligible institution may apply for 
     a grant under this part by submitting an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. Such application shall demonstrate how the grant 
     funds will be used to improve postbaccalaureate education 
     opportunities for Hispanic and low-income students and will 
     lead to such students' greater financial independence.
       ``(b) Duration.--Grants under this part shall be awarded 
     for a period not to exceed 5 years.
       ``(c) Limitation.--The Secretary may not award more than 1 
     grant under this part in any fiscal year to any Hispanic-
     serving institution.''.

     SEC. 503. APPLICATIONS.

       Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) 
     (20 U.S.C. 1103(b)(1)(A)) is amended by striking ``subsection 
     (b)'' and inserting ``subsection (c)''.

     SEC. 504. COOPERATIVE ARRANGEMENTS.

       Section 524(a) (as redesignated by section 502(a)(2)) (20 
     U.S.C. 1103c(a)) is amended by striking ``section 503'' and 
     inserting ``sections 503 and 512''.

     SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

       Section 528(a) (as redesignated by section 502(a)(2)) (20 
     U.S.C. 1103g(a)) is amended--
       (1) by inserting ``part A of'' after ``carry out'';
       (2) by striking ``$62,500,000 for fiscal year 1999'' and 
     all that follows through the period and inserting ``such sums 
     as may be necessary for fiscal year 2008 and each of the 5 
     succeeding fiscal years.'';
       (3) by striking ``(a)  Authorizations.--There are'' and 
     inserting the following:
       ``(a) Authorizations.--
       ``(1) Part a.--There are''; and
       (4) by adding at the end the following:
       ``(2) Part b.--There are authorized to be appropriated to 
     carry out part B of this title such sums as may be necessary 
     for fiscal year 2008 and each of the 5 succeeding fiscal 
     years.''.

               TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

     SEC. 601. FINDINGS.

       Section 601 (20 U.S.C. 1121) is amended--
       (1) in the section heading, by striking ``AND PURPOSES'' 
     and inserting ``; PURPOSES; CONSULTATION; SURVEY'';
       (2) in subsection (a)(3), by striking ``post-Cold War'';
       (3) in subsection (b)(1)(D), by inserting ``, including 
     through linkages with overseas institutions'' before the 
     semicolon; and
       (4) by adding at the end the following:
       ``(c) Consultation.--The Secretary shall, prior to 
     requesting applications for funding

[[Page 20514]]

     under this title during each grant cycle, consult with and 
     receive recommendations regarding national need for expertise 
     in foreign languages and world regions from the head 
     officials of a wide range of Federal agencies. Such agencies 
     shall provide information to the Secretary regarding how the 
     agencies utilize expertise and resources provided by grantees 
     under this title. The Secretary shall take into account such 
     recommendations and information when requesting applications 
     for funding under this title, and shall make available to 
     applicants a list of areas identified as areas of national 
     need.
       ``(d) Survey.--The Secretary shall assist grantees in 
     developing a survey to administer to students who have 
     participated in programs under this title to determine 
     postgraduation placement. All grantees, where applicable, 
     shall administer such survey not less often than annually and 
     report such data to the Secretary.''.

     SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA 
                   CENTERS AND PROGRAMS.

       Section 602 (20 U.S.C. 1122) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(I) support for instructors of the less commonly taught 
     languages.''; and
       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (C) through (E) as 
     subparagraphs (D) through (F), respectively;
       (ii) by inserting after subparagraph (B) the following:
       ``(C) Programs of linkage or outreach between or among--
       ``(i) foreign language, area studies, or other 
     international fields; and
       ``(ii) State educational agencies or local educational 
     agencies.'';
       (iii) in subparagraph (D) (as redesignated by clause (i)) 
     by inserting ``, including Federal or State scholarship 
     programs for students in related areas'' before the period at 
     the end; and
       (iv) in subparagraph (F) (as redesignated by clause (i)), 
     by striking ``and (D)'' and inserting ``(D), and (E)'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Graduate''; 
     and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Eligible students.--A student receiving a stipend 
     described in paragraph (1) shall be engaged--
       ``(A) in an instructional program with stated performance 
     goals for functional foreign language use or in a program 
     developing such performance goals, in combination with area 
     studies, international studies, or the international aspects 
     of a professional studies program; and
       ``(B)(i) in the case of an undergraduate student, in the 
     intermediate or advanced study of a less commonly taught 
     language; or
       ``(ii) in the case of a graduate student, in graduate study 
     in connection with a program described in subparagraph (A), 
     including--
       ``(I) predissertation level study;
       ``(II) preparation for dissertation research;
       ``(III) dissertation research abroad; or
       ``(IV) dissertation writing.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Allowances.--
       ``(1) Graduate level recipients.--A stipend awarded to a 
     graduate level recipient may include allowances for 
     dependents and for travel for research and study in the 
     United States and abroad.
       ``(2) Undergraduate level recipients.--A stipend awarded to 
     an undergraduate level recipient may include an allowance for 
     educational programs in the United States or educational 
     programs abroad that--
       ``(A) are closely linked to the overall goals of the 
     recipient's course of study; and
       ``(B) have the purpose of promoting foreign language 
     fluency and knowledge of foreign cultures.''; and
       (4) by adding at the end the following:
       ``(e) Application.--Each institution or combination of 
     institutions desiring a grant under this section shall submit 
     an application to the Secretary at such time, in such manner, 
     and accompanied by such information and assurances as the 
     Secretary may require. Each application shall include an 
     explanation of how the activities funded by the grant will 
     reflect diverse perspectives and a wide range of views and 
     generate debate on world regions and international affairs. 
     Each application shall also describe how the applicant will 
     address disputes regarding whether activities funded under 
     the application reflect diverse perspectives and a wide range 
     of views. Each application shall also include a description 
     of how the applicant will encourage government service in 
     areas of national need, as identified by the Secretary, as 
     well as in needs in the education, business, and nonprofit 
     sectors.''.

     SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN 
                   LANGUAGE PROGRAMS.

       Section 604 (20 U.S.C. 1124) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by redesignating subparagraphs (I) through (M) as 
     subparagraphs (J) through (N), respectively; and
       (ii) by inserting after subparagraph (H) the following:
       ``(I) providing subgrants to undergraduate students for 
     educational programs abroad that--
       ``(i) are closely linked to the overall goals of the 
     program for which the grant is awarded; and
       ``(ii) have the purpose of promoting foreign language 
     fluency and knowledge of foreign cultures;''; and
       (B) in paragraph (7)--
       (i) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(E) a description of how the applicant will provide 
     information to students regarding federally funded 
     scholarship programs in related areas;
       ``(F) an explanation of how the activities funded by the 
     grant will reflect diverse perspectives and a wide range of 
     views and generate debate on world regions and international 
     affairs, where applicable;
       ``(G) a description of how the applicant will address 
     disputes regarding whether the activities funded under the 
     application reflect diverse perspectives and a wide range of 
     views; and
       ``(H) a description of how the applicant will encourage 
     service in areas of national need as identified by the 
     Secretary.''; and
       (2) in subsection (c)--
       (A) by striking ``Funding Support.--The Secretary'' and 
     inserting ``Funding Support.--
       ``(1) The secretary.--The Secretary'';
       (B) by striking ``10'' and inserting ``20''; and
       (C) by adding at the end the following:
       ``(2) Grantees.--Of the total amount of grant funds awarded 
     to a grantee under this section, the grantee may use not more 
     than 10 percent of such funds for the activity described in 
     subsection (a)(2)(I).''.

     SEC. 604. RESEARCH; STUDIES.

       Section 605(a) (20 U.S.C. 1125(a)) is amended--
       (1) in paragraph (8), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (9), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(10) evaluation of the extent to which programs assisted 
     under this title reflect diverse perspectives and a wide 
     range of views and generate debate on world regions and 
     international affairs;
       ``(11) the systematic collection, analysis, and 
     dissemination of data that contribute to achieving the 
     purposes of this part; and
       ``(12) support for programs or activities to make data 
     collected, analyzed, or disseminated under this section 
     publicly available and easy to understand.''.

     SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERATION FOR 
                   FOREIGN INFORMATION ACCESS.

       Section 606 (20 U.S.C. 1126) is amended--
       (1) in subsection (a)--
       (A) by striking ``new electronic technologies'' and 
     inserting ``electronic technologies'';
       (B) by inserting ``from foreign sources'' after 
     ``disseminate information'';
       (C) in the subsection heading, by striking ``Authority.--
     The Secretary'' and inserting ``Authority.--
       ``(1) In general.--The Secretary''; and
       (D) by adding at the end the following:
       ``(2) Partnerships with not-for-profit educational 
     organizations.--The Secretary may award grants under this 
     section to carry out the activities authorized under this 
     section to the following:
       ``(A) An institution of higher education.
       ``(B) A public or nonprofit private library.
       ``(C) A consortium of an institution of higher education 
     and 1 or more of the following:
       ``(i) Another institution of higher education.
       ``(ii) A library.
       ``(iii) A not-for-profit educational organization.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``to facilitate access 
     to'' and inserting ``to acquire, facilitate access to,'';
       (B) in paragraph (2), by inserting ``or standards for'' 
     after ``means of'';
       (C) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (D) in paragraph (7), by striking the period and inserting 
     a semicolon; and
       (E) by adding at the end the following:
       ``(8) to establish linkages to facilitate carrying out the 
     activities described in this subsection between--
       ``(A) the institutions of higher education, libraries, and 
     consortia receiving grants under this section; and
       ``(B) institutions of higher education, not-for-profit 
     educational organizations, and libraries overseas; and
       ``(9) to carry out other activities that the Secretary 
     determines are consistent with the purpose of the grants or 
     contracts awarded under this section.''; and

[[Page 20515]]

       (3) in subsection (c), by striking ``institution or 
     consortium'' and inserting ``institution of higher education, 
     library, or consortium''.

     SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS.

       Section 607 (20 U.S.C. 1127) is amended--
       (1) in subsection (a), by striking ``evaluates the 
     applications for comprehensive and undergraduate language and 
     area centers and programs.'' and inserting ``evaluates--
       ``(1) the applications for comprehensive foreign language 
     and area or international studies centers and programs; and
       ``(2) the applications for undergraduate foreign language 
     and area or international studies centers and programs.''; 
     and
       (2) in subsection (b), by adding at the end the following: 
     ``The Secretary shall also consider an applicant's record of 
     placing students into service in areas of national need and 
     an applicant's stated efforts to increase the number of such 
     students that go into such service.''.

     SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS.

       Section 609 (20 U.S.C. 1128a) is amended by adding at the 
     end the following:
       ``(e) Application.--Each center desiring a grant under this 
     section shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information and 
     assurances as the Secretary may require.''.

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
                   AND FOREIGN LANGUAGE STUDIES.

       Section 610 (20 U.S.C. 1128b) is amended by striking 
     ``$80,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years.''.

     SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.

       Section 612(f)(3) (20 U.S.C. 1130-1(f)(3)) is amended by 
     inserting ``, and that diverse perspectives will be made 
     available to students in programs under this section'' before 
     the semicolon.

     SEC. 610. EDUCATION AND TRAINING PROGRAMS.

       Section 613(c) (20 U.S.C. 1130a(c)) is amended by adding at 
     the end the following: ``Each such application shall include 
     an assurance that, where applicable, the activities funded by 
     the grant will reflect diverse perspectives and a wide range 
     of views on world regions and international affairs.''.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS AND 
                   INTERNATIONAL EDUCATION PROGRAMS.

       Section 614 (20 U.S.C. 1130b) is amended--
       (1) in subsection (a), by striking ``$11,000,000 for fiscal 
     year 1999'' and all that follows through ``fiscal years'' and 
     inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years''; and
       (2) in subsection (b), by striking ``$7,000,000 for fiscal 
     year 1999'' and all that follows through ``fiscal years,'' 
     and inserting ``such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years''.

     SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT 
                   PROGRAM.

       Section 621 (20 U.S.C. 1131) is amended--
       (1) in subsection (c), by adding at the end the following: 
     ``Each application shall include a description of how the 
     activities funded by the grant will reflect diverse 
     perspectives and a wide range of views on world regions and 
     international affairs, where applicable.''; and
       (2) in subsection (e)--
       (A) by striking ``Match Required.--The eligible'' and 
     inserting ``Matching Funds.--
       ``(1) In general.--Subject to paragraph (2), the 
     eligible''; and
       (B) by adding at the end the following:
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1) for an eligible recipient if the Secretary 
     determines such waiver is appropriate.''.

     SEC. 613. INSTITUTIONAL DEVELOPMENT.

       Section 622 (20 U.S.C. 1131-1) is amended--
       (1) in subsection (a)--
       (A) by striking ``Tribally Controlled Colleges or 
     Universities'' and inserting ``tribally controlled colleges 
     or universities''; and
       (B) by striking ``international affairs programs.'' and 
     inserting ``international affairs, international business, 
     and foreign language study programs, including the teaching 
     of foreign languages, at such colleges, universities, and 
     institutions, respectively, which may include collaboration 
     with institutions of higher education that receive funding 
     under this title.''; and
       (2) in subsection (c)--
       (A) by striking paragraphs (1) and (3);
       (B) by redesignating paragraphs (2) and (4) as paragraphs 
     (1) and (2), respectively; and
       (C) in paragraph (1) (as redesignated by subparagraph (B)), 
     by inserting ``and'' after the semicolon.

     SEC. 614. STUDY ABROAD PROGRAM.

       Section 623(a) (20 U.S.C. 1131a(a)) is amended--
       (1) by striking ``as defined in section 322 of this Act''; 
     and
       (2) by striking ``tribally controlled Indian community 
     colleges as defined in the Tribally Controlled Community 
     College Assistance Act of 1978'' and inserting ``tribally 
     controlled colleges or universities''.

     SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS.

       Section 624 (20 U.S.C. 1131b) is amended--
       (1) in the section heading, by striking ``masters'' and 
     inserting ``advanced'';
       (2) in the first sentence, by inserting ``, and in 
     exceptional circumstances, a doctoral degree,'' after 
     ``masters degree'';
       (3) in the second sentence, by striking ``masters degree'' 
     and inserting ``advanced degree''; and
       (4) in the fourth sentence, by striking ``United States'' 
     and inserting ``United States.''.

     SEC. 616. INTERNSHIPS.

       Section 625 (20 U.S.C. 1131c) is amended--
       (1) in subsection (a)--
       (A) by striking ``as defined in section 322 of this Act'';
       (B) by striking ``tribally controlled Indian community 
     colleges as defined in the Tribally Controlled Community 
     College Assistance Act of 1978'' and inserting ``tribally 
     controlled colleges or universities'';
       (C) by striking ``an international'' and inserting 
     ``international,''; and
       (D) by striking ``the United States Information Agency'' 
     and inserting ``the Department of State''; and
       (2) in subsection (c)(1)--
       (A) in subparagraph (E), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (F), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (G).

     SEC. 617. FINANCIAL ASSISTANCE.

       Part C of title VI (20 U.S.C. 1131 et seq.) is further 
     amended--
       (1) by redesignating sections 626, 627, and 628 as sections 
     627, 628, and 629, respectively; and
       (2) by inserting after section 625 the following:

     ``SEC. 626. FINANCIAL ASSISTANCE.

       ``(a) Authority.--The Institute may provide financial 
     assistance, in the form of summer stipends described in 
     subsection (b) and Ralph Bunche scholarship assistance 
     described in subsection (c), to needy students to facilitate 
     the participation of the students in the Institute's programs 
     under this part.
       ``(b) Summer Stipends.--
       ``(1) Requirements.--A student receiving a summer stipend 
     under this section shall use such stipend to defray the 
     student's cost of participation in a summer institute program 
     funded under this part, including the costs of travel, 
     living, and educational expenses necessary for the student's 
     participation in such program.
       ``(2) Amount.--A summer stipend awarded to a student under 
     this section shall not exceed $3,000 per summer.
       ``(c) Ralph Bunche Scholarship.--
       ``(1) Requirements.--A student receiving a Ralph Bunche 
     scholarship under this section--
       ``(A) shall be a full-time student at an institution of 
     higher education who is accepted into a program funded under 
     this part; and
       ``(B) shall use such scholarship to pay costs related to 
     the cost of attendance, as defined in section 472, at the 
     institution of higher education in which the student is 
     enrolled.
       ``(2) Amount and duration.--A Ralph Bunche scholarship 
     awarded to a student under this section shall not exceed 
     $5,000 per academic year.''.

     SEC. 618. REPORT.

       Section 627 (as redesignated by section 617(1)) (20 U.S.C. 
     1131d) is amended by striking ``annually'' and inserting 
     ``biennially''.

     SEC. 619. GIFTS AND DONATIONS.

       Section 628 (as redesignated by section 617(1)) (20 U.S.C. 
     1131e) is amended by striking ``annual report described in 
     section 626'' and inserting ``biennial report described in 
     section 627''.

     SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE 
                   FOR INTERNATIONAL PUBLIC POLICY.

       Section 629 (as redesignated by section 617(1)) (20 U.S.C. 
     1131f) is amended by striking ``$10,000,000 for fiscal year 
     1999'' and all that follows through the period and inserting 
     ``such sums as may be necessary for fiscal year 2008 and each 
     of the 5 succeeding fiscal years.''.

     SEC. 621. DEFINITIONS.

       Section 631 (20 U.S.C. 1132) is amended--
       (1) by striking paragraph (7);
       (2) by redesignating paragraphs (2), (3), (4), (5), (6), 
     (8), and (9), as paragraphs (7), (4), (8), (2), (10), (6), 
     and (3), respectively;
       (3) in paragraph (2), as redesignated by paragraph (2), by 
     striking ``comprehensive language and area center'' and 
     inserting ``comprehensive foreign language and area or 
     international studies center'';
       (4) in paragraph (3), as redesignated by paragraph (2), by 
     striking the period at the end and inserting a semicolon;
       (5) by inserting after paragraph (4), as redesignated by 
     paragraph (2), the following:
       ``(5) the term `historically Black college and university' 
     has the meaning given the term `part B institution' in 
     section 322;'';
       (6) in paragraph (6), as redesignated by paragraph (2), by 
     striking ``and'' after the semicolon;
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (2), the following:
       ``(9) the term `tribally controlled college or university' 
     has the meaning given the term in section 2 of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801); and''; and

[[Page 20516]]

       (8) in paragraph (10), as redesignated by paragraph (2), by 
     striking ``undergraduate language and area center'' and 
     inserting ``undergraduate foreign language and area or 
     international studies center''.

     SEC. 622. ASSESSMENT AND ENFORCEMENT.

       Part D of title VI (20 U.S.C. 1132) is amended by adding at 
     the end the following:

     ``SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CONSTRUCTION.

       ``(a) In General.--The Secretary is authorized to assess 
     and ensure compliance with all the conditions and terms of 
     grants provided under this title. If a complaint regarding 
     activities funded under this title is not resolved under the 
     process outlined in the relevant grantee's application, such 
     complaint shall be filed with the Department and reviewed by 
     the Secretary. The Secretary shall take the review of such 
     complaints into account when determining the renewal of 
     grants.
       ``(b) Rule of Construction.--Nothing in this title shall be 
     construed to authorize the Secretary to mandate, direct, or 
     control an institution of higher education's specific 
     instructional content, curriculum, or program of instruction.

     ``SEC. 633. EVALUATION, OUTREACH, AND INFORMATION.

       ``The Secretary may use not more than 1 percent of the 
     funds made available under this title to carry out program 
     evaluation, national outreach, and information dissemination 
     activities relating to the programs authorized under this 
     title.

     ``SEC. 634. BIENNIAL REPORT.

       ``The Secretary shall, in consultation and collaboration 
     with the Secretary of State, the Secretary of Defense, and 
     the heads of other relevant Federal agencies, submit a 
     biennial report that identifies areas of national need in 
     foreign language, area, and international studies as such 
     studies relate to government, education, business, and 
     nonprofit needs, and a plan to address those needs. The 
     report shall be provided to the authorizing committees and 
     made available to the public.''.

       TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

     SEC. 701. PURPOSE.

       Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended 
     by inserting ``, including those areas critical to United 
     States national and homeland security needs such as 
     mathematics, science, and engineering'' before the semicolon 
     at the end.

     SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS.

       Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended to 
     read as follows:
       ``(1) Appointment.--
       ``(A) In general.--The Secretary shall appoint a Jacob K. 
     Javits Fellows Program Fellowship Board (referred to in this 
     subpart as the `Board') consisting of 9 individuals 
     representative of both public and private institutions of 
     higher education who are especially qualified to serve on the 
     Board.
       ``(B) Qualifications.--In making appointments under 
     subparagraph (A), the Secretary shall--
       ``(i) give due consideration to the appointment of 
     individuals who are highly respected in the academic 
     community;
       ``(ii) assure that individuals appointed to the Board are 
     broadly representative of a range of disciplines in graduate 
     education in arts, humanities, and social sciences;
       ``(iii) appoint members to represent the various geographic 
     regions of the United States; and
       ``(iv) include representatives from minority institutions, 
     as defined in section 365.''.

     SEC. 703. STIPENDS.

       Section 703(a) (20 U.S.C. 1134b(a)) is amended by striking 
     ``graduate fellowships'' and inserting ``Graduate Research 
     Fellowship Program''.

     SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE JACOB K. 
                   JAVITS FELLOWSHIP PROGRAM.

       Section 705 (20 U.S.C. 1134d) is amended by striking 
     ``$30,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years to carry out this subpart.''.

     SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRADUATE 
                   ASSISTANCE IN AREAS OF NATIONAL NEED PROGRAM.

       Section 712(b) (20 U.S.C. 1135a(b)) is amended to read as 
     follows:
       ``(b) Designation of Areas of National Need.--After 
     consultation with appropriate Federal and nonprofit agencies 
     and organizations, including the National Science Foundation, 
     the Department of Defense, the Department of Homeland 
     Security, the National Academy of Sciences, and the Bureau of 
     Labor Statistics, the Secretary shall designate areas of 
     national need. In making such designations, the Secretary 
     shall take into consideration--
       ``(1) the extent to which the interest in the area is 
     compelling;
       ``(2) the extent to which other Federal programs support 
     postbaccalaureate study in the area concerned;
       ``(3) an assessment of how the program may achieve the most 
     significant impact with available resources; and
       ``(4) an assessment of current and future professional 
     workforce needs of the United States.''.

     SEC. 706. AWARDS TO GRADUATE STUDENTS.

       Section 714 (20 U.S.C. 1135c) is amended--
       (1) in subsection (b)--
       (A) by striking ``1999-2000'' and inserting ``2008-2009''; 
     and
       (B) by striking ``graduate fellowships'' and inserting 
     ``Graduate Research Fellowship Program''; and
       (2) in subsection (c)--
       (A) by striking ``716(a)'' and inserting ``715(a)''; and
       (B) by striking ``714(b)(2)'' and inserting ``713(b)(2)''.

     SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION.

       Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended--
       (1) by striking ``1999-2000'' and inserting ``2008-2009''; 
     and
       (2) by striking ``1998-1999'' and inserting ``2007-2008''.

     SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE GRADUATE 
                   ASSISTANCE IN AREAS OF NATIONAL NEED PROGRAM.

       Section 716 (20 U.S.C. 1135e) is amended by striking 
     ``$35,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years to carry out this subpart.''.

     SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

       Section 721 (20 U.S.C. 1136) is amended--
       (1) in subsection (a)--
       (A) by inserting ``secondary school and'' after 
     ``disadvantaged''; and
       (B) by inserting ``and admission to law practice'' before 
     the period at the end;
       (2) in the matter preceding paragraph (1) of subsection 
     (b), by inserting ``secondary school student or'' before 
     ``college student'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``secondary school and'' 
     before ``college students'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) to prepare such students for successful completion of 
     a baccalaureate degree and for study at accredited law 
     schools, and to assist them with the development of 
     analytical skills, writing skills, and study methods to 
     enhance the students' success and promote the students' 
     admission to and completion of law school;'';
       (C) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (D) by striking paragraph (5) and inserting the following:
       ``(4) to motivate and prepare such students--
       ``(A) with respect to law school studies and practice in 
     low-income communities; and
       ``(B) to provide legal services to low-income individuals 
     and families; and;''; and
       (E) by adding at the end the following:
       ``(6) to award Thurgood Marshall Fellowships to eligible 
     law school students--
       ``(A) who participated in summer institutes under 
     subsection (d)(6) and who are enrolled in an accredited law 
     school; or
       ``(B) who have successfully completed summer institute 
     programs comparable to the summer institutes under subsection 
     (d) that are certified by the Council on Legal Education 
     Opportunity.'';
       (4) in subsection (d)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``pre-college programs, undergraduate'' before ``pre-law'';
       (B) in paragraph (1)--
       (i) in subparagraph (B), by inserting ``law school'' before 
     ``graduation''; and
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) pre-college and undergraduate preparatory courses in 
     analytical and writing skills, study methods, and curriculum 
     selection;'';
       (C) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (D) by inserting after paragraph (1) the following:
       ``(2) summer academic programs for secondary school 
     students who have expressed interest in a career in the 
     law;''; and
       (E) in paragraph (7) (as redesignated by subparagraph (C)), 
     by inserting ``and Associates'' after ``Thurgood Marshall 
     Fellows'';
       (5) in subsection (e)(1), by inserting ``, including before 
     and during undergraduate study'' before the semicolon;
       (6) in subsection (f)--
       (A) by inserting ``national and State bar associations,'' 
     after ``agencies and organizations,''; and
       (B) by striking ``and organizations.'' and inserting 
     ``organizations, and associations.'';
       (7) by striking subsection (g) and inserting the following:
       ``(g) Fellowships and Stipends.--The Secretary shall 
     annually establish the maximum fellowship to be awarded, and 
     stipend to be paid (including allowances for participant 
     travel and for the travel of the dependents of the 
     participant), to Thurgood Marshall Fellows or Associates for 
     the period of participation in summer institutes, midyear 
     seminars, and bar preparation seminars. A Fellow or Associate 
     may be eligible for such a fellowship or stipend only if the 
     Thurgood Marshall Fellow or Associate maintains satisfactory 
     academic progress toward the Juris Doctor or Bachelor of Laws 
     degree, as determined by the respective institutions (except

[[Page 20517]]

     with respect to a law school graduate enrolled in a bar 
     preparation course).''; and
       (8) in subsection (h), by striking ``$5,000,000 for fiscal 
     year 1999'' and all that follows through the period at the 
     end and inserting ``such sums as may be necessary for fiscal 
     year 2008 and for each of the 5 succeeding fiscal years''.

     SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSECONDARY 
                   EDUCATION.

       Section 741 (20 U.S.C. 1138) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) the establishment and continuation of institutions, 
     programs, consortia, collaborations, and other joint efforts 
     based on the technology of communications, including those 
     efforts that utilize distance education and technological 
     advancements to educate and train postsecondary students 
     (including health professionals serving medically underserved 
     populations);'';
       (B) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (C) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(9) the introduction of reforms in remedial education, 
     including English language instruction, to customize remedial 
     courses to student goals and help students progress rapidly 
     from remedial courses into core courses and through program 
     completion; and
       ``(10) the creation of consortia that join diverse 
     institutions of higher education to design and offer 
     curricular and co-curricular interdisciplinary programs at 
     the undergraduate and graduate levels, sustained for not less 
     than a 5 year period, that--
       ``(A) focus on poverty and human capability; and
       ``(B) include--
       ``(i) a service-learning component; and
       ``(ii) the delivery of educational services through 
     informational resource centers, summer institutes, midyear 
     seminars, and other educational activities that stress the 
     effects of poverty and how poverty can be alleviated through 
     different career paths.''; and
       (2) by adding at the end the following:
       ``(c) Project GRAD.--
       ``(1) Purposes.--The purposes of this subsection are--
       ``(A) to provide support and assistance to programs 
     implementing integrated education reform services in order to 
     improve secondary school graduation, college attendance, and 
     college completion rates for at-risk students; and
       ``(B) to promote the establishment of new programs to 
     implement such integrated education reform services.
       ``(2) Definitions.--In this subsection:
       ``(A) At-risk.--The term `at-risk' has the same meaning 
     given such term in section 1432 of the Elementary and 
     Secondary Education Act of 1965.
       ``(B) Feeder pattern.--The term `feeder pattern' means a 
     secondary school and the elementary schools and middle 
     schools that channel students into that secondary school.
       ``(3) Grant authorized.--The Secretary is authorized to 
     award a grant to Project GRAD USA (referred to in this 
     subsection as the `grantee'), a nonprofit educational 
     organization that has as its primary purpose the improvement 
     of secondary school graduation, college attendance, and 
     college completion rates for at-risk students, to implement 
     and sustain the integrated education reform program at 
     existing Project GRAD sites, and to promote the expansion of 
     the Project GRAD program to new sites.
       ``(4) Requirements of grant agreement.--The Secretary shall 
     enter into an agreement with the grantee that requires that 
     the grantee shall--
       ``(A) enter into subcontracts with nonprofit educational 
     organizations that serve a substantial number or percentage 
     of at-risk students (referred to in this subsection as 
     `subcontractors'), under which the subcontractors agree to 
     implement the Project GRAD program and provide matching funds 
     for such programs; and
       ``(B) directly carry out--
       ``(i) activities to implement and sustain the literacy, 
     mathematics, classroom management, social service, and 
     college access components of the Project GRAD program;
       ``(ii) activities for the purpose of implementing new 
     Project GRAD program sites;
       ``(iii) activities to support, evaluate, and consistently 
     improve the Project GRAD program;
       ``(iv) activities for the purpose of promoting greater 
     public awareness of integrated education reform services to 
     improve secondary school graduation, college attendance, and 
     college completion rates for at-risk students; and
       ``(v) other activities directly related to improving 
     secondary school graduation, college attendance, and college 
     completion rates for at-risk students.
       ``(5) Grantee contribution and matching requirement.--
       ``(A) In general.--The grantee shall provide funds to each 
     subcontractor based on the number of students served by the 
     subcontractor in the Project GRAD program, adjusted to take 
     into consideration--
       ``(i) the resources available in the area where the 
     subcontractor will implement the Project GRAD program; and
       ``(ii) the need for the Project GRAD program in such area 
     to improve student outcomes, including reading and 
     mathematics achievement and, where applicable, secondary 
     school graduation, college attendance, and college completion 
     rates.
       ``(B) Matching requirement.--Each subcontractor shall 
     provide funds for the Project GRAD program in an amount that 
     is equal to or greater than the amount received by the 
     subcontractor from the grantee. Such matching funds may be 
     provided in cash or in-kind, fairly evaluated.
       ``(6) Evaluation.--The Secretary shall select an 
     independent entity to evaluate, every 3 years, the 
     performance of students who participate in a Project GRAD 
     program under this subsection.
       ``(d) Center for Best Practices To Support Single Parent 
     Students.--
       ``(1) Program authorized.--The Secretary is authorized to 
     award 1 grant or contract to an institution of higher 
     education to enable such institution to establish and 
     maintain a center to study and develop best practices for 
     institutions of higher education to support single parents 
     who are also students attending such institutions.
       ``(2) Institution requirements.--The Secretary shall award 
     the grant or contract under this subsection to a 4-year 
     institution of higher education that has demonstrated 
     expertise in the development of programs to assist single 
     parents who are students at institutions of higher education, 
     as shown by the institution's development of a variety of 
     targeted services to such students, including on-campus 
     housing, child care, counseling, advising, internship 
     opportunities, financial aid, and financial aid counseling 
     and assistance.
       ``(3) Center activities.--The center funded under this 
     section shall--
       ``(A) assist institutions implementing innovative programs 
     that support single parents pursuing higher education;
       ``(B) study and develop an evaluation protocol for such 
     programs that includes quantitative and qualitative 
     methodologies;
       ``(C) provide appropriate technical assistance regarding 
     the replication, evaluation, and continuous improvement of 
     such programs; and
       ``(D) develop and disseminate best practices for such 
     programs.
       ``(e) Understanding the Federal Regulatory Impact on Higher 
     Education.--
       ``(1) Purpose.--The purpose of this subsection is to help 
     institutions of higher education understand the regulatory 
     impact of the Federal Government on such institutions, in 
     order to raise awareness of institutional legal obligations 
     and provide information to improve compliance with, and to 
     reduce the duplication and inefficiency of, Federal 
     regulations.
       ``(2) Program authorized.--The Secretary is authorized to 
     award 1 grant or contract to an institution of higher 
     education to enable the institution to carry out the 
     activities described in the agreement under paragraph (4).
       ``(3) Institution requirements.--The Secretary shall award 
     the grant or contract under this subsection to an institution 
     of higher education that has demonstrated expertise in--
       ``(A) reviewing Federal higher education regulations;
       ``(B) maintaining a clearinghouse of compliance training 
     materials; and
       ``(C) explaining the impact of such regulations to 
     institutions of higher education through a comprehensive and 
     freely accessible website.
       ``(4) Requirements of agreement.--As a condition of 
     receiving a grant or contract under this subsection, the 
     institution of higher education shall enter into an agreement 
     with the Secretary that shall require the institution to--
       ``(A) monitor Federal regulations, including notices of 
     proposed rulemaking, for their impact or potential impact on 
     higher education;
       ``(B) provide a succinct description of each regulation or 
     proposed regulation that is relevant to higher education; and
       ``(C) maintain a website providing information on Federal 
     regulations that is easy to use, searchable, and updated 
     regularly.
       ``(f) Scholarship Program for Family Members of Veterans or 
     Members of the Military.--
       ``(1) Authorization.--The Secretary shall contract with a 
     nonprofit organization with demonstrated experience in 
     carrying out the activities described in this subsection to 
     carry out a program to provide postsecondary education 
     scholarships for eligible students.
       ``(2) Eligible students.--In this subsection, the term 
     `eligible student' means an individual who is--
       ``(A)(i) a dependent student who is a child of--
       ``(I) an individual who is--

       ``(aa) serving on active duty during a war or other 
     military operation or national emergency (as defined in 
     section 481); or
       ``(bb) performing qualifying National Guard duty during a 
     war or other military operation or national emergency (as 
     defined in section 481); or

       ``(II) a veteran who died while serving or performing, as 
     described in subclause (I),

[[Page 20518]]

     since September 11, 2001, or has been disabled while serving 
     or performing, as described in subclause (I), as a result of 
     such event; or
       ``(ii) an independent student who is a spouse of--
       ``(I) an individual who is--

       ``(aa) serving on active duty during a war or other 
     military operation or national emergency (as defined in 
     section 481); or
       ``(bb) performing qualifying National Guard duty during a 
     war or other military operation or national emergency (as 
     defined in section 481); or

       ``(II) a veteran who died while serving or performing, as 
     described in subclause (I), since September 11, 2001, or has 
     been disabled while serving or performing, as described in 
     subclause (I), as a result of such event; and
       ``(B) enrolled as a full-time or part-time student at an 
     institution of higher education (as defined in section 102).
       ``(3) Awarding of scholarships.--Scholarships awarded under 
     this subsection shall be awarded based on need with priority 
     given to eligible students who are eligible to receive 
     Federal Pell Grants under subpart 1 of part A of title IV.
       ``(4) Maximum scholarship amount.--The maximum scholarship 
     amount awarded to an eligible student under this subsection 
     for an academic year shall be the lesser of--
       ``(A) the difference between the eligible student's cost of 
     attendance (as defined in section 472) and any non-loan based 
     aid such student receives; or
       ``(B) $5,000.
       ``(5) Amounts for scholarships.--All of the amounts 
     appropriated to carry out this subsection for a fiscal year 
     shall be used for scholarships awarded under this subsection, 
     except that a nonprofit organization receiving a contract 
     under this subsection may use not more than 1 percent of such 
     amounts for the administrative costs of the contract.''.

     SEC. 711. SPECIAL PROJECTS.

       Section 744(c) (20 U.S.C. 1138c) is amended to read as 
     follows:
       ``(c) Areas of National Need.--Areas of national need shall 
     include, at a minimum, the following:
       ``(1) Institutional restructuring to improve learning and 
     promote productivity, efficiency, quality improvement, and 
     cost and price control.
       ``(2) Improvements in academic instruction and student 
     learning, including efforts designed to assess the learning 
     gains made by postsecondary students.
       ``(3) Articulation between 2- and 4-year institutions of 
     higher education, including developing innovative methods for 
     ensuring the successful transfer of students from 2- to 4-
     year institutions of higher education.
       ``(4) Development, evaluation and dissemination of model 
     programs, including model core curricula that--
       ``(A) provide students with a broad and integrated 
     knowledge base;
       ``(B) include, at a minimum, broad survey courses in 
     English literature, American and world history, American 
     political institutions, economics, philosophy, college-level 
     mathematics, and the natural sciences; and
       ``(C) include sufficient study of a foreign language to 
     lead to reading and writing competency in the foreign 
     language.
       ``(5) International cooperation and student exchanges among 
     postsecondary educational institutions.''.

     SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR 
                   THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

       Section 745 (20 U.S.C. 1138d) is amended by striking 
     ``$30,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years.''.

     SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM.

       Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.

     SEC. 714. GRANTS FOR STUDENTS WITH DISABILITIES.

       (a) Grants Authorized for Demonstration Projects To Ensure 
     Students With Disabilities Receive a Quality Higher 
     Education.--Section 762 (20 U.S.C. 1140a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``to teach students 
     with disabilities'' and inserting ``to teach and meet the 
     academic and programmatic needs of students with disabilities 
     in order to improve retention and completion of postsecondary 
     education'';
       (ii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (F), respectively;
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Effective transition practices.--The development of 
     innovative and effective teaching methods and strategies to 
     ensure the successful transition of students with 
     disabilities from secondary school to postsecondary 
     education.'';
       (iv) in subparagraph (C), as redesignated by clause (ii), 
     by striking the period at the end and inserting ``, including 
     data on the postsecondary education of and impact on 
     subsequent employment of students with disabilities. Such 
     research, information, and data shall be made publicly 
     available and accessible.'';
       (v) by inserting after subparagraph (C), as redesignated by 
     clause (ii), the following:
       ``(D) Distance learning.--The development of innovative and 
     effective teaching methods and strategies to provide faculty 
     and administrators with the ability to provide accessible 
     distance education programs or classes that would enhance 
     access of students with disabilities to higher education, 
     including the use of accessible curriculum and electronic 
     communication for instruction and advisement.
       ``(E) Disability career pathways.--
       ``(i) In general.--Training and providing support to 
     secondary and postsecondary staff with respect to disability-
     related fields to--

       ``(I) encourage interest and participation in such fields, 
     among students with disabilities and other students;
       ``(II) enhance awareness and understanding of such fields 
     among such students;
       ``(III) provide educational opportunities in such fields 
     among such students;
       ``(IV) teach practical skills related to such fields among 
     such students; and
       ``(V) offer work-based opportunities in such fields among 
     such students.

       ``(ii) Development.--The training and support described in 
     clause (i) may include developing means to offer students 
     credit-bearing, college-level coursework, and career and 
     educational counseling.''; and
       (vi) by adding at the end the following:
       ``(G) Accessibility of education.--Making postsecondary 
     education more accessible to students with disabilities 
     through curriculum development.''; and
       (B) in paragraph (3), by striking ``subparagraphs (A) 
     through (C)'' and inserting ``subparagraphs (A) through 
     (G)''; and
       (2) by adding at the end the following:
       ``(d) Report.--Not later than 3 years after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Secretary shall prepare and disseminate a report reviewing 
     the activities of the demonstration projects authorized under 
     this subpart and providing guidance and recommendations on 
     how successful projects can be replicated.''.
       (b) Transition Programs for Students With Intellectual 
     Disabilities Into Higher Education; Coordinating Center.--
     Part D of title VII (20 U.S.C. 1140 et seq.) is further 
     amended--
       (1) in the part heading, by striking ``DEMONSTRATION'';
       (2) by inserting after the part heading the following:

                ``Subpart 1--Quality Higher Education'';

     and
       (3) by adding at the end the following:

    ``Subpart 2--Transition Programs for Students With Intellectual 
        Disabilities Into Higher Education; Coordinating Center

     ``SEC. 771. PURPOSE.

       ``It is the purpose of this subpart to support model 
     demonstration programs that promote the successful transition 
     of students with intellectual disabilities into higher 
     education.

     ``SEC. 772. DEFINITIONS.

       ``In this subpart:
       ``(1) Comprehensive transition and postsecondary program 
     for students with intellectual disabilities.--The term 
     `comprehensive transition and postsecondary program for 
     students with intellectual disabilities' means a degree, 
     certificate, or nondegree program offered by an institution 
     of higher education that--
       ``(A) is designed for students with intellectual 
     disabilities who seek to continue academic, vocational, or 
     independent living instruction at the institution in order to 
     prepare for gainful employment;
       ``(B) includes an advising and curriculum structure; and
       ``(C) requires the enrollment of the student (through 
     enrollment in credit-bearing courses, auditing or 
     participating in courses, participating in internships, or 
     enrollment in noncredit, nondegree courses) in the equivalent 
     of not less than a half-time course of study, as determined 
     by the institution.
       ``(2) Student with an intellectual disability.--The term 
     `student with an intellectual disability' means a student 
     whose mental retardation or other significant cognitive 
     impairment substantially impacts the student's intellectual 
     and cognitive functioning.

     ``SEC. 773. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY 
                   PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
                   DISABILITIES.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary shall annually award 
     grants, on a competitive basis, to institutions of higher 
     education (or consortia of institutions of higher education), 
     to create or expand high-quality, inclusive model 
     comprehensive transition and postsecondary programs for 
     students with intellectual disabilities.
       ``(2) Number and duration of grants.--The Secretary shall 
     award not less than 10 grants per year under this section, 
     and each grant awarded under this subsection shall be for a 
     period of 5 years.
       ``(b) Application.--An institution of higher education (or 
     a consortium) desiring a grant under this section shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require.

[[Page 20519]]

       ``(c) Preference.--In awarding grants under this section, 
     the Secretary shall give preference to institutions of higher 
     education (or consortia) that--
       ``(1) will carry out a model program under the grant in a 
     State that does not already have a comprehensive transition 
     and postsecondary program for students with intellectual 
     disabilities; or
       ``(2) in the application submitted under subsection (b), 
     agree to incorporate 1 or more the following elements into 
     the model programs carried out under the grant:
       ``(A) The formation of a partnership with any relevant 
     agency serving students with intellectual disabilities, such 
     as a vocational rehabilitation agency.
       ``(B) In the case of an institution of higher education 
     that provides institutionally-owned or operated housing for 
     students attending the institution, the integration of 
     students with intellectual disabilities into such housing.
       ``(C) The involvement of students attending the institution 
     of higher education who are studying special education, 
     general education, vocational rehabilitation, assistive 
     technology, or related fields in the model program carried 
     out under the grant.
       ``(d) Use of Funds.--An institution of higher education (or 
     consortium) receiving a grant under this section shall use 
     the grant funds to establish a model comprehensive transition 
     and postsecondary program for students with intellectual 
     disabilities that--
       ``(1) serves students with intellectual disabilities, 
     including students with intellectual disabilities who are no 
     longer eligible for special education and related services 
     under the Individuals with Disabilities Education Act;
       ``(2) provides individual supports and services for the 
     academic and social inclusion of students with intellectual 
     disabilities in academic courses, extracurricular activities, 
     and other aspects of the institution of higher education's 
     regular postsecondary program;
       ``(3) with respect to the students with intellectual 
     disabilities participating in the model program, provides a 
     focus on--
       ``(A) academic enrichment;
       ``(B) socialization;
       ``(C) independent living, including self-advocacy skills; 
     and
       ``(D) integrated work experiences and career skills that 
     lead to gainful employment;
       ``(4) integrates person-centered planning in the 
     development of the course of study for each student with an 
     intellectual disability participating in the model program;
       ``(5) participates with the coordinating center established 
     under section 774 in the evaluation of the model program;
       ``(6) partners with 1 or more local educational agencies to 
     support students with intellectual disabilities participating 
     in the model program who are still eligible for special 
     education and related services under such Act, including 
     regarding the utilization of funds available under part B of 
     the Individuals with Disabilities Education Act for such 
     students;
       ``(7) plans for the sustainability of the model program 
     after the end of the grant period; and
       ``(8) creates and offers a meaningful credential for 
     students with intellectual disabilities upon the completion 
     of the model program.
       ``(e) Matching Requirement.--An institution of higher 
     education that receives a grant under this section shall 
     provide toward the cost of the model comprehensive transition 
     and postsecondary program for students with intellectual 
     disabilities carried out under the grant, matching funds, 
     which may be provided in cash or in-kind, in an amount not 
     less than 25 percent of the amount of such grant funds.
       ``(f) Report.--Not later than 3 years after the date of 
     enactment of the Higher Education Amendments of 2007, the 
     Secretary shall prepare and disseminate a report reviewing 
     the activities of the model comprehensive transition and 
     postsecondary programs for students with intellectual 
     disabilities authorized under this subpart and providing 
     guidance and recommendations on how successful programs can 
     be replicated.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.

     ``SEC. 774. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, 
                   EVALUATION, AND DEVELOPMENT OF ACCREDITATION 
                   STANDARDS.

       ``(a) In General.--
       ``(1) Award.--The Secretary shall, on a competitive basis, 
     enter into a cooperative agreement with an eligible entity, 
     for the purpose of establishing a coordinating center for 
     technical assistance, evaluation, and development of 
     accreditation standards for institutions of higher education 
     that offer inclusive model comprehensive transition and 
     postsecondary programs for students with intellectual 
     disabilities.
       ``(2) Duration.--The cooperative agreement under this 
     section shall be for a period of 5 years.
       ``(b) Requirements of Cooperative Agreement.--The eligible 
     entity entering into a cooperative agreement under this 
     section shall establish and maintain a center that shall--
       ``(1) serve as the technical assistance entity for all 
     model comprehensive transition and postsecondary programs for 
     students with intellectual disabilities assisted under 
     section 773;
       ``(2) provide technical assistance regarding the 
     development, evaluation, and continuous improvement of such 
     programs;
       ``(3) develop an evaluation protocol for such programs that 
     includes qualitative and quantitative methodology measuring 
     student outcomes and program strengths in the areas of 
     academic enrichment, socialization, independent living, and 
     competitive or supported employment;
       ``(4) assist recipients of grants under section 773 in 
     efforts to award a meaningful credential to students with 
     intellectual disabilities upon the completion of such 
     programs, which credential takes into consideration unique 
     State factors;
       ``(5) develop model criteria, standards, and procedures to 
     be used in accrediting such programs that--
       ``(A) include, in the development of the model criteria, 
     standards, and procedures for such programs, the 
     participation of--
       ``(i) an expert in higher education;
       ``(ii) an expert in special education;
       ``(iii) a disability organization that represents students 
     with intellectual disabilities; and
       ``(iv) a State, regional, or national accrediting agency or 
     association recognized by the Secretary under subpart 2 of 
     part H of title IV; and
       ``(B) define the necessary components of such programs, 
     such as--
       ``(i) academic, vocational, social, and independent living 
     skills;
       ``(ii) evaluation of student progress;
       ``(iii) program administration and evaluation;
       ``(iv) student eligibility; and
       ``(v) issues regarding the equivalency of a student's 
     participation in such programs to semester, trimester, 
     quarter, credit, or clock hours at an institution of higher 
     education, as the case may be;
       ``(6) analyze possible funding streams for such programs 
     and provide recommendations regarding the funding streams;
       ``(7) develop model memoranda of agreement between 
     institutions of higher education and agencies providing 
     funding for such programs;
       ``(8) develop mechanisms for regular communication between 
     the recipients of grants under section 773 regarding such 
     programs; and
       ``(9) host a meeting of all recipients of grants under 
     section 773 not less often than once a year.
       ``(c) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means an entity, or a partnership of 
     entities, that has demonstrated expertise in the fields of 
     higher education, students with intellectual disabilities, 
     the development of comprehensive transition and postsecondary 
     programs for students with intellectual disabilities, and 
     evaluation.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.
       (c) Conforming Amendments.--Part D of title VII (20 U.S.C. 
     1140 et seq.) is further amended--
       (1) in section 761, by striking ``part'' and inserting 
     ``subpart'';
       (2) in section 762 (as amended by subsection (a)), by 
     striking ``part'' each place the term appears and inserting 
     ``subpart'';
       (3) in section 763, by striking ``part'' both places the 
     term appears and inserting ``subpart'';
       (4) in section 764, by striking ``part'' and inserting 
     ``subpart''; and
       (5) in section 765, by striking ``part'' and inserting 
     ``subpart''.

     SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS TO ENSURE 
                   STUDENTS WITH DISABILITIES RECEIVE A QUALITY 
                   HIGHER EDUCATION.

       Section 763 (as amended in section 714(c)(3)) (20 U.S.C. 
     1140b) is further amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) a description of how such institution plans to 
     address the activities allowed under this subpart;'';
       (2) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (3) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) a description of the extent to which the institution 
     will work to replicate the research based and best practices 
     of institutions of higher education with demonstrated success 
     in serving students with disabilities.''.

     SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR DEMONSTRATION 
                   PROJECTS TO ENSURE STUDENTS WITH DISABILITIES 
                   RECEIVE A QUALITY HIGHER EDUCATION.

       Section 765 (20 U.S.C. 1140d) is amended by striking 
     ``$10,000,000 for fiscal year 1999'' and all that follows 
     through the period and inserting ``such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years.''.

     SEC. 717. RESEARCH GRANTS.

       Title VII (20 U.S.C. 1133 et seq.) is further amended by 
     adding at the end the following:

[[Page 20520]]



                       ``PART E--RESEARCH GRANTS

     ``SEC. 781. RESEARCH GRANTS.

       ``(a) Grants Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to develop or improve valid and 
     reliable measures of student achievement for use by 
     institutions of higher education to measure and evaluate 
     learning in higher education.
       ``(b) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) an institution of higher education;
       ``(B) a State agency responsible for higher education;
       ``(C) a recognized higher education accrediting agency or 
     an organization of higher education accreditors;
       ``(D) an eligible applicant described in section 174(c) of 
     the Education Sciences Reform Act of 2002; and
       ``(E) a consortium of any combination of entities described 
     in subparagraphs (A) through (D).
       ``(c) Application.--
       ``(1) In general.--Each eligible entity that desires a 
     grant under this part shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       ``(2) Contents.--Each application submitted under 
     subsection (a) shall include a description of how the 
     eligible entity--
       ``(A) will work with relevant experts, including 
     psychometricians, research experts, institutions, 
     associations, and other qualified individuals as determined 
     appropriate by the eligible entity;
       ``(B) will reach a broad and diverse range of audiences;
       ``(C) has participated in work in improving postsecondary 
     education;
       ``(D) has participated in work in developing or improving 
     assessments to measure student achievement;
       ``(E) includes faculty, to the extent practicable, in the 
     development of any assessments or measures of student 
     achievement; and
       ``(F) will focus on program specific measures of student 
     achievement generally applicable to an entire--
       ``(i) institution of higher education; or
       ``(ii) State system of higher education.
       ``(d) Award Basis.--In awarding grants under this section, 
     the Secretary shall take into consideration--
       ``(1) the quality of an application for a grant under this 
     section;
       ``(2) the distribution of the grants to different--
       ``(A) geographic regions;
       ``(B) types of institutions of higher education; and
       ``(C) higher education accreditors.
       ``(e) Use of Funds.--Each eligible entity receiving a grant 
     under this section may use the grant funds--
       ``(1) to enable the eligible entity to improve the quality, 
     validity, and reliability of existing assessments used by 
     institutions of higher education;
       ``(2) to develop measures of student achievement using 
     multiple measures of student achievement from multiple 
     sources;
       ``(3) to measure improvement in student achievement over 
     time;
       ``(4) to evaluate student achievement;
       ``(5) to develop models of effective practices; and
       ``(6) for a pilot or demonstration project of measures of 
     student achievement.
       ``(f) Matching Requirement.--An eligible entity described 
     in subparagraph (A), (B), or (C) of subsection (b)(1) that 
     receives a grant under this section shall provide for each 
     fiscal year, from non-Federal sources, an amount (which may 
     be provided in cash or in kind), to carry out the activities 
     supported by the grant, equal to 50 percent of the amount 
     received for the fiscal year under the grant.
       ``(g) Supplement, Not Supplant.--Grant funds provided under 
     this section shall be used to supplement, not supplant, other 
     Federal or State funds.
       ``(h) Report.--
       ``(1) Report.--The Secretary shall provide an annual report 
     to Congress on the implementation of the grant program 
     assisted under this section.
       ``(2) Content.--The report shall include--
       ``(A) information regarding the development or improvement 
     of scientifically valid and reliable measures of student 
     achievement;
       ``(B) a description of the assessments or other measures 
     developed by eligible entities;
       ``(C) the results of any pilot or demonstration projects 
     assisted under this section; and
       ``(D) such other information as the Secretary may 
     require.''.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. MISCELLANEOUS.

       The Act (20 U.S.C. 1001 et seq.) is amended by adding at 
     the end the following:

                      ``TITLE VIII--MISCELLANEOUS

           ``PART A--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM

     ``SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.

       ``(a) Program Authorized.--The Secretary is authorized to 
     award grants to States, on a competitive basis, to enable the 
     States to award eligible students, who complete a rigorous 
     secondary school curriculum in mathematics and science, 
     scholarships for undergraduate study.
       ``(b) Eligible Students.--A student is eligible for a 
     scholarship under this section if the student is a full-time 
     undergraduate student in the student's first and second year 
     of study who has completed a rigorous secondary school 
     curriculum in mathematics and science.
       ``(c) Rigorous Curriculum.--Each participating State shall 
     determine the requirements for a rigorous secondary school 
     curriculum in mathematics and science described in subsection 
     (b).
       ``(d) Priority for Scholarships.--The Governor of a State 
     may set a priority for awarding scholarships under this 
     section for particular eligible students, such as students 
     attending schools in high-need areas, students who are from 
     groups underrepresented in the fields of mathematics, 
     science, and engineering, students served by local 
     educational agencies that do not meet or exceed State 
     standards in mathematics and science, or students with 
     regional or geographic needs as determined appropriate by the 
     Governor.
       ``(e) Amount and Duration of Scholarship.--The Secretary 
     shall award a grant under this section--
       ``(1) in an amount that does not exceed $1,000; and
       ``(2) for not more than 2 years of undergraduate study.
       ``(f) Matching Requirement.--In order to receive a grant 
     under this section, a State shall provide matching funds for 
     the scholarships awarded under this section in an amount 
     equal to 50 percent of the Federal funds received.
       ``(g) Authorization.--There are authorized to be 
     appropriated to carry out this section such sums as may be 
     necessary for fiscal year 2008 and each of the 5 succeeding 
     fiscal years.

              ``PART B--POSTSECONDARY EDUCATION ASSESSMENT

     ``SEC. 816. POSTSECONDARY EDUCATION ASSESSMENT.

       ``(a) Contract for Assessment.--The Secretary shall enter 
     into a contract, with an independent, bipartisan organization 
     with specific expertise in public administration and 
     financial management, to carry out an independent assessment 
     of the cost factors associated with the cost of tuition at 
     institutions of higher education.
       ``(b) Timeframe.--The Secretary shall enter into the 
     contract described in subsection (a) not later than 90 days 
     after the date of enactment of the Higher Education 
     Amendments of 2007.
       ``(c) Matters Assessed.--The assessment described in 
     subsection (a) shall--
       ``(1) examine the key elements driving the cost factors 
     associated with the cost of tuition at institutions of higher 
     education during the 2001-2002 academic year and succeeding 
     academic years;
       ``(2) identify and evaluate measures being used to control 
     postsecondary education costs;
       ``(3) identify and evaluate effective measures that may be 
     utilized to control postsecondary education costs in the 
     future; and
       ``(4) identify systemic approaches to monitor future 
     postsecondary education cost trends and postsecondary 
     education cost control mechanisms.

 ``PART C--JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES

     ``SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR 
                   INDUSTRIES.

       ``(a) Grants Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to eligible 
     partnerships to enable the eligible partnerships to provide 
     relevant job skill training in high-growth industries or 
     occupations.
       ``(b) Definitions.--In this section:
       ``(1) Eligible partnership.--The term `eligible 
     partnership' means a partnership--
       ``(A) between an institution of higher education and a 
     local board (as such term is defined in section 101 of the 
     Workforce Investment Act of 1998); or
       ``(B) if an institution of higher education is located 
     within a State that does not operate local boards, between 
     the institution of higher education and a State board (as 
     such term is defined in section 101 of the Workforce 
     Investment Act of 1998).
       ``(2) Nontraditional student.--The term `nontraditional 
     student' means a student who--
       ``(A) is independent, as defined in section 480(d);
       ``(B) attends an institution of higher education--
       ``(i) on less than a full-time basis;
       ``(ii) via evening, weekend, modular, or compressed 
     courses; or
       ``(iii) via distance education methods; or
       ``(C) has delayed enrollment at an institution of higher 
     education.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' means an institution of 
     higher education, as defined in section 101(b), that offers a 
     1- or 2-year program of study leading to a degree or 
     certificate.
       ``(c) Application.--
       ``(1) In general.--Each eligible partnership that desires a 
     grant under this section shall

[[Page 20521]]

     submit an application to the Secretary at such time, in such 
     manner, and accompanied by such additional information as the 
     Secretary may require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include a description of--
       ``(A) how the eligible partnership, through the institution 
     of higher education, will provide relevant job skill training 
     for students to enter high-growth occupations or industries;
       ``(B) local high-growth occupations or industries; and
       ``(C) the need for qualified workers to meet the local 
     demand of high-growth occupations or industries.
       ``(d) Award Basis.--In awarding grants under this section, 
     the Secretary shall--
       ``(1) ensure an equitable distribution of grant funds under 
     this section among urban and rural areas of the United 
     States; and
       ``(2) take into consideration the capability of the 
     institution of higher education--
       ``(A) to offer relevant, high quality instruction and job 
     skill training for students entering a high-growth occupation 
     or industry;
       ``(B) to involve the local business community and to place 
     graduates in the community in employment in high-growth 
     occupations or industries;
       ``(C) to provide secondary students with dual-enrollment or 
     concurrent enrollment options;
       ``(D) to serve nontraditional or low-income students, or 
     adult or displaced workers; and
       ``(E) to serve students from rural or remote communities.
       ``(e) Use of Funds.--Grant funds provided under this 
     section may be used--
       ``(1) to expand or create academic programs or programs of 
     training that provide relevant job skill training for high-
     growth occupations or industries;
       ``(2) to purchase equipment which will facilitate the 
     development of academic programs or programs of training that 
     provide training for high-growth occupations or industries;
       ``(3) to support outreach efforts that enable students to 
     attend institutions of higher education with academic 
     programs or programs of training focused on high-growth 
     occupations or industries;
       ``(4) to expand or create programs for distance, evening, 
     weekend, modular, or compressed learning opportunities that 
     provide relevant job skill training in high-growth 
     occupations or industries;
       ``(5) to build partnerships with local businesses in high-
     growth occupations or industries;
       ``(6) to support curriculum development related to 
     entrepreneurial training; and
       ``(7) for other uses that the Secretary determines to be 
     consistent with the intent of this section.
       ``(f) Requirements.--
       ``(1) Fiscal agent.--For the purpose of this section, the 
     institution of higher education in an eligible partnership 
     shall serve as the fiscal agent and grant recipient for the 
     eligible partnership.
       ``(2) Duration.--The Secretary shall award grants under 
     this section for periods that may not exceed 5 years.
       ``(3) Supplement, not supplant.--Funds made available under 
     this section shall be used to supplement and not supplant 
     other Federal, State, and local funds available to the 
     eligible partnership for carrying out the activities 
     described in subsection (e).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.

   ``PART D--ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL 
                            NURSING STUDENTS

     ``SEC. 826. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR 
                   GRADUATE-LEVEL NURSING STUDENTS.

       ``(a) Authorization.--The Secretary shall award grants to 
     institutions of higher education that offer--
       ``(1) a R.N. nursing program at the baccalaureate or 
     associate degree level to enable such program to expand the 
     faculty and facilities of such program to accommodate 
     additional R.N. nursing program students; or
       ``(2) a graduate-level nursing program to accommodate 
     advanced practice degrees for R.N.s or to accommodate 
     students enrolled in a graduate-level nursing program to 
     provide teachers of nursing students.
       ``(b) Determination of Number of Students and 
     Application.--Each institution of higher education that 
     offers a program described in subsection (a) that desires to 
     receive a grant under this section shall--
       ``(1) determine for the 4 academic years preceding the 
     academic year for which the determination is made the average 
     number of matriculated nursing program students at such 
     institution for such academic years; and
       ``(2) submit an application to the Secretary at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may require, including the average number 
     determined under paragraph (1).
       ``(c) Grant Amount; Award Basis.--
       ``(1) Grant amount.--For each academic year after academic 
     year 2006-2007, the Secretary shall provide to each 
     institution of higher education awarded a grant under this 
     section an amount that is equal to $3,000 multiplied by the 
     number of matriculated nursing program students at such 
     institution for such academic year that is more than the 
     average number determined with respect to such institution 
     under subsection (b)(1). Such amount shall be used for the 
     purposes described in subsection (a).
       ``(2) Distribution of grants among different degree 
     programs.--
       ``(A) In general.--Subject to subparagraph (B), from the 
     funds available to award grants under this section for each 
     fiscal year, the Secretary shall--
       ``(i) use 20 percent of such funds to award grants under 
     this section to institutions of higher education for the 
     purpose of accommodating advanced practice degrees or 
     students in graduate-level nursing programs;
       ``(ii) use 40 percent of such funds to award grants under 
     this section to institutions of higher education for the 
     purpose of expanding R.N. nursing programs at the 
     baccalaureate degree level; and
       ``(iii) use 40 percent of such funds to award grants under 
     this section to institutions of higher education for the 
     purpose of expanding R.N. nursing programs at the associate 
     degree level.
       ``(B) Distribution of excess funds.--If, for a fiscal year, 
     funds described in clause (i), (ii), or (iii) of subparagraph 
     (A) remain after the Secretary awards grants under this 
     section to all applicants for the particular category of 
     nursing programs described in such clause, the Secretary 
     shall use equal amounts of the remaining funds to award 
     grants under this section to applicants for the remaining 
     categories of nursing programs.
       ``(C) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall, to the extent practicable, 
     ensure--
       ``(i) an equitable geographic distribution of the grants 
     among the States; and
       ``(ii) an equitable distribution of the grants among 
     different types of institutions of higher education.
       ``(d) Prohibition.--
       ``(1) In general.--Funds provided under this section may 
     not be used for the construction of new facilities.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to prohibit funds provided under this section 
     from being used for the repair or renovation of facilities.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.

                 ``PART E--AMERICAN HISTORY FOR FREEDOM

     ``SEC. 831. AMERICAN HISTORY FOR FREEDOM.

       ``(a) Grants Authorized.--The Secretary is authorized to 
     award 3-year grants, on a competitive basis, to eligible 
     institutions to establish or strengthen postsecondary 
     academic programs or centers that promote and impart 
     knowledge of--
       ``(1) traditional American history;
       ``(2) the history and nature of, and threats to, free 
     institutions; or
       ``(3) the history and achievements of Western civilization.
       ``(b) Definitions.--In this section:
       ``(1) Eligible institution.--The term `eligible 
     institution' means an institution of higher education as 
     defined in section 101.
       ``(2) Free institution.--The term `free institution' means 
     an institution that emerged out of Western civilization, such 
     as democracy, constitutional government, individual rights, 
     market economics, religious freedom and religious tolerance, 
     and freedom of thought and inquiry.
       ``(3) Traditional american history.--The term `traditional 
     American history' means--
       ``(A) the significant constitutional, political, 
     intellectual, economic, and foreign policy trends and issues 
     that have shaped the course of American history; and
       ``(B) the key episodes, turning points, and leading figures 
     involved in the constitutional, political, intellectual, 
     diplomatic, and economic history of the United States.
       ``(c) Application.--
       ``(1) In general.--Each eligible institution that desires a 
     grant under this part shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such additional information as the Secretary may require.
       ``(2) Contents.--Each application submitted under 
     subsection (a) shall include a description of --
       ``(A) how funds made available under this part will be used 
     for the activities set forth under subsection (e), including 
     how such activities will increase knowledge with respect to 
     traditional American history, free institutions, or Western 
     civilization;
       ``(B) how the eligible institution will ensure that 
     information about the activities funded under this part is 
     widely disseminated pursuant to subsection (e)(1)(B);
       ``(C) any activities to be undertaken pursuant to 
     subsection (e)(2)(A), including identification of entities 
     intended to participate;
       ``(D) how funds made available under this part shall be 
     used to supplement and not supplant non-Federal funds 
     available for the activities described in subsection (e); and
       ``(E) such fiscal controls and accounting procedures as may 
     be necessary to ensure

[[Page 20522]]

     proper disbursement of and accounting for funding made 
     available to the eligible institution under this part.
       ``(d) Award Basis.--In awarding grants under this part, the 
     Secretary shall take into consideration the capability of the 
     eligible institution to--
       ``(1) increase access to quality programming that expands 
     knowledge of traditional American history, free institutions, 
     or Western civilization;
       ``(2) involve personnel with strong expertise in 
     traditional American history, free institutions, or Western 
     civilization; and
       ``(3) sustain the activities funded under this part after 
     the grant has expired.
       ``(e) Use of Funds.--
       ``(1) Required use of funds.--Funds provided under this 
     part shall be used to--
       ``(A) establish or strengthen academic programs or centers 
     focused on traditional American history, free institutions, 
     or Western civilization, which may include--
       ``(i) design and implementation of programs of study, 
     courses, lecture series, seminars, and symposia;
       ``(ii) development, publication, and dissemination of 
     instructional materials;
       ``(iii) research;
       ``(iv) support for faculty teaching in undergraduate and, 
     if applicable, graduate programs;
       ``(v) support for graduate and postgraduate fellowships, if 
     applicable; or
       ``(vi) teacher preparation initiatives that stress content 
     mastery regarding traditional American history, free 
     institutions, or Western civilization; and
       ``(B) conduct outreach activities to ensure that 
     information about the activities funded under this part is 
     widely disseminated--
       ``(i) to undergraduate students (including students 
     enrolled in teacher education programs, if applicable);
       ``(ii) to graduate students (including students enrolled in 
     teacher education programs), if applicable;
       ``(iii) to faculty;
       ``(iv) to local educational agencies; and
       ``(v) within the local community.
       ``(2) Allowable uses of funds.--Funds provided under this 
     part may be used to support--
       ``(A) collaboration with entities such as--
       ``(i) local educational agencies, for the purpose of 
     providing elementary, middle and secondary school teachers an 
     opportunity to enhance their knowledge of traditional 
     American history, free institutions, or Western civilization; 
     and
       ``(ii) nonprofit organizations whose mission is consistent 
     with the purpose of this part, such as academic 
     organizations, museums, and libraries, for assistance in 
     carrying out activities described under subsection (a); and
       ``(B) other activities that meet the purposes of this part.
       ``(f) Authorization of Appropriations.--For the purpose of 
     carrying out this part, there are authorized to be 
     appropriated such sums as may be necessary for fiscal year 
     2008 and each of the 5 succeeding fiscal years.

                      ``PART F--TEACH FOR AMERICA

     ``SEC. 836. TEACH FOR AMERICA.

       ``(a) Definitions.--
       ``(1) In general.--The terms `highly qualified', `local 
     educational agency', and `Secretary' have the meanings given 
     the terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       ``(2) Grantee.--The term `grantee' means Teach For America, 
     Inc.
       ``(3) High need.--The term `high need', when used with 
     respect to a local educational agency, means a local 
     educational agency experiencing a shortage of highly 
     qualified teachers.
       ``(b) Grants Authorized.--The Secretary is authorized to 
     award a grant to Teach For America, Inc., the national 
     teacher corps of outstanding recent college graduates who 
     commit to teach for 2 years in underserved communities in the 
     United States, to implement and expand its program of 
     recruiting, selecting, training, and supporting new teachers.
       ``(c) Requirements.--In carrying out the grant program 
     under subsection (b), the Secretary shall enter into an 
     agreement with the grantee under which the grantee agrees to 
     use the grant funds provided under this section--
       ``(1) to provide highly qualified teachers to high need 
     local educational agencies in urban and rural communities;
       ``(2) to pay the cost of recruiting, selecting, training, 
     and supporting new teachers; and
       ``(3) to serve a substantial number and percentage of 
     underserved students.
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds provided under this section 
     shall be used by the grantee to carry out each of the 
     following activities:
       ``(A) Recruiting and selecting teachers through a highly 
     selective national process.
       ``(B) Providing preservice training to the teachers through 
     a rigorous summer institute that includes hands-on teaching 
     experience and significant exposure to education coursework 
     and theory.
       ``(C) Placing the teachers in schools and positions 
     designated by partner local educational agencies as high need 
     placements serving underserved students.
       ``(D) Providing ongoing professional development activities 
     for the teachers' first 2 years in the classroom, including 
     regular classroom observations and feedback, and ongoing 
     training and support.
       ``(2) Limitation.--The grantee shall use all grant funds 
     received under this section to support activities related 
     directly to the recruitment, selection, training, and support 
     of teachers as described in subsection (a).
       ``(e) Reports and Evaluations.--
       ``(1) Annual report.--The grantee shall provide to the 
     Secretary an annual report that includes--
       ``(A) data on the number and quality of the teachers 
     provided to local educational agencies through a grant under 
     this section;
       ``(B) an externally conducted analysis of the satisfaction 
     of local educational agencies and principals with the 
     teachers so provided; and
       ``(C) comprehensive data on the background of the teachers 
     chosen, the training the teachers received, the placement 
     sites of the teachers, the professional development of the 
     teachers, and the retention of the teachers.
       ``(2) Study.--
       ``(A) In general.--From funds appropriated under subsection 
     (f), the Secretary shall provide for a study that examines 
     the achievement levels of the students taught by the teachers 
     assisted under this section.
       ``(B) Achievement gains compared.--The study shall compare, 
     within the same schools, the achievement gains made by 
     students taught by teachers who are assisted under this 
     section with the achievement gains made by students taught by 
     teachers who are not assisted under this section.
       ``(3) Requirements.--The Secretary shall provide for such a 
     study not less than once every 3 years, and each such study 
     shall include multiple placement sites and multiple schools 
     within placement sites.
       ``(4) Peer review standards.--Each such study shall meet 
     the peer review standards of the education research 
     community.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section such sums as may be necessary for 
     fiscal year 2008 and each of the 5 succeeding fiscal years.
       ``(2) Limitation.--The grantee shall not use more than 25 
     percent of Federal funds from any source for administrative 
     costs.

               ``PART G--PATSY T. MINK FELLOWSHIP PROGRAM

     ``SEC. 841. PATSY T. MINK FELLOWSHIP PROGRAM.

       ``(a) Purpose.--
       ``(1) In general.--It is the purpose of this section to 
     provide, through eligible institutions, a program of 
     fellowship awards to assist highly qualified minorities and 
     women to acquire the doctoral degree, or highest possible 
     degree available, in academic areas in which such individuals 
     are underrepresented for the purpose of enabling such 
     individuals to enter the higher education professoriate.
       ``(2) Designation.--Each recipient of a fellowship award 
     from an eligible institution receiving a grant under this 
     section shall be known as a `Patsy T. Mink Graduate Fellow'.
       ``(b) Definitions.--In this section, the term `eligible 
     institution' means an institution of higher education, or a 
     consortium of such institutions, that offers a program of 
     postbaccalaureate study leading to a graduate degree.
       ``(c) Program Authorized.--
       ``(1) Grants by secretary.--
       ``(A) In general.--The Secretary shall award grants to 
     eligible institutions to enable such institutions to make 
     fellowship awards to individuals in accordance with the 
     provisions of this section.
       ``(B) Priority consideration.--In awarding grants under 
     this section, the Secretary shall consider the eligible 
     institution's prior experience in producing doctoral degree, 
     or highest possible degree available, holders who are 
     minorities and women, and shall give priority consideration 
     in making grants under this section to those eligible 
     institutions with a demonstrated record of producing 
     minorities and women who have earned such degrees.
       ``(2) Applications.--
       ``(A) In general.--An eligible institution that desires a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(B) Applications made on behalf.--
       ``(i) In general.--The following entities may submit an 
     application on behalf of an eligible institution:

       ``(I) A graduate school or department of such institution.
       ``(II) A graduate school or department of such institution 
     in collaboration with an undergraduate college or university 
     of such institution.
       ``(III) An organizational unit within such institution that 
     offers a program of postbaccalaureate study leading to a 
     graduate degree, including an interdisciplinary or an 
     interdepartmental program.
       ``(IV) A nonprofit organization with a demonstrated record 
     of helping minorities and women earn postbaccalaureate 
     degrees.

       ``(ii) Nonprofit organizations.--Nothing in this paragraph 
     shall be construed to permit the Secretary to award a grant 
     under

[[Page 20523]]

     this section to an entity other than an eligible institution.
       ``(3) Selection of applications.--In awarding grants under 
     subsection (a), the Secretary shall--
       ``(A) take into account--
       ``(i) the number and distribution of minority and female 
     faculty nationally;
       ``(ii) the current and projected need for highly trained 
     individuals in all areas of the higher education 
     professoriate; and
       ``(iii) the present and projected need for highly trained 
     individuals in academic career fields in which minorities and 
     women are underrepresented in the higher education 
     professoriate; and
       ``(B) consider the need to prepare a large number of 
     minorities and women generally in academic career fields of 
     high national priority, especially in areas in which such 
     individuals are traditionally underrepresented in college and 
     university faculty.
       ``(4) Distribution and amounts of grants.--
       ``(A) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall, to the maximum extent 
     feasible, ensure an equitable geographic distribution of 
     awards and an equitable distribution among public and 
     independent eligible institutions that apply for grants under 
     this section and that demonstrate an ability to achieve the 
     purpose of this section.
       ``(B) Special rule.--To the maximum extent practicable, the 
     Secretary shall use not less than 30 percent of the amount 
     appropriated pursuant to subsection (f) to award grants to 
     eligible institutions that--
       ``(i) are eligible for assistance under title III or title 
     V; or
       ``(ii) have formed a consortium that includes both non-
     minority serving institutions and minority serving 
     institutions.
       ``(C) Allocation.--In awarding grants under this section, 
     the Secretary shall allocate appropriate funds to those 
     eligible institutions whose applications indicate an ability 
     to significantly increase the numbers of minorities and women 
     entering the higher education professoriate and that commit 
     institutional resources to the attainment of the purpose of 
     this section.
       ``(D) Number of fellowship awards.--An eligible institution 
     that receives a grant under this section shall make not less 
     than 15 fellowship awards.
       ``(E) Reallotment.--If the Secretary determines that an 
     eligible institution awarded a grant under this section is 
     unable to use all of the grant funds awarded to the 
     institution, the Secretary shall reallot, on such date during 
     each fiscal year as the Secretary may fix, the unused funds 
     to other eligible institutions that demonstrate that such 
     institutions can use any reallocated grant funds to make 
     fellowship awards to individuals under this section.
       ``(5) Institutional allowance.--
       ``(A) In general.--
       ``(i) Number of allowances.--In awarding grants under this 
     section, the Secretary shall pay to each eligible institution 
     awarded a grant, for each individual awarded a fellowship by 
     such institution under this section, an institutional 
     allowance.
       ``(ii) Amount.--Except as provided in paragraph (3), an 
     institutional allowance shall be in an amount equal to, for 
     academic year 2007-2008 and succeeding academic years, the 
     amount of institutional allowance made to an institution of 
     higher education under section 715 for such academic year.
       ``(B) Use of funds.--Institutional allowances may be 
     expended in the discretion of the eligible institution and 
     may be used to provide, except as prohibited under paragraph 
     (4), academic support and career transition services for 
     individuals awarded fellowships by such institution.
       ``(C) Reduction.--The institutional allowance paid under 
     paragraph (1) shall be reduced by the amount the eligible 
     institution charges and collects from a fellowship recipient 
     for tuition and other expenses as part of the recipient's 
     instructional program.
       ``(D) Use for overhead prohibited.--Funds made available 
     under this section may not be used for general operational 
     overhead of the academic department or institution receiving 
     funds under this section.
       ``(d) Fellowship Recipients.--
       ``(1) Authorization.--An eligible institution that receives 
     a grant under this section shall use the grant funds to make 
     fellowship awards to minorities and women who are enrolled at 
     such institution in a doctoral degree, or highest possible 
     degree available, program and--
       ``(A) intend to pursue a career in instruction at--
       ``(i) an institution of higher education (as the term is 
     defined in section 101);
       ``(ii) an institution of higher education (as the term is 
     defined in section 102(a)(1));
       ``(iii) an institution of higher education outside the 
     United States (as the term is described in section 
     102(a)(2)); or
       ``(iv) a proprietary institution of higher education (as 
     the term is defined in section 102(b)); and
       ``(B) sign an agreement with the Secretary agreeing--
       ``(i) to begin employment at an institution described in 
     paragraph (1) not later than 3 years after receiving the 
     doctoral degree or highest possible degree available, which 
     3-year period may be extended by the Secretary for 
     extraordinary circumstances; and
       ``(ii) to be employed by such institution for 1 year for 
     each year of fellowship assistance received under this 
     section.
       ``(2) Failure to comply.--If an individual who receives a 
     fellowship award under this section fails to comply with the 
     agreement signed pursuant to subsection (a)(2), then the 
     Secretary shall do 1 or both of the following:
       ``(A) Require the individual to repay all or the applicable 
     portion of the total fellowship amount awarded to the 
     individual by converting the balance due to a loan at the 
     interest rate applicable to loans made under part B of title 
     IV.
       ``(B) Impose a fine or penalty in an amount to be 
     determined by the Secretary.
       ``(3) Waiver and modification.--
       ``(A) Regulations.--The Secretary shall promulgate 
     regulations setting forth criteria to be considered in 
     granting a waiver for the service requirement under 
     subsection (a)(2).
       ``(B) Content.--The criteria under paragraph (1) shall 
     include whether compliance with the service requirement by 
     the fellowship recipient would be--
       ``(i) inequitable and represent an extraordinary hardship; 
     or
       ``(ii) deemed impossible because the individual is 
     permanently and totally disabled at the time of the waiver 
     request.
       ``(4) Amount of fellowship awards.--Fellowship awards under 
     this section shall consist of a stipend in an amount equal to 
     the level of support provided to the National Science 
     Foundation graduate fellows, except that such stipend shall 
     be adjusted as necessary so as not to exceed the fellow's 
     tuition and fees or demonstrated need (as determined by the 
     institution of higher education where the graduate student is 
     enrolled), whichever is greater.
       ``(5) Academic progress required.--An individual student 
     shall not be eligible to receive a fellowship award--
       ``(A) except during periods in which such student is 
     enrolled, and such student is maintaining satisfactory 
     academic progress in, and devoting essentially full time to, 
     study or research in the pursuit of the degree for which the 
     fellowship support was awarded; and
       ``(B) if the student is engaged in gainful employment, 
     other than part-time employment in teaching, research, or 
     similar activity determined by the eligible institution to be 
     consistent with and supportive of the student's progress 
     toward the appropriate degree.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to require an eligible institution that receives 
     a grant under this section--
       ``(1) to grant a preference or to differentially treat any 
     applicant for a faculty position as a result of the 
     institution's participation in the program under this 
     section; or
       ``(2) to hire a Patsy T. Mink Fellow who completes this 
     program and seeks employment at such institution.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2008 for each of the 5 
     succeeding fiscal years.

      ``PART H--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS

     ``SEC. 846. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 
                   SCHOOLS.

       ``(a) In General.--The Secretary shall contract with 1 
     nonprofit organization described in subsection (b) to enable 
     the nonprofit organization--
       ``(1) to make publicly available the year-to-year higher 
     education enrollment rate trends of secondary school 
     students, disaggregated by secondary school, in full 
     compliance with the Family Education Rights and Privacy Act 
     of 1974;
       ``(2) to identify not less than 50 urban local educational 
     agencies and 5 States with significant rural populations, 
     each serving a significant population of low-income students, 
     and to carry out a comprehensive needs assessment in the 
     agencies and States of the factors known to contribute to 
     improved higher education enrollment rates, which factors 
     shall include--
       ``(A) an evaluation of the local educational agency's and 
     State's leadership strategies;
       ``(B) the secondary school curriculum and class offerings 
     of the local educational agency and State;
       ``(C) the professional development used by the local 
     educational agency and the State to assist teachers, higher 
     education counselors, and administrators in supporting the 
     transition of secondary students into higher education;
       ``(D) secondary school student attendance and other factors 
     demonstrated to be associated with enrollment into higher 
     education;
       ``(E) the data systems used by the local educational agency 
     and the State to measure college enrollment rates and the 
     incentives in place to motivate the efforts of faculty and 
     students to improve student and school-wide outcomes; and
       ``(F) strategies to mobilize student leaders to build a 
     college-bound culture; and
       ``(3) to provide comprehensive services to improve the 
     school-wide higher education enrollment rates of each of not 
     less than 10 local educational agencies and States, with the 
     federally funded portion of each project declining by not 
     less than 20 percent each

[[Page 20524]]

     year beginning in the second year of the comprehensive 
     services, that--
       ``(A) participated in the needs assessment described in 
     paragraph (2); and
       ``(B) demonstrated a willingness and commitment to 
     improving the higher education enrollment rates of the local 
     educational agency or State, respectively.
       ``(b) Grant Recipient Criteria.--The recipient of the grant 
     awarded under subsection (a) shall be a nonprofit 
     organization with demonstrated expertise--
       ``(1) in increasing school-wide higher education enrollment 
     rates in low-income communities nationwide by providing 
     curriculum, training, and technical assistance to secondary 
     school staff and student peer influencers; and
       ``(2) in a college transition data management system.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for fiscal year 2008 and each of the 5 
     succeeding fiscal years.

               ``PART I--PREDOMINANTLY BLACK INSTITUTIONS

     ``SEC. 850. PREDOMINANTLY BLACK INSTITUTIONS.

       ``(a) Purpose.--It is the purpose of this section to assist 
     Predominantly Black Institutions in expanding educational 
     opportunity through a program of Federal assistance.
       ``(b) Definitions.--In this section:
       ``(1) Educational and general expenditures.--The term 
     `educational and general expenditures' has the meaning given 
     the term in section 312.
       ``(2) Eligible institution.--The term `eligible 
     institution' means an institution of higher education that--
       ``(A) has an enrollment of needy undergraduate students;
       ``(B) has an average educational and general expenditure 
     which is low, per full-time equivalent undergraduate student 
     in comparison with the average educational and general 
     expenditure per full-time equivalent undergraduate student of 
     institutions that offer similar instruction, except that the 
     Secretary may apply the waiver requirements described in 
     section 392(b) to this subparagraph in the same manner as the 
     Secretary applies the waiver requirements to section 
     312(b)(1)(B);
       ``(C) has an enrollment of undergraduate students that is 
     not less than 40 percent Black American students;
       ``(D) is legally authorized to provide, and provides within 
     the State, an educational program for which the institution 
     of higher education awards a baccalaureate degree, or in the 
     case of a junior or community college, an associate's degree; 
     and
       ``(E) is accredited by a nationally recognized accrediting 
     agency or association determined by the Secretary to be a 
     reliable authority as to the quality of training offered, or 
     is, according to such an agency or association, making 
     reasonable progress toward accreditation.
       ``(3) Endowment fund.--The term `endowment fund' has the 
     meaning given the term in section 312.
       ``(4) Enrollment of needy students.--The term `enrollment 
     of needy students' means the enrollment at an eligible 
     institution with respect to which not less than 50 percent of 
     the undergraduate students enrolled in an academic program 
     leading to a degree--
       ``(A) in the second fiscal year preceding the fiscal year 
     for which the determination is made, were Federal Pell Grant 
     recipients for such year;
       ``(B) come from families that receive benefits under a 
     means-tested Federal benefit program;
       ``(C) attended a public or nonprofit private secondary 
     school--
       ``(i) that is in the school district of a local educational 
     agency that was eligible for assistance under part A of title 
     I of the Elementary and Secondary Education Act of 1965 for 
     any year during which the student attended such secondary 
     school; and
       ``(ii) which for the purpose of this paragraph and for that 
     year was determined by the Secretary (pursuant to regulations 
     and after consultation with the State educational agency of 
     the State in which the school is located) to be a school in 
     which the enrollment of children counted under section 
     1113(a)(5) of such Act exceeds 30 percent of the total 
     enrollment of such school; or
       ``(D) are first-generation college students and a majority 
     of such first-generation college students are low-income 
     individuals.
       ``(5) First generation college student.--The term `first 
     generation college student' has the meaning given the term in 
     section 402A(g).
       ``(6) Low-income individual.--The term `low-income 
     individual' has the meaning given such term in section 
     402A(g).
       ``(7) Means-tested federal benefit program.--The term 
     `means-tested Federal benefit program' means a program of the 
     Federal Government, other than a program under title IV, in 
     which eligibility for the program's benefits, or the amount 
     of such benefits, are determined on the basis of income or 
     resources of the individual or family seeking the benefit.
       ``(8) Predominantly black institution.--The term 
     `Predominantly Black Institution' means an institution of 
     higher education, as defined in section 101(a)--
       ``(A) that is an eligible institution with not less than 
     1,000 undergraduate students;
       ``(B) at which not less than 50 percent of the 
     undergraduate students enrolled at the eligible institution 
     are low-income individuals or first generation college 
     students; and
       ``(C) at which not less than 50 percent of the 
     undergraduate students are enrolled in an educational program 
     leading to a bachelor's or associate's degree that the 
     eligible institution is licensed to award by the State in 
     which the eligible institution is located.
       ``(9) State.--The term `State' means each of the 50 States 
     and the District of Columbia.
       ``(c) Grant Authority.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, from allotments under subsection (e), to 
     Predominantly Black Institutions to enable the Predominantly 
     Black Institutions to carry out the authorized activities 
     described in subsection (d).
       ``(2) Priority.--In awarding grants under this section the 
     Secretary shall give priority to Predominantly Black 
     Institutions with large numbers or percentages of students 
     described in subsections (b)(2)(A) or (b)(2)(C). The level of 
     priority given to Predominantly Black Institutions with large 
     numbers or percentages of students described in subsection 
     (b)(2)(A) shall be twice the level of priority given to 
     Predominantly Black Institutions with large numbers or 
     percentages of students described in subsection (b)(2)(C).
       ``(d) Authorized Activities.--
       ``(1) Required activities.--Grant funds provided under this 
     section shall be used--
       ``(A) to assist the Predominantly Black Institution to 
     plan, develop, undertake, and implement programs to enhance 
     the institution's capacity to serve more low- and middle-
     income Black American students;
       ``(B) to expand higher education opportunities for students 
     eligible to participate in programs under title IV by 
     encouraging college preparation and student persistence in 
     secondary school and postsecondary education; and
       ``(C) to strengthen the financial ability of the 
     Predominantly Black Institution to serve the academic needs 
     of the students described in subparagraphs (A) and (B).
       ``(2) Additional activities.--Grant funds provided under 
     this section shall be used for 1 or more of the following 
     activities:
       ``(A) The activities described in paragraphs (1) through 
     (11) of section 311(c).
       ``(B) Academic instruction in disciplines in which Black 
     Americans are underrepresented.
       ``(C) Establishing or enhancing a program of teacher 
     education designed to qualify students to teach in a public 
     elementary school or secondary school in the State that shall 
     include, as part of such program, preparation for teacher 
     certification or licensure.
       ``(D) Establishing community outreach programs that will 
     encourage elementary school and secondary school students to 
     develop the academic skills and the interest to pursue 
     postsecondary education.
       ``(E) Other activities proposed in the application 
     submitted pursuant to subsection (f) that--
       ``(i) contribute to carrying out the purpose of this 
     section; and
       ``(ii) are approved by the Secretary as part of the review 
     and approval of an application submitted under subsection 
     (f).
       ``(3) Endowment fund.--
       ``(A) In general.--A Predominantly Black Institution may 
     use not more than 20 percent of the grant funds provided 
     under this section to establish or increase an endowment fund 
     at the institution.
       ``(B) Matching requirement.--In order to be eligible to use 
     grant funds in accordance with subparagraph (A), a 
     Predominantly Black Institution shall provide matching funds 
     from non-Federal sources, in an amount equal to or greater 
     than the Federal funds used in accordance with subparagraph 
     (A), for the establishment or increase of the endowment fund.
       ``(C) Comparability.--The provisions of part C of title 
     III, regarding the establishment or increase of an endowment 
     fund, that the Secretary determines are not inconsistent with 
     this subsection, shall apply to funds used under subparagraph 
     (A).
       ``(4) Limitation.--Not more than 50 percent of the grant 
     funds provided to a Predominantly Black Institution under 
     this section may be available for the purpose of constructing 
     or maintaining a classroom, library, laboratory, or other 
     instructional facility.
       ``(e) Allotments to Predominantly Black Institutions.--
       ``(1) Federal pell grant basis.--From the amounts 
     appropriated to carry out this section for any fiscal year, 
     the Secretary shall allot to each Predominantly Black 
     Institution having an application approved under subsection 
     (f) a sum that bears the same ratio to one-half of that 
     amount as the number of Federal Pell Grant recipients in 
     attendance at such institution at the end of the academic 
     year preceding the beginning of that fiscal year, bears to 
     the total number of Federal Pell Grant recipients at all such 
     institutions at the end of such academic year.
       ``(2) Graduates basis.--From the amounts appropriated to 
     carry out this section for

[[Page 20525]]

     any fiscal year, the Secretary shall allot to each 
     Predominantly Black Institution having an application 
     approved under subsection (f) a sum that bears the same ratio 
     to one-fourth of that amount as the number of graduates for 
     such academic year at such institution, bears to the total 
     number of graduates for such academic year at all such 
     institutions.
       ``(3) Graduates seeking a higher degree basis.--From the 
     amounts appropriated to carry out this section for any fiscal 
     year, the Secretary shall allot to each Predominantly Black 
     Institution having an application approved under subsection 
     (f) a sum that bears the same ratio to one-fourth of that 
     amount as the percentage of graduates from such institution 
     who are admitted to and in attendance at, not later than 2 
     years after graduation with an associate's degree or a 
     baccalaureate degree, a baccalaureate degree-granting 
     institution or a graduate or professional school in a degree 
     program in disciplines in which Black American students are 
     underrepresented, bears to the percentage of such graduates 
     for all such institutions.
       ``(4) Minimum allotment.--
       ``(A) In general.--Notwithstanding paragraphs (1), (2), and 
     (3), the amount allotted to each Predominantly Black 
     Institution under this section shall not be less than 
     $250,000.
       ``(B) Insufficient amount.--If the amount appropriated 
     pursuant to subsection (i) for a fiscal year is not 
     sufficient to pay the minimum allotment provided under 
     subparagraph (A) for the fiscal year, then the amount of such 
     minimum allotment shall be ratably reduced. If additional 
     sums become available for such fiscal year, such reduced 
     allotment shall be increased on the same basis as the 
     allotment was reduced until the amount allotted equals the 
     minimum allotment required under subparagraph (A).
       ``(5) Reallotment.--The amount of a Predominantly Black 
     Institution's allotment under paragraph (1), (2), (3), or (4) 
     for any fiscal year that the Secretary determines will not be 
     required for such institution for the period such allotment 
     is available, shall be available for reallotment to other 
     Predominantly Black Institutions in proportion to the 
     original allotment to such other institutions under this 
     section for such fiscal year. The Secretary shall reallot 
     such amounts from time to time, on such date and during such 
     period as the Secretary determines appropriate.
       ``(f) Applications.--Each Predominantly Black Institution 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing or accompanied by such information as the 
     Secretary may reasonably require.
       ``(g) Prohibition.--No Predominantly Black Institution that 
     applies for and receives a grant under this section may apply 
     for or receive funds under any other program under part A or 
     part B of title III.
       ``(h) Duration and Carryover.--Any grant funds paid to a 
     Predominantly Black Institution under this section that are 
     not expended or used for the purposes for which the funds 
     were paid within 10 years following the date on which the 
     grant was awarded, shall be repaid to the Treasury.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of 5 
     succeeding fiscal years.

``PART J--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER 
                               TASK FORCE

     ``SEC. 851. SHORT TITLE.

       ``This part may be cited as the `Early Childhood Education 
     Professional Development and Career Task Force Act'.

     ``SEC. 852. PURPOSE.

       ``It is the purpose of this part--
       ``(1) to improve the quality of the early childhood 
     education workforce by creating a statewide early childhood 
     education professional development and career task force for 
     early childhood education program staff, directors, and 
     administrators; and
       ``(2) to create--
       ``(A) a coherent system of core competencies, pathways to 
     qualifications, credentials, degrees, quality assurances, 
     access, and outreach, for early childhood education program 
     staff, directors, and administrators, that is linked to 
     compensation commensurate with experience and qualifications;
       ``(B) articulation agreements that enable early childhood 
     education professionals to transition easily among degrees; 
     and
       ``(C) compensation initiatives for individuals working in 
     an early childhood education program that reflect the 
     individuals' credentials, degrees, and experience.

     ``SEC. 853. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.

       ``In this part, the term `early childhood education 
     program' means--
       ``(1) a family child care program, center-based child care 
     program, State prekindergarten program, or school-based 
     program, that--
       ``(A) provides early childhood education;
       ``(B) uses developmentally appropriate practices;
       ``(C) is licensed or regulated by the State; and
       ``(D) serves children from birth through age 5;
       ``(2) a Head Start Program carried out under the Head Start 
     Act; or
       ``(3) an Early Head Start Program carried out under section 
     645A of the Head Start Act.

     ``SEC. 854. GRANTS AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to States in accordance with the provisions of this 
     part to enable such States--
       ``(1) to establish a State Task Force described in section 
     855; and
       ``(2) to support activities of the State Task Force 
     described in section 856.
       ``(b) Competitive Basis.--Grants under this part shall be 
     awarded on a competitive basis.
       ``(c) Equitable Geographic Distribution.--In awarding 
     grants under this part, the Secretary shall take into 
     consideration providing an equitable geographic distribution 
     of such grants.
       ``(d) Duration.--Grants under this part shall be awarded 
     for a period of 5 years.

     ``SEC. 855. STATE TASK FORCE ESTABLISHMENT.

       ``(a) State Task Force Established.--The Governor of a 
     State receiving a grant under this part shall establish, or 
     designate an existing entity to serve as, the State Early 
     Childhood Education Professional Development and Career Task 
     Force (hereafter in this part referred to as the `State Task 
     Force').
       ``(b) Membership.--The State Task Force shall include a 
     representative of a State agency, an institution of higher 
     education (including an associate or a baccalaureate degree 
     granting institution of higher education), an early childhood 
     education program, a nonprofit early childhood organization, 
     a statewide early childhood workforce scholarship or 
     supplemental initiative, and any other entity or individual 
     the Governor determines appropriate.

     ``SEC. 856. STATE TASK FORCE ACTIVITIES.

       ``(a) Activities.--The State Task Force shall--
       ``(1) coordinate and communicate regularly with the State 
     Advisory Council on Early Care and Education (hereafter in 
     this part referred to as `State Advisory Council') or a 
     similar State entity charged with creating a comprehensive 
     system of early care and education in the State, for the 
     purposes of--
       ``(A) integrating recommendations for early childhood 
     professional development and career activities into the plans 
     of the State Advisory Council; and
       ``(B) assisting in the implementation of professional 
     development and career activities that are consistent with 
     the plans described in subparagraph (A);
       ``(2) conduct a review of opportunities for and barriers to 
     high quality professional development, training, and higher 
     education degree programs, in early childhood development and 
     learning, including a periodic statewide survey concerning 
     the demographics of individuals working in early childhood 
     education programs in the State, which survey shall include 
     information disaggregated by--
       ``(A) race, gender, and ethnicity;
       ``(B) compensation levels;
       ``(C) type of early childhood education program setting;
       ``(D) specialized knowledge of child development;
       ``(E) years of experience in an early childhood education 
     program; and
       ``(F) attainment of--
       ``(i) academic credit for coursework;
       ``(ii) an academic degree;
       ``(iii) a credential;
       ``(iv) licensure; or
       ``(v) certification in early childhood education; and
       ``(3) develop a plan for a comprehensive statewide 
     professional development and career system for individuals 
     working in early childhood education programs or for early 
     childhood education providers, which plan shall include--
       ``(A) methods of providing outreach to early childhood 
     education program staff, directors, and administrators, 
     including methods for how outreach is provided to non-English 
     speaking providers, in order to enable the providers to be 
     aware of opportunities and resources under the statewide 
     plan;
       ``(B) developing a unified data collection and 
     dissemination system for early childhood education training, 
     professional development, and higher education programs;
       ``(C) increasing the participation of early childhood 
     educators in high quality training and professional 
     development by assisting in paying the costs of enrollment in 
     and completion of such training and professional development 
     courses;
       ``(D) increasing the participation of early childhood 
     educators in postsecondary education programs leading to 
     degrees in early childhood education by providing assistance 
     to pay the costs of enrollment in and completion of such 
     postsecondary education programs, which assistance--
       ``(i) shall only be provided to an individual who--

       ``(I) enters into an agreement under which the individual 
     agrees to work, for a reasonable number of years after 
     receiving such a

[[Page 20526]]

     degree, in an early childhood education program that is 
     located in a low-income area; and
       ``(II) has a family income equal to or less than the 
     annually adjusted national median family income as determined 
     by the Bureau of the Census; and

       ``(ii) shall be provided in an amount that does not exceed 
     $17,500;
       ``(E) supporting professional development activities and a 
     career lattice for a variety of early childhood professional 
     roles with varying professional qualifications and 
     responsibilities for early childhood education personnel, 
     including strategies to enhance the compensation of such 
     personnel;
       ``(F) supporting articulation agreements between 2- and 4-
     year public and private institutions of higher education and 
     mechanisms to transform other training, professional 
     development, and experience into academic credit;
       ``(G) developing mentoring and coaching programs to support 
     new educators in and directors of early childhood education 
     programs;
       ``(H) providing career development advising with respect to 
     the field of early childhood education, including informing 
     an individual regarding--
       ``(i) entry into and continuing education requirements for 
     professional roles in the field;
       ``(ii) available financial assistance; and
       ``(iii) professional development and career advancement in 
     the field;
       ``(I) enhancing the quality of faculty and coursework in 
     postsecondary programs that lead to an associate, 
     baccalaureate, or graduate degree in early childhood 
     education;
       ``(J) consideration of the availability of on-line graduate 
     level professional development offered by institutions of 
     higher education with experience and demonstrated expertise 
     in establishing programs in child development, in order to 
     improve the skills and expertise of individuals working in 
     early childhood education programs; and
       ``(K) developing or enhancing a system of quality assurance 
     with respect to the early childhood education professional 
     development and career system, including standards or 
     qualifications for individuals and entities who offer 
     training and professional development in early childhood 
     education.
       ``(b) Public Hearings.--The State Task Force shall hold 
     public hearings and provide an opportunity for public comment 
     on the activities described in the statewide plan described 
     in subsection (a)(3).
       ``(c) Periodic Review.--The State Task Force shall meet 
     periodically to review implementation of the statewide plan 
     and to recommend any changes to the statewide plan the State 
     Task Force determines necessary.

     ``SEC. 857. STATE APPLICATION AND REPORT.

       ``(a) In General.--Each State desiring a grant under this 
     part shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may reasonably require. Each such application 
     shall include a description of--
       ``(1) the membership of the State Task Force;
       ``(2) the activities for which the grant assistance will be 
     used;
       ``(3) other Federal, State, local, and private resources 
     that will be available to support the activities of the State 
     Task Force described in section 856;
       ``(4) the availability within the State of training, early 
     childhood educator preparation, professional development, 
     compensation initiatives, and career systems, related to 
     early childhood education; and
       ``(5) the resources available within the State for such 
     training, educator preparation, professional development, 
     compensation initiatives, and career systems.
       ``(b) Report to the Secretary.--Not later than 2 years 
     after receiving a grant under this part, a State shall submit 
     a report to the Secretary that shall describe--
       ``(1) other Federal, State, local, and private resources 
     that will be used in combination with a grant under this 
     section to develop or expand the State's early childhood 
     education professional development and career activities;
       ``(2) the ways in which the State Advisory Council (or 
     similar State entity) will coordinate the various State and 
     local activities that support the early childhood education 
     professional development and career system; and
       ``(3) the ways in which the State Task Force will use funds 
     provided under this part and carry out the activities 
     described in section 856.

     ``SEC. 858. EVALUATIONS.

       ``(a) State Evaluation.--Each State receiving a grant under 
     this part shall--
       ``(1) evaluate the activities that are assisted under this 
     part in order to determine--
       ``(A) the effectiveness of the activities in achieving 
     State goals;
       ``(B) the impact of a career lattice for individuals 
     working in early childhood education programs;
       ``(C) the impact of the activities on licensing or 
     regulating requirements for individuals in the field of early 
     childhood development;
       ``(D) the impact of the activities, and the impact of the 
     statewide plan described in section 856(a)(3), on the quality 
     of education, professional development, and training related 
     to early childhood education programs that are offered in the 
     State;
       ``(E) the change in compensation and retention of 
     individuals working in early childhood education programs 
     within the State resulting from the activities; and
       ``(F) the impact of the activities on the demographic 
     characteristics of individuals working in early childhood 
     education programs; and
       ``(2) submit a report at the end of the grant period to the 
     Secretary regarding the evaluation described in paragraph 
     (1).
       ``(b) Secretary's Evaluation.--Not later than September 30, 
     2013, the Secretary, in consultation with the Secretary of 
     Health and Human Services, shall prepare and submit to the 
     authorizing committees an evaluation of the State reports 
     submitted under subsection (a)(2).

     ``SEC. 859. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2008 and 
     each of the 5 succeeding fiscal years.

 ``PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
  EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS

     ``SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
                   MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA 
                   NATIVE AND NATIVE HAWAIIAN STUDENTS.

       ``(a) Purpose.--The purpose of this section is--
       ``(1) to develop or expand programs for the development of 
     professionals in the fields of science, technology, 
     engineering, and mathematics; and
       ``(2) to focus resources on meeting the educational and 
     cultural needs of Alaska Natives and Native Hawaiians.
       ``(b) Definitions.--In this section:
       ``(1) Alaska native.--The term `Alaska Native' has the 
     meaning given the term `Native' in section 3(b) of the Alaska 
     Natives Claims Settlement Act (43 U.S.C. 1602(b)).
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a).
       ``(3) Eligible partnership.--The term `eligible 
     partnership' means a partnership that includes--
       ``(A) 1 or more colleges or schools of engineering;
       ``(B) 1 or more colleges of science, engineering, or 
     mathematics;
       ``(C) 1 or more institutions of higher education that offer 
     2-year degrees; and
       ``(D) 1 or more private entities that--
       ``(i) conduct career awareness activities showcasing local 
     technology professionals;
       ``(ii) encourage students to pursue education in science, 
     technology, engineering, and mathematics from elementary 
     school through college, and careers in those fields, with the 
     assistance of local technology professionals;
       ``(iii) develop internships, apprenticeships, and mentoring 
     programs in partnership with relevant industries; and
       ``(iv) assist with placement of interns and apprentices.
       ``(4) Native hawaiian.--The term `Native Hawaiian' has the 
     meaning given the term in section 7207 of the Elementary and 
     Secondary Education Act of 1965.
       ``(c) Grant Authorized.--The Secretary is authorized to 
     award a grant to an eligible partnership to enable the 
     eligible partnership to expand programs for the development 
     of science, technology, engineering, or mathematics 
     professionals, from elementary school through college, 
     including existing programs for Alaska Native and Native 
     Hawaiian students.
       ``(d) Uses of Funds.--Grant funds under this section shall 
     be used for 1 or more of the following:
       ``(1) Development or implementation of cultural, social, or 
     educational transition programs to assist students to 
     transition into college life and academics in order to 
     increase such students' retention rates in the fields of 
     science, technology, engineering, or mathematics, with a 
     focus on Alaska Native or Native Hawaiian students.
       ``(2) Development or implementation of academic support or 
     supplemental educational programs to increase the graduation 
     rates of students in the fields of science, technology, 
     engineering, or mathematics, with a focus on Alaska Native 
     and Native Hawaiian students.
       ``(3) Development or implementation of internship programs, 
     carried out in coordination with educational institutions and 
     private entities, to prepare students for careers in the 
     fields of science, technology, engineering, or mathematics, 
     with a focus on programs that serve Alaska Native or Native 
     Hawaiian students.
       ``(4) Such other activities that are consistent with the 
     purposes of this section.
       ``(e) Application.--Each eligible partnership that desires 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.

[[Page 20527]]

       ``(f) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to an eligible partnership that 
     provides 1 or more programs in which 30 percent or more of 
     the program participants are Alaska Native or Native 
     Hawaiian.
       ``(g) Period of Grant.--A grant under this section shall be 
     awarded for a period of 5 years.
       ``(h) Evaluation and Report.--Each eligible partnership 
     that receives a grant under this section shall conduct an 
     evaluation to determine the effectiveness of the programs 
     funded under the grant and shall provide a report regarding 
     the evaluation to the Secretary not later than 6 months after 
     the end of the grant period.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.

 ``PART L--PILOT PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES

     ``SEC. 865. PILOT PROGRAM TO INCREASE PERSISTENCE IN 
                   COMMUNITY COLLEGES.

       ``(a) Definitions.--In this section:
       ``(1) Institution of higher education.--Except as otherwise 
     provided in this section, the term `institution of higher 
     education' means an institution of higher education, as 
     defined in section 101, that provides a 1- or 2-year program 
     of study leading to a degree or certificate.
       ``(2) Eligible student.--The term `eligible student' means 
     a student who--
       ``(A) meets the requirements of section 484(a);
       ``(B) is enrolled at least half time;
       ``(C) is not younger than age 19 and not older than age 33;
       ``(D) is the parent of at least 1 dependent child, which 
     dependent child is age 18 or younger;
       ``(E) has a family income below 200 percent of the poverty 
     line;
       ``(F) has a secondary school diploma or its recognized 
     equivalent, and earned a passing score on a college entrance 
     examination; and
       ``(G) does not have a degree or occupational certificate 
     from an institution of higher education, as defined in 
     section 101 or 102(a).
       ``(b) Program Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to institutions of 
     higher education to enable the institutions of higher 
     education to provide additional monetary and nonmonetary 
     support to eligible students to enable the eligible students 
     to maintain enrollment and complete degree or certificate 
     programs.
       ``(c) Uses of Funds.--
       ``(1) Required uses.--Each institution of higher education 
     receiving a grant under this section shall use the grant 
     funds--
       ``(A) to provide scholarships in accordance with subsection 
     (d); and
       ``(B) to provide counseling services in accordance with 
     subsection (e).
       ``(2) Allowable uses of funds.--Grant funds provided under 
     this section may be used--
       ``(A) to conduct outreach to make students aware of the 
     scholarships and counseling services available under this 
     section and to encourage the students to participate in the 
     program assisted under this section;
       ``(B) to provide gifts of $20 or less, such as a store gift 
     card, to applicants who complete the process of applying for 
     assistance under this section, as an incentive and as 
     compensation for the student's time; and
       ``(C) to evaluate the success of the program.
       ``(d) Scholarship Requirements.--
       ``(1) In general.--Each scholarship awarded under this 
     section shall--
       ``(A) be awarded for 1 academic year;
       ``(B) be awarded in the amount of $1,000 for each of 2 
     semesters (prorated for quarters), or $2,000 for an academic 
     year;
       ``(C) require the student to maintain during the 
     scholarship period at least half-time enrollment and a 2.0 or 
     C grade point average; and
       ``(D) be paid in increments of--
       ``(i) $250 upon enrollment (prorated for quarters);
       ``(ii) $250 upon passing midterm examinations (prorated for 
     quarters); and
       ``(iii) $500 upon passing courses (prorated for quarters).
       ``(2) Number.--An institution may award an eligible student 
     not more than 2 scholarships under this section.
       ``(e) Counseling Services.--
       ``(1) In general.--Each institution of higher education 
     receiving a grant under this section shall use the grant 
     funds to provide students at the institution with a 
     counseling staff dedicated to students participating in the 
     program under this section. Each such counselor shall--
       ``(A) have a caseload of less than 125 students;
       ``(B) use a proactive, team-oriented approach to 
     counseling;
       ``(C) hold a minimum of 2 meetings with students each 
     semester; and
       ``(D) provide referrals to and follow-up with other student 
     services staff, including financial and career services.
       ``(2) Counseling services availability.--The counseling 
     services provided under this section shall be available to 
     participating students during the daytime and evening hours.
       ``(f) Application.--An institution of higher education that 
     desires to receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including--
       ``(1) the number of students to be served under this 
     section;
       ``(2) a description of the scholarships and counseling 
     services that will be provided under this section; and
       ``(3) a description of how the program under this section 
     will be evaluated.
       ``(g) Period of Grant.--The Secretary may award a grant 
     under this section for a period of 5 years.
       ``(h) Evaluation.--
       ``(1) In general.--Each institution of higher education 
     receiving a grant under this section shall conduct an annual 
     evaluation of the impact of the grant and shall provide the 
     evaluation to the Secretary. The Secretary shall disseminate 
     to the public the findings, information on best practices, 
     and lessons learned, with respect to the evaluations.
       ``(2) Random assignment research design.--The evaluation 
     shall be conducted using a random assignment research design 
     with the following requirements:
       ``(A) When students are recruited for the program, all 
     students will be told about the program and the evaluation.
       ``(B) Baseline data will be collected from all applicants 
     for assistance under this section.
       ``(C) Students will be assigned randomly to 2 groups, which 
     will consist of--
       ``(i) a program group that will receive the scholarship and 
     the additional counseling services; and
       ``(ii) a control group that will receive whatever regular 
     financial aid and counseling services are available to all 
     students at the institution of higher education.
       ``(3) Previous cohorts.--In conducting the evaluation for 
     the second and third years of the program, each institution 
     of higher education shall include information on previous 
     cohorts of students as well as students in the current 
     program year.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.

        ``PART M--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT

     ``SEC. 871. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, on a competitive basis, to institutions of higher 
     education or consortia of institutions of higher education to 
     enable institutions of higher education or consortia to pay 
     the Federal share of the cost of carrying out the authorized 
     activities described in subsection (c).
       ``(2) Consultation with the attorney general and the 
     secretary of homeland security.--Where appropriate, the 
     Secretary shall award grants under this section in 
     consultation with the Attorney General of the United States 
     and the Secretary of Homeland Security.
       ``(3) Duration.--The Secretary shall award each grant under 
     this section for a period of 2 years.
       ``(4) Limitation on institutions and consortia.--An 
     institution of higher education or consortium shall be 
     eligible for only 1 grant under this section.
       ``(b) Federal Share; Non-Federal Share.--
       ``(1) In general.--The Federal share shall be 50 percent.
       ``(2) Non-federal share.--The institution of higher 
     education or consortium shall provide the non-Federal share, 
     which may be provided from other Federal, State, and local 
     resources dedicated to emergency preparedness and response.
       ``(c) Authorized Activities.--Each institution of higher 
     education or consortium receiving a grant under this section 
     may use the grant funds to carry out 1 or more of the 
     following:
       ``(1) Developing and implementing a state-of-the-art 
     emergency communications system for each campus of an 
     institution of higher education or consortium, in order to 
     contact students via cellular, text message, or other state-
     of-the-art communications methods when a significant 
     emergency or dangerous situation occurs. An institution or 
     consortium using grant funds to carry out this paragraph 
     shall also, in coordination with the appropriate State and 
     local emergency management authorities--
       ``(A) develop procedures that students, employees, and 
     others on a campus of an institution of higher education or 
     consortium will be directed to follow in the event of a 
     significant emergency or dangerous situation; and
       ``(B) develop procedures the institution of higher 
     education or consortium shall follow to inform, within a 
     reasonable and timely manner, students, employees, and others 
     on

[[Page 20528]]

      a campus in the event of a significant emergency or 
     dangerous situation, which procedures shall include the 
     emergency communications system described in this paragraph.
       ``(2) Supporting measures to improve safety at the 
     institution of higher education or consortium, such as--
       ``(A) security assessments;
       ``(B) security training of personnel and students at the 
     institution of higher education or consortium;
       ``(C) where appropriate, coordination of campus 
     preparedness and response efforts with local law enforcement, 
     local emergency management authorities, and other agencies, 
     to improve coordinated responses in emergencies among such 
     entities; and
       ``(D) establishing a hotline that allows a student or staff 
     member at an institution or consortium to report another 
     student or staff member at the institution or consortium who 
     the reporting student or staff member believes may be a 
     danger to the reported student or staff member or to others.
       ``(3) Coordinating with appropriate local entities the 
     provision of, mental health services for students enrolled in 
     the institution of higher education or consortium, including 
     mental health crisis response and intervention services, to 
     individuals affected by a campus or community emergency.
       ``(d) Application.--Each institution of higher education or 
     consortium desiring a grant under this section shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(e) Technical Assistance.--The Secretary shall coordinate 
     technical assistance provided by State and local emergency 
     management agencies, the Department of Homeland Security, and 
     other agencies as appropriate, to institutions of higher 
     education or consortia that request assistance in developing 
     and implementing the activities assisted under this section.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to provide a private right of action to any person to 
     enforce any provision of this section;
       ``(2) to create a cause of action against any institution 
     of higher education or any employee of the institution for 
     any civil liability; or
       ``(3) to affect the Family Educational Rights and Privacy 
     Act of 1974 or the regulations issued under section 264 of 
     the Health Insurance Portability and Accountability Act of 
     1996 (42 U.S.C. 1320d-2 note).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.

     ``SEC. 872. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 
                   AND PRACTICES.

       ``The Secretary of Education, the Attorney General of the 
     United States, and the Secretary of Homeland Security shall 
     jointly have the authority--
       ``(1) to advise institutions of higher education on model 
     emergency response policies, procedures, and practices; and
       ``(2) to disseminate information concerning those policies, 
     procedures, and practices.''.

     SEC. 802. ADDITIONAL PROGRAMS.

       Title VIII (as added by section 801) is further amended by 
     adding at the end the following:

   ``PART N--SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT PROGRAM

     ``SEC. 876. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT 
                   PROGRAM.

       ``(a) In General.--The Secretary of Health and Human 
     Services (referred to in this section as the `Secretary') 
     shall award competitive grants to eligible entities for the 
     purpose of improving public health preparedness through 
     increasing the number of veterinarians in the workforce.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under subsection (a), an entity shall--
       ``(1) be--
       ``(A) a public or other nonprofit school of veterinary 
     medicine that is accredited by a nationally recognized 
     accrediting agency or association recognized by the Secretary 
     of Education pursuant to part H of title IV;
       ``(B) a public or nonprofit, department of comparative 
     medicine, department of veterinary science, school of public 
     health, or school of medicine that is accredited by a 
     nationally recognized accrediting agency or association 
     recognized by the Secretary of Education pursuant to part H 
     of title IV and that offers graduate training for 
     veterinarians in a public health practice area as determined 
     by the Secretary; or
       ``(C) a public or nonprofit entity that--
       ``(i) conducts recognized residency training programs for 
     veterinarians that are approved by a veterinary specialty 
     organization that is recognized by the American Veterinary 
     Medical Association; and
       ``(ii) offers postgraduate training for veterinarians in a 
     public health practice area as determined by the Secretary; 
     and
       ``(2) prepare and submit to the Secretary an application, 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       ``(c) Consideration of Applications.--The Secretary shall 
     establish procedures to ensure that applications under 
     subsection (b)(2) are rigorously reviewed and that grants are 
     competitively awarded based on--
       ``(1) the ability of the applicant to increase the number 
     of veterinarians who are trained in specified public health 
     practice areas as determined by the Secretary;
       ``(2) the ability of the applicant to increase capacity in 
     research on high priority disease agents; or
       ``(3) any other consideration the Secretary determines 
     necessary.
       ``(d) Preference.--In awarding grants under subsection (a), 
     the Secretary shall give preference to applicants that 
     demonstrate a comprehensive approach by involving more than 
     one school of veterinary medicine, department of comparative 
     medicine, department of veterinary science, school of public 
     health, school of medicine, or residency training program 
     that offers postgraduate training for veterinarians in a 
     public health practice area as determined by the Secretary.
       ``(e) Use of Funds.--Amounts received under a grant under 
     this section shall be used by a grantee to increase the 
     number of veterinarians in the workforce through paying costs 
     associated with the expansion of academic programs at schools 
     of veterinary medicine, departments of comparative medicine, 
     departments of veterinary science, or entities offering 
     residency training programs, or academic programs that offer 
     postgraduate training for veterinarians or concurrent 
     training for veterinary students in specific areas of 
     specialization, which costs may include minor renovation and 
     improvement in classrooms, libraries, and laboratories.
       ``(f) Definition of Public Health Practice.--In this 
     section, the term `public health practice' includes 
     bioterrorism and emergency preparedness, environmental 
     health, food safety and food security, regulatory medicine, 
     diagnostic laboratory medicine, and biomedical research.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years. Amounts appropriated under this 
     subsection shall remain available until expended.

  ``PART O--EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM

     ``SEC. 881. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION 
                   PROGRAM.

       ``(a) Demonstration Program Authority.--
       ``(1) In general.--The Secretary is authorized to carry out 
     an Early Federal Pell Grant Commitment Demonstration Program 
     under which--
       ``(A) the Secretary awards grants to 4 State educational 
     agencies, in accordance with paragraph (2), to pay the 
     administrative expenses incurred in participating in the 
     demonstration program under this section; and
       ``(B) the Secretary awards Federal Pell Grants to 
     participating students in accordance with this section.
       ``(2) Grants.--
       ``(A) In general.--From amounts appropriated under 
     subsection (h) for a fiscal year, the Secretary is authorized 
     to award grants to 4 State educational agencies to enable the 
     State educational agencies to pay the administrative expenses 
     incurred in participating in a demonstration program under 
     which 8th grade students who are eligible for a free or 
     reduced price meal described in subsection (b)(1)(B) receive 
     a commitment to receive a Federal Pell Grant early in their 
     academic careers.
       ``(B) Equal amounts.--The Secretary shall award grants 
     under this section in equal amounts to each of the 4 
     participating State educational agencies.
       ``(b) Demonstration Project Requirements.--Each of the 4 
     demonstration projects assisted under this section shall meet 
     the following requirements:
       ``(1) Participants.--
       ``(A) In general.--The State educational agency shall make 
     participation in the demonstration project available to 2 
     cohorts of students, which shall consist of--
       ``(i) 1 cohort of 8th grade students who begin the 
     participation in academic year 2008-2009; and
       ``(ii) 1 cohort of 8th grade students who begin the 
     participation in academic year 2009-2010.
       ``(B) Students in each cohort.--Each cohort of students 
     shall consist of not more than 10,000 8th grade students who 
     qualify for a free or reduced price meal under the Richard B. 
     Russell National School Lunch Act or the Child Nutrition Act 
     of 1966.
       ``(2) Student data.--The State educational agency shall 
     ensure that student data from local educational agencies 
     serving students who participate in the demonstration 
     project, as well as student data from local educational 
     agencies serving a comparable group of students who do not 
     participate in the demonstration project, are available for

[[Page 20529]]

     evaluation of the demonstration project, except that in no 
     case shall such data be provided in a manner that would 
     reveal personally identifiable information about an 
     individual student.
       ``(3) Federal pell grant commitment.--Each student who 
     participates in the demonstration project receives a 
     commitment from the Secretary to receive a Federal Pell Grant 
     during the first academic year that the student is in 
     attendance at an institution of higher education as an 
     undergraduate, if the student applies for Federal financial 
     aid (via the FAFSA or EZ FAFSA) during the student's senior 
     year of secondary school and during succeeding years.
       ``(4) Application process.--The Secretary shall establish 
     an application process to select State educational agencies 
     to participate in the demonstration program and State 
     educational agencies shall establish an application process 
     to select local educational agencies within the State to 
     participate in the demonstration project.
       ``(5) Local educational agency participation.--Subject to 
     the 10,000 statewide student limitation described in 
     paragraph (1), a local educational agency serving students, 
     not less than 50 percent of whom are eligible for a free or 
     reduced price meal under the Richard B. Russell National 
     School Lunch Act or the Child Nutrition Act of 1966, shall be 
     eligible to participate in the demonstration project.
       ``(c) State Educational Agency Applications.--
       ``(1) In general.--Each State educational agency desiring 
     to participate in the demonstration program under this 
     section shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may require.
       ``(2) Contents.--Each application shall include--
       ``(A) a description of the proposed targeted information 
     campaign for the demonstration project and a copy of the plan 
     described in subsection (f)(2);
       ``(B) a description of the student population that will 
     receive an early commitment to receive a Federal Pell Grant 
     under this section;
       ``(C) an assurance that the State educational agency will 
     fully cooperate with the ongoing evaluation of the 
     demonstration project; and
       ``(D) such other information as the Secretary may require.
       ``(d) Selection Considerations.--
       ``(1) Selection of state educational agencies.--In 
     selecting State educational agencies to participate in the 
     demonstration program under this section, the Secretary shall 
     consider--
       ``(A) the number and quality of State educational agency 
     applications received;
       ``(B) the Department's capacity to oversee and monitor each 
     State educational agency's participation in the demonstration 
     program;
       ``(C) a State educational agency's--
       ``(i) financial responsibility;
       ``(ii) administrative capability;
       ``(iii) commitment to focusing State resources, in addition 
     to any resources provided under part A of title I of the 
     Elementary and Secondary Education Act of 1965, on students 
     who receive assistance under such part A;
       ``(iv) ability and plans to run an effective and thorough 
     targeted information campaign for students served by local 
     educational agencies eligible to participate in the 
     demonstration project; and
       ``(v) ability to ensure the participation in the 
     demonstration program of a diverse group of students, 
     including with respect to ethnicity and gender.
       ``(2) Local educational agency.--In selecting local 
     educational agencies to participate in a demonstration 
     project under this section, the State educational agency 
     shall consider--
       ``(A) the number and quality of local educational agency 
     applications received;
       ``(B) the State educational agency's capacity to oversee 
     and monitor each local educational agency's participation in 
     the demonstration project;
       ``(C) a local educational agency's--
       ``(i) financial responsibility;
       ``(ii) administrative capability;
       ``(iii) commitment to focusing local resources, in addition 
     to any resources provided under part A of title I of the 
     Elementary and Secondary Education Act of 1965, on students 
     who receive assistance under such part A;
       ``(iv) ability and plans to run an effective and thorough 
     targeted information campaign for students served by the 
     local educational agency; and
       ``(v) ability to ensure the participation in the 
     demonstration project of a diverse group of students with 
     respect to ethnicity and gender.
       ``(e) Evaluation.--
       ``(1) In general.--From amounts appropriated under 
     subsection (h) for a fiscal year, the Secretary shall reserve 
     not more than $1,000,000 to award a grant or contract to an 
     organization outside the Department for an independent 
     evaluation of the impact of the demonstration program 
     assisted under this section.
       ``(2) Competitive basis.--The grant or contract shall be 
     awarded on a competitive basis.
       ``(3) Matters evaluated.--The evaluation described in this 
     subsection shall--
       ``(A) determine the number of individuals who were 
     encouraged by the demonstration program to pursue higher 
     education;
       ``(B) identify the barriers to the effectiveness of the 
     demonstration program;
       ``(C) assess the cost-effectiveness of the demonstration 
     program in improving access to higher education;
       ``(D) identify the reasons why participants in the 
     demonstration program either received or did not receive a 
     Federal Pell Grant;
       ``(E) identify intermediate outcomes related to 
     postsecondary education attendance, such as whether 
     participants--
       ``(i) were more likely to take a college-prep curriculum 
     while in secondary school;
       ``(ii) submitted any college applications; and
       ``(iii) took the PSAT, SAT, or ACT;
       ``(F) identify the number of individuals participating in 
     the demonstration program who pursued an associate's degree 
     or a bachelor's degree, or other postsecondary education;
       ``(G) compare the findings of the demonstration program 
     with respect to participants to comparison groups (of similar 
     size and demographics) that did not participate in the 
     demonstration program; and
       ``(H) identify the impact on the parents of students 
     eligible to participate in the demonstration program.
       ``(4) Dissemination.--The findings of the evaluation shall 
     be reported to the Secretary, who shall widely disseminate 
     the findings to the public.
       ``(f) Targeted Information Campaign.--
       ``(1) In general.--Each State educational agency receiving 
     a grant under this section shall, in cooperation with the 
     participating local educational agencies within the State and 
     the Secretary, develop a targeted information campaign for 
     the demonstration program assisted under this section.
       ``(2) Plan.--Each State educational agency receiving a 
     grant under this section shall include in the application 
     submitted under subsection (c) a written plan for their 
     proposed targeted information campaign. The plan shall 
     include the following:
       ``(A) Outreach.--A description of the outreach to students 
     and their families at the beginning and end of each academic 
     year of the demonstration project, at a minimum.
       ``(B) Distribution.--How the State educational agency plans 
     to provide the outreach described in subparagraph (A) and to 
     provide the information described in subparagraph (C).
       ``(C) Information.--The annual provision by the State 
     educational agency to all students and families participating 
     in the demonstration program of information regarding--
       ``(i) the estimated statewide average cost of attendance 
     for an institution of higher education for each academic 
     year, which cost data shall be disaggregated by--

       ``(I) type of institution, including--

       ``(aa) 2-year public degree-granting institutions of higher 
     education;
       ``(bb) 4-year public degree-granting institutions of higher 
     education; and
       ``(cc) 4-year private degree-granting institutions of 
     higher education;

       ``(II) component, including--

       ``(aa) tuition and fees; and
       ``(bb) room and board;
       ``(ii) Federal Pell Grants, including--

       ``(I) the maximum Federal Pell Grant for each award year;
       ``(II) when and how to apply for a Federal Pell Grant; and
       ``(III) what the application process for a Federal Pell 
     Grant requires;

       ``(iii) State-specific college savings programs;
       ``(iv) State merit-based financial aid;
       ``(v) State need-based financial aid; and
       ``(vi) Federal financial aid available to students, 
     including eligibility criteria for such aid and an 
     explanation of the Federal financial aid programs, such as 
     the Student Guide published by the Department of Education 
     (or any successor to such document).
       ``(3) Cohorts.--The information described in paragraph 
     (2)(C) shall be provided to 2 cohorts of students annually 
     for the duration of the students' participation in the 
     demonstration program. The 2 cohorts shall consist of--
       ``(A) 1 cohort of 8th grade students who begin the 
     participation in academic year 2008-2009; and
       ``(B) 1 cohort of 8th grade students who begin the 
     participation in academic year 2009-2010.
       ``(4) Reservation.--Each State educational agency receiving 
     a grant under this section shall reserve not more than 15 
     percent of the grant funds received each fiscal year to carry 
     out the targeted information campaign described in this 
     subsection.
       ``(g) Supplement, Not Supplant.--A State educational agency 
     shall use grant funds received under this section only to 
     supplement the funds that would, in the absence of such 
     funds, be made available from non-Federal sources for 
     students participating in the demonstration program under 
     this section, and not to supplant such funds.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to

[[Page 20530]]

     carry out this section such sums as may be necessary for 
     fiscal year 2008 and each of the 5 succeeding fiscal years.

        ``PART P--HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES

     ``SEC. 886. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES.

       ``(a) Grants Authorized.--The Secretary is authorized to 
     award a grant to the University of Hawaii Academy for 
     Creative Media for the establishment, maintenance, and 
     periodic modernization of the Henry Kuualoha Giugni Kupuna 
     Memorial Archives at the University of Hawaii.
       ``(b) Use of Funds.--The Henry Kuualoha Giugni Kupuna 
     Memorial Archives shall use the grant funds received under 
     this section--
       ``(1) to facilitate the acquisition of a secure web 
     accessible repository of Native Hawaiian historical data rich 
     in ethnic and cultural significance to the United States for 
     preservation and access by future generations;
       ``(2) to award scholarships to facilitate access to a 
     postsecondary education for students who cannot afford such 
     education;
       ``(3) to support programmatic efforts associated with the 
     web-based media projects of the archives;
       ``(4) to create educational materials, from the contents of 
     the archives, that are applicable to a broad range of 
     indigenous students, such as Native Hawaiians, Alaskan 
     Natives, and Native American Indians;
       ``(5) to develop outreach initiatives that introduce the 
     archival collections to elementary schools and secondary 
     schools;
       ``(6) to develop supplemental web-based resources that 
     define terms and cultural practices innate to Native 
     Hawaiians;
       ``(7) to rent, lease, purchase, maintain, or repair 
     educational facilities to house the archival collections;
       ``(8) to rent, lease, purchase, maintain, or repair 
     computer equipment for use by elementary schools and 
     secondary schools in accessing the archival collections;
       ``(9) to provide pre-service and in-service teacher 
     training to develop a core group of kindergarten through 
     grade 12 teachers who are able to provide instruction in a 
     way that is relevant to the unique background of indigenous 
     students, such as Native Hawaiians, Alaskan Natives, and 
     Native American Indians, in order to--
       ``(A) facilitate greater understanding by teachers of the 
     unique background of indigenous students; and
       ``(B) improve student achievement; and
       ``(10) to increase the economic and financial literacy of 
     postsecondary education students through the dissemination of 
     best practices used at other institutions of higher education 
     regarding debt and credit management and economic decision-
     making.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.''.

     SEC. 803. STUDENT LOAN CLEARINGHOUSE.

       (a) Development.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Education shall 
     establish 1 or more clearinghouses of information on student 
     loans (including loans under parts B and D of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 
     1087a et seq.) and private loans, for both undergraduate and 
     graduate students) for use by prospective borrowers or any 
     person desiring information regarding available interest 
     rates and other terms from lenders. Such a clearinghouse 
     shall--
       (1) have no affiliation with any institution of higher 
     education or any lender;
       (2) accept nothing of value from any lender, guaranty 
     agency, or any entity affiliated with a lender or guaranty 
     agency, except that the clearinghouse may establish a flat 
     fee to be charged to each listed lender, based on the costs 
     necessary to establish and maintain the clearinghouse;
       (3) provide information regarding the interest rates, fees, 
     borrower benefits, and any other matter that the Department 
     of Education determines relevant to enable prospective 
     borrowers to select a lender;
       (4) provide interest rate information that complies with 
     the Federal Trade Commission guidelines for consumer credit 
     term disclosures; and
       (5) be a nonprofit entity.
       (b) Publication of List.--The Secretary of Education shall 
     publish a list of clearinghouses described in subsection (a) 
     on the website of the Department of Education and such list 
     shall be updated not less often than every 90 days.
       (c) Disclosure.--Beginning on the date the first 
     clearinghouse described in subsection (a) is established, 
     each institution of higher education that receives Federal 
     assistance under the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.) and that designates 1 or more lenders as 
     preferred, suggested, or otherwise recommended shall include 
     a standard disclosure developed by the Secretary of Education 
     on all materials that reference such lenders to inform 
     students that the students might find a more attractive loan, 
     with a lower interest rate, by visiting a clearinghouse 
     described in subsection (a).
       (d) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress on whether students 
     are using a clearinghouse described in subsection (a) to find 
     and secure a student loan. The report shall assess whether 
     students could have received a more attractive loan, one with 
     a lower interest rate or better benefits, by using a 
     clearinghouse described in subsection (a) instead of a 
     preferred lender list.

     SEC. 804. MINORITY SERVING INSTITUTIONS FOR ADVANCED 
                   TECHNOLOGY AND EDUCATION.

       At the end of title VIII (as added by section 801), add the 
     following:

  ``PART Q--MINORITY SERVING INSTITUTIONS FOR ADVANCED TECHNOLOGY AND 
                               EDUCATION

     ``SEC. 890. PURPOSES.

       ``The purposes of the program under this part are to--
       ``(1) strengthen the ability of eligible institutions to 
     provide capacity for instruction in digital and wireless 
     network technologies; and
       ``(2) strengthen the national digital and wireless 
     infrastructure by increasing national investment in 
     telecommunications and technology infrastructure at eligible 
     institutions.

     ``SEC. 891. DEFINITION OF ELIGIBLE INSTITUTION.

       ``In this part, the term `eligible institution' means an 
     institution that is--
       ``(1) a historically Black college or university that is a 
     part B institution, as defined in section 322;
       ``(2) a Hispanic-serving institution, as defined in section 
     502(a);
       ``(3) a Tribal College or University, as defined in section 
     316(b);
       ``(4) an Alaska Native-serving institution, as defined in 
     section 317(b);
       ``(5) a Native Hawaiian-serving institution, as defined in 
     section 317(b); or
       ``(6) an institution determined by the Secretary to have 
     enrolled a substantial number of minority, low-income 
     students during the previous academic year who received a 
     Federal Pell Grant for that year.

     ``SEC. 892. MINORITY SERVING INSTITUTIONS FOR ADVANCED 
                   TECHNOLOGY AND EDUCATION.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible institutions to 
     enable the eligible institutions to carry out the activities 
     described in subsection (d).
       ``(2) Grant period.--The Secretary may award a grant to an 
     eligible institution under this part for a period of not more 
     than 5 years.
       ``(b) Application and Review Procedure.--
       ``(1) In general.--To be eligible to receive a grant under 
     this part, an eligible institution shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. The application shall include--
       ``(A) a program of activities for carrying out 1 or more of 
     the purposes described in section 890; and
       ``(B) such other policies, procedures, and assurances as 
     the Secretary may require by regulation.
       ``(2) Regulations.--After consultation with appropriate 
     individuals with expertise in technology and education, the 
     Secretary shall establish a procedure by which to accept and 
     review such applications and publish an announcement of such 
     procedure, including a statement regarding the availability 
     of funds, in the Federal Register.
       ``(3) Application review criteria.--The application review 
     criteria used by the Secretary for grants under this part 
     shall include consideration of--
       ``(A) demonstrated need for assistance under this part; and
       ``(B) diversity among the types of eligible institutions 
     receiving assistance under this part.
       ``(c) Matching Requirement.--
       ``(1) In general.--An eligible institution that receives a 
     grant under this part shall agree that, with respect to the 
     costs to be incurred by the institution in carrying out the 
     program for which the grant is awarded, such institution will 
     make available (directly or through donations from public or 
     private entities) non-Federal contributions in an amount 
     equal to 25 percent of the amount of the grant awarded by the 
     Secretary, or $500,000, whichever is the lesser amount.
       ``(2) Waiver.--The Secretary shall waive the matching 
     requirement for any eligible institution with no endowment, 
     or an endowment that has a current dollar value as of the 
     time of the application of less than $50,000,000.
       ``(d) Uses of Funds.--An eligible institution shall use a 
     grant awarded under this part--
       ``(1) to acquire equipment, instrumentation, networking 
     capability, hardware and software, digital network 
     technology, wireless technology, and infrastructure;
       ``(2) to develop and provide educational services, 
     including faculty development, related to science, 
     technology, engineering, and mathematics;
       ``(3) to provide teacher preparation and professional 
     development, library and media specialist training, and early 
     childhood educator and teacher aide certification or 
     licensure to individuals who seek to acquire or

[[Page 20531]]

     enhance technology skills in order to use technology in the 
     classroom or instructional process to improve student 
     achievement;
       ``(4) to form consortia or collaborative projects with a 
     State, State educational agency, local educational agency, 
     community-based organization, national nonprofit 
     organization, or business, including a minority business, to 
     provide education regarding technology in the classroom;
       ``(5) to provide professional development in science, 
     technology, engineering, or mathematics to administrators and 
     faculty of eligible institutions with institutional 
     responsibility for technology education;
       ``(6) to provide capacity-building technical assistance to 
     eligible institutions through remote technical support, 
     technical assistance workshops, distance learning, new 
     technologies, and other technological applications; and
       ``(7) to foster the use of information communications 
     technology to increase scientific, technological, 
     engineering, and mathematical instruction and research.
       ``(e) Data Collection.--An eligible institution that 
     receives a grant under this part shall provide the Secretary 
     with any relevant institutional statistical or demographic 
     data requested by the Secretary.
       ``(f) Information Dissemination.--The Secretary shall 
     convene an annual meeting of eligible institutions receiving 
     grants under this part for the purposes of--
       ``(1) fostering collaboration and capacity-building 
     activities among eligible institutions; and
       ``(2) disseminating information and ideas generated by such 
     meetings.
       ``(g) Limitation.--An eligible institution that receives a 
     grant under this part that exceeds $2,500,000 shall not be 
     eligible to receive another grant under this part until every 
     other eligible institution that has applied for a grant under 
     this part has received such a grant.

     ``SEC. 893. ANNUAL REPORT AND EVALUATION.

       ``(a) Annual Report Required From Recipients.--Each 
     eligible institution that receives a grant under this part 
     shall provide an annual report to the Secretary on the 
     eligible institution's use of the grant.
       ``(b) Evaluation by Secretary.--The Secretary shall--
       ``(1) review the reports provided under subsection (a) each 
     year; and
       ``(2) evaluate the program authorized under this part on 
     the basis of those reports every 2 years.
       ``(c) Contents of Evaluation.--The Secretary, in the 
     evaluation under subsection (b), shall--
       ``(1) describe the activities undertaken by the eligible 
     institutions that receive grants under this part; and
       ``(2) assess the short-range and long-range impact of 
     activities carried out under the grant on the students, 
     faculty, and staff of the institutions.
       ``(d) Report to Congress.--Not later than 3 years after the 
     date of enactment of the Higher Education Amendments of 2007, 
     the Secretary shall submit a report on the program supported 
     under this part to the authorizing committees that shall 
     include such recommendations, including recommendations 
     concerning the continuing need for Federal support of the 
     program, as may be appropriate.

     ``SEC. 894. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2008 and 
     each of the 5 succeeding fiscal years.''.

                   TITLE IX--AMENDMENTS TO OTHER LAWS

               PART A--EDUCATION OF THE DEAF ACT OF 1986

     SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.

       Section 104 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4304) is amended--
       (1) by striking the section heading and inserting ``LAURENT 
     CLERC NATIONAL DEAF EDUCATION CENTER'';
       (2) in subsection (a)(1)(A), by inserting ``the Laurent 
     Clerc National Deaf Education Center (referred to in this 
     section as the `Clerc Center') to carry out'' after 
     ``maintain and operate''; and
       (3) in subsection (b)--
       (A) in the matter preceding subparagraph (A) of paragraph 
     (1), by striking ``elementary and secondary education 
     programs'' and inserting ``Clerc Center'';
       (B) in paragraph (2), by striking ``elementary and 
     secondary education programs'' and inserting ``Clerc 
     Center''; and
       (C) by adding at the end the following:
       ``(5) The University, for purposes of the elementary and 
     secondary education programs carried out at the Clerc Center, 
     shall--
       ``(A)(i) select challenging academic content standards, 
     challenging student academic achievement standards, and 
     academic assessments of a State, adopted and implemented, as 
     appropriate, pursuant to paragraphs (1) and (3) of section 
     1111(b) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; 
     and
       ``(ii) implement such standards and assessments for such 
     programs by not later than the beginning of the 2009-2010 
     academic year;
       ``(B) annually determine whether such programs at the Clerc 
     Center are making adequate yearly progress, as determined 
     according to the definition of adequate yearly progress 
     defined (pursuant to section 1111(b)(2)(C) of such Act (20 
     U.S.C. 6311(b)(2)(C))) by the State that has adopted and 
     implemented the standards and assessments selected under 
     subparagraph (A)(i); and
       ``(C) publicly report the results of the academic 
     assessments implemented under subparagraph (A) and whether 
     the programs at the Clerc Center are making adequate yearly 
     progress, as determined under subparagraph (B).''.

     SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.

       Section 105(b)(4) of the Education of the Deaf Act of 1986 
     (20 U.S.C. 4305(b)(4)) is amended--
       (1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
     276a-5) commonly referred to as the Davis-Bacon Act'' and 
     inserting ``subchapter IV of chapter 31 of title 40, United 
     States Code, commonly referred to as the Davis-Bacon Act''; 
     and
       (2) by striking ``section 2 of the Act of June 13, 1934 (40 
     U.S.C. 276c)'' and inserting ``section 3145 of title 40, 
     United States Code''.

     SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR 
                   THE DEAF.

       Section 112 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4332) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by striking ``an institution of higher education'' and 
     inserting ``the Rochester Institute of Technology, Rochester, 
     New York''; and
       (II) by striking ``of a'' and inserting ``of the''; and

       (ii) by striking the second sentence;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) If, pursuant to the agreement established under 
     paragraph (1), either the Secretary or the Rochester 
     Institute of Technology terminates the agreement, the 
     Secretary shall consider proposals from other institutions of 
     higher education and enter into an agreement with one of 
     those institutions for the establishment and operation of a 
     National Technical Institution for the Deaf.''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``Committee on Labor and 
     Human Resources of the Senate'' and inserting ``Committee on 
     Health, Education, Labor, and Pensions of the Senate''; and
       (B) in paragraph (5)--
       (i) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
     276a-5) commonly referred to as the Davis-Bacon Act'' and 
     inserting ``subchapter IV of chapter 31 of title 40, United 
     States Code, commonly referred to as the Davis-Bacon Act''; 
     and
       (ii) by striking ``section 2 of the Act of June 13, 1934 
     (40 U.S.C. 276c)'' and inserting ``section 3145 of title 40, 
     United States Code''.

     SEC. 904. CULTURAL EXPERIENCES GRANTS.

       (a) Cultural Experiences Grants.--Title I of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended 
     by adding at the end the following:

                        ``PART C--OTHER PROGRAMS

     ``SEC. 121. CULTURAL EXPERIENCES GRANTS.

       ``(a) In General.--The Secretary shall, on a competitive 
     basis, make grants to, and enter into contracts and 
     cooperative agreements with, eligible entities to support the 
     activities described in subsection (b).
       ``(b) Activities.--In carrying out this section, the 
     Secretary shall support activities providing cultural 
     experiences, through appropriate nonprofit organizations with 
     a demonstrated proficiency in providing such activities, 
     that--
       ``(1) enrich the lives of deaf and hard-of-hearing children 
     and adults;
       ``(2) increase public awareness and understanding of 
     deafness and of the artistic and intellectual achievements of 
     deaf and hard-of-hearing persons; or
       ``(3) promote the integration of hearing, deaf, and hard-
     of-hearing persons through shared cultural, educational, and 
     social experiences.
       ``(c) Applications.--An eligible entity that desires to 
     receive a grant, or enter into a contract or cooperative 
     agreement, under this section shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal year 2008 and each of the 
     5 succeeding fiscal years.''.
       (b) Conforming Amendment.--The title heading of title I of 
     the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
     seq.) is amended by adding at the end ``; OTHER PROGRAMS''.

     SEC. 905. AUDIT.

       Section 203 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4353) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``sections'' and all that 
     follows through the period and inserting ``sections 102(b), 
     105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) 
     through (f) of section 207, and subsections (b) and (c) of 
     section 209.''; and

[[Page 20532]]

       (B) in paragraph (3), by inserting ``and the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate'' after ``Secretary''; and
       (2) in subsection (c)(2)(A), by striking ``Committee on 
     Labor and Human Resources of the Senate'' and inserting 
     ``Committee on Health, Education, Labor, and Pensions of the 
     Senate''.

     SEC. 906. REPORTS.

       Section 204 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4354) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Committee on Labor and Human Resources of the Senate'' and 
     inserting ``Committee on Health, Education, Labor, and 
     Pensions of the Senate'';
       (2) in paragraph (1), by striking ``preparatory,'';
       (3) in paragraph (2)(C), by striking ``upon graduation/
     completion'' and inserting ``on the date that is 1 year after 
     the date of graduation or completion''; and
       (4) in paragraph (3)(B), by striking ``of the institution 
     of higher education'' and all that follows through the period 
     and inserting ``of NTID programs and activities.''.

     SEC. 907. MONITORING, EVALUATION, AND REPORTING.

       Section 205 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4355) is amended--
       (1) in subsection (b), by striking ``The Secretary, as part 
     of the annual report required under section 426 of the 
     Department of Education Organization Act, shall include a 
     description of'' and inserting ``The Secretary shall annually 
     transmit information to Congress on''; and
       (2) in subsection (c), by striking ``fiscal years 1998 
     through 2003'' and inserting ``fiscal years 2008 through 
     2013''.

     SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS.

       Section 206(a) of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4356(a)) is amended by striking ``Not later than 30 
     days after the date of enactment of this Act, the'' and 
     inserting ``The''.

     SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY 
                   AND THE NATIONAL TECHNICAL INSTITUTE FOR THE 
                   DEAF.

       Section 207(h) of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4357(h)) is amended by striking ``fiscal years 1998 
     through 2003'' each place it appears and inserting ``fiscal 
     years 2008 through 2013''.

     SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS.

       Section 208(a) of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4359(a)) is amended by striking ``Committee on Labor 
     and Human Resources of the Senate and the Committee on 
     Education and the Workforce of the House of Representatives'' 
     and inserting ``Committee on Education and Labor of the House 
     of Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate''.

     SEC. 911. INTERNATIONAL STUDENTS.

       Section 209 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4359a) is amended--
       (1) in subsection (a)--
       (A) by striking ``preparatory, undergraduate,'' and 
     inserting ``undergraduate'';
       (B) by striking ``Effective with'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     effective with''; and
       (C) by adding at the end the following:
       ``(2) Distance learning.--International students who 
     participate in distance learning courses that are at NTID or 
     the University and who are residing outside of the United 
     States shall--
       ``(A) not be counted as international students for purposes 
     of the cap on international students under paragraph (1), 
     except that in any school year no United States citizen who 
     applies to participate in distance learning courses that are 
     at the University or NTID shall be denied participation in 
     such courses because of the participation of an international 
     student in such courses; and
       ``(B) not be charged a tuition surcharge, as described in 
     subsection (b).''; and
       (2) by striking subsections (b), (c), and (d), and 
     inserting the following:
       ``(b) Tuition Surcharge.--Except as provided in subsections 
     (a)(2)(B) and (c), the tuition for postsecondary 
     international students enrolled in the University (including 
     undergraduate and graduate students) or NTID shall include, 
     for academic year 2008-2009 and any succeeding academic year, 
     a surcharge of--
       ``(1) 100 percent for a postsecondary international student 
     from a non-developing country; and
       ``(2) 50 percent for a postsecondary international student 
     from a developing country.
       ``(c) Reduction of Surcharge.--
       ``(1) In general.--Beginning with the academic year 2008-
     2009, the University or NTID may reduce the surcharge--
       ``(A) under subsection (b)(1) from 100 percent to not less 
     than 50 percent if--
       ``(i) a student described under subsection (b)(1) 
     demonstrates need; and
       ``(ii) such student has made a good faith effort to secure 
     aid through such student's government or other sources; and
       ``(B) under subsection (b)(2) from 50 percent to not less 
     than 25 percent if--
       ``(i) a student described under subsection (b)(2) 
     demonstrates need; and
       ``(ii) such student has made a good faith effort to secure 
     aid through such student's government or other sources.
       ``(2) Development of sliding scale.--The University and 
     NTID shall develop a sliding scale model that--
       ``(A) will be used to determine the amount of a tuition 
     surcharge reduction pursuant to paragraph (1); and
       ``(B) shall be approved by the Secretary.
       ``(d) Definition.--In this section, the term `developing 
     country' means a country with a per-capita income of not more 
     than $4,825, measured in 1999 United States dollars, as 
     adjusted by the Secretary to reflect inflation since 1999.''.

     SEC. 912. RESEARCH PRIORITIES.

       Section 210(b) of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4359b(b)) is amended by striking ``Committee on 
     Education and the Workforce of the House of Representatives, 
     and the Committee on Labor and Human Resources of the 
     Senate'' and inserting ``Committee on Education and Labor of 
     the House of Representatives, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate''.

     SEC. 913. AUTHORIZATION OF APPROPRIATIONS.

       Section 212 of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4360a) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``fiscal years 1998 through 2003'' and 
     inserting ``fiscal years 2008 through 2013''; and
       (2) in subsection (b), by striking ``fiscal years 1998 
     through 2003'' and inserting ``fiscal years 2008 through 
     2013''.

              PART B--UNITED STATES INSTITUTE OF PEACE ACT

     SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT.

       (a) Powers and Duties.--Section 1705(b)(3) of the United 
     States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is 
     amended by striking ``the Arms Control and Disarmament 
     Agency,''.
       (b) Board of Directors.--Section 1706 of the United States 
     Institute of Peace Act (22 U.S.C. 4605) is amended--
       (1) by striking ``(b)(5)'' each place the term appears and 
     inserting ``(b)(4)''; and
       (2) in subsection (e), by adding at the end the following:
       ``(5) The term of a member of the Board shall not commence 
     until the member is confirmed by the Senate and sworn in as a 
     member of the Board.''.
       (c) Funding.--Section 1710 of the United States Institute 
     of Peace Act (22 U.S.C. 4609) is amended--
       (1) by striking ``to be appropriated'' and all that follows 
     through the period at the end and inserting ``to be 
     appropriated such sums as may be necessary for fiscal years 
     2008 through 2013.''; and
       (2) by adding at the end the following:
       ``(d) Extension.--Any authorization of appropriations made 
     for the purposes of carrying out this title shall be extended 
     in the same manner as applicable programs are extended under 
     section 422 of the General Education Provisions Act.''.

            PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998

     SEC. 931. REPEALS.

       The following provisions of title VIII of the Higher 
     Education Amendments of 1998 (Public Law 105-244) are 
     repealed:
       (1) Part A.
       (2) Part C (20 U.S.C. 1070 note).
       (3) Part F (20 U.S.C. 1862 note).
       (4) Part J.
       (5) Section 861.
       (6) Section 863.

     SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
                   TRANSITION TRAINING FOR INCARCERATED YOUTH 
                   OFFENDERS.

       Section 821 of the Higher Education Amendments of 1998 (20 
     U.S.C. 1151) is amended to read as follows:

     ``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND 
                   COMMUNITY TRANSITION TRAINING FOR INCARCERATED 
                   YOUTH OFFENDERS.

       ``(a) Definition.--In this section, the term `youth 
     offender' means a male or female offender under the age of 
     35, who is incarcerated in a State prison, including a 
     prerelease facility.
       ``(b) Grant Program.--The Secretary of Education (in this 
     section referred to as the `Secretary')--
       ``(1) shall establish a program in accordance with this 
     section to provide grants to the State correctional education 
     agencies in the States, from allocations for the States under 
     subsection (h), to assist and encourage youth offenders to 
     acquire functional literacy, life, and job skills, through--
       ``(A) the pursuit of a postsecondary education certificate, 
     or an associate or bachelor's degree while in prison; and
       ``(B) employment counseling and other related services 
     which start during incarceration and end not later than 1 
     year after release from confinement; and
       ``(2) may establish such performance objectives and 
     reporting requirements for State correctional education 
     agencies receiving grants under this section as the Secretary

[[Page 20533]]

     determines are necessary to assess the effectiveness of the 
     program under this section.
       ``(c) Application.--To be eligible for a grant under this 
     section, a State correctional education agency shall submit 
     to the Secretary a proposal for a youth offender program 
     that--
       ``(1) identifies the scope of the problem, including the 
     number of youth offenders in need of postsecondary education 
     and vocational training;
       ``(2) lists the accredited public or private educational 
     institution or institutions that will provide postsecondary 
     educational services;
       ``(3) lists the cooperating agencies, public and private, 
     or businesses that will provide related services, such as 
     counseling in the areas of career development, substance 
     abuse, health, and parenting skills;
       ``(4) describes specific performance objectives and 
     evaluation methods (in addition to, and consistent with, any 
     objectives established by the Secretary under subsection 
     (b)(2)) that the State correctional education agency will use 
     in carrying out its proposal, including--
       ``(A) specific and quantified student outcome measures that 
     are referenced to outcomes for non-program participants with 
     similar demographic characteristics; and
       ``(B) measures, consistent with the data elements and 
     definitions described in subsection (d)(1)(A), of--
       ``(i) program completion, including an explicit definition 
     of what constitutes a program completion within the proposal;
       ``(ii) knowledge and skill attainment, including 
     specification of instruments that will measure knowledge and 
     skill attainment;
       ``(iii) attainment of employment both prior to and 
     subsequent to release;
       ``(iv) success in employment indicated by job retention and 
     advancement; and
       ``(v) recidivism, including such subindicators as time 
     before subsequent offense and severity of offense;
       ``(5) describes how the proposed programs are to be 
     integrated with existing State correctional education 
     programs (such as adult education, graduate education degree 
     programs, and vocational training) and State industry 
     programs;
       ``(6) describes how the proposed programs will have 
     considered or will utilize technology to deliver the services 
     under this section; and
       ``(7) describes how students will be selected so that only 
     youth offenders eligible under subsection (e) will be 
     enrolled in postsecondary programs.
       ``(d) Program Requirements.--Each State correctional 
     education agency receiving a grant under this section shall--
       ``(1) annually report to the Secretary regarding--
       ``(A) the results of the evaluations conducted using data 
     elements and definitions provided by the Secretary for the 
     use of State correctional education programs;
       ``(B) any objectives or requirements established by the 
     Secretary pursuant to subsection (b)(2); and
       ``(C) the additional performance objectives and evaluation 
     methods contained in the proposal described in subsection 
     (c)(4) as necessary to document the attainment of project 
     performance objectives; and
       ``(2) provide to each State for each student eligible under 
     subsection (e) not more than--
       ``(A) $3,000 annually for tuition, books, and essential 
     materials; and
       ``(B) $300 annually for related services such as career 
     development, substance abuse counseling, parenting skills 
     training, and health education.
       ``(e) Student Eligibility.--A youth offender shall be 
     eligible for participation in a program receiving a grant 
     under this section if the youth offender--
       ``(1) is eligible to be released within 5 years (including 
     a youth offender who is eligible for parole within such 
     time);
       ``(2) is 35 years of age or younger; and
       ``(3) has not been convicted of--
       ``(A) a `criminal offense against a victim who is a minor' 
     or a `sexually violent offense', as such terms are defined in 
     the Jacob Wetterling Crimes Against Children and Sexually 
     Violent Offender Registration Act (42 U.S.C. 14071 et seq.); 
     or
       ``(B) murder, as described in section 1111 of title 18, 
     United States Code.
       ``(f) Length of Participation.--A State correctional 
     education agency receiving a grant under this section shall 
     provide educational and related services to each 
     participating youth offender for a period not to exceed 5 
     years, 1 year of which may be devoted to study in a graduate 
     education degree program or to remedial education services 
     for students who have obtained a secondary school diploma or 
     its recognized equivalent. Educational and related services 
     shall start during the period of incarceration in prison or 
     prerelease, and the related services may continue for not 
     more than 1 year after release from confinement.
       ``(g) Education Delivery Systems.--State correctional 
     education agencies and cooperating institutions shall, to the 
     extent practicable, use high-tech applications in developing 
     programs to meet the requirements and goals of this section.
       ``(h) Allocation of Funds.--From the funds appropriated 
     pursuant to subsection (i) for each fiscal year, the 
     Secretary shall allot to each State an amount that bears the 
     same relationship to such funds as the total number of 
     students eligible under subsection (e) in such State bears to 
     the total number of such students in all States.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal years 2008 through 
     2013.''.

     SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 
                   PROGRAM.

       Section 841(c) of the Higher Education Amendments of 1998 
     (20 U.S.C. 1153(c)) is amended by striking ``this section'' 
     and all that follows through the period at the end and 
     inserting ``this section such sums as may be necessary for 
     fiscal years 2008 through 2013.''.

     SEC. 934. OLYMPIC SCHOLARSHIPS UNDER THE HIGHER EDUCATION 
                   AMENDMENTS OF 1992.

       Section 1543(d) of the Higher Education Amendments of 1992 
     (20 U.S.C. 1070 note) is amended by striking ``to be 
     appropriated'' and all that follows through the period at the 
     end and inserting ``to be appropriated such sums as may be 
     necessary for fiscal years 2008 through 2013.''.

                        PART D--INDIAN EDUCATION

              Subpart 1--Tribal Colleges and Universities

     SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE 
                   OR UNIVERSITY ASSISTANCE ACT OF 1978.

       (a) Clarification of the Definition of National Indian 
     Organization.--Section 2(a)(6) of the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 
     1801(a)(6)) is amended by striking ``in the field of Indian 
     education'' and inserting ``in the fields of tribally 
     controlled colleges and universities and Indian higher 
     education''.
       (b) Indian Student Count.--Section 2(a) of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801(a)) is amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6) the following:
       ``(7) `Indian student' means a student who is--
       ``(A) a member of an Indian tribe; or
       ``(B) a biological child of a member of an Indian tribe, 
     living or deceased;''.
       (c) Continuing Education.--Section 2(b) of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``paragraph (7) of subsection (a)'' and inserting 
     ``subsection (a)(8)'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Determination of credits.--Eligible credits earned in 
     a continuing education program--
       ``(A) shall be determined as 1 credit for every 10 contact 
     hours in the case of an institution on a quarter system, or 
     15 contact hours in the case of an institution on a semester 
     system, of participation in an organized continuing education 
     experience under responsible sponsorship, capable direction, 
     and qualified instruction, as described in the criteria 
     established by the International Association for Continuing 
     Education and Training; and
       ``(B) shall be limited to 10 percent of the Indian student 
     count of a tribally controlled college or university.''; and
       (3) by striking paragraph (6).
       (d) Accreditation Requirement.--Section 103 of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1804) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3), the following:
       ``(4)(A) is accredited by a nationally recognized 
     accrediting agency or association determined by the Secretary 
     of Education to be a reliable authority with regard to the 
     quality of training offered; or
       ``(B) according to such an agency or association, is making 
     reasonable progress toward accreditation.''.
       (e) Technical Assistance Contracts.--Section 105 of the 
     Tribally Controlled College or University Assistance Act of 
     1978 (25 U.S.C. 1805) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``The Secretary shall'' and inserting 
     the following:

     ``SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.

       ``(a) Technical Assistance.--
       ``(1) In general.--The Secretary shall'';
       (2) in the second sentence, by striking ``In the awarding 
     of contracts for technical assistance, preference shall be 
     given'' and inserting the following:
       ``(2) Designated organization.--The Secretary shall require 
     that a contract for technical assistance under paragraph (1) 
     shall be awarded''; and
       (3) in the third sentence, by striking ``No authority'' and 
     inserting the following:
       ``(b) Effect of Section.--No authority''.
       (f) Amount of Grants.--Section 108(a) of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1808(a)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,

[[Page 20534]]

     and indenting the subparagraphs appropriately;
       (2) by striking ``(a) Except as provided in section 111,'' 
     and inserting the following:
       ``(a) Requirement.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     section 111,'';
       (3) in paragraph (1) (as redesignated by paragraphs (1) and 
     (2))--
       (A) in the matter preceding subparagraph (A) (as 
     redesignated by paragraph (1))--
       (i) by striking ``him'' and inserting ``the Secretary''; 
     and
       (ii) by striking ``product of'' and inserting ``product 
     obtained by multiplying'';
       (B) in subparagraph (A) (as redesignated by paragraph (1)), 
     by striking ``section 2(a)(7)'' and inserting ``section 
     2(a)(8)''; and
       (C) in subparagraph (B) (as redesignated by paragraph (1)), 
     by striking ``$6,000,'' and inserting ``$8,000, as adjusted 
     annually for inflation.''; and
       (4) by striking ``except that no grant shall exceed the 
     total cost of the education program provided by such college 
     or university.'' and inserting the following:
       ``(2) Exception.--The amount of a grant under paragraph (1) 
     shall not exceed an amount equal to the total cost of the 
     education program provided by the applicable tribally 
     controlled college or university.''.
       (g) General Provisions Reauthorization.--Section 110(a) of 
     the Tribally Controlled College or University Assistance Act 
     of 1978 (25 U.S.C. 1810(a)) is amended--
       (1) in paragraphs (1), (2), (3), and (4), by striking 
     ``1999'' and inserting ``2008'';
       (2) in paragraphs (1), (2), and (3), by striking ``4 
     succeeding'' and inserting ``5 succeeding'';
       (3) in paragraph (2), by striking ``$40,000,000'' and 
     inserting ``such sums as may be necessary'';
       (4) in paragraph (3), by striking ``$10,000,000'' and 
     inserting ``such sums as may be necessary''; and
       (5) in paragraph (4), by striking ``succeeding 4'' and 
     inserting ``5 succeeding''.
       (h) Endowment Program Reauthorization.--Section 306(a) of 
     the Tribally Controlled College or University Assistance Act 
     of 1978 (25 U.S.C. 1836(a)) is amended--
       (1) by striking ``1999'' and inserting ``2008''; and
       (2) by striking ``4 succeeding'' and inserting ``5 
     succeeding''.
       (i) Tribal Economic Development Reauthorization.--Section 
     403 of the Tribal Economic Development and Technology Related 
     Education Assistance Act of 1990 (25 U.S.C. 1852) is 
     amended--
       (1) by striking ``$2,000,000 for fiscal year 1999'' and 
     inserting ``such sums as may be necessary for fiscal year 
     2008''; and
       (2) by striking ``4 succeeding'' and inserting ``5 
     succeeding''.
       (j) Tribally Controlled Postsecondary Career and Technical 
     Institutions.--
       (1) In general.--The Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is 
     amended by adding at the end the following:

 ``Subtitle V--Tribally Controlled Postsecondary Career and Technical 
                              Institutions

     ``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY 
                   CAREER AND TECHNICAL INSTITUTION.

       ``In this title, the term `tribally controlled 
     postsecondary career and technical institution' has the 
     meaning given the term in section 3 of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 2302).

     ``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
                   TECHNICAL INSTITUTIONS PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, for fiscal year 2008 and each fiscal year 
     thereafter, the Secretary shall--
       ``(1) subject to subsection (b), select 2 tribally 
     controlled postsecondary career and technical institutions to 
     receive assistance under this title; and
       ``(2) provide funding to the selected tribally controlled 
     postsecondary career and technical institutions to pay the 
     costs (including institutional support costs) of operating 
     postsecondary career and technical education programs for 
     Indian students at the tribally controlled postsecondary 
     career and technical institutions.
       ``(b) Selection of Certain Institutions.--
       ``(1) Requirement.--For each fiscal year during which the 
     Secretary determines that a tribally controlled postsecondary 
     career and technical institution described in paragraph (2) 
     meets the definition referred to in section 501, the 
     Secretary shall select that tribally controlled postsecondary 
     career and technical institution under subsection (a)(1) to 
     receive funding under this section.
       ``(2) Institutions.--The 2 tribally controlled 
     postsecondary career and technical institutions referred to 
     in paragraph (1) are--
       ``(A) the United Tribes Technical College; and
       ``(B) the Navajo Technical College.
       ``(c) Method of Payment.--For each applicable fiscal year, 
     the Secretary shall provide funding under this section to 
     each tribally controlled postsecondary career and technical 
     institution selected for the fiscal year under subsection 
     (a)(1) in a lump sum payment for the fiscal year.
       ``(d) Distribution.--
       ``(1) In general.--For fiscal year 2009 and each fiscal 
     year thereafter, of amounts made available pursuant to 
     section 504, the Secretary shall distribute to each tribally 
     controlled postsecondary career and technical institution 
     selected for the fiscal year under subsection (a)(1) an 
     amount equal to the greater of--
       ``(A) the total amount appropriated for the tribally 
     controlled postsecondary career and technical institution for 
     fiscal year 2006; or
       ``(B) the total amount appropriated for the tribally 
     controlled postsecondary career and technical institution for 
     fiscal year 2008.
       ``(2) Excess amounts.--If, for any fiscal year, the amount 
     made available pursuant to section 504 exceeds the sum of the 
     amounts required to be distributed under paragraph (1) to the 
     tribally controlled postsecondary career and technical 
     institutions selected for the fiscal year under subsection 
     (a)(1), the Secretary shall distribute to each tribally 
     controlled postsecondary career and technical institution 
     selected for that fiscal year a portion of the excess amount, 
     to be determined by--
       ``(A) dividing the excess amount by the aggregate Indian 
     student count (as defined in section 117(h) of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2327(h)) of such institutions for the prior academic year; 
     and
       ``(B) multiplying the quotient described in subparagraph 
     (A) by the Indian student count of each such institution for 
     the prior academic year.

     ``SEC. 503. APPLICABILITY OF OTHER LAWS.

       ``(a) In General.--Paragraphs (4) and (7) of subsection 
     (a), and subsection (b), of section 2, sections 105, 108, 
     111, 112 and 113, and titles II, III, and IV shall not apply 
     to this title.
       ``(b) Indian Self-Determination and Education Assistance.--
     Funds made available pursuant to this title shall be subject 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.).
       ``(c) Election to Receive.--A tribally controlled 
     postsecondary career and technical institution selected for a 
     fiscal year under section 502(b) may elect to receive funds 
     pursuant to section 502 in accordance with an agreement 
     between the tribally controlled postsecondary career and 
     technical institution and the Secretary under the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.) if the agreement is in existence on the date of 
     enactment of the Higher Education Amendments of 2007.
       ``(d) Other Assistance.--Eligibility for, or receipt of, 
     assistance under this title shall not preclude the 
     eligibility of a tribally controlled postsecondary career and 
     technical institutions to receive Federal financial 
     assistance under--
       ``(1) any program under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.);
       ``(2) any program under the Carl D. Perkins Career and 
     Technical Education Act of 2006; or
       ``(3) any other applicable program under which a benefit is 
     provided for--
       ``(A) institutions of higher education;
       ``(B) community colleges; or
       ``(C) postsecondary educational institutions.

     ``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary for fiscal year 2008 and each fiscal year 
     thereafter to carry out this title.''.
       (2) Conforming amendments.--Section 117 of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2327) is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Grant Program.--Subject to the availability of 
     appropriations, the Secretary shall make grants under this 
     section, to provide basic support for the education and 
     training of Indian students, to tribally controlled 
     postsecondary career and technical institutions that are not 
     receiving Federal assistance as of the date on which the 
     grant is provided under--
       ``(1) title I of the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); 
     or
       ``(2) the Navajo Community College Act (25 U.S.C. 640a et 
     seq.).''; and
       (B) by striking subsection (d) and inserting the following:
       ``(d) Applications.--To be eligible to receive a grant 
     under this section, a tribally controlled postsecondary 
     career and technical institution that is not receiving 
     Federal assistance under title I of the Tribally Controlled 
     College or University Assistance Act (25 U.S.C. 1802 et seq.) 
     or the Navajo Community College Act (25 U.S.C. 640a et seq.) 
     shall submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.''.
       (k) Short Title.--
       (1) In general.--The first section of the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801 note; Public Law 95-471) is amended to read as 
     follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Tribally Controlled 
     Colleges and Universities Assistance Act of 1978'.''.
       (2) References.--Any reference in law (including 
     regulations) to the Tribally Controlled College or University 
     Assistance Act

[[Page 20535]]

     of 1978 shall be considered to be a reference to the 
     ``Tribally Controlled Colleges and Universities Assistance 
     Act of 1978''.

                   Subpart 2--Navajo Higher Education

     SEC. 945. SHORT TITLE.

       This subpart may be cited as the ``Navajo Nation Higher 
     Education Act of 2006''.

     SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.

       (a) Purpose.--Section 2 of the Navajo Community College Act 
     (25 U.S.C. 640a) is amended--
       (1) by striking ``Navajo Tribe of Indians'' and inserting 
     ``Navajo Nation''; and
       (2) by striking ``the Navajo Community College'' and 
     inserting ``Dine College''.
       (b) Grants.--Section 3 of the Navajo Community College Act 
     (25 U.S.C. 640b) is amended--
       (1) in the first sentence--
       (A) by inserting ``the'' before ``Interior'';
       (B) by striking ``Navajo Tribe of Indians'' and inserting 
     ``Navajo Nation''; and
       (C) by striking ``the Navajo Community College'' and 
     inserting ``Dine College''; and
       (2) in the second sentence--
       (A) by striking ``Navajo Tribe'' and inserting ``Navajo 
     Nation''; and
       (B) by striking ``Navajo Indians'' and inserting ``Navajo 
     people''.
       (c) Study of Facilities Needs.--Section 4 of the Navajo 
     Community College Act (25 U.S.C. 640c) is amended--
       (1) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``the Navajo Community College'' and 
     inserting ``Dine College''; and
       (ii) by striking ``August 1, 1979'' and inserting ``October 
     31, 2010''; and
       (B) in the second sentence, by striking ``Navajo Tribe'' 
     and inserting ``Navajo Nation'';
       (2) in subsection (b), by striking ``the date of enactment 
     of the Tribally Controlled Community College Assistance Act 
     of 1978'' and inserting ``October 1, 2007''; and
       (3) in subsection (c), in the first sentence, by striking 
     ``the Navajo Community College'' and inserting ``Dine 
     College''.
       (d) Authorization of Appropriations.--Section 5 of the 
     Navajo Community College Act (25 U.S.C. 640c-1) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$2,000,000'' and all 
     that follows through the end of the paragraph and inserting 
     ``such sums as are necessary for fiscal years 2008 through 
     2013.''; and
       (B) by adding at the end the following:
       ``(3) Sums described in paragraph (2) shall be used to 
     provide grants for construction activities, including the 
     construction of buildings, water and sewer facilities, roads, 
     information technology and telecommunications infrastructure, 
     classrooms, and external structures (such as walkways).'';
       (2) in subsection (b)(1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``the Navajo Community College'' and 
     inserting ``Dine College''; and
       (ii) by striking ``, for each fiscal year'' and all that 
     follows through ``for--'' and inserting ``such sums as are 
     necessary for fiscal years 2008 through 2013 to pay the cost 
     of--'';
       (B) in subparagraph (A)--
       (i) by striking ``college'' and inserting ``College'';
       (ii) in clauses (i) and (iii), by striking the commas at 
     the ends of the clauses and inserting semicolons; and
       (iii) in clause (ii), by striking ``, and'' at the end and 
     inserting ``; and'';
       (C) in subparagraph (B), by striking the comma at the end 
     and inserting a semicolon;
       (D) in subparagraph (C), by striking ``, and'' at the end 
     and inserting a semicolon;
       (E) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (F) by adding at the end the following:
       ``(E) improving and expanding the College, including by 
     providing, for the Navajo people and others in the community 
     of the College--
       ``(i) higher education programs;
       ``(ii) career and technical education;
       ``(iii) activities relating to the preservation and 
     protection of the Navajo language, philosophy, and culture;
       ``(iv) employment and training opportunities;
       ``(v) economic development and community outreach; and
       ``(vi) a safe learning, working, and living environment.''; 
     and
       (3) in subsection (c), by striking ``the Navajo Community 
     College'' and inserting ``Dine College''.
       (e) Effect on Other Laws.--Section 6 of the Navajo 
     Community College Act (25 U.S.C. 640c-2) is amended--
       (1) by striking ``the Navajo Community College'' each place 
     it appears and inserting ``Dine College''; and
       (2) in subsection (b), by striking ``college'' and 
     inserting ``College''.
       (f) Payments; Interest.--Section 7 of the Navajo Community 
     College Act (25 U.S.C. 640c-3) is amended by striking ``the 
     Navajo Community College'' each place it appears and 
     inserting ``Dine College''.

     ``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE 
                   ATTORNEYS.

       ``(a) Purpose.--The purpose of this section is to encourage 
     qualified individuals to enter and continue employment as 
     civil legal assistance attorneys.
       ``(b) Definitions.--In this section:
       ``(1) Civil legal assistance attorney.--The term `civil 
     legal assistance attorney' means an attorney who--
       ``(A) is a full-time employee of a nonprofit organization 
     that provides legal assistance with respect to civil matters 
     to low-income individuals without a fee;
       ``(B) as such employee, provides civil legal assistance as 
     described in subparagraph (A) on a full-time basis; and
       ``(C) is continually licensed to practice law.
       ``(2) Student loan.--The term `student loan' means--
       ``(A) subject to subparagraph (B), a loan made, insured, or 
     guaranteed under part B, D, or E of this title; and
       ``(B) a loan made under section 428C or 455(g), to the 
     extent that such loan was used to repay--
       ``(i) a Federal Direct Stafford Loan, a Federal Direct 
     Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
       ``(ii) a loan made under section 428, 428B, or 428H; or
       ``(iii) a loan made under part E.
       ``(c) Program Authorized.--The Secretary shall carry out a 
     program of assuming the obligation to repay a student loan, 
     by direct payments on behalf of a borrower to the holder of 
     such loan, in accordance with subsection (d), for any 
     borrower who--
       ``(1) is employed as a civil legal assistance attorney; and
       ``(2) is not in default on a loan for which the borrower 
     seeks repayment.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment 
     benefits under subsection (c), a borrower shall enter into a 
     written agreement with the Secretary that specifies that--
       ``(A) the borrower will remain employed as a civil legal 
     assistance attorney for a required period of service of not 
     less than 3 years, unless involuntarily separated from that 
     employment;
       ``(B) if the borrower is involuntarily separated from 
     employment on account of misconduct, or voluntarily separates 
     from employment, before the end of the period specified in 
     the agreement, the borrower will repay the Secretary the 
     amount of any benefits received by such employee under this 
     agreement;
       ``(C) if the borrower is required to repay an amount to the 
     Secretary under subparagraph (B) and fails to repay such 
     amount, a sum equal to that amount shall be recoverable by 
     the Federal Government from the employee by such methods as 
     are provided by law for the recovery of amounts owed to the 
     Federal Government;
       ``(D) the Secretary may waive, in whole or in part, a right 
     of recovery under this subsection if it is shown that 
     recovery would be against equity and good conscience or 
     against the public interest; and
       ``(E) the Secretary shall make student loan payments under 
     this section for the period of the agreement, subject to the 
     availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from, 
     an individual under this subsection shall be credited to the 
     appropriation account from which the amount involved was 
     originally paid.
       ``(B) Merger.--Any amount credited under subparagraph (A) 
     shall be merged with other sums in such account and shall be 
     available for the same purposes and period, and subject to 
     the same limitations, if any, as the sums with which the 
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments 
     made by the Secretary under this section shall be made 
     subject to such terms, limitations, or conditions as may be 
     mutually agreed upon by the borrower and the Secretary in an 
     agreement under paragraph (1), except that the amount paid by 
     the Secretary under this section shall not exceed--
       ``(i) $6,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $40,000 in the case of any 
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall 
     authorize the Secretary to pay any amount to reimburse a 
     borrower for any repayments made by such borrower prior to 
     the date on which the Secretary entered into an agreement 
     with the borrower under this subsection.
       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of 
     service under an agreement under subsection (d), the borrower 
     and the Secretary may, subject to paragraph (2), enter into 
     an additional agreement in accordance with subsection (d).
       ``(2) Term.--An agreement entered into under paragraph (1) 
     may require the borrower to remain employed as a civil legal 
     assistance attorney for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Secretary 
     shall provide repayment benefits under this section on a 
     first-come, first-served basis, and subject to the 
     availability of appropriations.
       ``(2) Priority.--The Secretary shall give priority in 
     providing repayment benefits under this section in any fiscal 
     year to a borrower who--

[[Page 20536]]

       ``(A) has practiced law for 5 years or less and, for at 
     least 90 percent of the time in such practice, has served as 
     a civil legal assistance attorney;
       ``(B) received repayment benefits under this section during 
     the preceding fiscal year; and
       ``(C) has completed less than 3 years of the first required 
     period of service specified for the borrower in an agreement 
     entered into under subsection (d).
       ``(g) Regulations.--The Secretary is authorized to issue 
     such regulations as may be necessary to carry out the 
     provisions of this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each succeeding fiscal year.''.

       PART E--OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

     SEC. 951. SHORT TITLE.

       This part may be cited as the ``John R. Justice Prosecutors 
     and Defenders Incentive Act of 2007''.

     SEC. 952. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
     after part II (42 U.S.C. 3797cc et seq.) the following:

     ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

     ``SEC. 3001. GRANT AUTHORIZATION.

       ``(a) Purpose.--The purpose of this section is to encourage 
     qualified individuals to enter and continue employment as 
     prosecutors and public defenders.
       ``(b) Definitions.--In this section:
       ``(1) Prosecutor.--The term `prosecutor' means a full-time 
     employee of a State or local agency who--
       ``(A) is continually licensed to practice law; and
       ``(B) prosecutes criminal or juvenile delinquency cases at 
     the State or local  level (including supervision, education, 
     or training of other persons prosecuting such cases).
       ``(2) Public defender.--The term `public defender' means an 
     attorney who--
       ``(A) is continually licensed to practice law; and
       ``(B) is--
       ``(i) a full-time employee of a State or local agency who 
     provides legal representation to indigent persons in criminal 
     or juvenile delinquency cases (including supervision, 
     education, or training of other persons providing such 
     representation);
       ``(ii) a full-time employee of a nonprofit organization 
     operating under a contract with a State or unit of local 
     government, who devotes substantially all of his or her full-
     time employment to providing legal representation to indigent 
     persons in criminal or juvenile delinquency cases, (including 
     supervision, education, or training of other persons 
     providing such representation); or
       ``(iii) employed as a full-time Federal defender attorney 
     in a defender organization established pursuant to subsection 
     (g) of section 3006A of title 18, United States Code, that 
     provides legal representation to indigent persons in criminal 
     or juvenile delinquency cases.
       ``(3) Student loan.--The term `student loan' means--
       ``(A) a loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) a loan made under part D or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 
     1087aa et seq.); and
       ``(C) a loan made under section 428C or 455(g) of the 
     Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) 
     to the extent that such loan was used to repay a Federal 
     Direct Stafford Loan, a Federal Direct Unsubsidized Stafford 
     Loan, or a loan made under section 428 or 428H of such Act.
       ``(c) Program Authorized.--The Attorney General shall 
     establish a program by which the Department of Justice shall 
     assume the obligation to repay a student loan, by direct 
     payments on behalf of a borrower to the holder of such loan, 
     in accordance with subsection (d), for any borrower who--
       ``(1) is employed as a prosecutor or public defender; and
       ``(2) is not in default on a loan for which the borrower 
     seeks forgiveness.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment 
     benefits under subsection (c), a borrower shall enter into a 
     written agreement that specifies that--
       ``(A) the borrower will remain employed as a prosecutor or 
     public defender for a required period of service of not less 
     than 3 years, unless involuntarily separated from that 
     employment;
       ``(B) if the borrower is involuntarily separated from 
     employment on account of misconduct, or voluntarily separates 
     from employment, before the end of the period specified in 
     the agreement, the borrower will repay the Attorney General 
     the amount of any benefits received by such employee under 
     this section;
       ``(C) if the borrower is required to repay an amount to the 
     Attorney General under subparagraph (B) and fails to repay 
     such amount, a sum equal to that amount shall be recoverable 
     by the Federal Government from the employee (or such 
     employee's estate, if applicable) by such methods as are 
     provided by law for the recovery of amounts owed to the 
     Federal Government;
       ``(D) the Attorney General may waive, in whole or in part, 
     a right of recovery under this subsection if it is shown that 
     recovery would be against equity and good conscience or 
     against the public interest; and
       ``(E) the Attorney General shall make student loan payments 
     under this section for the period of the agreement, subject 
     to the availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from, 
     an individual or the estate of an individual under this 
     subsection shall be credited to the appropriation account 
     from which the amount involved was originally paid.
       ``(B) Merger.--Any amount credited under subparagraph (A) 
     shall be merged with other sums in such account and shall be 
     available for the same purposes and period, and subject to 
     the same limitations, if any, as the sums with which the 
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments 
     made by the Attorney General under this section shall be made 
     subject to such terms, limitations, or conditions as may be 
     mutually agreed upon by the borrower and the Attorney General 
     in an agreement under paragraph (1), except that the amount 
     paid by the Attorney General under this section shall not 
     exceed--
       ``(i) $10,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $60,000 in the case of any 
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall 
     authorize the Attorney General to pay any amount to reimburse 
     a borrower for any repayments made by such borrower prior to 
     the date on which the Attorney General entered into an 
     agreement with the borrower under this subsection.
       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of 
     service under an agreement under subsection (d), the borrower 
     and the Attorney General may, subject to paragraph (2), enter 
     into an additional agreement in accordance with subsection 
     (d).
       ``(2) Term.--An agreement entered into under paragraph (1) 
     may require the borrower to remain employed as a prosecutor 
     or public defender for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Attorney 
     General shall provide repayment benefits under this section--
       ``(A) giving priority to borrowers who have the least 
     ability to repay their loans, except that the Attorney 
     General shall determine a fair allocation of repayment 
     benefits among prosecutors and public defenders, and among 
     employing entities nationwide; and
       ``(B) subject to the availability of appropriations.
       ``(2) Priority.--The Attorney General shall give priority 
     in providing repayment benefits under this section in any 
     fiscal year to a borrower who--
       ``(A) received repayment benefits under this section during 
     the preceding fiscal year; and
       ``(B) has completed less than 3 years of the first required 
     period of service specified for the borrower in an agreement 
     entered into under subsection (d).
       ``(g) Regulations.--The Attorney General is authorized to 
     issue such regulations as may be necessary to carry out the 
     provisions of this section.
       ``(h) Study.--Not later than 1 year after the date of 
     enactment of this section, the Government Accountability 
     Office shall study and report to Congress on the impact of 
     law school accreditation requirements and other factors on 
     law school costs and access, including the impact of such 
     requirements on racial and ethnic minorities.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each succeeding fiscal year.''.

                          ____________________




 TO AMEND U.S. TROOP READINESS, VETERANS' CARE, KATRINA RECOVERY, AND 
              IRAQ ACCOUNTABILITY APPROPRIATIONS ACT, 2007

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Agriculture be discharged from further consideration of S. 
1716 and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       The bill (S. 1716) to amend the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007, to strike a requirement relating to 
     forage producers.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the bill be

[[Page 20537]]

read a third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the measure be printed in Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1716) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1716

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONTRACT WAIVER.

       The U.S. Troop Readiness, Veterans' Care, Katrina Recovery, 
     and Iraq Accountability Appropriations Act, 2007 (Public Law 
     110-28; 121 Stat. 112) is amended by striking section 9012.

                          ____________________




                  TO AMEND TITLE 4, UNITED STATES CODE

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1877, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1877) to amend title 4, United States Code, to 
     prescribe that members of the Armed Forces and veterans out 
     of uniform may render the military salute during hoisting, 
     lowering, or passing of flag.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1877) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1877

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONDUCT BY MEMBERS OF THE ARMED FORCES AND 
                   VETERANS OUT OF UNIFORM DURING HOISTING, 
                   LOWERING, OR PASSING OF FLAG.

       Section 9 of title 4, United States Code, is amended by 
     striking ``all persons present'' and all that follows through 
     the end and inserting ``those present in uniform should 
     render the military salute. Members of the Armed Forces and 
     veterans who are present but not in uniform may render the 
     military salute. All other persons present should face the 
     flag and stand at attention with their right hand over the 
     heart, or if applicable, remove their headdress with their 
     right hand and hold it at the left shoulder, the hand being 
     over the heart. Citizens of other countries should stand at 
     attention. All such conduct toward the flag in a moving 
     column should be rendered at the moment the flag passes.''.

                          ____________________




                    AUTHORIZING PRINTING OF BROCHURE

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of H. Con. Res. 190, just 
received from the House and is at the desk.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (H. Con. Res. 190) authorizing 
     printing of the brochure entitled ``How Our Laws Are Made'', 
     the document-sized, annotated version of the United States 
     Constitution, and the pocket version of the United States 
     Constitution.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
concurrent resolution be agreed to, and the motion to reconsider be 
laid upon the table, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 190) was agreed to.

                          ____________________




                   ORDERS FOR THURSDAY, JULY 26, 2007

  Mrs. MURRAY. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 9:30 
a.m., Thursday, July 26; that on Thursday, following the prayer and 
pledge, the Journal of proceedings be approved to date, the morning 
hour be deemed expired and the time for the two leaders be reserved for 
their use later in the day; that there then be a period of morning 
business for 60 minutes, with Senators permitted to speak therein for 
up to 10 minutes, with the time equally divided and controlled between 
the two leaders or their designees, with the majority controlling the 
first half and the Republicans controlling the final portion; that at 
the close of morning business, the Senate resume consideration of H.R. 
2638.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  Mrs. MURRAY. If there is no further business today, I ask unanimous 
consent that the Senate stand adjourned under the previous order.
  There being no objection, the Senate, at 8:11 p.m., adjourned until 
Thursday, July 26, 2007, at 9:30 a.m. 

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate July 25, 2007:


                          DEPARTMENT OF STATE

       HARRY K. THOMAS, JR., OF NEW YORK, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     DIRECTOR GENERAL OF THE FOREIGN SERVICE, VICE GEORGE MCDADE 
     STAPLES.
       JAMES D. MCGEE, OF FLORIDA, A CAREER MEMBER OF THE SENIOR 
     FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE REPUBLIC OF ZIMBABWE.
       VINCENT OBSITNIK, OF VIRGINIA, TO BE AMBASSADOR 
     EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF 
     AMERICA TO THE REPUBLIC OF SLOVENIA.


                           IN THE COAST GUARD

       THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT AS A 
     PERMANENT COMMISSIONED REGULAR OFFICER IN THE UNITED STATES 
     COAST GUARD IN THE GRADE INDICATED UNDER TITLE 14, U.S.C., 
     SECTION 211:

                            To be lieutenant

KRISTINE B. NEELEY, 0000


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be general

GEN. KEVIN P. CHILTON, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. DAVID A. DEPTULA, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be general

LT. GEN. CLAUDE R. KEHLER, 0000


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. KENNETH W. HUNZEKER, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. R. STEVEN WHITCOMB, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. JAMES D. THURMAN, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

lt. gen. james j. lovelace, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. CARTER F. HAM, 0000

       THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES 
     OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE 
     GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

                        To be brigadier general

COL. LAWRENCE A. HASKINS, 0000


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be vice admiral

REAR ADM. RICHARD K. GALLAGHER, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be vice admiral

REAR ADM. ROBERT T. MOELLER, 0000

[[Page 20538]]




                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR REGULAR APPOINTMENT IN THE 
     GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 
     10, U.S.C., SECTION 531:

                              To be major

DAMION T. GOTTLIEB, 0000

       THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT IN THE GRADE 
     INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., 
     SECTION 531(A):

                        To be lieutenant colonel

FRANCIS E. LOWE, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 624:

                             To be colonel

LISTA M. BENSON, 0000
ALLISON W. BOWDEN, 0000
MARLA D. BUCKLES, 0000
LILLY B. CHRISMAN, 0000
LESLIE M. CLARAVALL, 0000
RICHARD H. EAVES, 0000
JOYCELYN ELAIHO, 0000
BETH A. EWING, 0000
JOHN R. EWING, 0000
KATRINA A. GLAVANHEISE, 0000
JANE C. HENDRICKSVESEL, 0000
MARK S. HOLLAND, 0000
JUDITH A. HUGHES, 0000
BARBARA A. JONES, 0000
ANDREW J. JORGENSEN, 0000
KAREN M. KINNE, 0000
CATHERINE F. MATTIE, 0000
CORINNE O. NAUGHTON, 0000
WILLIAM R. OSBORNE, 0000
BEVERLY J. SMITH, 0000
ROBIN E. SQUELLATI, 0000
CECELIA W. SUTTON, 0000
SANDRA C. TYNES, 0000
ROSEANNE C. WARNER, 0000
KAREN L. WEIS, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 624:

                             To be colonel

KEVIN C. BLAKLEY, 0000
ROBERT V. BOWERSOX, 0000
MARK E. BUTLER, 0000
STEVEN C. CABERTO, 0000
ROBERT J. CAMPBELL, 0000
JOHN L. CHITWOOD, 0000
SCOTT E. CORCORAN, 0000
DALE A. FERGUSON, 0000
LAWRENCE K. HARRINGTON, 0000
DONALD C. HICKMAN, 0000
SCOTT R. MARRS, 0000
PARKER P. PLANTE, 0000
BRYAN E. RAMSTACK, 0000
MARTHA A. STOKES, 0000
FRED P. STONE, 0000
TERRY L. STOTLER, 0000
ROBERT A. TETLA, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 624:

                             To be colonel

ROBERT K. ABERNATHY, 0000
DONALD R. ADAMS, JR., 0000
DAVID J. ALCORN, 0000
PATRICK R. ALLEN, 0000
RANDY S. ALLEN, 0000
KENNETH ALLISON, 0000
JAMES L. ANDERSEN, 0000
DAVID M. ANDERSON, 0000
DEAN J. ANDERSON, 0000
DOUGLAS P. ANDERSON, 0000
KEVIN J. ANDERSON, 0000
JOHN L. ARMANTROUT, 0000
ROBERT G. ARMFIELD, 0000
MERRILL F. ARMSTRONG, 0000
ROBERT T. ATKINS, 0000
KORVIN D. AUCH, 0000
LAWRENCE M. AVERBECK, 0000
FREDERICK C. BACON, 0000
THOMAS M. BAILEY, 0000
RONALD B. BALDINGER, 0000
DIETER E. BAREIHS, 0000
CHRIS BARGERY, 0000
CASSIE B. BARLOW, 0000
EDWARD C. BARON, 0000
RICHARD C. BARTON, 0000
CHARLES L. BEAMES, 0000
ARTHUR F. BEAUCHAMP, 0000
JAMES J. BEISSNER, 0000
ANDREW E. BELKO II, 0000
FRANK K. BENJAMIN, 0000
JOHN R. BERNIER, 0000
HARRY A. BERRY, 0000
GEORGE W. BIRSIC IV, 0000
SCOTT C. BISHOP, 0000
SCOTT C. BLUM, 0000
ERIC A. BOE, 0000
SCOTT C. BOWEN, 0000
VICTORIA L. BOWENS, 0000
LARRY D. BOWERS, 0000
MARTIN C. BRAUN, 0000
WILLIAM S. BREI, 0000
GORDON D. BRIDGER, 0000
KAREN M. BRIDGES, 0000
KIM R. BROOKS, 0000
TODD A. BROOKS, 0000
DAVID W. BROWN, 0000
EUGENE A. BROWN, JR., 0000
KELLEY A. BROWN, 0000
ROGER A. BROWN, 0000
STANLEY L. BROWN, 0000
KENRYU M. BRYSON, 0000
DAVID T. BUCKMAN, 0000
JOHN T. BUDD, 0000
WILLIAM E. BURTON, JR., 0000
TIMOTHY E. BUSH, 0000
SCOTT R. CALISTI, 0000
MARK D. CAMERER, 0000
CRAIG P. CAMPBELL, 0000
ROBERT C. CAMPBELL, JR., 0000
WAYNE A. CANIPE, 0000
DOUGLAS C. CATO, JR., 0000
THOMAS J. CHIAVACCI, 0000
CATHERINE M. CHIN, 0000
GREGORY M. CHRIST, 0000
STEVEN E. CLAPP, 0000
AARON J. CLARK, 0000
BYRON K. CLAY, 0000
PATRICK G. CLEMENTS, 0000
SARAH B. CLIATT, 0000
ALFORD C. COCKFIELD, 0000
RICHARD A. COE, 0000
CHRISTOPHER A. COFFELT, 0000
LAVANSON C. COFFEY III, 0000
DAVID M. COHEN, 0000
ROBERT H. COLE, 0000
EDWARD S. CONANT, 0000
LYNN F. CONNETT, 0000
STANLEY K. CONTRADES, 0000
SEBASTIAN M. CONVERTINO, 0000
CHRISTOPHER D. COOK, 0000
DEANNA L. COOPER, 0000
CRAIG R. COREY, 0000
SHANE P. COURVILLE, 0000
DOUGLAS A. COX, 0000
DUANE T. CREAMER, 0000
BRIAN J. CREELMAN, 0000
DAVID J. CROW, 0000
RUSSELL N. CUTTING, 0000
CHARLES H. CYNAMON, 0000
MARK G. CZELUSTA, 0000
DANNY P. DAGHER, 0000
ROBERT J. DAGUE, 0000
PAUL S. DALY, JR., 0000
MARK T. DAMIANO, 0000
DANIEL A. DANT, 0000
RANDY J. DAVIS, 0000
STEPHEN L. DAVIS, 0000
JAMES C. DAWKINS, JR., 0000
ALLAN E. DAY, 0000
PATRICK K. DEAN, 0000
DAVID S. DEARY, 0000
JON CHASE DECLERCK, 0000
CARL T. DEKEMPER, 0000
DAVID F. DEMARTINO, 0000
DAVID R. DENNING, 0000
DEBORAH A. DETERMAN, 0000
VICTOR J. DIAZ, JR., 0000
DONALD A. DICKERSON, 0000
BERNARD DODSON, JR., 0000
DAVID M. DOE, 0000
PATRICK J. DOHERTY, 0000
PETER A. DONNELLY, 0000
TIMOTHY S. DONOHUE, 0000
CHARLES A. DOUGLASS, 0000
BERT L. DREHER, 0000
JOHN A. DUCHARME, JR., 0000
DAWN M. DUNLOP, 0000
LARRY J. DUVALL, 0000
KENNETH L. ECHTERNACHT, JR., 0000
TRENT H. EDWARDS, 0000
REGAN W. ELDER, 0000
WILLIAM G. ELDRIDGE, 0000
LAURENCE E. ELLIS, 0000
ALBERT M. ELTON II, 0000
CHARLES D. ENGEL, 0000
SAMUEL H. EPPERSON, JR., 0000
ASON G. EVGENIDES, 0000
FREDERICK L. FAHLBUSCH, 0000
GEORGE R. FARFOUR, 0000
MICHAEL R. FARRAR, 0000
TAMMY E. FARROW, 0000
VINCENT J. FECK, 0000
MICHAEL C. FERGUSON, 0000
TIMOTHY D. FERGUSON, 0000
ERIC T. FICK, 0000
TOD R. FINGAL, 0000
JAMES D. FISHER, 0000
JOHN A. FISHER, 0000
MICHAEL F. FLECK, 0000
MATTHEW W. FLOOD, 0000
PATRICK F. FOGARTY, 0000
TIMOTHY A. FORSYTHE, 0000
HARRY A. FOSTER, 0000
MICHAEL R. FRANKEL, 0000
JEFFREY E. FRANKHOUSER, 0000
TODD M. FREECE, 0000
SEAN M. FRISBEE, 0000
GARY GAGLIARDI, 0000
JOSEPH M. GAINES, 0000
VON A. GARDINER, 0000
LAWRENCE M. GATTI, 0000
FRED W. GAUDLIP, 0000
AMANDO E. GAVINO, JR., 0000
JAMES R. GEAR, 0000
MARTIN R. GEARHART, 0000
CHRISTOPHER R. GENTRY, 0000
DAVID MARTIN GIACHETTI, 0000
DAVID L. GILLESPIE, 0000
THOMAS L. GLARDON, 0000
JOHN A. GLAZE, 0000
KEVIN A. GORDEY, 0000
DANIEL B. GORDON, 0000
TODD W. GOSSETT, 0000
GARY J. GOTTSCHALL, 0000
DAVID C. GOULD II, 0000
BRADLEY K. GRAMBO, 0000
STEVEN G. GRAY, 0000
MICHAEL R. GREGG, 0000
FREDERICK D. GREGORY, JR., 0000
GORDON C. GRIFFIN, 0000
JAMES L. GRIFFITH, 0000
LUKE G. GROSSMAN, 0000
ROBERTO I. GUERRERO, 0000
GREGORY M. GUILLOT, 0000
DAVID A. HAASE, 0000
WILLIAM D. HACK, 0000
TODD C. HACKETT, 0000
DAVID E. HAFER, JR., 0000
SCOTT A. HAINES, 0000
ZOE M. HALE, 0000
WESLEY P. HALLMAN, 0000
PATRICK J. HALLORAN, 0000
BRADLEY K. HAMMER, 0000
AMY A. HAMMOND, 0000
WILLIAM E. HAMPTON, 0000
ERIK W. HANSEN, 0000
BRUCE E. HARDY, 0000
JOHN N. HARRIS, 0000
HARRY M. HARRISON, 0000
SHAWN D. HARRISON, 0000
KEVEN E. HARSHBARGER, 0000
SCOTT A. HARTFORD, 0000
JAMES P. HARVEY, 0000
DAVID C. HATHAWAY, 0000
DANIEL J. HAUSAUER, 0000
MICHAEL D. HAYS, 0000
RICHARD J. HAZDRA, 0000
GLENN H. HECHT, 0000
SCOT T. HECKMAN, 0000
BRUCE T. HELLEN, 0000
CHARLES HELWIG III, 0000
GARY W. HENDERSON, 0000
MASAO HENDRIX, 0000
MICHAEL D. HENNESSY, 0000
THOMAS A. HENWOOD, 0000
MARK A. HERING, 0000
SEAN R. HERR, 0000
MARTIN R. HERTZ, 0000
JOSEPH C. HICKOX, 0000
NATHAN E. HILL, 0000
PAMELA M. HILL, 0000
FRANKLIN J. HINSON, JR., 0000
STEVEN T. HISS, 0000
ROBERT J. HOCK, 0000
PETER D. HOFELICH, 0000
ROBERT S. HOLBA, 0000
ERIC J. HOLDAWAY, 0000
PATRICK R. HOLLRAH, 0000
PHILLIP W. HOOVER, 0000
GERALD L. HOUNCHELL, 0000
PETER W. HUGGINS, 0000
JOHNATHAN B. HUGHES, 0000
MICHAEL P. HUGHES, 0000
JOSEPH A. HUNTINGTON, 0000
ROBERT E. HUTCHENS, 0000
ANDREW D. INGRAM, 0000
PAUL E. IRWIN, JR., 0000
GORDON D. ISSLER, 0000
JAMES A. JACOBSON, 0000
DOUGLAS E. JAMES, 0000
JAMES D. JEFFERS, 0000
MARILYN H. JENKINS, 0000
JIM E. JENNINGS, 0000
CAROL A. JOHNSON, 0000
JERRY L. JOHNSON, 0000
KARLTON D. JOHNSON, 0000
STEVEN B. JOHNSON, 0000
NICHOLAS G. JOHNSTON, 0000
DAVID E. JONES, 0000
HOWARD G. JONES III, 0000
KEITH R. JONES, 0000
SOREN K. JONES, 0000
BRIAN T. JORDAN, 0000
BARBARA J. JORGENSEN, 0000
THOMAS C. JOYCE, 0000
DAVID J. JULAZADEH, 0000
DIMASALANG F. JUNIO, 0000
PATRICK KANE, 0000
DAVID A. KASBERG, 0000
ROBERT H. KAUFMAN, 0000
MATTHEW L. KELL, 0000
STEVEN D. KEPHART, 0000
JOHN A. KIMBALL III, 0000
STEVEN A. KIMBALL, 0000
JEFFREY D. KINDLEY, 0000
CHRISTOPHER J. KINNAN, 0000
JAMES A. KIRK, JR., 0000
BRETT W. KNAUB, 0000
CRAIG J. KNIERIM, 0000
KATHRYN L. KOLBE, 0000
MUSTAFA R. KOPRUCU, 0000

[[Page 20539]]

EDWARD J. KOSLOW, 0000
JOHN C. KRESS, 0000
DAVID A. KRUMM, 0000
JEFFREY A. KRUSE, 0000
MICHAEL J. KUCHTA, 0000
GARRY L. KUHN, 0000
CHRISTOPHER J. KULAS, 0000
RUSSELL D. KURTZ, 0000
MICHAEL L. LAKOS, 0000
DOUGLAS K. LAMBERTH, 0000
MARK G. LANGENDERFER, 0000
BILLY R. LANGFORD, 0000
KELLY J. LARSON, 0000
JON A. LARVICK, 0000
STEVEN G. LAVOYE, 0000
STEVEN B. LAWLOR, 0000
KIRK A. LEAR, 0000
PETER A. LEE, 0000
CEDRIC E. LEIGHTON, 0000
BARRY P. LEISTER, 0000
SCOTT P. LEMAY, 0000
ROBERT M. LETOURNEAU, 0000
WILLIAM K. LEWIS, 0000
DENNIS W. LISHERNESS, 0000
STEPHEN W. LISKA, 0000
DONALD C. LOCKE, JR., 0000
PHIL LOCKLEAR, 0000
SCOTT C. LONG, 0000
PATRICK A. LOPARDI, 0000
THOMAS J. LOWRY, 0000
JAMES L. MACFARLANE, 0000
MICHAEL E. MADISON, 0000
JAMES A. MAESTAS, 0000
DAVID H. MAHARREY, JR., 0000
DEIRDRE A. MAHON, 0000
DENNIS J. MALFER, JR., 0000
CHRISTOPHER S. MARDIS, 0000
KURT M. MARISA, 0000
PETER A. MARKLE, 0000
GLENN D. MARTIN, 0000
GREGORY S. MARZOLF, 0000
KEVIN P. MASTIN, 0000
RUSSELL F. MATHERS, 0000
STEPHEN M. MATSON, 0000
KYLE H. MATYI, 0000
CHARLES C. MAU, 0000
SIDNEY F. MAYEUX, 0000
ROBERT S. MCALLUM, 0000
KEITH D. MCBRIDE, 0000
TERRANCE J. MCCAFFREY II, 0000
MICHAEL J. MCCARTHY, 0000
THOMAS D. MCCARTHY, 0000
GARY L. MCCOLLUM, 0000
RICHARD D. MCCOMB, 0000
BRADLEY K. MCCOY, 0000
DENNIS P. MCDEVITT, JR., 0000
JOHN F. MCDEVITT, JR., 0000
JENNY A. MCGEE, 0000
KEVIN P. MCGLAUGHLIN, 0000
JAMES K. MCKENZIE, 0000
PATRICK T. MCKENZIE, 0000
FLOYD A. MCKINNEY, 0000
MICHAEL T. MCLAUGHLIN, 0000
BENJAMIN S. MCMULLEN, 0000
MARY E. MCRAE, 0000
ROBERT K. MENDENHALL, 0000
GEORGE T. MENKER, JR., 0000
RODNEY C. MERANDA, 0000
SCOTT C. MERRELL, 0000
ROBERT E. MIGLIONICO, 0000
BARRY G. MILLER, 0000
COLIN R. MILLER, 0000
DANIEL R. MILLER, 0000
DOUGLAS R. MILLER, 0000
JOHN G. MILLER, 0000
MICHAEL J. MILLER, 0000
TIMOTHY M. MILLER, 0000
VINCENT B. MILLER, 0000
M. J. MITCHELL, 0000
MARIAMNE R. MITCHELL, 0000
ROBERT E. MITCHELL, 0000
PETER H. MIYARES, 0000
DAVID B. MOBLEY, 0000
ANDREW J. MOLNAR, 0000
ROBERT E. MONROE, 0000
POLLYANNA P. MONTGOMERY, 0000
MICHAEL S. MOORE, 0000
DAVID A. MORGAN, 0000
JEFFREY W. MORGAN, 0000
ROBERT A. MORIARTY, 0000
BRETT E. MORRIS, 0000
SHAUN Q. MORRIS, 0000
TIMOTHY R. MORRIS, 0000
RANDY J. MOSER, 0000
ROBERT A. MULHERAN, 0000
KENNETH B. MULLIGAN, 0000
ANTHONY J. MURCH, 0000
RICKY R. MURPHY, 0000
THOMAS E. MURPHY, 0000
JOHN D. NEWBERRY, 0000
TIMOTHY P. NICKERSON, 0000
JOHN S. OATES, 0000
TRACY A. OGRADYWALSH, 0000
STEVEN G. OLIVE, 0000
CHARLES E. OSTEEN, 0000
PATRICK J. OWENS, 0000
HENRY P. PANDES, 0000
KEITH J. PANNABECKER, 0000
MARK W. PAPEN, 0000
GUY E. PARKER, 0000
GEOFFREY S. PARKHURST, 0000
CHARLES W. PATNAUDE, 0000
JOHN T. PATRICOLA, 0000
CHRIS B. PATTERSON, 0000
JOHN W. PEARSE, 0000
DAVID R. PEDERSEN, 0000
LEE J. PERA, 0000
LEEANN PERKINS, 0000
MONTY R. PERRY, 0000
MICHAEL E. PETERSON, 0000
TRENT A. PICKERING, 0000
ERIC J. PIERCE, 0000
GEORGE M. PIERCE II, 0000
TODD M. PIERGROSSI, 0000
BRIAN C. PIERSON, 0000
CHRISTOPHER A. PIKE, 0000
WILLIAM B. PILCHER, JR., 0000
JOSEPH M. PINCKNEY, JR., 0000
LEE T. PITTMAN, 0000
SCOTT L. PLEUS, 0000
WILLIAM S. PORTER, JR., 0000
THOMAS J. PORTERFIELD, 0000
STEVEN W. POWELL, 0000
PHILLIP R. J. PRATZNER, 0000
RONALD R. PRINCE, 0000
MARK D. PRUITT, 0000
DAVID C. PTAK, 0000
ALDON E. PURDHAM, JR., 0000
GEORGE C. RAMEY, 0000
KIMBERLEY A. RAMOS, 0000
GLENN R. RATTELL, 0000
JAMES J. RAVELLA, 0000
DAVID A. REARICK, 0000
MICHAEL D. REED, 0000
VICTORIA H. REED, 0000
WILLIAM A. REESE, 0000
JAMES A. REGENOR, 0000
JAMES R. REITZEL, 0000
LENNY J. RICHOUX, 0000
HEINRICH K. RIEPING, JR., 0000
EDWARD M. RIVERA, 0000
KEVIN J. ROBBINS, 0000
JULIE M. ROBEL, 0000
KYLE W. ROBINSON, 0000
STEVEN M. ROBINSON, 0000
LAWRENCE O. ROCHE, 0000
RICKEY S. RODGERS, 0000
ERNEST H. RODRIGUEZ, 0000
VICTOR M. RODRIGUEZ, 0000
DONNA M. ROGERS, 0000
MARILYN R. ROGERS, 0000
JOHN R. ROMERO, 0000
LUIS E. ROSABERRIOS, 0000
PAT A. ROSE, JR., 0000
LEE W. ROSEN, 0000
JAMES P. ROSS, 0000
WILLIAM G. ROUTT, 0000
TOMISLAV Z. RUBY, 0000
WILLIAM Y. RUPP, 0000
JOHN T. RUSSELL, 0000
ROBERT L. RUSSELL, JR., 0000
JAMES P. RYAN, 0000
MELVIN D. SACHS, 0000
RICHARD P. SAMUELS, 0000
JOSE A. SANCHEZ, 0000
WALTER R. SCHENBERGER, JR., 0000
JOSEPH H. SCHERRER, 0000
PAUL F. SCHULTZ, 0000
JIMMIE D. SCHUMAN, JR., 0000
GREGORY J. SCHWARTZ, 0000
RICHARD P. SCHWING, 0000
TODD J. SCOTT, 0000
SCOTT D. SEAVERS, 0000
JEFFREY D. SEINWILL, 0000
GREGORY S. SELLERS, 0000
CHRISTOPHER C. SHARPE, 0000
PETRA L. SHARRETT, 0000
JOHN E. SHAW, 0000
CHARLES B. SHERWIN, JR., 0000
KEITH B. SHOATES, 0000
TIMOTHY D. SKINNER, 0000
ANDREW T. SLAWSON, 0000
DIRK D. SMITH, 0000
GREGORY C. SMITH, 0000
JEFFREY J. SMITH, 0000
MARVIN W. SMITH, JR., 0000
MICHAEL S. SMITH, 0000
MICHAEL V. SMITH, 0000
SHANE RAY SMITH, 0000
MICHAEL C. SNEEDER, 0000
JEFFERY S. SNELL, 0000
DANIEL R. SNY, 0000
THOMAS J. SNYDER, 0000
DWIGHT C. SONES, 0000
DAVID A. SOUTHERLAND, 0000
JOEL S. SPEIGHT, 0000
CHARLES F. SPENCER, JR., 0000
LESLEY D. SPRAKER, 0000
CLIFFORD B. STANSELL, 0000
SHERRY L. STEARNSBOLES, 0000
ROBERT L. STEPHENSON, 0000
WILLIAM B. STEVENSON IV, 0000
DAVID T. STEWART, 0000
MICHAEL J. STINSON, 0000
RICHARD C. STOCKTON, 0000
CRISTINA M. STONE, 0000
ANTHONY STRICKLAND, 0000
RICKY D. STRICKLAND, 0000
DANA E. STRUCKMAN, 0000
JOSEPH A. SUBLOUSKY, 0000
THOMAS A. SUMMERS, 0000
DAVID E. SWANSON, 0000
JEFFREY R. SWEGEL, 0000
GLENN B. SWIFT, 0000
WILLIAM M. TART, 0000
KENNETH R. TATUM, JR., 0000
DOUGLAS J. TAYLOR, 0000
JOHN B. TAYLOR, 0000
RUSSELL E. TAYLOR, 0000
WILLIAM J. TAYLOR, 0000
MICHAEL L. THERIANOS, JR., 0000
JAMES P. THOMAS, 0000
BILLY D. THOMPSON, 0000
RONALD E. THOMPSON, JR., 0000
WILLIAM A. THOMPSON, 0000
DAVID A. THOMSON, 0000
ERIC M. THOMTON, 0000
PAUL W. TIBBETS IV, 0000
JOHN C. TOBIN, 0000
WADE G. TOLLIVER, 0000
JODINE K. TOOKE, 0000
THOMAS J. TOOMER, 0000
EDWARD M. TOPPS, 0000
ROBERT J. TORICK, JR., 0000
JOSE L. TORRES, JR., 0000
ANDREW J. TOTH, 0000
ROBERT P. TOTH, 0000
WILLIAM S. TULLY, JR., 0000
KIP B. TURAIN, 0000
LUTHER S. TURNER III, 0000
SCOTT M. TURNER, 0000
SHAUN B. TURNER, 0000
ROGER T. TYREE, 0000
JON H. ULLMANN, 0000
KIMBERLY C. ULLMANN, 0000
FRANK L. VANHORN, 0000
DONALD A. VANPATTEN, 0000
EDGAR M. VAUGHAN, 0000
MARK K. VIDMAR, 0000
XAVIER C. VILLARREAL, 0000
ROGER M. VINCENT, 0000
JEFFERY ALLEN VINGER, 0000
MICHAEL D. VLK, 0000
ROGER L. WAGNER, 0000
ANDREAS W. WALSH, 0000
BENJAMIN F. WARD, 0000
TERRY WARD, 0000
WILLIAM R. WARD, 0000
BENJAMIN C. WASH, 0000
MARK E. WEATHERINGTON, 0000
JEFFREY R. WEED, 0000
JAMES L. WERTZ, 0000
HERBERT H. WESSELMAN, 0000
JAMES J. WESSLUND, 0000
EVIN R. WESTEREN, 0000
ROGER H. WESTERMEYER, 0000
BENJAMIN WHAM II, 0000
MARK S. WHINNERY, 0000
ROBERT E. WICKS, JR., 0000
ALAN J. WIEDER, 0000
DAVID P. WIEGAND, 0000
ALBERT C. WILLIAMS II, 0000
JOHN D. WILLIAMS, 0000
TRAVIS A. WILLIS, JR., 0000
CRAIG D. WILLS, 0000
KURT DANIEL WILSON, 0000
RUSSELL A. WILSON, 0000
CURTIS M. WINSTEAD, 0000
ROGER J. WITEK, 0000
RANDY L. WITHAM, 0000
MARSHALL S. WOODSON, 0000
LARRY D. WORLEY, JR., 0000
CHRISTOPHER P. WRIGHT, 0000
GEORGE A. ZANIEWSKI, 0000
ANTHONY J. ZUCCO, 0000

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN 
THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624:

                        To be lieutenant colonel

LAURA E. BARNES, 0000
SARAHANN BEAL, 0000
RICHARD J. BERT, JR., 0000
DANIEL J. BESSMER, 0000
LAWRENCE A. CALABRO, 0000
JOSEPH COSTANTINO, 0000
GERALD F. HESKO, 0000
BARRY O. HILL, 0000
SCOTT B. HOLLIDAY, 0000
MELISSA R. HOWARD, 0000
BRENT A. JOHNSON, 0000
ROSALIND D. JONES, 0000
SCOTT J. KREBS, 0000
MICHAEL LEE, 0000
KERRY L. LEWIS, 0000
MICHAEL P. LUNDY, 0000
STEPHANIE D. MCCORMACKBROWN, 0000
SCOTT M. MCKIM, 0000
DUANE L. MEIGHAN, 0000
SCOTT A. NEMMERS, 0000
JODY C. NOE, 0000
STEPHEN E. NOVAK, 0000
ROBERT A. NYQUIST, 0000
CARLENE M. PERRY, 0000
JAMES R. POEL, 0000
KYLE R. REINHARDT, 0000
JEAN P. RUDDELL, 0000
LIBBY S. SCHINDLER, 0000
RAYMOND M. SIRAK, 0000
BECKY S. SOBEL, 0000
MARK A. STAAL, 0000
CHRISTOPHER B. STANLEY, 0000
DAVID W. STREETER, 0000
LARRY G. TAYLOR, 0000
KEVIN W. TILLER, 0000
SANDRA L. TODD, 0000

[[Page 20540]]

RYAN L. TRAVER, 0000
JAY A. VIETAS, 0000
JOHN M. WAITE, 0000
CAROL C. WALTERS, 0000
KEVIN L. WRIGHT, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 624:

                        To be lieutenant colonel

DANA M. ADAMS, 0000
JENNIFER M. AGULTO, 0000
MARY J. ANTE, 0000
SYLVIA BALLEZGRIFFIN, 0000
LORRAINE R. BARTON, 0000
MICHELE A. BAXTER, 0000
PAMELA K. BEMENT, 0000
KIRSTEN A. BENFORD, 0000
JULIE M. BOSCH, 0000
DAVID A. BRADFIELD, 0000
PATRICIA N. BRADSHAW, 0000
MARY T. CARLISLE, 0000
MAUREEN A. CHARLES, 0000
DOUGLAS J. CHEEK, 0000
ELIZABETH J. CODDINGTON, 0000
SUSAN C. DAVIS, 0000
ELIZABETH A. DECKER, 0000
DEBORAH J. DILLARD, 0000
ADRIANA EDEN, 0000
DEONA J. EICKHOFF, 0000
NATHALIE F. ELLIS, 0000
KELLY JO FIELDS, 0000
RAMONA L. FIELDS, 0000
AMY A. FORRESTER, 0000
LAURA J. FRAZER, 0000
JOANN C. FRYE, 0000
BETH A. GOODWILL, 0000
CHERYL J. GREENTREE, 0000
DALE G. GREY, 0000
RITCHIE D. GRISSETT, 0000
MARIA GUEVARADEMATALOBOS, 0000
JULIE C. HANSON, 0000
ROBERT L. HARSHAW, 0000
DOUGLAS L. HOUSTON, 0000
GWENDOLYN C. JOHNSON, 0000
LAURIE E. JOHNSON, 0000
KRISTI A. KENNEDY, 0000
ALINA KHALIFE, 0000
PAULETTE E. KING, 0000
VINCENT L. KIRKNER, 0000
BRIAN T. KOONCE, 0000
PETER R. LITTLE, 0000
MICHELLE D. MARTINEAU, 0000
ANTOINETTE M. MCNEARY, 0000
PATRICE H. MORRISON, 0000
JACQUELINE A. MUDD, 0000
JILL J. OREAR, 0000
PATRICIA F. PARK, 0000
SUSAN M. PERRY, 0000
MARCIA A. POTTER, 0000
JERE M. POUND IV, 0000
MELANIE A. PRINCE, 0000
IRIS A. REEDOM, 0000
TERRI A. RENSCH, 0000
ALESIA D. RICKS, 0000
ANNA M. RIGHERO, 0000
CHRISTLE A. ROBINSON, 0000
JOANNE R. RUGGERI, 0000
JEANNINE M. RYDER, 0000
SHARON T. SCOTT, 0000
DAVID J. STAMPS, 0000
CHRISTINE S. TAYLOR, 0000
SHEILA M. THORNTON, 0000
KIRK A. TRESCH, 0000
JULIE P. TSEHWILLCOCKSON, 0000
STEVEN F. ULSAS, 0000
VIVENE E. WALTERS, 0000
KATHRYN W. WEISS, 0000
KENNETH R. WESTENKIRCHNER, 0000
MONICA L. WHEATON, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, 
     U.S.C., SECTION 624:

                        To be lieutenant colonel

MARY ANN BEHAN, 0000
DAVID M. BERTHE, 0000
STEVEN E. BODILY, JR., 0000
CHRISTOPHER J. CANALES, 0000
GEORGE G. CARTER, 0000
PAUL N. CONNER, 0000
CARRIE D. COOPER, 0000
GREGORY S. CULLISON, 0000
MICHAEL D. CUPITO, 0000
CHRISTOPHER A. DUN, 0000
TIMOTHY A. DYKENS, 0000
MONTSERRAT P. EDIEKORLESKI, 0000
LEAH JANE ERWIN, 0000
ALFRED K. FLOWERS, JR., 0000
BRIAN T. GOUVEIA, 0000
LINDA M. GUERRERO, 0000
ROBERT A. HARRIS, 0000
SALLY ANN KELLYRANK, 0000
STEPHEN D. LARSEN, 0000
RODNEY J. LASTER, 0000
CAMILLE R. LOONEY, 0000
JOHN J. MAMMANO, 0000
ANTHONY M. MARICI, 0000
TIMOTHY L. MARTINEZ, 0000
RONALD J. MERCHANT, 0000
TIMOTHY T. MIDDLETON, 0000
JON T. MOHATT, 0000
JAMES B. MOTT, 0000
GREGORY W. PAPKE, 0000
WAYNE S. PETERS, 0000
MICHELLE A. PUFALL, 0000
SCOTT C. SUCKOW, 0000
MICHAEL A. TAYLOR, 0000
SAMUEL C. WASHINGTON, 0000
JEFFREY J. WHITE, 0000
PAUL A. WILLINGHAM, 0000


                              in the army

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY AS CHAPLAINS UNDER TITLE 
     10, U.S.C., SECTIONS 624 AND 3064:

                              To be major

DAWUD A. AGBERE, 0000
CHARLES F. BARNA, 0000
DAVID A. BOTTOMS, 0000
RANDALL E. BOWEN, 0000
JEFFREY L. BROOKS, 0000
CHARLES M. BURGESS, 0000
DONALD S. CARROTHERS, 0000
HERMAN B. CHEATHAM, 0000
DARREN K. COLEMAN, 0000
EDDIE W. COOK, 0000
LANE J. CREAMER, 0000
LAWRENCE M. DABECK, 0000
CHRISTOPHER F. EDWARDS, 0000
PAUL A. FOREMAN, 0000
MATTHEW L. GIBSON, 0000
JIMMIE C. GREGORY, 0000
WARREN L. HAGGRAY, 0000
CHARLES E. HAMLIN, 0000
GEORGE H. HAMMIL, 0000
INSOON G. HOAGLAND, 0000
DOUGLAS C. HOOVER, 0000
JERRY B. HORNER, 0000
ABDULLAH A. HULWE, 0000
MARK J. JACOBS, 0000
WILLIAM L. KELLER II, 0000
TODD M. KEPLEY, 0000
MOON H. KIM, 0000
PHILIP A. KOCHENBURGER, 0000
KRZYSZTOF A. KOPEC, 0000
KENNETH M. LEBON, 0000
JAMES B. LEE, 0000
SUN C. LEE, 0000
WILLIAM A. LOVELL, 0000
ROBERT E. MARSI, 0000
HENRY D. MCCAIN, 0000
SHAWN E. MCCAMMON, 0000
ROBERT A. MILLER, 0000
STEVEN J. MOSER, 0000
LINDA D. NORLIEN, 0000
EDWARD U. OHM, 0000
PAUL G. PASSAMONTI, 0000
IBRAHEEM A. RAHEEM, 0000
DAVID A. SCHNARR, 0000
WILLIAM H. SCRITCHFIELD, 0000
MUHAMMAD K. SHABAZZ, 0000
JOHN R. SUTTON, JR., 0000
DOUGLAS C. SWIFT, JR., 0000
ROBERT R. THOMAS, 0000
FRED C. TOWNSEND, 0000
DAVID K. TROGDON, 0000
SEGGERN A. VON, 0000
ROBERT K. WALKER, 0000
EDWARD J. YURUS, 0000

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

BLAKE C. ORTNER, 0000
ANDREW S. ZELLER, 0000

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

JULIE A. BENTZ, 0000
THOMAS L. TURPIN, JR., 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

LARRY L. GUYTON, 0000
RANDY J. MIZE, 0000
WILLIAM C. PROCTOR, 0000
LINDA V. G. WEAVER, 0000
LINDA M. WILLIAMS, 0000


                              in the navy

       THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE 
     GRADES INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, 
     U.S.C., SECTION 531:

                             To be captain

JOSE A. ACOSTA, 0000
GREGORY M. GULLAHORN, 0000
DAVID J. HARRISON, 0000
PHILLIP J. VARGAS, 0000

                            To be commander

GREGORY P. GEISEN, 0000
JESSE W. LEE, JR., 0000
STEVEN NAGEL, 0000

                       To be lieutenant commander

STEPHEN W. BOWMAN, 0000
LORI J. CICCI, 0000
JEFFREY A. GILES, 0000
DANIEL L. MODE, 0000
CHRISTOPHER L. MORGAN, 0000
JOHN Q. QUARTEY, 0000
LAWRENCE A. RAMIREZ, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                            To be commander

DOUGLAS P. BARBER, JR., 0000
CHRISTOPHER J. CORVO, 0000
DANIEL R. CROUCH, 0000
JOSEPH J. ELDRED, 0000
DAMIAN D. FLATT, 0000
PETER D. GALINDEZ, 0000
PATRICK J. GIBBONS, 0000
KEITH S. GIBEL, 0000
COLLEEN M. GLASERALLEN, 0000
MARC F. GUARIN, 0000
GLENN R. HANCOCK, 0000
JOHN A. HELTON, 0000
MICHAEL C. HOLIFIELD, 0000
ELISABETH B. JONES, 0000
DONALD C. KING, 0000
SALVATORE M. MAIDA, JR., 0000
TREVOR A. RUSH, 0000
KELVIN M. STROBLE, 0000
DOUGLAS R. VELVEL, 0000
THOMAS J. WELSH, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                            To be commander

SUSAN D. CHACON, 0000
DANIEL M. EVES, 0000
BRUCE G. GREEN, 0000
ISTVAN HARGITAI, 0000
THOMAS M. JACKS, 0000
STEVEN A. MATIS, 0000
JACQUELINE R. PALAISA, 0000
ORVILLE J. STEIN, JR., 0000
FRANCISCO X. VERAY, 0000
SEUNG C. YANG, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                            To be commander

ENEIN Y. H. ABOUL, 0000
ALEJANDRO ALVARADO, 0000
PAUL A. ANDRE, 0000
HOWARD A. AUPKE, JR., 0000
DANIEL J. BELISLE, 0000
PATRICK J. BLAIR, 0000
BARBARA A. COLEMAN, 0000
MICHAEL A. CORRIERE, 0000
WILLIAM M. DENISTON, 0000
GLENDON B. DIEHL, JR., 0000
MICHAEL J. DUSZYNSKI, 0000
DUANE A. EGGERT, 0000
DAVID A. ELLENBECKER, 0000
GLENN J. GARGANO, 0000
CYNTHIA C. GRANBY, 0000
MATTHEW E. GRIMES, 0000
THOMAS C. HERZIG, 0000
DANIEL J. HIGGINS, 0000
LEE D. HOEY, 0000
ERIC R. HOFFMAN, 0000
BRIAN E. HUTCHISON, 0000
SUSAN M. JAY, 0000
ANTONY R. JOSEPH, 0000
LISA K. KENNEMUR, 0000
KRISTIN N. KLEMANN, 0000
CONRAD F. KRESS, 0000
KAREN P. LEAHY, 0000
MICHAEL S. LELAND, 0000
DENISE M. LEVELING, 0000
JAMIE M. LINDLY, 0000
RALPH J. MARRO, 0000
JAMES L. MARTIN, 0000
JAMES F. MCALLISTER, 0000
THOMAS E. MCCOY, 0000
BRENDAN T. MELODY, 0000
WILLIAM T. MILES, 0000
PATRICIA A. MILLER, 0000
PAUL C. MILLER, 0000
MARSHALL R. MONTEVILLE, 0000
GARY A. MORRIS, 0000
LEO J. MURPHY, 0000
SAMUEL T. OLAIYA, 0000
PAMELA A. OLOUGHLIN, 0000
JACQUELINE L. PIERRE, 0000
ERIC G. POTTERAT, 0000
MICHAEL C. PREVOST, 0000
JAMES D. QUEENER, 0000
EDWARD J. SULLIVAN, 0000
ROHINI SURAJ, 0000

[[Page 20541]]

BRIAN G. TOLBERT, 0000
LEE A. VITATOE, 0000
JUDITH M. WALKER, 0000
THOMAS C. WALTER, 0000
AARON D. WERBEL, 0000
BYRON C. WIGGINS, 0000
KIMBERLY A. ZUZELSKI, 0000





[[Page 20542]]

           HOUSE OF REPRESENTATIVES--Wednesday, July 25, 2007

  The House met at 10 a.m.
  Dr. Suzan Johnson Cook, Believers' Christian Fellowship Church, New 
York, New York, offered the following prayer:
  Our God and our Creator, we come to You this day, rejoicing in our 
hearts for life and life more abundant. We ask You to guide us 
throughout this day, throughout all of our proceedings, that we may go 
forth with purpose, passion, and perseverance, representing the people 
who have both elected and put their trust in us. Please also bless our 
families as we are absent from them. Let no hurt, harm, nor danger come 
their way this day. May we now place our trust in You.
  We ask also, God, that You keep ever before us our mission, our 
missives, and keep our minds focused, clear, and convicted to be 
servants as we represent our Nation, the United States of America.
  Thank You for this opportunity to serve. Thank You for Your grace. 
Thank You for Your wisdom. Thank You for the honor and privilege to 
serve.
  Bless also those amongst us who are candidates for office. Give them 
strength and keep them grounded in Thee. We also ask, O God, that You 
bless not only us, but those around this world, especially those who 
live in fear, poverty, and with injustice. May what we say and do make 
a difference that we may be a light to this world, as You shine through 
us.
  This is our prayer in Your name and for Your sake. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentleman from New York (Mr. Towns) come 
forward and lead the House in the Pledge of Allegiance.
  Mr. TOWNS led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed without amendment a bill of the House of the 
following title:

       H.R. 2429. An act to amend title XVIII of the Social 
     Security Act to provide an exception to the 60-day limit on 
     Medicare reciprocal billing arrangements between two 
     physicians during the period in which one of the physicians 
     is ordered to active duty as a member of a reserve component 
     of the Armed Forces.

  The message also announced that the Senate has passed a concurrent 
resolution of the following title in which the concurrence of the House 
is requested:

       S. Con. Res. 42. Concurrent resolution recognizing the need 
     to pursue research into the causes, treatment, and eventual 
     cure for idiopathic pulmonary fibrosis, supporting the 
     designation of a National Idiopathic Pulmonary Fibrosis 
     Awareness Week, and for other purposes.

                          ____________________




                    WELCOMING DR. SUZAN JOHNSON COOK

  (Mr. TOWNS asked and was given permission to address the House for 1 
minute.)
  Mr. TOWNS. Madam Speaker, I rise today to honor Rev. Dr. Suzan 
Johnson Cook. Rev. Cook is the pastor at the Believers' Christian 
Fellowship Church, which she founded in 1996 after serving as pastor of 
the Mariners' Temple Baptist Church in downtown Manhattan for 13 years. 
In 2002, Rev. Cook became the first woman elected president of the 
10,000-member Hampton, Virginia, University Ministers Conference, which 
represents all the historically African American denominations. Her 
list of other ``firsts'' includes: first woman appointed Chaplain of 
the New York Police Department and the first female baptist minister 
from the Bronx to receive a White House fellowship.
  A woman of promise, passion, diligence, and determination, Rev. Cook 
is the author of eight successful books. In 1997 Rev. Cook was featured 
by Ebony Magazine as one of the Nation's top 15 women in ministry.
  Rev. Cook has toured nationally with Bishop T.D. Jakes and the 
``God's Leading Ladies Conference.'' Her motto is ``If I can help 
somebody, then my living is not in vain.''
  A faculty member and graduate of Harvard University, she also 
received a doctorate of ministry degree from Union Theological 
Seminary, a master of divinity degree from Union Theological Seminary, 
and a master of arts degree from Columbia University.
  Rev. Cook is married to Ronald Cook, and they reside in New York City 
with their two sons.
  Dr. Cook is a powerful orator and was recently described in the New 
York Times as ``Billy Graham and Oprah rolled into one.'' Her mentoring 
and leadership skills have now charged her to form The Woman in 
Ministry International Summit, which supports and advocates for women 
church leaders.
  Madam Speaker, I would like to recognize this magnificent minister, 
scholar, and dynamic leader, and urge my colleagues to join me in 
paying tribute to this outstanding member of the clergy.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. The Chair will entertain up to 15 one-minute speeches on 
each side.

                          ____________________




                             THE FARM BILL

  (Mr. BLUMENAUER asked and was given permission to address the House 
for 1 minute.)
  Mr. BLUMENAUER. Madam Speaker, we will face a very stark choice on 
the farm bill this week. The hollow claims of reform are exposed by the 
fact that it hardly saves any money at all and retains the complex 
system with special provisions to avoid what we say we want to do: 
concentrate on our family farms.
  It preserves a system where five commodities, rice, cotton, wheat, 
soy beans, and corn, will continue to claim most of the money and 
dominate our farm policy. It is perverse because it continues to enrich 
those experts at farming the taxpayer while continuing to squeeze out 
the family farmers, driving up land prices and giving the big guys a 
competitive advantage. That is why the overwhelming majority of farmers 
favor a strict cap of $250,000 a year. You can ask independent experts, 
not lobbyists and associate members. Ask your own farmers.
  Let's amend the committee bill, currently the least that can be done, 
with a vote for a series of amendments that will strengthen it and 
provide the sort of support our farmers deserve.

                          ____________________




               INVITE ILLEGALS TO NEW HAVEN, CONNECTICUT

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Mr. Speaker, New Haven, Connecticut, has become exactly 
that: a new haven for illegal immigrants.
  The city will be granting illegals an ID card that will allow them to 
access

[[Page 20543]]

city services, such as parks, the library, and the ability to open bank 
accounts. This ID card for illegals will become the first of its kind 
in our Nation issued by a city.
  Even though the American public is opposed to free-pass amnesty, this 
city doesn't understand it is still against the law to be in the United 
States illegally.
  But New Haven doesn't seem to care. They have already recruited banks 
that will allow use of these cards. Yale Law School volunteered free 
legal services. All in the name of helping people get away with 
breaking the law.
  New Haven, Connecticut, flaunts its encouragement of illegal entry. 
So since the Feds won't adequately enforce immigration laws and don't 
seem to know what to do with illegals, let's just invite all illegals 
to go to New Haven, Connecticut, where the city wants to have a safe 
sanctuary for them.
  Mr. Speaker, there should be consequences for cities like New Haven, 
Connecticut, that are bastions for illegals. Cities that openly promote 
violations of Federal law should lose Federal funds.
  And that's just the way it is.

                          ____________________




                  COMBAT TERRORISM, REDEPLOY FROM IRAQ

  (Mr. ELLISON asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. ELLISON. Mr. Speaker, the National Intelligence Estimate makes it 
clear that the United States confronts grave challenges to our national 
security. Al Qaeda grows stronger with each passing day and remains 
intent on inflicting harm on the American people and others around the 
world.
  The NIE confirms what many of us in this Chamber already know: the 
war in Iraq has stretched resources thin and continues to distract from 
the global war on terror. It is nearly 5 years since President Bush 
proclaimed ``mission accomplished.'' In that time, over 3,600 Americans 
have lost their lives and 26,000 more have been wounded. Despite the 
courageous efforts of our men and women in uniform, Iraq today is a 
distraction from our mission to destroy the al Qaeda network. How many 
more lives must be lost until the President and our colleagues realize 
that we must change course?
  Mr. Speaker, around the world right now, our brave troops are 
fighting to protect this country and win this war. If we are going to 
prosecute the war to the best of our ability, it is time to face facts 
and reevaluate our strategy and begin a gradual redeployment of our 
troops.

                          ____________________




                     SUCCESS FOR BULGARIA AND LIBYA

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, after serving nearly 8 
years in a Libyan prison, five Bulgarian nurses yesterday were joyously 
released home to Sofia, Bulgaria, escorted by Cecilia Sarkozy, wife of 
the President of France, America's first ally. These nurses and a 
Palestinian doctor were sadly sentenced to life in prison for allegedly 
contaminating children with the AIDS virus.
  This successful outcome could not have been achieved without the 
diligent efforts of the state of Qatar; the European Union; and the 
President of the French Republic, Nicolas Sarkozy. I commend their 
efforts to reach a peaceful result with Libya. This is positive for the 
people of Libya and the people of Bulgaria. This is a crucial 
achievement of extraordinary advances for North Africa and Southeast 
Europe, who will be partners with America.
  As the co-Chair of the Congressional Bulgaria Caucus along with 
Congresswoman Tauscher of California, it is my privilege to work with 
Ambassador Elena Poptodorova. God bless the nurses of Bulgaria.
  In conclusion, God bless our troops, and we will never forget 
September the 11th and the terrorist attack on Glasgow Airport.

                          ____________________




  INTRODUCTION OF THE CHAMP ACT SHOULD RECEIVE BIPARTISAN SUPPORT IN 
                                 HOUSE

  (Ms. SOLIS asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. SOLIS. Mr. Speaker, yesterday House Democrats introduced 
legislation that will provide additional low-income children with 
health insurance coverage they need and deserve. The Children's Health 
and Medicare Protection, or CHAMP, Act would reauthorize an extremely 
effective State Children's Health Insurance Program, known to many as 
the SCHIP program, which will expire September 30 if Congress does not 
act.
  If SCHIP is allowed to expire, millions of our American children 
could lose their health insurance. In a letter issued last weekend, 
bipartisan Governors at the National Governors Association meeting 
called for urgent action to reauthorize SCHIP. They know, as do 
Democrats in Congress, that this program is vital for ensuring children 
in low-income families to have better access to health care. That is 
why passing the CHAMP Act is so important.
  Mr. Speaker, SCHIP was created almost 10 years ago by this Congress 
with bipartisan support and now enjoys the support of many Governors 
across the other aisle. I hope Republicans in this body will listen to 
their gubernatorial colleagues and join us in passing the new CHAMP 
Act.

                          ____________________




                   THE NEW STRATEGY; IRAQ IS WORKING

  (Mr. BRADY of Texas asked and was given permission to address the 
House for 1 minute.)
  Mr. BRADY of Texas. Mr. Speaker, traveling to Iraq this past weekend 
to see firsthand how the surge is working, I really expected the worst. 
Instead, I am very encouraged.
  Communities all across Iraq are turning against al Qaeda and working 
with Iraqi and coalition forces to take back their cities. Half of 
Baghdad is no longer safe for insurgents. Al Qaeda is not down and out 
but clearly back on its heels, rejected by the very communities and 
religious leaders it claims to fight for.
  Now make no mistake, there are still serious challenges, including 
high-profile bombings, the need for Iraq's Government to resolve key 
issues now, and Iran's continued support for terrorism. But I am 
convinced the new strategy is working, and we have impressive leaders 
and impressive troops in place to see even more progress.
  Mr. Speaker, while Congress has the right to debate this war, it has 
the responsibility to help win it as well. That means letting this new 
strategy work through the end of the year, or the beginning of the 
next, if we are truly serious about a stable Iraq and a safer America.

                          ____________________




                              {time}  1015
   INTRODUCTION OF THE CHILDREN'S HEALTH AND MEDICARE PROTECTION ACT

  (Ms. WATSON asked and was given permission to address the House for 1 
minute.)
  Ms. WATSON. Mr. Speaker, as you just heard, this week House Democrats 
unveiled the Children's Health and Medicare Protection Act, a bill that 
reauthorizes SCHIP, ensures millions of children receive the care they 
need, and protects Medicare for America's seniors.
  The introduction of the CHAMP program comes days after the National 
Governors Association, made up of both Democrats and Republicans, 
called for urgent action to reauthorize the SCHIP program. 
Unfortunately, while strengthening SCHIP has broad bipartisan support 
from our Nation's Governors and in the U.S. Senate, the Bush 
administration and some congressional Republicans oppose efforts to 
strengthen the program so it does not continuously run out of money. 
Instead, they are proposing to underfund

[[Page 20544]]

the program significantly, which would cause millions of children to 
lose coverage.
  Mr. Speaker, insuring America's children is an affordable goal. It 
costs less than $3.50 a day to cover a child through SCHIP.

                          ____________________




                  DANGER OF DEMOCRAT HEALTH CARE PLAN

  (Mr. PRICE of Georgia asked and was given permission to address the 
House for 1 minute.)
  Mr. PRICE of Georgia. Mr. Speaker, health care decisions are often 
the most personal and important decisions ever made, and those 
decisions should rightly be made by patients and doctors, not 
bureaucrats and insurance companies. So it's concerning that the 
Democrat leadership plan to move forward with a large expansion of 
Washington-controlled bureaucratic health care under the guise of 
providing care for children.
  The House Democrat plan would cost $50 to $80 billion, and include 
children whose families have an annual income up to $82,000, making 71 
percent of all children in America eligible for government-run 
socialized medicine, a level of income where 89 percent of children 
already have private health insurance. Why? Because these Washington 
politicians believe they can make better health care decisions for 
America's families. They don't trust patients, and they don't trust 
doctors.
  As a physician I know that the best medical decisions are made by 
patients and families. The positive solution is patient-centered health 
care, making insurance available to all patients and families. Let's 
put patients in charge, not Washington. That's what Americans want.

                          ____________________




 INTRODUCTION OF THE CHAMP ACT AND PROVIDING HEALTH CARE TO 5 MILLION 
                               MORE KIDS

  (Mr. BRALEY of Iowa asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. BRALEY of Iowa. Mr. Speaker, the State Children's Health 
Insurance Program, or SCHIP, is one of the most important and 
worthwhile programs in our government. It was created with broad 
bipartisan support by Congress in 1997, and provides critical health 
care benefits to children whose parents either cannot afford insurance, 
or hold jobs where health insurance benefits are not provided. Today, 6 
million children and low-income families have health care because of 
this SCHIP program.
  This week, Democrats in this body introduced legislation known as the 
CHAMP Act, which would reauthorize SCHIP, preventing it from expiring 
on September 30, leaving these 6 million children without access to 
health care.
  The CHAMP Act would also extend SCHIP coverage to 5 million 
additional uninsured American kids, and ensure that States have the 
tools to reach children who are eligible for the program, but are not 
enrolled.
  Mr. Speaker, I urge my colleagues to support the CHAMP Act. By 
passing it, we will reauthorize SCHIP to protect health care benefits 
for up to 6 million children currently receiving them, and provide it 
to an additional 5 million who desperately need it.

                          ____________________




                                  COPS

  (Mr. KELLER of Florida asked and was given permission to address the 
House for 1 minute.)
  Mr. KELLER of Florida. Mr. Speaker, I rise today to talk about the 
appropriation bill before us today. This legislation addresses the 
violent crime problem head on by investing $100 million into the COPS 
program to put more cops on the street.
  We need additional cops now more than ever. For example, in my 
hometown of Orlando, Florida, we experienced a 123 percent increase in 
the murder rate last year. Yesterday I received a letter from a 7-year-
old boy in Orlando. He writes, ``My name is Santiago Valera. I am a 7-
year-old boy. I live with my grandma. We live in Orlando, Florida. 
Every day bad people rob and kill good people. They even shot my Auntie 
Connie in her neck. I'm afraid to go outside and play. I don't want 
someone to kill my little brother or me or my grandma. Please help 
us.''
  To Santiago and all the other little boys and girls of central 
Florida, please know that we hear your concerns, and help is on the 
way.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Sires). The Chair will remind Members to 
refrain from trafficking the well while other Members are under 
recognition.

                          ____________________




                       NO PERMANENT BASES IN IRAQ

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Yesterday, the President of the United 
States went to South Carolina to address the United States military to 
convince them that the al Qaeda network in Iraq is part of the 
international network of al Qaeda. But as I rise to support the 
legislation that will appear on the floor today, No Permanent Bases in 
Iraq, I rise vigorously to support this important legislation, that I 
have co-sponsored.
  The National Intelligence Estimate has been very clear, and that is 
that al Qaeda has become stronger because of our military presence in 
Iraq. It's time now to make the statement and the decision, no 
permanent military bases of the United States in Iraq.
  Four thousand lives, almost, of our soldiers have been lost. They are 
our heroes. We claim they are our heroes. They've done their job. It is 
time now, Mr. President, to redeploy our soldiers in a safe manner and 
recognize the misdirected war in Iraq, political reconciliation is the 
answer.
  It is time now for the Iraqis and the Prime Minister to stand up, 
along with the sister states in the region, and establish the 
reconciliation goverment for Iraq. Please support No Permanent Bases in 
Iraq.

                          ____________________




                THE BIG THREE: MODEL CORPORATE CITIZENS

  (Mrs. MILLER of Michigan asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Mrs. MILLER of Michigan. Mr. Speaker, my friends on the other side of 
the aisle are often quick to criticize corporate America for everything 
from outsourcing jobs to poor health care and retirement benefits for 
their workers. However, we have some very responsible corporate 
citizens that we call the Big Three. And over the last century, the Big 
Three have been the leaders in providing health care benefits and 
retirement benefits as well for their workers. These efforts were 
actually crucial in building up the American middle class. GM, for 
example, spent $3.3 billion last year on health benefits for their 
432,000 retirees. In comparison, non-U.S. auto manufacturers spent 
roughly just $23 million for their 1,200 American workers and American 
retirees.
  And one would think that after decades of commitment the Big Three 
have shown to the American worker that that would earn them the 
admiration and the sympathy of the Democratic leadership. 
Unfortunately, that does not seem to be the case. The Democratic 
leadership that should be holding up the domestic auto industry as 
models of corporate responsibility are instead trying to ram through 
increased CAFE standards that will put U.S. auto workers in the 
unemployment line and likely bankrupt U.S auto companies.
  I urge my colleagues to reject these policies which will help our 
foreign competitors, and instead stand up for American jobs.

                          ____________________




           IOWA NATIONAL GUARD 1ST BATTALION, 133RD INFANTRY

  (Mr. LOEBSACK asked and was given permission to address the House for 
1 minute.)
  Mr. LOEBSACK. Mr. Speaker, I rise with great pride to welcome home 
the

[[Page 20545]]

Iowa Army National Guard's 1st Battalion, 133rd Infantry. The Ironman 
Battalion returns to Iowa today after a 22-month deployment in support 
of Operation Iraqi Freedom.
  While serving in al-Anbar province, the Ironman Battalion provided 
transportation security for more than one-third of the fuel used by 
coalition forces in Iraq.
  It is with a heavy heart that I note that the 133rd Infantry lost two 
soldiers. I would like to extend my deepest sympathy to their families 
and loved ones.
  Now that the 133rd has returned home, we must honor their service by 
providing for their health care and productive futures. Our commitment 
to these citizens must extend throughout their lives.
  On behalf of the Second District of Iowa, I thank the soldiers of the 
133rd Infantry for their service. It is with great pride and gratitude 
that we welcome them home today.

                          ____________________




  RECOGNIZING THE SERVICE OF SECRETARY NICHOLSON OF THE DEPARTMENT OF 
                            VETERANS AFFAIRS

  (Mr. STEARNS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. STEARNS. Mr. Speaker, last Tuesday, Secretary Jim Nicholson 
resigned from his position at the Department of Veterans Affairs.
  As a highly decorated combat veteran, his experience in the Army for 
over 22 years gave him insight into the needs of veterans. He has 
implemented many reforms since assuming the leadership of the VA in 
February 2005. He established electronic medical records for the nearly 
8 million people in the VA health care program. This enabled the 
successful transition of veterans from hospitals damaged by Hurricane 
Katrina and Rita.
  In addition, Mr. Nicholson improved care for veterans with brain 
injuries and post-traumatic stress disorder, mandating screening of all 
returning veterans for signs of PTSD, and adding mental health services 
at more than 100 medical centers.
  Secretary Nicholson also hired suicide prevention counselors at each 
of the VA's 153 facilities and established a 24-hour national suicide 
prevention hotline.
  I want to thank Secretary Nicholson for his commitment and 
leadership, and wish him well in his future endeavors. God bless him.

                          ____________________




               JAMES MADISON'S ``POLITICAL OBSERVATIONS''

  (Mr. HALL of New York asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. HALL of New York. Mr. Speaker, I would like to quote from James 
Madison, chief author of the Constitution, from remarks he wrote on 
April 20, 1795, which sound as though they could have been written 
today.
  ``Of all the enemies of true liberty, war is, perhaps, the most to be 
dreaded because it compromises and develops the germ of every other. 
War is the parent of armies; from these proceed debts and taxes. And 
armies and debts and taxes are the known instruments for bringing the 
many under the domination of the few.
  ``In war, too, the discretionary power of the executive is extended. 
Its influence in dealing out offices, honors and emoluments is 
multiplied; and all the means of seducing the minds are added to those 
of subduing the force of the people. This same malignant aspect in 
republicanism may be traced in the inequality of fortunes, and the 
opportunities of fraud, growing out of a state of war, and in the 
degeneracy of manner and of morals engendered in both. No nation can 
preserve its freedom in the midst of continual war. War is, in fact, 
the true nurse of executive aggrandizement.''

                          ____________________




                    COMMENDING COLLIN COUNTY SCHOOLS

  (Mr. SAM JOHNSON of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. SAM JOHNSON of Texas. Mr. Speaker, I rise today to congratulate 
the prestigious independent school districts in Collin County, Texas, 
for their sterling reputation and superior education.
  Forbes Magazine, long-time experts on all things money, recently 
ranked the public schools in Collin County as second in the entire 
Nation for the best education for your dollar. What a tremendous 
distinction.
  The students' overall average score was 1102 on the college entrance 
exam, and the schools boast a 92.2 percent graduation rate. This 
demonstrates that knowledgeable teachers, community pride, parental 
involvement and top-quality schools are all working together to achieve 
academic success.
  I want to personally commend the cities of Allen, Frisco, McKinney, 
Plano and Wylie and their independent school districts for this 
exceptional award and national recognition for what they do best, 
teaching our kids and making the future of Texas and the United States 
even brighter.
  Congratulations to all concerned.

                          ____________________




                  NO PERMANENT MILITARY BASES IN IRAQ

  (Mr. MORAN of Virginia asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. MORAN of Virginia. Mr. Speaker, our intelligence agencies have 
confirmed that al Qaeda is stronger in numbers and effectiveness than 
it has ever been. And that's because 5 years ago, when we had bin Laden 
cornered and crippled, we outsourced the job of capturing him. And then 
we diverted our focus and our resources to Iraq, which turned out to be 
his greatest dream realized because it gave him so many propaganda 
tools as a rallying cry and a recruiting tool. And that's just what 
happened.
  And now, when President Bush says that he envisions a military 
presence in Iraq similar to South Korea, well, we've been in South 
Korea for 50 years, this plays into their propaganda. We need to make 
clear there will be no permanent military bases in Iraq; that we are 
not there as occupiers, but rather as liberators.
  Let's start getting serious about winning this global war on 
terrorism. We can start today by passing the resolution declaring that 
the Congress is unequivocally opposed to permanent military bases in 
Iraq.

                          ____________________




                              {time}  1030
        SUPPORT FUNDING FOR COMMUNITY ORIENTED POLICING SERVICES

  (Mr. REICHERT asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. REICHERT. Mr. Speaker, I rise in strong support this morning of 
the funding levels included in the State and local law enforcement in 
H.R. 3093. This legislation reverses a dangerous downward trend in the 
Community Oriented Policing Services program, the COPS program.
  Specifically, it increases the COPS budget to $725 million, which is 
a $183 million increase over last year. It also includes $80 million in 
additional money for the Byrne grant system.
  I was the sheriff in Seattle up until 2\1/2\ years ago for the last 8 
years of my career. I was in law enforcement 33 years. As a sheriff, I 
used the Byrne Grant funds. I used the COPS money. We worked together 
with our communities. We worked together with business. We made our 
communities safe. It is a vital program, a useful program, a necessary 
program.
  Mr. Speaker, we cannot have freedom, we cannot feel safe in our 
neighborhoods until we know we are safe, until we know our law 
enforcement is there to protect us. The COPS grant does that.

                          ____________________




                             THE CHAMP ACT

  (Mr. PALLONE asked and was given permission to address the House for 
1 minute.)

[[Page 20546]]


  Mr. PALLONE. Mr. Speaker, yesterday, we introduced the CHAMP Act, an 
essential package that addresses the health care needs of our children 
and seniors while also meeting the needs of our doctors. I am 
particularly proud of our efforts to ensure that 11 million children 
receive the health care coverage they need to lead healthier lives.
  Today, we are at a crossroads on children's health. Studies show that 
if we ensure that children receive preventative health care in their 
formative years, they will lead healthier lives. But over the last 
year, the number of uninsured children has increased for the first time 
in a decade. That is why it is so important to strengthen SCHIP.
  This is not an expansion of the program. Today we are reaching 6 
million children. Under the CHAMP Act, we will reach an additional 5 
million children who are already eligible.
  Over the past 10 years, SCHIP has received strong bipartisan support 
because it serves as a lifeline to those most vulnerable among us, our 
children. It has always received strong bipartisan support. At a time 
when the number of uninsured is increasing, I would hope Republicans 
would join us in passing this legislation.

                          ____________________




   CONGRATULATIONS TO THE LONGEST MARRIED COUPLE IN THE UNITED STATES

  (Mrs. BACHMANN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. BACHMANN. Mr. Speaker, today it is an honor for me to 
congratulate the longest married couple in the United States, married 
for 82\1/2\ incredible years. They live in my district, Clarence and 
Mayme Vail of Hugo, Minnesota. They have six wonderful children, 39 
grandchildren, 101 great-grandchildren, and 40 great-great-
grandchildren. It is almost beyond belief.
  At 101 and 99 years of age, what is the Vails' secret to success? 
Clarence says ``Avoid debt, strive for simple, clean living, no public 
arguments, feed your faith, and accept your spouse as is.'' Then 
Clarence went on to say, ``Pick a good woman and let her lead the 
way.'' That is good advice from a humble Minnesotan.
  Congratulations, Clarence and Mayme Vail of Hugo, Minnesota, on 82\1/
2\ years of marriage; the longest married couple in the United States. 
Congratulations, lovebirds.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later today.

                          ____________________




LIMITING USE OF FUNDS TO ESTABLISH ANY MILITARY INSTALLATION OR BASE IN 
                                  IRAQ

  Mr. ACKERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2929) to limit the use of funds to establish any military 
installation or base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq or to exercise United 
States economic control of the oil resources of Iraq.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2929

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds the following:
       (1) On May 30, 2007, Tony Snow, the President's press 
     secretary, said that President Bush envisions a United States 
     military presence in Iraq ``as we have in South Korea'', 
     where American troops have been stationed for more than 50 
     years.
       (2) On June 1, 2007, Secretary of Defense Robert Gates 
     elaborated on the President's idea of a ``long and enduring 
     presence'' in Iraq, of which the ``Korea model'' is one 
     example.
       (3) These statements run counter to previous statements 
     issued by the President and other administration officials.
       (4) On April 13, 2004, the President said, ``As a proud and 
     independent people, Iraqis do not support an indefinite 
     occupation and neither does America.''.
       (5) On February 6, 2007, Secretary Robert Gates stated in 
     testimony before Congress, ``we certainly have no desire for 
     permanent bases in Iraq.''.
       (6) On February 16, 2006, Secretary of Defense Donald 
     Rumsfeld stated in testimony before Congress, ``We have no 
     desire to have our forces permanently in that country. We 
     have no plans or discussions underway to have permanent bases 
     in that country.''.
       (7) On March 24, 2006, the United States Ambassador to 
     Iraq, Zalmay Kahilzad stated that the United States has ``no 
     goal of establishing permanent bases in Iraq.''.
       (8) On October 25, 2006, the President stated, ``Any 
     decisions on permanency in Iraq will be made by the Iraqi 
     government.'', in response to a question whether the United 
     States wanted to maintain permanent military bases in Iraq.
       (9) On February 6, 2007, Secretary Gates said, ``We will 
     make that decision, sir'' in response to the question: ``Is 
     that still our policy, that we're going to be there [Iraq] as 
     long as the [Iraqi] government asks us to be there? . . . Is 
     our presence left up to the Iraqis or do we make the 
     decision?''.
       (10) The perception that the United States intends to 
     permanently occupy Iraq aids insurgent groups in recruiting 
     supporters and fuels violent activity.
       (11) A clear statement that the United States does not seek 
     a long-term or permanent presence in Iraq would send a strong 
     signal to the people of Iraq and the international community 
     that the United States fully supports the efforts of the 
     Iraqi people to exercise full national sovereignty, including 
     control over security and public safety.
       (12) The Iraq Study Group Report recommends: ``The 
     President should state that the United States does not seek 
     permanent military bases in Iraq. If the Iraqi government 
     were to request a temporary base or bases, then the United 
     States government could consider that request as it would in 
     the case of any other government.''; and ``The President 
     should restate that the United States does not seek to 
     control Iraq's oil.''.
       (13) The House of Representatives has passed 6 separate 
     bills prohibiting or expressing opposition to the 
     establishment of permanent military bases in Iraq including 
     three of which have been enacted into law by the President: 
     Public Law 109-289, Public Law 109-364, Public Law 110-28.

     SEC. 2. STATEMENT OF POLICY.

       It is the policy of the United States not to establish any 
     military installation or base for the purpose of providing 
     for the permanent stationing of United States Armed Forces in 
     Iraq and not to exercise United States control of the oil 
     resources of Iraq.

     SEC. 3. LIMITATION ON USE OF FUNDS.

       No funds made available by any Act of Congress shall be 
     obligated or expended for a purpose as follows:
       (1) to establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq; and
       (2) to exercise United States economic control of the oil 
     resources of Iraq.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Ackerman) and the gentlewoman from Florida (Ms. Ros-Lehtinen) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ACKERMAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 2929.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ACKERMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, there have been many justifications for why we went to 
war in Iraq. Take your pick: We invaded to capture Saddam's weapons of 
mass destruction, or we invaded to oppose a dictator and bring 
democracy and human equal rights to the Iraqi people, or we invaded to 
fight al Qaeda and prevent them from attacking us here.
  So many reasons have been offered that you can mix and match one from 
column A, two from column B.
  Whatever your favorite reason for invading Iraq, the one reason that 
was never offered was that we are invading Iraq to occupy their land, 
establish permanent bases and control their oil. Yet, among Iraqis, 
this perception is that the establishment of permanent bases is 
precisely why we invaded. The

[[Page 20547]]

insurgents use that perception to recruit fighters and incite attacks 
on our troops.
  The bill before us today, introduced by our colleagues, Barbara Lee 
and Tom Allen, along with Jim Moran and David Price, will help combat 
that perception. It states that it is the policy of the United States 
not to establish permanent bases in Iraq and not to control Iraq's oil 
resources.
  Mr. Speaker, this is not the first time that the House has spoken on 
the issue. Six separate times the House has passed legislation 
prohibiting or expressing opposition to the establishment of permanent 
military bases in Iraq. Three of those bills have been signed into law. 
Yet, from the President, we continue to get mixed messages.
  In May, the President's spokesman talked about a U.S. presence in 
Iraq that looked like our presence in South Korea. Last month, 
Secretary Gates suggested that the President was considering a long and 
enduring presence in Iraq.
  Whatever your position on the war, I don't think anyone here in this 
House believes that we should be in Iraq for over 50 years. In case 
anyone needed any further convincing that pursuing a long-term presence 
in Iraq is unwise, the Iraq Study Group was unequivocal on the point of 
permanent bases. ``The President should state that the United States 
does not seek permanent military bases in Iraq''. But instead of 
standing down when the Iraqis stand up, the President seems intent on 
putting down roots. It is the wrong policy yet again.
  The Lee-Allen bill will send an important message again that the 
United States has no interest in permanent bases.
  Mr. Speaker, I urge all of our colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as has been said, this legislation cites the fact that 
the House of Representatives has passed six, one, two, three, four, 
five, six separate bills prohibiting or expressing opposition to the 
establishment of permanent military bases in Iraq, including three, 
one, two, three, which have been enacted into law by the President.
  In fact, the language contained in H.R. 2929, which is before us 
today, is nearly identical to the language adopted under a Republican-
controlled Congress in section 1519 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007.
  This is the bill before us today. This is the law.
  The fiscal year 2007 bill states:
  ``No funds appropriated pursuant to an authorization of 
appropriations in this Act may be obligated or expended for a purpose 
as follows:
  (1) To establish any military installation or base for the purpose of 
providing for the permanent stationing of United States Armed Forces in 
Iraq.
  (2) To exercise United States economic control of the oil resources 
of Iraq.''
  That is law. That has been passed a couple of times. And now the bill 
before us this morning says this:
  ``No funds made available by any Act of Congress shall be obligated 
or expended for a purpose as follows:
  (1) to establish any military installation or base for the purpose of 
providing for the permanent stationing of United States Armed Forces in 
Iraq; and
  (2) to exercise United States economic control of the oil resources 
in Iraq.''
  Once, twice, three times. We can pass it again. But why are we here? 
Why are we spending valuable time, Mr. Speaker, debating an issue that 
the Congress on a bipartisan basis already has agreed to, once, twice, 
three times, four times, five times, six times? The majority's attempts 
to score political points on a range of issues, including particularly 
Iraq policy, has already paralyzed precious months of military planning 
and congressional business, including the 9/11 bill.
  It was only last night when the majority conferees finally agreed to 
incorporate into the 9/11 conference report critical language offered 
by the ranking member of the Homeland Security Committee, my good 
friend Mr. King of New York, which would provide immunity to passengers 
and commuters who report suspicious activities.
  In a post-9/11 world, Mr. Speaker, passenger vigilance is essential 
to our Nation's security. An alert citizenry is our first line of 
defense against those who may seek to do us harm.
  Yet, some of our colleagues, rather than supporting or encouraging 
such personal commitment and involvement from our citizens, would have 
preferred to leave them vulnerable to frivolous lawsuits and, instead, 
engage in debates on legislative items and policy already enacted into 
law and discussed once, twice, three times, four times, five times and 
six times.
  However, since we are having this ``Groundhog Day'' discussion, it is 
important to once again note that there are no permanent United States 
bases overseas. Rather, the scope and the duration of U.S. basing 
rights are determined by individual agreements and entered into with 
host governments throughout the world.
  It is also important to clarify that a policy position that does not 
support permanent bases in Iraq does not translate into either a 
prohibition against the American troop presence in Iraq, we could have 
that discussion on another bill, or a prohibition against the existence 
of any U.S. military installation in that country.
  But that is not what is before us today. The bill before us in its 
``findings'' section states that the Iraq Study Group Report recommends 
that ``the President should state that the United States does not seek 
permanent military bases in Iraq.''
  Correct.
  The bill also specifically highlights the other component of that 
recommendation, which says, ``If the Iraqi Government were to request a 
temporary base or bases, then the United States Government could 
consider that request as it would be in the case of any other 
government.''
  This legislation therefore accepts the prospect of a negotiated 
agreement for a future relationship with the Government of Iraq to, 
among other things, allow U.S. military and security forces to operate 
from U.S. installations within Iraq, including through a possible 
status of forces agreement that would define the legal status of U.S. 
personnel in Iraq and would define the rights and responsibilities 
between the United States and the Government of Iraq. Furthermore, this 
legislation before us today does not prohibit the United States from 
entering into the interoperability agreements that allow the United 
States and Iraq to share common infrastructure and bases.
  Mr. Speaker, I do not object to this legislation. We have supported 
it before and look forward to supporting it again.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 3 minutes to 
the gentlewoman from California (Ms. Lee), the chief sponsor of the 
resolution.
  Ms. LEE. Mr. Speaker, I want to thank the gentleman for yielding and 
for his leadership. Also, I would like to thank our Speaker, our 
leadership, Chairman Skelton, Chairman Lantos, Congresswoman Ileana 
Ros-Lehtinen and others for really bringing this critical measure to a 
vote today.
  What this legislation does is really simple. It does what the Iraq 
Study Group and other experts have recommended that we do. It makes a 
clear state of policy that the United States does not intend to 
maintain an open-ended military presence in Iraq and that we will not 
exercise control over Iraqi oil, and it backs up that policy with the 
power of the purse.

                              {time}  1045

  And the President and his administration to this date, and I mean to 
this date, have not made a clear statement of this policy. Putting 
Congress on record with this clear statement helps take the target off 
our troops' backs; it supports our goals of handing over responsibility 
for security and public safety to Iraqi forces.

[[Page 20548]]

  Mr. Speaker, the perception that the United States plans to maintain 
a permanent military presence in Iraq strengthens the insurgency and 
fuels the violence against our troops. That is why experts ranging from 
former adviser to the Coalition Provisional Authority Larry Diamond to 
the Iraq Study Group have called on the President to make a clear 
statement of policy that the United States does not intend to maintain 
permanent military bases or an open-ended military presence in Iraq.
  Unfortunately, the administration has refused to do that. In fact, 
there are conflicting accounts as to who will decide if we stay in Iraq 
permanently. When the President was asked that question at a press 
conference last October he said: ``Any decisions on permanency in Iraq 
will be made by the Iraqi Government.'' But when Secretary Gates was 
asked is our presence left up to the Iraqis, or do we make the decision 
in testimony before the Senate this February, Secretary Gates said, we 
will make this decision.
  More recently the administration has further muddied the waters by 
saying that they envision a United States military presence in Iraq 
similar to that we have in South Korea where American troops have been 
stationed for more than 50 years and won't be leaving anytime soon.
  We must soundly reject the vision of an open-ended occupation as bad 
policy which undermines the safety of our troops, and we must recognize 
it for what it is: Another recruiting posture for terrorists.
  To those who raise objections or want to suggest this is only a 
symbolic measure, or raise semantic questions about what a permanent 
base is, let me say this: This is a serious issue, and I think we 
should all recognize how much is at stake.
  The question is simple: Do we support an endless occupation, or do we 
oppose it? We may disagree on many things about Iraq, but I hope we can 
agree that an endless occupation is not the answer. Let's make that 
commitment today. Let's put the so-called Korea model to bed, and let's 
tell our young men and women that when they come home, they will all 
come home. Let's pass this legislation, and I want to thank 
Congresswomen Woolsey and Waters, and Congressmen Price and Allen for 
their support.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  If I could point out that the most recent reincarnation of this very 
same issue was passed earlier this year in this very House, and I would 
like to read verbatim what it said. I was proud to vote for it, and I 
will vote for it.
  Sec. 1222. Continuation of prohibition on establishment of permanent 
military installations in Iraq or United States control over oil 
resources of Iraq.
  Section 1519 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2444) is amended by 
inserting after ``this Act'' the following: ``or any other Act for any 
fiscal year''.
  Mr. Speaker, with that I am pleased to yield with great pleasure such 
time as he may consume to a great American, the ranking member of the 
Armed Services Committee, the gentleman from California (Mr. Hunter), 
who has also voted for this measure six times.
  Mr. HUNTER. Mr. Speaker, I want to thank the gentlelady for her 
leadership and also thank the author of this measure and simply point 
out that we have already passed this measure, and we did pass it on our 
defense bill last year.
  Very simply, no American troops are permanently stationed in 
countries around the world by virtue of the fact that we station them 
with the permission of the host country. The idea that we are going to 
insist or enforce, or unilaterally lodge American troops in Iraq is not 
something that is contemplated by anybody.
  I just say to the gentlelady that we may have a time in the future, 
and we have dozens and dozens of countries around the world which on a 
regular basis give us permission to move our troops across their land 
area. We may have a time in the future, for example, 5 or 10 years from 
now, when we have to have an early warning for a missile strike from 
Iran to Israel.
  I know that the gentlelady wouldn't object to American forces going 
in and establishing an early warning station so that we can save the 
lives of people living in Tel Aviv from a strike similar to the Scud 
strike that Saddam Hussein launched in the early 1990s at Israel.
  We may have a time when we have to project American forces for a 
contingency around the world, and when you do that, regardless of what 
country you are talking about of the dozens of countries that host us 
on a regular basis, you go through a protocol. You contact the country. 
You receive their official permission going through their government, 
and that describes the parameters of the American presence that will be 
there, how long it will be there, what the usage will be, whether it is 
an airfield or a radar station.
  But there could be a time, should Iran develop weapons of mass 
destruction or continue on this path to develop weapons of mass 
destruction and at some point attack a neighbor or prepare to attack a 
neighbor, and it could well be in the interest of the United States, 
for example, to have early warning capability should Iran want to make 
a strike on a country like Israel when that request will be made. And 
hopefully it would be responded to affirmatively by the free nation of 
Iraq.
  I support this legislation, and I will vote for it again, as I voted 
for it six times. But I would hope that Members would understand and 
realize that we use dozens and dozens of assets around the world which 
are all done permissively by the host nations.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 2 minutes to 
the distinguished coauthor of the resolution before us, the gentleman 
from Maine (Mr. Allen).
  Mr. ALLEN. I thank the gentleman for yielding.
  Mr. Speaker, I rise in strong support of H.R. 2929, the Lee-Allen 
bill to ban permanent bases in Iraq.
  Regardless of one's position on U.S. military operations, we can all 
agree on the need for the Iraqi Government to succeed. The perception 
that the United States plans a permanent presence in Iraq fuels the 
resentment against our troops and complicates the path towards 
political reconciliation in Iraq. Too many Iraqis believe that we 
intend to stay in their country indefinitely.
  A clear statement by Congress, not part of a larger bill, that we do 
not intend a long-term or permanent military presence in Iraq is 
necessary to send a strong signal to the Iraqi people and to the world. 
It supports our goal of handing over responsibility for security and 
public safety to Iraqi forces.
  Passage last year of prohibitions on permanent bases in Iraq based on 
legislation I wrote with the gentlewoman from California (Ms. Lee) 
marked perhaps the first time Congress legislated to change the 
direction of our Iraq policy. In total, three ``no permanent base'' 
provisions have been enacted. H.R. 2929 make these permanent. Twice the 
House has rejected amendments to weaken these provisions.
  Recent statements by administration officials, however, are 
troubling. The White House Press Secretary said recently the President 
envisions a United States military presence in Iraq ``as we have in 
South Korea,'' where American troops have been based for more than 50 
years. Secretary of Defense Robert Gates made similar comments.
  H.R. 2929 reaffirms that the United States has a clear and consistent 
policy against a permanent U.S. military presence in Iraq. I urge its 
adoption.
  Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, today we are sending a clear message that 
our commitment to the Iraqi people will be ongoing, but that our 
military presence will not be permanent. Over and over this Congress 
and the American people have clearly called for an end to the 
occupation in Iraq. We are calling for bold action, action to bring

[[Page 20549]]

our troops home and return Iraq to the Iraqi people.
  The actions of this administration have clearly put our troops in 
danger. Troops were sent in without adequate training, and even yet 
without appropriate equipment, and now our heroic soldiers are being 
returned to extended and repeated tours of duty. All of this is 
unacceptable, and now the administration says they want to leave the 
troops there for future Presidents to sort out the mess.
  We say ``no way.'' No more putting our troops in danger, and no 
permanent bases. Show the American people, show the Iraqis, show the 
international community we have no plans to occupy Iraq. Vote ``yes'' 
on the Lee amendment.
  Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
cosponsor of the resolution, the gentleman from North Carolina (Mr. 
Price).
  Mr. PRICE of North Carolina. Mr. Speaker, I rise as a sponsor of this 
important legislation to prohibit the establishment of permanent U.S. 
bases in Iraq.
  We have passed similar legislation before by a wide margin. The first 
time was a few weeks after I questioned General Abizaid in an 
appropriations hearing. He could not unequivocally disavow permanent 
bases, and so the House stepped in and asserted its prerogative on 
foreign policy by prohibiting permanent bases in Iraq.
  Now, my colleagues might understandably ask, why are we voting on 
this bill again today? The reason is that the Bush administration 
continues to stubbornly reject the will of Congress, of the Iraq Study 
Group, and of the American people.
  Defense Secretary Gates recently stated his goal of ``a long and 
enduring presence'' in Iraq. President Bush has stated his vision for a 
presence ``as we have in South Korea,'' where U.S. troops remain 50 
years after an armistice. That kind of rhetoric suggests that they have 
not yet gotten the message, and it seriously damages our cause.
  The Iraqi people and the American people need assurance that there is 
light at the end of the tunnel, that occupation is not a permanent 
state of affairs. So I urge my colleagues to support this legislation 
today, and to once again unequivocally state that the U.S. will not 
establish permanent bases in Iraq, because this administration and the 
world need to understand that America's misadventure in Iraq must and 
will come to an end.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
gentleman from Virginia (Mr. Moran), a cosponsor of the resolution.
  Mr. MORAN of Virginia. Mr. Speaker, I thank my good friend from New 
York.
  I wish those on the Republican side that are objecting to this 
resolution would ask the President what is it about the word ``no'' 
that you don't understand? How many times do we have to say that there 
will be no permanent military bases in Iraq?
  Sure, we have said it in legislation before, but as recently as last 
month the Secretary of Defense elaborated on the President's statement 
about envisioning a long and enduring military presence in Iraq similar 
to the Korean model. Well, imagine how that plays into the propaganda 
of our enemy. No wonder al Qaeda is gaining in strength and 
effectiveness. No wonder people are believing in what they are saying, 
because we are playing into their hands. They are saying we are there 
as occupiers of an oil-rich Arab country.
  We believe that we went there as liberators, those who supported the 
war. But gosh sakes, don't play into al Qaeda's strength. Take away 
this recruiting tool and this rallying cry.
  Let's pass this resolution today and say clearly and unequivocally: 
No permanent military bases in Iraq, period.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
gentlewoman from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise to strongly support H.R. 2929, a bill to prohibit 
permanent bases in Iraq, and I thank the gentlewoman from California 
(Ms. Lee) and the gentleman from Maine (Mr. Allen) for their persistent 
leadership on this important issue.
  The House passed the Responsible Redeployment from Iraq this month to 
get our troops out of Iraq by April. The question now is not whether we 
will redeploy our troops, but when and how.
  This resolution makes it emphatically clear to the Iraqi people and 
to President Bush that we do not intend to keep troops in Iraq 
indefinitely.

                              {time}  1100

  The United States must not be seen as an occupier. Otherwise, our 
presence there will be used to recruit insurgents, to keep Iraq 
entrenched in violence and to create an even more dangerous environment 
for our troops.
  This House, too, has already expressed its opposition to permanent 
bases, but today, we do it clearly with bipartisan support and send a 
very clear statement. I urge all of our colleagues to listen to the 
will of the American people, of the Iraqi people, and to support H.R. 
2929.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
distinguished gentlewoman from California (Ms. Watson).
  Ms. WATSON. Mr. Speaker, I rise in strong support of H.R. 2929.
  From the beginning of the President's invasion and occupation of 
Iraq, he has insisted that the United States has no intention of 
permanently occupying that country. I think there is no better way to 
reassure both our friends and our adversaries that the United States 
does not intend to become an imperial occupier of Iraq than to make 
clear that the U.S. will not build permanent military bases there.
  The American people are seeking clear assurance that their government 
has a plan for leaving Iraq. If the President fails to embrace this 
legislation, it would only confirm for many Americans that the 
President has no strategy for bringing our troops home and, in fact, 
intends to keep them there forever.
  I urge my colleagues to support this bill. I hope the President will 
listen to the American people and sign it into law.
  Mr. ACKERMAN. Mr. Speaker, it is now my pleasure to yield 3 minutes 
to the distinguished chairman of the Foreign Affairs Committee, the 
gentleman from California (Mr. Lantos).
  Mr. LANTOS. Mr. Speaker, I want to thank my friend for yielding.
  I want to thank my good friend and colleague from the Bay Area, 
Barbara Lee, for bringing this timely legislation before us today.
  The last thing Congress and the American people want in Iraq is to 
keep U.S. troops there permanently. We need a rational and reasonable 
exit strategy. Yet the administration has signaled that it intends, 
instead, to put down roots in Iraqi soil, soil that is already soaked 
with the blood of our soldiers and countless Iraqis.
  Mr. Speaker, enough is enough. Building huge military bases in Iraq 
to last the ages is not the answer. We want to bring our servicemen and 
servicewomen home to Nebraska and Idaho and California. Our legislation 
will prohibit spending funds to establish permanent military bases in 
Iraq, and I support it wholeheartedly.
  Let me be clear. This measure does not prohibit us from protecting 
our embassy and other vital interests and fighting terrorism. It only 
ensures that our troops do not put down permanent roots.
  The administration has drawn a parallel between our proposed, 
sustained presence in Iraq and the U.S. obligation to South Korea after 
the Korean War. Mr. Speaker, we have been in South Korea for more than 
54 years, and I hope we won't be as long as that in Iraq.
  The Korean peninsula for over half a century was vital to our 
security interests during the Cold War, but Iraq is not Korea. It is 
now beyond question that our national security is being harmed, not 
helped, by our continuing vast footprint in Iraq.
  As long as huge numbers of our forces are there, the Iraqi Government 
will limp along, failing to undertake

[[Page 20550]]

the far-reaching political and security changes desperately needed to 
promote lasting stability in that long-suffering country.
  And it will only anger the Iraqi people to promote the erroneous 
impression that our troops will be there permanently. In fact, a 
commitment not to establish permanent bases may facilitate an earlier, 
safer, more orderly exit, as it will reassure Iraqis that our intention 
is not to have a permanent presence in that country.
  I, therefore, strongly support this resolution to ensure that the 
administration heads in the right direction in Iraq.
  Mr. ACKERMAN. Mr. Speaker, I would respectfully request of the 
gentlewoman, the distinguished ranking member of the committee, if she 
would be kind enough to yield us 3 minutes of her time.
  Ms. ROS-LEHTINEN. Absolutely. I would love to yield you 3 minutes. We 
have two speakers, Mr. Poe, who is already here, and Mr. Rohrabacher. I 
just want to make sure that they would have enough time. But once 
they're done, I would be glad to yield you the time.
  Mr. ACKERMAN. Sure. Why don't you take that time now.
  Ms. ROS-LEHTINEN. Mr. Speaker, I'm pleased to yield such time as he 
may consume to my distinguished colleague from Texas, a member of our 
Foreign Affairs Committee, Judge Poe, who is very cognizant of Public 
Law 109-364, which already says that they will have no permanent 
military bases in Iraq.
  Mr. POE. Mr. Speaker, I want to thank the gentlelady from Florida for 
yielding me the time.
  There has been a consistent message that has been put forth by 
Congress that we are not interested in permanent bases in Iraq, but 
that should not diminish our need to have a presence there at this 
time. We must not jeopardize United States security interests. At issue 
here is the definition of the word ``permanent.'' No one can quite 
agree on what that really means.
  This bill is similar to one we passed earlier when we passed language 
in the supplemental on this topic. The point is, we do not intend to be 
in Iraq permanently. We are not interested in Iraqi oil.
  I do believe our military is stretched too thin throughout the world. 
We literally have a U.S. troop presence in almost every country on the 
globe, from military bases in Germany to Korea and other places in 
between. Some of those bases seem like they are permanent because we 
have been in those areas for so long. Our troops in those nations 
remain an issue of really another debate.
  The issue here is over permanent basing in Iraq. We should have 
installations or naval ships in an area where our troops can quickly 
deploy, and Iraq really should be no different. But we've never set out 
to occupy any nation. We are not an imperial Nation. We do not intend 
to violate the sovereignty of another nation by occupying it. This has 
always been United States policy. The United States came to liberate, 
not conquer, Iraq, and this is our policy.
  In a letter one of my colleagues addressed to Chairman Peter Pace, 
Chairman of the Joint Chiefs of Staff, General Pace was asked his 
thoughts on the need to have the U.S. enter into and retain the ability 
to enter into agreed military basing rights agreements with Iraq and in 
Iraq. In his response, General Pace stated it's the intention of the 
United States military to ``work closely with Iraq's sovereign 
government to decide the terms and what foreign military forces . . . 
will remain in Iraq.''
  Historically, basing rights agreements have been a necessary part of 
diplomatic relations with foreign governments, but they've always been 
agreed to by the United States and that other nation. These agreements 
outline guidelines and conditions for operating American military bases 
and troops worldwide.
  It is both common and responsible for the United States to enter into 
temporary basing agreements with other countries hosting our troops. 
This is being done in every country hosting United States troops, and 
the representative Government of Iraq should not really be an 
exception. And we should continue to work with them on temporary 
basing, but not permanent basing.
  We shouldn't somehow put Iraq in some type of different category than 
we have other allies in the world, but we should make it clear that our 
basing rights are only temporary. So, designating that we may have 
temporary basing rights is only logical in Iraq, but a permanent 
presence in Iraq is not desired. And it has been the statement of this 
Congress before.
  So I support this legislation.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield 1 minute to the 
distinguished gentlewoman from California (Ms. Harman).
  Ms. HARMAN. Mr. Speaker, I'm proud to be a cosponsor of this 
legislation and salute the bill's sponsor, Barbara Lee from California, 
as a courageous and clear voice in this Congress.
  It's interesting listening to this debate that there seems to be no 
disagreement about a resolution that will help build stability in Iraq, 
as others have said. It will make clear that the U.S. is not an 
occupying force, and it will deny al Qaeda a key recruiting tool.
  It is also clear that we are not prohibiting a U.S. presence in the 
region, even a U.S. temporary presence in Iraq. We have bases in other 
neighboring countries and the Middle East, and we will have an over-
the-horizon force.
  I'm really surprised that not only is the White House refusing to 
follow the law, but those senior White House officials with whom I've 
spoken numerous times about this issue all seem to agree we don't need 
a permanent military presence, and yet, stubbornly, they refuse to make 
clear that we won't have one.
  Pass this resolution. Let's do the right thing. Congress, as an 
article I body, needs to get this White House to follow the law.
  Ms. ROS-LEHTINEN. Mr. Speaker, I'm pleased to yield 3 minutes to the 
gentleman from California (Mr. Rohrabacher), the ranking member on the 
Subcommittee on International Operations.
  Mr. ROHRABACHER. Mr. Speaker, I rise in support of this resolution.
  Let me note, I have all along argued, and I think the people on our 
side of the aisle have argued, that we are not in Iraq in order to have 
permanent bases or any other such thing. American efforts in Iraq have 
been totally based on benevolent and noble motives, and I would hope 
that this is well-understood and appreciated by the people of Iraq 
themselves.
  The fact is that there is some confusion because, during the public 
debate on what American foreign policy should be, far too often we have 
heard in the hype of emotions the charges, even from people in this 
body, that America is being imperialistic. I mean, that word 
``imperialism'' has actually sprung up in several hearings that I've 
been at as a Member of Congress. That is an insult to American military 
personnel. We can honestly disagree about what's going on in Iraq 
without having to debase the people of the United States of America by 
claiming we're imperialists like the former empires in Russia and 
Germany, et cetera.
  No, I think we've been benevolent from the beginning. Our people 
wanted to come in, to liberate Iraq from a bloody tyrant who 
slaughtered hundreds of thousands of his own people. We came there to 
help the people of Iraq and hopefully establish a democratic 
government. Now, whether or not we succeed or not, I'm not sure. I 
would hope the majority of people in Iraq appreciate that, and today, 
we are reaffirming to them we are not there to have any permanent 
presence.
  I, in fact, will be proposing legislation this coming week which 
suggests, as a sense of the House, and I would ask the Speaker of the 
House to be aware of this, that we need to have a sense of the House 
resolution calling on the Iraqi Government to have a referendum of 
whether they want the American troops that are there today to begin an 
immediate withdrawal or whether they would like American troops to stay 
there until order has

[[Page 20551]]

been restored and order has been brought to the people of Iraq. I think 
that if the Iraqi people vote that we should have an immediate 
withdrawal, we should go. We should go. But if the people of Iraq 
decide they appreciate and want us to be there to help them fight off 
radical Islamists and others who would impose their brand of 
dictatorship on the people of Iraq, well, then, perhaps we should take 
into consideration that the Iraqi people want us there.
  So I will be proposing legislation later on in the week calling for 
this referendum, and in the meantime, let us reaffirm with this 
legislation that it had never been the intent of the United States of 
America to use Iraq as a permanent base for America's military presence 
in that region.
  I thank you very much for your leadership, Madam Speaker. Thank you 
for your leadership in this, and I appreciate you are an activist. 
Since I've been in this Congress, you have always been an activist, and 
we have been on the same side in that activism.
  Mr. ACKERMAN. Mr. Speaker, if the distinguished minority leader of 
the full committee is prepared to close, we have one final speaker.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, were we seen as occupiers in Haiti, in Bosnia? Do we 
not, as some have said on Iraq, have a sustained military presence in 
these countries? Did we not intervene in Haiti to restore democracy and 
remain to prevent the increased violence?
  In fact, as our distinguished Speaker, whom we'll be hearing from in 
just a few moments, when she argued for a sustained U.S. deployment in 
Bosnia, Speaker Pelosi said, Is the Bosnian mission without danger and 
risk? No. With strong leadership there are always risks. These risks 
have been minimized. They are risks for peace, risks for ending years 
of bloodshed, risks for freedom. We risk far more by failing to act.

                              {time}  1115

  We risk far more if we allow the tenuous peace to collapse and watch 
the flames of war ignite again. I agreed with Speaker Pelosi then when 
she said that on December 13 of 1995, and I agreed with her when she 
said on September 19 of 1994, when advocating for a sustained U.S. 
presence in Haiti, the Speaker said, setting a date certain for troop 
withdrawal will unnecessarily endanger both our troops on the ground 
and our efforts at promoting democracy in Haiti.
  I say that we have no less at stake here in Iraq. The bill before us, 
as we have said before, is a fine bill. We support what it seeks to do 
because, in fact, it is law. It is already United States law.
  We want to make sure that the Iraqi people have the same level of 
commitment that we have shown to other oppressed people throughout the 
world. We should not ignore the consequences of a rapid withdrawal from 
Iraq in a vitally important region of the world.
  But, like I have said, this is not the issue addressed in this bill. 
Some have remarked about the greater issue of Iraq in their discourse 
today. On the bill before us, it is already public law. We have passed 
it six times in the House. It has been law three times, and we have no 
objection to the bill becoming law a fourth time, a fifth time or a 
sixth time.
  With that, Mr. Speaker, I yield back the balance of our time.
  Mr. ACKERMAN. Mr. Speaker, it is my pleasure to yield the balance of 
our time to the distinguished gentlewoman from California, Speaker 
Pelosi.
  Ms. PELOSI. I want to thank the gentleman for yielding and to 
acknowledge the exceptional leadership of my colleagues from 
California, Congresswoman Barbara Lee and Congresswoman Lynn Woolsey, 
for their leadership on this issue, and Congresswoman Barbara Lee's 
authorship of this legislation. Congresswoman Barbara Lee, 
Congresswoman Lynn Woolsey, Congressman Tom Allen, Congressman David 
Price, Congresswoman Maxine Waters have all been important in the 
leadership of bringing this legislation to the floor and continuing our 
debate on the involvement in Iraq.
  The legislation is timely and a key part of our strategy for a new 
direction in Iraq. Thank you all.
  I am very pleased to join our distinguished colleagues on the 
minority in support of this legislation. Yes, I have had the privilege 
of working with Mr. Rohrabacher, with Ranking Member Ros-Lehtinen and 
others, Mr. Wolf and Mr. Smith, over the years on issues that relate to 
human rights throughout the world. I respect them for their leadership 
in so many arenas. It has been a privilege to work with them. I am so 
glad they are supporting this legislation today.
  Mr. Speaker, I think it's very important for us to measure any 
initiative in relationship to the war in Iraq against the backdrop of 
what does this do to contribute to a vision for stability in the Middle 
East, whether we are talking about no permanent bases, whether we are 
talking about redeploying our troops out of Iraq, a change of mission 
there, to leave troops only for specific limited purposes. This is what 
the generals have told us. General Odom, for one, has said any vision 
for stability in the Middle East must begin with the redeployment of 
troops out of Iraq. So, too, this issue today, no permanent bases.
  Yes, our colleagues are correct that this has been brought before the 
Congress before and has been passed into law, but the fact is that it 
may not have been heard adequately by the administration and certainly 
not by the people in the region.
  This legislation clearly signals that the United States does not seek 
a permanent military presence in Iraq. This action is necessary to 
clarify confusing and contradictory statements from the administration 
regarding our Nation's long-term strategic relationship with Iraq.
  In its final report, the bipartisan Iraq Study Group recommended that 
the United States clearly state that our Nation does not seek permanent 
military bases in Iraq or to control Iraq's oil. It did so to help 
shape ``a positive climate for . . . diplomatic efforts,'' which are 
essential to ending the U.S. presence in Iraq and bringing greater 
stability to the Middle East.
  While the administration has previously indicated it would not seek 
permanent bases in Iraq, recent statements raise contrary questions. 
Administration officials have remarked that the President envisioned a 
continued military presence in Iraq similar to our presence in Korea, 
where U.S. forces have been stationed for more than 50 years.
  The American people have made it clear in the election that they want 
a new direction in Iraq that brings the troops home. The Iraqi people 
and regional powers must also be reassured that the United States does 
not seek to exploit Iraq either by building permanent military 
facilities there or by exercising control over its oil. We can make 
that statement by passing this legislation overwhelmingly today as part 
of our strategy for a new direction in Iraq and for stability in the 
Middle East.
  The President's remarks in South Carolina yesterday were really 
saddening. Just when you think you have seen it all, just when you 
think you have heard it all, the President mentioned al Qaeda nearly 
100 times to justify his course of action in Iraq. Let us remove all 
doubt. This Congress, every single person here, is committed to fight 
the war on terror, but let us not misrepresent what the troops in Iraq 
are doing.
  Everyone who examines the situation with the knowledge says we do not 
belong in a civil war in Iraq. So, again, the President's statements 
give great cause for grave concern. They crystallized why the Congress 
must continue to pressure the administration to change course in Iraq. 
Yet again, President Bush mischaracterized the facts on the ground in 
Iraq and the latest intelligence on the real threat of international 
terrorism.
  Just yesterday news reports were that the administration plans a 
continued substantial troop presence in Iraq through the summer of 
2009; heaven knows, beyond then.

[[Page 20552]]

  As the latest National Intelligence Estimate reveals, the war in Iraq 
has not made America safer or turned the tide against terrorism. In 
fact, while we have been tied down in Iraq, al Qaeda has been 
regenerated, has regenerated its ability to attack the United States 
while enjoying safe haven in vital areas of our ally in the war on 
terrorism, Pakistan.
  The President's Iraq policy is unacceptable to the American people, 
and to Democrats in Congress, because it has allowed al Qaeda to regain 
its footing, reinforce its numbers, and refocus on another spectacular 
and deadly attack on the United States. That is why we must change 
direction in Iraq and do it now before it is too late.
  America cannot afford another 2 years of war in Iraq. We have already 
lost more than 3,600 brave Americans to this bloody conflict. There can 
be no discussion of the situation in Iraq without pausing to remember 
and acknowledge the sacrifice, the courage and the patriotism of our 
men and women in uniform and their families who have sacrificed so much 
for our country. We thank them, we honor them, and we think they 
deserve better than no plan for a redeployment of troops out of Iraq.
  We have lost 4 years that could have been spent bolstering Homeland 
Security, strengthening counterterrorism efforts, and focusing all of 
the resources at our disposal on combating the terrorist threat. 
Today's vote can again make clear to the President, and to the 
administration, to the American people, to the people in the Middle 
East, to the people in Iraq that the American people are opposed to a 
permanent military presence in Iraq.
  The American people are demanding a new direction. The Democratic 
Congress will go on record every day, if necessary, to register a 
judgment in opposition to the course of action that the President is 
taking in Iraq. The Democratic Congress will go on record every day, if 
necessary, to fight for a redeployment of our forces as a central 
element of a new direction strategy for Iraq.
  I urge my colleagues to vote in overwhelming numbers for this 
important legislation.
  Again, I thank our colleagues, Congresswoman Barbara Lee, 
Congresswoman Lynn Woolsey, Congressman Tom Allen, Congresswoman Maxine 
Waters, and Congressman David Price and all the others who played such 
an important role in bringing this legislation to the floor.
  Mr. BISHOP of New York. Mr. Speaker, I rise today in strong support 
of the H.R. 2929, which I voted for, and which overwhelmingly passed 
the House of Representatives. This common-sense legislation limits the 
use of funds to establish any military installation or base for the 
purpose of providing for the permanent stationing of United States 
Armed Forces in Iraq or to exercise United States economic control over 
the oil resources of Iraq.
  In December 2006, the bipartisan Iraq Study Group released its 
recommendations for U.S. policy in Iraq. Included in those 
recommendations were two important provisions--the first advises the 
President against seeking permanent military bases in Iraq and the 
second encourages the Iraqi Government to take control of their own oil 
resources.
  Accordingly, H.R. 2929 solidifies those recommendations and sends a 
very clear message to the Iraqi people that the United States is not an 
occupying force. The perception that the United States plans to keep a 
permanent military presence in Iraq and use its oil resources has only 
fueled the insurgency and violence against our troops. That has been 
exacerbated by President Bush's recent comments that our military 
presence in Iraq could extend 50 years into the future. In response, 
this legislation puts Congress on record opposing any permanent bases 
or attempts to control Iraq's oil revenues and helps take the target 
off our troops' backs.
  Mr. Speaker, I oppose this war. I believe it is long past time to 
bring our troops home and end our involvement in this civil war. 
Although our withdrawal from Iraq will not happen tomorrow, this 
legislation is one way we can help put an end to our involvement today.
  Mr. LARSON of Connecticut. Mr. Speaker, I would like to thank the 
distinguished Congresswoman from California, Barbara Lee for her work 
on H.R. 2929, which bans permanent military bases from being 
established in Iraq. She has long been a voice on ending the war in 
Iraq and I commend her and the work of Congresswoman Maxine Waters and 
Congresswoman Lynn Woolsey for their fortitude on this issue. I would 
also like to recognize Congressman Tom Allen and Congressman David 
Price for their commitment and contributions to the bill.
  In-line with the Iraq Study Group report, this bill would prohibit 
the establishment of permanent U.S. military bases. It would also 
prohibit the United States from exercising control over Iraqi oil 
resources. This bill signals a larger issue and bigger picture--our 
presence in Iraq is not permanent. Let it be clear to the Bush 
Administration and the Iraqi people that this Congress will not support 
an open-ended military occupation in Iraq.
  The American people have spoken. The American Congress has acted. If 
necessary, we will go on the record everyday until we bring the troops 
home--we owe it to them and their families. I am proud to support this 
bill and I urge my colleagues to join me.
  Mr. HOLT. Mr. Speaker, I rise in support of this bill.
  This week, the White House announced that it foresees American troops 
in Iraq into at least 2009, and the President has even gone so far as 
to suggest that our presence in Iraq may evolve to look like our 
presence in South Korea. We've had troops stationed in South Korea--on 
permanent bases--for over 50 years. This resolution says clearly to the 
President and the people of Iraq that we will not turn our temporary 
presence in Iraq into a permanent one. The Congress should take 
whatever additional measures are necessary to ensure that no funds are 
expended for the construction of permanent bases in that country, and 
to that end I urge my colleagues to vote for this measure.
  Ms. MATSUI. Mr. Speaker, I rise in support of this legislation--which 
I am proud to have co-sponsored--that commits our Nation to changing 
course in Iraq. This House, and the American people we represent, will 
not allow our involvement in Iraq's civil war to continue indefinitely.
  Today's bill makes it crystal clear that no permanent military bases 
will be built in Iraq. As such, it is proof that the new Congressional 
leadership is focused on ending this war. It is evidence of our 
dedication to the well-being and protection of our troops. And, above 
all else, it begins to implement a strategy to reassert our country's 
proper role in the world.
  For these reasons, this legislation deserves the unwavering support 
of each and every Member of this House.
  Mr. Speaker, we know that much of the strife taking place in Iraq has 
deep historical and cultural roots. As a result, any resolution to the 
conflict will be political in nature and not imposed through force. A 
central component of such a solution will require us to redeploy our 
troops from Iraq, and I am proud to have voted in favor of such a 
strategic shift along with a majority of the new Democratic Congress.
  Unfortunately, this rational way forward has been blocked by a 
President whose insistence on imposing a military solution has cost the 
lives of thousands of coalition forces and Iraqi civilians. The 
President's strategy is not working, Madam Speaker. And along with a 
majority of my colleagues, I will continue to vote to change it.
  Passing the bill before us today will help us accomplish this goal. 
It will send an unmistakable message to our Armed Forces that the 
American people will not abandon them to a faraway civil war. It will 
demonstrate to the rest of the world that the United States is not bent 
on occupying other sovereign nations. It will signal to the Iraqi 
people that they must assume responsibility for their own government. 
Finally, it will allow our military the time it needs to re-focus on 
emerging threats to our allies and to our Nation.
  Mr. Speaker, this bill validates what the American people have known 
for a long time: our presence in Iraq must end, for the good of our 
country and for the sake of those who have laid their lives on the line 
to fight for it.
  Ms. ESHOO. Mr. Speaker, I rise in support of this legislation which 
sets into law two very important and straightforward policies:
  (1) Congress shall provide no funding to support a permanent military 
presence in Iraq; and
  (2) Congress will not support any policy to exercise U.S. control of 
Iraq's oil reserves.
  These policies are important because they deliver a clear message to 
the Iraqi people that the U.S. presence is not open-ended, and that the 
resources of Iraq belong to the Iraqi people.
  Today, fully 80 percent of Iraqis believe the U.S. intends to remain 
indefinitely in their country. This fuels insurgent attacks against our 
troops and discourages Iraqi security forces from taking control of 
their communities.

[[Page 20553]]

  Terrorists use the claim that the U.S. ``occupation'' is a ploy to 
steal the region's oil, and with it its economic future.
  This bill helps to eliminate the deep suspicions which exist and they 
take an important step forward to change the direction of the Iraq war.
  I urge my colleagues to support the bill.
  Mrs. MALONEY of New York. Mr. Speaker, I rise today in support of 
H.R. 2929, a bill that would ensure that no permanent U.S. military 
bases are established in Iraq. As a cosponsor of this legislation, I 
believe that H.R. 2929 sends an important message to the Iraqi people 
that we respect their sovereignty. We can take the wind out of the 
sails of extremists and insurgents who benefit enormously from the 
Iraqi public perception that the United States intends to maintain 
permanent bases and troop presence within the nation.
  In December 2006 the bipartisan Iraq Study Group recommended that the 
United States clearly state that our Nation does not seek permanent 
bases in Iraq or to control Iraq's oil. We must speak out now to show 
the Iraqi people and the international community that we support full 
sovereignty for Iraq, entrusted to a functioning Iraqi government. 
Although this body previously has approved provisions banning permanent 
bases in Iraq, these provisions are due to expire on September 30, 
2007. H.R. 2929 would make this ban permanent.
  Congress has made clear that there should be no permanent U.S. bases 
in Iraq, despite the Administration's warnings for a prolonged military 
presence in Iraq. I urge my colleagues to support this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 2929, offered by my colleague Ms. Lee of California, of which I 
am proud to be a cosponsor.
  This important legislation declares that it is U.S. policy not to 
establish any military installation for providing for the permanent 
stationing of U.S. forces in Iraq. It is also not U.S. policy to 
exercise U.S. control over Iraqi oil resources. This legislation 
prohibits any funds appropriated by Congress from being used toward 
either of these ends.
  Mr. Speaker, we have already expended 3,500 American lives and $400 
billion in taxpayer dollars in Iraq. We have occupied the country for 
over 4 years. And our President continues to push a strategy devoid of 
clear direction and visible targets, while rejecting congressional 
calls to solidify an exit strategy.
  President Bush's ``New Way Forward'' strategy, announced in January, 
calls for the deployment of an additional 21,500 U.S. combat forces, to 
be used to stabilize Baghdad and the Anbar Province. This comes at a 
time when, according to an NBC News/Wall Street Journal Poll, 59 
percent of Americans believe we should be reducing the number of troops 
in Iraq.
  Last November, the American people clearly stated that they did not 
want to see an endless conflict in Iraq; they went to the polls and 
elected a new, Democratic Congress to lead our nation out of Iraq. I am 
proud to be a member of the Congressional class that listens and 
adheres to the will of the American people, as we did when both houses 
of Congress approved Iraq Supplemental bills that instituted a 
timetable for U.S. withdrawal. We need a new direction, because we owe 
our brave, fighting men and women so much more. Washington made a 
mistake in going to war. It is time for politicians to admit that 
mistake and fix it before any more lives are lost.
  Though much of Iraq's infrastructure now lies in ruins, the country 
still has an immense abundance of energy resources. In proven oil 
reserves, Iraq ranks behind only Saudi Arabia and Canada, though the 
exact extent of its reserves remains controversial. Most estimates are 
in the range of 115 billion barrels, with approximately 65 percent 
located in the southern fields, particularly the Rumalia fields.
  Iraq's energy sector is vital to the nation's political and economic 
future, with oil exports funding virtually all imports of basic goods, 
including food and medicine. Oil exports currently provide about 95 
percent of Iraq's foreign exchange earnings.
  Mr. Speaker, I would like to thank Congresswoman Lee for introducing 
this important legislation, and I strongly urge my colleagues to join 
me in supporting it.
  The SPEAKER pro tempore (Mr. Tierney). The question is on the motion 
offered by the gentleman from New York (Mr. Ackerman) that the House 
suspend the rules and pass the bill, H.R. 2929.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ACKERMAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




             SECOND HIGHER EDUCATION EXTENSION ACT of 2007

  Mr. HINOJOSA. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1868) to temporarily extend the programs under the 
Higher Education Act of 1965, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 1868

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Second Higher Education 
     Extension Act of 2007''.

     SEC. 2. EXTENSION OF PROGRAMS.

       Section 2(a) of the Higher Education Extension Act of 2005 
     (Public Law 109-81; 20 U.S.C. 1001 note) is amended by 
     striking ``July 31, 2007'' and inserting ``October 31, 
     2007''.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act, or in the Higher Education Extension 
     Act of 2005 as amended by this Act, shall be construed to 
     limit or otherwise alter the authorizations of appropriations 
     for, or the durations of, programs contained in the 
     amendments made by the Higher Education Reconciliation Act of 
     2005 (Public Law 109-171) to the provisions of the Higher 
     Education Act of 1965 and the Taxpayer-Teacher Protection Act 
     of 2004.

  The SPEAKER pro tempore (Mrs. Capps). Pursuant to the rule, the 
gentleman from Texas (Mr. Hinojosa) and the gentleman from New York 
(Mr. Kuhl) each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. HINOJOSA. Madam Speaker, I request 5 legislative days during 
which Members may insert materials relevant to S. 1868 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. HINOJOSA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in strong support of S. 1868, a bill to extend 
the Higher Education Act through October 31, 2007.
  This bill is very straightforward. It simply extends the current 
programs authorized under the Higher Education Act until October 31, 
2007, giving us the time to fully consider and complete the 
reauthorization before us in the 110th Congress.
  We are making progress. We have passed a historic investment in 
student financial aid in the College Cost Reduction Act. We have also 
laid the groundwork to reauthorize the other core higher education 
programs, including teacher preparation, developing and strengthening 
institutions, college readiness and outreach programs, including 
international education, graduate education and others. We put out a 
call for recommendations and received over 85 responses from 
individuals, organizations, and coalitions from across the Nation. We 
hear them loud and clear.
  I am looking forward to working with all of my colleagues in the 
House to produce a strong reauthorization of the Higher Education Act 
that will earn broad support.
  I would like to thank Congressman McKeon, ranking member of the full 
committee, and Congressman Ric Keller, ranking member of the 
Subcommittee on Higher Education, Lifelong Learning and 
Competitiveness, as well as our chairman, George Miller, for working 
together with me to expedite this extension.
  I respectfully urge all my colleagues to pass this legislation 
overwhelmingly.
  Madam Speaker, I reserve the balance of my time.
  Mr. KUHL of New York. Madam Speaker, for the last several years my 
colleagues on the Education and Labor Committee have worked to renew, 
and indeed improve, the Higher Education Act.

[[Page 20554]]

  Last Congress, we passed H.R. 609, the College Access and Opportunity 
Act, which made important reforms to the Pell Grant program, the 
Perkins loan program, and provided more accountability in the area of 
college costs. Unfortunately, the Senate was not able to act, and the 
legislation died.

                              {time}  1130

  This Congress, the House has passed the reforms to address some of 
the problems that have arisen in the student loan industry and has 
passed legislation that made changes to the mandatory spending programs 
under the Higher Education Act through the reconciliation process. As 
of yesterday, the Senate has passed both the reconciliation bill and 
the Higher Education Act reauthorization bill.
  The latest extension of the Higher Education Act expires on July 31, 
2007. Today, we are passing another extension through October 31, 2007. 
It is my hope that the House will soon renew the remaining Higher 
Education Act, but in the meantime Congress must once again act to 
extend this bill, which we have done so previously on several occasions 
with bipartisan support. So today I rise in support of legislation to 
do so once again.
  S. 1868, the second Higher Education Act of 2007, will ensure that 
vital Federal college access and student aid programs continue, I 
repeat continue, to serve those students who depend upon them. This 
legislation extends the Higher Education Act for a brief time, just 3 
months. At the same time, S. 1868 also gives Congress additional time 
to complete a review of the remaining higher education programs as 
well.
  Madam Speaker, I encourage my colleagues to support this bill before 
us today and work with us in the coming months to complete a 
fundamental reform package so that we can better serve the American 
students pursuing a college education.
  I yield back the balance of my time.
  Mr. HINOJOSA. Madam Speaker, I want to thank Congressman Kuhl from 
New York for his positive remarks on S. 1868, and together we are going 
to ask that our colleagues join us and pass this legislation 
overwhelmingly.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Hinojosa) that the House suspend the rules 
and pass the Senate bill, S. 1868.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




 PROVIDING FOR CONSIDERATION OF H.R. 3093, COMMERCE, JUSTICE, SCIENCE, 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

  Mr. ARCURI. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 562 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 562

       Resolved,  That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 3093) making appropriations for the 
     Departments of Commerce and Justice, and Science, and Related 
     Agencies for the fiscal year ending September 30, 2008, and 
     for other purposes. The first reading of the bill shall be 
     dispensed with. All points of order against consideration of 
     the bill are waived except those arising under clause 9 or 10 
     of rule XXI. General debate shall be confined to the bill and 
     shall not exceed one hour equally divided and controlled by 
     the chairman and ranking minority member of the Committee on 
     Appropriations. After general debate the bill shall be 
     considered for amendment under the five-minute rule. Points 
     of order against provisions in the bill for failure to comply 
     with clause 2 of rule XXI are waived. During consideration of 
     the bill for amendment, the Chairman of the Committee of the 
     Whole may accord priority in recognition on the basis of 
     whether the Member offering an amendment has caused it to be 
     printed in the portion of the Congressional Record designated 
     for that purpose in clause 8 of rule XVIII. Amendments so 
     printed shall be considered as read. When the committee rises 
     and reports the bill back to the House with a recommendation 
     that the bill do pass, the previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.
       Sec. 2. During consideration in the House of H.R. 3093 
     pursuant to this resolution, notwithstanding the operation of 
     the previous question, the Chair may postpone further 
     consideration of the bill to such time as may be designated 
     by the Speaker.
       Sec. 3. The chairman of the Committee on Appropriations is 
     authorized, on behalf of the Committee, to file a 
     supplemental report to accompany H.R. 3093.

  The SPEAKER pro tempore (Mr. Holden). The gentleman from New York 
(Mr. Arcuri) is recognized for 1 hour.
  Mr. ARCURI. For purpose of debate only, I yield the customary 30 
minutes to the gentleman from Washington (Mr. Hastings). All time 
yielded during consideration of the rule is for debate only.


                             General Leave

  Mr. ARCURI. I ask unanimous consent that all Members have 5 
legislative days within which to revise and extend their remarks and 
insert extraneous materials into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ARCURI. Mr. Speaker, I yield myself such time as I may consume.
  House Resolution 562 provides an open rule for consideration of H.R. 
3093, the Departments of Commerce, Justice, Science, and Related 
Agencies Appropriations Act of 2008.
  I want to thank the distinguished chairman of the committee and 
ranking member for reporting out a bill that not only does not pay lip 
service but makes critical investment in our Nation's communities.
  The bill provides $725 million for Community Oriented Policing 
Services, more commonly known as the COPS program, 25 percent above the 
current funding level. As a former prosecutor, I know how vitally 
important these programs are in assisting local law enforcement to hire 
and train law enforcement officers to participate in community 
policing, purchase and deploy new crime fighting technologies, and 
develop and test new and innovative policing strategies.
  The administration had proposed to modify the COPS program into a new 
discretionary grant program, but the committee has chosen instead to 
keep COPS as a separate dedicated grant program. This is a proven model 
for getting these grants to the communities that need them, and I 
applaud the committee for preserving this program.
  The bill includes $303 million for Economic Development 
Administration, the EDA. The EDA administers several economic 
development programs including public work grants for upgrading 
infrastructure, planning, and trade adjustment assistance for 
communities that bear the burden of jobs outsourced to other countries.
  Additionally, the legislation would direct the EDA to consider with 
favorable bias grant proposals which incorporate green technologies and 
strategies that would reduce energy consumption, reduce harmful gas 
emissions, and contribute to sustainability.
  The bill provides $50 million, 52 percent more than the current 
funding, for the Weed and Seed program. The Weed and Seed program helps 
localities develop programs to weed out and deter crime, and then take 
the all-important step that is so often left out of seeding the 
formerly high crime areas with programs to promote neighborhood 
revitalization. The funds will be used to carry out this mission in 
cities, such as my home in Utica, New York, and sponsor activities such 
as truancy prevention, conflict resolution, mentoring, and job training 
for at-risk youths.
  Additionally, the bill, this resolution, provides for consideration 
and includes $40 million for grants, technical assistance, and training 
to State and local governments to develop dedicated

[[Page 20555]]

drug courts that subject nonviolent offenders to an integrated mix of 
treatment, drug testing, incentives, and sanctions.
  As a DA, I quickly learned that no matter what initiatives law 
enforcement took to reduce the supply of drugs, it never really 
affected the demand for drugs which never seemed to diminish and, 
therefore, created a seemingly endless market for drug dealers. But 
when my office established the county's drug court program, I realized 
the powerful effect that the program had in helping enrolled 
participants get control of their addiction and thereby reducing their 
demand for drugs. The appropriation of $40 million for drug court 
provided by H.R. 3093 is $30 million more than the current level, and I 
congratulate the committee for increasing funds for this vital and 
proven weapon on the war on drugs.
  H.R. 3093 would also create incentives to fight illegal immigration. 
It would prohibit the Federal Government from using any of these funds 
on any entity that does not participate in the basic pilot program 
which allows employers to verify whether potential or current employees 
can legally work in the United States. This voluntary pilot program was 
created by the Illegal Immigration Reform and Responsibility Act of 
1996 and allows employers to verify employment status through an 
automated system linked to the Social Security Administration and 
Department of Homeland Security data bases.
  This legislation also includes $6.5 billion for the National Science 
Foundation. This level of funding will support the doubling of NSF's 
budget over the next 10 years, and represents a true commitment to 
investment in basic research and development, which will provide for 
innovation and future technologies. This commitment is an important 
part of the innovation agenda designed to maintain the United States' 
competitiveness.
  H.R. 3093 also includes over $17.6 billion for the National 
Aeronautics and Space Administration. NASA's unique mission is to 
pioneer the future in space exploration, scientific discovery, and 
aeronautics research; and this appropriation enables them to accomplish 
this mission by restoring some of the cuts made by the administration 
to science, aeronautics, and education portfolios at the agency. This 
recommendation also provides for the continued efforts of NASA's Moon-
Mars goals. The act calls on NASA to expand human knowledge, develop 
and operate advanced aeronautical and space-faring vehicles; encourage 
commercial use of space; coordinate with other U.S. agencies to 
maximize research results; cooperate with other nations in research and 
applications and to preserve U.S. preeminence in aeronautics and space.
  This bill also prohibits the use of funds by the FBI to issue 
National Security Letters in contravention of the statutes authorizing 
their use. National Security Letters enable the FBI to secretly review 
customer records of suspected foreign agents without judicial review. 
In March, the Department of Justice Inspector General reported that the 
FBI agents had in numerous cases misused National Security Letters 
without complying with either statutes or DOJ guidelines governing 
their use. This widespread abuse of secret investigatory powers 
undermines the very notions of liberty and freedom from tyranny upon 
which this Nation was founded. The prohibition on use of funds 
contained in H.R. 3093 will ensure that such abuse does not continue.
  Mr. Speaker, I have addressed only a handful of the important 
programs for which H.R. 3093 would appropriate funds. My remarks have 
focused on the criminal justice, NASA funding, and economic development 
aspects of the bill; but there are many other important areas addressed 
in this legislation. It provides funding for critical scientific 
research, including several programs which study global warming and 
climate change that the administration attempted to eliminate. The 
Appropriations Committee has approved a bill which would maintain the 
funding of this critical research, and I once again thank them for 
their work and welcome a chance to vote in favor of this legislation.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank the gentleman from New York (Mr. Arcuri) 
for yielding me the customary 30 minutes.
  Mr. Speaker, this Commerce, Justice, Science appropriations bill 
provides more than $53.5 billion in discretionary spending for fiscal 
year 2008, which is over 6 percent more than last year's enacted level.

                              {time}  1145

  While I support some of the increases in this bill that support our 
national priorities, such as counterterrorism and crime-fighting 
initiatives, I'm concerned that this bill falls in line with the spend 
now, tax later philosophy of the Democrat majority. This philosophy, as 
outlined in the Democrats' budget plan, puts each taxpayer on the path 
toward an average $3,000 increase in their Federal tax bill. This, once 
again, is another burden for the average taxpayer to bear.
  Rather than prioritizing spending and making the tough choices, this 
bill aims to solve our Nation's problems by simply spending more money. 
This also ignores real threats to our security that must be addressed.
  So, Mr. Speaker, one very serious problem that must be addressed 
before Congress adjourns next week, and that is changing current law so 
that our Intelligence Community has the tools it needs to monitor the 
telephone conversations of foreign terrorists physically located in 
foreign countries.
  Homeland Security Secretary Michael Chertoff earlier this month 
indicated that the United States remains vulnerable to another 
terrorist attack, and that recent chatter levels are near those levels 
prior to September 11, 2001. But because of our failure to respond to 
technological advances, current law ties the hands of our Intelligence 
Community since significant portions of our intelligence is being 
missed, intelligence that could prevent a future attack on our Nation.
  If we expect our Intelligence Community to do everything in their 
power under the law to protect our Nation against a future attack, then 
we must give them the resources and tools they need to stay ahead of 
those who wish to harm us.
  It is vital that we act immediately to modernize the Foreign 
Intelligence Surveillance Act in order to clarify that the United 
States no longer will be required to get a warrant to listen to 
terrorists who are not in the United States.
  Let me repeat that, Mr. Speaker. In order to clarify, change the law 
in order to clarify that the United States no longer will be required 
to get a warrant to listen to terrorists who are not in the United 
States. Each minute we wait to act, our Intelligence Community could be 
missing vital information, increasing our risk of another attack on 
U.S. soil.
  Therefore, Mr. Speaker, I will be asking my colleagues to defeat the 
previous question on the rule so that the Foreign Intelligence 
Surveillance Act can be immediately modernized.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ARCURI. Mr. Speaker, I thank my colleague from the Rules 
Committee, the gentleman from Washington (Mr. Hastings) for his 
comments, and I couldn't agree with him more. Clearly, the safety of 
our Nation from foreign enemies is critical, and it's something that 
needs to be a priority and is a priority with this Congress and prior 
Congresses.
  But one thing that I think is critical that we can never forget is 
safety doesn't begin at our borders. Safety is something that we need 
to recognize within our borders as well, and this bill takes great 
strides in terms of ensuring that our children are safe when they go to 
school. It puts more police officers on the street. It increases 
funding for the DNA database to help us locate rapists and criminals 
who have committed crimes and locate them and bring them to justice. It 
funds the drug court program, which is critical in terms of dealing 
with people who are addicted to drugs.

[[Page 20556]]

  This bill takes a balanced approach to law enforcement, takes a 
balanced approach to what this country needs to keep our citizens safe, 
both internally and externally as well. And I believe that it is a very 
good bill, and that we should support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield as much 
time as he may consume to the ranking member of the Rules Committee, 
Mr. Dreier from California.
  Mr. DREIER. Mr. Speaker, I thank my very good friend from Pasco for 
yielding to me. And I thank him for his management of this rule, as 
well as my new friend from New York (Mr. Arcuri).
  I have to say that I'm glad that there is bipartisan concern voiced 
about security, and I appreciate the remarks that my friend from New 
York has just made, Mr. Speaker, about the issue of ensuring that we 
provide security for our children and for anyone who possibly could 
face the challenge of being a victim of crime in this country.
  The fact of the matter is I am very, very supportive of the notion 
that Mr. Hastings is putting forward here that we need to do everything 
that we can to prevent those who want to, en masse, kill us, as 
Americans, from being able to do that.
  Now, it was 1978, Mr. Speaker, during the Cold War, that the Foreign 
Intelligence Surveillance Act was put into place. It was designed to 
deal with what today is very, very antiquated technology. I mean, I 
remember when we had this debate before about the notion of being able 
to follow one single telephone line that is out there. Well, when all 
we had were hard lines and one telephone line, courts would get a 
warrant to follow that one phone line because that's the only way 
people could communicate.
  Well, Mr. Speaker, we all know that the world, when it comes to 
telecommunications, certainly is a heck of a lot different than it was 
30 years ago, 29 years ago, 1978.
  And what is it that we're saying?
  Mr. Hastings is saying that, in recognition of the statements that 
were made most recently by the Secretary of Homeland Security Mr. 
Chertoff, that there is a higher level of chatter, and we need to do 
what we can to monitor it; coupled with statements made by the Director 
of National Intelligence, Director McConnell, who's made it very, very 
clear that we are today blind and deaf when it comes to the ability to 
monitor not people here in the United States, Mr. Speaker, we're 
talking about people who are foreigners and who are trying to do us in.
  And so Mr. Hastings is simply saying that what we need to do is 
defeat the previous question so that we can make in order a chance for 
us to deal with the issue of modernization of that three-decade-old 
Foreign Intelligence Surveillance Act which today hamstrings us when it 
comes to the need for us to try and prevent terrorists from killing 
Americans. It's just that simple. And that kind of modification, that 
kind of modernization, that kind of reform is absolutely essential if 
we're going to have the tools necessary to successfully prosecute the 
war on terror.
  And so I believe that every Member, Democrat and Republican alike, 
who's concerned about our need to ensure that people who are overseas 
and want to do us in, and that we cannot monitor, we should be able to 
do just that. And I think most thinking Americans believe that having 
the capability to monitor those in Iran, in Syria and in other 
countries who would want to do us in, that they should, in fact, be 
monitored, and we should get that information.
  Now, this bill itself does, as my friend from Pasco has said, have a 
number of good things in it. It has some very, very important items 
that will help us deal with the challenge of crime that exists in this 
country, and obviously it provides very important funding for a high 
priority that I have, and that is NASA funding. The jet propulsion 
laboratory in La Canada Flint Ridge, California, is a very important 
facility which has made great strides with its Mars program and a wide 
range of other programs that they're involved in.
  Mr. Speaker, this program also has funding for something that I 
believe is essential for us to realize, and it's on an issue that this 
place has debated time and time again, and it's one that we're still 
struggling over, and that is the issue of border security and the 
problem of illegal immigration.
  Now, Mr. Speaker, I'm going to be offering an amendment when this 
bill proceeds which will allow us to actually increase the funding for 
what is known as the State Criminal Alien Assistance Program, SCAAP.
  Now, one of the things we found, we put this program into place in 
the mid-1990s, and we found that State and local governments are, in 
fact, shouldering the responsibility, the financial burden, of the 
incarceration of people who are in this country illegally and commit 
crimes. In my county alone of Los Angeles, the cost is $150 million a 
year, according to my friend who's the sheriff of Los Angeles County. 
He's said that to me repeatedly; $150 million a year to incarcerate 
people who are in this country illegally and have perpetrated crimes 
against our citizenry.
  It's not the responsibility of the City of Los Angeles, the County of 
Los Angeles or the State of California to shoulder that financial 
burden. The protection of international borders lies with the Federal 
Government, Washington, D.C., and that's why we have the SCAAP program.
  We need to secure our borders. We need to take the responsibility for 
securing our borders. And because we have not done that yet, and I 
still am optimistic about our chance to do that, we need to make sure 
that we reimburse the States and counties and cities that are, in fact, 
responsible for the financial burden today of incarceration of those 
people who are in this country illegally and have perpetrated crimes 
against us.
  And so I will be offering that amendment. We'll be transferring 
monies, Mr. Speaker, out of the administrative expenses of the 
Department of Commerce and the Department of Justice, and I hope that 
we will be able to have strong bipartisan support.
  I will say I'm very proud that our California delegation has, in 
years past, come together, Republicans and Democrats, working together 
to increase the level of funding for the State Criminal Alien 
Assistance Program. Last year I was proud to have offered an amendment 
that had a $50 million increase for the SCAAP funding level that 
brought it to the $405 million level where it is today, and we had 
Democrats and Republicans joining in support of the amendment that I 
offered.
  I hope very much, Mr. Speaker, that once again this year we'll have 
Democrats and Republicans who will join in support of the amendment 
that I will be offering that will have that increase in the funding 
level for SCAAP, so that we will be able to say to State and local 
governments that you are not going to be totally responsible for 
shouldering that burden.
  So I thank my friend for yielding. I want to join, again, in urging a 
``no'' vote on the previous question so that we can make this very 
important amendment in order for FISA reform. And I hope that when we 
do get to consideration of the bill itself, that we'll have strong 
bipartisan support for the very important amendment that I'm going to 
be offering to increase funding for SCAAP.
  Mr. ARCURI. Mr. Speaker, I yield 1 minute to the gentleman from West 
Virginia, the chairman of the CJS subcommittee, Mr. Mollohan.
  Mr. MOLLOHAN. Mr. Speaker, I rise today in support of the rule for 
consideration of the fiscal year 2008 appropriations bill for the 
Departments of Commerce, Justice, Science and related agencies.
  I would first like to thank distinguished Chairwoman Slaughter, 
Ranking Member Dreier and the entire Rules Committee for this open 
rule.
  Mr. Speaker, we bring before you today a balanced appropriation bill 
that's responsive to Member input on both sides of the aisle and 
reflects the

[[Page 20557]]

legislative priorities of this Congress. This bill is creative in 
addressing problems that face our Nation, such as the rising crime 
rates that can only be addressed through additional law enforcement 
resources, the need for scientific research and discovery to inspire 
our youth and maintain our competitive edge in an increasingly 
competitive world economy, and the need for our country to understand 
and address the documented phenomena of global climate change.
  In this diverse bill we have gone to great lengths to address these 
and many other issues, and, Mr. Speaker, I think the House will be 
pleased with the result. And again, I urge support for this rule.
  Mr. ARCURI. Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield 4 
minutes to the gentleman from Texas (Mr. McCaul).
  Mr. McCAUL of Texas. Mr. Speaker, first I'd like to say, as a former 
Justice Department official who worked on national security, wiretaps 
or FISAs, I can think of no more important issues facing this country 
and this Congress than the modernization of the FISA statute. And I 
hope and I plead with my colleagues to support this measure.
  I rise today to bring to the House's attention an issue dealing with 
changes to NASA's account structure required by H.R. 3093 and the 
challenges this provision will impose on NASA.
  Title III of this bill increases the number of appropriations 
accounts that fund NASA from three to seven, and it requires conversion 
to this new structure in fiscal year 2008. Implementing this change 
will impose a tremendous burden on NASA's accounting system, at an 
unknown cost, and it's unclear what the net advantage of such a 
structural change, what that would be.

                              {time}  1200

  The current structure with three accounts coupled with customary 
congressional direction contained in the committee report language 
provides the agency unambiguous guidance regarding spending levels of 
the program, project, and in some cases at the activity level.
  Since 2001, NASA has been implementing a new software package to 
standardize its accounting and financial software across all 11 of its 
centers, and at the same time NASA has been putting in place a new 
means of allocating overhead costs. These efforts have not yet been 
completed, and to now direct the agency to reformat its basic 
accounting system is especially burdensome and complex. It may also 
force the agency to reevaluate the manner in which it calculates 
overhead rates.
  In a letter addressed to the House Appropriations leadership last 
month on the account structure change, NASA Administrator Mike Griffin 
stated that ``it would have a severe and extensive impact upon NASA's 
financial system'' and ``would make maintaining NASA's ability to 
execute in full cost exceedingly complex.''
  H.R. 3093 also directs NASA to implement the account structure change 
in 2008, a task that NASA says it simply cannot do in the time 
permitted.
  So I strongly urge the committee leadership to reflect carefully on 
the concerns raised by Administrator Griffin and to work with NASA in 
the weeks ahead to reach an agreement on a budget structure that allows 
for greater transparency without undermining NASA's current accounting 
system.
  I would like to thank the chairman and ranking member of the 
Appropriations Committee for their hard work and for the resources 
provided to NASA in this bill.
  Mr. ARCURI. Mr. Speaker, I yield 3 minutes to the gentleman from 
Vermont, my colleague from the Rules Committee (Mr. Welch).
  Mr. WELCH of Vermont. Mr. Speaker, I thank my colleague from New 
York, my colleague from Washington, and colleagues on the Rules 
Committee.
  Today, as you know, the House takes up the 10th of 12 appropriation 
measures, and this bill is all about continuing to make progress in 
America, in this Congress, in changing our domestic priorities. There 
are two points about this bill I want to address: first, law 
enforcement; second, science.
  Law enforcement in our communities is the front line of protecting 
our communities. It is best done locally. This legislation, bipartisan, 
by the way, reverses 5 years of cuts to local law enforcement grants at 
a time when we need it. Violent crime, unfortunately, is on the rise. 
This funds our local law enforcement communities to do the job of 
building and maintaining safe communities. It does soundly reject the 
administration's proposed cuts to undo funding formulas that have been 
particularly helpful with the small State minimum.
  The bill heavily invests in the safety and well-being of Americans, 
providing a total of $3.2 billion for State and local law enforcement 
efforts. $430 million will go to the Office on Violence Against Women. 
And, as you know, that strives to reduce the prevalence of violence 
committed against women. $100 million goes for the Cops on the Beat 
program, something that has been a major bipartisan success over the 
years.
  The second issue is science. I want specifically to applaud the 
subcommittee for its support of the sciences and the emerging 
multidisciplinary field of service science. That combines disciplines 
like computer science, operations research, industrial engineering, 
business strategy, and management sciences to meet the 21st century 
needs of the workforce. The National Science Foundation should review 
what is currently being done in the area of service science and explore 
what more can be done.
  The work of the NSF and the National Institute of Standards and 
Technology, NIST, is critical to fostering greater U.S. innovation and 
competitiveness in science, technology, engineering, and math. The 
investment in these agencies is an investment in that education and the 
development of the crucial multidisciplinary skills that are required 
to maintain our workforce and compete in the world economy.
  As much more of our economy is service-based, we must ensure that our 
science agencies are focused on both research and education that 
promote innovation in service sectors such as education, health care, 
energy, telecommunications, and finance. The growing service sector in 
my State of Vermont is probably typical. It provides some of our best-
paying jobs, nearly 80 percent of our employment. Last year we exported 
more than a half billion dollars in services, and 8,000 Vermonters were 
employed because of foreign investment in that sector.
  This bill's investment in service-related research and STEM education 
through the NSF and NIST will foster innovation.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 5 
minutes to the gentlewoman from New Mexico (Mrs. Wilson), who is a 
leader in this body on national security issues.
  Mrs. WILSON of New Mexico. Mr. Speaker, if the previous question is 
defeated today, we will offer an immediate amendment to reform the 
Foreign Intelligence Surveillance Act.
  The reform is very, very simple. It doesn't affect most programs, but 
all it does is say that you do not need a warrant to listen to foreign 
communications by foreigners who are in foreign countries. That is all 
it says. But it is critical that we make this change, and it is 
critical that we make this change immediately.
  I would say to my colleagues and to those Members of congressional 
staffs who are monitoring the proceedings on the floor here today, I 
have served in this Congress for 9 years. I served as a United States 
Air Force officer for 7 years and on the national security staff at the 
White House for 2. In my 9 years in the Congress, I have never been 
more concerned about Congress's failure to act than I am today.
  This is absolutely critical to the country to fix, and the only 
people that can fix it are Members of the United States Congress. We 
cannot work

[[Page 20558]]

around this law. We have to fix this law, and it is squarely in our 
laps to fix it.
  The leadership on both sides of the aisle and the Committee on 
Intelligence on both sides of the aisle have been briefed in detail 
about the problems our intelligence community is facing, that we have 
blinded them and forced them to stick their fingers in their ears 
because of anomalies in technology that have changed faster than we 
have been willing to change the law. And every one of us knows that it 
has already imperiled American lives. And yet this House sits here and 
does nothing, absolutely nothing, when we know that lives are at risk. 
We must allow our intelligence agencies to monitor terrorist 
communications without a warrant in the United States when they are 
listening to foreign communications.
  How the heck did we get ourselves in this place in the first place? 
In 1978, almost all long-haul communications were over the air, and for 
foreign intelligence collection, you didn't need a warrant; almost all 
short-haul communications, local calls, were over a wire, and you did.
  Now, because the technology has changed, the situation is completely 
reversed. Almost all local calls are over the air. There are 230 
million cell phones in this country. But that is not where the foreign 
intelligence is. Now almost all long-haul communications are over a 
wire, and we are forcing our intelligence agencies to go to judges to 
get probable cause on some terrorist who is overseas communicating with 
another terrorist overseas just because the point of the wiretap is in 
the United States. This is stupid and it is imperiling American lives.
  The danger is very serious. The Director of National Intelligence, 
Mr. McConnell, testified in front of the Senate Intelligence Committee 
recently that ``We are actually missing a significant portion of what 
we should be getting.''
  We all remember where we were the morning of 9/11. We remember whom 
we were with, what we were wearing, what we had for breakfast. But I 
wager nobody in this room remembers where they were when the British 
Government arrested 16 terrorists who were within 48 hours of walking 
onto airliners at Heathrow and blowing them up over the Atlantic. That 
happened a year ago in August. Within 48 hours, they were within 48 
hours, and the tragedy would have been greater than on 9/11. It didn't 
happen and you don't remember it because American, British, and 
Pakistani intelligence detected the plot before it was carried out.
  I have pleaded with my colleagues on the Intelligence Committee and 
with the leadership on both sides of the aisle in this House, and I 
pray to God that we will not need another 9/11 Commission after another 
national tragedy and they will be looking back and saying, Why didn't 
the Congress do something? They knew and they failed to act.
  Today you have an opportunity to insist that this body act because we 
do know we are failing to protect this country.
  I would urge my colleagues to defeat the previous question and to 
immediately consider amendments to the Foreign Intelligence 
Surveillance Act.
  Mr. ARCURI. Mr. Speaker, I certainly appreciate the gentlewoman's 
passion and concern. We are all very concerned for the safety of our 
country.
  But I think it is critical that we not forget the reason we are here 
today. We are here to debate a rule which is very concerned, which 
deals with a balanced approach to making our country safer 
domestically, to being concerned with putting more police officers on 
the street, for increasing funding for Drug Corps, for increasing 
funding for science and NASA. That is what we are here to do today. 
That is what we are here to debate, and I would strongly urge passage 
of this ruling.
  Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. 
Lampson).
  Mr. LAMPSON. Mr. Speaker, I thank the gentleman for yielding time to 
me this morning for this rule.
  I first want to thank the members of the committee and the 
subcommittee for their hard work on this very important bill, 
particularly including the part concerning NASA, which I want to speak 
about for just a minute. Chairman Obey and Chairman Mollohan have been 
tremendously dedicated to assisting me and making good things happen. I 
applaud them.
  Mr. Speaker, my district includes NASA's Johnson Space Center, the 
crown jewel of the Nation's space program. The Johnson Space Center 
serves as a key component of the southeast Texas economy, employing the 
best and brightest minds who serve as leaders in the sciences, 
education, business, and human space exploration, not to mention the 
important roles they and their families play in our local communities. 
I will aggressively champion the work and dedication of these 
hardworking Americans and the many benefits they bring to all of our 
districts and our country.
  Mr. Speaker, when we talk about fiscal responsibility and doing our 
best to practice good government, we must be mindful of programs that 
are important to fund, those that return more on the taxpayer dollar 
and are wise investments. And I can think of no better example than 
investing in our future and the future of NASA. Over the years, the 
math shows that every dollar invested in the space program is returned 
exponentially in the form of new products, new technologies, and new 
businesses. Relative to our entire Federal budget, NASA dollars' share 
comes to less than 1 percent, about six- or seven-tenths of a percent. 
By comparison, Americans spend over $45 billion a year on soft drinks.
  NASA research and technologies have provided law enforcement with 
advanced equipment to detect suspicious liquids and substances, 
protective gear for chemical analysis, safer oxygen tanks for 
firefighters, equipment to treat children's cancer, improved cardiac 
care techniques, advanced aircraft technology for safer commercial 
flights, satellite technology to improve our understanding of the 
Earth's climate, and more accurate weather forecasting to better 
protect us from natural disasters.
  So for less than one-third of our national soft drink budget, NASA 
pushes the boundaries of the final frontier, creating commerce, 
assisting with education, increasing our economic competitiveness, 
enhancing health care, monitoring climate change, building stronger 
bonds with our allies, and ensuring the survival of the human race.
  So, Mr. Speaker, I kindly ask my colleagues, take a good look at the 
myriad ways NASA has benefited our great Nation. For me and for many of 
the folks who work at NASA and on NASA matters on a day-to-day basis, 
this isn't a Republican or Democratic issue; it is a matter of keeping 
America at the top of the space race and continuing the unparalleled 
legacy of achievement that so many NASA employees and partners have 
achieved.

                              {time}  1215

  So I look forward to continuing to work with the committee members, 
the conferees and all my colleagues to increase NASA funding. I 
appreciate the work of the Rules Committee, and I ask all of our 
colleagues to support this rule.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance 
of my time.
  Let me talk about this process of defeating the previous question so 
we can take up the amendment regarding the FISA Act.
  This does not slow down the process at all. I want to repeat that, 
Mr. Speaker; this does not slow down the process at all. It simply 
makes in order, with the appropriate waivers, to discuss the amendment 
that was described by Mrs. Wilson from New Mexico.
  This is a very, very serious issue. It has been described by a number 
of people how important this is to our Intelligence Community. And by 
definition, it falls into the area of secure knowledge. But for those 
that are on the committees of jurisdiction, those that hear this on a 
regular basis, we need to act on it sooner than later. And we can act 
on it today without slowing down

[[Page 20559]]

the process whatsoever by defeating the previous question, voting 
``no'' on the previous question.
  I will be submitting an amendment that will be made in order, with 
the appropriate waivers, and we can debate the issue. It sounds to me, 
Mr. Speaker, that there is strong bipartisan support in order to 
achieve this end that has been described. We have the opportunity to do 
it now. We ought to do it before the August recess.
  And so, Mr. Speaker, I am asking my colleagues to vote ``no'' on the 
previous question. By defeating the previous question, we will give 
Members the ability to vote today on the merits of changing current law 
to ensure our Intelligence Community has the tools that they need to 
help protect our Nation from a potentially imminent terrorist attack.
  And with that, Mr. Speaker, I ask unanimous consent to insert the 
text of the amendment and extraneous material immediately prior to the 
vote on the previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time.
  Mr. ARCURI. Mr. Speaker, the Appropriations Committee has presented 
us with a bill that will provide funding agencies related to Commerce, 
Justice and Science for the fiscal year 2008.
  The bill contains a higher overall allocation than was requested by 
the President, but with very good reason. By all measures this bill 
will have a real, tangible impact on all Americans, improving their 
daily lives in many ways. It funds the Economic Development 
Administration, Weed & Seed program, prescription drug monitoring, 
National Oceanic and Atmospheric Administration, the National Science 
Foundation, NASA, the Census Bureau, the National Institute of 
Standards and Technology, the U.S. Patent and Trademark Office, and 
community-oriented police services.
  And I would just like to mention in that regard, from a personal 
perspective, in my community in which I live, there is a small police 
department, 20 officers; that as a result of the community-oriented 
police in New Hartford, New York, they were able to get three 
additional police officers, increase their technology significantly. 
That's a 15 percent increase in officers to that department. The COPS 
program makes our streets safer.
  The Drug Corps program is a phenomenal program that this bill will 
continue to fund. And I would urge any of my colleagues in Congress to 
someday sit through a Drug Corps graduation program. When they see 
that, and they see the testimonies of the people who have finished, and 
listen to their families talk about how devastating drug addiction has 
been to their family and how this program has helped them, they would 
strongly support this bill and strongly support the Drug Corps program.
  In short, H.R. 3093 provides critical funding for programs that keep 
our streets safe, our economy prosperous, and allows our scientists to 
continue studying global warming and climate change.
  Mr. Speaker, I strongly urge a vote of ``yes'' on the previous 
question and on the rule.
  The material previously referred to by Mr. Hastings of Washington is 
as follows:

     Amendment to H. Res. 562 Offered by Mr. Hastings of Washington

       At the end of the resolution insert the following:
       Sec. 4. Notwithstanding any other provision of this 
     resolution, it shall be in order to consider the amendment 
     printed in section 5 of this resolution if offered by 
     Representative Hoekstra of Michigan or his designee. All 
     points of order against consideration of the amendment 
     printed in section 5 are waived.
       Sec. 5. The amendment referred to in section 4 is as 
     follows:
       At the end of the bill (before the short title), insert the 
     following: Subsection (f) of section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is 
     amended to read as follows--
       `(f) `Electronic surveillance' means--
       `(1) the installation or use of an electronic, mechanical, 
     or other surveillance device for acquiring information by 
     intentionally directing surveillance at a particular known 
     person who is reasonably believed to be in the United States 
     under circumstances in which that person has a reasonable 
     expectation of privacy and a warrant would be required for 
     law enforcement purposes; or
       `(2) the intentional acquisition of the contents of any 
     communication under circumstances in which a person has a 
     reasonable expectation of privacy and a warrant would be 
     required for law enforcement purposes, if both the sender and 
     all intended recipients are reasonably believed to be located 
     within the United States.'.
                                  ____

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress.)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution ..... [and] has no substantive 
     legislative or policy implications whatsoever.'' But that is 
     not what they have always said. Listen to the definition of 
     the previous question used in the Floor Procedures Manual 
     published by the Rules Committee in the 109th Congress, (page 
     56). Here's how the Rules Committee described the rule using 
     information form Congressional Quarterly's ``American 
     Congressional Dictionary'': ``If the previous question is 
     defeated, control of debate shifts to the leading opposition 
     member (usually the minority Floor Manager) who then manages 
     an hour of debate and may offer a germane amendment to the 
     pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.

  Mr. ARCURI. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on 
ordering the previous question will be followed by 5-minute votes on 
adoption of the resolution (if ordered); and suspending the rules with 
respect to H.R. 2929; H. Res. 345; and H. Con. Res. 187.

[[Page 20560]]

  The vote was taken by electronic device, and there were--yeas 221, 
nays 195, not voting 15, as follows:

                             [Roll No. 716]

                               YEAS--221

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NAYS--195

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--15

     Baker
     Bishop (UT)
     Carson
     Clarke
     Cole (OK)
     Cubin
     Davis, Jo Ann
     Israel
     LaHood
     Marshall
     Melancon
     Murtha
     Stark
     Wamp
     Young (AK)

                              {time}  1243

  Mr. NEUGEBAUER, Mr. HELLER of Nevada and Mrs. MUSGRAVE changed their 
vote from ``yea'' to ``nay.''
  Messrs. MARKEY, BOUCHER and MATHESON changed their vote from ``nay'' 
to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the resolution.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




LIMITING USE OF FUNDS TO ESTABLISH ANY MILITARY INSTALLATION OR BASE IN 
                                  IRAQ

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 2929, on which the 
yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Ackerman) that the House suspend the rules 
and pass the bill, H.R. 2929.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 399, 
nays 24, not voting 9, as follows:

                             [Roll No. 717]

                               YEAS--399

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott

[[Page 20561]]


     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NAYS--24

     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Blackburn
     Brady (TX)
     Burgess
     Campbell (CA)
     Cannon
     Flake
     Franks (AZ)
     Gingrey
     Hastert
     Herger
     Inglis (SC)
     Jordan
     King (IA)
     Linder
     Miller (FL)
     Pearce
     Sali
     Shadegg
     Thornberry
     Turner

                             NOT VOTING--9

     Carson
     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Stark
     Wamp
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised 2 
minutes remain in this vote.

                              {time}  1252

  Mr. LAMBORN and Mr. MARCHANT changed their vote from ``nay'' to 
``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Mr. TURNER. Mr. Speaker, on rollcall No. 717, I am recorded as having 
noted ``no'', having intended to vote ``yes.''

                          ____________________




   COMMEMORATING THE 200TH ANNIVERSARY OF THE ARCHDIOCESE OF NEW YORK

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 345, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and agree to the resolution, H. Res. 345.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 423, 
nays 0, not voting 8, as follows:

                             [Roll No. 718]

                               YEAS--423

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                             NOT VOTING--8

     Carson
     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Wamp
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised 2 
minutes remain in this vote.

                              {time}  1258

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.

[[Page 20562]]

  A motion to reconsider was laid on the table.

                          ____________________




 EXPRESSING THE SENSE OF CONGRESS REGARDING THE DUMPING OF INDUSTRIAL 
                       WASTE INTO THE GREAT LAKES

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the concurrent resolution, H. 
Con. Res. 187, on which the yeas and nays were ordered.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and agree to the resolution, H. Con. Res. 187.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 387, 
nays 26, answered ``present'' 2, not voting 16, as follows:

                             [Roll No. 719]

                               YEAS--387

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NAYS--26

     Barton (TX)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Brady (TX)
     Burton (IN)
     Buyer
     Cannon
     Cantor
     Conaway
     Culberson
     Flake
     Foxx
     Franks (AZ)
     Hensarling
     Lamborn
     Lungren, Daniel E.
     Marchant
     Miller, Gary
     Pence
     Poe
     Royce
     Shadegg
     Simpson
     Souder

                        ANSWERED ``PRESENT''--2

       
     Gohmert
     Sali

                             NOT VOTING--16

       
     Abercrombie
     Brown-Waite, Ginny
     Carson
     Clarke
     Cubin
     Davis, Jo Ann
     Davis, Lincoln
     Diaz-Balart, L.
     Diaz-Balart, M.
     Hobson
     LaHood
     Marshall
     Peterson (PA)
     Sensenbrenner
     Wamp
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minute remaining in this vote.

                              {time}  1305

  Mrs. BLACKBURN changed her vote from ``yea'' to ``nay.''
  Mr. JOHNSON of Georgia changed his vote from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the concurrent resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




 MOTION TO GO TO CONFERENCE ON H.R. 1495, WATER RESOURCES DEVELOPMENT 
                              ACT OF 2007

  Mr. OBERSTAR. Mr. Speaker, pursuant to clause 1 of rule XXII and by 
direction of the Committee on Transportation and Infrastructure, I move 
to take from the Speaker's table the bill (H.R. 1495) to provide for 
the conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes, with a Senate amendment thereto, disagree to the Senate 
amendment, and agree to the conference asked by the Senate.
  The motion was agreed to.
  The SPEAKER pro tempore. Conferees will be appointed at a later time.

                          ____________________




                             GENERAL LEAVE

  Mr. MOLLOHAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 3093 and that I may include 
tabular material on the same.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.

                          ____________________




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2008

  The SPEAKER pro tempore. Pursuant to House Resolution 562 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 3093.

                              {time}  1306


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 3093) making appropriations for the Departments of Commerce and 
Justice, and

[[Page 20563]]

Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes, with Mr. Snyder in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from West Virginia (Mr. Mollohan) and the gentleman 
from New Jersey (Mr. Frelinghuysen) each will control 30 minutes.
  The Chair recognizes the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, today we're considering the fiscal year 
2008 appropriations bill for the Departments of Commerce, Justice, 
Science and Related Agencies.
  Before I get into the substance of the bill, Mr. Chairman, I want to 
thank my ranking member, Rodney Frelinghuysen, for his important 
contributions to this bill. He's done an outstanding job. He's been a 
terrific partner, and I respect and appreciate the expertise that he 
brings to our subcommittee. He has a strong commitment to our law 
enforcement agencies and grant programs for at-risk individuals. Mr. 
Chairman, he's demonstrated a real desire to make sure that the U.S. 
has adequate resources to negotiate fair trade agreements and the means 
to obtain an accurate census. I thank him for his assistance. I 
sincerely also want to thank his personal staff, Katie Hazlett and 
Nancy Fox, and minority staff, Frank Cushing and Mike Ringler, for 
their help during this whole process.
  Mr. Chairman, I also want to express my thanks to Chairman David Obey 
who has done an excellent job leading the Appropriations Committee 
through a hectic year that began with a continuing resolution.
  I also want to express my sincere gratitude to a tremendous 
subcommittee staff. This bill would not have been possible without the 
extreme hard work of Michelle Burkett, Meg Thompson, Marjorie Duske, 
Tracey LaTurner, Dennis Dauphin and Jennifer Eskra, who sacrificed long 
hours many days to complete this bill.
  I also appreciate the strong efforts and expertise of the full 
committee, including majority staff director Rob Nabors, John Daniel, 
David Reich, and Leslie Turner.
  Lastly, I want to recognize my personal staff for their hard work, 
Sally Moorhead and Julie Aaronson, who have done a tremendous job 
working on the bill as well.
  Now, Mr. Chairman, turning to the substance of the bill. Mr. 
Chairman, this bill totals $53.6 billion in spending and was formulated 
with input gathered from 24 hearings, including agencies that had not 
had a hearing since fiscal year 2005. We also heard expert testimony 
from outside witnesses regarding law enforcement needs, the importance 
of scientific research for our Nation's competitiveness, and the need 
for Federal investment in local and regional economic development.
  Through these hearings, we developed a fair and bipartisan 
appropriations bill that responds to legislative priorities supported 
on both sides of the aisle. Those priorities include both programmatic 
funding and congressionally directed spending for projects in 
individual districts. Pursuant to the strong rules put in place by the 
House and the full Appropriations Committee this year, designated 
funding has been cut in half from the fiscal year 2006 enacted level, 
and oversight has been increased by examining closely and carefully 
each earmark request and the accompanying certification letters.
  In several areas in the bill, Mr. Chairman, this subcommittee has 
eliminated earmarks and instead has created competitive accounts in 
which eligible entities may compete by submitting proposals to the 
agency for Federal funding. This process will increase transparency, 
spur innovative solutions, and allow programs nationwide to compete in 
the marketplace of ideas.
  Mr. Chairman, I'm particularly pleased that this subcommittee, which 
funds the major science agencies for the Federal Government, has taken 
on the issue of climate change. This bill funds $1.9 billion worth of 
climate change initiatives, an increase of $164 million above the 
President's request. Now that the scientific community has determined 
that global warming and the resulting climate changes are real 
phenomena, we must identify steps to be taken and strategies to be 
adopted in response to global climate change, and this bill does so by 
funding new programs in the Department of Commerce, in NASA, and in the 
National Science Foundation. Some of the climate change initiatives in 
this bill include:
  Funds to improve data collection associated with understanding global 
climate change, including restoring critically important sensors on the 
National Polar-orbiting Operating Environmental Satellite System, 
NPOESS;
  Second, funding increases for competitive climate research grants in 
NOAA's operating, research and facilities account;
  Third, two new education programs directed at climate change as 
recommended by the National Academies;
  Fourth, additional funds to the Marine Mammal Commission for 
monitoring mammal adaptation to climate change;
  And, finally, Mr. Chairman, $6 million in NOAA for an investigation 
and study by the National Academy of Sciences on climate change.
  This climate change study by the National Academy of Sciences will be 
a science-driven report examining the climate change data that has been 
collected in the last decade to provide the Federal Government, the 
business sector and other interested parties with an understanding of 
what we know and what we don't know about climate change and the 
options for how to proceed in the future. This landmark study process 
will begin with a 3-day climate change summit, at which top experts in 
the field will gather to determine the study's scope and topics. This 
subcommittee will take great efforts in this process to assure that 
agency agendas and politics do not get in the way of good science 
guidance to this country which it needs to move forward.
  Mr. Chairman, perhaps the most vital theme in this bill is law 
enforcement and protection for our communities. The job of funding the 
Department of Justice was made more challenging by funding holes in the 
President's inadequate budget request. In this bill, we increased 
funding for the Department of Justice above the President's request by 
$1.68 billion for a total funding for the Department of Justice of 
$23.9 billion.
  The President requested $1.475 billion for State and local law 
enforcement. Well, this was $1.4 billion below the fiscal year 2007 
enacted level, thus creating a huge hole in the bill.

                              {time}  1315

  The bill provides $3.195 billion for State and local law enforcement, 
and that is a 53 percent increase above the President's request and a 
10 percent increase above fiscal year 2007 levels.
  The President's request would eliminate the existing Office of 
Justice Program's formula program and discretionary grants, and create 
three vaguely defined initiatives to be administered under the sole 
discretion of the Attorney General. This bill rejects the 
administration's proposal and provides funds directly to State and 
local law enforcement.
  Other key funding increases in the Department of Justice include two 
new competitive grant programs. The first is the Youth Mentoring 
Grants, funded at $100 million. The second, a $10 million program, will 
provide competitive grants to programs of national significance to 
prevent crime and improve the administration of justice or assist 
victims of crime. This bill provides $725 million for the Community 
Oriented Policing Services programs, which played a vital major role in 
reducing crime in the 1990s.
  Within this total, $100 million is for restarting the COPS hiring 
program, which has not been funded since 2005. Many Members contacted 
the subcommittee and myself and the ranking member with regard to the 
COPS program. I am very pleased that we were able to restart this COPS 
hiring program, which was extremely effective in reducing that crime 
rate in the 1990s.

[[Page 20564]]

  This bill also offers comprehensive funding to help State and local 
law enforcement address the methamphetamine epidemic, including $600 
million in Justice Assistance Grants, $85 million for meth-specific 
COPS grants, $40 million for Drug Court programs, $10 million for State 
Prison Treatment Drug Programs, and $20.6 million for DEA Mobile 
Enforcement teams, which Mr. Frelinghuysen was so instrumental in 
advocating. The President proposed to terminate all of these programs.
  The bill also provides funding for Southwest Border Methamphetamine 
Enforcement. The bill increases funding for Violence Against Women Act, 
the VAWA programs, by $60 million for a total funding of $430 million, 
and rejects the President's proposal for VAWA's 14 grant programs. 
Tremendous interest among both the parties, Democrats, Republicans, for 
VAWA, and we are very pleased to bring a bill to the floor that can 
increase the violence against women programs by $60 million, I repeat, 
for a total of $430 million.
  Lastly, within the Department of Justice, the bill provides $25.4 
million and increases for several Federal law enforcement agencies to 
implement the Adam Walsh Act of 2006. Increased funding is provided in 
several accounts within the Department of Justice for the apprehension 
and prosecution of sex offenders. An increase of $14 million, for a 
total of $61.4 million, is also provided for the Missing Children 
programs.
  Mr. Chairman, the Department of Commerce recommendation is $7 
billion, a little over $7 billion, an increase of $497 million above 
the President's request.
  In the bill the committee restores funding for a number of programs 
that the President cut or eliminated, including the Advanced Technology 
Program, the Manufacturing Extension Program, and the Public 
Telecommunications Facilities Program.
  In the Census Bureau, funds were restored for the Survey of Income 
and Program Participation, an extremely important program with great 
interest among the body, and community partnership program has been 
restored as well. For the Economic Development Administration, an 
increase of $100 million was provided to reverse a recent downward 
trend in funding. The bill also rejects the President's proposal to 
consolidate the economic development programs into a single regional 
development account.
  Mr. Chairman, for the National Oceanic and Atmospheric 
Administration, the bill provides robust funding of almost $4 billion. 
The bill establishes competitive funding in the Coastal Estuarine and 
the Land Conservation Program and the Integrated Ocean Observing 
System, and also competitive funding in the education account.
  In support of the Innovation Agenda, the committee funds the National 
Institute of Standards and Technology at $831 million, an increase of 
$190 million above the President's request, and provides $6.5 billion 
to the National Science Foundation to continue the goal of doubling the 
National Science Foundation funding in 10 years.
  The bill also provides an increase of $72 million in National Science 
Foundation over the President's request for education programs.
  In NASA, the bill provides $17.6 billion, an increase of $313 million 
above the President's request. This funding restores the cuts made by 
the administration in science and aeronautics and the education 
portfolios, and provides the funding in a new account structure to 
improve transparency and understandability of NASA's submissions.
  We have tried in a small way to give NASA the increases that it needs 
where the President has been negligent. The President's budget request 
made an ambitious proposal in the Vision for Space Exploration for the 
United States to return to the moon and to eventually go to Mars; 
however, by all accounts, he did not fund his vision adequately. The 
most recent telling evidence of this shortfall is the fact that the 
President's proposal assumes the inability of the United States to 
access space for a gap of 4 years between when the space station 
retires and when the CEV launches on its first official flight, the 
crew exploration vehicle. This leaves the United States with no 
guaranteed source of transportation during that gap to the space 
station.
  I want to make clear to Members that the gap has nothing to do with 
the continuing resolution of last year. Full ownership of this gap 
resides with the President. His unfunded mandate of the vision, as well 
as the fact that NASA had to pay for return to flight after the 
Columbia accident out of its own hide, has resulted in NASA being 
forced to rob Peter, science and aeronautics, to pay for Paul, shuttle, 
space station and exploration. In the end there is not enough for 
either Peter or Paul.
  The President has to acknowledge his inadequate budget request in 
this area. We invite him to reinvigorate and legitimize the Vision for 
Space Exploration by asking for necessary funds for returning to the 
moon and for going to Mars eventually and for other key NASA missions 
through a budget amendment or through an adequate fiscal year 2009 
request. Otherwise, limited U.S. access to space and stagnation of key 
NASA programs will be, in this area, the President's legacy, the 
President's legacy in space.
  This bill makes positive changes in some of the smaller agencies. We 
have added $66 million above the President's request to the Legal 
Services Corporation for a total of $337 million. We have added $5 
million to the EEOC to reduce the backlog of pending cases, and 
included a provision to eliminate the outsourcing of the EEOC call 
center. We have restored funding for the National Veterans Business 
Development Corporation, which was zeroed out in the President's 
request, and we have provided additional funds to the Marine Mammal 
Commission for monitoring mammal adaptation to climate change.
  There are many worthwhile programs in this bill. This reviews the 
highlights of them, and this bill represents a responsible bipartisan 
approach to funding these priorities, and we are pleased to bring it to 
the body today.

[[Page 20565]]

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  Mr. Chairman, I reserve the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself such time as I may 
consume.
  I am pleased to join my chairman, the gentleman from West Virginia 
(Mr. Mollohan), in beginning the consideration of H.R. 3093, making 
appropriations for fiscal year 2008 for the Departments of Commerce and 
Justice, and Science, and Related Agencies. This bill provides funding 
for programs whose impact ranges from the safety of people in their 
homes and communities to the farthest reaches of space exploration.
  The bill before the House today addresses a number of critical 
national needs and requirements. The chairman has done an outstanding 
job in balancing many competing interests and has put together a solid 
bill in a fair and even-handed manner. I appreciate his openness and 
responsiveness, as well as his thorough understanding of each and every 
program in this bill.
  I would also like to thank all Members of the subcommittee for their 
help and assistance and their advocacy, and also the staff on both 
sides of the aisle who spent long, long hours in putting this bill and 
report together.
  On the minority side Mike Ringler and Frank Cushing, who have been 
mentioned; and Nancy Fox and Katie Hazlett of my personal staff; and on 
the majority side, Michelle Burkett, Marjorie Duske, Tracey LaTurner, 
Meg Thompson, Dennis Dauphin, Jennifer Eskra; and, as the chairman has 
noted, his great personal staff, Sally Moorhead and Julia Aaronsen.
  Mr. Chairman, the bill includes important increases to priority 
programs that all Members can support. Throughout our extensive hearing 
schedule, we heard about urgent funding requests, including the need to 
address a growing violent crime rate that has begun to rise again after 
many years of decline, and the need to boost our Nation's 
competitiveness through more investments in scientific research and 
science and math education.
  However, I also believe we could have met the most pressing needs by 
prioritizing within a lower allocation, the allocation giving this 
subcommittee $53.5 billion, which is $3.2 billion, or 6.4 percent, over 
2007; and $2.3 billion, or 4.5 percent, over the President's request. 
This very generous allocation allows everything to grow and is, I 
believe, more than sufficient to address the highest-priority needs in 
a satisfactory way.
  By comparison, the House passed a CJS bill with an allocation that 
exceeded the President's request by less than a quarter of 1 percent 
last year. That bill addressed critical priorities and passed 
overwhelmingly on the House floor.
  As others have stated about earlier bills, the size of the allocation 
this year may make it more difficult to produce a bill that will get 
signed into law, so I look forward to continuing to work together with 
the chairman towards that goal.
  I would also like to briefly highlight some of the more important 
contents of the bill. For the Department of Commerce, the bill includes 
$7.1 billion, including the full requested level for the critical 
functions of the National Weather Service, and important investments in 
NOAA's ocean and climate research.
  I appreciate the chairman has included funding in the bill to 
strongly support the trade agencies empowering the U.S. Trade 
Representative in the International Trade Administration to negotiate, 
verify and enforce trade agreements that are free and fair, and to 
ensure an even playing field for American businesses and workers.
  Requested increases for NIST under the President's American 
Competitiveness Initiative are fully funded, as is the Manufacturing 
Extension Partnership at $108.8 million.
  The bill also included $1.9 billion, or an 8\1/2\ percent increase, 
for the Patent and Trademark Office, and fully funds the request to 
support the ramp-up to the 2010 decennial census.
  On the Justice side for the Department of Justice, the bill includes 
$23.7 billion, $1.7 billion above the request. The bill restores $1.7 
billion to the administration proposed to reduce from State and local 
law enforcement accounts, including programs addressing violence 
against women, violent gangs, the meth epidemic, child exploitation and 
the continuing need for interoperable law enforcement communications.
  I am very pleased that the chairman agrees that we must insist on 
standards and best practices for the use of these types of grant funds. 
It is not acceptable simply to pass out money to local jurisdictions 
without stringent requirements to follow accepted standards and proven 
program models. I salute the chairman for including language 
specifically under the COPs law enforcement technologies to ensure that 
funds go towards equipment that meets all relevant Federal standards.
  Despite the sizeable increase in State and local law enforcement 
programs, many Members are concerned about the funding for SCAAP, the 
State Criminal Alien Assistance Program. An amendment to increase the 
funding to the current-year level was adopted at the committee level.

                              {time}  1330

  We may see further amendments to increase it even further. The costs 
incurred to incarcerate undocumented criminal aliens continue to be an 
enormous financial burden on our towns and cities. The SCAAP program 
provides important partial Federal reimbursement for costs relating to 
what is truly a national, not a local, problem, immigration 
enforcement.
  The bill also includes important investments to fight the national 
epidemic methamphetamine abuse: $600 million for Justice Assistance 
Grants which support local drug task forces, the Byrne Grants; $85 
million in grants to combat meth, that epidemic; $40 million for drug 
courts; and funding for the DEA to support State and local efforts and 
to fight international drug trafficking.
  The FBI is funded above the President's request, which is necessary 
in order to continue current staffing and operations levels while also 
funding urgent increases in counterterrorism programs. The 
Appropriations Committee has been at the forefront of the FBI's 
transformation into our Nation's premier counterterrorism agency, and I 
am pleased we are able to continue that support this year.
  Too often we fail to recognize the critical and often dangerous work 
that the FBI special agents and, may I say, also the DEA and AFT 
special agents do both at home and abroad in order to detect and 
prevent terrorist and other types of attacks. This is incredibly 
important work. This bill strongly supports those efforts while 
providing necessary funding for the FBI to fulfill its traditional 
roles and address emerging problems, such as child exploitation, the 
growth of violent gangs, and human trafficking.
  One area where I believe we should have done more in light of the 
generous allocation is in Federal law enforcement. In the joint 
resolution for 2007, the Congress provided more than $1 billion above 
the freeze to support current operations and urgent increases for 
Federal law enforcement. In many cases, these increases were not 
assumed in the formulation of the President's budget for 2008. So while 
most Federal law enforcement accounts are funded at least at the 
President's request in this bill, there still will be some negative 
consequences in the form of personnel reductions and hiring freezes at 
some agencies, including the DEA, the AFT, and the new National 
Security Division. The chairman has been very cooperative thus far in 
helping to lessen the impacts on the DEA, and I hope we can work 
together to improve funding for Federal law enforcement generally as 
the bill moves forward to conference.
  In addition, I am concerned that the Justice Department rescissions 
included in this bill may turn out to be based on unrealistic 
assumptions. The balances available could likely fall far short of the 
rescinded amounts, and I hope to continue to work with the chairman to 
avoid any harmful cuts.
  In the area of science, this bill also funds important initiatives in 
science and competitiveness. The capacity to innovate is the primary 
engine of our

[[Page 20571]]

economy and our way of life. In order to sustain it, we must increase 
our investment in basic scientific research and strengthen science 
education.
  This bill fully funds the President's competitive initiative, which 
includes a commitment to double the funding for basic scientific 
research over 10 years, and also to strengthen and encourage education 
and entrepreneurship.
  For the National Science Foundation, the bill provides $6.5 billion, 
or 10 percent, above the current year for research that will set the 
groundwork of the development of new technologies and science education 
programs that will continue to ensure that we have a well-educated and 
skilled workforce to improve our competitiveness.
  For NASA, the bill provides $17.6 billion. This level supports the 
President's vision for space exploration with the full request for the 
continuing development of the Crew Exploration Vehicle and the Crew 
Launch Vehicle, keeping to a minimum the gap in flight capability after 
the retirement of the shuttle.
  The bill also includes funding for the request for aeronautics 
research, space science programs, and NASA education programs.
  In closing, Mr. Chairman, despite concerns about the overall level of 
spending, this bill represents the chairman's best efforts to 
distribute the allocation he was given to the various competing 
requirements under our subcommittee's jurisdiction. I highly commend 
him for an outstanding job and will be urging all Members to support 
this bill.
  I reserve the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I yield such time as he might consume to 
the distinguished chairman of the full Appropriations Committee, Mr. 
Obey.
  Mr. OBEY. I thank the gentleman for the time.
  Let me simply say that I do appreciate very much the initiatives that 
are being taken by this subcommittee with respect to the climate change 
problem facing the globe. These are small initiatives; they are 
nonetheless important. They are not nearly sufficient to deal with the 
long-term problem, but we will have to mount a much greater effort on 
this front in the years to come.
  I would like to comment on what has happened with respect to local 
law enforcement assistance over the past 3 years. We have had a Kabuki 
dance going on for years between the White House and the Congress of 
the United States. Each year, the President proposes very deep cuts in 
the law enforcement assistance grants to localities, and each year the 
Congress only partially restores those cuts. It then pats itself on the 
back, says, ``Oh, what a good boy am I. Look how much we added to law 
enforcement,'' when, in fact, all they did is restore a small portion 
of the President's reductions. As a result, these programs, which were 
funded at the $4.4 billion level in fiscal 2001, are now funded at 
about $2.8 billion, $1.6 billion below the high watermark. That is ill-
advised, in my view.
  I appreciate the fact that this bill provides a substantial increase 
in that funding for local law enforcement, $1.7 billion, or 53 percent, 
above the President's request. I think that is essential.
  The committee also recognizes that State and local law enforcement 
benefits from the criminal investigation resources and capabilities of 
the Federal Bureau of Investigation, and so this bill provides $148 
million over the President's request for that purpose. I think that 
money is very badly needed.
  Having said that, I have to confess a significant degree of 
discomfort with the way the FBI has performed in recent years. As we 
know, investigations of the use of national security letters by the FBI 
have told us that the FBI issued approximately 8,500 of those in 2000. 
The March 2007 Senate investigation of the Justice Department's 
Inspector General puts that number now at over 143,000 NSLs issued 
between 2003 and 2005. The same investigation found serious FBI abuses 
of NSL regulations. And what is even more alarming is the report that 
the FBI's own lawyers counseled against the illegal use of emergency 
letters requesting telephone and Internet information, and still the 
practice continued for 2 years. This practice continued for 2 years, 
despite counsel's recommendation to cease, and Congress only found out 
about the situation upon public release of the IG report when the FBI's 
general counsel had been briefing special agents in charge on reversing 
the practice for 2 months prior to that.
  I am disconcerted by that fact, and I have talked to the director of 
the FBI about this on two occasions. I was pleased when he got the job 
in the first place, but I am not pleased with the way this has worked 
out. I would certainly hope that the agency would shape up so that it 
does not continue to be an embarrassment in terms of its declining to 
adhere to rule of law.
  With that said, I also am pleased that the Legal Service Corporation 
is funded at a level $66 million higher than the President's request. 
All I can say about that is that it is about time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3\1/2\ minutes 
to the gentleman from Florida (Mr. Weldon), an outstanding member of 
the committee.
  Mr. WELDON of Florida. I thank the gentleman for yielding, and I want 
to commend him and Chairman Mollohan for fully funding the exploration 
initiative. These are the funds that will allow us to continue to 
operate the shuttle and as well to continue to develop a replacement 
for the shuttle. And, importantly, that replacement, the Orion capsule, 
will be a safer and less expensive space vehicle, and so it is very 
important that we keep funding on track.
  I want to commend Chairman Mollohan for bringing up the important 
issue of the gap in human space flight. I would simply point out that 
when the President originally put forward this proposal, I shared 
Chairman Mollohan's criticism that this gap in human space flight is 
not good for America, and I am certainly anxious to work with the 
administration and with the committee to see if it will be possible for 
us in the years ahead to reduce that time where Americans will be 
relying on the Russians, essentially, to put our astronauts into space.
  While I certainly share the concerns raised by Ranking Member 
Frelinghuysen about the veto threat against this bill because of the 
excessive spending, I just want to go on record regarding the spending 
increase concerns raised by the administration in the aeronautics 
account.
  I am very concerned about our air traffic control system and its 
ability to handle the ever-increasing volume of commercial air traffic, 
and that we are falling behind on this critical investment of 
modernizing our air traffic control system.
  Additionally, I want to comment on the accounting changes in the NASA 
account that Chairman Mollohan has championed. While I agree that they 
represent perhaps a more elegant way for us to keep track of NASA 
funding, the 90-day time window he has provided NASA to implement this 
new initiative may not be physically feasible for the agency, and I am 
certainly hoping that he is willing to work with NASA officials in the 
years ahead.
  And then, finally, I just want to comment on two other important 
issues. One, I am very pleased that both the chairman and the ranking 
member are seeking to protect the census account. This is a very 
important account. It is probably one of the few constitutionally 
mandated responsibilities in this bill. I know that the census account 
is frequently used as a piggy bank by Members seeking to increase 
various sections of the bill, and I am pleased and I would want to 
continue to encourage both the chairman and the ranking member to 
protect the census account.
  Then finally, I want to comment on two amendments that I am offering 
in the bill. I have two amendments that deal with the issue of cities 
and municipalities that create sanctuaries for illegal aliens who 
basically say that we are not going to enforce Federal laws in our 
jurisdiction, and then they turn around and apply for grants in this 
bill to help them with the responsibility of

[[Page 20572]]

dealing with criminal illegal aliens. In my opinion, that is 
inappropriate, and if they want to have access to the money, they 
shouldn't be creating sanctuaries.
  I thank the gentleman for yielding.
  Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 3 minutes to a 
distinguished member of the subcommittee. We have a great subcommittee 
on both sides, Democrats and Republicans, who work extremely well, and 
every one of them brings a lot to the bill as we marked up, and Mr. 
Honda is certainly no exception.
  Mr. HONDA. Mr. Chairman, I rise in support of H.R. 3093.
  Mr. Chairman, this is my first year as a member of the CJS 
Subcommittee. It has been a great experience working under the 
leadership of Mr. Mollohan and Mr. Frelinghuysen, and I just want to 
indicate that it has been a good experience because it has been very 
bipartisan.
  I wanted to make a couple of comments about law enforcement. Between 
2001 and 2006, the funding for State and local law enforcement grants 
was cut 43 percent during the time when State and local law enforcement 
agencies have been expected to take on increased homeland security 
responsibilities. As a result, last year the FBI reported that violent 
crime has had its biggest increase in over a decade. This bill reverses 
that trend, making its biggest investment in restoring the State and 
local grants and funding for the FBI.
  The bill includes funding to restart the COPS hiring program to put 
more than 2,800 police officers on the streets to fight crime, and in 
my district it is critical to be able to address the gang activities 
out there.

                              {time}  1345

  I represent Silicon Valley, Mr. Chairman, and it's the home of 
technological innovation in America, so I'm keenly aware of how 
innovation is the driving force behind our Nation's economy, and that 
to keep our economic preeminence in the world, we need to stay on the 
cutting edge of science and technology.
  It's been mentioned before, our support for NSF and for NASA, and I 
support that, and I think that it's a good step in the right direction. 
And realigning how we budget NASA has made a critical difference, being 
that it's going from FTEs to mission-oriented budgeting. That's going 
to make a great big change.
  In the Department of Commerce, the National Institute of Standards 
and Technology, we see a funding increase that restores program cuts 
that would have been eliminated by the President that included ATP and 
the Manufacturing Extension Program. These are critical programs to 
continue to fund if we're going to maintain our edge.
  NOAA has been funded just over $4 billion, and since climate change 
is such a big issue, NOAA has a big role in that, and we need to 
continue to support that group.
  I'd like to thank, again, the leadership and this opportunity to be 
part of the committee.
  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
  Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 3 minutes to 
another distinguished member of the subcommittee, Mr. Ruppersberger.
  Mr. RUPPERSBERGER. Mr. Chairman, I rise in support of this very 
responsible funding bill. I commend the Chair and the ranking member 
for working together in a bipartisan way to come up with an outstanding 
bill.
  Mr. Chairman, you are a true leader, and I respect the way you've 
handled yourself throughout the process.
  In my former position as a Baltimore County Executive I was required 
to submit a $2 million operating budget each year, and I did so without 
raising taxes and without cutting vital public safety or economic 
development programs.
  I call this bill today our Law Enforcement and Investment Budget for 
America. This is where we fulfill our obligation to protect our 
citizens from crime. It is where we invest in our economy, our sciences 
and new technologies. This is where we keep America competitive in a 
global economy.
  I learned in my former position as county executive that if you 
neglect public safety, and you neglect public investment, the taxpayers 
end up paying a higher price down the road and get less for their 
money. They pay in more crime, a lagging economy and a higher price tag 
on new infrastructure.
  Some of my friends on the other side are proposing across-the-board 
cuts. Congress should never impose such cuts for two reasons. First, 
you cut the meat with the fat, the good programs with the bad. Second, 
as a leader, you fail in your duty to make tough choices and to provide 
vision and direction for our country.
  A proposed 1 percent cut would mean we can fund about 7,000 fewer 
bulletproof vests for cops in your police and sheriff departments.
  A proposed 6 percent cut means $12 million less for STOP grants to 
fight violence against women.
  For many years Congress has neglected the law enforcement budget in 
the CJS appropriations bill. We have underfunded law enforcement.
  As a former prosecutor, I was shocked this year when the 
administration proposed a hiring freeze for the DEA at a time when 
drugs are the scourge of so many of our communities. This bill corrects 
that.
  These are tough fiscal times, yet this is the first time in the 
history of our country that we have cut taxes while we are at war. We 
borrow from our children and countries like China, and then continue to 
spend and spend in Iraq. What kind of fiscal management is this? It 
leads to huge deficits, and it is fiscally irresponsible.
  This CJS bill reflects new priorities and new direction. Congress 
would never propose a 1 percent cut in the funding of our troops in 
Iraq. Congress should never have a 1 percent cut in funding for cops on 
the beat in our communities. It is time we stand up for our cops and 
first responders, just like we stand up for or troops.
  It is bad fiscal policy to have across-the-board cuts in the vital 
economic development programs of Commerce, Department and Census 
Bureau. Cuts in the census harm our local communities and leave us 
behind in the information economy.
  Mr. Chair, if we did not have this deficit we confront today, I would 
support even more funding for law enforcement.
  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
  Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 2 minutes to 
another distinguished member of the subcommittee, Ms. DeLauro.
  Ms. DeLAURO. Mr. Chairman, I rise today in support of this bill and 
want to commend the chairman and the staff for an excellent bill which 
signals a new direction and reflects our priorities as a Nation. The 
goal of this bill has always been to make a strong investment in our 
future, to take seriously our responsibility to the American public.
  I'm proud to see that this bill will provide $10 million to the 
Sexual Assault Service Program directly for rape crisis centers, State 
and territorial sexual assault coalitions and culturally specific 
programs and tribes.
  This is the only Federal funding stream dedicated entirely to 
providing direct services for victims of sexual violence. That is vital 
because, without a consistent and a specialized funding stream for 
direct services, rape crisis centers are stretched to the limit trying 
to meet increased demand for services with reduced government funding.
  We are finding other ways as well to strengthen services to victims 
of all domestic violence, dating violence, sexual assault and stalking, 
by significantly boosting funds for the Office of Violence Against 
Women, $430 million, or $60 million above the President's request.
  We know these programs are both necessary and effective. Since the 
Violence Against Women Act was first passed in 1994, reports of 
domestic violence have decreased by half. But as long as domestic 
violence continues, we must continue fighting to ensure women have the 
tools to fight back.
  The bill also works to strengthen local law enforcement $3.2 billion 
to protect our communities and our quality of life, including COPS 
grants to

[[Page 20573]]

put 2,800 new police officers on the streets, drug courts, Byrne grants 
for local crime prevention programs, and a competitive youth mentoring 
grants program to prevent juvenile delinquency.
  Mr. Chairman, this bill reflects a commitment to our longstanding 
responsibilities and true fiscal responsibility. Together we can meet 
our obligations as a Congress and a Nation to the American people.
  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
  Mr. MOLLOHAN. Mr. Chairman, I yield the remaining time to another 
distinguished member of the subcommittee, Mr. Kennedy.
  The CHAIRMAN. The gentleman from Rhode Island is recognized for 2 
minutes.
  Mr. KENNEDY. Mr. Chairman, let me just commend both the chairman and 
the ranking member for producing a bill which certainly goes a long 
ways to meeting the needs of our country in a number of areas.
  But let me particularly point out an area that concerns me a great 
deal, and that's the area where I think there's a large indictment on 
our country; that's the area of the fact that this country has more 
people incarcerated in its jail system per capita than any other 
industrialized Nation on the Earth. More people in jail in our country 
than any other free Nation on the Earth.
  My friends, that is an indictment on us as a Nation, that we can't do 
better. This bill invests more in preventing people getting in jail.
  We add over $80 million to the Juvenile Justice Delinquency Act, 
section 5, title 5, which is prevention dollars. We have decreased that 
money over $280 million over the last 5 years, under the previous 
Congress. This year, under this bill, we increase it by $50 million, 
add another $30 million to the JBAG program, which is the gang 
prevention section of the Juvenile Justice act. We add $10 million to 
the Mentally Ill Offender Program, which helps us to put more money 
into identifying mentally ill offenders at the time of their offense, 
helping them to divert them from having to go into jail, and properly 
treating them, rather than accepting them into prison. And we quadruple 
the amount of dollars that are going into drug courts, the best-known 
source of reducing recidivism that we have in this country.
  If you want to have a war on drugs, the best war on drugs is to treat 
people for their addictions rather than to put them in jail, and this 
bill goes a long ways in doing just that.
  I want to commend the chairman for his work on this matter.
  Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to 
Mr. Gilchrest from Maryland, a strong voice for the Chesapeake.
  Mr. GILCHREST. Mr. Chairman, I want to stand and thank Mr. Mollohan 
and Mr. Frelinghuysen for bringing forward this comprehensive piece of 
legislation. And in particular, I want to thank both of these men for 
recognizing the work of the Ocean Commission and the Pew Oceans 
Commission in understanding the world's oceans.
  There's $4 billion to NOAA in this legislation, $4 billion. To some 
folks it might sound like a lot of money, but that is actually a very 
small sum. We appreciate that sum, but it's a small sum considering 
what's at stake.
  Three-fourths of the world's surface is covered by oceans. It governs 
our everyday weather. It governs the climate. It is the source of air 
we breathe. It is the source of food for much of the world's 
population. Coastal communities, the economy, literally of all our 
coastal communities are dependent upon the health of the oceans. Our 
national security is dependent on understanding the nature and changes 
of our world's oceans. Literally, life on this planet is dependent upon 
our knowledge of the world's oceans. And this $4 billion given to NOAA 
will be to do more research to understand more effects and to implement 
better policies dealing with the pervasive dead zones; red tides; coral 
reefs, which is a predominant area where fish spawn; fish habitats; the 
acidification of the world's oceans as a result of CO2.
  Now, the acidification of the world's oceans, that's what happened to 
the northeastern forest as a result of acid rain from sulfur dioxide 
from power plants. The same thing as a result of global warming is 
having an effect to the world's oceans. Because of human activities and 
its degrading effect, now with climate change, NOAA needs the dollars 
and the tools to make the oceans resilient.
  I urge an ``aye'' vote on the legislation.
  Mr. CONYERS. Mr. Chairman, the problem of animal fighting has been in 
the news a lot lately, with the recent indictment of quarterback 
Michael Vick, who is alleged to have been involved in a major 
dogfighting ring. As we are debating the bill that provides funding for 
the Department of Justice, I wanted to express my hope that the 
Department will devote the needed resources to bring an end to this 
vicious so-called ``sport.'' It's cruel and barbaric, and often 
associated with other crimes. I commend the Department for its ongoing 
work to determine the truth of the allegations in the Vick case, and 
urge that it continues to expand its efforts to crack down on animal 
fighting across the country. I also wanted to note that the DOJ's Safe 
Streets Task Force could play a key role in increasing law enforcement 
action against dogfighting.
  Sadly, animal fighting occurs in all corners of our country, 
impacting hundreds of thousands of animals every year, and also our 
communities. Indeed, it is estimated that there are more than 40,000 
professional dogfighters nationwide and 10 underground dogfighting 
magazines. Cockfighting is also a multi-million dollar nationwide 
industry.
  I'm pleased that this Congress took action against animal fighting 
earlier this year when we passed the Federal Animal Fighting 
Prohibition Enforcement Act and established felony penalties for these 
crimes. That measure will provide an important additional tool for law 
enforcement to combat dogfighting and cockfighting enterprises.
  To make this new law truly effective, though, we need to encourage 
the active and ongoing participation of Federal law enforcement. Such 
participation would bolster protection for our neighborhoods in 
addition to assuring the welfare of animals. Animal fighting is often 
associated with illegal gambling and acts of human violence. The 
Chicago Police Department recently revealed that over a 3 year time 
period, two-thirds of 332 people arrested for animal abuse crimes in 
the city were also involved in drug crimes, according to the Humane 
Society of the United States.
  To combat dogfighting and associated crimes, I recommend that the 
Safe Streets Task Force devote a considerable amount of its attention 
and funding to the issue of dogfighting.
  Mr. SIMPSON. Mr. Chairman, in accordance with House earmark reforms, 
I would like to place in the Record a listing of the congressionally 
directed projects in my home State of Idaho that are contained in the 
report of the FY08 Commerce, Justice, Science, and Related Agencies 
Appropriations Bill.
  I would like to take just a few minutes to describe why I supported 
these projects and why they are valuable to the Nation and its 
taxpayers.
  The report contains $1,200,000 for the Idaho State Police to 
participate in the Criminal Information Sharing Alliance Network, 
CISAnet. CISAnet is a fully functional information-sharing network 
comprised of law enforcement agencies from 10 States, including Idaho. 
The program focuses on drug trafficking and border security issues. 
Sharing of criminal law enforcement information by and between these 10 
States is vital to securing an area regarded as one of the most 
vulnerable to our Nation's security. These funds would enable Idaho to 
continue participating in CISAnet. This program has received Federal 
funding in previous fiscal years.
  This project was requested by the Idaho State Police.
  The report contains $800,000 for the Idaho Department of Corrections 
to participate in the National Consortium of Offender Management 
Systems, NCOMS, Sharing Software Development Project. NCOMS is a web-
based system allowing States and governmental agencies to share 
offender information. NCOMS and the CIS system make it a reality to 
track offenders across State lines and beyond with the use of 
Extensible Markup Language, XML, global standards and partnerships 
across the law enforcement and corrections communities. Funding would 
be used to allow more government agencies and entities to effectively 
use the system and to modify the ``coding'' of the application to make 
it more modular, allowing organizations to implement pieces of the 
application as needed. This program has received Federal funding in 
previous fiscal years.
  This project was requested by the Idaho Department of Corrections.

[[Page 20574]]

  I appreciate the opportunity to provide a list of Congressionally 
directed projects in my district and an explanation of my support for 
them.
  1. $1,200,000 for Criminal Information Sharing Alliance Network, 
CISAnet; Idaho State Police
  2. $800,000 for National Consortium of Offender Management Systems, 
NCOMS, Sharing Software Development Project; Idaho Department of 
Corrections
  Mr. KUCINICH. Mr. Chairman, I rise in support of this bill, in large 
part because of its support for NASA. The Committee did an admirable 
job of finding money to keep NASA healthy and balanced in the face of a 
destructive budget request from the Administration.
  Ultimately, inadequate funding puts at risk NASA's most valuable 
asset, its workers. It is the workers who have won the awards and have 
driven the incredible accomplishments the agency has amassed. When its 
world class work force gets a message from Congress or from the 
Administration that funding is not reliable, the workers often feel the 
need to leave the agency. When given the choice, no worker wants to 
worry about whether their job will be there next year. When employees 
leave, they not only take their award winning talent and intelligence, 
but their deep institutional knowledge. These losses are dents in 
NASA's armor that take years, if not decades, to repair.
  That is why I am so glad to know that the committee has acted to 
protect NASA. This bill prevents unnecessary layoffs, it funds 
Aeronautics and Exploration in order to fulfill the agency's mission, 
and it prevents the administration from moving large chunks of money 
around the agency against the will of Congress.
  I am proud to represent the NASA Glenn Research Center in Brook Park, 
Ohio. Its economic impact is felt throughout the entire state. In FY04, 
the year for which we have the most recent data, the economic output of 
NASA Glenn alone was $1.2 billion per year. It was responsible for over 
10,000 jobs and household earnings amounted to $568 million.
  I urge my colleagues to support this bill and to protect NASA.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I rise in 
support of the 2008 Departments of Commerce, Justice, Science and 
Related Agencies Appropriations Bill. This bill funds domestic 
priorities that are important to all Americans and invests in our 
Nation's future.
  To help keep our families and neighborhoods safe, it provides a much-
needed increase to the COPS program. To support American 
competitiveness and improve science and technology education, this bill 
increases funding for the National Science Foundation.
  In a global economy, investment in American innovation and regional 
development must be a priority. Madam Speaker, I am pleased that this 
appropriations bill provides over $300 million for the Economic 
Development Administration and encourages new investment in green 
technologies to reduce energy use.
  Over the past 50 years, my district in Bucks County, Pennsylvania has 
lost most of its manufacturing jobs. While towns in my district still 
struggle with these dramatic economic changes, I am encouraged by 
forward thinking plans that have brought high-tech and green energy 
companies to my district.
  Fairless Hills, Bucks County, once home to heavy steel manufacturing, 
now boasts one of Pennsylvania's premier examples of industrial 
revitalization. Twenty-four hundred acres in Fairless Hills, known as 
the Keystone Industrial Port Complex (KIPC), are designated a Keystone 
Opportunity Improvement Zone by the State of Pennsylvania. The 
important economic incentives available at KIPC, coupled with its 
strategic location on the Delaware River, make the site attractive to 
new companies. Two renewable energy companies have already located 
there.
  Public and private economic development professionals continue to 
work hard at every level to attract new investment, support workforce 
development and improve regional infrastructure. I am a proud partner 
in these endeavors because I know the enormous potential of this 
project to revitalize the region.
  The United States must look to the future and support proactive 
regional initiatives that not only create jobs, but advance our 
Nation's commitment to energy independence. New investments for the 
Economic Development Administration will go a long way toward achieving 
these goals.
  Mr. Chairman, by passing this bill, we provide our communities with 
the resources necessary for successful development and we invest in 
America's future.
  Mr. UDALL of Colorado. Mr. Chairman, I rise today in support of this 
bill.
  The bill includes funding for many important programs, and while I 
think some do deserve more funding than the bill provides, I recognize 
that the appropriators had a challenging task in shaping the bill 
because of budget constraints. Overall, I think the bill is a good one 
and I congratulate Chairmen Obey and Mollohan for making these 
difficult decisions in a very constructive manner.
  As Chairman of the Space and Aeronautics Subcommittee of the House 
Committee on Science, I am pleased that the bill includes $17.6 billion 
for National Aeronautics and Space Administration (NASA) funding. 
NASA's work in human space exploration, space and earth science, and 
aeronautics plays an important role in advancing our knowledge, 
expanding our economy and inspiring Americans both young and old. I 
believe NASA performs important research which allows us to better 
understand our climate, our planet and the universe beyond.
  I am pleased that the Committee funds NASA's Science Mission 
Directorate at $5.7 billion, an increase of $180 million over the 
President's request. This increase will help reverse the recent decline 
in funding for science at NASA. NASA research helps us better 
understand the universe at large, but it also greatly contributes to 
our knowledge of our own planet.
  I am especially encouraged that the Committee recognized the 
recommendations of the National Research Council's recent Decadal 
Survey on Earth Science by targeting $60 million towards the highest 
priority missions recommended in that survey, as well as ensuring that 
work on critical climate instruments that were de-manifested from the 
National Polar-orbiting Operational Environmental Satellite System 
(NPOESS) can continue. The Committee specifically noted the importance 
of the Total Solar Irradiance Sensor (TSIS), which is being built by 
the University of Colorado's Laboratory for Atmospheric and Space 
Physics in my district, and instructs NASA to continue to support this 
program. TSIS will ensure that we continue to receive important 
information on the sun and how it interacts with our climate--a data 
stream that has been continuous since 1979 and has contributed to our 
understanding of climate change.
  I am also pleased that the Committee increases NASA's aeronautics 
budget by $146 million over the President's request. Progress in 
aeronautics is crucial to the health of the Nation's air transportation 
industry, which in turn is critical both to the continued strength of 
our domestic economy and to our international competitiveness. The 
additional funding will help NASA contribute meaningfully to the 
development of the Nation's Next Generation Air Transportation System, 
which will enhance the capability of our air transportation system to 
handle the enormous increases in air travel projected over the next 20 
years. Moreover, this bill recognizes that aeronautics R&D at NASA can 
help develop more environmentally compatible commercial aircraft, with 
significantly lower noise, emissions, and energy consumption compared 
to aircraft in commercial service today, and the bill provides funding 
to support that R&D.
  This bill also provides significant funding for the President's 
exploration initiative at NASA by providing the President's full 
request of $3.9 billion. I support the President's Vision for Space 
Exploration and believe human space exploration is a worthwhile 
undertaking. The funding in this bill will keep the Crew Exploration 
Vehicle on track in FY 2008. However, I am concerned that the 
administration's current plan for the shuttle replacement system, the 
crew exploration vehicle (CEV), is not scheduled to be finished until 
2015. This will leave a potential 4 to 5 year gap when the United 
States will be dependent on other countries to travel to and from the 
International Space Station. It is within the administration's power to 
send over budget requests in FY 2009 and FY 2010 to address this gap 
within the context of a balanced overall NASA program, and I hope that 
the administration will do so.
  I am pleased that the Committee increases NASA's education programs 
to $217 million, up $64 million over the President's request. This 
increase will provide additional funds for the Space Grant program, 
which helps undergraduate students participate in cutting-edge 
research, and in the process trains and inspires the next generation of 
scientists. The Committee also provides $2 million for the NASA 
Aeronautics Scholarships program, which encourages more students to 
pursue graduate degrees in aeronautics. I helped create this program in 
the 2005 NASA Reauthorization Act and am pleased that the Committee has 
recognized its importance.
  The Committee provides $6.7 billion for space operations, which is a 
$100 million cut

[[Page 20575]]

relative to the President's request. I understand that the Committee 
had difficult decisions to make, but I am concerned about the impact 
that these cuts will have on the International Space Station's reserves 
posture, as well as on the upcoming Tracking and Data Relay Satellite 
System (TDRSS) procurement. I hope that it will be possible to address 
these problems when the House and Senate move to conference on this 
legislation.
  Funding for the National Institute of Standards and Technology 
(NIST), which has one of its two laboratories based in my district in 
Colorado, is also an improvement on past years. I am pleased that the 
Committee met the President's request of $500 million for research, 
which will help fund components of the Innovation Agenda, such as 
nanotechnology and materials science.
  I also support the bill's inclusion of $109 million for the 
Manufacturing Extension Partnership (MEP) and $93 million for the 
Advanced Technology Program (ATP). MEP serves small- and medium-sized 
manufacturing companies nationally to enhance their ability to compete 
globally. Every federal dollar appropriated for MEP leverages $2 in 
state and private-sector funding, which means that a small federal 
investment of $109 million translates into more millions of dollars in 
benefits for the economy in terms of jobs created and retained, 
investment, and sales. ATP helps businesses develop high-risk, high-
reward research into commercial applications that often have wider 
social benefits.
  And, because of its importance for my own Congressional District, I 
am glad to note that the NIST budget includes $129 million for 
construction and specifically $28 million for the extension of building 
1 at the Boulder facilities. NIST's Boulder laboratories were built in 
the 1950s and are in critical need of modernization to ensure the 
continuation of world-class research.
  After several years of disappointing funding for the National Oceanic 
and Atmospheric Administration (NOAA), I am pleased that this bill will 
set NOAA back on the right track. The Committee funds NOAA at $3.950 
billion, an increase over both the President's budget and the fiscal 
year 2007 spend plan. There is certainly still room for improvement, 
but I hope that this is the first step forward for increasing NOAA 
funding.
  The office of Oceanic and Atmospheric Research (OAR), which funds the 
important work being conducted in the NOAA labs in my district, is 
funded at $410 million in the bill--an increase of $52 million over the 
President's request and $46 million over the FY 2007 spend plan. This 
funding will help NOAA continue to perform vital research in climate 
change and other areas.
  In particular, I am encouraged that the Space Environment Center is 
being funded at the President's request of $6.2 million. While this 
funding is still below the $7.2 million that the SEC received in FY 
2002, it is an increase over what Congress appropriated in FY 2006 and 
indicates that the Committee realizes the important work that the SEC 
does on space weather monitoring and prediction.
  The bill also includes important funding for law enforcement, at both 
the federal and state level.
  It rejects the President's proposal to slash the COPS program by 94 
percent and instead provides $725 million, $183 million above 2007. 
This includes funding for such items as: $100 million for the COPS 
hiring program; $175 million for expanding DNA analysis and forensic 
crime lab capacity; and $85 million for beefing up enforcement in 
``meth hot spots,'' places where meth is a serious problem.
  Similarly, the bill includes $600 million for Byrne Justice 
Assistance Grants to assist local law enforcement agencies and which 
the President's budget proposed to terminate. It also includes 
continued funding for the State Criminal Alien Assistance program 
(SCAAP), which assists state and local governments with the costs of 
jailing undocumented immigrants who have committed crimes not related 
to their immigration status--another vital program the President's 
budget proposed for elimination.
  The bill also rejects proposed cuts in the Violence Against Women 
programs and includes vital support for competitive youth mentoring 
grants, delinquency prevention grants, and Justice Accountability Block 
Grants.
  In summary, Mr. Chairman, this is a good bill that provides funding 
for many important purposes. It is good for Colorado and good for the 
country, and it deserves approval.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he or 
she has printed in the designated place in the Congressional Record. 
Those amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 3093

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, and for other purposes, namely:

                    TITLE I--DEPARTMENT OF COMMERCE

                  Trade and Infrastructure Development

                   International Trade Administration


                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted overseas; 
     travel and transportation of employees of the United States 
     and Foreign Commercial Service between two points abroad, 
     without regard to 49 U.S.C. 40118; employment of Americans 
     and aliens by contract for services; rental of space abroad 
     for periods not exceeding 10 years, and expenses of 
     alteration, repair, or improvement; purchase or construction 
     of temporary demountable exhibition structures for use 
     abroad; payment of tort claims, in the manner authorized in 
     the first paragraph of 28 U.S.C. 2672 when such claims arise 
     in foreign countries; not to exceed $327,000 for official 
     representation expenses abroad; purchase of passenger motor 
     vehicles for official use abroad, not to exceed $45,000 per 
     vehicle; obtaining insurance on official motor vehicles; and 
     rental of tie lines, $430,431,000, to remain available until 
     September 30, 2009, of which $8,000,000 is to be derived from 
     fees to be retained and used by the International Trade 
     Administration, notwithstanding 31 U.S.C. 3302: Provided, 
     That $49,564,000 shall be for Manufacturing and Services; 
     $42,960,000 shall be for Market Access and Compliance; 
     $65,601,000 shall be for the Import Administration of which 
     $5,900,000 shall be for the Office of China Compliance; 
     $245,702,000 shall be for the United States and Foreign 
     Commercial Service; and $26,604,000 shall be for Executive 
     Direction and Administration: Provided further, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities without regard to 
     section 5412 of the Omnibus Trade and Competitiveness Act of 
     1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
     contributions under the provisions of the Mutual Educational 
     and Cultural Exchange Act of 1961 shall include payment for 
     assessments for services provided as part of these 
     activities.

  Mr. CLAY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Missouri is recognized for 5 
minutes.
  Mr. CLAY. Mr. Chairman, today I rise in support of H.R. 3093 as 
reported by the Appropriations Committee with the understanding that 
Chairman Obey, Chairman Mollohan and the other House conferees will 
make every effort to restore $30 million in funding for the Census 
Bureau that was removed during the committee's markup of this important 
funding bill.
  As reported by the Commerce, Justice, Science Subcommittee, the bill 
included $13 million above the President's request to fund the 
partnership program which is so critical to our efforts to count 
traditionally undercounted populations.
  The bill also included $35 million above the President's request for 
the SIPP program, which was slated for elimination until the Census 
Bureau and the Department of Commerce, to their credit, reevaluated and 
reversed that misguided policy decision.
  I applaud Chairman Mollohan, Mr. Ruppersberger and others for their 
leadership in working to include funding for this vital program in the 
original bill, in spite of the administration's decision not to fund 
them in fiscal year 2008.
  Unfortunately, both of these advances would be jeopardized if the $30 
million removed in full committee is not restored. This would undermine 
our efforts to achieve a thorough and

[[Page 20576]]

accurate enumeration of the U.S. population in 2010. It would also 
hamper our ability to gather critical data about poverty, program 
participation and performance in the future. The data collected during 
the decennial census and annually by the SIPP impact the way billions 
of dollars are allocated and the way the programs throughout our 
government are run.

                              {time}  1400

  Indeed, cutting the money from the Census would undermine the very 
program our colleagues are trying to fund at the expense of the Census 
Bureau.
  And now, Mr. Chairman, I would like to engage the gentleman from West 
Virginia in a colloquy.
  Let me begin by congratulating the chairman for his leadership in 
working to provide and protect funding for the Census Bureau. As we 
continue the fight to protect the Bureau's funding from being raided to 
support other programs, I would like to ask the gentleman about his 
commitment to ensuring that the Bureau is inclusive in its contracting 
activity, particularly with regard to the 2010 census. And as the 
gentleman knows, the Census Bureau, according to GAO, will ``make the 
most extensive use of contractors in history,'' which includes 
information technology systems, advertising, and the leasing of local 
census officers.
  I believe the gentleman shares my view that in order to carry out its 
mission effectively, the Bureau must have a workforce that reflects the 
diversity of this Nation and that that idea extends to the private 
entities with which the Bureau contracts to perform mission critical 
activities.
  I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, I commend the gentleman for raising this 
issue. I assure him that I share his concern. I think most members of 
our subcommittee share his concern with any unwise cuts to Census. That 
happened in full committee. There was an amendment which used Census as 
an offset; $25 million came from the periodic census, $5 million came 
from salaries and expenses. Both of them were very regrettable offsets. 
We are going to work to restore those offsets as we move forward into 
conference, and I have a considerable amount of confidence that we will 
be able to achieve that.
  Again, I commend the gentleman for bringing this up and giving us an 
opportunity to express and share our concerns with him and also to make 
that commitment that we are going to work as hard as we can as we move 
forward to restore this funding to Census. It is usually important to 
the Nation that the decennial census move according to a regular 
process which requires a lot of preparation in the early years. And the 
gentleman's foresight in seeing that and his insistence on our 
proceeding accordingly is really appreciated because we want that 
pressure from the body to make sure that we adequately fund Census.
  Mr. CLAY. Mr. Chairman, reclaiming my time, I am certainly aware and 
the gentleman is aware also that it is so important that the Census be 
diverse and that they practice it in their contracting opportunities as 
well as within the makeup of the Bureau itself, because I think that 
the Bureau should reflect this country and its diversity.
  Mr. MOLLOHAN. Absolutely. And we will take the gentleman's concerns 
about that to heart as well.
  We appreciate the gentleman's hard work on this and appreciate the 
excellent staff work that he has had in bringing this to the floor.


           Amendment No. 4 Offered by Mr. Rogers of Michigan

  Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Rogers of Michigan:
       Page 3, line 4, after the dollar amount, insert 
     ``(increased by $6,000,000)''.
       Page 3, line 11, after the dollar amount, insert 
     ``(increased by $6,000,000)''.
       Page 6, line 19, after the dollar amount, insert ``(reduced 
     by $6,000,000)''.

  Mr. ROGERS of Michigan. Mr. Chairman, to my distinguished colleagues, 
I certainly understand the efforts to fence off issues when it comes to 
the census, and I think there are some issues of which we can find a 
level of importance to take a very small amount of money, make that 
census more efficient, and do some great good for the United States of 
America.
  Think about some of the goods that we have had coming to the United 
States of America from China that have been counterfeited, adulterated, 
contaminated just recently: pet food, toothpaste, bottled water, auto 
parts. There is an assessment that just counterfeit auto parts coming 
out of China alone cost American jobs to the tune of $750,000.
  A couple of years ago, in 2004, the Department of Commerce's Trade 
Agreement Compliance Center was created, and it was designed to 
specifically and solely go after Chinese unfair trading practices. And 
if we are going to have free trade, it must be fair trade. The deficit 
with China in 2006 was $230 billion, and it is getting bigger. But 
think of the products that they are selling. Think of the products that 
they are working into the system. Think of the unfairness to American 
workers who are playing by the rules, producing products that are safe 
and legal and in compliance with intellectual property.
  So you think about what they are doing: currency manipulation to 
unjustly compete against American jobs that robs us of jobs unfairly in 
the trade world, certainly not appropriate. Counterfeiting not only of 
auto parts that we have just seen, but the things they have done with 
pet food and toothpaste and bottled water. The chemicals used on some 
food products that they brought in a few years ago. Michigan apples is 
an example where they used a pesticide that we don't allow in the 
United States because it is dangerous to public health. All of those 
things have happened and will continue to happen if we don't step up 
and make a serious statement about our commitment to stop unfair trade 
practices by China and stop counterfeit parts that are robbing jobs and 
products that may, in fact, take the lives of Americans. This is 
serious business.
  We ask for just $6 million. It will double the Office of Compliance 
where these trade cops will look specifically at Chinese trade 
violations. I can't think of anything more important for us to do given 
the recent cases that are coming out of China. And only with vigorous 
and well-funded trade monitoring and enforcement can we provide a level 
playing field and allow U.S. manufacturers to compete around the world.
  In order to deliver the promises of free trade, we need to guarantee 
fair trade. I urge my colleagues to support this important amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment 
and, at the same time, I share concern with the gentleman for our 
ability to monitor, carefully and comprehensively, compliance regarding 
our trade with China.
  We have an Office of China Compliance, which the gentleman wants to 
increase by $6 million, which about doubles the funding. There is a 
group in the Congress, and I am certainly one of them, who are 
extremely concerned about foreign competition. I am very concerned 
about how, as this world increasingly is becoming a smaller economic 
community, how we compete successfully, particularly as competition 
relates to the impact on traditional industries in this country and 
making sure that a fair and level playing field exists. That is why we 
have the Office of China Compliance. That is why we have funded it in 
this bill.
  The gentleman suggests that the funding level is inadequate, and we 
have very consciously funded it at the President's request. A $6 
million increase doubles the Office of China Compliance, and given the 
balances that are necessary in this bill and the funding demands that 
exist, we feel that

[[Page 20577]]

the level that we funded it at is adequate.
  Let me also comment about the gentleman's offset. He offsets the 
Census Bureau, the salaries and expenses account, I believe. That is 
unacceptable.
  Does the gentleman offset the salaries and expenses or the decennial 
census account? The decennial census account. That is a terrible 
offset, respectfully, because we have to prepare for the decennial 
census, and we have to prepare for it carefully and adequately.
  First of all, I think the account is funded adequately at the 
President's request in last year's funding. Secondly, the offset is 
just terrible.
  I would invite the gentleman to work with us as we move forward to 
conference and look carefully at the account and make more careful 
judgments about the adequacy of the funding, if he would like to do 
that.
  Mr. FRELINGHUYSEN. Mr. Chairman, will the gentleman yield?
  Mr. MOLLOHAN. I yield to the distinguished ranking member.
  Mr. FRELINGHUYSEN. Mr. Chairman, quite reluctantly, I oppose the 
gentleman's amendment, but certainly your views are held by quite a lot 
of people. I think it would be a mistake to cut the census, which is 
obviously a constitutional obligation. As I remember looking at that 
account, the Member's suggesting that we double the account, actually I 
think ITA got $10 million more than the President requested. So they 
actually have more money to deal with, maybe not the specific Office of 
China Compliance, but I think it would be a mistake to cut the Census, 
which is a pretty important thing we are trying to ramp up.
  Mr. ROGERS of Michigan. Mr. Chairman, will the gentleman yield?
  Mr. MOLLOHAN. I am pleased to yield to the gentleman from Michigan.
  And I see I was wrong about your offset. But the point applies to 
your offset.
  Mr. ROGERS of Michigan. So it is not nearly as terrible.
  Mr. MOLLOHAN. No. It's terminal. It's a bad offset. It degrades the 
Census Bureau's ability to collect economic statistics, which is 
terrible. But please.
  Mr. ROGERS of Michigan. I understand. I think a little under a 3 
percent cut for counting versus our ability to go after what we know we 
have found. Contaminated pet food; contaminated toothpaste, which 
people consume, which is certainly a public health hazard; and auto 
parts that rob our manufacturers of important jobs must take priority. 
It obviously hasn't worked the way we want it. We should step up in a 
big way. A $230 billion trade deficit. This is the right investment.
  Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I just will stipulate 
to our concerns about trade with China and the necessity to review it. 
That is why we have this office. You are suggesting that we need 
additional funding. You are suggesting doubling the funding, which 
impacts Census in its ability to collect economic statistics, which is 
also extremely important to the economic viability of the country.
  The CHAIRMAN. The time of the gentleman from West Virginia has 
expired.
  Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Rhode Island is recognized for 5 
minutes.
  Mr. KENNEDY. Mr. Chairman, I would suggest that if we are serious 
about looking at this issue of compliance, $6 million, frankly, for a 
country as big as China that is exporting to Wal-Mart toothpaste, pet 
food, auto parts and the like, $6 million ain't going to cut it; $6 
million out of a budget that we are looking at here is really 
infinitesimal to think about in terms of really being serious about 
inspection.
  If we are serious about looking at protecting consumer product 
safety, we ought to look at making sure that industry themselves are 
employing the proper safeguards in their own inspection safety, that 
they are obviously having to comply with our own U.S. inspection codes 
if they are selling within our own market. They are not having to 
comply with China's inspection. They have to comply with ours if they 
are selling in our marketplace.
  So this is a broader issue in addition to just trade, and I think 
there are a lot of other significant aspects to this issue that we need 
to consider. I think we need to bring the trade groups that are 
involved with these issues to the table, and I would suggest that maybe 
the chairman and others maybe down the road we can begin to convene 
some of these trade groups.
  I know from my State some of these interested groups are already 
working within their industries to deal with this because they know 
they have great liability. If they import products that they have 
manufactured in China here to this country that are faulty, they are on 
the hook and they are liable if those products are faulty, as they 
should be liable; that is, provided that they are not indemnified by 
the other side through product liability indemnification.

                              {time}  1415

  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Rogers).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. ROGERS of Michigan. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Michigan will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                    Bureau of Industry and Security


                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     section 1 of title VI of the Act of June 15, 1917 (22 U.S.C. 
     401(b)); and purchase of passenger motor vehicles for 
     official use and motor vehicles for law enforcement use with 
     special requirement vehicles eligible for purchase without 
     regard to any price limitation otherwise established by law, 
     $78,776,000, to remain available until expended, of which 
     $14,767,000 shall be for inspections and other activities 
     related to national security: Provided, That the provisions 
     of the first sentence of section 105(f) and all of section 
     108(c) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities: Provided further, That payments and 
     contributions collected and accepted for materials or 
     services provided as part of such activities may be retained 
     for use in covering the cost of such activities, and for 
     providing information to the public with respect to the 
     export administration and national security activities of the 
     Department of Commerce and other export control programs of 
     the United States and other governments.

                  Economic Development Administration


                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, and 
     for trade adjustment assistance, $270,000,000, to remain 
     available until expended.


                   Amendment Offered by Mr. Sessions

  Mr. SESSIONS. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Sessions:
       Page 5, line 15, insert ``(reduced by $100,000,000)'' after 
     the dollar amount.
       Page 29, line 19, insert ``(increased by $6,000,000)'' 
     after the dollar amount.

  Mr. SESSIONS. Mr. Chairman, my amendment is very simple. It would 
provide an additional $6 million to the FBI, and to reduce the Economic 
Development Administration account to offset this cost.
  I think that Congress must do all that we can do to provide 
appropriate resources to the hardworking men and women serving at the 
Federal Bureau of Investigation. Every day these brave public servants 
stand on the front lines of our Federal law enforcement efforts

[[Page 20578]]

and on the domestic front on the war on terror, and they need and they 
deserve all the support that Congress can give.
  Many of my colleagues know that I have a real and very personal 
appreciation of the organization of which my father served as Director 
of the FBI between 1987 and 1993. I have nothing but the greatest 
respect for all the sacrifices that these agents make on behalf of our 
country, and I am happy to be able to come to the floor today with this 
amendment to support that great work.
  As the report to the bill notes, since September 11, 2001, the FBI 
has undergone a significant transformation. They are being asked to 
make hard choices about resource allocation as they track domestic 
terrorist threats, arrest suspected drug kingpins, and ensure that 
criminals, from bank robbers to corrupt businessmen to tax cheats, are 
brought to justice.
  Even with an increase of around $500 million in this bill, the FBI's 
salary request still faces a deficit. While I wish this amendment could 
go further, I understand the constraints of the budget authority and 
the outlay rules that Congress must follow.
  Regardless, I believe that this is an amendment that will send a 
clear and unmistakable signal to the men and women of the FBI that we 
support them, that we support their hard work, and that we support all 
that they are doing to keep us safe.
  I urge my colleagues to support this amendment and to show your 
support for these brave men and women.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. OBEY. Mr. Chairman, let me summarize the basic facts. The 
Economic Development Administration budget last year was $250 million. 
The President's request for this year was $170 million. The committee 
added $100 million to the President's request to take it to $270 
million, and the gentleman's amendment would take it back down to $170 
million, which is a 32 percent reduction below the amount provided last 
year.
  With respect to the FBI, the committee has already added $148 million 
to the amount that the President requested. We are substantially above 
last year's budget. The FBI has been treated very, very well.
  I find no reasonable justification for saying that we ought to 
provide the $6 million increase for the FBI when it's already received 
an increase of $148 million. And I certainly don't find any reason to 
say that we ought to reduce our efforts to support economic development 
around the country.
  Economic development funds are used, among other things, to help 
localities establish industrial parks. I have to tell you there are 
literally thousands of jobs that have been added in my own district by 
corporations who were able to move into these industrial parks to get 
their services and grow. We have developed a very strong electronics 
industry in my district through the use of funds through EDA.
  I think the key to this bill is balance. We have provided a 
significant increase for the FBI. We've provided a modest increase for 
EDA. And I think that the country is better off if we stick with the 
committee recommendations.
  I would urge a ``no'' vote.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment by the gentleman from 
Texas (Mr. Sessions).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. SESSIONS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Texas will be postponed.
  The Clerk will read.
  The Clerk read as follows:


                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $32,800,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency


                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $31,225,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $86,500,000, to remain available until September 
     30, 2009.

                          Bureau of the Census


                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $196,838,000.


                     periodic censuses and programs

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $1,035,406,000, to remain available until September 30, 2009: 
     Provided, That none of the funds provided in this or any 
     other Act for any fiscal year may be used for the collection 
     of census data on race identification that does not include 
     ``some other race'' as a category.


                    Amendment Offered by Mrs. Capito

  Mrs. CAPITO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Capito:
       Page 6, line 23, after the dollar amount insert ``(reduced 
     by $10,000,000)''.
       Page 42, line 8, after the dollar amount insert 
     ``(increased by $10,000,000)''.
       Page 43, line 8, after the dollar amount insert 
     ``(increased by $10,000,000)''.

  Mrs. CAPITO. Mr. Chairman, I rise today to offer an amendment to 
enhance America's ability to prosecute and detain illegal aliens around 
our southwest border.
  State and local law enforcement agencies along America's southwest 
border grapple with the serious consequences of our porous border every 
day. Prosecutors, probation officers, courts and detention facilities 
are all vital. They process drug and illegal alien cases referred from 
Federal arrests.
  Currently, if the Federal Government decides to no longer pursue 
Federal criminal charges against the defendant, they often turn over 
the case to local law enforcement agencies. State and local agencies 
often need to be reimbursed for the costs of prosecution and court 
costs, as well as pre- and post-trial detention.
  The Southwest Border Prosecutor Initiative helps relieve border 
communities of the steep costs of Federal drug prosecutions. Cases 
involving illegal aliens and drug traffickers are complex and urgent. 
That's why the Southwest Border Prosecutor Initiative needs and 
deserves vigorous Federal support.
  Last year Congress funded this program with $29,617,000. The 
committee's recommended funding level for this year, 2008, amounts to 
only a 1 percent increase over last year's appropriation for the 
Southwest Border Prosecutor Initiative. Meanwhile, the Census Bureau 
stands to receive over $369 million more than last year. That amounts 
to an increase of 40 percent for the census.
  Right now, I, along with the constituents I represent, believe the 
higher priority for our country must be to get a handle on our borders. 
Some aliens who illegally enter America only seek jobs, but then there 
are others who are very, very dangerous. These aliens, especially the 
drug traffickers, call for extra attention. My amendment would boost 
funding to the Southwest Border Prosecutor Initiative by $10 million, 
without costing the taxpayers any more money.
  I ask my colleagues to join me in support of this important 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to this amendment 
which, again, shows there is a run on the Census Bureau; it's as though 
the

[[Page 20579]]

Census Bureau wasn't important, and it's crucially important.
  We have funded the southwest border prosecutors program at $30 
million in this bill, and the President requested zero for it in this 
bill. So I think we're keeping faith with the southwest border 
prosecutors. And we have kept faith and funded in this bill tremendous 
amounts of money for State and local law enforcement above the 
President's request, $1.7 billion above the President's request. So we 
really are addressing these concerns.
  We can go anywhere in the bill for any worthy cause, especially all 
of the law enforcement accounts, they're all worthy causes, and say, 
oh, let's increase the funding for that. It makes it sound like we are 
newly addressing an issue where it has been substantively addressed 
previously in this bill.
  Now, let's look at the offset. And again, we're looking at Census 
like it's not important, and it's crucially important. Specifically 
these cuts that were represented by the offsets to this increase would 
eliminate the current Industrial Reports Program used by the Federal 
Reserve Board for the index of industrial production and also used in 
trade negotiations by our U.S. Trade Representative, the International 
Trade Commission and the Department of Commerce's Office of Textiles 
and Apparel. This amendment will also make it impossible to assess the 
impact of increased imports on domestic industries.
  Secondly, this offset would eliminate the quarterly financial reports 
which are the government's most current and comprehensive reports on 
corporate financial activity. This break in this valuable time series 
program, which goes back 60 years, there is a continuity to this 
program, would erode the quality of our statistical measurements, 
hinder public and private decisionmakers and eliminate a critical 
source of information on corporate profits.
  Next, Mr. Chairman, it would eliminate the Survey of Business Owners 
and Self-Employed Persons, which is the only comprehensive source of 
information on selected economic and demographic characteristics for 
businesses and business owners. The survey data is absolutely critical 
to the missions of the Minority Business Development Agency, the Small 
Business Administration, and other Federal, State and local agencies to 
assess changes in women and minority-owned business, and to analyze the 
effectiveness of these programs. And the amendment it would eliminate 
funding to the Foreign Research and Analysis Program, which generates 
economic, social and demographic information.
  Do we see the harm that this amendment and this offset would do to 
the Census Bureau, to the statistics we gather that are absolutely 
crucial to business, in addition to the overall attitude about an 
almost frivolousness as we deal with the important business that the 
Census Bureau does?
  Let's respect the Census Bureau. Let's respect the surveys and the 
reports and economic statistics which it generates, which we rely on in 
our daily lives for social programs, but also for the important purpose 
of assessing where we are and where we stand in business in an 
increasingly competitive world.
  I oppose the gentlelady's amendment on all of those grounds, Mr. 
Chairman.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. MALONEY of New York. Mr. Chairman, I move to strike the last 
word.
  The CHAIRMAN. The gentlewoman is recognized for 5 minutes.
  Mrs. MALONEY of New York. Mr. Chairman, I rise in opposition to my 
good friend's amendment. The census is critically important. It's even 
required in our Constitution. The importance of an accurate census 
cannot be overstated. The Founding Fathers of our country understood 
it; they wrote it right into Article I, section 2 of the Constitution.
  It is very, very important for the reasons that Chairman Mollohan 
mentioned, but it's absolutely our constitutional obligation to conduct 
the census and to do it to the very best of our ability.
  To delete very important programs that put together data on which we 
make decisions, policy decisions, in our country is extremely short-
sighted.
  I rise in strong opposition, not because I oppose the program it 
seeks to add funding to, but because I oppose the offset, the cut to 
the census. And I think that it's easy to say that programs that fight 
crime or aid local law enforcement need this money more than the 
census. On the surface the census does not seem to have the direct 
connection to public safety that some of these programs do.

                              {time}  1430

  What many people do not realize, however, is that local law 
enforcements rely on the Census every day and an inaccurate count could 
jeopardize their ability to fight crime. Our businesses rely on it. Our 
funding formulas are tied to it.
  We are required to conduct the census every 10 years by our 
Constitution in order to have reapportionment. Our representation is 
tied to it. So when you cut the money to the Census, you are cutting 
representation. You are cutting accurate data so that we can make 
accurate decisions in this body. It is very short-sighted.
  Mr. Chairman, I rise today in strong opposition to this amendment, 
not because I oppose the program it seeks to add funding too, but 
because I oppose the offset. Every year we have the same fight to 
maintain funding for the Census Bureau. I don't know how many times 
I've had to come down here to try and explain how essential it is that 
we not cut funds for the Census Bureau.
  The Census is the largest peacetime mobilization in history. It 
requires recruitment and training of over 500,000 enumerators and 
census workers, to count more than 300 million residents at 130 million 
unique addresses. All of this massive preparation takes place according 
to a strict, decade-long schedule. The closer we get to the decennial, 
the more important it is to adhere to that schedule. In 2008, there are 
two full dress rehearsals planned, one in California, and one in North 
Carolina.
  Former Census Bureau Director Kenneth Prewitt once said that it is 
difficult to do a really good census, but it is easy to do a bad one. 
If we cut funds to the Census Bureau, we will easily do a bad one.

                  Census as a Good Taxpayer Investment

  The Federal government depends on census data in three important 
ways. First, to distribute funding through eligibility criteria and 
allocation formulas. 69.3% of the Federal grants given out in FY2004 
(the most recent year that we have this data for) were allocated based 
on Census Bureau data. Second, census data are used to enforce Federal 
civil rights and anti-discrimination laws such as the Voting Rights Act 
and the Fair Housing Act. Third, the Federal government uses census 
data to create models and estimates for various Federal programs, and 
to then evaluate their efficacy.
  State and local governments use census data for different purposes. 
They allocate criminal justice resources based on crime maps and 
demographic profiles. They base disaster response plans on census data. 
They analyze their transportation systems using information from the 
Census Bureau. The list goes on.
  Not only do governments of all levels rely on the census, but the 
private sector does as well. Businesses conduct market research based 
on census data. Hospitals identify their constituencies and how to 
better serve their needs based on census data. The real estate sector 
uses it to . . . .
  One can argue, therefore, that the census is essential not only to 
democracy, but to the U.S. economy as well. With so many governments 
and businesses who rely on data, it is absolutely essential that that 
data be accurate.
  Over ten years, the 2010 census will cost approximately $11.5 
billion. That's an average of $1.2 billion per year. Divide that by the 
population of the U.S., and the cost is approximately $4 per person, 
per year. Four dollars. That's it. I don't know about you, Mr. 
Chairman, but I am willing to spend $4 a year to ensure that Federal, 
State, and local governments, businesses and non-profits, all have 
accurate data to conduct their business. In fact, considering the 
enormous benefit that the economy gains by having an accurate census, 
I'm willing to wager that this is one of the most cost-effective uses 
of taxpayer dollars. I urge my colleagues to spend your constituents' 
tax dollars wisely by opposing any amendments that cut funding from the 
census.


                       Constitutional Obligation

  The importance of an accurate census enumeration cannot be 
overstated. The founding

[[Page 20580]]

fathers of our country understood, they wrote it right into the 
Constitution. In Article I, Section 2 of the Constitution, it says that 
congressional representation and taxes shall be based on the 
population. I quote directly, ``The actual Enumeration shall be made 
within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in such 
manner as they shall by law direct.'' By extension, the census affects 
Presidential election, as the number of electoral college votes for 
each State is based on the number of representatives and senators from 
that State. There are several instances (listed below) in recent 
history where very close elections and redistricting hinged directly on 
census data. When the founding fathers rooted our representative 
democracy in an accurate enumeration of the population, they placed a 
great burden on the census. It is our constitutional obligation to 
conduct this census, and to absolutely do it to the best of our 
ability.
  After Census 2000, the state of Utah missed gaining a fourth 
Congressional seat and sixth electoral vote by 856 residents; the 435th 
seat and 538th electoral vote went to North Carolina instead. Utah's 
experience has been highly instructive to states with regard to the 
2010 Census. Realizing that apportionment is a zero sum game, more 
states will be working aggressively to bring about a full count.
  The result of the 2000 presidential election turned on the accuracy 
of the 1990 census. The election was so close that a slightly more or 
less accurate census could have produced another pattern of 
Congressional apportionment and so a different outcome.
  In 2003, the Texas state legislature's redrawing of Congressional 
Districts produced quite a commotion, as some legislators in the 
minority left the state in the hopes of blocking approval of the new 
boundaries.

                             Crime-fighting

  It is very easy to say that programs that fight crime or aid local 
law enforcement need this money more than the census. On the surface, 
the census does not seem to have the direct connection to public safety 
that (anti-meth program, COPS, SCAAP) does. What many people don't 
realize, however, is that local law enforcement officials rely on the 
census every day, and an inaccurate count could jeopardize their 
ability to fight crime. One of the most valuable tools for local law 
enforcement is crime mapping. This technology allows them to more 
effectively allocate limited resources and manpower based on crime 
statistics and information on neighborhood characteristics. They are 
better able to predict where crimes will occur based on this 
information, and can therefore send more police officers as a 
preventative measure. Crime mapping programs draw heavily from 
demographic and housing data from both the decennial census and the 
yearly American Community Survey (ACS). When a census or ACS count is 
less accurate due to lower funding levels, it will jeopardize our 
ability to effectively fight crime at the local level.

                           Domestic Violence

  Let's be clear, I am extremely supportive of funding for programs to 
combat domestic violence. I have devoted much of my career to making 
women's lives better, and have been an outspoken advocate of reducing 
violence against women. However, I cannot support this amendment. 
Taking money from the census to fund a domestic violence prevention 
program is nonsensical. These programs rely on census data to recognize 
patterns of domestic violence, such as the link between poverty and 
domestic violence. Domestic violence advocates also use census data to 
analyze the impact of these programs. And finally, the funds that we 
would give to these programs will be based on funding formulas that use 
data from the census. If we do not have the most accurate census 
possible, this program, and all the other programs that receive Federal 
funding, will be at risk.
  Mr. FRELINGHUYSEN. Mr. Chairman, if the gentlewoman will yield, we 
obviously respect our colleague's attempt to improve the financial 
situation for these border prosecutors, but the general feeling is that 
Census accounts are not the ones we want to use for that purpose. But 
we certainly respect what you would like to do to enhance their 
resources.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from West Virginia (Mrs. Capito).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from West Virginia will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

       National Telecommunications and Information Administration


                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $18,581,000, to remain available until September 30, 
     2009: Provided, That notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained and used 
     as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That the Secretary of Commerce is authorized to 
     retain and use as offsetting collections all funds 
     transferred, or previously transferred, from other Government 
     agencies for all costs incurred in telecommunications 
     research, engineering, and related activities by the 
     Institute for Telecommunication Sciences of NTIA, in 
     furtherance of its assigned functions under this paragraph, 
     and such funds received from other Government agencies shall 
     remain available until expended.


                    Amendment Offered by Mr. Shimkus

  Mr. SHIMKUS. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Shimkus:
       Page 7, line 8, after the dollar amount, insert 
     ``(increased by $5,000,000)''.
       Page 21, line 7, after the dollar amount, insert ``(reduced 
     by $5,000,000)''.

  Mr. SHIMKUS. Mr. Chairman, I come down to offer this amendment with 
respect to myself and my colleague, Anna Eshoo. She is tied up in an 
Intel briefing, or she would be down in support of this amendment.
  We both cochair the E9-1-1 Caucus in which, in 2004, we passed on 
this floor an authorization of $1.2 billion over 5 years to help our 
first line responders roll out ENHANCE 9/11 in a 50 percent grant 
program with our public safety officials. Under Republican control over 
the past 2 years, and now under a Democrat-controlled appropriation 
budget, we have yet to see our first dollar from the appropriation 
process committed to ENHANCE 9/11.
  So the basic premise of this amendment is just to get started. There 
is $1.2 billion authorized. This is the third year with no dollars 
appropriated. We are asking for a shifting of funds of $5 million to 
make this happen. Again, this amendment is supported by the National 
Emergency Numbering Association, which is commonly referred to as NENA; 
and APCO, which is the Association of Public-Safety Communications 
Officials.
  We all know the stories about people who expect that when they dial 
9/11 on a cellular phone that not only will someone answer that, but 
people will know where they are. I represent rural southern Illinois, 
parts of 30 counties. It is one of the largest congressional districts 
east of the Mississippi. You can go off in some area and folks may not 
find you until it is too late.
  So the whole emphasis behind ENHANCE 9/11 is to use technology, work 
with the land line companies, work with the cell companies, work with 
the public service answering points of PSAPs, or we call them the E9-1-
1 call centers, and in so doing, make sure that we move our country 
forward to be able to identify folks when they call 9/11 on their 
cellular phone. Again, I would venture to guess that almost everyone 
voted for ENHANCE 9/11, cellular identification authorization amount 
$1.2 billion over 5 years.
  So it is time, my colleagues. Congresswoman Eshoo and I just want us 
to start. I think the public service, the first line responders and the 
public safety communities really want us to at least show some good-
faith effort by finally releasing some dollars. That is the intent of 
this amendment.
  I see there is some activity on the other side. I was hoping that the 
chairman would pay attention, because I am going to call, obviously, 
for the voice vote, but because of the way that it is worded, I will 
not call for a recorded vote, but I would like for him to be receptive 
to moving this provision, especially when it is brought in a bipartisan 
manner with a major member of the Commerce Subcommittee and the 
Telecommunications Subcommittee.
  Mr. Chairman, I yield back the balance of my time.

[[Page 20581]]


  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to this amendment.
  Mr. Chairman, this bill is currently balanced among the many 
competing priorities between the Subcommittee on Commerce, Justice and 
Science. The amendment significantly upsets that balance.
  This Congress has already provided the proper funding mechanism for 
enhanced 9/11 grants, which is through proceeds realized through the 
sale of the spectrum space. I have grave concerns about a $5 million 
reduction to the general administration account of the Department of 
Justice.
  The Department may have to lay off its current personnel, reduce key 
projects that might have to be terminated, and substantially scale back 
others in order to absorb a reduction in this office.
  We have to be respectful in the requests and the necessity of having 
adequate funding and adequate personnel to run these programs, to run 
the Department of Justice. Let's not be cavalier in these offsets. Just 
because the account is called ``general'' doesn't mean that it doesn't 
need funding. It also doesn't mean that we haven't been careful and 
deliberate as we have looked at the needs and funded these accounts. 
These are real people we are talking about laying off. They have real 
jobs, and they administer real programs.
  So when we offer an amendment and suggest a $5 million offset, we 
have to be mindful of the consequences of that. DOJ is currently 
challenged to fill authorized positions at all of its components. We 
are increasing funding at the DOJ. Partly these funding requirements 
are the result of chronic gaps between the funding requested and 
appropriated for the S&E accounts and the true cost of pay raises. 
Let's be respectful of other people in their jobs as we consider these 
offsets.
  I yield to the distinguished ranking member.
  Mr. FRELINGHUYSEN. Mr. Chairman, like the chairman, we want to salute 
Representative Eshoo and Mr. Shimkus. This is sort of a promise that 
has not been delivered on, and we are mindful of it. But I would agree 
with the chairman, to take a whack out of the Department of Justice 
general administration accounts would affect people that are working 
there presently.
  There is the expectation, which, of course, it might irritate you for 
me to mention this, that somewhere along the line, goodness knows when 
it will happen, there will be a spectrum auction. I don't know, there 
is $40 or $50 million. I know you are looking for $250 million. It is 
not exactly inexpensive. When the auction should occur, this is the 
type of necessary project that needs to be funded.
  But I would concur with the chairman, I know you tried to choose 
wisely, I am not sure these are the accounts that I would recommend 
taking money from. So I would concur with the chairman.
  Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I thank the 
distinguished ranking member for those thoughts. If I have any time 
left, Mr. Chairman, I would just point out that about 90 percent of the 
account where the gentleman is seeking an offset, the general 
administrative account, goes towards operational support for the 
Department of Justice agencies and their missions, by maintaining and 
overseeing facilities, for procurement of law enforcement tools for 
agents and employees, and for management of financial systems.
  Cutting this account could prevent implementation of a unified 
financial management system that would limit the fraud, waste, and 
abuse that everyone in this body talks about. These are not the areas 
in which we want to make cuts.
  Ms. ESHOO. Mr. Chairman, the amendment that Mr. Shimkus and I are 
offering will provide $5 million for the National Telecommunications 
and Information Administration (NTIA) with the intent of allowing them 
to issue grants to upgrade Public Safety Answering Points (PSAPs), 
otherwise known as 9-1-1 call centers. Call centers across our country 
today need to enhance their 9-1-1 technology in order to actually 
locate where a mobile phone caller in crisis is.
  Annually, over 200 million 9-1-1 calls are made, and increasingly 
those calls are made from mobile phones. According to CTIA, the 
wireless industry association, more than 10 percent of households now 
rely on wireless phones as their only telephone service. No wonder it's 
surprising to many Americans to learn that a 9-1-1 call center may not 
have enhanced technology to trace an emergency call from a mobile phone 
in order to dispatch help to exactly where it is needed.
  Imagine calling 9-1-1 from your mobile phone at the scene of a car 
accident or a crime and being told the operator has no idea where you 
are.
  Millions of Americans face this risk every day.
  While coverage in many areas is improving, there are significant gaps 
in the public safety system, particularly in small, rural, and poor 
communities where federal assistance could be most meaningful.
  In 26 states, more than 20 percent of counties have not deployed the 
latest 9-1-1 technology. In 15 states, well over half the counties 
haven't deployed this technology. In West Virginia (Chairman Mollohan's 
home state), nearly one third of the population doesn't have enhanced 
9-1-1 coverage. In Ohio, half the state's population lacks this 
coverage, and in Mississippi, two-thirds.
  In 2004, Congress and the President attempted to address this problem 
by enacting the ENHANCE 9-1-1 Act. The law that Mr. Shimkus and I 
authored created a grant program to pay 50 percent of the cost for 
upgrading 9-1-1 call centers and ensure the most precise location 
(within 300 meters in most cases) of an emergency call from a mobile 
phone.
  The program was authorized to provide up to $1.25 billion in grants 
over 5 years. Regrettably, 3 years later Congress has yet to fund the 
program. In fact, the NTIA and National Highway Traffic Administration 
(NHTSA), the agencies with responsibility for this program, haven't 
even established regulations for awarding grants. With only 2 years 
left in the authorization, it's time to get the program underway.
  The modest amount of funding in our amendment will provide grants to 
approximately 54 smaller counties to upgrade their wireless E9-1-1 
capabilities or up to 17 grants to counties with populations over 
100,000. This public safety funding is offset by reducing funds from 
the Justice Department's General Administration.
  Our Amendment has been endorsed by the Association of Public-Safety 
Communications Officials and the National Emergency Number Association 
and I urge my colleagues to join me and Representative Shimkus in 
voting for it.
  Mr. MOLLOHAN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Illinois (Mr. Shimkus).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. SHIMKUS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Illinois will be 
postponed.
  Mr. CARDOZA. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. CARDOZA. Mr. Chairman, I intended to offer an amendment with 
regard to sea turtles. I would like to engage in that discussion for a 
bit. I will not offer that amendment; I would like to discuss it with 
the chairman of this Appropriations Committee.
  There are currently six species of sea turtles, the green, the 
hawksbill, the Kemp's Ridley, the leatherback, the loggerhead and the 
Olive Ridley sea turtle. All six are listed as threatened or endangered 
species under the Endangered Species Act.
  Sea turtles face a range of threats from land and sea. Their nesting 
beaches are under constant attack from pollution, trash, debris, 
predators and vehicles driving on the dunes.
  Once out of the nest, sea turtle hatchlings use light cues to find 
the sea. Artificial lighting near the beach can disorient hatchlings, 
leading to dehydration and death.
  In the water, sea turtles face even more serious threats. Every year, 
thousands of sea turtles are injured or die

[[Page 20582]]

after becoming entangled in discarded fishing gear and other marine 
debris, from ingesting plastic bags or oil and tar, from being crushed 
by dredges, and by being accidentally caught by U.S. commercial fishing 
operations. The latter is one of the most serious threats facing sea 
turtles.
  Sea turtles are accidentally caught in gill nets, trawls, long-lines 
and dredges, subjecting them to severe injury, crushing, or drowning.
  The U.S. Government authorizes commercial fisheries to kill nearly 
10,000 sea turtles and harm another 334,000 each year. And that is only 
what is authorized, not what actually occurs.
  In addition, the government does not adequately take into account 
that when a sea turtle is injured, its swimming, hunting, and 
reproductive abilities may be severely impaired, further jeopardizing 
the population.
  Currently, approximately one in 1,000 sea turtle hatchlings survives 
to adulthood, one in 1,000. While they are long-lived, they also reach 
reproductive maturity late in life. Due to the many risks they face, 
however, relatively few sea turtles survive to maturity, and even fewer 
live to reproduce.
  In order for the sea turtle population to recover, we must do a 
better job monitoring the population and strengthen the necessary 
protective enforcement measures. The Cardoza-Hastings-Castor amendment 
was quite simple: it provided an additional $1 million for sea turtles 
under the Protective Species Research and Management account for the 
National Marine Fisheries Service.
  What I have done with the chairman is to request that the chairman 
work with us, and I would like to now yield to discuss with the 
chairman what we might do moving forward.
  Mr. MOLLOHAN. Mr. Chairman, if the gentleman will yield, first of 
all, I want to commend the gentleman for raising this issue. Six of the 
seven sea turtle species are endangered. It is a real concern. It is a 
real plight. We can be particularly proactive trying to address the 
endangered status of these turtles in our borders. It becomes far more 
difficult as we go out around the world.

                              {time}  1445

  It is important that we address it and we pay increasing attention to 
it. The gentleman requests an additional $1 million. There is a $9 
million program looking at this. We intend to work with the gentleman, 
if he so desires, to ensure that NOAA is increasingly focusing on the 
problem, and we will be bringing the gentleman's concern to their 
attention, and letting them understand that. We will be working with 
the professionals at NOAA, and we want to give them all of the support 
that we can and let them know that this is a priority for us.
  So I commend the gentleman for bringing the issue to our attention, 
and assure him that we look forward to working with him not only as we 
process this bill through to completion, but subsequent to that and 
throughout the year to ensure that NOAA gives it the adequate attention 
that this issue deserves.
  Mr. CARDOZA. I thank the chairman. I look forward to working with 
him. That is acceptable to us. We will work together as this bill goes 
to conference to see how we can better deal with this issue.
  My daughter Brittany is 13 years old, and my daughter Elaina is 10. 
They both have encouraged me to work on this. One knows that we have to 
try to abide by our children because they usually have the right take 
on what is right in the world. I thank the chairman for allowing me to 
work on this issue.
  Mr. MOLLOHAN. They do have the right take, and she obviously has 
picked a substantive issue to be concerned about and defend, and the 
gentleman is to be commended for picking it up and fighting for her and 
sea turtles.
  Mr. CARDOZA. I thank the chairman.
  Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN. The time of the gentleman from California has expired.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. MOLLOHAN. I yield to the gentleman from California.
  Mr. CARDOZA. Again we have worked with the chairman. There was an 
amendment that I was going to offer with regard to the CASA, Court 
Appointed Special Advocates, program. This is an issue I am very 
passionate about as two of my children are adopted. They were into the 
foster care system and into adoptive placement because of a CASA 
volunteer seeing the desperate situation they were both in.
  The current CASA funding only allows for 50 percent of the children 
who are under court supervision, under court custody to receive the 
assistance of a CASA volunteer. The program is underfunded.
  I had originally intended to fully increase this funding so that 
every child could have a child advocate and a CASA. That is not 
authorized under the authorization, so we have withdrawn the amendment 
at this time, but I will work with the gentleman in the future to make 
sure that we do the right authorizing legislation so this appropriation 
can be dealt with in the appropriate way in the future.
  I thank the gentleman for his advice and leadership in helping me 
work on this issue.
  Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I point out that when 
the gentleman brought his interest in CASA to the attention of the 
committee, I pointed out to him that CASA is funded in our bill at the 
authorized limit of $12 million. We don't suggest that it does not 
merit and that the need isn't there for considerably additional 
funding. That is something that we can look at in the future, and I 
thank the gentleman from California for bringing this matter to the 
attention of the committee and to the attention of the full body.
  CASA is a vital program that is important in the lives of countless 
children in foster care, and we will continue to work with the 
gentleman on his concern of ensuring that soon every child has a CASA 
representative.
  As the gentleman represents, only 50 percent, if it is 50 percent, of 
those in need are served by this vital program. As my colleagues may 
know, 7 years ago, and as the gentleman pointed out, and we are very 
impressed by that fact and taken by it, adopted two foster children. 
There is no greater love than adopting children. We look forward to 
working with the gentleman as we move forward.
  Mr. CARDOZA. I thank the gentleman for his extraordinary leadership 
and for his indulgence of his time.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


    public telecommunications facilities, planning and construction

       For the administration of grants authorized by section 392 
     of the Communications Act of 1934, $21,728,000, to remain 
     available until expended as authorized by section 391 of the 
     Act: Provided, That not to exceed $2,000,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That, notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year.

               United States Patent and Trademark Office


                         salaries and expenses

       For necessary expenses of the United States Patent and 
     Trademark Office provided for by law, including defense of 
     suits instituted against the Under Secretary of Commerce for 
     Intellectual Property and Director of the United States 
     Patent and Trademark Office, $1,915,500,000, to remain 
     available until expended: Provided, That the sum herein 
     appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 
     section 31 of Act of July 5, 1946 (60 Stat. 437; 15 U.S.C. 
     1113) and 35 U.S.C. 41 and 376 are received during fiscal 
     year 2008, so as to result in a fiscal year 2008 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2008, should the total 
     amount of offsetting fee collections be less than 
     $1,915,500,000, this amount shall be reduced accordingly: 
     Provided further, That from amounts provided herein, not to 
     exceed $1,000 shall be made available in fiscal year 2008 for 
     official reception and representation expenses: Provided 
     further, That in fiscal year 2008 from the amounts made 
     available for ``Salaries and Expenses'' for the United

[[Page 20583]]

     States Patent and Trademark Office (PTO), the amounts 
     necessary to pay: (1) the difference between the percentage 
     of basic pay contributed by the PTO and employees under 
     section 8334(a) of title 5, United States Code, and the 
     normal cost percentage (as defined by section 8331(17) of 
     that title) of basic pay, of employees subject to subchapter 
     III of chapter 83 of that title; and (2) the present value of 
     the otherwise unfunded accruing costs, as determined by the 
     Office of Personnel Management, of post-retirement life 
     insurance and post-retirement health benefits coverage for 
     all PTO employees, shall be transferred to the Civil Service 
     Retirement and Disability Fund, the Employees Life Insurance 
     Fund, and the Employees Health Benefits Fund, as appropriate, 
     and shall be available for the authorized purposes of those 
     accounts: Provided further, That sections 801, 802, and 803 
     of division B, of Public Law 108-447 shall remain in effect 
     during fiscal year 2008.

                         Science and Technology

                       Technology Administration


                         salaries and expenses

       For necessary expenses for the Under Secretary for 
     Technology, $1,000,000, to remain available until September 
     30, 2009.

             National Institute of Standards and Technology


             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $500,517,000, to remain available 
     until expended, of which not to exceed $12,500,000 may be 
     transferred to the ``Working Capital Fund''.

                     industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $108,757,000, to remain available until 
     expended.
       In addition, for necessary expenses of the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology, $93,062,000, to remain available until expended.


                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by the Act entitled ``An Act to establish the 
     National Bureau of Standards'' (15 U.S.C. 278c-278e), 
     $128,865,000, to remain available until expended.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $2,847,556,000, to remain available until 
     September 30, 2009, except for funds provided for cooperative 
     enforcement which shall remain available until September 30, 
     2010: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That the Administrator of the 
     National Oceanic and Atmospheric Administration may engage in 
     formal and informal education activities, including primary 
     and secondary education, related to the agency's mission 
     goals: Provided further, That in addition, $3,000,000 shall 
     be derived by transfer from the fund entitled ``Coastal Zone 
     Management'' and in addition $77,000,000 shall be derived by 
     transfer from the fund entitled ``Promote and Develop Fishery 
     Products and Research Pertaining to American Fisheries'': 
     Provided further, That of the $2,938,556,000 provided for in 
     direct obligations under this heading $2,847,556,000 is 
     appropriated from the general fund, $80,000,000 is provided 
     by transfer, and $11,000,000 is derived from recoveries of 
     prior year obligations. Provided further, That any deviation 
     from the amounts designated for specific activities in the 
     report accompanying this Act, or any use of deobligated 
     balances of funds provided under this heading in previous 
     years, shall be subject to the procedures set forth in 
     section 505 of this Act.


        Amendment No. 22 Offered by Mr. English of Pennsylvania

  Mr. ENGLISH of Pennsylvania. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 22 offered by Mr. English of Pennsylvania:
       Page 11, line 19, after the dollar amount, insert the 
     following: ``(reduced by $2,000,000)''.
       Page 68, line 16, after the dollar amount, insert the 
     following: ``(increased by $1,000,000)''.
  Mr. ENGLISH of Pennsylvania. Mr. Chairman, the amendment I am 
offering today would redirect a very modest amount of funds from NOAA 
to the United States International Trade Commission, we hope to good 
effect.
  The ITC serves on the frontline in the trade war against unfair and 
illegal imports. The Commission, an independent, quasi-judicial Federal 
agency, is part of America's critical network of ``trade cops.''
  The Commission investigates the effects of dumped and subsidized 
imports on domestic employers and American workers, and conducts global 
safeguard investigations on import surges. The Commission also 
adjudicates cases involving infringement by imports of intellectual 
property rights.
  Very simply, this amendment presents a clear choice and a simple one: 
Jobs for constituents in industries threatened by illegal and predatory 
trade practices, or more money for administration and bureaucracy.
  Whatever an individual Member's views on international trade, no one 
can disagree with the notion that the United States is becoming more 
and more integrated into the global marketplace. U.S. exports are 
increasing; and, perhaps unfortunately, so are imports.
  Unfortunately, all too often countries do not fulfill their promises 
to stay within the rules of the global trading system. These 
rulebreakers do not only cheat the system at our expense, but their 
action has the effect of costing America jobs. It is precisely for 
these reasons that we have laws on the books to police our markets, to 
combat illegal trade practices like dumping, subsidies and intellectual 
property theft. These laws, however, are only as good as the 
enforcement mechanism that sustains them.
  There are countless examples of employers in congressional districts 
across the country that are being adversely affected by illegal trade 
practices. Everything from Channellock pliers in my district, or the 
Club in your car, to Zippo lighters are under assault by intellectual 
pirates. Everything from tires to lemon juice to honey to live swine to 
furniture to computer chips is under assault by illegal subsidies or 
dumping. And everything from steel pipe, hangers and brake drums and 
rotors are under assault from Chinese import surges. These industries 
illustrate the range of American employers that turn to the Commission 
to hear their case when our trading partners run afoul of their 
obligations.
  And because of the volume of cases before the Commission, which is 
exploding, it is incumbent upon us to provide the necessary resources 
to our trade cops.
  Intellectual property cases before the Commission have more than 
tripled since fiscal year 2000. The Commission expects an increase in 
dumping and antisubsidy investigations for the fiscal year 2008 
compared to a relative decline in 2005 and 2006.
  Also, the Commission will be tasked with examining the economywide 
economic impact that pending FTAs will have on our country.
  All of these facets of the Commission are far too important not to 
put the necessary resources into the Commission to allow it to complete 
its mission. If we are concerned about the effects that illegal and 
unfair trade is having on the average working American, this amendment 
is the very least we can do.
  Again, Mr. Chairman, this amendment presents a simple choice, jobs 
for constituents in industries threatened by illegal and predatory 
trade practices, or more money for administration and bureaucracy. I 
choose American jobs, and I hope my colleagues join me in passing this 
amendment.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. I rise in opposition to the gentleman's amendment. The 
gentleman attempts to move $2 million out of NOAA, out of the very 
important programs that fund the National

[[Page 20584]]

Weather Service--fisheries, oceans, climate--money that is used to do a 
lot of the research that is extremely important to all of these areas, 
including climate change.
  We have tried to fund NOAA in a way that respects its mission this 
year in the House of Representatives. Typically we don't do that, and 
the Senate earmarks it. We have tried to go through account by account 
and look at the National Weather Service, look at the fisheries, look 
at oceans and look at climate change, and fund these programs 
accordingly. This money will take away from that effort.
  Now, where is the money going? It is going to the ITC. During a 
hearing we specifically asked Chairman Pearson if he got his request, 
and he got the funding he requested as he requested it, if he would be 
happy and if he would be made whole. And his testimony specifically to 
us: ``If you do that, Mr. Chairman, then we are very happy.'' And 
that's what we did in this bill, so I really don't see the need under 
any circumstances for increasing the ITC at this time.
  The gentleman mentioned all of the important missions of the ITC and 
all of the work it does. And you know what? We respect that, and we 
have funded it completely in this bill and been responsive to the 
Chairman Pearson's request. He represented to us at the hearing that if 
we were to do that, which we did, that he would be totally happy with 
this funding.
  I have to say that the gentleman is laboring on behalf of an agency 
that is fully funded and above that has received all of the funding 
requested in this bill. So I oppose this amendment to take money from 
science programs and to take it for no compelling reason from NOAA.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. English).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. ENGLISH of Pennsylvania. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Pennsylvania will be 
postponed.


                Amendment No. 17 Offered by Ms. Bordallo

  Ms. BORDALLO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 17 offered by Ms. Bordallo:
       Page 11, line 19, after the dollar amount insert ``(reduced 
     by $500,000) (increased by $500,000)''.
  Ms. BORDALLO. Mr. Chairman, I offer this amendment for the purpose of 
ensuring that not less than $500,000 is expended by NOAA in 2008 for 
Western Pacific Fishery Demonstration Projects.
  This amendment would effectively ensure that such funding is provided 
for this program. The Western Pacific Fishery Demonstration Projects 
program was authorized by the 104th Congress through the passage of an 
act that reauthorized the Magnuson-Stevens Fishery Conservation and 
Management Act. This is a program that was funded at the level this 
amendment proposes each year from 1999 to 2005. However, unfortunately, 
this program has not been funded in the past 2 years.
  Valuable and economically innovative projects have been demonstrated 
and explored in the past through this program. It is important to the 
communities represented by the Western Pacific Fishery Management 
Council, which includes my home district of Guam, for this program to 
be funded.
  This is a competitive program, and project proposals are reviewed 
against criteria established by NOAA. The program's chief purpose is to 
protect and promote traditional fishing practices in the American 
Pacific basin.

                              {time}  1500

  Development of sustainable fisheries in the islands is important to 
their economic diversification, growth and preservation of traditional 
cultural practices.
  On Guam, for example, a proposal deemed to have merit awaits funding. 
Our fishermen and -women need continued support to demonstrate and 
establish a deep-set longline fishery. Funding this program is the key 
to ensuring that such a meritorious project can be pursued in a 
Federal-local partnership.
  I am grateful for the opportunity to offer this amendment, and I want 
to thank the distinguished gentleman from West Virginia (Mr. Mollohan) 
and our colleague from New Jersey (Mr. Frelinghuysen) at this time for 
their able leadership in bringing this bill to the floor, and also as 
Chair of the Fisheries, Wildlife and Oceans Subcommittee, I also want 
to acknowledge the full committee Chair, Mr. Obey, here on the floor 
for his work and leadership on behalf of Members of this body, and I 
also would like to recognize Mr. Lewis, the ranking member.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I accept the gentlelady's amendment.
  The level of funding for this program needs to be increased to help 
foster and promote traditional indigenous fishing practices. The 
gentlelady has been a tireless supporter of assisting the indigenous 
people of Guam, Hawaiian Islands and the South Pacific.
  And this funding provides funds for a competitive grant within NOAA 
to allow indigenous peoples of the western Pacific to explore new 
fishing means both which are safe and economically sustainable.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Guam (Ms. Bordallo).
  The amendment was agreed to.


           Amendment No. 27 Offered by Mr. Rogers of Michigan

  Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 27 offered by Mr. Rogers of Michigan:
       Page 11, line 19, insert after the dollar amount the 
     following: ``(reduced by $16,000,000)''.
       Page 29, line 19, insert after the dollar amount the 
     following: ``(increased by $16,000,000)''.

  Mr. OBEY. Mr. Chairman, I reserve a point of order against the 
amendment.
  The CHAIRMAN. A point of order is reserved.
  The gentleman from Michigan is recognized for 5 minutes.
  Mr. ROGERS of Michigan. Mr. Chairman, I have a series of three 
amendments, and what we are trying to do here today is solve a couple 
of very real problems for average FBI agents who, in my day, were 
called brick agents. These are the folks who are doing the real work, 
working organized crime or collecting intelligence on foreign spies or 
doing counterterrorism work here in the United States, trying to save 
and prevent any hazards from happening in our homeland, doing violent 
crime or chasing gangsters or involved in the public corruption that is 
pervasive in so many of our cities around the United States.
  They're doing great work, and these are very talented people, and we 
don't really pay them a lot of money. We ask a lot of them. We tell 
them to move around a lot. We send them to very high-cost cities, New 
York City, and think what about we do.
  We have an agent who's been in, say, 7, 8, 9, 10 years, he makes 
about $89,000 as a supervisor of other FBI agents, and he's in Alabama. 
You can do pretty well at that standard. And then we tell him or her, 
because his or her talents are needed in New York City, You're going to 
go. So you pack up your family and you show up in one of the world's 
most expensive cities, and for that, we give you $3,000.
  So he or she goes from living pretty decently in a place like Alabama 
on $89,000 to a high-cost city making $92,000, and the hardship begins. 
It's

[[Page 20585]]

wrong that we treat some of our frontline defenders in homeland defense 
in this way.
  So, last summer, we sat down and tried to work with the FBI director 
to get a couple of things accomplished. One was a housing allowance. 
Other agencies in the city of New York have housing allowances for 
their agents and their officers who serve there because they recognize 
the need for, A, constant moving; and B, in high-cost areas, you need a 
little extra help just to get by. Some of these agents have 3-hour 
commutes to go into work, 3-hour commutes, work a very long day, longer 
than most Americans; then they have a 3-hour commute to go home. It's 
pretty tough on their family life. It's tough on their finances, and 
it's wrong that we ask these agents to suffer under that kind of 
financial difficulty. We should and could do better.
  So, last summer, we agreed with the FBI director, of which we have 
public statements to the effect, that we would try a pilot housing 
project here in Washington, DC, another high-cost area. It's hard to 
attract FBI agents to come back to Washington, DC, because of the high 
cost that is uncompensated. So we agreed that we would try a pilot 
project here to see if we couldn't work out the kinks. Now, the FBI has 
agreed to this program. They said it's the right thing to do. They will 
try a pilot project. If it works here, we'll see where else it can go.
  So we take a very small amount of money, about half of 1 percent from 
the $2 billion plus going to NOAA, and we say we're just going to 
redirect a little of this money into something that we know can make a 
difference for those who are defending the United States of America and 
doing some of the hardest work that is out there.
  So, if we do this amendment, I won't have to do an amendment later on 
that specifically outlines how we would do a housing project for FBI 
agents across America. And think of those high-cost cities like Los 
Angeles or Miami or Chicago, New York City, places in New Jersey, 
Atlantic City, the cost of housing is ridiculous. And they're not well-
compensated to begin with, and to ask that extra burden isn't right.
  So we're going to do two things. We're going to do that. Hopefully, 
if we do this, I will be able to withdraw my second amendment on the 
FBI housing allowance. And secondly, they have something called an up-
or-out policy of which, by the way, I oppose, but I worked with the 
director to protect the pensions of those FBI agents that have been 
impacted by this up-or-out policy.
  And by the way, the FBI, after this agreement last summer, sent an 
internal communications and said basically, hey, we're going to do this 
for you. For those of you who are impacted, and these are supervisors 
who have served well for their country and their community and the 
Bureau who had to step down from being a supervisor because they didn't 
want to be forced to move to a high-cost city in Washington, DC, to 
further their career. Maybe their kids were in school, maybe they had 
to make other considerations. So they were forced not because of their 
lack of good work but because they were just serving in that capacity 
for 5 years. And those who were close to retirement, it significantly 
impacted their retirement, their pensions, and it's wrong.
  There's a small number of agents that we can fix with this proposal 
that takes care of those agents who have served us all well. While we 
were sleeping, they were working. While we were in the safety of our 
barbecues, they were in danger protecting this country.
  We owe it to them to have these two fixed. It's agreed to by the FBI 
director. It's agreed to by the FBI. We just need to get some language 
in to accomplish that. I would urge support of this amendment.


                             Point of Order

  Mr. OBEY. Mr. Chairman, I make a point of order against the 
gentleman's amendment.
  The amendment proposes to increase the level of outlays in the bill. 
I don't think that's the intention, but that's the effect.
  The fact is that the outlay rate in the NOAA account is 65 percent. 
The outlay rate in the FBI account is 80 percent. Therefore, the 
amendment is not budget neutral, and I ask for a ruling from the Chair.
  The CHAIRMAN. Does any other Member wish to be heard on the point of 
order?
  Mr. ROGERS of Michigan. Mr. Chairman, this certainly seems to me a 
change in policy. This is a straight transfer. Now, the other two 
amendments I understand we may have something to chat about, but this 
is a straight dollar transfer. We have reduced one account and 
increased another account. It is a straight transfer and should be 
considered made in order.
  Mr. OBEY. Mr. Chairman, if I could respond, the fact is this may be a 
straight transfer as far as budget authority is concerned, but that is 
not the impact on the outlay side, and therefore, I ask for a ruling 
from the Chair against the amendment.
  The CHAIRMAN. Does any other Member wish to be heard on the point of 
order? If not, the Chair is prepared to rule on the point of order.
  To be considered en bloc pursuant to clause 2(f) of rule XXI, an 
amendment must not propose to increase the levels of budget authority 
or outlays in the bill. Because the amendment offered by the gentleman 
from Michigan proposes a net increase in the level of outlays in the 
bill, as argued by the chairman of the Committee on Appropriations, it 
may not avail itself of clause 2(f) to address portions of the bill not 
yet read. The point of order is sustained.


                     Amendment Offered by Mr. Mack

  Mr. MACK. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Mack:
       Page 11, line 19, after the dollar amount insert 
     ``(increased by $21,100,000)''.
       Page 16, line 20, after the dollar amount insert ``(reduced 
     by $21,100,000)''.

  Mr. MACK. Mr. Chairman, I first would like to start off by saying 
that I'm only here this afternoon because of a concern for an algae 
bloom that continues to grow off my coast. It's called red tide. It 
causes economic damage. It causes quality of life damage. It's also 
harmful to the fisheries.
  I also understand that the majority is not really comfortable the way 
we constructed this amendment. I do want to say for the record that 
I've had a lot of support from Kathy Castor and Vern Buchanan on 
working, trying to get more research dollars on red tide.
  Currently, NOAA has a program, a peer-reviewed program, that moneys 
are appropriated to that then are used for research all around the 
country on red tide and harmful algae blooms. This amendment would then 
fully fund to $30 million a year those research projects.
  I spoke earlier to the chairman of the committee, and we talked about 
how we can move this ball down the road, how we can move forward on 
trying to get those research dollars up. It has a significant impact 
for our communities. The chairman was kind enough to agree to speak on 
this and to work with me and to work with my colleagues on ensuring 
that we at least have the discussion about making sure the research 
dollars are there.
  Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
  Mr. MACK. I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, I'm pleased to discuss this matter with 
the gentleman.
  This issue was brought before the committee rather late, after we had 
marked up. The point was made on a bipartisan basis that the 
authorization for this program was not adequate. We accepted the 
authorization change on our bill and supported an increase in the 
authorization, I believe to $30 million.
  The bill is already marked up, and we have funded this program at 
$8.9 million, recognizing that, like a lot of accounts in this bill, 
additional resources are needed. We would be pleased to work with the 
gentleman as the bill moves forward to see how we can augment this 
funding.
  That's a difficult proposition, but we do commit ourselves to looking 
to see how and where we might be able to find some additional resources 
to fund these

[[Page 20586]]

accounts, and we look forward to working with the gentleman in that 
regard.
  Mr. MACK. Reclaiming my time, Mr. Chairman, I thank you for your 
remarks, and I do apologize for the last minute on this. We've been 
kind of trying to look through the language and understand completely 
what was there and what we need to do. We're going to continue to work 
through the authorizing committee as well. I appreciate the chairman's 
support.
  Mr. BUCHANAN. Mr. Chairman, I rise in strong support of the Mack-
Castor-Buchanan amendment to provide critical funding for red tide 
research.
  Red tide threatens our environment, our health and our economy. But 
in recent years, the harmful effects of red tide have killed sea life, 
driven people from our beaches to our emergency rooms, and cost the 
economy millions of dollars in lost revenues.
  This is a problem not just in Florida but in other coastal States.
  Red tide is a naturally occurring phenomenon. Scientists differ on 
whether it is occurring more frequently and for longer periods of time. 
There is also disagreement on whether we should try to kill, contain, 
or minimize the impact of red tide.
  That's why additional research dollars are needed. And that's why I 
support the Mack-Castor-Buchanan amendment.
  My district is home to Mote Marine Laboratory, one of the Nation's 
premier private marine research laboratories. Mote conducts on-going 
red tide research and research related to new methods for early 
detection of red tide, the role of coastal pollution and studies of 
ways to mitigate and control blooms.
  This amendment would fund additional research at places like Mote 
Marine to better understand the issue, and these results of these 
studies can be used to develop better methods to predict and detect red 
tide, and if a consensus can be developed, control and mitigate red 
tide.
  I want to thank my colleagues Connie Mack and Kathy Castor for 
working with me on this important issue.
   Mr. MOLLOHAN. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


                    Amendment Offered by Mr. Jindal

  Mr. JINDAL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Jindal:
       Page 11, line 19, after the dollar amount insert 
     ``(increased by $2,000,000)''.
       Page 21, line 7, after the dollar amount insert ``(reduced 
     by $2,000,000)''.

  Mr. JINDAL. Mr. Chairman, the 2005 hurricane season featured 14 
hurricanes, including Hurricane Katrina, which devastated the gulf 
coast and became the most costly natural disaster in U.S. history. The 
season's hurricanes were responsible for over $100 billion in damage 
and over 1,800 deaths. Both Hurricanes Katrina and Rita devastated my 
home State of Louisiana.
  On August 23, 2005, Hurricane Katrina was nothing more than a mass of 
organized clouds over the Bahamas, but later that day, the storm 
quickly intensified and headed toward the U.S. coastline. Late on 
August 25, the storm made the first landfall just south of Fort 
Lauderdale, Florida, as a category 1 hurricane. By early in the morning 
of August 28, Hurricane Katrina's winds reached a remarkable 175 miles 
per hour, a category 5 storm. Hurricane Katrina seemingly intensified 
overnight from category 3 to a category 5 hurricane.
  Just before Hurricane Katrina made landfall on August 29, NASA's 
QuikSCAT satellite mapped the storm's wind speeds. The data from the 
satellite helped forecasters describe Katrina's dangers in public 
information bulletins issued just before the storm slamming into New 
Orleans. Unfortunately, forecasting efforts may be crippled as data 
from the QuikSCAT satellite will become unavailable as the satellite's 
lifespan expires.
  Measuring a storm's intensity and tracking its direction are critical 
to determining appropriate level of emergency preparedness efforts. 
Forecasters need alternate methods to measure intensity in order to 
convey potential storm damage. In addition to space-based monitoring 
platforms on which hurricane research and forecasting scientists rely, 
new research is now being conducted by NOAA that will allow forecasters 
to recognize rapid changes in intensity much more quickly.

                              {time}  1515

  The National Hurricane Research Initiative has been estimated to have 
an annual cost of as much as $300 million, but will accelerate and 
improve measurement of hurricane wind structure. The President's 2008 
budget request calls for just $2 million in additional studies aimed at 
improving hurricane intensity forecasts, an area that the NOAA 
Administrator claims is one of the agency's key concerns.
  The amendment that I offer to the appropriations bill would double 
the President's increase for NOAA's hurricane intensity research. The 
amendment adds an additional $2 million to improve NOAA's ability to 
forecast hurricane intensity and to provide better and more usable 
information for emergency managers and the public. The activities will 
aid NOAA's operational hurricane forecasters and improve understanding 
of hurricane intensity and changes in storm structure, especially on 
the gulf coast where residents are so sensitive about potential 
evacuations, it would be extremely helpful to have better and more 
accurate information about intensity as well as the direction of a 
storm.
  The offset comes out of salaries and expenses in the General 
Administration for the Department of Justice. This account received 
$104.7 million, which is $6.9 million more than last year's funding 
levels.
  My amendment will reduce errors in the 48-hour hurricane intensity 
forecasting. I urge my colleagues to support my amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, the gentleman seeks to increase by a 
factor of two the hurricane intensity forecast capability.
  There is a lot of concern with regard to this. We certainly are 
extremely sympathetic to the purpose of the amendment. We do not like 
the offset at all.
  I am wondering if the gentleman would, and I will yield to him for a 
discussion of this, if the gentleman would like to work with us and 
secure this funding, do everything we can. I think $2 million we 
certainly can do as we process this bill forward to conference.
  Mr. JINDAL. If the gentleman would yield?
  Mr. MOLLOHAN. I yield.
  Mr. JINDAL. I certainly would be happy to withdraw the amendment. I 
look forward to working with the chairman. I thank him for his interest 
in improving the ability of NOAA and to predict the accuracy and 
intensity of hurricanes as they form along the coast.
  Mr. MOLLOHAN. The gentleman is totally correct. Additional funding in 
this area could be used. We are convinced of that. We look forward to 
working with the gentleman.
  Mr. JINDAL. Mr. Chairman, I withdraw my amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents, Medical 
     Care Act (10 U.S.C. ch. 55), such sums as may be necessary.


                     National Academy of Sciences'

                     climate change study committee

       Of the amounts provided for the ``National Oceanic and 
     Atmospheric Administration, Operations, Research and 
     Facilities'', $6,000,000 shall be for necessary expenses in 
     support of an agreement between the Administrator of the 
     National Oceanic and Atmospheric Administration and the 
     National Academies under which the National Academies shall 
     establish the Climate Change Study Committee to investigate 
     and study the serious and sweeping issues relating to global 
     climate change and make recommendations regarding what steps 
     must be taken and what strategies must be adopted in response 
     to global climate change, including the science and 
     technology challenges thereof.

[[Page 20587]]

       The agreement shall provide for: establishment of and 
     appointment of members to the Climate Change Study Committee 
     by the National Academies; organization by the National 
     Academies of a Summit on Global Climate Change to help define 
     the parameters of the study, not to exceed three days in 
     length and to be attended by preeminent experts on global 
     climate change selected by the National Academies; and 
     issuance of a report by the Climate Change Study Committee 
     not later than 2 years after the date the Climate Change 
     Study Committee is first convened, containing its findings, 
     conclusions, and recommendations. Of such amount, $1,000,000 
     shall be for the Summit on Global Climate Change and 
     $5,000,000 shall be for the other activities of the Climate 
     Change Study Committee.


               procurement, acquisition and construction

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,039,098,000, to remain available until September 30, 2010, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, That of the 
     amounts provided for the National Polar-orbiting Operational 
     Environmental Satellite System, funds shall only be made 
     available on a dollar-for-dollar matching basis with funds 
     provided for the same purpose by the Department of Defense: 
     Provided further, That except to the extent expressly 
     prohibited by any other law, the Department of Defense may 
     delegate procurement functions related to the National Polar-
     orbiting Operational Environmental Satellite System to 
     officials of the Department of Commerce pursuant to section 
     2311 of title 10, United States Code. Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act.


                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $64,825,000, to remain available 
     until September 30, 2009: Provided, That of the funds 
     provided herein the Secretary of Commerce may issue grants to 
     the States of Washington, Oregon, Idaho, California, and 
     Alaska, and the Columbia River and Pacific Coastal Tribes for 
     projects necessary for restoration of salmon and steelhead 
     populations that are listed as threatened or endangered, or 
     identified by a State as at-risk to be so-listed, for 
     maintaining populations necessary for exercise of tribal 
     treaty fishing rights or native subsistence fishing, or for 
     conservation of Pacific coastal salmon and steelhead habitat, 
     based on guidelines to be developed by the Secretary of 
     Commerce: Provided further, That funds disbursed to States 
     shall be subject to a matching requirement of funds or 
     documented in-kind contributions of at least 33 percent of 
     the Federal funds: Provided further, That non-Federal funds 
     provided pursuant to the second proviso be used in direct 
     support of this program.


                      coastal zone management fund

                     (including transfer of funds)

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $3,000,000 shall be transferred to the ``Operations, 
     Research, and Facilities'' account to offset the costs of 
     implementing such Act.


                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2008, obligations of direct loans 
     may not exceed $8,000,000 for Individual Fishing Quota loans 
     as authorized by the Merchant Marine Act, 1936.

                                 Other

                        Departmental Management


                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official entertainment, $58,693,000.


                 Amendment Offered by Ms. Zoe Lofgren 
                             of California

  Ms. ZOE LOFGREN of California. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Zoe Lofgren of California:
       Page 16, line 20, after the dollar amount insert ``(reduced 
     by $25,000,000)''.
       Page 21, line 7, after the dollar amount insert ``(reduced 
     by $25,000,000)''.
       Page 30, line 10, after the dollar amount insert ``(reduced 
     by $5,000,000)''.
       Page 42, line 8, after the dollar amount insert 
     ``(increased by $55,000,000)''.
       Page 43, line 3, after the dollar amount insert 
     ``(increased by $55,000,000)''.
  Ms. ZOE LOFGREN of California (during the reading). Mr. Chairman, I 
ask unanimous consent that the amendment be considered as read and 
printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I offer this amendment 
on behalf of myself, Ms. Linda T. Sanchez of California, Mr. Dreier of 
California, Mr. Hunter, and Mr. Carter of Texas.
  This amendment would increase the State Criminal Alien Assistance 
Program funding by $55 million, a 14-percent increase over the funding 
level currently included in the bill.
  The offset for this increase would be a transfer from three different 
accounts, $25 million from the departmental management of the 
Department of Commerce, $25 million from the Department of 
Administration from the Department of Justice and $5 million from the 
FBI's Construction and Acquisition Fund.
  The State Criminal Alien Assistance Program, or SCAAP, provides 
critical reimbursement to States and localities for the incarceration 
of undocumented criminal aliens. This program was created in 1994 to 
ease the fiscal burden on States and local governments.
  SCAAP had its highest funding relative to authorization in fiscal 
year 1998, 1999 and 2000 under the Clinton administration when $585 
million was appropriated. By increasing SCAAP by $55 million, this 
amendment would bring funding to States and local governments closer to 
the authorized amount. I would note that this would still be under 50 
percent of the authorized amount for SCAAP of 48 percent, in fact. It 
would bring needed assistance to States such as California, Arizona, 
Texas, Florida and New York, all of whom have come to rely on SCAAP 
reimbursement to help absorb the high financial cost of incarceration 
of aliens.
  Over the last 6 months, I have met with many Members of this House, 
both Republican and Democrat, to listen to their concerns about 
immigration as we examined the comprehensive immigration reform 
proposals and various elements of it. One of the issues that was raised 
on both sides of the aisle is the cost of incarcerating undocumented 
criminal aliens that is being passed on to States, counties and other 
localities.
  I would note that this amendment, a modest increase of 14 percent, is 
endorsed by the National Association of Counties, and, likewise, we 
have a letter from 17 Governors who support increased SCAAP funding 
going to their States. These States' Governors include Arizona, 
Oklahoma, South Dakota, Oregon, California, Washington, Utah, Georgia, 
Florida, Kansas, Illinois, Virginia, New Mexico, New York, Minnesota, 
Texas and Nevada.
  This is a good investment for local governments, for our States. It's 
part of shouldering our responsibility, because immigration is a 
Federal responsibility.
  I think it's an item where, on a bipartisan basis, Mr. Dreier and I 
chair our respective State delegations, he the Republican delegation, I 
the Democratic delegation, that we can deliver jointly.
  I respect a great deal, as Mr. Mollohan knows, the chairman of this 
subcommittee. We have worked together on many items. This amendment 
should not be seen as critical of his wonderful efforts, but I think we 
can do just a little bit better, and I think our constituents and 
counties and our constituents and States will appreciate that we are 
doing something to ease the burden of incarcerating illegal immigrants.
  I would note that all of the studies show that immigration is good 
for America. Legal immigration is good for America. It boosts 
productivity. We know that in our high-tech sector, more than half of 
the startups in Silicon Valley have an immigrant cofounder. There is 
much to revel in immigration in America.
  But having said that, there are costs. This is one of them, something 
we can do something about, do something about. This bipartisan 
amendment really deserves the support of us all.
  Mr. Chairman, I yield the remainder of my time to the cosponsor, Ms. 
Linda T. Sanchez of California, noting that the Judiciary Committee on 
which we both serve is the authorizing committee. She has been a true 
partner in this effort.

[[Page 20588]]


  Ms. LINDA T. SANCHEZ of California. Mr. Chairman, I want to thank our 
chairwoman of the subcommittee, Ms. Zoe Lofgren of California, for her 
efforts on behalf of this issue and many others as well.
  I rise today to urge my colleagues to support this bipartisan 
amendment to increase funding for the State Criminal Alien Assistance 
Program, the SCAAP program.
  The CHAIRMAN. The time of the gentlewoman from California (Ms. Zoe 
Lofgren) has expired.
  (On request of Mr. Dreier, and by unanimous consent, Ms. Zoe Lofgren 
of California was allowed to proceed for 2 additional minutes.)
  Ms. ZOE LOFGREN of California. Mr. Chairman, I would yield the 2 
minutes to the gentlewoman from California.
  Ms. LINDA T. SANCHEZ of California. When the Federal Government 
passed SCAAP in 1994, it recognized its responsibility to reimburse 
States and localities for the arrest, incarceration and transportation 
costs associated with criminal aliens.
  Unfortunately, this program has been consistently underfunded. In 
fact, the President's budget proposal for next year provided no funds 
for SCAAP whatsoever. Fortunately, the Appropriations Committee and 
Chairman Mollohan wisely allocated $405 million, $164 million more than 
the current level. However, this is not even enough.
  States and localities are still only getting a small fraction of what 
they are spending. This inadequate funding has had a devastating effect 
on public safety, especially in California and other border States. At 
a time when many States and counties face budget shortfalls, every 
dollar reduced in SCAAP reimbursement means one dollar less to spend on 
essential public safety services.
  Following SCAAP funding cuts in 2003, the L.A. County Sheriff's 
Department was forced to implement a new early release policy for 
inmates convicted of misdemeanors. From a public safety standpoint, it 
is far better for criminals to serve their full sentences.
  Without adequate resources, other programs will have to be scaled 
back or cut all together. Programs that are in jeopardy could include 
basic police protection, anti-gang activities, homicide investigations, 
anti-terrorism activities and rehabilitation programs to reduce 
recidivism. We introduced this amendment to ensure that police chiefs 
and sheriffs do not have to choose between keeping children out of 
gangs and incarcerating criminal aliens.
  I urge my colleagues to support this amendment.
  Mr. DREIER. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. DREIER. Mr. Chairman, I rise in strong support of this amendment.
  I would like to first express my appreciation first to Chairman 
Mollohan and to the gentleman from New Jersey (Mr. Frelinghuysen) and 
to the members of the Appropriations Committee for increasing the level 
of funding within the committee.
  My colleague Mr. Carter, who is a coauthor of this amendment and was 
involved in this, in the work of the Appropriations Committee, I have 
to finally say we brought the level of the committee funding to exactly 
$405 million, which is where we actually had it last year.
  I would say I was very pleased in working with then-chairman Jerry 
Lewis and other members of the Appropriations Committee in the 109th 
Congress to add an additional $50 million to the State Criminal Alien 
Assistance Program. We got to that $405 million level. This year we are 
at the same level thanks to the work of Messrs. Mollohan, 
Frelinghuysen, Carter, and others who have been involved in this.
  This was an issue that actually came to the forefront in 1994 when a 
number of us felt very strongly about the fact that cities, counties 
and States are not responsible for protecting international borders. It 
is the responsibility of the Federal Government to secure our Nation's 
borders.
  It saddens me greatly that here we are, 13 years later, still 
struggling with the issue of securing our borders. Ms. Zoe Lofgren, the 
distinguished Chair of the Judiciary Subcommittee on Immigration, has 
spent a great deal of time reaching out to me and others working on our 
effort to try to deal with this issue of border security and bringing 
an end to illegal immigration.
  I will say that we haven't gotten there yet, as we found from the 
actions or lack of actions so far in the other body, and, frankly, in 
this House as well, on the issue. What we do know is it is still the 
responsibility of the Federal Government to secure our Nation's 
borders. That is why we should not, as a Federal Government, be 
imposing on cities, townships, counties or States the responsibility 
for incarcerating those who have come into this country illegally and 
have committed crimes against our fellow Americans.

                              {time}  1530

  I happen to live in Los Angeles County, and our county alone, the 
cost for incarcerating people who are in this country illegally and 
have committed crimes is in excess of $150 million a year.
  The level of funding in this program is $405 million right now. If we 
are successful, which I suspect we will be, with passage of this 
amendment, we will add $55 million taken from accounts which I know 
concern the distinguished ranking member and I suspect the chairman as 
well, deal with the $5 million from the construction fund for the 
Federal Bureau of Investigation, and the administrative funds in both 
the Department of Commerce and the Department of Justice.
  Mr. Chairman, we feel very strongly that as we look at the challenge 
of securing our borders, of ending illegal immigration, and of 
creating, creating a degree of equity when we look at the costs 
inflicted on local and State taxpayers, we need to pass this amendment.
  We know that as we look at the challenges ahead, the costs are going 
to continue to be very, very high, as I said, with my county alone at 
$150 million. And the total program will end up, assuming passage of 
this amendment, to be $460 million for the entire country. We still 
have a ways to go.
  I was very pleased, Mr. Chairman, in the 109th Congress, as I said, 
to have offered this amendment. I was hoping in the 109th Congress to 
have built the kind of bipartisan support that we enjoy for this 
amendment. I was saddened that we weren't able to do that, but we were 
nevertheless able to succeed in passing that and at the end of the day 
actually have that funding level increased. But as the problem 
continues, it is essential that we step up to the plate and take on our 
responsibility for dealing with this issue.
  So once again, Mr. Chairman, I express my appreciation to all 
involved. The lead author of this amendment, Ms. Zoe Lofgren, has 
worked, as I said, on the immigration issue for a long period of time, 
and I believe that she is going a long way towards addressing this 
question.
  The CHAIRMAN. The time of the gentleman from California has expired.
  (By unanimous consent, Mr. Dreier was allowed to proceed for 3 
additional minutes.)
  Mr. DREIER. Mr. Chairman, I am happy to yield time to my friend from 
Texas, a member of the Appropriations Committee who has worked very, 
very hard on this, Judge Carter.
  Mr. CARTER. I thank my friend for yielding, and I thank both the 
chairman and ranking member of my committee.
  I bring to this discussion and this bipartisan support, I hope, the 
perspective of having been in the trenches and having dealt with this 
issue.
  I can't count on all the digits that I have the number of times that 
I have sat in a meeting of the Williamson County law enforcement group 
about the overcrowdedness of our jail in Williamson County, Texas, now 
a county of about 350,000 people.
  We always look to see how many Federal prisoners we had in our jail, 
and always we would see 22 to 30 percent of these people would be what 
we considered Federal prisoners, illegal

[[Page 20589]]

aliens, that had committed crimes. Now, yes, this is an immigration 
issue. Yes, it is a border protection issue. And these are issues that 
we all agree we must address. We will, I am confident, address them. 
But it is also a law enforcement issue. It is an issue that our people 
who enforce our laws at the local level and do the right thing, take 
them to court, try them, convict them, hold them while they are ready 
for trial, have space taken up by a responsibility of our Federal 
Government. And what we are doing here today is providing resources for 
those local people so that they can do their job and enforce the laws 
of the United States and of our various States.
  This is a good use of our money to assist our locals, counties, 
States, and other authorities that have this duty of enforcing our laws 
in America, to help them do their job so we are not burdening the 
taxpayer at the local level and shifting funds from good things that 
keep our communities safe in order to keep these people in jail. And, 
believe me, they will do what it takes to keep them in jail.
  So, therefore, let's do our job. Let's pass this additional funds for 
helping those who would incarcerate criminals on our behalf, and by 
that, I think we will be doing a good thing for our country.
  Mr. DREIER. Mr. Chairman, let me express my appreciation to the 
gentleman from Texas and, again, congratulate him on the hard work that 
he has put in this effort. His judicial experience is such that he 
understands this problem as well as any Member of this body. And I will 
join again of my California colleagues, Ms. Sanchez and Ms. Zoe 
Lofgren, that I do believe that recognition now that we can do this in 
a bipartisan way is a very, very, very important achievement for this 
institution.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment. 
And I want to begin by saying I am very impressed by the bipartisan 
presentation by the representatives from California, all of whom I 
respect very highly and many of whom I work very closely with.
  Let me start off by saying their support for increasing SCAAP is not 
misplaced on its merits. Indeed, I am struck by the fact that their 
efforts on a bipartisan basis are evidence, pretty strong evidence, of 
inadequate funding, certainly in the request of the President. We have 
increased SCAAP by multi-billions of dollars, as we have already said, 
above the President's request. But the one argument against the bill 
that comes from the minority side is that we have too much money in 
this bill to fund the priorities in this bill.
  I think this amendment is evidence in an argument against that 
position. There is not too much money in this bill to fund the 
priorities in this bill, and SCAAP is certainly a priority.
  Let me help those who are moving this amendment with their argument. 
Certified requests for reimbursement to this SCAAP account from the 
jails, the sheriffs, and the State prison systems would demonstrate or 
would evidence the fact that there is twice the certified merit for 
reimbursement of this program than this program has funded.
  In other words, we are only having 50 percent of the money that is in 
the bill. And even if we raise it, it is virtually not increased much 
more. We are only funding 50 percent of the certified demand for this 
program in this bill. Well, that is not unusual. There are a number of 
programs in this bill that certifiably we are only meeting 50 percent 
of the need.
  When I was before the Rules Committee, the distinguished gentleman, 
Mr. Dreier from California, talked about our increase in funding for 
Legal Services. Well, we have increased Legal Services by $28 million 
in this bill to $377 million. And there is a study that was recently 
completed, a credible study that we are only serving 50 percent, just 
coincidentally, of the demand of people across the country who need 
legal services, but because of their financial condition cannot access 
the courts of this land. Now, that is meritorious.
  It is meritorious, I believe, that we have a program, Legal Services 
Corporation, that meets that need and allows people to access the legal 
system. If equal protection under the law means anything, it means 
equal access to the law. So we have a legal services program to do 
that, but it is only 50 percent adequate in its funding. Well, SCAAP is 
only 50 percent. So we all have to sacrifice here, and this is a 
reimbursement program to States and local governments that are 
incarcerating illegal aliens. It is meritorious. So is Legal Services. 
I am just saying that the funding is inadequate, Mr. Chairman, and that 
we need additional resources in this bill.
  So now we are down to prioritizing, and we think that we have done a 
good job in crafting the priorities of this bill. We are funding Legal 
Services at 50 percent. Legal Services' high watermark in 1995 was $400 
million. We are not there, but SCAAP is there. We are not there. We are 
not back there. We are at $377 million in this bill.
  SCAAP is not disadvantaged in this bill. Relatively speaking, look 
back over the years. In 2005, SCAAP was funded at $305 million. From 
2005 to 2006, it jumped to $405 million. Why? Because of the good 
efforts of the distinguished chairman of the Appropriations Committee 
at the time, Chairman Lewis, and the chairman of the Rules Committee at 
the time, Mr. Dreier, to effect an increase of $100 million.
  So if you go off the base of 2005 of $305 million, Legal Services was 
increased to $405 million; we funded it at $375 million. At full 
committee, it was increased back up to $405 million. It is where it 
was. It is where it was last year. Relatively speaking, off of that 
2005 base, SCAAP is enjoying a privileged position in this bill of 
strongly competing programs which rate merit.
  So now where is the offset? So I am just saying, admitting, 
acknowledging, stipulating to SCAAP being underfunded, along with a lot 
of programs, State and local programs, as well as agency programs in 
this bill.
  The CHAIRMAN. The gentleman's time has expired.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word and 
to yield 2 minutes to my chairman.
  The CHAIRMAN. The gentleman from New Jersey is recognized for 5 
minutes and yields 2 minutes.
  Mr. MOLLOHAN. I thank my distinguished ranking member, Mr. 
Frelinghuysen.
  Since we are talking about increasing inadequate funding in the bill, 
Mr. Chairman, let me explain that in our law enforcement agencies, we 
had a gap in the funding of the bill versus the need. The Department of 
Justice faced the challenge to fill authorized positions in all of its 
components, and partly as a result of chronic gaps between the funding 
requested by the President and the appropriation for these 
administration accounts and the true cost of paying for raises. We had 
going into this bill, underfunding in the Department of Justice, which 
we have tried very hard to address.
  The offsets for funding SCAAP in this amendment impact those 
administration accounts in Justice and in Commerce. These are real 
people doing real jobs, and we have very carefully funded them. These 
accounts are underfunded by the President, just like SCAAP and just 
like Legal Services are underfunded. We have tried to balance 
priorities as we move forward, and there are lots of people concerned 
about these offsets.
  This amendment proposes to offset $25 million in the S&E accounts for 
the Department of Commerce. Commerce runs good programs. The amendment 
proposes to offset $25 million in the Department of Justice for general 
administration. The Department of Justice has a lot of programs to 
administer, and many are State and local programs which distribute 
those funds to our local law enforcement. We can't cut either program 
by $25 million. This would hurt real people with real jobs. We are not 
funding overemployment in

[[Page 20590]]

these agencies and we are not funding salary increases at adequate 
levels, either.
  A lot of folks are concerned about this, and that is why we tried to 
balance the bill fairly. The folks that are going to be RIFed and laid 
off are government employees and are concerned about it. Their union 
representatives, the American Federation of Government Employees, AFL-
CIO, are concerned about amendments such as this one and they have 
written us a letter:
  ``Dear Chairman Mollohan, On behalf of the American Federation of 
Government Employees, AFL-CIO, I strongly urge you to oppose any 
amendments that would substantially reduce fiscal year 2008 funding for 
the salaries and expenses account in the Department of Justice 
agencies.'' And they are concerned about the others besides Commerce 
and Justice as well. These offsets have cavalierly, I would say, 
respectfully, targeted these administrative accounts.
  I thank my ranking member for yielding me time. I respectfully engage 
this debate with my colleagues who I respect, and it brings me to 
respectfully opposing this SCAAP amendment. If our bill were to receive 
any more money, and I note that the Senate has $800 million more, maybe 
we can address these concerns in conference.
  Mr. FRELINGHUYSEN. Mr. Chairman, I reluctantly oppose the amendment 
as well. And obviously we have a strong appreciation and affection for 
the power and the reasonableness of the delegations from California and 
Texas. The nexus between Texas and California is a pretty strong nexus 
here.
  And I am supportive of SCAAP. I think Mr. Dreier kindly has 
acknowledged that the committee did put money in there through a Honda 
amendment, and obviously we would like to plus it up. The costs have 
somewhat escalated from what we originally anticipated from the floor 
debate here.
  But I would agree with the chairman. The cuts that are proposed from 
these accounts actually affect real people.

                              {time}  1545

  And in the Commerce Department management account, and I know Mr. 
Dreier is an advocate of trade, it's a 40 percent cut in the management 
account for the Department of Commerce, which leaves them with 60 
percent for operating costs. And for the Justice Department general 
account, which is $104 million, $104.8 million, this account is reduced 
by $25 million. They're down to $79 million. That means people out the 
door who are doing prosecutions that are important to all of us, 
perhaps even related to the issues that we're focused on today, which 
is criminal aliens.
  So I reluctantly oppose the amendment, but certainly am sympathetic 
and have been because I've been well educated by not only the Member of 
Congress from California.
  The CHAIRMAN. The time of the gentleman from New Jersey has expired.
  (On request of Mr. Dreier, and by unanimous consent, Mr. 
Frelinghuysen was allowed to proceed for 3 additional minutes.)
  Mr. FRELINGHUYSEN. Mr. Chairman, the gentleman from California is 
kind to yield to me. I reluctantly oppose the amendment.
  Mr. DREIER. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentleman from California.
  Mr. DREIER. I thank my friend for yielding. And, Mr. Chairman, I will 
again state my great appreciation to the distinguished chairman from 
West Virginia and the gentleman from New Jersey. And the gentleman from 
New Jersey has just bragged on the States of Texas and California, and 
I will reciprocate by bragging on both New Jersey and West Virginia and 
saying that they're both great and very important States.
  And I suspect that in West Virginia and New Jersey, the challenge of 
trying to deal with the cost of the incarceration of people who are in 
this country illegally and have committed crimes is a very serious and 
important one, and I recognize the sensitivity.
  I personally am not a huge proponent, as I said earlier in response 
to the distinguished chairman of the subcommittee's comments on the 
Legal Services Corporation when he was testifying before our Rules 
Committee. And as I look at the numbers for both of these accounts, and 
I know that my friend from New Jersey, when the chairman and the 
ranking member were testifying before the Rules Committee, argued for a 
slightly, he said that he believed that the level overall could be 
slightly lower. And I looked at the level of funding, and the gentleman 
is absolutely right. I am a huge proponent of trade, breaking down 
barriers, and I want to do everything that I possibly can to expand 
export opportunities for the United States around the world.
  But as I look at the level of funding, Mr. Chairman, for both the 
Department of Commerce and the Department of Justice, the Department of 
Commerce actually has a 7 percent increase over the President's 
request, 6 percent of the level of funding last year. That's $468 
million more than has been requested by the President, and that's in 
the case of the Commerce Department. In the case of the Department of 
Justice, it's $1.7 billion more than the President has requested.
  Now, in both of these areas we know that the President is absolutely 
committed to dealing with the crime problem, which is a very serious 
one, and obviously with the issue of expanding trade opportunities. And 
the overall level of funding in both of these areas is significantly 
higher than what was expended last year and what the President's 
request level is.
  And I think that as we look at establishing priorities, it, from my 
perspective, is relatively, relatively, and I'll say that a third time, 
relatively easy. And I know how tough it is for the two gentlemen who 
manage this area to find that State Criminal Alien Assistance Program 
funding is, in fact, a very high priority for both Democrats and 
Republicans, as I said, for people in both West Virginia and New 
Jersey, as well as California and Texas and, frankly, all across the 
country. And so I would hope that as we move ahead with this process, 
that we'll see support in this House for this amendment.
  And I know that as the two gentlemen head to working with our 
colleagues in the other body and ultimately with the administration, I 
hope that we will be able to keep this issue on the forefront as a very 
important priority.
  Mr. FRELINGHUYSEN. I yield back, Mr. Chairman.


                      Announcement by the Chairman

  The CHAIRMAN. Members are advised that under the 5-minute rule, 
Members who move to strike the last word may yield to other Members, 
but not for specific lengths of time. When the Chair purported to 
recognize Mr. Mollohan for 2 minutes, in actuality that signified only 
that Mr. Frelinghuysen would reclaim his time after that interval.
  The question is on the amendment offered by the gentlewoman from 
California (Ms. Zoe Lofgren).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. MOLLOHAN. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from California will be 
postponed.


            Amendment No. 26 Offered by Mr. Price of Georgia

  Mr. PRICE of Georgia. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 26 offered by Mr. Price of Georgia:
       Page 16, line 20, after the dollar amount insert ``(reduced 
     by $2,000,000)''.
       Page 65, line 21, after the dollar amount insert 
     ``(increased by $2,000,000)''.

  Mr. PRICE of Georgia. Mr. Chairman, this is an amendment in a little 
different vein. It's an amendment to increase funding in the Math and 
Science

[[Page 20591]]

Partnership Program under the National Science Foundation by $2 
million, and reduce by $2 million the Department management salaries 
and expenses under the Department of Commerce.
  I'll offer an amendment here to increase American competitiveness and 
to improve opportunities for America's children. My amendment proposes 
to offer additional funding to the Math-Science Partnership Program 
under the National Science Foundation. We must fund important 
priorities to ensure that our Nation continues to see positive growth 
in our youth in the area of math and science.
  In my home State of Georgia, I recently had the opportunity to join 
over 25,000 students and teachers and researchers from 31 different 
countries at the Georgia Dome for the FIRST competition. The FIRST, as 
many of my colleagues know, stands for For Inspiration and Recognition 
of Science and Technology. It's a robotics competition. If any of my 
colleagues haven't been to a robotics competition, I encourage them to 
go see one. It is a remarkable experience.
  I was extremely impressed with the level of enthusiasm and the 
remarkable educational benefit with this type of an initiative that's 
provided to thousands of American students. We should continue to 
promote this and other similar programs throughout the Nation.
  I'm sure that my colleagues recognize the significance of promoting a 
strong interest in math and science and technology education. These 
fields of learning and research are vital to our country's continued 
success. In fact, investment in basic research and programs like this 
is an essential element in assuring future prosperity, security and 
leadership in our rapidly evolving world.
  The National Science Foundation has a mission to achieve excellence 
in science and technology, engineering and mathematics educational at 
all levels and all settings, from kindergarten through postdoctoral 
training. One of the most important successful initiatives under the 
NSF is the Math and Science Partnership Program, established in 2002, 
to strengthen and reform mathematics and science education for children 
around the Nation.
  It's important to offer children guidance and examples set by mentors 
and role models, and provide students the opportunity to learn about 
the importance of higher education, and they're exposed to career 
options, especially from those folks who love and are enthusiastic 
about science and engineering and mathematics.
  Under this commendable program, each State administers its own 
competitive grant program for institutions of higher education, K-12 
schools and local partners.
  In addition, the MSP program focuses on raising educational standards 
to prepare children for postsecondary education in math, science or 
engineering.
  This program is worthy of additional funding because of its positive 
results for improving math and science skills which are vital for a 
developing workforce that's capable of increasing America's 
competitiveness internationally.
  All jobs of the future will require a basic understanding of math and 
science. In fact, the 10-year employment projections showed that of the 
20 fastest-growing occupations, 15 of them require significant math and 
science preparation.
  This small adjustment is a symbol of our greater commitment to STEM 
education programs. Support for these programs is vital for the 
continued success of our children, our citizens and our Nation, and I 
encourage my colleagues to support the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. I move to strike the last word, Mr. Chairman.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I find myself agreeing with everything 
the gentleman has argued, and at the same time being, unfortunately, 
opposed to his amendment.
  It's hard for any of us to argue or to have a desire in our hearts to 
do anything but increase the National Science Foundation. We all 
understand what good work it does.
  NSF provides competitive, peer-reviewed granting that translates into 
cutting-edge research that is the foundation for the future economic 
viability of the Nation. Our economy is increasingly becoming an 
international one, and we have to be on the cutting edge.
  That's why we have funded NSF at a rate that guarantees its doubling 
in a 10-year time span. We embrace and salute the doubling and have 
been responsive to that need that is expressed by members and the 
community.
  Nothing is more important than funding education, and increasing NSF 
and its ability to develop and implement programs to facilitate 
education and to incentivize our best and brightest young people to go 
into math and science, and to choose those careers. That's what NSF 
does very well. The gentleman wants to facilitate that by augmenting 
our funding in the education accounts for math and science 
partnerships. I commend him for the initiative.
  I oppose the amendment because we have funded the Math and Science 
Partnership Program. We increase it significantly in our bill, and I'm 
sure the gentleman knows that. We increased it $20 million over the 
President's request of $46 million for a total of $66 million. That's a 
43 percent increase. And I will say that not only is it a generous 
increase, but perhaps it's an increase they need time to absorb.
  The fact is that we have significantly increased Math and Science 
Partnerships $20 million over the President's request, funding it at 
$66 million.
  Where does the offset money come from? It comes from Commerce. For 
every one million dollars that you offset in these administration 
accounts, at least seven people would be laid off. We're not funding 
these administrative and S&E accounts with the idea that we can use 
this funding for amendments on the floor. We're funding these accounts 
at the requested level or at the levels that we've discerned are 
adequate pursuant to information that we've received in our hearings. 
We're on the level with funding in these administration accounts. 
Again, I think these offsets are cavalier. No matter how meritorious 
the object of the funding increase, it's cavalier to cut S&E accounts.
  The employees are saying, help. Time out. Stop. Their organizations, 
like the American Federation of Government Employees, AFL-CIO, are 
writing to us. They're saying, please stop invading these 
administrative accounts.
  With that comment, Mr. Chairman, I yield to my distinguished ranking 
member.
  Mr. FRELINGHUYSEN. Mr. Chairman, let me join with you in 
congratulating Mr. Price for pushing something which the committee has 
pushed, which is promoting math and science, especially encouraging 
young women to get into those pursuits and academics.
  Mr. Price has indicated to me that he would be willing to withdraw 
his amendment if he had a commitment from us that we would work hard as 
we progress in putting our bill together matching it with the Senate to 
see what we could do to increase these accounts.
  I should point out that we are doing more, as you have noted, for the 
National Science Foundation.
  The CHAIRMAN. The gentleman's time has expired.
  (By unanimous consent, Mr. Mollohan was allowed to proceed for 1 
additional minute.)
  Mr. MOLLOHAN. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Thank you, Mr. Chairman.
  But our committee reverberates in every sense. It is an echo chamber 
that not only NSF, but NOAA, NASA, and all of these agencies ought to 
be promoting math and science education. So I will be happy to work 
with you.
  Mr. PRICE of Georgia. I thank my friend from New Jersey, and I 
appreciate the chairman's comments, and I

[[Page 20592]]

appreciate what the committee has done in terms of bumping up this 
money. I'm so impressed with the opportunities that children can have 
with appropriate programs like the FIRST program and like the math and 
science program.
  I look forward to working with you as we move forward through this 
process to make certain that we're bringing all the resources to bear 
to be able to give our kids the greatest opportunity in the area of 
math and science.
  Mr. MOLLOHAN. With that representation, I'll be extremely pleased to 
work with the gentleman in that regard.
  Mr. PRICE of Georgia. Mr. Chairman, I ask unanimous consent to 
withdraw the amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.

                              {time}  1600

  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                   hchb renovation and modernization

       For expenses necessary for the renovation and modernization 
     of the Herbert C. Hoover Building, $3,364,000, to remain 
     available until expended.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $23,426,000.


  national intellectual property law enforcement coordination council

       For necessary expenses of the National Intellectual 
     Property Law Enforcement Coordination Council to coordinate 
     domestic and international intellectual property protection 
     and law enforcement relating to intellectual property among 
     Federal and foreign entities, $1,000,000, to remain available 
     until September 30, 2009.

               General Provisions--Department of Commerce


                     (including transfer of funds)

       Sec. 101. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902.
       Sec. 103. Not to exceed five percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than ten percent by any such transfers: Provided, 
     That any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committee on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce.
       Sec. 104. Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105. Section 3315b of title 19, U.S.C., is amended by 
     inserting ``, including food when sequestered,'' following 
     ``for the establishment and operations of the United States 
     Section and for the payment of the United States share of the 
     expenses''.
       Sec. 106. Section 214 of division B, Public Law 108-447 
     (118 Stat. 2884-86) is amended by:
       (1) inserting ``and subject to subsection (f)'' after 
     ``program'' in subsection (a); and
       (2) deleting subsection (f) and inserting the following:
       ``(f) Funding.--There are authorized to be appropriated to 
     carry out the provisions of this section, up to $4,000,000 
     annually.''.
       Sec. 107. (a) Section 318 of the National Marine 
     Sanctuaries Act (16 U.S.C. 1445c) is amended by:
       (1) inserting ``and subject to subsection (e)'' following 
     the word ``program'' in subsection (a); and
       (2) deleting subsection (e) and inserting:
       ``(e) Funding.--There are authorized to be appropriated to 
     the Secretary of Commerce up to $500,000 annually, to carry 
     out the provisions of this section.''.
       (b) Section 210 of the Department of Commerce and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-553) is 
     repealed.
       Sec. 108. Notwithstanding the requirements of subsection 
     (d) of section 4703 of title 5, United States Code, the 
     personnel management demonstration project established by the 
     Department of Commerce pursuant to such section 4703 may be 
     expanded to involve more than 5,000 individuals, and is 
     extended indefinitely.
       Sec. 109. (a) The Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3701 et seq.) is amended by striking 
     section 5 and paragraphs (1) and (3) of section 4, and 
     redesignating paragraphs (2) and (4) through (13) of section 
     4 as paragraphs (1) through (11), respectively.
       (b) Section 212(b) of the National Technical Information 
     Act of 1988 (15 U.S.C. 3704b) is amended by striking ``Under 
     Secretary of Commerce for Technology'' and inserting 
     ``Director of the National Institute of Standards and 
     Technology''.

                    TITLE II--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $104,777,000, of which not to exceed 
     $3,317,000 is for security for and construction of Department 
     of Justice facilities, to remain available until expended: 
     Provided, That not to exceed 45 permanent positions, 46 full-
     time equivalent workyears, and $12,684,000 shall be expended 
     for the Department Leadership Program: Provided further, That 
     not to exceed 24 permanent positions, 24 full-time equivalent 
     workyears, and $3,734,000 shall be expended for the Office of 
     Legislative Affairs: Provided further, That not to exceed 22 
     permanent positions, 22 full-time equivalent workyears, and 
     $2,968,000 shall be expended for the Office of Public 
     Affairs: Provided further, That the latter two aforementioned 
     offices may utilize non-reimbursable details of career 
     employees within the caps described in the preceding two 
     provisos.

  Mr. MURPHY of Connecticut. Mr. Chairman, I move to strike the last 
word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. MURPHY of Connecticut. Mr. Chairman, it had been previously the 
intention of Mr. Platts and myself to offer an amendment to title II of 
the bill. In discussions with the chairman, we will not be offering 
that amendment today, but I rise to speak briefly on an issue that I 
know is of great importance to Chairman Mollohan, and that is the issue 
of juvenile justice.
  Mr. Chairman, I would like to thank Chairman Mollohan for his 
incredibly hard work on this bill. I am particularly glad that the bill 
contains a significant increase for the Department of Justice's Office 
of Juvenile Justice and Delinquency Prevention. At $400 million, the 
OJJDP saw a $62 million increase from last year's level. It received 
$120 million more than the President requested in his budget. It would 
be hard to overstate how meaningful these increases are going to be to 
the juvenile justice community.
  The amendment that Mr. Platts and I were going to offer today would 
have increased the Juvenile Justice Title II State Formula Grants by $5 
million. States rely on these grants to achieve and maintain compliance 
with the core requirements and protections of the Juvenile Justice 
Delinquency Prevention Act. These requirements protect children who 
become involved with the courts and ensure that the treatment and 
services they receive are appropriate for their age, their stage of 
development, and are suited to their specific offense.
  Mr. Chairman, when I was in the State legislature, I had the great 
honor of working on issues related to juvenile justice, and we made 
great strides in Connecticut in terms of bringing more appropriate care 
to children in our juvenile justice system and really moving from 
simply punishment and towards prevention and rehabilitation. These kids 
don't have lobbyists. Many of them don't even have a home. And as a 
result, they are often forgotten and voiceless in the halls of State 
legislatures and here in Congress. Mr.

[[Page 20593]]

Mollohan and his office have sought to bring a voice back to these 
children, and I hope that we can build on that.
  Since 2002, States have seen an 11 percent decrease in State formula 
grants authorized under the JJDPA, meaning that States have had fewer 
resources with which to keep kids safe and handle their cases 
appropriately. States use these formula grants to divert status 
offenders away from jails and towards appropriate community-based 
programs to assist them and their families. Status offenders are 
children under the age of 8 who have committed acts that would 
otherwise not be considered crimes if they were adults, like skipping 
school, running away from home, and the possession or use of tobacco. 
Status offenders may not be held in secure detention or confinement, 
with a few exceptions.
  States also use these funds to monitor adult lockups and ensure that 
youth are housed in age-appropriate settings. They enact mandates that 
youth may not be detained in adult jails and lockups. When children are 
placed in adult jails or lockups for any period of time, sight and 
sound contact with adults is prohibited.
  States across the Nation are using these funds for very innovative 
programs to provide children with much more appropriate care. There is 
very little political utility in State legislatures and here in 
Congress to stand up for children who have gotten into our criminal 
justice system, but these funds are used to give these children another 
shot at success in life.
  I am glad to be joined by Mr. Platts from Pennsylvania, who was going 
to cosponsor this amendment, and I would be glad to yield to him at 
this time.
  Mr. PLATTS. Mr. Chairman, I will quickly just say that I am honored 
to have joined with the gentleman from Connecticut in offering this 
amendment. I want to commend him for his leadership both in the State 
legislature and now here in Washington on issues important to our 
Nation's youth.
  I also want to reference I am the ranking member of the Healthy 
Families and Communities Subcommittee of the Committee on Education. 
And our chairwoman, Chairwoman McCarthy, has been a great leader this 
year on issues dealing with juvenile justice and the needs of our 
youth. And I just appreciate the efforts here in trying to strengthen 
our juvenile justice system and our treatment programs so that our 
youth get the services, the treatments they need as well, as the 
appropriate imposition of justice based on their age and stage of 
development. And that is what this amendment sought to do.
  I very much appreciate the chairman of the subcommittee and the 
ranking member for their efforts in addressing the funding needs of 
this area and their efforts to work with the gentleman from Connecticut 
and me and others as we go forward to strengthen the funding for these 
very important programs so we can do right by the youth of our Nation 
and help those who are troubled and get into difficulties with the law 
to be treated and be rehabilitated and, as the title of the underlying 
act, the Juvenile Justice Delinquency Prevention Act, to prevent 
delinquency in the years to come.
  So, again, I appreciate the gentleman from Connecticut's leadership 
on this issue.
  Mr. MURPHY of Connecticut. Mr. Chairman, I thank Mr. Platts again. 
And I would like to thank Mr. Mollohan for his commitment to this 
issue. This is a very important increase in the underlying bill in 
juvenile justice funds. I know he is committed to continuing that 
upward trend. That is going to mean a great deal to the children who 
have ban caught in our juvenile justice system and still have a great 
opportunity to be productive members of society once their time is 
served.
  The CHAIRMAN. The time of the gentleman from Connecticut has expired.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Our bill demonstrates an upward trend in juvenile 
justice programs, indeed, Mr. Chairman. That has been a real focus and 
priority of this subcommittee as we have marked up the bill.
  We have increased funding in juvenile justice programs $120 million 
over the President's request, and that is $62 million over 2007 
funding. Why? Because of efforts from Members like Mr. Murphy, who has 
been all over this issue, and I value very much his expertise as he has 
communicated with the subcommittee. He has expressed his concerns about 
juvenile justice, about the problems that these programs address; and 
he is really to be commended. He has also made it clear that Mr. Platts 
has been very active in this effort as his colleague, and I commend Mr. 
Platts as well.
  We look forward to working with them as we move this bill forward, 
but also in future years to ensure that the juvenile justice programs 
not only are funded appropriately but also that they are focused as 
they should be so that we make sure this funding is spent to maximize 
not only its efficiency but its effectiveness.
  So, Mr. Platts, Mr. Murphy, we thank you for your assistance with 
regard to this issue, and we look forward to working with you.


                   Amendment Offered by Mrs. Biggert

  Mrs. BIGGERT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Biggert:
        Page 21, line 7, insert after the dollar amount ``(reduced 
     by $6,250,000)''.
       Page 25, line 12, insert after the dollar amount 
     ``(increased by $750,000)''.
       Page 29, line 19, insert after the dollar amount 
     ``(increased by $5,500,000)''.

  Mrs. BIGGERT. Mr. Chairman, I offer an amendment with my colleague 
from Florida (Ms. Ginny Brown-Waite) to the fiscal year 2008 
appropriations bill to help the Department of Justice crack down on 
mortgage fraud.
  This amendment will increase funding to allow the Department of 
Justice to secure two additional prosecutors, enable the FBI to hire 30 
additional agents, and support the FBI's interagency task force 
operations to combat mortgage fraud.
  Mr. OBEY. Mr. Chairman, will the gentlewoman yield?
  Mrs. BIGGERT. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I understand what the gentlewoman wants to do 
in terms of mortgage problems, and I understand that the source of her 
money, the offset, is from general administration for the Department of 
Justice.
  Mrs. BIGGERT. That is correct.
  Mr. OBEY. And given the performance of the Attorney General in the 
other body yesterday, I see no great harm in taking $6 million away 
from him; so I would be happy to accept your amendment.
  Mrs. BIGGERT. I thank the gentleman.
  Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I rise today in 
strong support of the Biggert-Brown-Waite amendment to H.R. 3093, the 
Commerce, Justice, and Science Appropriations bill.
  Our amendment is vital in the FBI's efforts to crack down on the 
rampant mortgage fraud in our Nation.
  FBI research showed over 3,000 reported incidents of mortgage fraud 
in 2000, but more than 37,000 in 2006.
  This shocking, 10-fold increase shows that predators are hitting more 
and more homeowners in all walks of life--from first-time homebuyers to 
seniors.
  My great State of Florida reported the highest incidents of mortgage 
fraud in 2006, followed closely by California, Michigan, and Georgia.
  The FBI's fraud caseload is growing dramatically, but the funds in 
this bill do not go far enough to keep pace.
  Our amendment transfers $6.25 million from the Department of 
Justice's General Administration account to the Offices of the United 
States Attorney and the FBI.
  These funds will help provide additional staffing and resources so 
the FBI can get an adequate handle on these growing cases and bring 
relief to Americans who, in trying to achieve their dream of owning a 
home, have instead experienced their greatest nightmare.
  I urge my colleagues to support the Biggert-Brown- Waite amendment.
  Mrs. BIGGERT. Mr. Chairman, I yield back the balance of my time.

[[Page 20594]]

  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Illinois (Mrs. Biggert).
  The amendment was agreed to.


                    Amendment Offered by Mr. Weiner

  Mr. WEINER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Weiner:

       Page 21, line 7, insert ``(reduced by $4,500,000)'' after 
     the dollar amount.
       Page 21, line 26, insert ``(reduced by $4,125,000)'' after 
     the dollar amount.
       Page 22, line 9, insert ``(reduced by $3,375,000)'' after 
     the dollar amount.
       Page 22, line 19, insert ``(reduced by $10,500,000)'' after 
     the dollar amount.
       Page 22, line 25, insert ``(reduced by $52,500,000)'' after 
     the dollar amount.
       Page 46, line 6, insert ``(increased by $75,000,000)'' 
     after the dollar amount.
       Page 47, line 24, insert ``(increased by $75,000,000)'' 
     after the dollar amount.

  Mr. WEINER. Mr. Chairman, for those viewers of this debate each year 
and for my colleagues who think that really very little had changed 
when the House of Representatives changed from majority Republican to 
majority Democrat, we are seeing in this bill very profound changes in 
policy in this country, and none is more profound than the difference 
in the approach to the COPS program. This year's bill has $100 million 
for hiring in the COPS program.
  In the COPS program, as many of you know, more than 100,000 police 
officers in small towns, big cities throughout the country were hired 
in the period beginning in 1995. Yet shortly after the beginning of the 
Bush administration, the COPS program was slashed and slashed and 
slashed to essentially die on the vine.
  As you see in this chart, in 1995 you had in the neighborhood of 
20,000 cops being hired each and every year. In 2005 and 2006, 2007, it 
was down to zero.
  In this year's bill, to the enduring credit of the chairman and 
ranking member and members of the committee, this is now being funded 
at $100 million. That is going to allow us an opportunity to hire many, 
many more police officers.
  Now, we have also, in the first couple of months of the new Congress, 
passed a reauthorization of the COPS program for another 50,000 cops on 
the beat. Now, it has gone to the other side of this building. It has 
gone to the other body and seems to be doing what so much legislation 
does, and that is dying a slow, excruciating death. They say the other 
body is the ``cooling saucer of democracy.'' They have turned into the 
deep freeze when it comes to many of the things that this House is 
doing.
  But what this amendment seeks to do is to say let's take that success 
and let's take it even further. This is one of the programs, the COPS 
program, it is democratic with a small ``d.'' If you are in a small 
town, conservative neighborhood, you have gotten COPS. If you are in a 
big city like mine, you have gotten COPS. What the COPS program argues 
is that Federal law enforcement, that Federal anti-terrorism means 
helping local authorities hire more police officers. That is why the 
Fraternal Order of Police, the International Association of Chiefs of 
Police, the National Association of Police Organizations, the U.S. 
Conference of Mayors, the National Sheriffs Association all support 
dramatically increasing this program.

                              {time}  1615

  Now, Chairman Mollohan has taken a program that has essentially been 
killed and gives it more life. And this is what we need to continue on 
the trend towards. Now, whether we do it more in this bill with my 
amendment, or whether we finally get the other body to reauthorize the 
program and we can start doing this in regular order, we need to 
realize that as Tom Ridge, the former Secretary of Homeland Security, 
once said, ``Homeland security starts in our hometown.'' We can't just 
say to cities, go out and protect yourselves. We need a Federal program 
that works.
  Now, I don't mind pointing out that at the apex of the hiring was 
also the highest point in our crime reduction in this country. We have 
seen over the course of several FBI index reports that it has started 
to creep up more and more and more, and by no small measure because of 
the reduction in the COPS program.
  We need to continue on this arc. The committee has done an excellent 
job in doing that.
  I would be glad to yield to the chairman if he has any feedback for 
me.
  Mr. MOLLOHAN. I appreciate the gentleman from New York's interest in 
this. As a matter of fact, he was the mover and shaker in the Congress 
in pointing out that we had 2 years of successive increases in violent 
crime in the country. He was the first one to point out that in the 
1990s, the COPS, the Community Policing Cops on the Beat Program, was 
extremely effective in reducing that; and in large part, along with 
other Members, advocated and encouraged the committee to reactivate the 
COPS hiring program, and we've done that. We've done that with $100 
million, which we think will fund approximately 2,700 policemen.
  This is a down payment. This is an initiative, and the gentleman is 
to be commended for providing the impetus for that initiative. So I 
thank him. We look forward to working with him in future years. I know 
this is a program that, because of its proven effectiveness in the 
past, is going to get increasing attention in the future.
  Mr. WEINER. Reclaiming my time, I thank you for your attention. And 
when you're in conference with the other body, if you can grab them by 
their institutional lapels and get them to move on our COPS throughout 
the Nation.
  Mr. MOLLOHAN. We're going to be up to it.
  Mr. WEINER. I appreciate it.
  Mr. Chairman, I request unanimous consent that my amendment be 
withdrawn.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $100,500,000, to remain available until expended, 
     of which not less than $21,000,000 is for the unified 
     financial management system.


            tactical law enforcement wireless communications

       For the costs of developing and implementing a nation-wide 
     Integrated Wireless Network supporting Federal law 
     enforcement and homeland security missions, and for the costs 
     of operations and maintenance of existing Land Mobile Radio 
     legacy systems, $81,353,000, to remain available until 
     September 30, 2009: Provided, That the Attorney General shall 
     transfer to this account all funds made available to the 
     Department of Justice for the purchase of portable and mobile 
     radios: Provided further, That any transfer made under the 
     preceding proviso shall be subject to section 505 of this 
     Act.


                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $251,499,000, of which, $4,000,000 shall be derived by 
     transfer from the Executive Office for Immigration Review 
     fees deposited in the ``Immigration Examination Fee'' 
     account.


                           detention trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,260,872,000, to remain available until expended: Provided, 
     That the Trustee shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System: Provided 
     further, That not to exceed $5,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to 18 U.S.C. 4013(b).


                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $74,708,000 including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission


                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,194,000.

                            Legal Activities


            salaries and expenses, general legal activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $750,584,000, of which not to exceed

[[Page 20595]]

     $10,000,000 for litigation support contracts shall remain 
     available until expended: Provided, That of the total amount 
     appropriated, not to exceed $1,000 shall be available to the 
     United States National Central Bureau, INTERPOL, for official 
     reception and representation expenses: Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $6,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $155,097,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $139,000,000 in fiscal year 2008), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2008, so as to result in a 
     final fiscal year 2008 appropriation from the general fund 
     estimated at $16,097,000.


             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,747,822,000: Provided, That of the total 
     amount appropriated, not to exceed $8,000 shall be available 
     for official reception and representation expenses: Provided 
     further, That not to exceed $20,000,000 shall remain 
     available until expended.


                   united states trustee system fund

       For necessary expenses of the United States Trustee System, 
     as authorized, $189,000,000, to remain available until 
     expended and to be derived from the United States Trustee 
     System Fund: Provided, That amounts deposited in the Fund in 
     fiscal year 2008 in excess of $184,000,000, but not to exceed 
     $231,899,000, shall be available until expended for the 
     necessary expenses of the United States Trustee System as 
     provided in section 589a(a) of title 28, United States Code: 
     Provided further, That, notwithstanding any other provision 
     of law, deposits to the Fund shall be available in such 
     amounts as may be necessary to pay refunds due depositors.


      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by 5 U.S.C. 3109, $1,709,000.


                     united states marshals service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $883,766,000; of which not to exceed $6,000 shall be 
     available for official reception and representation expenses; 
     of which not to exceed $4,000,000 shall be for information 
     technology systems and shall remain available until expended; 
     and of which not less than $12,397,000 shall be available for 
     the costs of courthouse security equipment, including 
     furnishings, relocations, and telephone systems and cabling, 
     and shall remain available until expended.


                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $2,451,000, to remain available until 
     expended.


                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $168,300,000, to remain 
     available until expended, of which not to exceed $10,000,000 
     is for construction of buildings for protected witness 
     safesites; not to exceed $3,000,000 is for the purchase and 
     maintenance of armored and other vehicles for witness 
     security caravans; and not to exceed $9,000,000 is for the 
     purchase, installation, maintenance and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.


           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     $9,794,000: Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the previous proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.


                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
     (G), $20,990,000, to be derived from the Department of 
     Justice Assets Forfeiture Fund.


           salaries and expenses, national security division

       For expenses necessary to carry out the activities of the 
     National Security Division, $78,056,000; of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended: Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances: Provided further, 
     That any such transfer shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking and affiliated money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $509,154,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from these appropriations may be used under 
     authorities available to the organizations reimbursed from 
     this appropriation.

                    Federal Bureau of Investigation


                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States; $6,498,111,000; of which 
     not to exceed $150,000,000 shall remain available until 
     expended; and of which $2,308,580,000 shall be for 
     counterterrorism investigations, foreign counterintelligence, 
     and other activities related to our national security: 
     Provided, That not to exceed $205,000 shall be available for 
     official reception and representation expenses: Provided 
     further, That not to exceed $170,000 shall be available in 
     2008 for expenses associated with the celebration of the 
     100th anniversary of the Federal Bureau of Investigation.


                 Amendment Offered by Mr. King of Iowa

  Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. King of Iowa:
       Page 29, line 19, insert ``, increased by $1,000,000 and 
     decreased by $1,000,000,'' after ``$6,498, 111,000''.

  Mr. KING of Iowa. Mr. Chairman, this is an amendment that I bring to 
the floor here reluctantly. It's an issue of conscience, and I think an 
issue of appropriate posture that this Congress should take.
  We have been, throughout the course of some in the 108th, and many in 
the 109th, and now more issues coming up within the 110th Congress that 
have to do with questions about the propriety of some of our Members, 
both sides of the aisle, Republicans and Democrats. And we're well 
aware of some of those cases. In a number of those cases, it was a good 
thing for us to step above that and seek to improve the integrity of 
this body.
  The public is aware, I believe, that there is an investigation that 
is underway. It has been taken up by the Department of Justice and 
published in the New York Times, in the Wall Street Journal, and a 
number of other places, and the circumstances being that a former 
member of the Ethics Committee stepped down from the Ethics Committee 
to avoid the appearance

[[Page 20596]]

of impropriety during an investigation. And yet, since that 
investigation began, the same Member has opted to step forward and take 
on the gavel of the very appropriations committee that deals with the 
funding of the investigation that's being conducted.
  This was an issue that was a subject matter before the Judiciary 
Committee in hearings that brought our Attorney General Alberto 
Gonzales forward. And I asked the Attorney General, after the 
allegation was made by a majority member on the committee about 
impropriety of investigations or political intimidations on the part of 
the Department of Justice, I asked the Attorney General if he was 
intimidated. I said, ``The question I would ask,'' and this is quoting 
from the Congressional Record, ``to you is, Mr. Attorney General, if 
the chairman of the Justice Appropriations Committee happened to have 
been under that kind of scrutiny, would that affect the kind of 
prosecution that takes place out of your Justice Department with regard 
to that particular Member of Congress?''
  The question has been raised, it's been raised by the national media, 
it's been raised before the Judiciary Committee, and it needs to be 
raised here on this floor while we deal with this issue of propriety. I 
make no allegations about guilt or innocence. I simply say that there 
is a huge question of impropriety when the chairman of justice approps 
has in one hand the gavel, and in the other hand the pursestrings that 
funds the very people that are conducting the investigation.
  I bring this amendment forward to strike $1 million out and put $1 
million in so that that $1 million can be used directly and exclusively 
for the investigation that's going forward and has been going on since 
December 2005. That's not swift and sure justice. That doesn't let this 
Member off the hook. He deserves an answer far more quickly from 
December 2005 until at least July of 2007.
  All of those issues before us are raised and should be considered by 
this body. And I urge that the Members consider the reason that I 
reluctantly brought this amendment forward to take $1 million out and 
put $1 million, but to direct that that money be used to accelerate and 
complete the investigation that's underway now that casts such a shadow 
over this entire process, and particularly this appropriations process 
that's taking place before us here on the floor of Congress.
  I think it's inappropriate. I think a decision should have been made 
by the Member. It has not been. That's why I have to bring this 
forward.
  I urge the Members to support this amendment, and I intend to be able 
to review the Record that we expect to have on this amendment. So I 
would urge adoption of this amendment directing $1 million for the FBI 
to continue and accelerate their investigation so that they can either 
move forward to completion, or clear the individual who sits underneath 
this cloud.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. OBEY. Mr. Chairman, it's obvious how reluctant the gentleman is 
to bring this before the body. He has offered an amendment which does 
absolutely nothing in order to give him an opportunity to talk about 
something he says he doesn't want to talk about. Only in Washington 
would that be believable.
  Let me simply say that I think I know something about the Code of 
Ethics in this House. I wrote the Code of Ethics in this House in the 
1970s, and I think I know something about what this House regards as a 
conflict of interest.
  Let me simply point out that the gentleman from Iowa has objected to 
a Member of the House chairing a subcommittee which oversees the 
agencies that he says are involved in an investigation of that Member. 
The fact is that that gentleman in question has recused himself from 
all matters relating to the FBI, the Attorney General, the Criminal 
Division, and U.S. attorneys. That's why I am here on the floor 
handling those portions of the bill today.
  The gentleman in question has not reviewed any reprogramming letters. 
He has not reviewed any Member requests for any of the attendant 
agencies involved in that investigation. He has not presided over any 
hearings. He has not participated or made any recommendations with 
respect to funding either on this bill or in the continuing resolution.
  So let me simply say that if the gentleman has a strong view about 
what the House rules ought to be, then the proper place to take that up 
is not on an appropriation bill. The proper place for him to take that 
up is with the Standards Committee and with the leadership of both 
Houses. By taking it up here, it is simply an excuse to bring into 
question the actions of one Member. And it would be very easy for us to 
respond in kind with respect to the activities of a number of Members 
on that side of the aisle. We choose to stay above that and allow the 
proper committee to deal with the issue.
  Mr. Chairman, I do, very regretfully, yield back the balance of my 
time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, I am disappointed by the 
introduction and consideration of this amendment.
  I can attest to what the chairman of the full committee said about my 
colleague and friend recusing himself from any consideration. He has 
been absolutely scrupulous in terms of that regard.
  I'm not a lawyer, but there are quite a number of lawyers here. 
Everyone under the law is entitled to due process. And I can't talk 
about how long this process has taken, but I have every confidence that 
justice will be served, and hopefully in an expeditious manner.
  But I'm, indeed, sorry that this amendment has been brought to the 
floor. I think it is totally inappropriate. Obviously Members have a 
right to make motions of this kind.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Rhode Island is recognized for 5 
minutes.
  Mr. KENNEDY. As cochair of the Judiciary Appropriation Subcommittee, 
someone who has attended these hearings all the way through, I am 
disappointed by this because I think it calls into question every 
single member of this committee and the integrity of every single 
member of this committee in saying that you're calling into question 
the integrity of this committee and what we have done as a work product 
as a committee. This is not the product of one individual; this is a 
product of a committee. So I take great exception to this Member's 
amendment and the questions that he has raised here.
  I stand behind this work product, as do the colleagues that I serve 
with on this committee, both Republicans and Democrats. I serve proudly 
with this chairman. And we've worked as a bipartisan committee, worked 
together on a bipartisan basis in order to produce a work product that 
meets the needs of the public, to meet the needs of the law enforcement 
community in this country, and, I might add, way over and above the 
President of the United States' request for law enforcement, way over 
and above the request for law enforcement that this administration has 
put forward.
  So I might say that it is ironic that this amendment comes up, that 
under this chairman, this law enforcement has gone further and farther 
than it has, indeed, under many, many previous chairs of this 
committee.

                              {time}  1630

  For that reason, Mr. Chairman, I support today's mark and I ask my 
colleagues to do the same.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.

[[Page 20597]]


  Mr. MOLLOHAN. Mr. Chairman, in this body, anyone has a right and an 
opportunity, as the gentleman has taken advantage of, to raise whatever 
issue one wants. The gentleman raises an issue in the context of 
virtuousness and virtuosity. He raises a virtue issue here; he argues 
it from a premise of virtuosity.
  I have no doubt that the gentleman is a good person and that the 
gentleman is a virtuous person. But I would suggest that the gentleman, 
number one, has expressed a greater knowledge about any investigation 
than I have. Perhaps he has inside knowledge about it. But I could not 
tell you actually if it exists, because I have never been approached 
with regard to it.
  Number two, I would suggest that as the gentleman raises his point in 
the context of virtue, that he might want to be very cautious, because, 
as he says, he reluctantly does it, and he might want to be concerned 
about those who have raised this issue initially perhaps failing his 
test of virtue. I simply suggest that as a caution to him when he 
raises this kind of an issue in this context.
  I could suggest that it is unworthy to raise it in this context 
because it is obviously ad hominem. But I am not going to go there. I 
would just suggest that the gentleman, as he contemplates this issue 
and as he raises a virtue question, that he satisfy himself in his own 
mind that those who have initiated and perpetrated this effort, that he 
contemplate the possibility that their motives are not pure and that 
they, in this instance, are not virtuous.
  Mr. Chairman, I yield back the balance of my time.
  Mr. JORDAN of Ohio. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. JORDAN of Ohio. I yield to the gentleman from Iowa.
  Mr. KING of Iowa. Mr. Chairman, I thank the gentleman from Ohio for 
coming to the floor and gaining some time to give me the ability to 
respond to the gentleman from West Virginia.
  Mr. Chairman, I listened to his response. His response was measured. 
It was appropriate. But I didn't hear a response to the question about 
the intimidation factor and, in fact, the appearance of impropriety 
that the man holding the gavel is also holding the purse strings of the 
agency that is doing the investigation, according to the New York Times 
and the Wall Street Journal and a number of other publications across 
this country.
  I think that is an appropriate question. I think this Congress has to 
ask that question. I think we have to answer that question. I had hoped 
that it would get asked and answered by the leadership on the majority 
side of the aisle. The leadership knew about this when they made the 
appointments to the Chairs of the committee.
  So it is reluctantly that I bring this here. I wish that someone had 
stepped forward and taken this cup from me. But I can't cross this 
spot, which I recognize to be the Rubicon, knowing what I know, without 
raising the issue for the Members, to ask them to make a decision as 
well.
  It is appropriate for any Member to raise an issue when it hasn't 
been properly dealt with by the leadership of this Congress. It is 
appropriate to lay facts out in front and debate those facts. It is not 
inappropriate to ask questions and ask for answers.
  There is a lot more data here that I am aware of, but, factually, 
this is as far as I care to go with this issue. I want to ask the 
Members to make a decision. History will make a decision on this moment 
here on the floor of this Congress. Our decision is just temporary, but 
history will write this.
  Mr. JORDAN of Ohio. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Iowa (Mr. King).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Iowa will be postponed.


           Amendment No. 5 Offered by Mr. Rogers of Michigan

  Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Rogers of Michigan:
       Page 30, line 4, strike the period and insert the 
     following: ``: Provided further,  That not to exceed 
     $16,000,000 shall be available for a housing allowance pilot 
     program for Special Agents of the Federal Bureau of 
     Investigation.''.

  Mr. OBEY. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
  Mr. ROGERS of Michigan. Mr. Chairman, distinguished Chair of the 
Appropriations Committee, I hope we can work this issue out. This is 
language that was agreed last year by both parties to take care of two, 
I think, very important fixes for the Federal Bureau of Investigation.
  We have a segment of agents who are being punished, for lack of a 
better term, for not choosing to come back to Washington, DC. They have 
served their countries ably. They have served their tours as brick 
agents and worked the streets, and kicked in doors, and arrested drug 
dealers and mobsters, and gone after terrorists, and done all that hard 
work that we ask them to do every single day. Unselfishly, so, they 
have done it.
  Through that course, they have decided to be supervisors and pick an 
area of expertise. In this particular case, they have picked a 
supervisory specialty that might be white collar crime, or it might be 
organized crime, or it might be counterterrorism or it might be foreign 
counterintelligence. That expertise allows them to lead these agents to 
better investigations.
  In a new policy implemented by the FBI Director, these fairly senior 
agents, it asked them to step aside if they chose not to come back to 
Washington, DC. Some of them had their kids in high school.
  You can imagine being in Des Moines, Iowa, close to home, and you 
have got 18 or 19 years of Federal service, maybe they are former 
military before that. They have got lots of Federal service, looking to 
move on in a few years. That is a hard choice for them to make. In 
doing so, it cost them that added benefit to their pension for serving 
in a leadership capacity in the FBI.
  So what we simply did is last summer worked out some language with 
the FBI Director that said we were not going to let these 200 or so 
agents be punished by this new policy. They deserved to have that 
pension at the rate of service which they have ably given their 
country. Again, this language was agreed to by both parties last year, 
but because this was a continuing resolution and it was dropped in 
conference, we did not have that opportunity to get this fixed.
  The second part of that, which I can talk to in the second amendment, 
is also about a housing allowance that would allow agents, for the 
first time, like other Federal agencies working in major cities across 
the United States, to enjoy a housing allowance in these very high-cost 
areas, so that we can keep, retain and really say thank you to the 
hardest working FBI agents who are working to protect the homeland.
  With that, I would hope that the chairman and I could work this 
through and try to find some conclusion to what we have already agreed 
to needs to get fixed for these people, who, by the way, have already 
been told their pensions will be fixed, and yet to this date have not.
  Mr. Chairman, I yield back the balance of my time.


                             Point of Order

  Mr. OBEY. Mr. Chairman, I must insist on my point of order.
  Mr. Chairman, I certainly understand what the gentleman is trying to 
accomplish, and I probably agree with it. But, nonetheless, this 
committee is not the proper venue and this legislation is

[[Page 20598]]

not the proper legislation upon which to raise the issue.
  During the consideration of the Labor-H bill last week, I had to 
object to a number of amendments and lodge points of order because they 
were not appropriately offered to that bill, even though some of them 
were from my side of the aisle and I agreed with them.
  This amendment, while I would certainly be happy to work with the 
gentleman, this amendment cannot be accepted by the committee without 
violating the rules of the House, and so therefore I make a point of 
order against the amendment because it provides an appropriation for a 
non-authorized program and therefore violates clause 2, rule XXI, which 
states in pertinent part: ``An appropriation may not be in order as an 
amendment for an expenditure not previously authorized by law.''
  The amendment proposes to appropriate funds for a program that is not 
authorized and therefore violates clause 2, rule XXI.
  I ask for a ruling of the Chair.
  The CHAIRMAN. Does the gentleman from New Jersey wish to be heard on 
the point of order?
  Mr. FRELINGHUYSEN. Mr. Chairman, first of all, let me thank Mr. 
Rogers not only for his congressional service, but for his other life 
before he came to Congress. As I sort of said in my opening remarks, 
all of us on this floor salute the men and women who are special 
agents. They do dangerous work. The gentleman has been unstinting in 
terms of educating me as the new ranking member, you didn't have to do 
it to the other side, as to the sort of things that were discussed by 
Representatives Wolf, Hobson and Rogers.
  We tried in our bill to give some direction and impetus to having 
these issues of retention up and out and housing allowance raised to a 
higher level of interest by the FBI Director. We are not going to stop 
that push.
  The gentleman may or may not be successful with his amendments, but I 
am still committed, and I am sure the majority is, if there is 
something going on here that is unfair, promises haven't been kept, we 
are going to do our level best without authorizing on this bill to see 
that it is done.
  I support the Chairman's point of order.
  The CHAIRMAN. Does the gentleman from Michigan wish to be heard on 
the point of order?
  Mr. ROGERS of Michigan. Yes, Mr. Chairman, I do.
  Mr. Chairman, I thought this amendment was in order. But, in that 
vein, I thought I heard the chairman say that he would be willing to 
work with us maybe in conference and we could find some language that 
might be acceptable to the chairman where we could kind of conclude 
this deal that I think we all have agreed to in the past, that maybe we 
can work out that language in the conference.
  Mr. Chairman, I just thank the gentleman for his willingness to sit 
down and work with us.
  The CHAIRMAN. If no one else wishes to be heard on the point of 
order, the Chair is prepared to rule.
  The proponent of an item of appropriation carries a burden of 
persuasion on the question of whether it is supported by an 
authorization in law. Having reviewed the amendment and entertained 
argument on the point of order, the Chair is unable to conclude that 
the item of appropriation in question is authorized in law. The Chair 
is therefore constrained to sustain the point of order under clause 
2(a) of rule XXI.


           Amendment No. 6 Offered by Mr. Rogers of Michigan

  Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Rogers of Michigan:
       Page 30, line 4, strike the period and insert the 
     following: ``: Provided further, That funds shall be 
     available for annuity protection for Special Agents of the 
     Federal Bureau of Investigation who had completed a total of 
     3 or more years in field supervisory positions as of June 3, 
     2004, who are subsequently transferred to positions at a 
     lower grade because they chose not to accept transfers to 
     equivalent or higher positions within the FBI pursuant to the 
     Field Office Supervisory Term Limit Policy issued on that 
     date, and are not subsequently reduced in grade or removed 
     for performance or misconduct reasons. `Average pay' for 
     purposes of section 8331(4) or 8401(3) of title 5, United 
     States Code, as applicable, shall be the larger of (1) the 
     amount to which such Agents are entitled under those 
     provisions, or (2) the amount to which such Agents would have 
     been entitled under those provisions had they remained in the 
     field supervisory position at the same grade and step until 
     the date of their retirement. This provision shall be 
     retroactive to the date the Federal Breau of Investigation 
     began implementing the policy.''.

  Mr. OBEY. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
  Mr. ROGERS of Michigan. Mr. Chairman, just for the purpose of a very 
short colloquy, I think we established the two issues here that we are 
trying to get resolved, and I would again just ask the chairman if he 
would have that willingness to work with us and see if we couldn't find 
some language acceptable to the chairman to correct these two egregious 
items. These agents certainly shouldn't bear the brunt of any 
disagreement.
  Mr. OBEY. Mr. Chairman, if the gentleman will yield, I think on this 
issue there are certainly questions of equity on both sides. I think 
they need to be resolved. I understand why the FBI wants to follow the 
policy that they follow. I also understand why agents themselves feel 
it is unfair leaving them with the reduced retirement possibility.
  So, again, I would be happy to work with the gentleman to see if we 
can't persuade the agency to come up with an agreeable solution to the 
problem.

                              {time}  1645

  Mr. ROGERS of Michigan. Mr. Chairman, I ask unanimous consent to 
withdraw my amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                              Construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of Federally-owned buildings; and preliminary 
     planning and design of projects; $33,191,000, to remain 
     available unitl expended.

                    Drug Enforcement Administration


                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to 28 U.S.C. 530C; and expenses for conducting drug education 
     and training programs, including travel and related expenses 
     for participants in such programs and the distribution of 
     items of token value that promote the goals of such programs, 
     $1,842,569,000; of which not to exceed $75,000,000 shall 
     remain available until expended; and of which not to exceed 
     $100,000 shall be available for official reception and 
     representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, including the purchase of not to 
     exceed 822 vehicles for police-type use, of which 650 shall 
     be for replacement only; not to exceed $25,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $1,013,980,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of 
     which $10,000,000 shall remain available until expended: 
     Provided, That no funds appropriated herein shall be 
     available for salaries or administrative expenses in 
     connection with consolidating or centralizing, within the 
     Department of Justice, the records, or any portion thereof, 
     of acquisition and disposition of firearms maintained by 
     Federal firearms licensees: Provided further, That no funds 
     appropriated herein shall be used to pay administrative 
     expenses or the compensation of any officer or employee of 
     the United States to implement an amendment or amendments to 
     27 CFR 178.118 or to

[[Page 20599]]

     change the definition of ``Curios or relics'' in 27 CFR 
     178.11 or remove any item from ATF Publication 5300.11 as it 
     existed on January 1, 1994: Provided further, That none of 
     the funds appropriated herein shall be available to 
     investigate or act upon applications for relief from Federal 
     firearms disabilities under 18 U.S.C. 925(c): Provided 
     further, That such funds shall be available to investigate 
     and act upon applications filed by corporations for relief 
     from Federal firearms disabilities under section 925(c) of 
     title 18, United States Code: Provided further, That no funds 
     made available by this or any other Act may be used to 
     transfer the functions, missions, or activities of the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives to other 
     agencies or Departments in fiscal year 2008: Provided 
     further, That, beginning in fiscal year 2008 and thereafter, 
     no funds appropriated under this or any other Act may be used 
     to disclose part or all of the contents of the Firearms Trace 
     System database maintained by the National Trace Center of 
     the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
     any information required to be kept by licensees pursuant to 
     section 923(g) of title 18, United States Code, or required 
     to be reported pursuant to paragraphs (3) and (7) of such 
     section 923(g), except to (1) a Federal, State, local, 
     tribal, or foreign law enforcement agency, or a Federal, 
     State, or local prosecutor, solely in connection with and for 
     use in a criminal investigation or prosecution, or (2) a 
     Federal agency for a national security or intelligence 
     purpose; and all such data shall be immune from legal 
     process, shall not be subject to subpoena or other discovery, 
     shall be inadmissible in evidence, and shall not be used, 
     relied on, or disclosed in any manner, nor shall testimony or 
     other evidence be permitted based on the data, in a civil 
     action in any State (including the District of Columbia) or 
     Federal court or in an administrative proceeding other than a 
     proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to enforce the provisions of chapter 
     44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent (1) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(1)(10) of such title), (2) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials, or (3) the publication of annual 
     statistical reports on products regulated by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, including total 
     production, importation, and exportation by each licensed 
     importer (as so defined) and licensed manufacturer (as so 
     defined), or statistical aggregate data regarding firearms 
     traffickers and trafficking channels, or firearms misuse, 
     felons, and trafficking investigations: Provided further, 
     That no funds made available by this or any other Act shall 
     be expended to promulgate or implement any rule requiring a 
     physical inventory of any business licensed under section 923 
     of title 18, United States Code: Provided further, That no 
     funds under this Act may be used to electronically retrieve 
     information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
     or any personal identification code: Provided further, That 
     no funds authorized or made available under this or any other 
     Act may be used to deny any application for a license under 
     section 923 of title 18, United States Code, or renewal of 
     such a license due to a lack of business activity, provided 
     that the applicant is otherwise eligible to receive such a 
     license, and is eligible to report business income or to 
     claim an income tax deduction for business expenses under the 
     Internal Revenue Code of 1986.

                         Federal Prison System


                         salaries and expenses

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 669, of which 642 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $5,171,440,000: 
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions: Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2009: Provided 
     further, That, of the amounts provided for contract 
     confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980, for the care and security in the 
     United States of Cuban and Haitian entrants: Provided 
     further, That the Director of the Federal Prison System may 
     accept donated property and services relating to the 
     operation of the prison card program from a not-for-profit 
     entity which has operated such program in the past 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.


                        buildings and facilities

       For the modernization, maintenance, and repair of buildings 
     and facilities, including all necessary expenses incident 
     thereto, by contract or force account, $95,003,000, to remain 
     available until expended, of which not to exceed $14,000,000 
     shall be available to construct areas for inmate work 
     programs: Provided, That labor of United States prisoners may 
     be used for work performed under this appropriation.


                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.


   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,477,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be available for its 
     administrative expenses, and for services as authorized by 5 
     U.S.C. 3109, to be computed on an accrual basis to be 
     determined in accordance with the corporation's current 
     prescribed accounting system, and such amounts shall be 
     exclusive of depreciation, payment of claims, and 
     expenditures which such accounting system requires to be 
     capitalized or charged to cost of commodities acquired or 
     produced, including selling and shipping expenses, and 
     expenses in connection with acquisition, construction, 
     operation, maintenance, improvement, protection, or 
     disposition of facilities and other property belonging to the 
     corporation or in which it has an interest.

                    Office on Violence Against Women


       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
     Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
     Act''); the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Victims of Trafficking and Violence Protection Act 
     of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); $430,000,000, including amounts for administrative 
     costs, to remain available until expended as follows:
       (1) $12,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (2) $3,000,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (3) $205,000,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, as amended by 
     section 101 of the 2005 Act, of which--
       (A) $20,000,000 shall be for transitional housing 
     assistance grants for victims of domestic violence, stalking 
     or sexual assault as authorized by section 40299 of the 1994 
     Act, as amended by section 602 of the 2005 Act; and
       (B) $2,000,000 shall be for the National Institute of 
     Justice for research and evaluation of violence against 
     women;
       (4) $63,000,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act, as amended by section 
     102 of the 2005 Act;
       (5) $10,000,000 for sexual assault victims assistance, as 
     authorized by section 202 of the 2005 Act;
       (6) $40,000,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 40295 
     of the 1994 Act, as amended by section 203 of the 2005 Act;
       (7) $6,000,000 for training programs as authorized by 
     section 40152 of the 1994 Act, as amended by section 108 of 
     the 2005 Act, and for related local demonstration projects;
       (8) $3,000,000 for grants to improve the stalking and 
     domestic violence databases, as authorized by section 40602 
     of the 1994 Act, as amended by section 109 of the 2005 Act;

[[Page 20600]]

       (9) $10,000,000 for grants to reduce violent crimes against 
     women on campus, as authorized by section 304 of the 2005 
     Act;
       (10) $40,000,000 for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act, as amended by 
     section 103 of the 2005 Act;
       (11) $5,000,000 for enhancing protection for older and 
     disabled women from domestic violence and sexual assault, as 
     authorized by section 40802 of the 1994 Act, as amended by 
     section 205 of the 2005 Act;
       (12) $15,000,000 for the safe havens for children program, 
     as authorized by section 1301 of the 2000 Act, as amended by 
     section 306 of the 2005 Act;
       (13) $8,000,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of the 2000 Act, as amended by section 204 of 
     the 2005 Act; and
       (14) $10,000,000 for an engaging men and youth in 
     prevention program, as authorized by the 2005 Act.


                    Amendment Offered by Mrs. Capito

  Mrs. CAPITO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Capito:
       Page 38, line 20, after the dollar amount insert 
     ``(increased by $10,000,000)''.
       Page 39, line 22, after the dollar amount insert 
     ``(increased by $10,000,000)''.
       Page 66, line 7, after the dollar amount insert ``(reduced 
     by $10,000,000)''.

  Mrs. CAPITO. Mr. Chairman, I would like to begin, first of all, by 
thanking the chairman of the subcommittee and the ranking member for 
their good, hard work on this bill. They are very dedicated to seeing 
that we spend our taxpayers' dollars wisely.
  Today I rise to offer an amendment to help break the cycle of 
violence against women, especially those living in the rural areas. We 
are facing an epidemic in this country. Sexual and domestic violence 
can happen to anyone, regardless of race, age, sexual orientation, 
religion or gender. One in four women will experience domestic violence 
during her lifetime. It is a frightening statistic, I think.
  To be safe in their communities, women need to be safe in their own 
homes. Of the over 12,000 domestic violence victims reported in my 
State of West Virginia in 2005, a total of over 8,600, or 68 percent, 
were victims of intimate partner violence. What used to be called a 
``family matter'' is now a crime. The Violence Against Women Act was 
much-needed landmark legislation that helped transform the perception 
of domestic abuse as a serious crime and created programs to increase 
access to services for women and victims.
  My amendment builds on the successes of the last decade and prevents 
more women from suffering in silence. Victims of domestic violence and 
sexual assault in rural and remote communities face unique obstacles in 
their efforts to escape abusive and dangerous relationships. The 
geographic isolation, economic structure, and particularly strong 
cultural pressures and social pressures, and lack of available 
resources in rural jurisdictions significantly compound the problems 
confronted by those seeking support and services. Nonreporting of 
sexual assault in rural areas is a particular problem.
  Other barriers to domestic violence and sexual assault intervention 
in rural communities may include gaps in the 911 emergency system that 
may delay responses, underfunded and understaffed law enforcement 
agencies that hamper the criminal justice response, and lack of legal 
representation for protective orders and other civil matters pertaining 
to domestic violence.
  Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, 
and Child Abuse Enforcement Assistance Grants fund cooperative efforts 
between law enforcement, prosecutors, and victim services. They provide 
treatment, counseling and assistance to victims, and work with rural 
communities to develop education and prevention strategies.
  Last year Congress funded this program with $38.8 million. The 
committee's recommended funding level for this year amounts to only a 
$1.2 million increase over last year's appropriations for the Rural 
Domestic Violence Grants program.
  Meanwhile, the National Science Foundation Agency Operations and 
Award Management line item, which was the old salary and expense line 
item, stands to receive $285.59 million. This amounts to an increase of 
over $37 million, or 13 percent.
  My amendment would boost funding for the Rural Domestic Violence and 
Child Abuse Enforcement Assistance Grants by $10 million without 
costing the taxpayers additional money.
  I ask my colleagues to join me in support of this important amendment 
to help provide victims with the protection and services in the rural 
areas they need to pursue safe and healthy lives while simultaneously 
enabling communities to hold offenders accountable for their violence.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, the gentlelady offers an amendment to one 
of the grant programs in the Violence Against Women Office of the U.S. 
Department of Justice. To give a little bit of context to the 
amendment, the Office of Violence Against Women was funded in fiscal 
year 2007 at $382.571 million. The President requested $370 million, 
about $12.5 million less than was funded in 2007. So the President's 
request for the office was decreased. He requested less money than was 
appropriated last year.
  In addition to that, the President wanted to eliminate all of the 
grant programs, including the one that the gentlelady seeks today to 
increase funding for specifically. The subcommittee increased funding 
over the President's request by $60 million. So the subcommittee looked 
at the Violence Against Women Office and looked at the scourge that 
office addresses and fights every day and the programs that the office 
administers, and we said not only do we need to increase the 
President's request from last year's level, we need to increase this 
program above the President's request, and we did by $60 million. We 
also rejected the President's request to eliminate all of the grant 
programs under Violence Against Women. We retained those grant programs 
and those categories, and then we funded each and every one of them 
handsomely.
  So the request before us today, or the recommendation of the 
committee before the body today, increases over Fiscal Year 2007 
funding by $47 million, over the President's request by $60 million. As 
for the grant program that the gentlelady offers an amendment to, we 
fund it at $40 million, which is 100 percent over the President's 
request, because he wanted to eliminate that program, and 3 percent 
over the 2007 funding.
  Now, there is no question that the Office of Violence Against Women 
deserves adequate funding. That is why we funded it at $60 million over 
the President's request. It enjoys a privileged position on our 
committee. Chairwoman DeLauro is aggressive in her leadership on this 
issue as is every member of our subcommittee. The Rural Domestic 
Violence Assistance Grants have been funded at $40 million and are 
extremely proud of that funding level.
  The gentlelady looks for her offset in the National Science 
Foundation, the premier research and development agency in the United 
States Government. It offers peer-reviewed granting; it looks at 
education programs; it looks at research programs, cutting-edge, 
transformational research, the research that we rely upon in order to 
ensure our competitiveness in the arena and also lay a foundation for 
our competitiveness in the global economic marketplace.
  Don't make any mistake about it, everyone who has testified before 
our committee agrees the National Science Foundation is not only an 
economic security issue, it is a national security issue, and it is not 
the place where we ought to be taking funding. There is a recognition 
that we need to double the funding for the National Science Foundation, 
and that is the track we are on with the level of funding in this bill. 
We should not, and hopefully we won't, reduce funding to the National 
Science Foundation by $10 million. That would knock us off of the 
track.

[[Page 20601]]

  To summarize, Mr. Chairman, funding in the Violence Against Women 
programs is robust: $60 million above the President's request. The 
particular grant programs, one of which the gentlelady addresses, each 
have been retained, and each of those grant programs has been funded 
robustly.
  So, like every other account in this bill, we could use additional 
money, and if the budget resolutions that the minority would vote for 
would allow us additional money, we would be pleased to look at 
increasing funding for violence against women programs.
  But given our allocation, and given the priorities and the 
conflicting demands in the bill, and given the importance of the 
National Science Foundation and the robust nature of our funding for 
violence against women, I must oppose the gentlelady's amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BAIRD. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Washington is recognized for 5 
minutes.
  Mr. BAIRD. I have great respect for the gentlelady's intent here. As 
a clinical psychologist before entering this body, I worked with 
victims of domestic violence and have been a strong advocate for the 
Violence Against Women Act and other things to support victims of 
domestic violence.
  The challenge I face here, and I think we all face, is that this is 
not a good offset. As Chair of the Research and Education Subcommittee 
of the Science Committee, I have met extensively with the National 
Science Foundation, and I will tell you that they are already 
substantially overstretched in their ability to manage the numbers of 
grant applications and oversee the grants that are already being 
administered.
  The President himself has asked for a substantial increase in funding 
for the National Science Foundation. That has broad bipartisan support 
within this body and within the other body.
  If we were to cut the management funds, as this proposes, we would 
dramatically impair the NSF's ability to manage that increase; indeed, 
to manage their current workload.
  I have met with the people managing the grant process at the NSF. I 
have met with the applicants, and we have spent extensive time on this 
in our subcommittee. While I support the intent of trying to provide 
more funding for violence against women, this is not the way to do it.
  Mrs. CAPITO. Mr. Chairman, will the gentleman yield?
  Mr. BAIRD. I yield to the gentlewoman from West Virginia.
  Mrs. CAPITO. I would like to read very briefly from the agency 
operation and award management section because I agree with you. I was 
a science major in college. I am very dedicated to the forward-leaning 
research and development that NSF has provided.
  But in this particular account, this is for agency operations and 
award management necessary in carrying out the National Science 
Foundation Act, services authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, not to exceed $9,000 for official reception and 
representation expenses, uniforms or allowances therefor, rental of 
conference rooms in the District of Columbia, and reimbursement for 
security guard services.
  I tried to look for an area that would not harm research or 
researchers or the dedicated folks that are working on forward-leaning 
and futuristic advances for our Nation. I am very concerned about 
domestic violence in the rural area, and that is why I pinpointed this 
particular area.
  Mr. BAIRD. I appreciate that. I understand you have done that, and I 
respect the diligence here.
  The challenge they face is they are literally bursting at the seams. 
They do not have office space, sufficient computer architecture, they 
do not have sufficient personnel. I can't vouch, and it would be 
foolish for any of us to try to line-item or justify each and every 
expense, but I can tell you what they have told me is they lack the 
space.
  If you are finding items for conference room rentals for meetings, 
that is perfectly understandable to me that when you have people coming 
back to have meetings, you may occasionally need additional space.
  My bottom line here is this is an agency that I think by and large 
gives a very strong return on investment for the government and for the 
taxpayers, and a $10 million cut to an administrative fund for an 
agency that already tells us they lack adequate resources I think is 
excessive.
  I am sorry, I am going to have to say we should defeat this amendment 
and try to find other ways. As the distinguished gentleman mentioned 
earlier, we have already seen substantial investments in this area over 
and above the President's request as far as the area of violence 
against women.

                              {time}  1700

  I would just encourage the gentlelady to say well done to the 
Democratic majority for adding to this relative to what the President 
offered.
  But I would urge my colleagues, and I can tell you personally from 
having met with and visited with NSF administration, they do not feel, 
and my understanding, they can sustain a $10 million cut to any portion 
of their budget. But the administration portion is what enables them to 
manage the grants, to manage the research that this country's future 
and domestic security and economic competitiveness depends on.
  So I'd urge defeat of this well-intentioned amendment with 
unfortunately an undesirable offset.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from West Virginia (Mrs. Capito).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from West Virginia will be 
postponed.
  Mr. MOLLOHAN. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Fattah) having assumed the Chair, Mr. Snyder, Chairman of the Committee 
of the Whole House on the state of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 3093) making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes, had come to no resolution thereon.

                          ____________________




PERMISSION TO REDUCE TIME FOR ELECTRONIC VOTING DURING CONSIDERATION OF 
                               H.R. 3093

  Mr. MOLLOHAN. Mr. Speaker, I ask unanimous consent that, during 
consideration of H.R. 3093 pursuant to House Resolution 562, the Chair 
may reduce to 2 minutes the minimum time for electronic voting under 
clause 6 of rule XVIII and clauses 8 and 9 of rule XX.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. MOLLOHAN. Mr. Speaker, I ask unanimous consent that reduced-time 
voting in the Committee of the Whole may span the intervention of a 
rising of the Committee for the administration of the oath of office to 
a Representative-elect in the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The SPEAKER pro tempore. Members are advised that the 2-minute voting 
authority just granted may be applied to questions already postponed.

                          ____________________




APPOINTMENT OF CONFEREES ON H.R. 1495, WATER RESOURCES DEVELOPMENT ACT 
                                OF 2007

  The SPEAKER pro tempore. Without objection, the Chair appoints the 
following conferees:

[[Page 20602]]


       From the Committee on Transportation and Infrastructure, 
     for consideration of the House bill and the Senate amendment, 
     and modifications committed to conference: Mr. Oberstar, Ms. 
     Eddie Bernice Johnson of Texas, Mrs. Tauscher, Messrs. Baird, 
     Higgins, Mitchell, Kagen, McNerney, Mica, Duncan, Ehlers, 
     Baker, Brown of South Carolina, and Boozman.
       From the Committee on Natural Resources, for consideration 
     of secs. 2014, 2023, and 6009 of the House bill, and secs. 
     3023, 5008, and 5016 of the Senate amendment, and 
     modifications committed to conference: Mr. Rahall, Mrs. 
     Napolitano, and Mrs. McMorris Rodgers.

  There was no objection.

                          ____________________




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2008

  The SPEAKER pro tempore. Pursuant to House Resolution 562 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 3093.

                              {time}  1705


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 3093) making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes, with Mr. 
Hastings of Florida (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, a request for a recorded vote on the amendment offered by the 
gentlewoman from West Virginia (Mrs. Capito) had been postponed.
  The Clerk will read.
  The Clerk read as follows:

                       Office of Justice Programs


                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968, the Missing Children's 
     Assistance Act, including salaries and expenses in connection 
     therewith, the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21), the Justice for All Act of 2004 (Public Law 108-
     405), the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), and the 
     Victims of Crime Act of 1984, $250,000,000, to remain 
     available until expended: Provided, That not to exceed 
     $127,915,000 shall be expended in total for Office of Justice 
     Programs management and administration.


                   Amendment Offered by Mrs. Biggert

  Mrs. BIGGERT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Biggert:
       Page 41, line 19, after the dollar amount insert ``(reduced 
     by $34,000,000) (increased by $34,000,000)''.

  Mrs. BIGGERT. Mr. Chairman, I offer this amendment with the gentleman 
from Texas (Mr. Lampson).
  Every year, the National Center for Missing and Exploited Children, 
or NCMEC, receives funding through the Justice Assistance Account's 
Missing Children Program. For the past several years, the House has 
allocated funding in the Missing Children Program to NCMEC; however, in 
this year's bill, there is no allocation. My amendment carves out of 
the Missing Children Program $34 million for the National Center for 
Missing and Exploited Children.
  Authorized by Congress in section 404 of the Juvenile Justice and 
Delinquency Prevention Act, the National Center is a true public-
private partnership, funded in the current fiscal year by Congress at 
$26.6 million and augmented by $11 million in private sector donations.
  Since its inception in 1984, NCMEC has handled more than 2.1 million 
calls, trained 226,000 professionals, printed and distributed over 42 
million publications, worked more than 130,300 missing children's 
cases, and perhaps most importantly, played a role in the recovery of 
more than 112,900 children. In fact, NCMEC's total recovery rate is an 
impressive 96.3 percent.
  Furthermore, the National Center operates the CyberTipline, the 
congressionally mandated ``911 for the Internet.'' NCMEC has handled 
more than 475,000 leads since March 1998. These leads have resulted in 
hundreds of arrests and prosecutions for such crimes as child 
pornography, online enticement of children, and sexual molestation.
  Mr. Chairman, for generations the message was simple. Parents told 
their children to never talk to strangers. My parents told me, and I 
told my children. Times have changed. There are more threats to our 
children, and our message must change with technology. Similarly, the 
role of the National Center has changed. The Internet opened a new 
world of child exploitation, and in order to sufficiently protect our 
children, we must give the National Center the resources it needs to 
help keep our children safe and at home.
  I would urge my colleagues to adopt this amendment.
  Mr. Chairman, I know that you are committed to the National Center 
for Missing and Exploited Children, and I know that this will be an 
important issue discussed at conference, and I understand that you 
would like me to withdraw this amendment.
  Mr. MOLLOHAN. Mr. Chairman, will the gentlewoman yield?
  Mrs. BIGGERT. I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, I thank the gentlewoman for yielding, and 
at the same time, let me compliment her for her leadership in this area 
and her concern for this huge problem and these extremely important 
programs that are focused in these organizations.
  We have funded this account handsomely. The bill provides $61.4 
million for missing children programs. As we move to conference, I know 
the gentlelady is interested in funding for particular organizations to 
focus on the problem. We are as well. At the same time, we want the 
universe to be able to access these programs, and that's the way we 
have structured our bill.
  As we move toward conference, we look forward to working with the 
gentlelady with regard to her particular concerns in this area.
  Mrs. BIGGERT. I think that if the gentleman would commit to working 
with Mr. Lampson and me to sufficiently fund the National Center for 
Missing and Exploited Children at conference, I would be willing to 
withdraw the amendment.
  Mr. MOLLOHAN. Well, we are and we will work toward that. I know that 
we are going to become more specific in these accounts as we move 
toward conference. We anticipate that, and we look forward to working 
with the gentlelady in that regard.
  Mrs. BIGGERT. Reclaiming my time, I guess I was really concerned 
because in the past there's always been the definite allocations for 
these various groups.
  Mr. MOLLOHAN. There have been earmarks for it, and what we are 
looking forward to doing is working with the Senate on this, and we 
anticipate and will work with the gentlelady to do just that.
  I can't commit to a specific result here, but I can assure the 
gentlelady that we will work for funding for the National Center for 
Missing and Exploited Children, as we move through conference. All this 
time working with her is all that I can commit to specifically.
  Mrs. BIGGERT. Mr. Chairman, I ask unanimous consent to withdraw the 
amendment.
  The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  Mr. FARR. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from California is recognized for 
5 minutes.
  Mr. FARR. Mr. Chairman, I would like to enter into a colloquy with 
the chairman.
  First of all, I want to thank the chairman and ranking member of the 
committee. Many of you remember, last year I was down here haranguing 
the committee for dropping the ``O'' for oceans out of NOAA, and I want 
to thank the chairman for putting the ``O'' back into the National 
Oceanic Atmospheric Administration in this year's CJS appropriations 
bill, and I

[[Page 20603]]

want to thank the gentleman for providing ample funding for the 
National Marine Sanctuary program as well.
  It is the funds in the sanctuary program's construction account that 
I would like to ask the chairman about.
  The Monterey Bay National Marine Sanctuary would like to build a 
visitor's center in the city of Santa Cruz. This center will be the 
only one of its kind in the country. The site was chosen because it 
attracts people that do not regularly have access to the ocean.
  It is my understanding that this project is one of NOAA's highest 
priorities, and they intend to grant the city of Santa Cruz $5 million 
from the construction account for the visitors center.
  The question is, is it the intent of the committee to support the 
partnership between NOAA and the city of Santa Cruz by providing NOAA 
with the necessary funds so that they can grant the $5 million to the 
city of Santa Cruz for the construction of the visitors center? The 
money is included in the bill.
  Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
  Mr. FARR. I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Yes, and that's the intent of the committee, to work 
with you in this regard.
  Mr. FARR. I thank the chairman. That was the purpose of this, to get 
that intent on record, and I want to thank the ranking member as well.


                   Amendment Offered by Mr. Etheridge

  Mr. ETHERIDGE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Etheridge:
       Page 41, line 20, insert ``(increased by $1,747,111)'' 
     after the dollar amount.

  Mr. ETHERIDGE. Mr. Chairman, I offer this amendment with my 
colleague, Mr. Reichert of Washington State, to force the 
administration to really do right by the widows and orphans of fallen 
public safety officers.
  For nearly 4 years, the U.S. Department of Justice has been dragging 
its feet on providing benefits to the families of brave men and women 
who have died in the line of duty protecting their communities.
  There are more than 200 claims, some of which have been waiting for 
decisions since 2003, languishing in the Public Safety Officers' 
Benefits office at the Office of Justice Programs.
  This is in clear conflict with the intent of Congress, which 
unanimously passed the Hometown Heroes Survivors Benefits Act to 
expedite cases and streamline the process. Instead, there has been 
delay after delay from the Department of Justice, and the PSOB office 
has created an incredibly complicated system that even personnel at the 
PSOB office have been confused by.
  My amendment would simply ensure that there are enough benefits 
personnel to deal with this backlog, enough appeals officers to address 
the concerns of families who are wrongfully denied, and additional 
managers or ombudsmen to help streamline claims and interact with 
claimants to make an emotional and difficult process easier.
  We owe our first responders no less than to be sure that their loved 
ones are taken care of if they fall while working to ensure that our 
communities are safe. These families should not have to jump through 
hoop after hoop to receive what they justly deserve.
  JoAnn Tilton of Katy, Texas, whose husband, Fire Chief Gary Tilton, 
died of a heart attack after responding to a traffic accident, has 
waited 2\1/2\ years to hear from the PSOB office.

                              {time}  1715

  In that time she has been asked for volumes of information, been 
given conflicting information. She had basically been given the 
runaround in a bureaucratic marathon. She is one of the lucky ones, 
because at least she has gotten information from the PSOB office, even 
though that information includes having been told that a decision would 
be made earlier this month, before going forward with the claim. Now 
she is going to have to go through a second round of medical 
information reviews.
  Shelly Hardin of Hope Mills, North Carolina, whose husband, Sergeant 
James Heath Hardin, died of a heart attack while working to apprehend a 
criminal, did not even receive notice from the PSOB office that their 
claim was being processed. The PSOB office still cannot say when they 
will begin the processing.
  They are but 2 of the hundreds of individuals whose lives have been 
tragically disrupted, once by the death of the loved ones, and whose 
lives continue to be disrupted by the Department's delays. These 
additional funds will make sure that they wait no longer.
  The brave men and women who serve our communities every day, many of 
whom volunteer their time, don't ask when they get a call from someone 
in distress. They act immediately, and the Justice Department should do 
the same.
  The history of the Hometown Heroes Act is riddled with delays. The 
first delay came when they proposed regulations that were in direct 
conflict with the legislation. Then came more delays when they quibbled 
over wording and phrases and claims that they were waiting for approval 
from the OMB.
  It took 3 years to finalize the process. Since the law went into 
effect, only 10 families have been approved for the Hometown Heroes 
benefit out of 264 that have applied. Forty-seven claims have been 
denied, and more than 200 families still await a verdict.
  The U.S. Justice Department appears to be intentionally 
misinterpreting the intent of Congress to create the presumption that 
the death was caused by work in the line of duty. I urge the Justice 
Department to act swiftly and fairly on the remaining claims to provide 
the needed benefits, the much-deserved benefits.
  I urge my colleagues to support these amendments.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REICHERT. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from Washington is recognized for 
5 minutes.
  Mr. REICHERT. Mr. Chairman, I am proud to stand today with my good 
friend Mr. Etheridge in support of this amendment to the CJS 
appropriations bill.
  Nearly 4 years ago the President signed into law the Hometown Heroes 
Survivors Benefit Act. This legislation, which was championed by the 
author of this amendment Mr. Etheridge, corrected a technicality in how 
public safety officers' benefits were paid. Specifically, the law 
allowed for families of those killed in the line of duty, by heart 
attack or stroke, to claim the benefit. It sounds simple.
  I didn't have the opportunity to vote for this legislation because at 
the time I was the sheriff in King County, Seattle, Washington, 
completing my 33-year law enforcement career. During my time as a 
police officer, I saw firsthand the pain that a family endures when 
they lose a loved one. I have lost partners over those 33 years that I 
was in the Sheriff's Office in Seattle. I know that pain. It doesn't go 
away.
  But yet they go out on the street day after day after day, and they 
put their lives on the line. Their families are standing there with 
them. Unfortunately, the families, who are dealing with this pain, and 
who are eligible for this compensation under the Hometown Heroes 
Survivors Benefit Act, are being stalled and denied by our government.
  It took the Department of Justice almost 3 years just to issue a rule 
that would dictate how these benefits would be paid. On top of the 3 
years, in the last 10 months, since the rule was issued, only 10 claims 
have been completed favorably, which averages to 1 claim a month. There 
are approximately 200 claims left, as Mr. Etheridge indicated, still in 
limbo.
  I have seen the tears of these families. We just met with three 
families last week. Through the Federal Government's inaction and 
complacency, more tears will be shed.
  This is absolutely unacceptable, outrageous. This amendment is 
simple. It will double the current funding for the Public Safety 
Officers' Benefit Program. This amendment will take away

[[Page 20604]]

the excuse that the Department of Justice does not have the people or 
the resources to process these claims. The issue of taking care of 
first responders, as I have said, is close to my heart.
  Let's take care of the families. Let's implement a law that we put 
into the books years ago. Passage of this amendment will send a strong 
message to our Nation's first responders that we, the United States 
Government, truly stand behind them and their families.
  Please support the Etheridge-Reichert amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from Rhode Island is recognized 
for 5 minutes.
  Mr. KENNEDY. Mr. Chairman, I rise to support the Etheridge-Reichert 
amendment. The Attorney General of the United States, Alberto Gonzales, 
was up here on the Hill this week. The Attorney General was trying to 
appeal to the United States Congress of the United States, trying to 
appeal to the American people to restore the American people's 
confidence in the Justice Department. I think one of the first steps he 
can take to restore confidence in the American people and the 
Department of Justice is to ensure that the people who are on the front 
lines of the war against terror here in our own country, the men and 
women in blue, the people who are protecting our men and women across 
this country from crime, in our neighborhoods and our cities and our 
towns, that those people who make the ultimate sacrifice and lay down 
their lives for the protection of our citizens in our own communities, 
that those people, when they make that ultimate sacrifice, that this 
country is not going to let them down. It's not going to let their 
families down.
  The notion that we're going to make them wait for an insurance 
policy, make their families wait, make their widows wait, make their 
orphans wait, is an insult. The fact that the Department of Justice is 
not willing to simply step up and pay $250,000 tax-free dollars to the 
widow and children of fallen officers who have fallen in the line of 
duty protecting people in this country from the criminal element of 
this society is unforgivable.
  The fact that this Attorney General is up here on the Hill and has no 
understanding of this, has no sensitivity to this, is one more example 
of how out of touch this Attorney General is.
  This amendment, this Etheridge amendment, is another example of how 
this Congress has to remind the executive branch who needs to be in 
charge when it comes to running the pursestrings around here, where the 
priorities of the American people are. The priorities of the American 
people are let's spend money where our law enforcement is. That is 
where their families are.
  This, my friends, is where our hometown heroes are. In my State we 
have people like Deputy Assistant Day, who died trying to fight a fire, 
and his family's widow is still waiting for that benefit. In the 1970s, 
President Nixon put the public safety officers' benefit in at $100,000. 
We never even increased it. We tried to increase it; wasn't even 
increased for rate of inflation, cost-of-living adjustment. I worked to 
try to increase it, as did Mr. Etheridge.
  It took 9/11, unfortunately, it took a crisis like 9/11, before we 
were able to attach this bill to the PATRIOT Act and get it included as 
part of the PATRIOT Act and get it pushed through this Congress so that 
we could increase it up to over $250,000. Now that it's up there, and 
it's tied to the rate of inflation, it's there.
  But it's not going to do a lot of good unless it's going out the 
door, and it's going into the pockets and into the households and the 
families that need it. That's why we need to pass this amendment to 
give the administration and the Department of Justice the resources it 
needs in order to give them no more excuses in order to process these 
claims and get those families the resources they need in order to take 
care of the widows and the orphans of our fallen heroes.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from West Virginia is recognized 
for 5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in support of Mr. Etheridge's 
amendment. I can tell you that the beneficiaries of the Public Safety 
Officers' Benefit Program and the Hometown Heroes Survivors Benefit 
Program are extremely lucky to have advocates like Mr. Etheridge in the 
United States House of Representatives. I mention him first and most 
often because he has been all over this issue for the last 6 months, 
since I have been chairman of this subcommittee.
  I am extremely pleased to see Mr. Reichert on this, a person who 
comes from law enforcement, who understands the issues of law 
enforcement, and is probably personally acquainted with cases of 
disappointment of beneficiaries under this program. It is tremendous 
that this program is bipartisan.
  You can tell by Mr. Kennedy's remarks and the sincerity behind them 
that this is an issue of vital concern to the subcommittee as well. Mr. 
Kennedy has been championing Mr. Etheridge's cause and Mr. Reichert's 
cause through the process of this bill.
  I give credit to these people because they have been especially 
attentive to this concern. It is, indeed, something that we should be 
concerned about.
  As we talk about homeland security, as we talk about State and local 
law enforcement, and as we recommend a bill with this kind of funding 
to the House of Representatives, we have to be mindful of those people 
who have made sacrifices and who have suffered greatly. That's what 
these programs are about. That's why the Congress authorized them, and 
that's why we have provided appropriations for them.
  It is not acceptable that the Department of Justice has not moved 
these beneficiary cases, with far greater expediency than they have. It 
is actually a denial of the benefit that some of these cases have been 
processed so slowly. So that's the initiative, that's the purpose of 
Mr. Etheridge's amendment.
  I am pleased to accept the amendment because of its merit.
  Mr. Chairman, I yield to my ranking member, who has likewise been 
passionate about ensuring that the Department of Justice moves these 
beneficiary programs in the Office of Justice programs.
  Mr. FRELINGHUYSEN. Thank you for yielding. I echo your sentiments.
  Let's move on this amendment. I highly support it.
  Mr. MOLLOHAN. Mr. Chairman, we accept the gentleman's amendment.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Etheridge).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. ETHERIDGE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from North 
Carolina will be postponed.

                              {time}  1730

  The Clerk will read.
  The Clerk read as follows:


               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Trafficking Victims Protection 
     Reauthorization Act of 2005 (Public Law 109-164); the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162); and the 
     Victims of Trafficking and Violence Protection Act of 2000 
     (Public Law 106-386); and other programs; $1,315,000,000 
     (including amounts for administrative costs, which shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account): Provided, That funding provided under this heading 
     shall remain available until expended as follows:
       (1) $600,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of

[[Page 20605]]

     the 1968 Act, as amended by section 1111 of Public Law 109-
     162 (except that the special rules for Puerto Rico under 
     section 505(g) of the 1968 Act, as amended by section 1111 of 
     Public Law 109-162, shall not apply for purposes of this 
     Act), of which $25,000,000 is for State and local law 
     enforcement for security associated with the 2008 
     Presidential Candidate Nominating Conventions, to be divided 
     equally between the conventions; and $10,000,000 is for the 
     National Institute of Justice in assisting units of local 
     government to identify, select, develop, modernize, and 
     purchase new technologies for use by law enforcement;
       (2) $405,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)), as 
     amended by section 1196 of Public Law 109-162;
       (3) $30,000,000 for the Southwest Border Prosecutor 
     Initiative to reimburse State, county, parish, tribal, 
     municipal governments only for costs associated with the 
     prosecution of criminal cases declined by local offices of 
     the United States Attorneys;
       (4) $124,500,000 for discretionary grants, notwithstanding 
     the provisions of section 505 of the 1968 Act;
       (5) $1,000,000 for the Missing Alzheimer's Disease Patient 
     Alert Program, as authorized by section 240001(c) of the 1994 
     Act;
       (6) $15,000,000 for activities authorized under Public Law 
     109-164;
       (7) $40,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act, as amended by section 
     1142 of Public Law 109-162;
       (8) $7,500,000 for a prescription drug monitoring program;
       (9) $25,000,000 for prison rape prevention and prosecution 
     programs, as authorized by the Prison Rape Elimination Act of 
     2003 (Public Law 108-79), of which $1,800,000 shall be 
     transferred to the National Prison Rape Elimination 
     Commission for authorized activities;
       (10) $10,000,000 for grants for residential substance abuse 
     treatment for State prisoners, as authorized by part S of the 
     1968 Act;
       (11) $5,000,000 for a program to improve State and local 
     law enforcement intelligence capabilities including 
     antiterrorism training and training to ensure that 
     constitutional rights, civil liberties, civil rights, and 
     privacy interests are protected;
       (12) $31,000,000 for assistance to Indian tribes, of 
     which--
       (A) $12,000,000 shall be available for grants under section 
     20109(a)(2) of subtitle A of title II of the 1994 Act;
       (B) $12,000,000 shall be available for the Tribal Courts 
     Initiative; and
       (C) $7,000,000 shall be available for tribal alcohol and 
     substance abuse reduction assistance grants;
       (13) $1,000,000 for a capital litigation improvement grant 
     program;
       (14) $10,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act; and
       (15) $10,000,000 for sex offender management assistance as 
     authorized by the Adam Walsh Child Protection and Safety Act 
     of 2006 (Public Law 109-248), the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162), and the Violent Crime Control and Law Enforcement 
     Act of 1994 (Public Law 103-322):

     Provided further, That, if a unit of local government uses 
     any of the funds made available under this title to increase 
     the number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform nonadministrative public 
     safety service.


                  community oriented policing services

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322), the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''), the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), and the USA 
     PATRIOT Improvement and Reauthorization Act of 2005 (Public 
     Law 109-177) (including administrative costs), $725,000,000, 
     to remain available until expended: Provided, That of the 
     funds under this heading, not to exceed $2,575,000 shall be 
     available for the Office of Justice Programs for reimbursable 
     services associated with programs administered by the 
     Community Oriented Policing Services Office: Provided 
     further, That any balances made available through prior year 
     deobligations shall only be available in accordance with 
     section 505 of this Act. Of the amount provided--
       (1) $30,000,000 is for the matching grant program for armor 
     vests for law enforcement officers, as authorized by section 
     2501 of part Y of the 1968 Act;
       (2) $85,000,000 is for grants to address public safety and 
     methamphetamine manufacturing, sale, and use in hot spots as 
     authorized by section 754 of Public Law 109-177;
       (3) $128,000,000 is for law enforcement technologies and 
     interoperable communications;
       (4) $15,000,000 is for an offender re-entry program;
       (5) $12,000,000 is for grants to upgrade criminal records, 
     as authorized under the Crime Identification Technology Act 
     of 1998 (42 U.S.C. 14601);
       (6) $175,000,000 is for a DNA analysis and capacity 
     enhancement program, and for other local, State, and Federal 
     forensic activities, of which not less than $151,000,000 
     shall be for reducing and eliminating the backlog of DNA 
     samples and for increasing State and local DNA laboratory 
     capacity;
       (7) $18,000,000 is for improving tribal law enforcement, 
     including equipment and training;
       (8) $80,000,000 is for programs to reduce gun crime and 
     gang violence;
       (9) $4,000,000 is for training and technical assistance;
       (10) $49,692,000 is for the Office of Weed and Seed 
     Strategies, as authorized by section 103 of the 1968 Act, as 
     amended by section 1121 of Public Law 109-162;
       (11) not to exceed $28,308,000 is for program management 
     and administration; and
       (12) $100,000,000 for grants under section 1701 of title I 
     of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
     rehiring of additional career law enforcement officers under 
     part Q of such title notwithstanding subsection (i) of such 
     section.


                    Amendment Offered by Mr. Chabot

  Mr. CHABOT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Chabot:
       Page 47, line 1, after the dollar amount, insert ``(reduced 
     by $15,000,000)''.
       Page 47, line 14, after the dollar amount, insert 
     ``(increased by $15,000,000)''.

  Mr. CHABOT (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. CHABOT. Mr. Chairman, this amendment is really very 
straightforward. It would add $15 million to the $15 million presently 
designated for jurisdictions experiencing a high rate of violent and 
drug trafficking crime involving firearms. My amendment would offset 
this increase by taking $15 million from a new offender reentry program 
that the underlying bill appears to authorize.
  Mr. Chairman, there is no doubt that reentry programs play a critical 
role in the criminal justice system, ensuring that offenders who are 
released back into our communities receive the assistance they need to 
make them productive members of our communities. Indeed, millions of 
offenders are released back into our communities each year. More often 
than not, these individuals are released back into society without 
support, increasing the likelihood of recidivism, jeopardizing the 
safety of our communities, and ultimately increasing the cost to 
society.
  In fiscal year 2006, more than $13 million in Federal funds were 
awarded to States to assist them with their reentry programs. During 
that same year, more than $146 million was allocated to the Federal 
Bureau of Prisons to help community corrections centers across the 
Nation get inmates who are close to being released the assistance they 
needed.
  This Congress, the House is set to consider H.R. 1593, the Second 
Chance Act of 2007, of which I am an original cosponsor. This 
legislation would, among other things, reauthorize State and local 
adult and juvenile reentry programs at a level of $65 million for 
fiscal year 2008 and 2009. Yet, at the same time we cannot forget the 
needs of our communities. More must be done to give State and local law 
enforcement the resources they need to combat the violent crime and 
gang activity that continues to plague our cities, including my city, 
Cincinnati, particularly violent crimes committed with firearms.
  According to the Bureau of Justice statistics, in 2005, 65 percent of 
all murders, 42 percent of all robberies, and 21 percent of all 
aggravated assaults that were reported to police were committed with 
firearms.
  Moreover, the violent crime associated with gang activity continues 
to leave residents in our Nation's cities and towns feeling like 
prisoners in their own homes. In my own city, Cincinnati, crimes 
committed with firearms, local gang activity, and drug trafficking 
continue to threaten the well-being of law-abiding citizens. In fact, 
this past spring the Cincinnati City Council voted to obtain the help 
of renowned Professor David Kennedy

[[Page 20606]]

to assist the city in fighting violent crime.
  Making additional funds available in this jurisdiction and 
jurisdictions across the country will empower residents of cities and 
towns to take back their communities and make them a safer place to 
live and work and raise our families. I urge my colleagues to support 
this amendment.
  I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from West Virginia is recognized 
for 5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I admit to being a bit confused by the 
gentleman's logic here, who I have great respect and great regard for. 
He comes out of an exemplary academic background, and I can't imagine 
how we could be thinking differently on this amendment. Nevertheless, 
we do, and I rise in strong opposition to the amendment as I understand 
it.
  I am particularly pleased that the bill provides $80 million for 
State and local grants to address violent crime and gun crime across 
the Nation, the two issues that the gentleman expresses concern about. 
I hope he agreed with the committee when we increased funding for this 
purpose by $35 million over 2007. I have to oppose his amendment 
because of the offset of $15 million for law enforcement costs of 
offender reentry programs.
  These are the programs that go hand in glove with our other law 
enforcement activities. Recidivism is a terrible problem. These 
programs establish partnerships with correctional institutions, with 
community corrections, with social services, with faith-based 
institutions and with community policing groups. They want to help make 
our communities safer.
  Our Nation's prisons are bursting at the seams. In the Federal 
prisons alone we have an inmate population that has risen six-fold 
since 1980; we have 195,000 inmates in Federal prison. The recidivism 
rate is 40 percent, and in the States it is 67 percent. If we reduce 
those numbers, we are dramatically not only reducing crime in the 
country and reducing the recidivism rate in the process, we are doing 
both at one time. So these statistics being deplorable, we need more 
resources applied to addressing recidivism. For those reasons, I must 
oppose the gentleman's amendment.
  In light of the fact that we have increased funding significantly for 
the violent gang and the gun crimes across the country by $35 million 
and by providing $80 million in this bill, that seems to be a healthy 
increase for that purpose that the gentleman expressed his concern 
about.
  Mr. CHABOT. Mr. Chairman, will the gentleman yield?
  Mr. MOLLOHAN. I yield to the gentleman from Ohio.
  Mr. CHABOT. I thank the gentleman for yielding.
  I want to first of all compliment him for the fact that he also 
attended an institution which I think is probably one of the best 
colleges in the country.
  Mr. MOLLOHAN. It certainly is.
  Mr. CHABOT. We happened to go to the same college, by the way.
  As far as the committee report, it says that the committee directs 
that the remaining $15 million will be available to jurisdictions 
experiencing a high rate of violent and drug trafficking crime 
involving firearms. And we certainly support that.
  What we are trying to do is increase that, because we think there 
should be additional funding because we do believe that gang activity 
and violence is plaguing a number of communities, including the one 
that I happen to represent, the city of Cincinnati. And when we looked 
into the bill, when we called the committee for further clarification 
about what the other $15 million went toward, we were told that this 
provision had been inserted in previous Congresses, but that they 
weren't really sure what, if any, reentry program that they were 
referring to.
  So rather than just let the money sit, I propose to give it to those 
jurisdictions that are falling victim to violent crime and drug 
traffickers, particularly those that are committed with firearms. And I 
don't believe that the $15 million, as I said, that is currently in the 
bill is sufficient. And since this money was available and wasn't 
designated, to our knowledge, in any particular program, we thought 
that it would be appropriate to increase the funding so that we could 
help more cities better fight against gang activity and violence, and 
particularly when those are involved with firearms.
  Mr. MOLLOHAN. I can assure the gentleman that I am fully in support 
of his purpose. This is the first time that I have been introduced to 
his concerns specifically, and I am advised our staff haven't really 
talked.
  I don't know if there is a way that the gentleman feels we can 
accommodate him.
  The Acting CHAIRMAN. The time of the gentleman from West Virginia has 
expired.
  (By unanimous consent, Mr. Mollohan was allowed to proceed for 2 
additional minutes.)
  Mr. CHABOT. If the gentleman would yield, I would be happy to work 
with the gentleman in good faith, and perhaps we could work out 
something that would boost up the money for our cities.
  Mr. MOLLOHAN. I just can't believe that we cannot do that, if the 
gentleman would wish to withdraw his amendment.
  Mr. CHABOT. With that understanding, we would be happy to withdraw 
the amendment and work with the gentleman on that issue.
  Mr. MOLLOHAN. I thank the gentleman.
  Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from New Jersey is recognized for 
5 minutes.
  Mr. FRELINGHUYSEN. I just wanted to say that it has been interesting 
to be a spectator between two William & Mary graduates. We are not 
allowed to make product endorsements on the floor, but it is good to 
see that the logic will reign, and I will be supporting the Chair's 
logic.
  I yield back the balance of my time.
  Mr. CHABOT. Mr. Chairman, I ask unanimous consent to withdraw the 
amendment, with the understanding we can work together.
  The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed, in the following order:
  Amendment No. 4 by Mr. Rogers of Michigan.
  An amendment by Mr. Sessions of Texas.
  An amendment by Mrs. Capito of West Virginia.
  An amendment by Mr. Shimkus of Illinois.
  Amendment No. 22 by Mr. English of Pennsylvania.
  An amendment by Ms. Zoe Lofgren of California.
  An amendment by Mr. King of Iowa.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


           Amendment No. 4 Offered by Mr. Rogers of Michigan

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Rogers) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 200, 
noes 228, not voting 8, as follows:

                             [Roll No. 720]

                               AYES--200

     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt

[[Page 20607]]


     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     LaTourette
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shuler
     Shuster
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Upton
     Walberg
     Walden (OR)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NOES--228

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Calvert
     Campbell (CA)
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Doyle
     Edwards
     Ehlers
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Ferguson
     Filner
     Frank (MA)
     Frelinghuysen
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Rangel
     Regula
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Simpson
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--8

     Clarke
     Cubin
     Davis, Jo Ann
     Hunter
     LaHood
     Marshall
     Wamp
     Young (AK)

                              {time}  1804

  Mr. WALSH of New York, Mr. BILBRAY, Mrs. CAPPS, and Messrs. MEEKS of 
New York, WEINER, and McNULTY changed their vote from ``aye'' to 
``no.''
  Messrs. DENT, TERRY, UDALL of Colorado, POE, LATHAM, and Mrs. EMERSON 
changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Sessions

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Sessions) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 125, 
noes 294, not voting 17, as follows:

                             [Roll No. 721]

                               AYES--125

     Akin
     Bachmann
     Baker
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Buchanan
     Burton (IN)
     Buyer
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Conaway
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Ehlers
     Everett
     Feeney
     Flake
     Fortuno
     Fossella
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kline (MN)
     Knollenberg
     Lamborn
     Linder
     LoBiondo
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Rehberg
     Reichert
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shuster
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Tiahrt
     Tiberi
     Walberg
     Westmoreland
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NOES--294

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Butterfield
     Calvert
     Camp (MI)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Duncan
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gonzalez
     Goode
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hayes
     Herger
     Herseth Sandlin
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen

[[Page 20608]]


     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kingston
     Kirk
     Klein (FL)
     Kucinich
     Kuhl (NY)
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pomeroy
     Price (NC)
     Pryce (OH)
     Rahall
     Rangel
     Regula
     Renzi
     Reyes
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--17

     Bean
     Clarke
     Cubin
     Davis, Jo Ann
     Davis, Lincoln
     Higgins
     Hirono
     Hunter
     Jones (OH)
     LaHood
     Larson (CT)
     Mahoney (FL)
     Marshall
     Reynolds
     Wamp
     Weldon (FL)
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there is 1 
minute remaining in this vote.

                              {time}  1808

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mrs. Capito

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from West 
Virginia (Mrs. Capito) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 229, 
noes 196, not voting 11, as follows:

                             [Roll No. 722]

                               AYES--229

     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berry
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Chandler
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     DeFazio
     Dent
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hobson
     Hoekstra
     Hooley
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Walberg
     Walden (OR)
     Walz (MN)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wu
     Young (FL)

                               NOES--196

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Arcuri
     Baca
     Baird
     Baldwin
     Becerra
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boucher
     Boyd (FL)
     Brady (PA)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Christensen
     Clay
     Cleaver
     Clyburn
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ehlers
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Price (NC)
     Rahall
     Rangel
     Regula
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Rush
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Simpson
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wynn
     Yarmuth

                             NOT VOTING--11

     Andrews
     Brown, Corrine
     Clarke
     Cubin
     Davis, Jo Ann
     Hunter
     LaHood
     Marshall
     Ruppersberger
     Wamp
     Young (AK)

                              {time}  1812

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Shimkus

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Illinois 
(Mr. Shimkus) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.

[[Page 20609]]

  The vote was taken by electronic device, and there were--ayes 340, 
noes 87, not voting 9, as follows:

                             [Roll No. 723]

                               AYES--340

     Abercrombie
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emerson
     Engel
     English (PA)
     Eshoo
     Everett
     Faleomavaega
     Fallin
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hayes
     Heller
     Herger
     Herseth Sandlin
     Hill
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holt
     Hooley
     Hulshof
     Inglis (SC)
     Inslee
     Issa
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Levin
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Norton
     Nunes
     Ortiz
     Pallone
     Pearce
     Pence
     Perlmutter
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Royce
     Rush
     Ryan (OH)
     Ryan (WI)
     Sali
     Sanchez, Loretta
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Walberg
     Walden (OR)
     Walz (MN)
     Wasserman Schultz
     Watson
     Watt
     Weiner
     Welch (VT)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--87

     Ackerman
     Alexander
     Baird
     Baldwin
     Biggert
     Bilbray
     Blumenauer
     Boucher
     Boyd (FL)
     Butterfield
     Calvert
     Capuano
     Clay
     Culberson
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Ellison
     Emanuel
     Etheridge
     Farr
     Frank (MA)
     Frelinghuysen
     Gonzalez
     Grijalva
     Hastings (FL)
     Hastings (WA)
     Hensarling
     Higgins
     Hinchey
     Holden
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Kingston
     Kucinich
     Larson (CT)
     Lee
     Lewis (CA)
     Lewis (GA)
     McCaul (TX)
     McCollum (MN)
     McDermott
     Miller (NC)
     Miller, George
     Mollohan
     Moore (WI)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pascrell
     Pastor
     Paul
     Payne
     Peterson (MN)
     Price (NC)
     Rahall
     Rangel
     Roybal-Allard
     Ruppersberger
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Serrano
     Simpson
     Sires
     Solis
     Stark
     Tierney
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Waters
     Waxman
     Weldon (FL)
     Wexler
     Wilson (OH)
     Wolf

                             NOT VOTING--9

     Clarke
     Cubin
     Davis, Jo Ann
     Hunter
     LaHood
     Marshall
     Nadler
     Wamp
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are reminded there is 
1 minute remaining in this vote.

                              {time}  1818

  Ms. WATERS and Ms. LINDA T. SANCHEZ of California changed their vote 
from ``aye'' to ``no.''
  Mr. MARKEY, Ms. LORETTA SANCHEZ of California, Ms. EDDIE BERNICE 
JOHNSON of Texas, and Ms. BERKLEY changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


        Amendment No. 22 Offered by Mr. English of Pennsylvania

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. English) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 83, 
noes 342, not voting 11, as follows:

                             [Roll No. 724]

                                AYES--83

     Aderholt
     Akin
     Bachmann
     Bean
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Boswell
     Buyer
     Cannon
     Capito
     Carter
     Chabot
     Cuellar
     Davis (KY)
     Davis, David
     Dent
     Donnelly
     Dreier
     Emerson
     English (PA)
     Feeney
     Flake
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gingrey
     Gohmert
     Granger
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Jordan
     King (IA)
     Kline (MN)
     Kuhl (NY)
     Lamborn
     Manzullo
     Matheson
     McCaul (TX)
     McCrery
     McHenry
     McHugh
     McKeon
     Meeks (NY)
     Mica
     Murphy, Patrick
     Myrick
     Nunes
     Pearce
     Peterson (PA)
     Platts
     Poe
     Price (GA)
     Reynolds
     Rogers (AL)
     Rogers (MI)
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (WA)
     Space
     Tancredo
     Tanner
     Tiberi
     Turner
     Walberg
     Weller
     Wicker
     Wilson (SC)

                               NOES--342

     Abercrombie
     Ackerman
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gilchrest
     Gillmor
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva

[[Page 20610]]


     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Marchant
     Markey
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McIntyre
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Tim
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pence
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Rodriguez
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Westmoreland
     Wexler
     Whitfield
     Wilson (NM)
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                             NOT VOTING--11

     Clarke
     Cubin
     Davis, Jo Ann
     Hall (TX)
     Hunter
     LaHood
     Marshall
     Rangel
     Sullivan
     Wamp
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). There is less than 1 minute 
remaining in this vote.

                              {time}  1821

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


           Amendment Offered by Ms. Zoe Lofgren of California

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Zoe Lofgren) on which further proceedings were 
postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 388, 
noes 39, not voting 9, as follows:

                             [Roll No. 725]

                               AYES--388

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinojosa
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Ortiz
     Pallone
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--39

     Alexander
     Baker
     Berry
     Bonner
     Clay
     Delahunt
     DeLauro
     Dicks
     Dingell
     Ehlers
     Everett
     Frank (MA)
     Frelinghuysen
     Gutierrez
     Hinchey
     Hoekstra
     Hoyer
     Jackson (IL)
     Kennedy
     Langevin
     Latham
     Lynch
     McCollum (MN)
     McDermott
     Melancon
     Michaud
     Mollohan
     Oberstar
     Obey
     Olver
     Pascrell
     Rahall
     Rothman
     Ruppersberger
     Sali
     Terry
     Visclosky
     Wilson (SC)
     Wynn

                             NOT VOTING--9

     Clarke
     Cubin
     Davis, Jo Ann
     Hunter
     LaHood
     Marshall
     Rangel
     Wamp
     Young (AK)

                              {time}  1826

  Mr. DELAHUNT changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. MOLLOHAN. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.

[[Page 20611]]

  Accordingly, the Committee rose; and the Speaker having assumed the 
chair, Mr. Hastings of Florida, Acting Chairman of the Committee of the 
Whole House on the state of the Union, reported that that Committee, 
having had under consideration the bill (H.R. 3093) making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes, had come to no resolution thereon.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER laid before the House the following communication from 
the Clerk of the House of Representatives:
                                              Office of the Clerk,


                                     House of Representatives,

                                    Washington, DC, July 24, 2007.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: I have the honor to transmit herewith a 
     facsimile copy of a letter received from the Honorable Sonny 
     Perdue, Governor, State of Georgia, indicating that, 
     according to the official returns of the Special Election 
     held July 17, 2007, the Honorable Paul Broun was elected 
     Representative to Congress for the Tenth Congressional 
     District, State of Georgia.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk.
                                  ____

                                                 State of Georgia,


                                       Office of the Governor,

                                       Atlanta, GA, July 24, 2007.
     Hon. Lorraine C. Miller,
     Clerk, House of Representatives,
     Washington, DC.
       Dear Ms. Miller: This is to advise you that the Honorable 
     Karen Handel, Secretary of State of Georgia, has certified 
     the results of the Special Election held on Tuesday, July 17, 
     2007, for Representative in Congress from the Tenth 
     Congressional District of Georgia. The results show that Paul 
     C. Broun, Jr. received 23,529 or 50.42 percent of the total 
     number of votes cast for that office. The Certification of 
     Election is enclosed.
       I have issued Dr. Broun's commission to serve as the 
     Representative in Congress from Georgia's Tenth Congressional 
     District of Georgia. There appears to be no contest to this 
     election.
           Sincerely,
                                                     Sonny Perdue,
     Governor.

                          ____________________




SWEARING IN OF THE HONORABLE PAUL C. BROUN, OF GEORGIA, AS A MEMBER OF 
                               THE HOUSE

  The SPEAKER. Will the Representative-elect and the Members of the 
Georgia delegation present themselves in the well.
  Mr. BROUN appeared at the bar of the House and took the oath of 
office, as follows:
  Do you solemnly swear or affirm that you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion; and that you will well and faithfully discharge the 
duties of the office on which you are about to enter, so help you God.
  The SPEAKER. Congratulations, you are now a Member of the 110th 
Congress.

                          ____________________




 WELCOMING THE HONORABLE PAUL C. BROUN TO THE HOUSE OF REPRESENTATIVES

  (Mr. LEWIS of Georgia asked and was given permission to address the 
House for 1 minute.)
  Mr. LEWIS of Georgia. Madam Speaker, as dean of the Georgia 
delegation, I rise to welcome a new Member to the United States House 
of Representatives, Dr. Paul Broun.
  Dr. Broun is one of four men of medicine in the Georgia delegation. 
He succeeds our friend and late colleague, Dr. Charlie Norwood, who 
also was a physician.
  Dr. Broun is a graduate of the University of Georgia in Athens and 
the Medical College of Georgia in Augusta. He served his country as a 
United States Marine and as a Medical Officer in the United States 
Navy. He is married to Niki Bronson Broun. They have two children and 
two grandchildren.
  Dr. Broun comes from a well-known political family in Georgia. His 
father was a well-respected State senator from Athens for 38 years. I 
could say, I can say, and I must say, he was a Democrat.
  Mr. Broun of Georgia. A conservative one, at that.
  Mr. LEWIS of Georgia. On behalf of all of the Members of the 
delegation, I want to welcome Dr. Paul Broun from the 10th 
Congressional District of Georgia to the United States House of 
Representatives.
  Madam Speaker, I yield to Congressman Jack Kingston, from the First 
Congressional District of Georgia.
  Mr. KINGSTON. Madam Speaker, Members of the House, and my friend John 
Lewis, you are correct. His father was my State senator and John 
Barrow's State senator for 38 years. He was a very well-respected 
Democrat. We all liked him a lot. But he sure raised his son the right 
way. We are glad to have him.
  We all miss and loved Charlie Norwood. You know, in this House, there 
are creatures of habit. Of course, any time you want to see Mr. Murtha 
and the Pennsylvania delegation, you go to that corner. Any time you 
want to see Mr. Young and anybody who wants something out of him from 
Appropriations, all the Florida Members, you go over to that corner. I 
think, in Charlie's memory, we will all begin to think that the Georgia 
delegation will be sitting there.
  Paul, we are going to be very happy to have you sitting amongst us.
  Paul, John Barrow and I went to the same junior high school. We are 
very proud to boast about that. He is an avid fly-fisherman. He is a 
sportsman. He did volunteer work for Safari-International and worked 
with many of you, got to know Ron Marlene very well and Jo Ann Emerson, 
among others, and he is ready to go on any codel to Montana or Wyoming 
that he gets invited to.
  Paul is going to be a great Member of the House. He is a hard worker. 
I think you will like him on both sides of the aisle because he will 
work for what is best for the United States of America.
  Mr. Lewis has already gone over his resume, so I won't repeat it. But 
I will just say, Paul, welcome to the greatest body the world has ever 
seen, the United States House of Representatives.
  Mr. Broun of Georgia. Madam Speaker and colleagues, I am glad to call 
you colleagues. I am eager to work with you. I am eager to represent 
the people of the 10th Congressional District of Georgia. It is 
exciting to me. Just 1 week ago, I was campaigning. Things have been 
going very quickly ever since then. I am just overwhelmed.
  I look forward to working with you and working with this great, 
august body. I appreciate the opportunity. I appreciate the well wishes 
and all of the host of welcomes that I have gotten from each and every 
one of you.
  So I appreciate the welcome that you all have given me. I look 
forward to working with you. Thank you so much. God bless you.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. Under clause 5(d) of rule XX, the Chair announces to the 
House that, in light of the administration of the oath to the gentleman 
from Georgia, Mr. Paul Broun, the whole number of the House is 433.

                          ____________________




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2008

  The SPEAKER. Pursuant to House Resolution 562 and rule XVIII, the 
Chair declares the House in the Committee of the Whole House on the 
state of the Union for the further consideration of the bill, H.R. 
3093.

                              {time}  1837


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 3093) making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for

[[Page 20612]]

the fiscal year ending September 30, 2008, and for other purposes, with 
Mr. Hastings of Florida (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, the amendment by the gentlewoman from California (Ms. Zoe 
Lofgren) had been disposed of and the bill had been read through page 
48, line 3.


                 Amendment Offered by Mr. King of Iowa

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Iowa (Mr. 
King) on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. Pursuant to the order of the House of today, 
this is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 19, 
noes 389, answered ``present'' 16, not voting 13, as follows:

                             [Roll No. 726]

                                AYES--19

     Bishop (UT)
     Buyer
     Cannon
     Davis (KY)
     Deal (GA)
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gohmert
     King (IA)
     Lamborn
     McHenry
     Pearce
     Pitts
     Rogers (AL)
     Sali
     Sessions
     Tancredo
     Westmoreland

                               NOES--389

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boehner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum (MN)
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                        ANSWERED ``PRESENT''--16

     Bachmann
     Barrett (SC)
     Blackburn
     Bonner
     Delahunt
     Doyle
     Green, Gene
     Hastings (FL)
     Hastings (WA)
     Jones (OH)
     Kline (MN)
     Latham
     McCaul (TX)
     McCotter
     Roybal-Allard
     Sensenbrenner

                             NOT VOTING--13

     Broun (GA)
     Christensen
     Clarke
     Cubin
     Davis, Jo Ann
     DeFazio
     Hill
     Hunter
     LaHood
     Marshall
     Rangel
     Royce
     Young (AK)

                              {time}  1844

  Mr. HASTINGS of Florida changed his vote from ``no'' to ``present.''
  Mr. GINGREY changed his vote from ``present'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''), the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), and other 
     juvenile justice programs, including salaries and expenses in 
     connection therewith to be transferred to and merged with the 
     appropriations for Justice Assistance, $399,900,000, to 
     remain available until expended as follows:
       (1) $725,000 for concentration of Federal efforts, as 
     authorized by section 204 of the 1974 Act;
       (2) $81,175,000 for State and local programs authorized by 
     section 221 of the 1974 Act, including training and technical 
     assistance to assist small, non-profit organizations with the 
     Federal grants process;
       (3) $53,000,000 for demonstration projects, as authorized 
     by sections 261 and 262 of the 1974 Act;
       (4) $100,000,000 for youth mentoring grants;
       (5) $70,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which--
       (A) $17,500,000 shall be for the Tribal Youth Program;
       (B) $25,000,000 shall be for a gang resistance education 
     and training program; and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $6,640,000 shall be available for discretionary 
     grants to States, for programs and activities to enforce 
     State laws prohibiting the sale of alcoholic beverages to 
     minors or the purchase or consumption of alcoholic beverages 
     by minors, prevention and reduction of consumption of 
     alcoholic beverages by minors, and for technical assistance 
     and training;
       (6) $20,000,000 for the Secure Our Schools Act, as 
     authorized by part AA of the 1968 Act, as amended by section 
     1169 of Public Law 109-162;
       (7) $15,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (8) $60,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of the 1968 Act, as 
     amended by section 1166 of Public Law 109-162 and Guam shall 
     be considered a State:

     Provided, That not more than ten percent of each amount may 
     be used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized: 
     Provided further, That not more than

[[Page 20613]]

     two percent of each amount may be used for training and 
     technical assistance: Provided further, That the previous two 
     provisos shall not apply to demonstration projects, as 
     authorized by sections 261 and 262 of the 1974 Act.


                    public safety officers benefits

       For payments and expenses authorized by part L of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796), such sums as are necessary, as authorized by 
     section 6093 of Public Law 100-690 (102 Stat. 4339-4340) 
     (including amounts for administrative costs, which amounts 
     shall be paid to the ``Justice Assistance'' account), to 
     remain available until expended; and $5,000,000 for payments 
     authorized by section 1201(b) of such Act; and $4,100,000 for 
     educational assistance, as authorized by section 1212 of such 
     Act.

               General Provisions--Department of Justice

       Sec. 201. In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $60,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202. None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203. None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204. Nothing in the preceding section shall remove the 
     obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205. Not to exceed five percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than ten percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section: Provided 
     further, That none of the funds appropriated to ``Buildings 
     and Facilities, Federal Prison System'' in this or any other 
     Act may be transferred to ``Salaries and Expenses, Federal 
     Prison System'', or any other Department of Justice account, 
     unless the President certifies that such a transfer is 
     necessary to the national security interests of the United 
     States, and such authority shall not be delegated, and shall 
     be subject to section 505 of this Act.
       Sec. 206. The Attorney General is authorized to extend 
     through September 30, 2009, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 207. Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation initiated by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives that is necessary for the 
     detection and prosecution of crimes against the United 
     States.
       Sec. 208. None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210. None of the funds made available under this title 
     shall be obligated or expended for SENTINEL, or for any other 
     major new or enhanced information technology program having 
     total estimated development costs in excess of $100,000,000, 
     unless the Deputy Attorney General and the investment review 
     board certify to the Committee on Appropriations that the 
     information technology program has appropriate program 
     management and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 211. (a) Section 589a of title 28, United States Code, 
     is amended in subsection (b) by--
       (1) striking ``and'' in paragraph (8);
       (2) striking the period in paragraph (9) and inserting ``; 
     and''; and
       (3) adding the following new paragraph:
       ``(10) fines imposed under section 110(l) of title 11, 
     United States Code.''.
       (b) Section 110(l)(4)(A) of title 11, United States Code, 
     is amended to read as follows:
       ``(A) Fines imposed under this subsection in judicial 
     districts served by United States trustees shall be paid to 
     the United States trustees, who shall deposit an amount equal 
     to such fines in the United States Trustee Fund.''.
       Sec. 212. (a) Section 1930(a) of title 28, United States 
     Code, is amended in paragraph (6) by striking all that 
     follows ``whichever occurs first.'' and inserting the 
     following: ``The fee shall be $325 for each quarter in which 
     disbursements total less than $15,000; $650 for each quarter 
     in which disbursements total $15,000 or more but less than 
     $75,000; $975 for each quarter in which disbursements total 
     $75,000 or more but less than $150,000; $1,625 for each 
     quarter in which disbursements total $150,000 or more but 
     less than $225,000; $1,950 for each quarter in which 
     disbursements total $225,000 or more but less than $300,000; 
     $4,875 for each quarter in which disbursements total $300,000 
     or more but less than $1,000,000; $6,500 for each quarter in 
     which disbursements total $1,000,000 or more but less than 
     $2,000,000; $9,750 for each quarter in which disbursements 
     total $2,000,000 or more but less than $3,000,000; $10,400 
     for each quarter in which disbursements total $3,000,000 or 
     more but less than $5,000,000; $13,000 for each quarter in 
     which disbursements total $5,000,000 or more but less than 
     $15,000,000; $20,000 for each quarter in which disbursements 
     total $15,000,000 or more but less than $30,000,000; and 
     $30,000 for each quarter in which disbursements total more 
     than $30,000,000. The fee shall be payable on the last day of 
     the calendar month following the calendar quarter for which 
     the fee is owed''.
       (b) This section and the amendment made by this section 
     shall take effect January 1, 2008, or the date of the 
     enactment of this Act, whichever is later.
       Sec. 213. None of the funds appropriated by this Act may be 
     used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.


                Amendment No. 9 Offered by Mr. Sessions

  Mr. SESSIONS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Sessions:
       Strike section 213.

  Mr. SESSIONS. Mr. Chairman, my amendment would strike section 213 of 
this legislation which, as drafted, would have the same anticompetitive 
effect as language already included in a number of the Democrat 
majority's other appropriations bills by preventing funds from being 
spent to conduct public-private competitions.
  In this case, it would prevent funds from being used to allow the 
private sector to compete against the government for jobs at the Bureau 
of Prisons or Federal Prison Industries, Incorporated.
  While this policy may be good for increasing dues payments to the 
public-sector union bosses, it is unquestionably bad for taxpayers and 
for Federal agencies because agencies are left with less money to spend 
on their core missions when Congress takes the opportunity to take 
competition away from them.
  In 2006, Federal agencies ``competed'' only 1.7 percent of their 
commercial workforce, which makes up less than one-half of 1 percent of 
the entire civilian workforce. This very small use of competition for 
services is expected to generate savings of $1.3 billion over the next 
10 years by closing performance gaps and improving efficiencies.
  Competitions completed since 2003 are expected to produce almost $7 
billion in savings for taxpayers over the next 10 years. This means 
that taxpayers will receive a return of about $31 for every dollar 
spent on competition, with annualized expected savings of more than $1 
billion.

[[Page 20614]]

  This provision, included by the Democrat Appropriations Committee, 
directly contradicts a number of legislative provisions recently passed 
on this issue by the House, including: The conference report for the 
1997 omnibus appropriations bill, which specifically directed the 
Bureau of Prisons to undertake a prison privatization demonstration 
project; also, the National Capital Revitalization and Self-Government 
Improvement Act of 1997, which directed the Bureau of Prisons to 
rehabilitate D.C. inmates in private prisons; and since 2001, every 
Commerce-Justice-State appropriations bill has directed the Bureau of 
Prisons to contract for prison services.
  I think the answer is clear, Mr. Chairman, that when the Democrats 
claim that these services are ``inherently governmental,'' despite 
numerous citations in the A-76 circular that these activities are 
exempt from this definition, and prevent competitive sourcing from 
taking place, that the Democrat leadership is clearly hearing from 
labor bosses that this bill represents another good opportunity to 
increase their power at the expense of taxpayers and good government.
  In this time of stretched budgets and bloated Federal spending, 
Congress should be looking to use all of its tools it can to find 
taxpayer savings and reduce the cost of services that are being 
provided by thousands of hardworking companies nationwide.
  I urge all of my colleagues to support this commonsense, taxpayer-
first amendment to oppose the underlying provision to benefit public-
sector union bosses by keeping cost-saving competition available to the 
government.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from West Virginia is recognized 
for 5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  Mr. Chairman, this provision is simply a provision of fairness. It 
provides that contracting out of Federal employees in the U.S. Bureau 
of Prisons cannot be done under these A-76 guidelines and puts a 
prohibition on that.
  Now, we have accommodated in our language in our manager's amendments 
all of the concerns that we received from private industry. We have 
accommodated that. And the bill and report language were modified in 
the full committee's manager's amendment to clarify that the general 
provision does not impact the Bureau of Prisons' practice of 
contracting with State, local and private entities to meet needs for 
existing and new prison capacity.
  This language is compromise language. It protects Federal employees, 
professionals working in the Bureau of Prisons, who obviously have a 
very sensitive job and position, at the same time it accommodates the 
concerns of private industry with regard to appropriate contracting out 
by State and local and private entities.
  I urge opposition to the amendment on that basis. The bill is a good, 
balanced approach and accommodates the Federal employees who risk their 
lives every day working in correctional situations, but at the same 
time it accommodates the legitimate concerns of the private sector.
  Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from New Jersey is recognized for 
5 minutes.
  Mr. FRELINGHUYSEN. I rise to support the Sessions amendment. I 
believe in the A-76 process. I do think public and private competition 
is important. The contracts are important. The A-76 process I do think 
provides more efficiency and is definitely better for the taxpayers. So 
I support his amendment quite strongly.
  Mr. Chairman, I yield back the balance of my time.
  Mr. ANDREWS. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman from New Jersey is recognized for 
5 minutes.
  Mr. ANDREWS. Mr. Chairman, I would like to join the subcommittee 
chairman in opposition to this amendment.
  Members who believe in a balanced and fair competition where the 
taxpayers get the greatest value for the dollar should oppose this 
amendment and support the underlying bill. The underlying bill, as the 
chairman said, is a carefully crafted compromise that permits a 
rational assessment of the cost and benefits of contracting out, and 
provides for a fair appeal process where whichever side loses that 
process would have the opportunity to bring its case to another level 
and have it reexamined.
  So I think that the bill is neither pro-contracting out nor anti-
contracting-out. I think the bill strikes a fair balance, and it says 
in instances where someone decides a contract should be permitted, it 
happens; and for instances where it should not be, it does not.
  I commend the chairman for crafting a fair compromise. I join him in 
urging defeat of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Sessions).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. SESSIONS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


                    Amendment Offered by Mr. Inslee

  Mr. INSLEE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Inslee:
       Page 56, after line 7, insert the following new section:
       Sec. 214. The amounts otherwise provided by this title are 
     revised by reducing the amount made available for ``General 
     Administration--salaries and expenses'', and increasing the 
     amount made available for ``Office on violence against 
     women--violence against women prevention and prosecution 
     programs'' (consisting of an additional $6,000,000 for grants 
     to assist children and youth exposed to violence, $6,000,000 
     for services to advocate for and respond to youth, $1,000,000 
     for the national tribal sex offender registry, and $1,000,000 
     for research relating to violence against Indian women, as 
     authorized by sections 41303, 41201, 905(b), and 904, 
     respectively, of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005), by $14,000,000.

  Mr. INSLEE (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. INSLEE. Mr. Chairman, I rise to offer an important amendment that 
will help continue our work in Congress to break the cycle of domestic 
violence from which we still suffer. We started that work in the 
Violence Against Women Act of 2005. We now need to extend it.
  I want to recognize the chairman's strong showing of support for 
efforts against violence in this fashion by $60 million of funding. We 
appreciate that. But we do have several new programs that the Congress 
has authorized, has approved, has recognized as a valid effort that 
have not had an appropriation to date. We aim to fix that with an 
effort to provide that appropriation.
  It would direct the Department of Justice to administer grants to 
fund four priority new programs for children and Native women in order 
to break this chain, this multigenerational chain of violence.
  The amendment offered by myself and Mr. Burton would, for the first 
time, provide Federal funding to local domestic violence programs that 
provide direct intervention services to children who have witnessed 
domestic violence in their families. We know how witnessing violence 
ends up perpetuating violence down the chain of generations. We have to 
nip this in the bud.
  We have to get kids treatment early. We know this amendment will do 
it.

[[Page 20615]]

Men who have experienced violence in their families as children are 
twice as likely to become perpetrators themselves.

                              {time}  1900

  This amendment will also, for the first time, fund a competitive 
grant program for nonprofit organizations to provide community services 
to teens and young adult victims of domestic violence, sexual assault 
and stalking. We know girls and young women between age 16 and 24 have 
the highest rate of intimate partner violence. Teens need to learn at 
an early age about healthy relationships. This amendment will help 
that.
  My amendment also ensures that we can track crimes against American 
Indian and Alaska Native women through a national tribal sex offender 
registry. This is a place where we have been lacking resources in the 
tribes. One out of every three American Indian and Alaska Native women 
are victims of sexual assault on reservations.
  Currently, every State has a sexual offender registry, but crimes 
against native women are rarely entered. We need to pass this to fix 
that problem.
  So we know that this epidemic of domestic violence affects every 
State and community. We know that these VAWA programs can help break 
the cycle, and we know that we've authorized these programs, but we 
have not appropriated a dime for them. We have done this with some 
other new programs in this bill.
  We have carefully selected four programs. This has the wide support 
of groups across the country who have selected these four programs as 
the highest priorities of those programs that have been authorized but 
not appropriated.
  The Chair's done a good job with limited resources, but we hope that 
we can extend this effort and these authorized programs to nip and end 
this circle of violence.
  Mr. BURTON of Indiana. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. BURTON of Indiana. First of all, I want to thank Mr. Inslee for 
introducing this amendment. I'm very proud to cosponsor it with you. 
It's very needed, and the reason I know it's very needed is because the 
things you talked about I experienced as a boy. I won't be redundant 
and go into the things that you have mentioned and the reasons why this 
program is so necessary.
  But I do want you to know that I don't normally support changing 
money from one area to another like from the Department of Justice to 
these programs, but this is one of the most urgent needs in America, 
and it's been like this for the last 50 to 60 years.
  I can remember when we went to police headquarters with my mother 
after we'd been beaten and my father had beaten my mother, and the 
police sergeant said, If you don't get these kids home, I'm going to 
have you arrested for child abuse. That's the way it was in those days. 
There was no place for a woman to hide, and the children had to 
experience this.
  At 4 o'clock in the morning, when you hear your mother being beaten 
and you come down the stairs and your hair is standing straight up on 
the back of your head and your father turns and says to you, If you 
don't get back up the stairs, you're going to get some of this, kids 
should not have to endure that. They should not ever have to endure 
that. And the women who are treated like that should never have to 
endure that as well.
  It's a shame that there aren't more people talking about this because 
this is something that's an urgent, urgent need.
  Mr. Inslee's absolutely right about the chances for a child who's 
been abused like this to do the same things throughout the rest of 
their life. I was very fortunate that didn't happen, but I've known a 
lot of people who experienced that who did, and I think it's a tragic 
thing.
  We really need to find a way to get these women and kids into shelter 
and away from these abusive parents, fathers and sometimes mothers, and 
we need to help the women who are abused.
  As he just said, in the Native American community, there are women 
who are being raped and beaten, and there's really no place for them to 
turn. There's no registry so we can track these guys. That's a horrible 
thing to have to experience.
  So I just want to say to my colleagues, and as I said, I won't be 
redundant, but I was reading in our information that we use when we 
discuss these issues, I was reading that between 3.3 million and 10 
million children witness domestic violence every year. Can you imagine, 
up to 10 million kids that witness domestic violence in the home and 
elsewhere every single year? That's unforgivable. And at one time, in 1 
day, one 24-hour period, there were 18,000 children in the United 
States that received services and support because they were 
experiencing domestic violence, in one day. That's something, in my 
opinion, that's inexcusable.
  This is a very, very important piece of legislation. I would urge all 
of my colleagues to vote for this. There should not be one negative 
vote on this, not one, because there are kids and women who are 
suffering, sometimes every day. Sometimes the husband will beat the 
child and they'll turn around to the wife and say, I'll never do that 
again, and he does it the next week. Sometimes he'll beat his wife and 
he puts his arms around her, and I've seen this firsthand, he says, 
Honey, I will never do that again. And the next week she's beaten 
again, and she sometimes has no place to go and she feels like there's 
no hope.
  It's extremely important that we give these women and these kids 
hope, and that's why I say to you, Mr. Inslee, thank you very much for 
introducing this amendment. I hope it passes unanimously.
  With that, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment, 
and first of all, I want to acknowledge the compelling story of the 
gentleman from Indiana. That's truly moving. There's no two ways about 
it, and that's why we have this program, and that's why the 
subcommittee and the full committee strongly supported funding for VAWA 
and all of these grant programs, acknowledging at the same time that 
there are additional grant programs authorized under VAWA that have not 
received funding. We look forward to working on those, and this one in 
particular, as we move forward through conference.
  But let me suggest to the body that we would love to increase funding 
for programs like this, the Violence Against Women Act Programs. 
There's more compelling argument for it, particularly as described.
  Let me note, however, for the record that we have increased VAWA 
funding to $430 million. We rejected the President's proposal to shrink 
the grant program, actually to eliminate these individual grant 
programs, and to have a bloc grant program. We have continued to fund 
the various categories, and we certainly look forward to considering 
other authorized grant programs that are not currently funded.
  We funded, at $430 million, VAWA programs, a $60 million increase 
over the President's request, and $47 million over the 2007 funding 
level. That is a sizeable increase to this very worthy program, not 
that there couldn't be more. So I can't argue for one second to either 
of my colleagues against adding funding to VAWA.
  The real point is that we have significantly increased that funding 
because we share the concerns of the gentlemen who have spoken here, 
and I hope that we can all understand and agree with that.
  We are again targeting offsets in a general administration account. A 
$14 million cut to the Department of Justice general administration 
account will require layoffs. And let me just put this in perspective. 
We've already had a $30 million cut to this account. We're down from 
$104 million in Department of Justice general administration to $74 
million, and we're looking at another $14 million cut.

[[Page 20616]]

  At some point, everybody has to appreciate that there has to be some 
money in these administrative accounts to administer these programs 
that we all care about, and we have to get real about this process. 
This is obviously a very strong and passioned expression of support for 
the programs we've authorized to prevent violence against women, and 
we're all working in that venue. The committee did it by increasing the 
funding by $60 million over the President's request, almost $50 million 
over last year. You're doing it here today by adding another $14 
million. And we can't argue with the merit of that sentiment, but we 
can express concern and try to bring some reality to the offset 
suggested here.
  We are cutting Department of Justice general administration accounts 
below the level in which they can effectively operate and administer 
the very programs which we are increasing.
  So, reluctantly, I oppose the amendment. At the same time, I do look 
forward to working with the gentlemen, no matter what the outcome of 
the amendment, as the process moves forward.
  Mr. Chairman, I yield back my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington (Mr. Inslee).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. BURTON of Indiana. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Washington will be 
postponed.


                   Amendment Offered by Mr. Lipinski

  Mr. LIPINSKI. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Lipinski:
       Page 56, after line 7, insert the following new section:
       Sec. 214. For ``Office of Justice Programs--state and local 
     law enforcement assistance'' for the Law Enforcement Tribute 
     Act program, as authorized by section 11001 of the 21st 
     Century Department of Justice Appropriations Authorization 
     Act (Public Law 107-273), and the amount otherwise provided 
     by this title for ``General Administration--salaries and 
     expenses'' is hereby reduced by, $1,000,000.

  Mr. LIPINSKI. Mr. Chairman, I rise today to offer an amendment which 
would provide $1 million in funding for the Law Enforcement Tribute Act 
Program. This program provides one-time grants to help State and local 
governments complete permanent tributes that honor law enforcement and 
public safety officers who have been killed or seriously injured in the 
line of duty.
  There are currently 17,917 names engraved on the walls of the 
National Law Enforcement Officers Memorial in Washington, DC, including 
928 from my home State of Illinois. But many communities also want to 
honor their law enforcement heroes with local memorials or permanent 
tributes. The Law Enforcement Tribute Act Program provides support to 
States and localities to help them do this. Without this support, many 
communities would not be financially able to provide these worthy 
tributes.
  The Law Enforcement Tribute Act Program was authorized in fiscal year 
2002 at $3 million per year, but no funding has been appropriated since 
2003.
  Last year, this Chamber approved a similar amendment by voice vote 
when I offered it with Representatives Adam Schiff and Tom Davis. 
Unfortunately, that amendment, like the appropriations bill it was 
included in, never became law. Today, we have an opportunity to once 
again approve funding that will help communities honor all of those 
local heroes who have given so much to protect us.
  This amendment has the strong support of law enforcement groups all 
over the country, including the National Association of Police 
Organizations.
  Mr. Chairman, law enforcement and public safety officers dedicate 
their career and their lives to protecting us. Tributes provide us with 
a constant reminder of the sacrifices that they have made. The least we 
can do is help local communities honor these brave men and women.
  I urge my colleagues today to support this amendment.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, let me commend the gentleman from 
Illinois (Mr. Lipinski) for bringing this matter before the body again 
this year.
  The point is being made that this particular act is not being funded 
and it should be. It's extremely meritorious. The sacrifice, and the 
dedication, the commitment of our law enforcement people throughout the 
country need to be recognized, and this is the reason we passed the 
legislation.
  As we move this bill forward to conference, I hope that we can work 
with the gentleman and assure that there is funding on this provision, 
and we will commit to the gentleman to work with him in that regard.
  Mr. LIPINSKI. Mr. Chairman, will the gentleman yield?
  Mr. MOLLOHAN. I yield to the gentleman from Illinois.

                              {time}  1915

  Mr. LIPINSKI. Mr. Chairman, with that assurance, with the agreement 
that you will work, and I know that you see the great value in the 
program, to work in the conference on providing funding for this, I 
will withdraw the amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $5,515,000.

             National Aeronautics and Space Administration


                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; not to exceed 
     $14,000 for official reception and representation expenses; 
     and purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $5,696,100,000, of which 
     not less than $278,000,000 shall be for the Hubble Space 
     Telescope, not less than $545,000,000 shall be for the James 
     Webb Space Telescope, not less than $90,000,000 shall be for 
     the Global Precipitation Measurement mission, not less than 
     $625,700,000 shall be for the Mars Exploration Program, and 
     not less than $71,600,000 shall be for the Space 
     Interferometry Mission, to remain available until September 
     30, 2009.


                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; not to exceed 
     $14,000 for official reception and representation expenses; 
     and purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $700,000,000 to remain 
     available until September 30, 2009.


                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance;

[[Page 20617]]

     construction of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and restoration, and 
     acquisition or condemnation of real property, as authorized 
     by law; environmental compliance and restoration; space 
     flight, spacecraft control, and communications activities; 
     program management, personnel and related costs, including 
     uniforms or allowances therefor, as authorized by sections 
     5901 and 5902 of title 5, United States Code; travel 
     expenses; purchase and hire of passenger motor vehicles; not 
     to exceed $14,000 for official reception and representation 
     expenses; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $3,923,800,000, to remain available until September 30, 2009: 
     Provided, That none of the funds under this heading shall be 
     used for any research, development, or demonstration 
     activities related exclusively to the human exploration of 
     Mars.


                               education

       For necessary expenses, not otherwise provided for, in 
     carrying out aerospace and aeronautical education, including 
     personnel and related costs, uniforms or allowances therefor, 
     as authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; not to exceed $4,000 for official reception 
     and representation expenses; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $220,300,000 to remain available until September 
     30, 2009.

  Mr. LAMPSON. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Texas is recognized for 5 minutes.
  Mr. LAMPSON. Mr. Chairman, I want ask Chairman Mollohan to enter into 
a colloquy with me for just a minute.
  I want to thank the chairman for his efforts on behalf of NASA. As 
the chairman knows, the Johnson Space Center is the crown jewel of our 
Nation's space program and resides in my congressional district. The 
hard work of many bright minds down there has yielded tremendous 
accomplishments and results over the years.
  Of course, it's important to be fiscally responsible. I am glad that 
the chairman knows it's just as important to continue funding our 
Nation's top science projects, including NASA.
  Mr. MOLLOHAN. I thank the gentleman from Texas for his tireless 
efforts on behalf of NASA. He has been working, I know, diligently in 
that vineyard all year long. I know, personally, because he has been 
contacting me and the committee in order to advance the best interests 
of NASA, to personally facilitate important meetings between the NASA 
Administrator, and I know the chairman of our full committee Mr. Obey, 
and several of our colleagues throughout the year.
  These meetings and my talks with the gentleman from Texas have made 
it clear how important NASA funding is to the gentleman, significantly 
contributing to NASA's ability to meet all of its mission commitments.
  The gentleman is to be commended for his commitment and his hard work 
on behalf of NASA and on behalf of NASA's employees. I will continue to 
work on the House floor and in conference to maintain funding levels as 
reported out of the subcommittee.
  I sincerely appreciate the gentleman's interest and hard work.
  Mr. LAMPSON. Well, I appreciate the chairman's kind words on our 
combined efforts. I am thankful for his hard work and attention to this 
important matter.
  NASA is doing so many important things right now, including our work 
on the international space station, continued shuttle flights, and our 
transition to the next-generation crew exploration vehicle, advanced 
scientific experiments and many other projects, both large and small, 
that we can't afford to fall behind on these projects, and the various 
programs, program transitions that NASA is trying to make.
  I will continue to work with you and all of our colleagues on the 
Appropriations Committee to help maintain these funding levels as well.
  Mr. MOLLOHAN. As the gentleman knows, our bill funds NASA in excess 
of the President's request. We intend to work very hard between now and 
conference and through the signing ceremony to ensure that funding is 
maintained. The gentleman is a champion for NASA here in the House. I 
know he is working hard for that part of NASA that's back in his 
district, and we look forward to his support as we move forward.
  Mr. LAMPSON. Thank you for entering into the colloquy. I look forward 
to working with you.


        Amendment Offered by Ms. Eddie Bernice Johnson of Texas

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I offer an 
amendment.
  The Clerk read as follows:

  Amendment offered by Ms. Eddie Bernice Johnson of Texas:
       Page 59, line 21, insert ``, of which not less the 
     $70,700,000 shall be for the Minority University Research and 
     Education Programs,'' after the dollar amount.

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise in support 
of my amendment to the Commerce, Justice, Science and Related Agencies 
appropriations bill for fiscal year 2008.
  My amendment is focused on the education activities at NASA, the 
National Aeronautics and Space Administration. Specifically, the 
amendment designates $70.7 million of NASA's $220.3 million for 
education appropriations for the minority workforce preparation.
  This program has been in action before. It was a good program, but 
because of the cuts that NASA did suffer, it was defunded actually, as 
they rearranged the funding. I thank the committee for the increase 
that they did make and commend their recognition of the importance of 
education funding for NASA.
  All of us know that this is the focus of education, now, trying to 
make sure we have workforce available so that we can maintain the 
competitive edge.
  NASA had proposed to spend about $40 million, or 27 percent, of its 
education budget on minority university research and education 
programs, commonly called the Hispanic-Serving Institutions, as well as 
the Historically Black Institutions.
  So the program includes Partnership Awards for Integration of 
Research, the Space Science Collaboration, the Math Science Teacher and 
Curriculum Enhancement Program, the Undergraduate Scholars program, 
Network Resource and Training Sites, Model Institutes for Excellence 
and the Earth Science Collaborations program.
  I think that since only 2 percent of our Nation's engineers are 
African American and Hispanic, we really do need to encourage them to 
be in this part of the workforce. It's critically important to support 
these Federal programs.
  I urge adoption, although I would like to have a colloquy with the 
chairman.
  Mr. MOLLOHAN. I thank the gentlelady. I think this amendment is one 
more expression of a number one concern about the attention that 
education is getting in our various science accounts. We have attempted 
very diligently, pointedly, to address that by increasing funding in 
education accounts across the bill. This account, the NASA account, 
first of all, we broke it out as a separate account and then increased 
it by $66.6 million for a total of $220 million.
  The fact that the gentlelady is reaching out to NASA, NASA should be 
listening. Universities, education, K-12, they want NASA. They realize 
how important, and the gentlelady realizes how important, NASA is to 
inspiring youth and also getting resources on programs and funding 
them. That's the gentlelady's purpose behind this.
  I hope that the gentlelady will allow us to work with her to achieve 
her purposes as this bill moves forward within the funding allocations 
that we have received. I want her to know that I have heard her 
interest, and we intend to be responsive to her as we move forward. I 
commend her for her leadership in this area.
  We will be as responsive as possible, and I appreciate the 
opportunity to do so.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I ask unanimous 
consent to withdraw this amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.

[[Page 20618]]

  The Clerk read as follows:


                     cross-agency support programs

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics and exploration 
     research and development activities, including research, 
     development, operations, support, and services; maintenance; 
     construction of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and restoration, and 
     acquisition or condemnation of real property, as authorized 
     by law; environmental compliance and restoration; space 
     flight, spacecraft control, and communications activities; 
     program management; personnel and related costs, including 
     uniforms or allowances therefor, as authorized by sections 
     5901 and 5902 of title 5, United States Code; travel 
     expenses; purchase and hire of passenger motor vehicles; not 
     to exceed $10,000 for official reception and representation 
     expenses; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $356,000,000, to remain available until September 30, 2009.

  Ms. SUTTON. Mr. Chairman, I move to strike the last word. I would 
like to enter into a colloquy with the chairman.
  The CHAIRMAN. The gentlewoman from Ohio is recognized for 5 minutes.
  Ms. SUTTON. I really appreciate having this opportunity to talk with 
you, and I commend your work on putting this very strong legislation 
together that includes important increases for science and technology 
programs, as well as law enforcement, among many other things.
  But I want to discuss with you just for a moment my concerns for 
funding and oversight in this bill for the United States Trade 
Representative. Now, many of my colleagues have been pretty vocal, 
since the beginning of this Congress, in expressing our concerns with 
our current trade policy and its harmful effects on our families and 
communities. A large part of this is what I see as a lack of 
responsibility by the USTR in promoting exports to other nations and 
protecting American workers and businesses against unfair trade 
practices against other nations.
  I was going to offer a number of amendments here today dealing with 
increasing USTR funding, specifically for oversight and enforcement of 
our trade laws, but I appreciate the increase in funding in the bill 
for the ITC, but I believe so much more needs to be done. Instead of 
fixing the many problems we have with our current policies, whether 
it's our current record trade deficit or the loss of millions of 
manufacturing jobs, the USTR has, instead, focused efforts on enacting 
more flawed trade agreements.
  It seems as if, instead of working to make our trade agreements 
better, the administration and the USTR have focused on joining with 
private interests and using USTR funding to lobby Congress. I believe 
we must rein this in, what I see as an improper and excessive lobbying 
by USTR of Congress.
  While I was hoping to offer an amendment on that here today as well, 
I hope that this Congress will take a closer look at their activities 
in the future. I strongly believe that we have a responsibility to 
stand up and tell the USTR that they must start working for American 
businesses and workers, rather than continue current policies that cost 
jobs here at home and have decimated our manufacturing base.
  While I would have hoped that we could have done more on this bill to 
move USTR in that direction to be more responsive to the responsibility 
to the American people and to the workers in my district, rather than 
foreign governments and large corporations, I am happy to be here and 
am supportive of the bill.
  I appreciate the opportunity to share this with you and look forward 
to working with you in the future.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I want to commend the gentlelady for 
bringing this issue to our attention. I want her to know that the House 
knows she knows something about basic industry in America. She knows 
something about the challenges of transitioning economies, and she 
knows something about the importance of USTR trying to protect the very 
best interests of American citizens and American workers working in all 
sectors of the economy. From my perspective, I am particularly 
concerned about those workers in basic industry, in extraction-related 
industries in America.
  A lot of us have concerns about the USTR and the Trade 
Representative's actual commitment to representing the very best 
interests of those sectors of our economy. As we transition into an 
increasingly international economic community, we have to be cognizant 
of the impacts of a trade policy that is precipitous to the point of 
creating real chaos and tremendous hardship, particularly in those 
sectors of the economy that I represent and that I know the gentlelady 
is particularly sensitive to.
  So we need to provide oversight of the USTR as we encourage them to 
enforce our trade laws and to be aggressive advocates, advocates for 
our best interests as they approach our trading partners and trade 
negotiations. They should be looking at issues to balance and level the 
playing field, such as insisting that trade agreements include 
environmental laws that we have correctly imposed upon our industry and 
our manufacturing processes.
  Incorporating those regulations into the manufacturing process is 
expensive. Our competitors around the world, many of them, particularly 
in the developing countries, don't have those costs. Where we have 
incorporated health and safety regulations in the workplace, 
statutorily imposed, that has cost money.
  The USTR needs to be sensitive to that. The administration needs to 
be sensitive to that. It needs to incorporate those kinds of public 
interest concerns as they negotiate trade agreements.
  Why? Why? Because we have done it, and we are their competitors. We 
are a country with a higher standard of living, and if we can't level 
the playing field with regard to regulatory activity, then we will 
never be able to begin to be competitive with our competitors from 
developing nations.
  Let me again compliment the gentlelady for being focused on this very 
early in her career, being a champion for the working people, and for 
the best interests of our trade policy generally in all sectors of the 
economy, and for bringing this to our attention in this bill.
  I can assure her that we will be sensitive in large part because of 
the concerns that she expresses here today. Thank you very much, Ms. 
Sutton, for bringing that to our attention.
  Mr. Chairman, I yield back the balance of my time.

                              {time}  1930

  Mr. LAMPSON. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Texas is recognized for 5 minutes.
  Mr. LAMPSON. Mr. Chairman, a few hundred miles above us the 
astronauts of Expedition 15 work around the clock on board the 
international space station. Their efforts have just been boosted by 
delivery of a huge new power element from the space shuttle Atlantis 
crew. The Atlantis astronauts, working with station crew mates, brought 
the orbiting base ever closer to completion and a whole new era of 
living and working in space.
  The international space station is a remarkable achievement of global 
cooperation now entering its most critical period. Over the next 3 
years, more than a dozen flights of the space shuttles Atlantis, 
Discovery, and Endeavor will complete assembly that began in 1998. The 
completed station will be home to a crew of six astronauts and 
generation-spanning research that will reach into the lives of every 
American family. Yes, completion and operation of the international 
space station is that important to America's future.
  I am fortunate to represent one of the most enduring and important 
NASA facilities, the Johnson Space Center in Houston, and have had the 
honor over my five terms in Congress to work with dedicated and amazing 
people at the Johnson Space Center.

[[Page 20619]]

Their passion and commitment to space exploration led me to introduce 
the Space Exploration Act of 2002. I introduced the Space Exploration 
Act as a challenge to this country and the leaders in Congress and the 
White House to offer a vision and concrete goals for the human space 
flight program after the international space station. Many here on this 
floor joined me in that call to action, to invest in a space 
exploration vital for the future of this country.
  In 2004, President Bush announced a similar plan, the Vision for 
Space Exploration. The President's vision outlined a sustained and 
affordable human and robotic program to explore the solar system and 
beyond. I fully supported the President in pushing for an expanded 
mission for NASA. But in the years that have followed, this Nation has 
seen rhetoric not supported by action. The administration's vision for 
space and subsequent authorized funding limits have consistently been 
ignored, and the President's yearly budget does not fund a robust 
vision for NASA's future. As a result, we now see a widening gap in the 
period of time between the retirement of the space shuttle in 2010 and 
the next generation Crew Exploration Vehicle and Crew Launch Vehicle.
  This gap will impede access to the station for our astronauts in the 
years immediately following the shuttle's retirement. During that 
period, before the new Orion and Ares space vehicles are operational, 
NASA and America will be totally reliant upon Russia for access to the 
space station by our astronauts and to carry cargo into space. We will 
be forced to spend more money than could ever be spent to accelerate 
arrival of our new space vehicles. This year alone, the administration 
worsened that gap by making its budget request some $1.4 billion below 
the congressionally authorized level.
  Adding to the strain, millions of dollars have been shifted from the 
station and shuttle accounts to pay for repairs made necessary by 
Hurricanes Katrina and Rita which damaged NASA facilities in New 
Orleans, the Mississippi gulf coast, and Florida.
  NASA now faces the stark reality that the timeline for next-
generation human space exploration is becoming increasingly hard to 
meet. We as a Congress must do more to ensure viability of NASA space 
exploration programs. And I stand here not to criticize the past 
efforts of the President or previous Congresses, but to call on leaders 
of both parties to help us meet and even exceed the funding levels 
required to continue all the important projects in NASA's orbit. As 
this bill goes to conference, I believe we can find additional 
resources for NASA to reduce the widening gap between the shuttle and 
the Orion and Ares programs.
  Mr. Chairman, now is not the time to trim our sails into space. I 
join with the heroes of the space program, past and present, our 
Nation's industry leaders, and other forward-looking supporters to urge 
our colleagues to fund NASA fully into the coming years at the amount 
authorized by Congress. In today's global competition, there is no 
substitute for keeping America first in outer space.
  I yield back the balance of my time.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support, and services; maintenance; construction 
     of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and restoration, and 
     acquisition or condemnation of real property, as authorized 
     by law; environmental compliance and restoration; space 
     flight, spacecraft control, and communications activities 
     including operations, production, and services; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; not to exceed 
     $14,000 for official reception and representation expenses; 
     and purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $6,691,700,000 to remain 
     available until September 30, 2009.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $34,600,000, to remain available until September 30, 2009.


                   Amendment Offered by Mrs. Biggert

  Mrs. BIGGERT. Mr. Chairman, I have an amendment at the desk.
  The CHAIRMAN. This amendment appropriately comes toward the end of 
the bill, and we have not read to that section yet.
  Mrs. BIGGERT. I understood that. I am going to withdraw the amendment 
and ask unanimous consent to present it at this time.
  The CHAIRMAN. Without objection, the Clerk will report the amendment.
  There was no objection.
  The Clerk read as follows:

       Amendment offered by Mrs. Biggert:
        At the end of the bill (before the short title), insert 
     the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. (a) Of the amounts made available for ``STATE AND 
     LOCAL LAW ENFORCEMENT ASSISTANCE'' for the Edward Byrne 
     Memorial Justice Assistance Grant program, $15,000,000 shall 
     be available for the Internet Crimes Against Children Task 
     Force program, as authorized by title IV of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5771 et seq.).
       (b) Of the amounts made available for ``JUSTICE 
     ASSISTANCE'', $15,000,000 shall be available for the Internet 
     Crimes Against Children Task Force program, as authorized by 
     title IV of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5771 et seq.).

  Mrs. BIGGERT (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Illinois?
  There was no objection.
  Mr. MOLLOHAN. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from West Virginia reserves a point of 
order.
  Mrs. BIGGERT. I thank Chairman Mollohan for all of his work on this 
bill, and I appreciate your commitment to all the missing children's 
programs. It is very important. And I know that you are equally 
disturbed by the prevalence of Internet crimes against our children. 
And the numbers certainly don't lie.
  According to the National Center for Missing and Exploited Children's 
CyberTip Line, the number of reports relating to the online enticement 
of children for sexual acts increased by 139 percent between 2005 and 
2006. Over the same period, there was a 194 percent increase in the 
number of reports related to unsolicited obscene material sent to a 
child on the Internet.
  Certainly more can and must be done. And this problem is not 
regional; it is not isolated to big cities or rural communities. This 
is a real national problem that will not go away unless we can expand 
our capabilities of our law enforcement, which is exactly what my 
amendment will do by increasing the funding for the Internet Crime 
Against Children Task Force.
  The Internet Crime Against Children Task Force, or ICAC, plays a very 
critical role in protecting our children on the Internet. The ICAC Task 
Force's mission is clear: to help State and local government 
enforcement agencies develop an effective response to cyber-enticement 
and child pornography cases. This help involves forensic and 
investigative support training and technical assistance, victims 
services, and community education.
  The amendment would carve out $15 million out of the Justice 
Assistance account's Missing Children Program for the Internet Crime 
Against Children Task Force. It would also carve out $15 million out of 
the Edward Byrne Memorial Justice Assistance Grant program for the ICAC 
Task Force. Both accounts were used in fiscal year 2007 to fund the 
Internet Crime Against Children Task Force at $26 million.
  And I certainly understand the problems that having to do with this 
amendment, so I am certainly willing to withdraw my amendment if the 
chairman and ranking member are willing to work toward an increase in 
funding for the Internet Crime Against Children Task Force in 
conference.

[[Page 20620]]

  I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. I appreciate the gentlelady yielding.
  The gentlelady is really at the forefront of this issue. She is co-
chair of the 131 Member strong Congressional Missing and Exploited 
Children Caucus. She is to be commended for that. She has worked with 
me, she has worked with Mr. Frelinghuysen, she has worked with the 
committee. To some extent she can declare success because she is 
tenacious in getting additional funding for Missing Children's 
programs. She has been successful in increasing funding 100 percent, 
you could argue, since the President asked for no funding here.
  But we would like to point out that in response to her and the 
caucus's expressions of concern to the committee, we have funded the 
Missing Children's program account to the tune of $61.4 million, which 
is $14 million above the 2007 enacted funding level. That is in large 
part because of her efforts, and we do appreciate it. She should 
declare success, and she should be proud of that. She is, as I say, 
tenacious. And speaking for myself, and Mr. Frelinghuysen who I know 
shares this interest, we look forward to working with her as we move 
forward. She is representing this caucus here today, and we look 
forward to trying to even increase this amount of money as we go to 
conference.
  I want to thank her for her efforts and for helping the committee as 
we have marked up our bill and funded this account.
  Mrs. BIGGERT. Reclaiming my time, I would thank the gentleman for his 
kind words. And I bring this up to just enforce the importance of 
missing children, the caucus and the task force, tonight, because every 
problem is increasing so much, as I said earlier. The problems that we 
used to have, we are seeing many more problems with the use of the 
Internet, with just what is happening to children in this day and age. 
And the more that we can do to prevent online enticement, to prevent 
children being sexually assaulted, all of the tragedies that are 
happening right now. So I appreciate that.
  Mr. MOLLOHAN. The gentlelady makes her point. And out of the Office 
of Justice programs, we funded the Missing Children account higher than 
any other programs. So she can take credit for a great success, and we 
appreciate her help.
  Mrs. BIGGERT. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.

                              {time}  1945

  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                       Administrative Provisions

                     (including transfer of funds)

       Notwithstanding the limitation on the duration of 
     availability of funds appropriated for ``Science'', 
     ``Aeronautics'', ``Exploration'', ``Cross-Agency Support 
     Programs'', or ``Space Operations'' under this title, when 
     any activity has been initiated by the incurrence of 
     obligations for construction of facilities or environmental 
     compliance and restoration activities as authorized by law, 
     such amount available for such activity shall remain 
     available until expended. This provision does not apply to 
     the amounts appropriated for institutional minor 
     revitalization and minor construction of facilities, and 
     institutional facility planning and design.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn. Funding shall not 
     be made available for Centennial Challenges unless 
     authorized.
       Funding made available under the headings ``Science'', 
     ``Aeronautics'', ``Exploration'', ``Education'', ``Cross-
     Agency Support Programs'', and ``Space Operations'' for the 
     National Aeronautics and Space Administration shall be 
     governed by the terms and conditions specified in the report 
     accompanying this Act.
       The unexpired balances of prior appropriations to the 
     National Aeronautics and Space Administration for activities 
     for which funds are provided under this Act may be 
     transferred to the new accounts established for the 
     appropriation that provides such activity under this Act. 
     Balances so transferred may be merged with funds in the newly 
     established accounts and thereafter may be accounted for as 
     one fund under the same terms and conditions.
       Not to exceed five percent of any appropriation made 
     available for the current fiscal year for the National 
     Aeronautics and Space Administration in this Act may be 
     transferred between such appropriations, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than ten percent by any such 
     transfers. Any transfer pursuant to this provision shall be 
     treated as a reprogramming of funds under section 505 of this 
     Act and shall not be available for obligation except in 
     compliance with the procedures set forth in that section.
       Notwithstanding any other provision of law, no funds shall 
     be used to implement any Reduction in Force or other 
     involuntary separations (except for cause) by the National 
     Aeronautics and Space Administration prior to September 30, 
     2008.
       The Administrator of the National Aeronautics and Space 
     Administration shall prepare a strategy for minimizing job 
     losses when the National Aeronautics and Space Administration 
     transitions from the Space Shuttle to a successor human-rated 
     space transport vehicle. This strategy shall include: (1) 
     specific initiatives that the National Aeronautics and Space 
     Administration has undertaken, or plans to undertake, to 
     maximize the utilization of existing civil service and 
     contractor workforces at each of the affected Centers; (2) 
     efforts to equitably distribute tasks and workload between 
     the Centers to mitigate the brunt of job losses being borne 
     by only certain Centers; (3) new workload, tasks, 
     initiatives, and missions being secured for the affected 
     Centers; and (4) overall projections of future civil service 
     and contractor workforce levels at the affected Centers. The 
     Administrator shall transmit this strategy to Congress not 
     later than 90 days after the date of enactment of this Act. 
     The Administrator shall update and transmit to Congress this 
     strategy not less than every six months thereafter until the 
     successor human-rated space transport vehicle is fully 
     operational.

                      National Science Foundation


                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950 (42 U.S.C. 1861-1875), and Public Law 
     86-209, relating to the National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $5,139,690,000, to remain available until 
     September 30, 2009, of which not to exceed $510,000,000 shall 
     remain available until expended for polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program: Provided, That receipts for scientific support 
     services and materials furnished by the National Research 
     Centers and other National Science Foundation supported 
     research facilities may be credited to this appropriation.


          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861-
     1875), including authorized travel, $244,740,000, to remain 
     available until expended.


                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950 (42 U.S.C. 1861-1875), including services as authorized 
     by 5 U.S.C. 3109, authorized travel, and rental of conference 
     rooms in the District of Columbia, $822,600,000, to remain 
     available until September 30, 2009.


                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950 (42 
     U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire 
     of passenger motor vehicles; not to exceed $9,000 for 
     official reception and representation expenses; uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     rental of conference rooms in the District of Columbia; and 
     reimbursement of the General Services Administration for 
     security guard services; $285,590,000: Provided, That 
     contracts may be entered into under this heading in fiscal 
     year 2008 for maintenance and operation of facilities, and 
     for other services, to be provided during the next fiscal 
     year.


                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950 (42 
     U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880-1881), 
     $4,030,000, to remain available until September 30, 2009: 
     Provided, That not more than $9,000 shall be available for 
     official reception and representation expenses.

[[Page 20621]]




                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, 
     $12,350,000, to remain available until September 30, 2009.

                       TITLE IV--RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $9,000,000: 
     Provided, That none of the funds appropriated in this 
     paragraph shall be used to employ in excess of four full-time 
     individuals under Schedule C of the Excepted Service 
     exclusive of one special assistant for each Commissioner: 
     Provided further, That none of the funds appropriated in this 
     paragraph shall be used to reimburse Commissioners for more 
     than 75 billable days, with the exception of the chairperson, 
     who is permitted 125 billable days.

                Equal Employment Opportunity Commission


                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, and the Civil Rights Act of 1991, including 
     services as authorized by 5 U.S.C. 3109; hire of passenger 
     motor vehicles as authorized by 31 U.S.C. 1343(b); 
     nonmonetary awards to private citizens; and not to exceed 
     $28,000,000 for payments to State and local enforcement 
     agencies for authorized services to the Commission, 
     $332,748,000: Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from available funds: Provided 
     further, That no funds made available under this heading may 
     be used to outsource operations of the National Contact 
     Center.

                     International Trade Commission


                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $68,400,000, to remain available until expended.

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $377,000,000, of which $355,134,000 is for basic field 
     programs and required independent audits; $3,041,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $13,825,000 is for management and administration; 
     $4,000,000 is for client self-help and information 
     technology; and $1,000,000 is for loan repayment assistance.


          Administrative Provision--Legal Services Corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501 through 506 of Public Law 105-
     119, and all funds appropriated in this Act to the Legal 
     Services Corporation shall be subject to the same terms and 
     conditions set forth in such sections, except that all 
     references in sections 502 and 503 to 1997 and 1998 shall be 
     deemed to refer instead to 2007 and 2008, respectively.

                        Marine Mammal Commission


                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, $3,000,000.

           National Veterans Business Development Corporation


                         salaries and expenses

       For necessary expenses of the National Veterans Business 
     Development Corporation established under section 33 of the 
     Small Business Act (15 U.S.C. 657c), $2,500,000, to remain 
     available until expended.

            Office of the United States Trade Representative


                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $48,407,000, of which $1,000,000 
     shall remain available until expended: Provided, That not to 
     exceed $124,000 shall be available for official reception and 
     representation expenses: Provided further, That negotiations 
     of the United States at the World Trade Organization shall be 
     conducted consistent with the trade negotiating objectives of 
     the United States contained in section 2102 of the Bipartisan 
     Trade Promotion Authority Act of 2002 (19 U.S.C. 3802).

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et seq.), $4,640,000: Provided, That 
     not to exceed $2,500 shall be available for official 
     reception and representation expenses.

                      TITLE V--GENERAL PROVISIONS


                     (including transfer of funds)

       Sec. 501. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2008, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees; 
     unless the Committee on Appropriations is notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2008, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or ten percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by ten percent funding for any existing program, 
     project, or activity, or numbers of personnel by ten percent 
     as approved by Congress; or (3) results from any general 
     savings, including savings from a reduction in personnel, 
     which would result in a change in existing programs, 
     activities, or projects as approved by Congress; unless the 
     Committee on Appropriations is notified 15 days in advance of 
     such reprogramming of funds.
       Sec. 506. Hereafter, none of the funds made available in 
     this Act may be used to implement, administer, or enforce any 
     guidelines of the Equal Employment Opportunity Commission 
     covering harassment based on religion, when it is made known 
     to the Federal entity or official to which such funds are 
     made available that such guidelines do not differ in any 
     respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508. The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the Committee on 
     Appropriations a quarterly accounting of the cumulative 
     balances of any unobligated funds that were received by such 
     agency during any previous fiscal year.
       Sec. 509. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 505 of this 
     Act and shall

[[Page 20622]]

     not be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section.
       Sec. 510. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of section 922(t) of title 18, United 
     States Code; and
       (2) any system to implement section 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec.  512. None of the funds made available in this Act may 
     be used to pay the salaries and expenses of personnel of the 
     Department of Justice to obligate more than $625,000,000 
     during fiscal year 2008 from the fund established by section 
     1402 of chapter XIV of title II of Public Law 98-473 (42 
     U.S.C. 10601).


                      Amendment Offered by Mr. Poe

  Mr. POE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Poe:
       Page 75, line 24, strike ``$625,000,000'' and insert 
     ``$635,000,000''.
       Page 76, line 2, insert ``, and the amount otherwise 
     provided under this Act for Department of Commerce, 
     Departmental Management, Salaries and Expenses is reduced by 
     $10,000,000'' after ``(42 U.S.C. 10601)''.

  Mr. POE. Mr. Chairman, I want to talk briefly on the Poe-Costa-Moore 
amendment. As stated in the amendment, this is a bipartisan amendment. 
And I want to thank the gentleman from California and the gentleman 
from Kansas for their support for crime victims under this amendment 
and the VOCA fund.
  The VOCA fund was established under the Reagan administration. It's a 
novel concept where criminals who are convicted of crime pay fees into 
a fund that goes to victims of crime. It's kind of like criminals pay 
the rent on the courthouse, as they should. And so this fund has been 
established to supply victims and victims services throughout the 
country necessary funds for those victims and those projects.
  At this present time, the fund is up to $1.3 billion. But this year 
the fund is capped at $625 million for victims services and victims 
throughout the United States.
  This amendment is asking that 10 million more dollars be applied to 
this fund because of two reasons: Unfortunately, there are more crime 
victims in the United States than there ever have been. And also, by 
necessity, there are more programs that are victims services than ever 
have been in the United States.
  Over 4,400 different programs and agencies receive funding under the 
VOCA fund. Over 3 million victims receive funds from this fund every 
year. And this covers the gamut, from sexual assault victims to child 
victims, to robbery victims and victims and families of homicide.
  These funds are needed for these families. But they're also needed 
for domestic violence shelters. They're needed for child assessment 
centers. Those are centers throughout the United States that take 
sexually exploited children and help them through the process; not only 
the medical process, not only the psychological process, but the 
criminal justice system as well.
  There are 26 organizations that support an additional $10 million for 
this crime victims fund, because it is necessary to help victims 
throughout the United States. So under this amendment, we're asking for 
10 million additional dollars taken from human resources that would be 
applied to crime victims organizations throughout the United States and 
money for crime victims. This money, as I stated, is necessary. 
Unfortunately, it is necessary to help victims.
  As chairman of the Crime Victims Caucus, and my cochair Mr. Costa, 
and other Members like Mr. Moore from Kansas, we all support this 
additional funding for crime victims. Take it and place it where it is 
necessary.
  It is a novel concept to allow people who violate the law to 
contribute to a constant fund, and we want that to continue, but this 
year there needs to be 10 million additional dollars contributed to 
that fund so that numerous organizations that provide specifically 
victims services that funding has been cut in the past will be allowed 
to continue those victims services in the United States.

    List of Organizations Who Support the Poe-Costa-Moore Amendment

       American Probation and Parole Association; American Society 
     of Victimology; Break the Cycle; Jewish Women International; 
     Justice Solutions; Legal Momentum; Mothers Against Drunk 
     Driving; National Alliance to End Sexual Violence; National 
     Association of Crime Victim Compensation Boards; National 
     Association of VOCA Assistance Administrators; National 
     Center for Victims of Crime; National Children's Alliance; 
     and National Coalition Against Domestic Violence.
       National Congress of American Indians; National Criminal 
     Justice Association; National Grange; National Judicial 
     College; National Network to End Domestic Violence; National 
     Organization for Victim Assistance; National Organization of 
     Parents of Murdered Children, Inc.; Pennsylvania Coalition 
     Against Rape; Rape Abuse & Incest National Network; Sacred 
     Circle, National Resource Center to End Violence Against 
     Native Women; Security On Campus, Inc.; Stop Family Violence; 
     and YWCA USA.

  Mr. Chairman, I yield back.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, I oppose the amendment, again, not 
because of the intended purpose of the gentleman trying to do good here 
and getting additional resources into the crime victims fund. That's 
worthy.
  It's being authorized at $625 million, this amendment would raise it 
to $635 million. And you might ask, if there are additional resources, 
why don't we disperse all of them?
  Well, that's because that fund has to be managed to ensure that 
there's a source of funds that will remain available for the program 
despite the inconsistent levels of the criminal fees that are deposited 
there annually. So part of that is trying to manage the account to 
assure stability year in and year out so that funds will be available 
for victims to be paid out according to the authority.
  I would like to point out that the gentleman's offset draws from an 
account that has been drawn from in the past, and it is the offset is 
in Commerce. We started out at $58.6 million at the beginning of the 
day. We've had a $25 million cut, a $10 million cut. This cut would 
take us down to $23 million, if my math is right. But if my math is not 
precisely right, my point should be taken that we've gone from $58.6 
million down to approximately $23 million in this S&E account. That's a 
60 percent reduction. There is going to be nobody left to administer 
these programs. And that's why we have to think very carefully.
  And actually, folks coming here and offering amendments go through 
the same difficult exercise that the subcommittee and the full 
committee have gone through. How do you apportion funds when I would 
argue, the allocation is not adequate to fund all the worthy projects 
and to fund all of the people who need to administer the worthy 
projects in this bill?
  A 60 percent cut the gentleman's amendment would effect in this S&E 
account, it simply cannot stand. So for that reason, I must oppose the 
gentleman's amendment.
  Ms. WOOLSEY. Mr. Chairman, I rise in support of this amendment 
because I believe we should respect state authority in regards to 
medical marijuana.
  Like my constituents, I believe that doctors should be permitted to 
prescribe marijuana for patients suffering from cancer, AIDS, glaucoma, 
spastic disorders, and other devastating diseases.
  The people that I represent from Marin and Sonoma counties have made 
it clear that they want doctors to be permitted to prescribe marijuana 
for their patients suffering from debilitating diseases, and I believe 
that the Federal Government must not stand in the way.

[[Page 20623]]

  I support this amendment because it would stop the Justice Department 
from punishing those who are abiding by their state's law. Please join 
me in supporting this important amendment so that those who suffer from 
debilitating diseases can continue to get relief without the fear of 
federal interference.
  The Federal Government should get its priorities straight--and stop 
going after fully licensed physicians and their patients instead of the 
real criminals.
  Mr. COSTA. Mr. Chairman, I rise in strong support of the Poe-Costa-
Moore amendment to the CJS Appropriations Act. The Victims of Crime Act 
(VOCA) Fund was created by Congress in 1984 to provide Federal support 
to Federal, State, tribal and local programs that assist victims of 
crime. And this fund is derived entirely from fines and penalties paid 
by offenders at the Federal level, not taxpayer revenues.
  VOCA funds several important national programs, such as the 
Children's Justice Act, Victim Notification System, and the U.S. 
Attorney's office. It also funds Victim Compensation Grants that 
provide funds to states to reimburse victims for out-of-pocket 
expenses, primarily medical costs and lost wages. Finally, Victim 
Assistance Grants to states are also funded through VOCA. These grants 
go to States which support direct victim assistance services. It is 
estimated that 4,400 agencies depend on continued VOCA Victim 
Assistance Grant funding to serve 3.8 million victims a year.
  Congress began setting a cap in the appropriations process on the 
amount dispersed to States annually from the Fund in order to ensure 
stable funding for victim service providers in the field. Both the 
House and the Senate CJS subcommittees have included a $625 million cap 
for FY 2008. This would be the fifth year in a row without an increase 
in the total VOCA cap.
  Due to increasing claims, VOCA Compensation Grants rose $22.3 million 
in FY07 and are expected to rise by at least $5.6 million in FY08. The 
Poe-Costa Amendment will increase the VOCA cap by $10 million in FY 
2008 to help prevent cuts to VOCA Victim Assistance Grants.
  Crime victims are our sons and daughters, sisters and brothers, 
parents and neighbors who are struggling to survive in the aftermath of 
crime. They deserve services, and our support to help them cope. I urge 
all of my colleagues to support this important amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Poe).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. POE. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Texas will be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 513. None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515. Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 518. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 519. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 520. Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to section 38(b)(1) of the Arms Control 
     Export Act (22 U.S.C. 2778(b)(1)(B)) and qualified pursuant 
     to 27 C.F.R. 478.112 or 478.113, for a permit to import 
     United States origin ``curios or relics'' firearms, parts, or 
     ammunition.
       Sec. 521. None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 522. Section 313(a) of the National Aeronautics and 
     Space Act of 1958 (42 U.S.C. 2459f(a)) is amended by striking 
     paragraph (2) and redesignating paragraph (3) as paragraph 
     (2).
       Sec. 523. None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; and the laws amended by 
     these Acts.
       Sec. 524. None of the funds made available by this Act may 
     be used to implement the revision to Office of Management and 
     Budget Circular A-76 made on May 29, 2003.

[[Page 20624]]

       Sec. 525. Section 101(k) of the Emergency Steel Loan 
     Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by 
     striking ``2007'' and inserting ``2009''.
       Sec. 526. Section 605 of the Harmful Algal Bloom and 
     Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 
     note) is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``$25,500,000 for fiscal year 2008'' and inserting 
     ``$30,000,000 for each of fiscal years 2008 through 2010'';
       (2) in each of paragraphs (1), (2), (3), (4), and (6) by 
     striking ``2008'' and inserting ``2010''; and
       (3) in paragraph (5) by striking ``fiscal year 2008'' and 
     inserting ``each of fiscal years 2008 through 2010''.
       Sec. 527. Effective January 13, 2007, section 303A of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1853a) is amended--
       (1) by striking ``association'' in subsection 
     (c)(4)(A)(iii) and inserting ``association, among willing 
     parties'';
       (2) by striking paragraph (2) of subsection (i);
       (3) by striking ``(1) In general.--'' in subsection (i) and 
     resetting paragraph (1) as a full measure paragraph following 
     ``(i) Transition Rules.--''; and
       (4) by redesignating subparagraphs (A), (B), and (C) of 
     subsection (i)(1) (before its amendment by paragraph (3)) as 
     paragraphs (1), (2), and (3), respectively and resetting them 
     as indented paragraphs 2 ems from the left margin.
       Sec. 528. None of the funds made available in this Act may 
     be used to enter into a contract with an entity that does not 
     participate in 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).


                   Amendment Offered by Mr. Reichert

  Mr. REICHERT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Reichert:
       Page 83, after line 6, insert the following new section:
       Sec. 529. The amounts otherwise provided by this Act are 
     revised by reducing the amount made available for 
     ``Departmental Management--salaries and expenses'', and by 
     increasing the amount made available for ``Office on Violence 
     Against Women--violence against women prevention and 
     prosecution programs'' for the court training and 
     improvements program authorized by section 105 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), by 
     $5,000,000.

                              {time}  2000

  Mr. MOLLOHAN. Mr. Chairman, I reserve a point of order on the 
amendment.
  The CHAIRMAN. The point of order is reserved.
  Mr. REICHERT. Mr. Chairman, as a former sheriff of King County in 
Seattle, Washington, and a member of the Congressional Victims' Rights 
Caucus, I am proud to offer this amendment along with my colleague from 
Connecticut, Congressman Murphy, to provide $5 million to fully fund 
the Court Training and Improvements Program, offset from the Department 
of Commerce departmental management salaries and expenses account.
  The Court Training and Improvements Program enhances our courts' 
ability to keep victims of domestic and sexual abuse safe and to hold 
offenders accountable. It was authorized early last year as a part of 
the Violence Against Women Act but has not yet been funded. Mr. 
Chairman, this program must be funded.
  I spent 33 years of my life working in law enforcement, and during 
that time I walked into many unpredictable domestic violence 
situations. Responding to a domestic violence call is one of the most 
dangerous calls a police officer can go to. Domestic violence cases 
have their own unique challenges, and we in law enforcement have had to 
learn specific strategies for how to deal with those situations. People 
are physically and mentally harmed and homes are torn apart. I have 
seen how domestic and sexual abuse not only affects spouses but the 
children, the families, and the lives of the entire community. Safe 
homes and families are the root of a safe society.
  Statistics show that every year almost 1 million incidents of 
violence occur against current and former spouses, boyfriends, girl 
friends, and each year nearly 10 million children are exposed to 
domestic violence. We need to implement and fund every tool at our 
disposal to combat this terrible problem.
  One of the key ways to reduce the impact of domestic violence is to 
ensure that our justice system has the tools to deal with these cases. 
Too often lives hang in the balance as judges and court personnel make 
decisions without an understanding of the dynamics of abuse and 
violence in relationships. Judges themselves have repeatedly cited a 
need and a desire for specialized knowledge and judicial education 
regarding sex offenders and victims.
  The desperate need for trained judges and court personnel was 
recently brought to light in the tragic case of Yvette Cade. On the 
morning of October 10, 2005, Yvette was doused with gasoline and set on 
fire by her estranged husband while at work here in the suburbs of 
Washington, D.C. At the time of the attack, she had a protection order 
out against him, but a judge had dismissed her protection order 3 weeks 
before, saying she didn't need it. This judge had likened victims of 
domestic violence to buses that come along all the time. Cade's husband 
was recently sent to prison for attempted murder.
  Better-trained judges are essential if we are to keep victims and 
children alive and hold abusers and rapists accountable for their 
behavior. I urge my colleagues to support this amendment to improve our 
courts, protect the victims of domestic violence and sexual abuse, 
prevent future crimes, and ensure that perpetrators are appropriately 
punished.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MURPHY of Connecticut. Mr. Chairman, I move to strike the last 
word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. MURPHY of Connecticut. Mr. Chairman, I rise in support of the 
amendment. First I would like to thank Chairman Mollohan.
  This bill is a vast improvement on previous efforts to fund domestic 
violence efforts. It goes a very long way. And we rise today with my 
colleague Mr. Reichert to simply ask that we fund yet one more 
important program that has been authorized.
  As a child, Mr. Chairman, I remember sitting at home with a baby-
sitter while my mother went off to volunteer in a domestic violence 
shelter, and that memory still stays with me today. Victims of domestic 
violence require and are entitled to special assistance when dealing 
with their trauma. However, judges and court personnel need specialized 
training to deal with these victims in a way that both preserves 
justice and addresses the severe trauma associated with these crimes.
  Some States have already put programs in place to deal with the 
special needs of these domestic violence victims. My home State of 
Connecticut is amongst those that has been pioneering these types of 
programs. In the biggest city in my district, Waterbury, we have a 
program through which law enforcement personnel, prosecutors, family 
services organizations, probation officers, and domestic violence 
advocates all review cases together in an effort to reveal more 
information about the perpetrator to ensure that victims are protected 
from further abuse. What makes the Waterbury operation so outstanding 
is the vertical case management model that should serve as an example 
to the rest of the country, a model that could be funded under the 
proposed appropriation in this amendment.
  Congressman Reichert and I are offering this amendment today so that 
States can have a partner in the Federal Government. Our amendment will 
fund the Court Improvements Program to train judges and court personnel 
to better identify and resolve the complex issues involved in domestic 
violence cases.
  Congress has a responsibility to recognize the unique and horrific 
nature of domestic violence crimes, and we have done that in the 
underlying appropriation bill today with a new investment in domestic 
violence programs. Our amendment today simply seeks to fund yet one 
more innovative program to make sure that courts, prosecutors, domestic 
violence advocates, and the victims themselves all have the resources 
necessary to navigate what can be sometimes a very complex system.

[[Page 20625]]

  I urge adoption.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. Does the gentleman continue to reserve his point of 
order?
  Mr. MOLLOHAN. I withdraw my point of order.
  The CHAIRMAN. The gentleman withdraws his point of order and is 
recognized for 5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment.
  If I might, for the Department of Commerce here, the S&E account is 
now down to $18 million if the last two amendments are adopted and you 
add it to the offsets that were affected by the amendments that have 
already passed. The Department of Commerce S&E account, they are just 
going to have to shut down their office again. I would just encourage 
Members, when they offer these amendments, to get serious about the 
offsets. And, my goodness, I don't know what would have happened to 
President Bush's budget if we had not increased it, because his S&E 
account would have been really decimated in increasing the Violence 
Against Women account. We increased VAWA by $60 million over the 
President's request, $47 million over 2007.
  I understand that our colleagues who are offering these amendments 
are absolutely in the forefront of protecting women. As we oppose these 
amendments, at the same time we embrace your cause and that that is why 
we have worked so hard in effecting these funding increases above the 
President's request. If we had a larger allocation, we would put more 
money on these accounts.
  Having said all that, and because the offset is so draconian to the 
Department of Commerce, I will continue to oppose amendments with these 
negative offsets. If we aren't able to restore the salaries and 
administrative accounts to the extent these amendments are successful, 
the Department of Commerce would have to shut down. That is how, as I 
have used the word before, cavalier we are being about these offsets.
  Mr. Chairman, while I certainly support the cause and the purposes of 
the programs these amendments are increasing funding for, I have to 
oppose them because of the offsets and because we don't have enough 
resources to go around, a point which is demonstrated by the offsets 
that these amendments are having to resort to.
  I oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington (Mr. Reichert).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. REICHERT. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Washington will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                         TITLE VI--RESCISSIONS

                         DEPARTMENT OF COMMERCE


                              (rescission)

       Of the unobligated balances available to the Department of 
     Commerce from prior year appropriations, $41,848,000 are 
     rescinded: Provided, That within 30 days after the date of 
     the enactment of this section the Secretary of Commerce shall 
     submit to the Committee on Appropriations of the House of 
     Representatives a report specifying the amount of each 
     rescission made pursuant to this section.

                         DEPARTMENT OF JUSTICE


                              (rescission)

       Of the unobligated balances available to the Department of 
     Justice from prior year appropriations, $86,000,000 are 
     rescinded: Provided, That within 30 days after the date of 
     the enactment of this section the Attorney General shall 
     submit to the Committee on Appropriations of the House of 
     Representatives and the Senate a report specifying the amount 
     of each rescission made pursuant to this section.

                         General Administration


                          working capital fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $41,000,000 are rescinded.


                           detention trustee

                              (rescission)

       Of the unobligated balances available from prior year 
     appropriations under this heading, $135,000,000 are 
     rescinded.

                            Legal Activities


                         assets forfeiture fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $240,000,000 are rescinded.

                       Office of Justice Programs


                              (rescission)

       Of the unobligated recoveries from prior year 
     appropriations available under this heading, $87,500,000 are 
     rescinded.


                  community oriented policing services

                             (rescissions)

       Of the unobligated recoveries from prior year 
     appropriations available under this heading for purposes 
     other than program management and administration, $87,500,000 
     are rescinded.
       Of the unobligated funds previously appropriated from the 
     Violent Crime Reduction Trust Fund under this heading, 
     $10,278,000 are rescinded.

             National Aeronautics and Space Administration


                              (rescission)

       Of the unobligated balances available to the National 
     Aeronautics and Space Administration from prior year 
     appropriations, $69,832,000 are rescinded: Provided, That 
     within 30 days after the date of the enactment of this 
     section the Administrator shall submit to the Committees on 
     Appropriations of the House of Representatives a report 
     specifying the amount of each rescission made pursuant to 
     this section.

                      National Science Foundation


                              (rescission)

       Of the unobligated balances available to the National 
     Science Foundation from prior year appropriations, 
     $24,000,000 are rescinded: Provided, That within 30 days 
     after the date of the enactment of this section the Director 
     shall submit to the Committee on Appropriations of the House 
     of Representatives a report specifying the amount of each 
     rescission made pursuant to this section.


                    Amendment Offered by Mr. Lampson

  Mr. LAMPSON. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Lampson:
       Page 85, after line 24, insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act may 
     be used for business-class or first-class airline travel by 
     employees of the Department of Commerce in contravention of 
     sections 301-10.122 through 301.10-124 of title 41, Code of 
     Federal Regulations.

  Mr. LAMPSON. Mr. Chairman, as we consider today's appropriations 
bill, we are all mindful of how harmful wasteful government spending is 
to hardworking American families. In fact, just this morning I was 
joined by the majority leader and some of my Blue Dog Coalition 
colleagues to highlight many of the smart, fiscally responsible 
initiatives our new majority is pursuing in Congress this year. 
American citizens expect the Congress to be good stewards of taxpayer 
dollars, and when we allow deceptive fiscal practices to continue in 
our government, we set a bad example for our Nation and create a 
reckless blueprint for future spending.
  That is why I have introduced this amendment to today's bill, which 
will clarify guidelines for premium travel by Department of Commerce 
employees. The Department's Inspector General March 2007 report showed 
that these guidelines are not being followed or controlled properly. In 
fact, the report has a specific section entitled ``The Department Needs 
to Tighten Controls, Update Guidance for Premium-Class Travel,'' and 
includes very glaring findings, notably numerous instances in which the 
Department failed to authorize or approve properly premium-class 
travel. The report concludes that the two primary reasons for these 
oversights are outdated policy and poorly implemented internal 
controls.
  Thankfully, Mr. Chairman, there is a simple solution here that can 
save the taxpayers their hard-earned dollars and continue good 
government practices, and it is embodied in my amendment. This 
amendment offers a direct method of guidance by referencing the Code of 
Federal Regulations 301-10.122 to 10.124 to withhold funds for such 
premium travel for Department of Commerce employees. A similar 
amendment applying to Department of State employees was passed by voice 
vote last year

[[Page 20626]]

when the House considered the Commerce-Justice-State appropriations 
bill.
  As we continue to tackle large instances of taxpayer dollar waste and 
abuse, let's not overlook the small steps that we can take that will 
help lead the way for good government practices.
  I thank my colleagues for their attention to this quick and simple 
way to practice better fiscal responsibility. I ask for support for my 
amendment.
  Mr. Chairman, I yield back the balance of my time.

                              {time}  2015

  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, we have no objection to the amendment.
  I yield to the ranking member.
  Mr. FRELINGHUYSEN. Mr. Chairman, we have no objection to the 
amendment.
  Mr. MOLLOHAN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Lampson).
  The amendment was agreed to.


                    Amendment Offered by Mr. Boswell

  Mr. BOSWELL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Boswell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. ___. The amounts otherwise provided by this Act are 
     revised by reducing the amount made available for the 
     ``DEPARTMENT OF JUSTICE--General Administration--salaries and 
     expenses'', by increasing the amount made available for 
     ``DEPARTMENT OF JUSTICE--Office of Justice Programs--
     community oriented policing services'', and by increasing the 
     amount made available for paragraph (5) of the last proviso 
     under the heading ``DEPARTMENT OF JUSTICE--Office of Justice 
     Programs--community oriented policing services'' by 
     ``$1,000,000'', ``$1,000,000'', and ``$1,000,000'', 
     respectively.

  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from New Jersey reserves a point of 
order.
  Mr. BOSWELL. Mr. Chairman, I've just conferred with the Chair of the 
subcommittee, and he has asked me to offer it and withdraw it, and we 
will work on it before we go to conference. So out of my respect for 
him and the ranking member, of course I will do that.
  I would just like to say this: In the last 2 years, we have done a 
little bit more than this for this good cause, and it's something 
that's helping law enforcement out across the country. And it's not big 
bucks, it's pretty small. But then again, you've got to work with where 
you're at. But it does increase law enforcement agencies' access to 
records on persons who pose a risk to local communities. I can assure 
you that the law enforcement agencies need this access, as we think 
about the things that happen to our children and older folks and so on, 
to be able to access that good information.
  So with my appreciation, Mr. Chairman, I will ask unanimous consent 
to withdraw, with looking forward to working on this at a later point.
  Mr. MOLLOHAN. Will the gentleman yield?
  Mr. BOSWELL. I will yield to the gentleman.
  Mr. MOLLOHAN. The committee has heard the gentleman. In years past 
the gentleman has been very concerned. He has asked for increases to 
the Criminal Records Upgrade Program grants, and the committee has been 
very receptive to that. Indeed, the committee this year has increased 
funding for this program by $2.1 million over 2007, which in part was 
an effort to be responsive to the gentleman's consistently expressed 
concerns about this, and genuine concerns, about this account.
  If the gentleman has looked at this carefully, we respect his 
expertise in this area, and we would be interested in visiting with him 
as we move this to conference and understanding more clearly the 
justification for an additional increase.
  And because of who the gentleman is, I have no doubt that his reasons 
are valid. And so we look forward to working with him to find a better 
offset and to be responsive to his needs, if at all possible, as we 
move to and through conference.
  Mr. BOSWELL. Well, I know your sincerity, and I know the ranking 
member's sincerity in this area. You have worked very hard on it. And I 
accept that, with appreciation.
  Mr. MOLLOHAN. Well, I just want to emphasize that in response to your 
efforts, we've increased it this year above last year, so we've already 
been successful.
  Mr. BOSWELL. We will have some interesting discussion, and I look 
forward to it. Thank you for letting me have this moment.
  I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


                Amendment No. 23 Offered by Mr. Gingrey

  Mr. GINGREY. Mr. Chairman, I offer an amendment.
  Mr. MOLLOHAN. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from West Virginia reserves a point of 
order.
  The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 23 offered by Mr. Gingrey:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds appropriated by this Act may be 
     used by the Director of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to pay the compensation of employees 
     of the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
     test and examine firearms without written and published 
     testing standards.

  Mr. GINGREY. Mr. Chairman, the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, BATFE, has been in operation without substantial 
changes since the days of prohibition, bootlegging and gang violence in 
the 1920s and 1930s.
  Last year the House Judiciary Committee considered legislation that 
would have introduced real reform to BATFE, updating the agency for the 
21st century, although time ran out before Congress could get anything 
accomplished.
  One issue of reform I remain particularly concerned about is how 
BATFE actually tests firearms submitted by law-abiding firearm 
designers and manufacturers seeking approval to put their product on 
the market.
  Mr. Chairman, without written and uniform standards, gun 
manufacturers are left guessing about which agent will inspect the 
firearm this week, whether or not they will be able to ship a product 
out to potential customers, and whether or not BATFE agents might even 
prosecute someone because of a shipping mistake or a firearm 
malfunction. So I have introduced legislation called the Fairness in 
Firearms Testing Act to address this problem, and it requires BATFE, 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, to actually 
videotape firearms tests for the purpose of general oversight, and 
encourage the agency to adopt these testing standards. However, the 
amendment I'm offering today would cut right to the point by 
withholding funds to BATFE if they do not write and publish these 
testing standards.
  More specifically, this amendment creates a level playing field for 
all United States firearm manufacturers who depend on getting a firearm 
patented and on the market as soon as possible.
  Mr. Chairman, without written procedures, BATFE has literally a free 
rein to mistreat manufacturers, change their mind after the fact, and 
leave both manufacturers and customers at a legal and financial 
disadvantage. In fact, BATFE regulations are so inconsistent that some 
manufacturers have been threatened with prosecution after receiving 
written approval for their products from other BATFE personnel.
  Since 2002, 85 percent of American firearm manufacturers have been 
forced to close their doors. Let me repeat that, Mr. Chairman. Since 
2002, 85

[[Page 20627]]

percent of American firearm manufacturers have been forced to close 
their doors. There are only 373 licensed firearm inventors and 
manufacturers left in America. Moreover, with the increase in number of 
imported firearms purchased by civilians and law enforcement alike, our 
Nation is at a strategic defensive disadvantage.
  Mr. Chairman, I realize that the chairman has reserved a point of 
order, and he will explain that, I'm sure, momentarily, but it's my 
understanding that if I do agree to withdraw this amendment, that the 
chairman and the committee will work with me to help bring reforms to 
the BATFE, including these written standards, to help United States 
firearm manufacturers. I would be happy to yield to the chairman and to 
engage in a colloquy with him regarding that. Otherwise, in the absence 
of an agreement, then certainly I want to go forward with my amendment.
  Mr. Chairman, I yield to the chairman.
  Mr. MOLLOHAN. We would, at that point, talk about the point of order 
a little more.
  We want to be responsive to the gentleman. I have not gotten deeply 
into his concerns, so I'm not sure exactly where he's coming from on 
this. But I can commit to him that we're willing to talk about it, 
we're willing to understand more clearly what his concerns are and in 
good faith work with him. And if there is an accommodation, we 
certainly want to make it in good faith. But I certainly cannot 
telegraph or represent to the gentleman an outcome; I can only promise 
him the process to work with him in good faith on this issue.
  Mr. GINGREY. Reclaiming my time, Mr. Chairman, I understand exactly 
what the chairman is saying. I'm not necessarily expecting any hard and 
fast promises on his behalf.
  And I didn't mean, Mr. Chairman, for the amendment to catch the 
distinguished chairman of the Appropriations Committee by surprise in 
any way, not to be blind-sided or coming up at the last minute. We've 
had the amendment, we filed the amendment. In fact, I had, Mr. 
Chairman, introduced legislation pertaining specifically to this effect 
last year in the 109th Congress, so this amendment basically is a 
follow-up to that legislation.
  I want to thank the gentleman from West Virginia, the distinguished 
chairman. I appreciate your spirit of cooperation. And I know there are 
some concerns about the amendment, I appreciate that. But I welcome 
your support on this matter, and I look forward to working with you. 
Let's discuss it and make sure you understand exactly where I'm coming 
from in regard to the amendment. I think it makes a lot of sense, and I 
hope I can convince you of the same.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


                     Amendment Offered by Mr. Sali

  Mr. SALI. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Sali:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. Of the funds appropriated in this Act for ``state 
     and local law enforcement assistance'', $2,000,000 shall be 
     available to provide grants to develop, expand, and 
     strengthen victim service programs for victims of 
     trafficking, as authorized by section 107(b) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(b)).

  Mr. MOLLOHAN. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from West Virginia reserves a point of 
order.
  Mr. SALI. Mr. Chairman, our great country was founded on the 
recognition of the most basic rights of mankind, that all persons are 
created equal and endowed by their Creator, with the rights of life, 
liberty and the pursuit of happiness. Yet for decades this conviction 
wasn't perfectly realized because of the blight of slavery, which we 
fought a civil war to end.
  Tragically, this is not just a long-past episode in human history. 
Human trafficking, frequently referred to as modern-day slavery, is an 
ugly reality not only in the developing world, but also in the United 
States. Our country is the destination of thousands of people 
trafficked for purposes of sexual and labor exploitation.
  Between October 2000 and March 2007, the U.S. Department of Health 
and Human Services had certified nearly 1,200 victims of human 
trafficking. As Americans, we must defend the dignity of human life.
  With my amendment, I propose to designate $2 million of the monies 
appropriated in this bill for the formation of a task force to combat 
this barbaric trade coming across our borders in the States of 
Washington, Idaho and Montana. This task force would join 42 other such 
task forces nationwide in serving as a cooperative effort between State 
and local governments, NGOs and compassionate citizens all working 
together.
  The northern border of our country is a point of entry for this 
horrific practice. In 2004, it was estimated there were between 1,500 
and 22,000 people trafficked through Canada to the United States, 
numbers that some observers believe significantly understate the 
problem.
  Currently, however, there are no human trafficking task forces along 
most of the northern borders of Washington, Idaho and Montana, yet 
these same States cover more than half of the northern land border of 
the United States, hundreds of miles of which are extremely rural and 
rugged, being patrolled only by officers on horseback or even on foot, 
if patrolled at all. Given the rural nature of these northern borders, 
opportunities for human trafficking continue, with few resources 
available to the many rural communities along the same border.
  By my amendment, I seek to make $2 million in the DOJ budget 
available in grant funds to establish the Tristate Task force to 
provide training and resources to rural communities in Washington, 
Idaho and Montana to combat human trafficking. This important task 
force will work to coordinate local efforts to combat modern-day 
slavery.
  This measure goes to the heart of equality, dignity and worth of 
every person. I ask my colleagues to join me today in the defense of 
these essential American values and support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I continue to reserve my point of order.
  The gentleman raises an interesting concern. We have just been handed 
this amendment. We would be pleased to work with the gentleman as we 
move forward.

                              {time}  2030

  In response to his withdrawing the amendment, we are going to have to 
insist on our point of order if we don't proceed in that fashion. I 
hope the gentleman will allow us to work with him.
  Mr. SALI. Mr. Chairman, if the gentleman will yield, I would agree to 
work with the chairman.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


                    Amendment Offered by Mr. Hinchey

  Mr. HINCHEY. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Hinchey:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act to 
     the Department of Justice may be used, with respect to the 
     States of Alaska, California, Colorado, Hawaii, Maine, 
     Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, 
     and Washington, to prevent such States from implementing 
     their own State laws that authorize the use, distribution, 
     possession, or cultivation of medical marijuana.

  Mr. HINCHEY. Mr. Chairman, I am introducing an amendment that is 
designed to protect States' rights and to provide people across our 
country in these 12 States that have passed laws authorizing the use of 
marijuana for

[[Page 20628]]

medicinal purposes to have access to that medical use.
  It is a very simple, very serious proposal. The Constitution of the 
United States is very clear. It authorizes States' rights in every 
other area that is not specifically designated to the Federal 
Government. One of those main areas is health care. The States have the 
authority to take care of their own people and to make sure that they 
have access to the best possible health care.
  The amendment is supported by a number of other important 
organizations across the country, in addition to organizations in those 
12 States of Alaska, California, Colorado, Hawaii, Maine, Montana, 
Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington that 
have passed laws authorizing the medicinal use of this product. Two of 
those States have passed it through their legislatures. The other 10 
have passed it by means of referendum. In other words, the people 
themselves have passed this in referendum.
  This is an amendment that really should be adopted. It doesn't do 
anything to stimulate any violations of the law. It just says those 
States ought to be able to determine how to take care of their own 
people. There are a variety of ways in which that can be done to make 
sure that they get proper attention.
  I yield to the gentlewoman from California.
  Ms. LEE. Mr. Chairman, let me thank the gentleman from New York for 
yielding and also for his leadership and for continuing to beat the 
drum on this very, very important issue.
  Mr. Chairman, this amendment is about allowing State governments to 
provide relief for a small, very important group of people who are 
suffering from chronic pain or terminal illness. This amendment does 
not encourage or make legal the recreational use of marijuana. Eleven 
States, including my home State of California, have legalized medical 
marijuana, with clear guidelines for doctors' approval before usage.
  For example, a constituent from Oakland, Angel Raich, has been 
diagnosed with more than 10 serious medical conditions, including an 
inoperable brain tumor. Ms. Raich and others who use medical marijuana 
are simply trying to relieve their crushing pain while following the 
guidelines and laws that their doctors and the States have already 
established. Taxpayer dollars shouldn't be spent on sending seriously 
or terminally ill patients to jail. Their doctors, not Congress, should 
decide which drugs will work best.
  Mr. Chairman, I urge my colleagues to vote ``yes'' on this amendment 
and ensure that patients' rights are upheld. This is the right thing to 
do. This is the compassionate thing to do. This is about health care.
  Mr. Chairman, I want to thank the gentleman from New York again for 
once again offering this amendment.
  Mr. HINCHEY. Mr. Chairman, reclaiming my time, I want to make it 
clear that there are many dozens of organizations that are focused on 
health care and constitutional rights across the country; not just in 
those 12 States, but in a lot of other places, as well, who have 
endorsed this idea and support this amendment.
  They include the American Nurses Association, the American Public 
Health Association, and the Leukemia and Lymphoma Society. Medical 
societies all across this country have endorsed this amendment because 
they know it is in the best interests of people suffering from diseases 
such as AIDS, cancer, glaucoma and others that can be relieved of pain 
and suffering and be of assistance in recovering from the debilitating 
aspects of these diseases.
  It simply makes good common sense for us to authorize this amendment. 
I hope that the majority of the Members in this House of 
Representatives will now take this opportunity to support good health 
care for Americans and also support this basic provision of the 
Constitution.
  Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to this 
amendment.
  Mr. Chairman, not only does this amendment hurt law enforcement's 
efforts to combat drug trafficking, but it sends the wrong message. 
Marijuana is the most widely abused drug in the United States. 
According to the Drug Enforcement Agency, which is under the 
jurisdiction of our committee, more young people are now in treatment 
for marijuana dependency than for alcohol or for all other illegal 
drugs combined.
  This amendment does not address the problem of marijuana abuse and 
possibly makes it worse by sending the message to young people that 
there can be health benefits from smoking marijuana.
  Our committee received a letter last week from John Walters, director 
of the Office of National Drug Control Policy opposing the gentleman's 
amendment. He warns of the potential public health impacts of 
encouraging the unfounded belief that smoking marijuana is a safe and 
effective medicine, contrary to prevailing expert opinion.
  Last year, our own FDA stated: ``Smoked cannabis has no acceptable 
medical use in treatment in the United States,'' and that no animal or 
human data supported the safety or efficacy of marijuana for general 
medical use. Furthermore, the FDA has not approved smoked marijuana for 
any condition or disease indication.
  Mr. Chairman, I urge rejection of the gentleman's amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I ask unanimous consent that the 
gentleman from New York have 3 additional minutes.
  The CHAIRMAN. Without objection, the gentleman from New York is 
recognized for 3 additional minutes.
  There was no objection.
  Mr. HINCHEY. Mr. Chairman, I just want to point out that the people 
who are opposed to this amendment, including the gentleman who just 
spoke, apparently do not understand what we are doing here.
  This amendment does not affect States, other than those that have 
passed laws with respect to medical marijuana, only those 12 States. 
This amendment would not require or encourage other States to adopt 
medical marijuana laws. This amendment would not stop law enforcement 
officials from prosecuting the illegal use of marijuana. This amendment 
does not encourage drug use in children. Teen use of marijuana has 
declined in States that have passed medical marijuana laws, and in some 
of those States it has declined dramatically.
  The purpose of this amendment is to allow these States to give relief 
to people suffering from horrific diseases without fearing Federal 
intervention or prosecution. At stake in this debate is who should be 
deciding what is best for patients: Should it be the patients 
themselves, the doctors, or should it be arbitrarily somebody in the 
Federal Government?
  Support this amendment and support States' rights and compassion. 
Doctors in these 12 States know what is best for their patients. The 
Federal Government should not stand in their way.
  I yield the remainder of my time to the gentleman from Tennessee.
  Mr. COHEN. Mr. Chairman, I had a dear friend named Oral James 
Mitchell, Jr. Oral James Mitchell, Jr., was a Navy SEAL. He fought in 
Vietnam. Oral James Mitchell, Jr., got pancreatic cancer. He lived in 
Bethesda, Maryland, a 210-pound strapping man that you would want on 
your side in a fight, and I have had on my side in a fight, and this 
country had on its side in a fight in the Vietnam War.
  When he had pancreatic cancer, he smoked marijuana. And his 88-year-
old Irish Catholic mother said to me, ``Thank God for the marijuana. It 
is the only thing that makes Oral smile or eat.''
  I watched that man go down to 115 pounds and die. And Mrs. Mitchell 
was correct. As he was dying of pancreatic

[[Page 20629]]

cancer, if he was in a State that made it legal, States' rights say 
they should have some authority, and Brandeis said States are the 
laboratories of democracy. And as laboratories of democracy, we ought 
to experiment and find out if it works and if it is good for people who 
are dying, if it gives them some relief. If it is glaucoma, if it is 
cancer, whatever the illness, they should have that relief.
  I would ask that we not have the Federal Government and DEA infringe 
on the laws of the States that have had changes in their laws, 
oftentimes through referenda of their people, and we allow those States 
to be the laboratories of democracy and not interfere with people who 
are dying, people who might have given their lives for this country, 
but who are dying and get some respite and some relief.
  So I ask you to pass this and allow States to have rights and people 
to have some relief in their dying days.
  Mr. WELDON of Florida. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. WELDON of Florida. Mr. Chairman, I rise in opposition to this 
amendment.
  I just want to say a few words about marijuana. First of all, it does 
cause cancer. I have seen it. I have seen people with lung cancer, no 
risk other than they were chronic marijuana smokers.
  Additionally, the last time we were debating this bill, I called one 
of my former colleagues in my medical practice who is an oncologist, I 
had three oncologists, and I asked him for the latest information on 
cannabis, or THC. He again informed me this is available in pill form. 
You can actually get it in pill form. Additionally, it is not a very 
good antiemetic and not a good appetite stimulator. There are about 18 
different products legally available that doctors can prescribe.
  By and large, most of the people who want to use this want to get 
high and there are consequences to letting this move forward.
  Saying that this State and this State allows this, we need to 
remember something: States govern where you practice medicine. If I 
want to practice medicine here, I have got to get a license in the 
District of Columbia. If I want to open a satellite office, I have got 
to get a license in Maryland or Virginia. But the Federal Government 
regulates prescribing, for obvious reasons. If the patient comes in to 
see me here and lives in Virginia, they are going to go over to a 
pharmacy there. So the Federal Government has always regulated this.
  There are significant consequences to making this product widely 
available, and that is what this amendment will do. This is a very, 
very bad amendment. Marijuana has been implicated in railroad 
accidents. It has been implicated in car accidents. It is documented to 
have an adverse effect on memory.
  Jeepers, we have people dying in this country from the effects of 
cigarettes. We have people dying in this country from the effects of 
alcohol. We have people in this body wanting to ban cigarettes and ban 
smoking. And now we are going to take action to allow another dangerous 
substance on the market? And there is an agenda of the people who are 
behind these kinds of amendments.

                              {time}  2045

  They want to legalize marijuana, and they want to make another 
dangerous product available to our society. I think that this is a bad 
direction for us to go in. This a bad amendment and a dangerous 
amendment. I would encourage all of my colleagues to vote ``no'' on the 
amendment.
  Mr. ROHRABACHER. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. ROHRABACHER. Mr. Chairman, I rise in strong support of the 
Hinchey-Rohrabacher amendment, which would prohibit any funds made 
available in this act to be used to prevent implementation of legally 
passed State laws in those 12 States that have authorized the use of 
marijuana for medical purposes.
  The Founding Fathers wanted criminal law to be the domain of local 
and State governments. Sick and infirm people who live in the 12 States 
that have been granted by the voters in these States the legal right to 
use marijuana to alleviate their suffering if a doctor agrees, we 
should not make them targets of prosecution. If the voters in a State 
have so voted, and a doctor agrees, it is a travesty for the Federal 
Government to waste scarce Federal resources to harass sick people, 
elderly cancer patients and frail, multiple sclerosis sufferers and 
prevent them from getting the relief their personal doctors have 
recommended.
  We have heard here hysterical talk about how voting for this 
amendment will somehow prevent the Federal Government from being able 
to go after narcotics traffickers. That is nonsense. The DEA would 
still have the power to arrest anyone selling marijuana for 
recreational use, as well as anyone selling cocaine or any other drugs. 
After all, although related to opium, yes, and even heroin, morphine is 
already used legally in hospitals throughout the United States. That 
does not mean that we are going to open up the whole country to heroin 
because we allow hospitals to use morphine.
  Whether morphine or marijuana, the fact is that Federal resources 
could be better used and shouldn't be wasted on arresting sick people 
or their doctors. Those Federal resources, if this amendment passes, 
can be redirected away from these people, but to major drug traffickers 
or crime syndicates. That makes a lot more sense than trying to stop 
somebody or arrest somebody who has a doctor's prescription because 
they are suffering from cancer treatment. It makes more sense to focus 
on the drug dealers, for Pete's sake.
  Here in the House there is a wide coalition of Republicans and 
Democrats, conservatives and liberals, and this number has grown year 
by year, who want to promote State autonomy on this issue. This is what 
the Founding Fathers wanted. Criminal matters should be left up to the 
States.
  A vote ``yes'' on Hinchey-Rohrabacher is a vote to respect the intent 
of our Founding Fathers and respect the rights of our people at the 
State level to make the criminal law under which they and their 
families will live. It reinforces rules surrounding the patient-doctor 
relationship, and it is in contrast to emotional posturing and Federal 
power grabs and bureaucratic arrogance, which is really at the heart of 
the opposition.
  This is a vote for good government. This is a good vote for honest 
compassion. The legal, humanitarian and practical thing to do is to 
vote ``yes'' on this amendment.
  Let me just note this. I have had personal experiences on this, and I 
certainly respect Dr. Weldon and his opinion. And I have asked him for 
his opinion many times for problems of my own. But I lost my mother, 
and I recently lost my brother, to cancer. I will tell you in both 
cases there was a loss of appetite and just a pessimism that came over 
my mother and my brother both. If marijuana would have helped them, and 
if a doctor would have prescribed it for them, it would have been a 
horrible thing to think that Federal agents would come in and try to 
interfere with that so they would not be able to get marijuana, if that 
is what their doctor felt would have helped them.
  That is what we are deciding today: Is that a right use of resources, 
number one, to go in and interfere with this doctor-patient 
relationship? They already use morphine in hospitals. That doesn't 
interfere with people trying to get control of the sale of heroin on 
our streets. No, this will not interfere with that. But what this will 
do is prevent a terrible waste of Federal resources.
  And let us note again, if people are sick, and a doctor says yes, 
this would be a good treatment, I don't think our Founding Fathers, who 
wanted the State governments to make these criminal laws, but I don't 
even think that they would have wanted the State governments to 
interfere in such a relationship.
  Our Founding Fathers believed in individual freedom, and they 
believed in

[[Page 20630]]

limited government. Where else but in the doctor-patient relationship 
should we have a limit on the government coming in and making things 
criminal matters? I urge my colleagues to vote ``yes'' on the Hinchey-
Rohrabacher amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Hinchey).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. HINCHEY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from New York will be 
postponed.


                      Amendment Offered by Mr. Poe

  Mr. POE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Poe:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds appropriated in this Act may be 
     used to enforce--
       (1) the judgment of the United States District Court for 
     the Western District of Texas in the case of United States v. 
     Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) decided March 8, 
     2006; and
       (2) the sentences imposed by the United States District 
     Court for the Western District of Texas in the case of United 
     States v. Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) on 
     October 19, 2006.

  Mr. POE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in my previous life before coming to Congress, I was a 
prosecutor in Texas for a long time. Then I was a criminal court judge. 
Justice is one thing that we should always find in our country, but we 
don't always find it in our courts, unfortunately.
  This case that has now become very famous throughout the United 
States happens to deal with two border agents doing their job. They 
come in contact with a drug dealer on the violent Texas-Mexico border. 
The drug dealer bring in a million dollars' worth of drugs in a van. He 
abandons the drugs and the van, takes off, tries to run back to Mexico, 
gets in a confrontation with our border agents. Shots are fired. He is 
shot in the buttocks and disappears into Mexico.
  Our Federal Government brings the drug dealer back to the United 
States and grants him immunity from prosecution of a million dollars' 
worth of drugs in order to prosecute the border agents who were doing 
their job. He was given that immunity and testified against the two 
border agents. They were convicted and sent to a Federal penitentiary 
for 11 and 12 years. And for the most part of their sentence, which 
started in January, they have been in solitary confinement, what we 
reserve normally for the hardest and meanest and most violent criminals 
in our society.
  It turns out that this drug dealer was not just a mule bringing in 
drugs to get a little money for his sick mother back in Mexico, but 
while he was waiting to testify, given immunity, he goes back to Mexico 
and brings in another load of drugs worth about $800,000.
  Our Federal prosecutors knew about that second load of drugs, but 
they insisted that the jury not know about that second load of drugs, 
and the jury never heard about that second load of drugs.
  It is relentless prosecution in this case that is chilling the effect 
of our border agents on the border to do their job, which is to enforce 
the rule of law, to arrest drug dealers. Our Federal Government had the 
choice to prosecute two border agents that violated policy, or a drug 
dealer bringing in a million dollars' worth of drugs.
  Now, you would think that public policy would say we would go after 
drug dealers. But no, our Federal prosecutors went after the border 
agents. We still don't know why they were so relentless in that 
prosecution, but they were. So tonight, while we are here, we have two 
border agents serving time in the penitentiary.
  This amendment simply tries to right a wrong. It requires that no 
funds be used to incarcerate either one of these two border agents, 
Ramos and Compean, any further, and that they can be released from 
custody.
  Almost everyone agrees that the punishment is way out of line. Even 
the prosecutor said that once. Last week the Senate held hearings on 
the prosecution of this case in a bipartisan manner and said that these 
sentences were way out of line. And so this amendment will simply allow 
no Federal funds to be used to incarcerate these two border agents.
  Hopefully the House will continue to have hearings on why these two 
agents and other border agents have been prosecuted by the Western 
District of Texas while ignoring other violations of the law by drug 
dealers.
  I hope that my fellow colleagues on both sides of the aisle would 
agree to support this amendment and to allow the release of these two 
individuals, and not allow any Federal funds to be used to incarcerate 
two men who were simply doing their job for the rest of us on the 
violent Texas border.
  Mr. CULBERSON. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Texas is recognized for 5 minutes.
  Mr. CULBERSON. Mr. Chairman, every American is born with an innate 
sense of fairness and what is right and wrong. This case, more than any 
other, has struck a chord among Americans as being fundamentally unjust 
and flat wrong; that two law enforcement officers who swore an oath to 
protect this Nation, who were out on that violent Texas-Mexico border 
to protect this Nation against criminals and terrorists, every American 
understands the case where the two Border Patrol agents doing their job 
are thrown in prison for 11 and 12 years, and the drug smuggler goes 
free with a visa to pass back and forth as often as he wants. And the 
drug smuggler sues us, the taxpayers, for millions of dollars. Every 
American gets that.
  I have never seen a level of outrage among my constituents and really 
across the country on any issue as there has been on this issue of 
freeing Border Patrol Agents Ramos and Compean.
  It is patently unfair these two men, whatever you may say about the 
circumstances of the case, if they improperly picked up shell casings, 
they did not report the shooting, it is an administrative violation. At 
most you fire them from their job. But to be sentenced to 10 to 12 
years in prison, these two law enforcement officers, to be sentenced to 
prison for 10 to 12 years is an outrage. It is just, it is unfair. The 
drug smuggler to this day is free.
  As Judge Poe said, the drug smuggler ran another load of dope into 
the United States, and the DEA knew about it during the trial of this 
case. This guy ran more drugs into the United States, and the 
prosecutor ordered the DEA not to arrest him and let him go free.
  Every American understands this case. People may not have understood 
the Nigerian oil barge transfer and the Enron case; everybody gets this 
one. And the Congress, I am very proud to stand here tonight with many, 
many other Members of Congress who have asked the President first to 
pardon these two officers. And now that they are in prison and have 
suffered so much and have lost everything, many of my colleagues, who 
you will hear speak, have joined together in writing a letter and 
asking the President, and we reiterate that call tonight, Mr. Chairman, 
asking the President to commute the sentences of two Border Patrol 
agents, Ramos and Compean, for the same reason that he commuted the 
case of Scooter Libby.
  In the case of Scooter Libby, the President said the sentence did not 
fit the crime. Certainly that is true here. If they picked up shell 
casings and didn't report the shooting, you don't go to prison for 10 
and 11 years. In the case of Scooter Libby, the President said Scooter 
Libby had already suffered enough. Clearly these two Border Patrol 
agents have already suffered enough. They have lost everything. Their 
lives have been destroyed. They have been thrown in prison. It is just 
simply wrong for their incarceration to continue another day.
  For whatever reason, the White House is turning a deaf ear on the 
call

[[Page 20631]]

of the American people, the overwhelming outrage of the American people 
to have these two men released from prison. So what other choice do we 
have, Mr. Chairman, as Members of Congress, but to cut off the funding 
to the Bureau of Prisons to incarcerate them? We cannot as Members of 
Congress send a stronger signal to the White House and to the American 
people how committed we are to protecting this border and standing 
behind our law enforcement agents, and letting the Border Patrol agents 
know that we are proud of them and support the work that they are doing 
for the sake of our children and for the sake of our constituents. We 
understand clearly that we will never win the war on terror until we 
have truly protected our borders.

                              {time}  2100

  The border today is unprotected and wide open. If you cross in 
Arizona, you won't even be arrested the first 15 times you cross over. 
You're going to be put right back across the border.
  If you cross in Brownsville, an agent told us on a trip just a couple 
of weeks ago, Brownsville will only arrest an illegal alien if they 
come up and knock on the window of the vehicle.
  But yet, right next door in Del Rio, thank God Del Rio is arresting 
everybody. In Del Rio, using existing law and existing resources, 
Federal Judge Alia Ludlum, Border Patrol Sector Chief Randy Hill are 
arresting every single illegal alien crossing the border in Del Rio. 
They have zero tolerance for illegal aliens crossing in Del Rio. The 
local community loves it because it keeps the streets safe, the schools 
safe, the business community thriving. The illegal crossings have 
plummeted, burglaries have plummeted, and the result in Del Rio is 
peace and quiet. Yet, right next door in Brownsville there's chaos.
  So, we all of us have a stake as Americans. In winning the war on 
terror, you've got to secure the border. No better way to secure the 
border than enforce existing law, and the best way to make sure that 
our agents out there in the field know that they're going to have the 
support of the American people is for the President to step up and 
commute the sentences of these two border patrol agents.
  Until that happens, it is up to us here in Congress to do all that we 
can to send a message to every border patrol agent that we're doing 
everything within our power, officers of the law, to support you, to 
tell you we're proud of you. You are in front lines of the war on 
terror on the border, just as our soldiers are in Iraq.
  I urge the Members of the House to support Mr. Poe's amendment so we 
can stop the funding of the incarceration of these two agents and send 
as strong as possible a message to the White House and, frankly, also 
to every law enforcement agent in the field that we're proud of you and 
that we want you to protect our border.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Well, with Mr. Culberson speaking on this issue with 
such knowledge, he's a member of our subcommittee and I respect his 
knowledge of border issues so much that I approach this debate with 
fear and trembling. I know that he is passionate about this issue as he 
has talked with me about it before, in addition with the other border 
issues that I'm totally serious he is nigh an expert on.
  Nevertheless, Mr. Chairman, I have to rise in opposition to this 
amendment for a number of reasons, but principally, let's get our jobs 
straight here. We're article I. We're the legislature. We pass the 
laws. We appropriate the dollars, and then the executive branch, of 
course they administer, and it goes on and on.
  But the executive branch is article III, and the executive branch 
takes these criminal cases and they process them. I heard some really 
excellent defense summary arguments here before juries in support of 
this amendment. I cannot imagine a body less capable, less appropriate 
to adjudicate the issues surrounding the incarceration, conviction, 
prosecuting of the cases against these two gentlemen than the United 
States House of Representatives.
  First of all, it is a very serious issue, and if we were to act as a 
jury, we ought to be sitting here. And look around and we're not, not 
very many of us.
  But secondly, it's not at all the appropriate forum. So we really 
shouldn't even be taking this up. This is a limitation amendment on an 
expenditure of funds to incarcerate two individuals who have been 
processed, due process arguably, and have had a very unfavorable result 
so far as they are concerned. This issue ought to be resolved in the 
courts surely, or if the President of the United States wanted to take 
it up, he has the power that we don't have, to my knowledge. He has a 
pardoning power. We don't have that here, but in effect, we are 
attempting to act as if we did here with these two amendments.
  So I don't even begin to speak to the merits of the cases, and some 
folks have spoken to the merits of the cases here. I don't have the 
facts to argue the case, but I do know this is a particularly 
inappropriate forum and a particularly inappropriate and imperfect 
process by which to address these gentlemen's grievances.
  So I rise in opposition to the amendment. I trust the body will 
recognize the merit of the arguments that I'm making, because I think 
they're sound, and will likewise oppose these amendments.
  Mr. Chairman, with that, I yield back the balance of my time.
  Mr. TANCREDO. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Colorado is recognized for 5 
minutes.
  Mr. TANCREDO. Mr. Chairman, in fact, this is not a unique situation, 
unique to the extent that the House has not acted before in a criminal 
case of this nature, but in fact, the House has acted in the past to 
intervene in cases where we have determined that the outcome was 
something we did not agree with. We've done it. We've stripped courts 
of certain abilities to actually hear cases.
  In the past, we've actually passed legislation to change or overturn 
cases. One was, of course, the case of the Ten Commandments. Another 
one was, I believe, Congressman Bernie Sanders at the time passed a 
bill to overturn a case with regard to pension funds. So it is not 
unique that we would be doing this.
  Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
  Mr. TANCREDO. I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, my only point is that we have the power 
to define jurisdictions for the courts. It's in the Constitution. We 
don't have power to adjudicate the guilt or innocence of two 
individuals.
  Mr. TANCREDO. Reclaiming my time, it is again not the position that 
we are taking here that we are, in fact, changing the decision of the 
court in regard to their guilt or innocence. We are saying that the 
punishment handed down is far in excess of what it is they may have 
done wrong, and that is something I think that we have the absolute 
ability and right to do here.
  These two gentlemen have served now 190 days, 180 days, something, 
already in prison, and for what? I mean, the most significant thing 
that we can actually determine, even according to some of the 
discussions that have been held and some of the statements that have 
been made by the prosecuting attorney, they're sorry. They made 
mistakes in terms of maybe using the type of prosecution that would 
require this kind of penalty. They have even said this may have been 
the wrong thing to do. Members of the jury have indicated that if they 
had seen all of the information now provided to them they would not 
have voted this way.
  So it isn't an issue of the facts of the case so much as it is 
whether or not we believe these people have actually spent enough time 
in jail, have they been punished according to the crime. And I would 
suggest to the gentleman that if you look at this case carefully, 
certainly that is the case.

[[Page 20632]]

  The person that brought this stuff through, the individual that 
actually was the drug dealer, he is walking free. I have visited Mr. 
Ramos in prison after he was severely beaten in his cell. They attacked 
him in his cell, of course, because they found out he was a Federal 
agent, and I went down there and visited him. You cannot imagine how, 
in a way, heartbreaking it is to see this guy in the orange jumpsuit, 
in shackles, and knowing that he is being deprived of the comfort of 
his own family, as is Mr. Compean, and here's a drug dealer that's 
going free in the meantime. It is absolutely incredible. This is a 
travesty.
  We have begged the President to please become involved with this, 
please pardon, please commute. He has chosen not to. This is the only 
option we have open to us, and that is why we are doing what we're 
doing tonight.
  And yes, to some extent, I understand that it is not a common 
practice here, but I think the situation is not an ordinary situation 
where we have two people who have sworn to defend and protect this 
country. They are in jail. They have served enough time; that's what we 
are saying. They have served enough time.
  Please adopt the Poe-Tancredo-Hunter amendment.
  Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
  Mr. TANCREDO. I yield to the gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Chairman, I commend the sentiments of the gentleman 
who's bringing forth this amendment. I don't for a second do anything 
but think that that's laudable, and I make no judgment about the merits 
of this case. As the gentleman describes the merits in the favor of 
these gentlemen, they're powerful. I mean, it sounds like the equities 
are running all in their favor. I make no comment on that at all 
because I don't know the facts. And I have read about it, and it does 
make one sympathetic based upon the facts as you cited.
  But I don't make any judgments about that. I just oppose it because I 
don't think this is the right forum. The President, of course, would be 
an appropriate forum, but that's the only basis of my concern about the 
amendment. So I commend the gentleman for bringing the issue to the 
House.
  Mr. TANCREDO. I thank the gentleman. If there were another way to do 
this, I assure you we would look at it. We have tried everything 
imaginable to get these two people to actually get justice, and the 
justice would be to set them free. And that is what I suggest we do 
with this amendment, and I certainly would urge this body to adopt the 
Poe-Hunter-Tancredo amendment.
  Mr. FARR. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. FARR. Mr. Chairman, I didn't come here to speak on this issue. 
I've certainly, I think like most Members of Congress, been following 
the sensation that television and others have made of this issue. But 
in the debate, I just wanted to share a couple of things that I've 
observed as a member of the Appropriations Subcommittee on Homeland 
Security and as Member of Congress who spent several days traveling all 
along the border with the Border Patrol.
  It was very interesting because I ran into a lot of people that had 
been detained. I speak Spanish and was able to interview many of the 
people that were detained, and we don't really get into the day-to-day 
administration of the detention, release and so on. What was very 
interesting and kind of surprising to me, because this case has been 
argued in the media and certainly here on the floor, I was a little bit 
shocked by the last speaker who indicated that this is not a matter of 
facts. It is a matter of facts, and I think that we don't always deal 
with the facts.
  I would point out that the drug dealer, the person that was shot in 
this case, was released. Did you know that the U.S. Attorney's office 
does not prosecute anybody who brings less than $5,000 worth of drugs 
across the border, less than $5,000? A lot of those marijuana packs 
that the smugglers carry are determined to be less than $5,000, and so 
nobody who is essentially a mule is arrested, arrested but not 
detained.
  We also, when we detain people, we give them the option, Do you 
understand you're now arrested? You have the right to a trial by jury 
as anybody in this country would have a right to unless you waive it. 
And 99.9 percent of everybody waives that and, therefore, gets released 
to their country of origin.
  So this catch-and-release is not unusual. In fact, it's the norm, and 
the fact that this gentleman wasn't prosecuted for his drug record is 
of other facts.
  What really struck me, and I'm just sharing, this is anecdotal 
information, but I think this amendment and the Congress bringing this 
up, in my opinion, is an abuse of power. Why? Because if, indeed, and I 
don't know the sentencing of these border patrolmen, but I know that 
there is a process if these sentences are extreme, you can appeal 
those. We have a sentencing commission, and the courts certainly review 
that. And so I think there is a remedy within our justice system to 
appeal where the sentences are too harsh.
  But here's the thing that's most interesting to me. I didn't find one 
single member of the Border Patrol that supported these two people that 
had been arrested, who had been convicted by trial of law. So, on this 
floor, you're making them out as national heroes. They were convicted 
in a court of law in the United States for wrongdoing, and I think 
that, as the chairman has indicated, that it is not wise for the 
Congress to second-guess and make this a sensational case.
  I've visited high school friends who were convicted of drug issues in 
prison, and I sympathize with everything that people say about these 
gentlemen, about their families and about the situation of being 
incarcerated. But I'm also concerned as a Member of Congress that we 
ought not to override the jurisprudence system that we've established 
in this country, and that I do think that the remedies in law lie in a 
court of law, and therefore, this amendment is not appropriate.
  Mr. Chairman, I yield back.
  Mr. HUNTER. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. HUNTER. Mr. Chairman, let me explain why this case is different 
from all the rest. This is an extraordinary case. It's a case which, 
even if you accept the drug dealer's word and all of his testimony as 
fact, finds results in not only the Members who have sponsored this 
amendment, Mr. Poe, Mr. Tancredo, myself, Mr. Rohrabacher, Mr. 
Culberson and many others, that list should be extended to about 1 
million ordinary Americans who now know the basic facts of this case, 
having been laid out in hearings in the other body and soon to be laid 
out in hearings here, because these gentlemen have been given murder 
verdicts. They have been given time in excess of the average convicted 
murderer in the United States.

                              {time}  2115

  That's what makes this case so extraordinary, along with the facts 
that attend the way evidence was kept from the jury.
  Let me just explain this extraordinary case, this case in which the 
so-called victim was moving close to $1 million of drugs across the 
border, was shot, was wounded, was brought back into the United States, 
given immunity to testify against these two Border Patrol agents.
  Yet after he had been given immunity, and presumably had told the 
U.S. attorney that in exchange for that immunity he would not continue 
to move narcotics, he was connected with another massive case of moving 
almost another $1 million of drugs across the border. That information 
was never communicated to the court, even though the testimony of that 
drug dealer is the testimony that sent both these agents to the 
penitentiary for, essentially, murder sentences; that is, 11 and 12 
years respectively.

[[Page 20633]]

  Certainly the U.S. Government at that point had an obligation to go 
to the court and tell the court that, indeed, the credibility of their 
key witness had been doubly compromised by this second movement of 
narcotics.
  Lastly, let me just say this: Pardons are given, commutations are 
given. This is, I think you could look at this as maybe another species 
of commutation. That is, if the Congress speaks loud and clear, and the 
President signs this bill, then that will be a commutation of the 
sentence of Agents Compean and Ramos.
  In light of the commutations that have been given recently by the 
executive branch, I think we need to remember that people that live in 
small houses sometimes have a right to commutations of sentences, just 
like people who live in big houses.
  In this case, these two Border Patrol men are now in isolation, 
having spent a long time in jail, Mr. Ramos having been beaten up. 
Their families, most of us have met their families. This is a matter of 
little children wanting to see their daddies come home who, in my 
estimation, have not broken any law anywhere as significant as that 
which would justify these massive sentences that they have been given, 
this 11 and 12 years in Federal penitentiary, respectively.
  Let me add my voice to support of this amendment, which I, along with 
a number of other colleagues have cosponsored with our great friend 
from Texas (Mr. Poe).
  Mr. Speaker, I yield to Mr. Poe the balance of my time.
  Mr. POE. Mr. Chairman, how much time do I have?
  The CHAIRMAN. There is 1 minute remaining.
  Mr. POE. I appreciate the support. I would like to comment on the 
comments earlier by the gentleman from California.
  It is true. I don't know if the American public knows this, but if 
drug dealers bring in $5,000 of drugs or less, they are not prosecuted. 
But this wasn't a $5,000 case. The drug dealer first brought in $1 
million worth of drugs, and in the second case he snuck in $800,000 
worth of drugs. The jury was never told about that.
  The other thing I would like to point out is that Members of Congress 
met with the Homeland Security inspector general about this case. They 
gave us information that turned out not to be true. Mr. Skinner finally 
testified under oath before Congress that the information they gave us 
about this case was false. That is disconcerting in this type of matter 
when we have Homeland Security telling Members of Congress things that 
are not true about this particular matter.
  I don't have time to go on that, but I would ask for support of this 
case. This is the only remedy available. In my judicial experience, I 
do believe in our court system, and our courts eventually will work 
this case out. It will be reversed, but meanwhile they are in jail. The 
only way they can get out of jail is if we pass this amendment. I 
appreciate it.
  Mr. GOODE. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. GOODE. Mr. Chairman, I was over in my office signing letters, and 
I heard the discussion on the floor about Ramos and Compean, and I 
heard what the great gentleman from West Virginia had to say. He talked 
about procedures and how, really, this would be better off left to the 
courts in some other avenue.
  But this is not about procedure. It's not about some rules and 
regulations that we must adhere to over what is just. What is just in 
this case is to set Ramos and Compean free.
  This is an issue of what's right for the United States of America. 
The morale of our Border Patrol has had a truck driven through it by 
those who have prosecuted and persecuted Ramos and Compean. They 
deserve no more prosecution. They deserve no more persecution. They 
need to be set free and enhance the morale of our Border Patrol and 
enhance the security and integrity of the United States of America.
  This is an issue about our borders. If you believe that our borders 
should be secure, and if you believe that those who enforce our borders 
should be stood up for, you need to vote ``yes'' for this amendment.
  I ask you to vote for our country. Vote for our sovereignty, vote for 
our borders and vote ``yes'' for the Poe-Hunter-Tancredo amendment.
  Mr. ROYCE. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. ROYCE. Mr. Chairman, this amendment would prevent the 
expenditures of any funds for the purpose of enforcing the judgment or 
imposing the sentences handed down in the case of United States v. 
Ignacio Ramos and Jose Compean.
  As most of you know, President Bush so far has rejected appeals by 
many of us for a pardon for these two Border Patrol agents who are now 
sitting in Federal prison for shooting a professional drug smuggler who 
worked for the cartels, who was fleeing back across the Rio Grande. 
These two agents are now serving 11 and 12 years, respectively.
  I have talked to many Border Patrol agents about these cases, about 
the circumstances they face down there. I haven't found any that don't 
support Jose Compean and Ignacio Ramos, and certainly their association 
supports them fully.
  In the meantime, of course, the great irony here is the smuggler they 
apprehended for attempting to smuggle some 750 pounds of drugs into our 
country is free.
  The U.S. attorney here claimed that the agents fired on an unarmed 
man, but how do we know that? Because the U.S. attorney asked the jury 
to take the smuggler's word for that and to disbelieve the two Border 
Patrol agents who testified they thought he had a gun.
  I can tell you I held numerous hearings down there on the border in 
Texas in the past, over 400 attacks on our Border Patrol agents. The 
family members of the individual here who was smuggling say he would 
not move drugs without a gun on him. That is what his own family says 
about him.
  Frankly, it does take a stretch of the imagination to believe that an 
employee of a cartel down there would not have a gun somewhere near him 
moving this quantity of drugs.
  Now, the U.S. attorney said the agents failed to file a report for 
their actions, and that proved they tried to cover up the shooting. I 
am not sure that was true. Two of their supervisors were on the scene 
within minutes, and the agents made a verbal report to them, according 
to Ramos and Compean.
  Failing to file a written report is an administration violation and 
normally punishable by a 3-day suspension, but it is the supervisor who 
is supposed to file that report, as I understand it, not the agents.
  The U.S. attorney says that Ramos and Compean were convicted by a 
jury in Texas after all the evidence was presented. But, the U.S. 
Attorney, his team, prevented crucial evidence from being admitted in 
the trial. For example, the jury did not learn that the smuggler 
committed a second smuggling operation while he was under the grant of 
immunity given by the U.S. attorney. That information was withheld from 
the jury while it was argued that the agents, that the Border Patrol 
agents, couldn't have known he was a drug smuggler, even though there 
was this quantity of drugs in his van.
  The U.S. attorney had prosecutorial discretion in choosing to do 
this, and he chose to throw the book at Ramos and Compean while giving 
the professional drug smuggler a visa that allowed him free passage 
across our border to smuggle again. The attorneys for Ramos and Compean 
have filed an appeal with the U.S. circuit court asking for a new 
trial. They deserve a new trial. Yet the quickest and surest way to 
manifest this injustice is for President Bush to grant a full pardon 
or, at a minimum, a commutation of the prison sentence.
  These men deserve better, and today we have an opportunity to right 
that

[[Page 20634]]

wrong. By voting for this amendment to free these men, Congress will 
not only be correcting a terrible mistake, it will begin repairing the 
morale and effectiveness of our Border Patrol that have been damaged 
by, frankly, these reckless actions.
  It's time to send a different message to both the courageous men and 
women of the Border Patrol and to the mules and to the bosses in the 
drug cartels. Let's send that message today by telling the cartels that 
our Border Patrol means business, not business as usual.
  Mr. ROHRABACHER. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. ROHRABACHER. Mr. Chairman, the Ramos and Compean prosecution has 
been the greatest miscarriage of justice in my 30 years in Washington, 
DC, and, believe me, I have seen a lot.
  Ramos and Compean were veteran Border Patrol agents. They had 
unblemished records. They had both served in the military. Ramos and 
Compean were veterans of the Border Patrol, 5 and 10 years, 
respectively. Both had been in the military. In fact, Mr. Ramos, I 
believe, had been a 10-year veteran. He was a naval officer in the Navy 
Reserve for 10 years. Ramos had been nominated the year before as 
Border Patrol Agent of the Year.
  Yet these two agents, their lives have been destroyed, and they have 
been vilified by Department of Justice officials and this 
administration. One day 2 years ago, they interdicted a drug dealer. 
After a scuffle ensued, the drug dealer ran toward the border, shots 
were fired, the drug dealer was shot in the buttocks. At the end of 
this incident that took place in just a few minutes, where a split-
second decision was made to shoot their weapons, they decided that he 
had gotten away. They didn't know that the drug dealer had been hit.
  There is where they made their mistake. They decided to not go 
through the 8 hours of arduous drudgery of filling out all of the 
reports that are necessary, the paperwork that is necessary when there 
is a shooting incident. So they and their supervisors, I might add, 
helped collect the little shell casings and determined, well, the guy 
didn't get hit, we will just forget it.
  Well, that was a violation of procedure, yes. For that they might 
have deserved a suspension. Instead, this administration chose to throw 
the book at these men and turn what should have been just a violation 
of procedure, perhaps just a paperwork mistake, which sometimes happens 
even here in this body, they turned that into a felony.
  They have destroyed the lives of these two defenders of our country 
who have spent 5 and 10 years of their lives willing to take bullets 
for us on the border. But our administration, this administration, 
decided to throw the book at them and give a free pass to the drug 
dealer, to the man who is bringing in $1 million worth of narcotics 
into our country.
  That decision is so indefensible that I believe that the 
administration has been trying to cover up for that mistaken decision 
since that moment. What we have had, for those of us who have been 
looking into this, is we have been completely stonewalled by this 
administration, by the Department of Justice, by U.S. Attorney Johnny 
Sutton in trying to get the information about the drug dealer and the 
free passes, the free passes that he had to transit into our country 
unescorted after this incident.
  The fact of the matter is that the jury was told that the drug dealer 
involved was a one-timer who was trying to raise money so he could buy 
medicine for his mother, his sick mother. That was a lie that was 
presented to the jury, a lie.
  Let me repeat that. It was not true, and the prosecutors understood 
they were given something not true. In fact, we were told by the U.S. 
attorney, Johnny Sutton, well, the fact that the information that the 
drug dealer had been picked up a second time before that trial was kept 
from the jury, but that the judge was the one who decided that.

                              {time}  2130

  That too is a lie. A lawyer may believe that, but the fact is we know 
the prosecutors were the ones who demanded the judge. It was their 
motion to keep that from the jury.
  So why do we have an administration that feels so intent on 
destroying the lives of these two Border Patrol agents that they 
vilified them, that they keep information from the jury? This whole 
thing stinks to high heaven and the smell seems to be emanating from 
the White House.
  Ladies and gentlemen, these are two people, two men, two brave heroes 
who were defending our country every bit as much as those men and women 
who are overseas right now defending our country. They were willing to 
risk their lives for us. We should not sit aside and let them languish 
in prison as their families go down into abject poverty without any 
health care, without any source of income. Their retirement benefits 
are destroyed. This is the most mean-spirited, nasty attack on some of 
the defenders of our country that I have ever seen in my lifetime. We 
cannot let it sit. If we are patriotic Americans, it doesn't go to just 
posture ourselves with the defenders of this country and then let these 
two men languish in prison.
  The CHAIRMAN. The time of the gentleman from California has expired.
  (On request of Mr. Mollohan, and by unanimous consent, Mr. 
Rohrabacher was allowed to proceed for 3 additional minutes.)
  Mr. ROHRABACHER. Mr. Chairman, I would ask my colleagues to search 
their hearts. We can do something about this.
  You know, first of all, it has been a dismay to me to see how we have 
treated each other in this body. I don't know why, but people are 
looking to bring down each other because people disagree. We can 
understand that with philosophical differences, but how can we ever 
justify someone who has gone out of their way, our representatives in 
the Department of Justice going out of their way to bring down two 
defenders, turning a paperwork mistake, a procedural error, into a 
felony which has destroyed these men's lives.
  If we stand up for Ramos and Compean, we stand up for the people of 
the United States. They know that; they are watching us. They know if 
we really care about the little guy, and that is what this is all 
about. We care about the little guy because that is what America is all 
about.
  I support the amendment and ask my colleagues to join me in doing so.
  Mr. BILBRAY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. BILBRAY. To the gentleman from West Virginia, let me just say I 
know your concern about the process here. But I think that if you 
reviewed this situation and the process these two Border Patrol agents 
went through, you would understand why some of us are standing up and 
saying, first of all, the 10-year minimum for the commission of a crime 
while carrying a firearm, it was used to apply to these agents, was 
never meant to apply to law enforcement agents who are required by law 
to carry firearms. And I think we can kind of understand.
  Remember when we passed that and it went through, it was sort of 
like, criminals, if you are going to engage in criminal activity, leave 
your gun at home, as a way of lowering the level of violence and the 
potential violence of criminals carrying firearms at the time of the 
commission of the crime.
  This law that we passed at the Federal level is being applied to 
Federal officers who are required by statute to carry a firearm. And so 
now what we have is that we have law enforcement agents who are sworn 
to serve the American people, that are being prosecuted under a statute 
that says we are going to nail you because you were carrying a firearm 
during the commission of a crime when, as a requirement of their 
employment, they had to carry the firearm.
  Doesn't anybody else find this kind of absurd, if not ridiculous?
  And all I have to say is I would sincerely hope that the chairman of 
the

[[Page 20635]]

committee will take a second thought about opposing this amendment, 
because I think in all fairness the American people are saying we have 
two agents who were serving their Nation as best as they could. They 
might have made a mistake that should have been administered through an 
administrative process; and those of us in local government that have 
worked with law enforcement know this, excessive force happens in 
certain situations.
  But this is where a Federal law that we passed in Congress that says 
we are going to nail the criminals who use firearms in the commission 
of a crime and tell them don't ever carry a firearm when you are 
thinking of breaking a crime, that that law is being applied to our 
agents who are executing the requirements of Federal law. That was 
never the intention of this law, but it is being applied to these two 
agents.
  So I just have to say sincerely, I would really ask the chairman to 
reconsider his opposition to this amendment. I think fair-minded people 
that know why this Federal law was passed know that it was not meant 
for Border Patrol agents or any Federal agents that are required to 
carry a firearm, to use this law against those agents. And if you can 
do it to Border Patrol agents, you can do it to FBI agents, you can do 
it to everybody.
  Now, let me just say something about the unique situation that we are 
seeing down at the border. At this location, Mr. Chairman, within the 
month of this incident you had Border Patrol agents under fire by 
automatic gunfire, AK-47s firing at our agents from across the border. 
There was good reason to think that our agents might have been a little 
more active with their guns than we might have preferred. But, in all 
fairness, it really comes down to: Are we willing to stand up and say 
there has been a mistake, that mistake needs to be addressed, needs to 
be reassessed, and do we now relinquish our responsibility of the 
budget to the executive branch where we say these agents have been 
wronged?
  And if those of you that want to talk about this, in all the years I 
was in local government I saw excessive force cases brought very 
seldom. In this one sector, this Federal attorney has brought excessive 
force cases against three different law enforcement officers. Every one 
of them that we know of, or I know of, just happened to have been cases 
that involved illegal aliens, drug smugglers, foreign nationals 
committing a crime. That is really unique. I have never heard of that 
kind of situation occurring anywhere else.
  In this case, it is time that we stand up and we say, you have the 
jurisdiction to prosecute, you have the jurisdiction not to give 
clemency on this issue, but we have the jurisdiction of saying you will 
not use the taxpayers' funds to prosecute these men.
  Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from Rhode Island is recognized for 5 
minutes.
  Mr. KENNEDY. I understand, Mr. Chairman, the President of the United 
States today issued a press release saying that he was not going to ask 
that these officers be allowed out on bail or bond even after it was 
requested that they do be permitted to be released on bail and bond. I 
find it regrettable that the President did not give some explanation 
for why he didn't give these officers an opportunity to be given 
release on bail or bond as other people who would be on trial or given 
that kind of opportunity would otherwise be given.
  At the very least, I think the President, given the nature of these 
officers being in law enforcement, has an obligation to ensure their 
security when they are in prison because they are, I understand, at 
greater threat to their own lives being law enforcement officers if 
they are incarcerated. And I would hope that the Department of Justice 
in its incarceration procedures does take into account the very 
increased threat level to these officers because of the nature of them 
being law enforcement officers.
  That being said, however, we do have to keep in mind that it is a 
Bush-appointed U.S. Attorney that prosecuted these Border Patrol 
officers and it was a jury of a U.S. citizens who rendered a verdict 
based upon the U.S. law and based upon the evidence of U.S. law, not 
the Members of Congress here standing based upon newspapers and based 
upon Fox news stories and everything else, but based upon the evidence 
in a case presented to a jury through an evidentiary hearing. And that 
is what we need to abide by is a legal process. We can't abide by a 
political process.
  If we were to abide by political process every time a legal case came 
along and were to suspend the process every time we thought one case 
was more popular than the other, it would just upend the idea of 
justice as we know it in this country, because I think all of us could 
come here to the floor and tell of a unique story where someone was 
wronged by the system of justice in this country.
  And I think that it is kind of ironic that my friends are so outraged 
by mandatory minimums with guns, because they are so outraged by 
mandatory minimums with everything, and yet they are the first ones to 
pass these mandatory minimums and then wonder, now finding their own 
friends in the behind and saying, no, we can't have it touch our 
friends, and then all of a sudden they don't want it that way.
  Well, you know what? There are lots of people in this country who 
have been caught behind these mandatory minimums who have just been 
caught in the wrong place at the wrong time that are now serving life 
sentences. Kids that have been caught in ghettos just because they have 
been friends of friends who have been part of gangs. Now that they have 
been associated with gangs, they have gotten the gang-related crime 
tagged onto them, which has added another 10 years to their sentence, 
and that has been a mandatory minimum just because of some law that we 
have passed saying that you get another 10 years because you are 
related to a gang member. Now it is very interesting that all of a 
sudden people are so outraged by these minimums that have been tacked 
on to these officers carrying firearms in the commission of a crime.
  So I just think that we should all pause for a moment when we think 
about being tough on crime. Here is a perfect example of where it comes 
back to bite us in the you-know-where when we think that we are trying 
to be tough on crime and then find out that sometimes when we are 
passing these mandatory minimums it doesn't always work out the way we 
expected it to be.
  Mr. BILBRAY. Mr. Chairman, will the gentleman yield?
  Mr. KENNEDY. I yield to the gentleman from California.
  Mr. BILBRAY. I think you agree, though, that when we talked about the 
10-year minimum, the jury was told that they had to administer the 10-
year execution based on the commission of the crime. And I think you 
were here when the 10-year minimum was passed. I think you would agree 
the idea was to try to encourage anybody that, if you are going to do 
something that was illegal, you don't carry a gun, because it would 
lower that level of potential.
  Mr. KING of Iowa. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. KING of Iowa. Mr. Chairman, I very much appreciate the gentlemen 
that have bought this amendment to the floor. It is something that all 
America has been fixated upon, because they understand the injustice 
that underlies the prosecution of these two Border Patrol officers. And 
I would like to characterize this perhaps a little bit differently.
  Listening to the gentleman, my friend who just got done speaking, 
talking about the mandatory minimums being something that comes back to 
bite us in the you-know-where, no, this isn't the mandatory minimum 
issue that is before us tonight. This is the equivalent of a private 
bill.
  We have brought private bills through this Congress a number of times 
when we see issues that there is such an egregious case for specific 
individuals that we will generally bring that language through the 
Judiciary

[[Page 20636]]

Committee, through the Immigration Subcommittee and on through 
Judiciary and onto the floor. It has happened a number of times in my 
time here in Congress. In fact, I have one here today that one of your 
colleagues from your side of the aisle offered to me, and I will 
consider it. But this is actually in my jacket pocket. This is a 
private bill asking for relief for people who have violated the law but 
find themselves in unique circumstances and pleading upon this Congress 
to make an exception because they are unique circumstances, and this is 
a measure to our heart.
  What does our heart have to say to us when you see two Border Patrol 
officers who put their lives on the line on a daily basis and find 
themselves caught in this legalistic vice that has unfolded because, I 
think, of a discretionary decision by a U.S. Attorney in his 
prosecution?
  What I am concerned about is if this Congress doesn't stand up and 
defend these two people, Ramos and Compean, Border Patrol officers will 
be reluctant to pull their weapon in the line of duty and they will be 
in the line of fire. And I am afraid we will lose one or more Border 
Patrol officers in the line of duty because they will be hesitant to 
ever pull their weapon. That is a piece of their thing.
  I yield to the gentleman from Texas, and again thank him for his work 
in bringing this amendment to the floor.

                              {time}  2145

  Mr. POE. I thank the gentleman from Iowa for yielding.
  I know that we've discussed this issue a lot tonight, but it's 
important because it has to do with the most important concept that any 
of us have, liberty. And we have found in the investigation of this 
case that the U.S. Attorney's Office has done everything it can to make 
sure that these two people stay in jail.
  The key to this is that the jury did decide the facts of this case, 
but the jury didn't get all the facts given to them under the law. 
There was another case where the drug dealer brought in another 
$800,000 worth of drugs while he's running free at American taxpayer 
expense, and brings in these drugs while he's waiting to testify. 
Anybody who served on any jury in the country would want to know about 
that second case. This jury was prohibited from knowing about that 
because of the insistence and the relentless prosecutor who demanded 
that the jury not hear about all of the facts.
  The question is why? Why wouldn't the prosecutor want the jury to 
know all the truth about this case?
  We don't know. We do know that the Mexican Government, in its 
righteous indignation, sent a speedy letter over to the U.S. Attorney's 
Office demanding prosecution of these border agents. The Mexican 
Government dealing in our court system, their opinion is irrelevant, I 
submit, Mr. Chairman.
  And this case is a case where our Border Patrol agents are in Fabans, 
Texas. I don't believe there's been a person here that's been to 
Fabans, Texas, unless they've gone there on purpose to see the border. 
It's a violent, dangerous, desolate area. And based upon the rules they 
have to follow, they cannot fire their weapon unless they are fired 
upon. In other words, they've got to take a bullet before they can 
defend the border. And they operate under that environment because of 
the national security of our border.
  In this case, overreaching by the prosecutor; too heavy a sentence. 
He even said so later after the prosecution. And what this does is 
release these two individuals while the appeal goes on. It releases 
them from custody of our Federal Government. And it's the 
responsibility of Congress in further investigations to find out why 
our Western District of Texas is so relentless in prosecuting border 
protectors. And this is one way we can do something. We have that 
authority. We can cut the funds, and we ought to cut the funds that 
incarcerate these two individuals. We ought to pass this amendment in a 
bipartisan manner.
  Mr. KING of Iowa. Mr. Chairman, I'd say also there is a bill 
following this. If this doesn't do the job, I have a bill ready to 
introduce that grants them a new trial, a de novo review, and it 
removes the jurisdiction to the Northern District of Texas.
  We're going to find a solution this. We're going to stand up and 
defend Ramos and Compean. This sends the message. It might get the job 
done. I urge adoption.
  I yield back.
  Mr. GILCHREST. I move to strike the last word.
  The CHAIRMAN. The gentleman from Maryland is recognized for 5 
minutes.
  Mr. GILCHREST. Mr. Chairman, what I would like to do is have a 
colloquy with the gentleman from Texas (Mr. Poe) to inquire about some 
of the comments that have been made here tonight so I can better 
understand Congress's role in this particular judicial decision, court 
decision, conviction in Texas, just to give me a little comfort in 
trying to understand our role in this case and whether or not it is 
appropriate.
  Can the gentleman from Texas tell me, after the incident occurred 
with the border agents and the drug dealer, who brought that 
information to the U.S. attorney in the very beginning? Does anybody 
know that?
  Mr. POE. There's a disagreement over who brought that to them. We 
first heard that the Mexican Consulate brought it to someone working in 
the Federal Government. And then we also heard that another border 
agent brought it, so I don't know the answer to that question.
  Mr. GILCHREST. So that's not clear.
  Did the border agents supervisors, or do you have any idea who spoke, 
if there was, in fact, a grand jury, to determine whether or not there 
was enough evidence?
  Mr. POE. There was a grand jury investigation. I do not know who 
testified. The border supervisors were on the scene and were aware of 
the entire circumstances.
  No one knew that the drug dealer who disappeared back into Mexico had 
even been shot, and so they thought that the person was shot at and he 
disappeared. And the next thing they know, they are being questioned 
about 30 to 60 days later about the incident that occurred.
  Mr. GILCHREST. Under those circumstances, with the supervisors aware 
of the actions of the border agents, the defendant subsequently was 
found out to be wounded, under those circumstances, in a Federal court, 
did the prosecutor take into consideration those mitigating 
circumstances that border agents are often, and in your case, in the 
area where you represent, a very dangerous situation? This was a known 
drug smuggler. He had smuggled in $1 million worth of drugs. He had, 
apparently, a violent past.
  What sentencing guidelines did the prosecutor use to give these 
border agents 11 years and then 12 years?
  Mr. POE. The border agents were offered, if they pled guilty to the 
offense, 2 years incarceration. If they did not plead guilty and went 
to trial, the prosecutor added the section under our law, 924(c) 
section that required or would allow a mandatory additional 10 years 
incarceration because a weapon was used. That is subject to appeal as 
to whether that applies to peace officers or not. That was added. 
Therefore they received 11 and 12 years in the penitentiary after the 
trial and after sentencing because they would not plead guilty for a 
crime they didn't do.
  Mr. GILCHREST. Has there been an appeal filed on behalf of the 
defendants?
  Mr. POE. Yes. There has been an appeal. Both of these cases are on 
appeal, and they are in custody while these cases are on appeal.
  Mr. GILCHREST. And it is also under appeal to determine whether or 
not the sentencing guidelines that we passed in the House applied in 
this case?
  Mr. POE. The indictment on its face is being challenged because in 
the indictment it alleges the deadly weapon or the brandishing of a 
firearm, which requires an additional 10 years. That is also contested 
on appeal, whether it applies to peace officers or not.
  Mr. GILCHREST. Was it the intent of this Congress that that 
particular statute be applied to a peace officer or a

[[Page 20637]]

border agent in defense of the country, the border or his own life?
  Mr. POE. In my opinion, absolutely not. It applies to other cases 
where a firearm is used, such as in a robbery. It doesn't apply to 
border agents who are required to use and possess a firearm while they 
are on duty. And so it is not, in my opinion, the intent of Congress. 
And, of course, that will be litigated on appeal as well.
  Mr. GILCHREST. I thank the gentleman for answering the questions.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Poe).
  The amendment was agreed to.


                    Amendment Offered by Mrs. Drake

  Mrs. DRAKE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Drake:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act may 
     be used in contravention of section 642(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(a)).

  Mrs. DRAKE. Mr. Chairman, I introduced an amendment today that merely 
reinforces current Federal law and provides a penalty for jurisdictions 
that choose not to follow this law.
  My amendment would prohibit funds from being made available to States 
and localities that do not abide by section 642(a) of the Illegal 
Immigration Reform and Immigration Responsibility Act of 1996. Simply 
put, Congress will not distribute funds to any jurisdiction that is a 
sanctuary city.
  Mr. Chairman, I yield time to the gentleman from Florida (Mr. 
Weldon).
  Mr. WELDON of Florida. I thank the gentlelady for yielding, and I 
want to commend her on a very thoughtful amendment. As I understand it, 
the majority is going to be willing to accept it.
  I had two amendments that dealt with this very same issue that 
specifically dealt with the SCAAP program and the COPS program, denying 
funds to any of the sanctuary city or sanctuary community 
jurisdictions.
  As I understand it, her language covers both of those things, and I 
am going to be looking forward to working with the gentlelady in the 
years ahead to make sure that these sanctuary cities do not have access 
to these funds.
  Mrs. DRAKE. Mr. Chairman, I yield back.
  Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, we have no objection to this amendment. 
We're going to accept this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Virginia (Mrs. Drake).
  The amendment was agreed to.


                    Amendment Offered by Mrs. Capito

  Mrs. CAPITO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Capito:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act may 
     be used in contravention of section 402(e)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).

  Mrs. CAPITO. Mr. Chairman, I rise today to offer an amendment to help 
prevent aliens who lack authorization to work legally from taking 
Federal jobs.
  In the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, Congress responded to the problem of document verification when 
hiring folks by establishing three pilot programs for employment 
eligibility verification. Private employers in selected States could 
volunteer to participate in these programs.
  Under a program called the Basic Pilot Program, Social Security 
numbers and Alien Identification Numbers of new hires are checked 
against Social Security Administration and Department of Homeland 
Security records. This weeds out fraudulent numbers and assures that 
new hires are legally eligible to work.
  A 2001 report on the Basic Pilot Program found 96 percent of 
employers found it to be an effective tool.
  In 2003, Congress extended the Basic Pilot Program for another 5 
years and made it available to employers nationwide.
  The 1996 law stipulates that each department of the Federal 
Government must participate in the Basic Pilot Program. Incredibly, the 
Departments of Commerce, Justice and State, are currently not 
participating.
  My amendment basically says, because I hear from constituents all the 
time who are angry about those working who do not have legal 
verification. What message does it send when Federal agencies do not 
abide by the Federal laws?
  There's no excuse for having any illegal aliens taking Federal jobs. 
We have a Basic Pilot Program to stop this from happening. We have a 
law on the books that requires Federal agencies, including Commerce, 
Justice and State, to use it for employment verification.
  My amendment provides that no funds in this appropriation bill shall 
be spent in contravention of the Illegal Immigration Reform and 
Immigrant Responsibility Act.
  Mr. Chairman, I yield back the balance of my time.
  Mr. MOLLOHAN. I move to strike the last word.
  The CHAIRMAN. The gentleman from West Virginia is recognized for 5 
minutes.
  Mr. MOLLOHAN. Mr. Chairman, we are willing to accept the gentlelady's 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from West Virginia (Mrs. Capito).
  The amendment was agreed to.


                      Announcement by the Chairman

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed, in the following order:
  An amendment by Mrs. Capito of West Virginia.
  An amendment by Mr. Etheridge of North Carolina.
  Amendment No. 9 by Mr. Sessions of Texas.
  An amendment by Mr. Inslee of Washington.
  An amendment by Mr. Poe of Texas.
  An amendment by Mr. Reichert of Washington.
  An amendment by Mr. Hinchey of New York.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                    Amendment Offered by Mrs. Capito

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentlewoman from West Virginia 
(Mrs. Capito) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 243, 
noes 186, not voting 8, as follows:

                             [Roll No. 727]

                               AYES--243

     Aderholt
     Alexander
     Allen
     Altmire
     Arcuri
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Costa
     Costello
     Crenshaw
     Cuellar
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Donnelly

[[Page 20638]]


     Doolittle
     Drake
     Dreier
     Duncan
     Ellison
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green, Al
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Higgins
     Hobson
     Hodes
     Hoekstra
     Holden
     Hulshof
     Hunter
     Issa
     Jefferson
     Jindal
     Johnson (GA)
     Jones (NC)
     Jordan
     Keller
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Nadler
     Neugebauer
     Norton
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Royce
     Rush
     Sali
     Saxton
     Schmidt
     Scott (GA)
     Sensenbrenner
     Sessions
     Sestak
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Waters
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wynn
     Young (FL)

                               NOES--186

     Abercrombie
     Ackerman
     Akin
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boyd (FL)
     Brady (PA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Carter
     Castor
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Courtney
     Cramer
     Crowley
     Culberson
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Dicks
     Dingell
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Gonzalez
     Gordon
     Green, Gene
     Grijalva
     Harman
     Hastings (FL)
     Herseth Sandlin
     Hill
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Klein (FL)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Serrano
     Shadegg
     Shea-Porter
     Sherman
     Sires
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--8

     Clarke
     Cubin
     Cummings
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes remaining on the 
vote.

                              {time}  2228

  Ms. CORRINE BROWN of Florida, Mr. NEAL and Mr. McNULTY changed their 
vote from ``aye'' to ``no.''
  Messrs. HOBSON, LAMPSON, HALL of Texas, CAMP of Michigan, LOEBSACK, 
HIGGINS, ARCURI, TOM DAVIS of Virginia, KIND, DOGGETT, HERGER, POMEROY, 
DELAHUNT, SESTAK, COSTELLO, GUTIERREZ, DAVIS of Alabama, HARE, WYNN, 
JOHNSON of Georgia, ELLISON, MELANCON, AL GREEN of Texas, SHULER, 
NADLER, HODES, SCOTT of Georgia and RUSH, and Ms. GRANGER, Mrs. MALONEY 
of New York, Ms. WATERS and Ms. GIFFORDS changed their vote from ``no'' 
to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Etheridge

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from North Carolina (Mr. 
Etheridge) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 421, 
noes 2, not voting 14, as follows:

                             [Roll No. 728]

                               AYES--421

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)

[[Page 20639]]


     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--2

     Flake
     Moran (VA)
       

                             NOT VOTING--14

     Clarke
     Cubin
     Cummings
     Davis, Jo Ann
     Johnson, Sam
     Keller
     LaHood
     Marshall
     McCrery
     Michaud
     Rangel
     Ross
     Serrano
     Young (AK)
       


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 1 minute remains 
in this vote.

                              {time}  2232

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 9 Offered by Mr. Sessions

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Texas (Mr. 
Sessions) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 162, 
noes 267, not voting 8, as follows:

                             [Roll No. 729]

                               AYES--162

     Aderholt
     Akin
     Alexander
     Bachmann
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gillmor
     Gingrey
     Gohmert
     Goode
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     Lewis (CA)
     Linder
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCrery
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Pickering
     Pitts
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Young (FL)

                               NOES--267

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Ferguson
     Filner
     Frank (MA)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Goodlatte
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Platts
     Poe
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--8

     Clarke
     Cubin
     Cummings
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 45 seconds remain 
in this vote.

                              {time}  2237

  Mr. CONYERS changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Inslee

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Washington (Mr. 
Inslee) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.

[[Page 20640]]




                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 412, 
noes 18, not voting 7, as follows:

                             [Roll No. 730]

                               AYES--412

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hulshof
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--18

     Abercrombie
     Campbell (CA)
     Cannon
     Clay
     Frelinghuysen
     Hall (TX)
     Hastert
     Herger
     Hirono
     Hoyer
     Inglis (SC)
     Johnson, Sam
     Kingston
     Lewis (CA)
     Mollohan
     Rahall
     Ryan (OH)
     Shadegg

                             NOT VOTING--7

     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 1 minute remains 
in this vote.

                              {time}  2240

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                      Amendment Offered by Mr. Poe

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Texas (Mr. Poe) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 395, 
noes 34, not voting 8, as follows:

                             [Roll No. 731]

                               AYES--395

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Coble
     Cohen
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Hooley
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)

[[Page 20641]]


     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sali
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Walberg
     Walden (OR)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--34

     Becerra
     Butterfield
     Clay
     Cleaver
     Clyburn
     Conyers
     Dingell
     Frelinghuysen
     Grijalva
     Hastings (FL)
     Holt
     Honda
     Hoyer
     Jackson (IL)
     Jones (OH)
     Kilpatrick
     Kucinich
     Larsen (WA)
     Lee
     Lewis (CA)
     Lewis (GA)
     Mollohan
     Olver
     Rahall
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Smith (WA)
     Solis
     Stark
     Velazquez
     Visclosky
     Watt
     Woolsey

                             NOT VOTING--8

     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Walsh (NY)
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 1 minute remains 
in this vote.

                              {time}  2244

  Mr. FRANK of Massachusetts and Mr. DELAHUNT changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Reichert

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Washington (Mr. 
Reichert) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 405, 
noes 25, not voting 7, as follows:

                             [Roll No. 732]

                               AYES--405

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clay
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Hooley
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sali
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--25

     Becerra
     Cleaver
     Clyburn
     Filner
     Frank (MA)
     Frelinghuysen
     Gilchrest
     Hastings (FL)
     Honda
     Hoyer
     Jackson (IL)
     Jones (OH)
     Kilpatrick
     Kucinich
     Lee
     Lewis (CA)
     Lewis (GA)
     Mollohan
     Rahall
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Solis
     Stark
     Woolsey

                             NOT VOTING--7

     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 1 minute remains 
in the vote.

                              {time}  2248

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.

[[Page 20642]]




                    Amendment Offered by Mr. Hinchey

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from New York (Mr. 
Hinchey) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 165, 
noes 262, not voting 10, as follows:

                             [Roll No. 733]

                               AYES--165

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Bartlett (MD)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Broun (GA)
     Campbell (CA)
     Capps
     Capuano
     Carnahan
     Carson
     Christensen
     Clay
     Cleaver
     Cohen
     Conyers
     Courtney
     Crowley
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Doggett
     Doyle
     Ellison
     Emanuel
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Garrett (NJ)
     Giffords
     Gilchrest
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Hirono
     Hodes
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Langevin
     Lantos
     Larson (CT)
     LaTourette
     Lee
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Melancon
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Porter
     Price (NC)
     Rangel
     Rehberg
     Renzi
     Rodriguez
     Rohrabacher
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Solis
     Sutton
     Tancredo
     Tauscher
     Thompson (CA)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Walz (MN)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--262

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Baca
     Bachmann
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Cardoza
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Feeney
     Ferguson
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Gene
     Hall (NY)
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jefferson
     Jindal
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Larsen (WA)
     Latham
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Ortiz
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Reichert
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Ross
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Schmidt
     Schwartz
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tanner
     Taylor
     Terry
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Wasserman Schultz
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--10

     Bachus
     Boucher
     Clarke
     Cubin
     Davis, Jo Ann
     LaHood
     Marshall
     Michaud
     Stark
     Young (AK)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 1 minute remains 
on the vote.

                              {time}  2252

  Mr. GUTIERREZ changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. MOLLOHAN. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Altmire) having assumed the chair, Mr. Snyder, Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3093) 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes, had come to no resolution thereon.

                          ____________________




 CONFERENCE REPORT ON H.R. 1, IMPLEMENTING RECOMMENDATIONS OF THE 9/11 
                         COMMISSION ACT OF 2007

  Mr. THOMPSON of Mississippi submitted the following conference report 
and statement on the bill (H.R. 1) to provide for the implementation of 
the recommendations of the National Commission on Terrorist Attacks 
Upon the United States:

                  Conference Report (H. Rept. 110-259)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1), to provide for the implementation of the recommendation 
     of the National Commission on Terrorist Attacks Upon the 
     United States, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Implementing Recommendations of the 9/11 Commission Act of 
     2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                   TITLE I--HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform 
              Act of 2006.
Sec. 104. Technical and conforming amendments.

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

Sec. 301. Interoperable emergency communications grant program.

[[Page 20643]]

Sec. 302. Border interoperability demonstration project.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities 
              to strengthen incident command; private sector 
              preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure 
              workers.
Sec. 410. Authorization of appropriations.

  TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

     Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information 
              sharing.
Sec. 504. Information sharing.

     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional 
              Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

   Subtitle D--Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of 
              Infrastructure Protection.

              Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding 
              information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission 
              recommendations with respect to intelligence reform and 
              congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest 
              Declassification Board.
Sec. 605. Availability of the Executive Summary of the Report on 
              Central Intelligence Agency Accountability Regarding the 
              Terrorist Attacks of September 11, 2001.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

Sec. 701. Report on international collaboration to increase border 
              security, enhance global document security, and exchange 
              terrorist information.

                        Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

        Subtitle C--Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and 
              Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil 
              Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the 
              Department.

          TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the 
              National Infrastructure Protection Plan.

    TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear 
              and radiological weapons of mass destruction.
Sec. 1104. Integration of detection equipment and technologies.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or 
              suspicious behavior and response.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response 
              teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information 
              sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to 
              convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the 
              Department of Transportation.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Findings.
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public 
              transportation.
Sec. 1415. Limitation on fines and civil penalties.

               TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

Sec. 1501. Definitions.
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.

                     Subtitle B--Railroad Security

Sec. 1511. Railroad transportation security risk assessment and 
              national strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak 
              contracts.
Sec. 1528. Railroad preemption clarification.

          Subtitle C--Over-The-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant 
              program.

          Subtitle D--Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.

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Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.

                          TITLE XVI--AVIATION

Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger 
              prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or 
              prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening 
              checkpoints.
Sec. 1608. Research and development of aviation transportation security 
              technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit 
              lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

Sec. 1801. Findings.
Sec. 1802. Definitions.

 Subtitle A--Repeal and Modification of Limitations on Assistance for 
             Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for 
              prevention of weapons of mass destruction proliferation 
              and terrorism.

             Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and 
              authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.

  Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of 
              Mass Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of 
              Defense Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy 
              programs to prevent weapons of mass destruction 
              proliferation and terrorism.

Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention 
              of Weapons of Mass Destruction Proliferation and 
              Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and 
              coordination on the prevention of weapons of mass 
              destruction proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                      Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of 
              Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international 
              cooperation.
Sec. 1902. Transparency of funds.

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.
Sec. 2002. Definition.

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored 
              schools in predominantly Muslim Countries to provide 
              scholarships.

Subtitle B--Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and 
              library programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.

     Subtitle D--Strategy for the United States Relationship With 
                Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Statement of policy.
Sec. 2104. Definitions.

      Subtitle A--Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian 
              law.

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                               Democracy

Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the 
              Department of State.

     Subtitle D--Training in Democracy and Human Rights; Incentives

Sec. 2141. Training in democracy promotion and the protection of human 
              rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.

           Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.

          TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of 
              radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland 
              Security.

                   TITLE I--HOMELAND SECURITY GRANTS

     SEC. 101. HOMELAND SECURITY GRANT PROGRAM.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by adding at the end the following:

                  ``TITLE XX--HOMELAND SECURITY GRANTS

     ``SEC. 2001. DEFINITIONS.

       ``In this title, the following definitions shall apply:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) those committees of the House of Representatives that 
     the Speaker of the House of Representatives determines 
     appropriate.
       ``(3) Critical infrastructure sectors.--The term `critical 
     infrastructure sectors' means the

[[Page 20645]]

     following sectors, in both urban and rural areas:
       ``(A) Agriculture and food.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) Commercial facilities.
       ``(E) Commercial nuclear reactors, materials, and waste.
       ``(F) Dams.
       ``(G) The defense industrial base.
       ``(H) Emergency services.
       ``(I) Energy.
       ``(J) Government facilities.
       ``(K) Information technology.
       ``(L) National monuments and icons.
       ``(M) Postal and shipping.
       ``(N) Public health and health care.
       ``(O) Telecommunications.
       ``(P) Transportation systems.
       ``(Q) Water.
       ``(4) Directly eligible tribe.--The term `directly eligible 
     tribe' means--
       ``(A) any Indian tribe--
       ``(i) that is located in the continental United States;
       ``(ii) that operates a law enforcement or emergency 
     response agency with the capacity to respond to calls for law 
     enforcement or emergency services;
       ``(iii)(I) that is located on or near an international 
     border or a coastline bordering an ocean (including the Gulf 
     of Mexico) or international waters;
       ``(II) that is located within 10 miles of a system or asset 
     included on the prioritized critical infrastructure list 
     established under section 210E(a)(2) or has such a system or 
     asset within its territory;
       ``(III) that is located within or contiguous to 1 of the 50 
     most populous metropolitan statistical areas in the United 
     States; or
       ``(IV) the jurisdiction of which includes not less than 
     1,000 square miles of Indian country, as that term is defined 
     in section 1151 of title 18, United States Code; and
       ``(iv) that certifies to the Secretary that a State has not 
     provided funds under section 2003 or 2004 to the Indian tribe 
     or consortium of Indian tribes for the purpose for which 
     direct funding is sought; and
       ``(B) a consortium of Indian tribes, if each tribe 
     satisfies the requirements of subparagraph (A).
       ``(5) Eligible metropolitan area.--The term `eligible 
     metropolitan area' means any of the 100 most populous 
     metropolitan statistical areas in the United States.
       ``(6) High-risk urban area.--The term `high-risk urban 
     area' means a high-risk urban area designated under section 
     2003(b)(3)(A).
       ``(7) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination Act (25 U.S.C. 450b(e)).
       ``(8) Metropolitan statistical area.--The term 
     `metropolitan statistical area' means a metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget.
       ``(9) National special security event.--The term `National 
     Special Security Event' means a designated event that, by 
     virtue of its political, economic, social, or religious 
     significance, may be the target of terrorism or other 
     criminal activity.
       ``(10) Population.--The term `population' means population 
     according to the most recent United States census population 
     estimates available at the start of the relevant fiscal year.
       ``(11) Population density.--The term `population density' 
     means population divided by land area in square miles.
       ``(12) Qualified intelligence analyst.--The term `qualified 
     intelligence analyst' means an intelligence analyst (as that 
     term is defined in section 210A(j)), including law 
     enforcement personnel--
       ``(A) who has successfully completed training to ensure 
     baseline proficiency in intelligence analysis and production, 
     as determined by the Secretary, which may include training 
     using a curriculum developed under section 209; or
       ``(B) whose experience ensures baseline proficiency in 
     intelligence analysis and production equivalent to the 
     training required under subparagraph (A), as determined by 
     the Secretary.
       ``(13) Target capabilities.--The term `target capabilities' 
     means the target capabilities for Federal, State, local, and 
     tribal government preparedness for which guidelines are 
     required to be established under section 646(a) of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     746(a)).
       ``(14) Tribal government.--The term `tribal government' 
     means the government of an Indian tribe.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

     ``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

       ``(a) Grants Authorized.--The Secretary, through the 
     Administrator, may award grants under sections 2003 and 2004 
     to State, local, and tribal governments.
       ``(b) Programs Not Affected.--This subtitle shall not be 
     construed to affect any of the following Federal programs:
       ``(1) Firefighter and other assistance programs authorized 
     under the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.).
       ``(2) Grants authorized under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.).
       ``(3) Emergency Management Performance Grants under the 
     amendments made by title II of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007.
       ``(4) Grants to protect critical infrastructure, including 
     port security grants authorized under section 70107 of title 
     46, United States Code, and the grants authorized under title 
     XIV, XV, and XVI of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 and the amendments made by such 
     titles.
       ``(5) The Metropolitan Medical Response System authorized 
     under section 635 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 723).
       ``(6) The Interoperable Emergency Communications Grant 
     Program authorized under title XVIII.
       ``(7) Grant programs other than those administered by the 
     Department.
       ``(c) Relationship to Other Laws.--
       ``(1) In general.--The grant programs authorized under 
     sections 2003 and 2004 shall supercede all grant programs 
     authorized under section 1014 of the USA PATRIOT Act (42 
     U.S.C. 3714).
       ``(2) Allocation.--The allocation of grants authorized 
     under section 2003 or 2004 shall be governed by the terms of 
     this subtitle and not by any other provision of law.

     ``SEC. 2003. URBAN AREA SECURITY INITIATIVE.

       ``(a) Establishment.--There is established an Urban Area 
     Security Initiative to provide grants to assist high-risk 
     urban areas in preventing, preparing for, protecting against, 
     and responding to acts of terrorism.
       ``(b) Assessment and Designation of High-Risk Urban 
     Areas.--
       ``(1) In general.--The Administrator shall designate high-
     risk urban areas to receive grants under this section based 
     on procedures under this subsection.
       ``(2) Initial assessment.--
       ``(A) In general.--For each fiscal year, the Administrator 
     shall conduct an initial assessment of the relative threat, 
     vulnerability, and consequences from acts of terrorism faced 
     by each eligible metropolitan area, including consideration 
     of--
       ``(i) the factors set forth in subparagraphs (A) through 
     (H) and (K) of section 2007(a)(1); and
       ``(ii) information and materials submitted under 
     subparagraph (B).
       ``(B) Submission of information by eligible metropolitan 
     areas.--Prior to conducting each initial assessment under 
     subparagraph (A), the Administrator shall provide each 
     eligible metropolitan area with, and shall notify each 
     eligible metropolitan area of, the opportunity to--
       ``(i) submit information that the eligible metropolitan 
     area believes to be relevant to the determination of the 
     threat, vulnerability, and consequences it faces from acts of 
     terrorism; and
       ``(ii) review the risk assessment conducted by the 
     Department of that eligible metropolitan area, including the 
     bases for the assessment by the Department of the threat, 
     vulnerability, and consequences from acts of terrorism faced 
     by that eligible metropolitan area, and remedy erroneous or 
     incomplete information.
       ``(3) Designation of high-risk urban areas.--
       ``(A) Designation.--
       ``(i) In general.--For each fiscal year, after conducting 
     the initial assessment under paragraph (2), and based on that 
     assessment, the Administrator shall designate high-risk urban 
     areas that may submit applications for grants under this 
     section.
       ``(ii) Additional areas.--Notwithstanding paragraph (2), 
     the Administrator may--

       ``(I) in any case where an eligible metropolitan area 
     consists of more than 1 metropolitan division (as that term 
     is defined by the Office of Management and Budget) designate 
     more than 1 high-risk urban area within a single eligible 
     metropolitan area; and
       ``(II) designate an area that is not an eligible 
     metropolitan area as a high-risk urban area based on the 
     assessment by the Administrator of the relative threat, 
     vulnerability, and consequences from acts of terrorism faced 
     by the area.

       ``(iii) Rule of construction.--Nothing in this subsection 
     may be construed to require the Administrator to--

       ``(I) designate all eligible metropolitan areas that submit 
     information to the Administrator under paragraph (2)(B)(i) as 
     high-risk urban areas; or
       ``(II) designate all areas within an eligible metropolitan 
     area as part of the high-risk urban area.

       ``(B) Jurisdictions included in high-risk urban areas.--
       ``(i) In general.--In designating high-risk urban areas 
     under subparagraph (A), the Administrator shall determine 
     which jurisdictions, at a minimum, shall be included in each 
     high-risk urban area.
       ``(ii) Additional jurisdictions.--A high-risk urban area 
     designated by the Administrator may, in consultation with the 
     State or States in which such high-risk urban area is 
     located, add additional jurisdictions to the high-risk urban 
     area.
       ``(c) Application.--
       ``(1) In general.--An area designated as a high-risk urban 
     area under subsection (b) may apply for a grant under this 
     section.
       ``(2) Minimum contents of application.--In an application 
     for a grant under this section, a high-risk urban area shall 
     submit--
       ``(A) a plan describing the proposed division of 
     responsibilities and distribution of funding among the local 
     and tribal governments in the high-risk urban area;
       ``(B) the name of an individual to serve as a high-risk 
     urban area liaison with the Department and among the various 
     jurisdictions in the high-risk urban area; and

[[Page 20646]]

       ``(C) such information in support of the application as the 
     Administrator may reasonably require.
       ``(3) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis.
       ``(4) State review and transmission.--
       ``(A) In general.--To ensure consistency with State 
     homeland security plans, a high-risk urban area applying for 
     a grant under this section shall submit its application to 
     each State within which any part of that high-risk urban area 
     is located for review before submission of such application 
     to the Department.
       ``(B) Deadline.--Not later than 30 days after receiving an 
     application from a high-risk urban area under subparagraph 
     (A), a State shall transmit the application to the 
     Department.
       ``(C) Opportunity for state comment.--If the Governor of a 
     State determines that an application of a high-risk urban 
     area is inconsistent with the State homeland security plan of 
     that State, or otherwise does not support the application, 
     the Governor shall--
       ``(i) notify the Administrator, in writing, of that fact; 
     and
       ``(ii) provide an explanation of the reason for not 
     supporting the application at the time of transmission of the 
     application.
       ``(5) Opportunity to amend.--In considering applications 
     for grants under this section, the Administrator shall 
     provide applicants with a reasonable opportunity to correct 
     defects in the application, if any, before making final 
     awards.
       ``(d) Distribution of Awards.--
       ``(1) In general.--If the Administrator approves the 
     application of a high-risk urban area for a grant under this 
     section, the Administrator shall distribute the grant funds 
     to the State or States in which that high-risk urban area is 
     located.
       ``(2) State distribution of funds.--
       ``(A) In general.--Not later than 45 days after the date 
     that a State receives grant funds under paragraph (1), that 
     State shall provide the high-risk urban area awarded that 
     grant not less than 80 percent of the grant funds. Any funds 
     retained by a State shall be expended on items, services, or 
     activities that benefit the high-risk urban area.
       ``(B) Funds retained.--A State shall provide each relevant 
     high-risk urban area with an accounting of the items, 
     services, or activities on which any funds retained by the 
     State under subparagraph (A) were expended.
       ``(3) Interstate urban areas.--If parts of a high-risk 
     urban area awarded a grant under this section are located in 
     2 or more States, the Administrator shall distribute to each 
     such State--
       ``(A) a portion of the grant funds in accordance with the 
     proposed distribution set forth in the application; or
       ``(B) if no agreement on distribution has been reached, a 
     portion of the grant funds determined by the Administrator to 
     be appropriate.
       ``(4) Certifications regarding distribution of grant funds 
     to high-risk urban areas.--A State that receives grant funds 
     under paragraph (1) shall certify to the Administrator that 
     the State has made available to the applicable high-risk 
     urban area the required funds under paragraph (2).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) $850,000,000 for fiscal year 2008;
       ``(2) $950,000,000 for fiscal year 2009;
       ``(3) $1,050,000,000 for fiscal year 2010;
       ``(4) $1,150,000,000 for fiscal year 2011;
       ``(5) $1,300,000,000 for fiscal year 2012; and
       ``(6) such sums as are necessary for fiscal year 2013, and 
     each fiscal year thereafter.

     ``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

       ``(a) Establishment.--There is established a State Homeland 
     Security Grant Program to assist State, local, and tribal 
     governments in preventing, preparing for, protecting against, 
     and responding to acts of terrorism.
       ``(b) Application.--
       ``(1) In general.--Each State may apply for a grant under 
     this section, and shall submit such information in support of 
     the application as the Administrator may reasonably require.
       ``(2) Minimum contents of application.--The Administrator 
     shall require that each State include in its application, at 
     a minimum--
       ``(A) the purpose for which the State seeks grant funds and 
     the reasons why the State needs the grant to meet the target 
     capabilities of that State;
       ``(B) a description of how the State plans to allocate the 
     grant funds to local governments and Indian tribes; and
       ``(C) a budget showing how the State intends to expend the 
     grant funds.
       ``(3) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis.
       ``(c) Distribution to Local and Tribal Governments.--
       ``(1) In general.--Not later than 45 days after receiving 
     grant funds, any State receiving a grant under this section 
     shall make available to local and tribal governments, 
     consistent with the applicable State homeland security plan--
       ``(A) not less than 80 percent of the grant funds;
       ``(B) with the consent of local and tribal governments, 
     items, services, or activities having a value of not less 
     than 80 percent of the amount of the grant; or
       ``(C) with the consent of local and tribal governments, 
     grant funds combined with other items, services, or 
     activities having a total value of not less than 80 percent 
     of the amount of the grant.
       ``(2) Certifications regarding distribution of grant funds 
     to local governments.--A State shall certify to the 
     Administrator that the State has made the distribution to 
     local and tribal governments required under paragraph (1).
       ``(3) Extension of period.--The Governor of a State may 
     request in writing that the Administrator extend the period 
     under paragraph (1) for an additional period of time. The 
     Administrator may approve such a request if the Administrator 
     determines that the resulting delay in providing grant 
     funding to the local and tribal governments is necessary to 
     promote effective investments to prevent, prepare for, 
     protect against, or respond to acts of terrorism.
       ``(4) Exception.--Paragraph (1) shall not apply to the 
     District of Columbia, the Commonwealth of Puerto Rico, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, Guam, or the Virgin Islands.
       ``(5) Direct funding.--If a State fails to make the 
     distribution to local or tribal governments required under 
     paragraph (1) in a timely fashion, a local or tribal 
     government entitled to receive such distribution may petition 
     the Administrator to request that grant funds be provided 
     directly to the local or tribal government.
       ``(d) Multistate Applications.--
       ``(1) In general.--Instead of, or in addition to, any 
     application for a grant under subsection (b), 2 or more 
     States may submit an application for a grant under this 
     section in support of multistate efforts to prevent, prepare 
     for, protect against, and respond to acts of terrorism.
       ``(2) Administration of grant.--If a group of States 
     applies for a grant under this section, such States shall 
     submit to the Administrator at the time of application a plan 
     describing--
       ``(A) the division of responsibilities for administering 
     the grant; and
       ``(B) the distribution of funding among the States that are 
     parties to the application.
       ``(e) Minimum Allocation.--
       ``(1) In general.--In allocating funds under this section, 
     the Administrator shall ensure that--
       ``(A) except as provided in subparagraph (B), each State 
     receives, from the funds appropriated for the State Homeland 
     Security Grant Program established under this section, not 
     less than an amount equal to--
       ``(i) 0.375 percent of the total funds appropriated for 
     grants under this section and section 2003 in fiscal year 
     2008;
       ``(ii) 0.365 percent of the total funds appropriated for 
     grants under this section and section 2003 in fiscal year 
     2009;
       ``(iii) 0.36 percent of the total funds appropriated for 
     grants under this section and section 2003 in fiscal year 
     2010;
       ``(iv) 0.355 percent of the total funds appropriated for 
     grants under this section and section 2003 in fiscal year 
     2011; and
       ``(v) 0.35 percent of the total funds appropriated for 
     grants under this section and section 2003 in fiscal year 
     2012 and in each fiscal year thereafter; and
       ``(B) for each fiscal year, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, Guam, and the 
     Virgin Islands each receive, from the funds appropriated for 
     the State Homeland Security Grant Program established under 
     this section, not less than an amount equal to 0.08 percent 
     of the total funds appropriated for grants under this section 
     and section 2003.
       ``(2) Effect of multistate award on state minimum.--Any 
     portion of a multistate award provided to a State under 
     subsection (d) shall be considered in calculating the minimum 
     State allocation under this subsection.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) $950,000,000 for each of fiscal years 2008 through 
     2012; and
       ``(2) such sums as are necessary for fiscal year 2013, and 
     each fiscal year thereafter.

     ``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

       ``(a) In General.--Notwithstanding section 2004(b), the 
     Administrator may award grants to directly eligible tribes 
     under section 2004.
       ``(b) Tribal Applications.--A directly eligible tribe may 
     apply for a grant under section 2004 by submitting an 
     application to the Administrator that includes, as 
     appropriate, the information required for an application by a 
     State under section 2004(b).
       ``(c) Consistency With State Plans.--
       ``(1) In general.--To ensure consistency with any 
     applicable State homeland security plan, a directly eligible 
     tribe applying for a grant under section 2004 shall provide a 
     copy of its application to each State within which any part 
     of the tribe is located for review before the tribe submits 
     such application to the Department.
       ``(2) Opportunity for comment.--If the Governor of a State 
     determines that the application of a directly eligible tribe 
     is inconsistent with the State homeland security plan of that 
     State, or otherwise does not support the application, not 
     later than 30 days after the date of receipt of that 
     application the Governor shall--
       ``(A) notify the Administrator, in writing, of that fact; 
     and
       ``(B) provide an explanation of the reason for not 
     supporting the application.
       ``(d) Final Authority.--The Administrator shall have final 
     authority to approve any application of a directly eligible 
     tribe. The Administrator shall notify each State within the 
     boundaries of which any part of a directly eligible tribe is 
     located of the approval of an application by the tribe.
       ``(e) Prioritization.--The Administrator shall allocate 
     funds to directly eligible tribes in

[[Page 20647]]

     accordance with the factors applicable to allocating funds 
     among States under section 2007.
       ``(f) Distribution of Awards to Directly Eligible Tribes.--
     If the Administrator awards funds to a directly eligible 
     tribe under this section, the Administrator shall distribute 
     the grant funds directly to the tribe and not through any 
     State.
       ``(g) Minimum Allocation.--
       ``(1) In general.--In allocating funds under this section, 
     the Administrator shall ensure that, for each fiscal year, 
     directly eligible tribes collectively receive, from the funds 
     appropriated for the State Homeland Security Grant Program 
     established under section 2004, not less than an amount equal 
     to 0.1 percent of the total funds appropriated for grants 
     under sections 2003 and 2004.
       ``(2) Exception.--This subsection shall not apply in any 
     fiscal year in which the Administrator--
       ``(A) receives fewer than 5 applications under this 
     section; or
       ``(B) does not approve at least 2 applications under this 
     section.
       ``(h) Tribal Liaison.--A directly eligible tribe applying 
     for a grant under section 2004 shall designate an individual 
     to serve as a tribal liaison with the Department and other 
     Federal, State, local, and regional government officials 
     concerning preventing, preparing for, protecting against, and 
     responding to acts of terrorism.
       ``(i) Eligibility for Other Funds.--A directly eligible 
     tribe that receives a grant under section 2004 may receive 
     funds for other purposes under a grant from the State or 
     States within the boundaries of which any part of such tribe 
     is located and from any high-risk urban area of which it is a 
     part, consistent with the homeland security plan of the State 
     or high-risk urban area.
       ``(j) State Obligations.--
       ``(1) In general.--States shall be responsible for 
     allocating grant funds received under section 2004 to tribal 
     governments in order to help those tribal communities achieve 
     target capabilities not achieved through grants to directly 
     eligible tribes.
       ``(2) Distribution of grant funds.--With respect to a grant 
     to a State under section 2004, an Indian tribe shall be 
     eligible for funding directly from that State, and shall not 
     be required to seek funding from any local government.
       ``(3) Imposition of requirements.--A State may not impose 
     unreasonable or unduly burdensome requirements on an Indian 
     tribe as a condition of providing the Indian tribe with grant 
     funds or resources under section 2004.
       ``(k) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority of an Indian tribe that 
     receives funds under this subtitle.

     ``SEC. 2006. TERRORISM PREVENTION.

       ``(a) Law Enforcement Terrorism Prevention Program.--
       ``(1) In general.--The Administrator shall ensure that not 
     less than 25 percent of the total combined funds appropriated 
     for grants under sections 2003 and 2004 is used for law 
     enforcement terrorism prevention activities.
       ``(2) Law enforcement terrorism prevention activities.--Law 
     enforcement terrorism prevention activities include--
       ``(A) information sharing and analysis;
       ``(B) target hardening;
       ``(C) threat recognition;
       ``(D) terrorist interdiction;
       ``(E) overtime expenses consistent with a State homeland 
     security plan, including for the provision of enhanced law 
     enforcement operations in support of Federal agencies, 
     including for increased border security and border crossing 
     enforcement;
       ``(F) establishing, enhancing, and staffing with 
     appropriately qualified personnel State, local, and regional 
     fusion centers that comply with the guidelines established 
     under section 210A(i);
       ``(G) paying salaries and benefits for personnel, including 
     individuals employed by the grant recipient on the date of 
     the relevant grant application, to serve as qualified 
     intelligence analysts;
       ``(H) any other activity permitted under the Fiscal Year 
     2007 Program Guidance of the Department for the Law 
     Enforcement Terrorism Prevention Program; and
       ``(I) any other terrorism prevention activity authorized by 
     the Administrator.
       ``(3) Participation of underrepresented communities in 
     fusion centers.--The Administrator shall ensure that grant 
     funds described in paragraph (1) are used to support the 
     participation, as appropriate, of law enforcement and other 
     emergency response providers from rural and other 
     underrepresented communities at risk from acts of terrorism 
     in fusion centers.
       ``(b) Office for State and Local Law Enforcement.--
       ``(1) Establishment.--There is established in the Policy 
     Directorate of the Department an Office for State and Local 
     Law Enforcement, which shall be headed by an Assistant 
     Secretary for State and Local Law Enforcement.
       ``(2) Qualifications.--The Assistant Secretary for State 
     and Local Law Enforcement shall have an appropriate 
     background with experience in law enforcement, intelligence, 
     and other counterterrorism functions.
       ``(3) Assignment of personnel.--The Secretary shall assign 
     to the Office for State and Local Law Enforcement permanent 
     staff and, as appropriate and consistent with sections 
     506(c)(2), 821, and 888(d), other appropriate personnel 
     detailed from other components of the Department to carry out 
     the responsibilities under this subsection.
       ``(4) Responsibilities.--The Assistant Secretary for State 
     and Local Law Enforcement shall--
       ``(A) lead the coordination of Department-wide policies 
     relating to the role of State and local law enforcement in 
     preventing, preparing for, protecting against, and responding 
     to natural disasters, acts of terrorism, and other man-made 
     disasters within the United States;
       ``(B) serve as a liaison between State, local, and tribal 
     law enforcement agencies and the Department;
       ``(C) coordinate with the Office of Intelligence and 
     Analysis to ensure the intelligence and information sharing 
     requirements of State, local, and tribal law enforcement 
     agencies are being addressed;
       ``(D) work with the Administrator to ensure that law 
     enforcement and terrorism-focused grants to State, local, and 
     tribal government agencies, including grants under sections 
     2003 and 2004, the Commercial Equipment Direct Assistance 
     Program, and other grants administered by the Department to 
     support fusion centers and law enforcement-oriented programs, 
     are appropriately focused on terrorism prevention activities;
       ``(E) coordinate with the Science and Technology 
     Directorate, the Federal Emergency Management Agency, the 
     Department of Justice, the National Institute of Justice, law 
     enforcement organizations, and other appropriate entities to 
     support the development, promulgation, and updating, as 
     necessary, of national voluntary consensus standards for 
     training and personal protective equipment to be used in a 
     tactical environment by law enforcement officers; and
       ``(F) conduct, jointly with the Administrator, a study to 
     determine the efficacy and feasibility of establishing 
     specialized law enforcement deployment teams to assist State, 
     local, and tribal governments in responding to natural 
     disasters, acts of terrorism, or other man-made disasters and 
     report on the results of that study to the appropriate 
     committees of Congress.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to diminish, supercede, or replace the 
     responsibilities, authorities, or role of the Administrator.

     ``SEC. 2007. PRIORITIZATION.

       ``(a) In General.--In allocating funds among States and 
     high-risk urban areas applying for grants under section 2003 
     or 2004, the Administrator shall consider, for each State or 
     high-risk urban area--
       ``(1) its relative threat, vulnerability, and consequences 
     from acts of terrorism, including consideration of--
       ``(A) its population, including appropriate consideration 
     of military, tourist, and commuter populations;
       ``(B) its population density;
       ``(C) its history of threats, including whether it has been 
     the target of a prior act of terrorism;
       ``(D) its degree of threat, vulnerability, and consequences 
     related to critical infrastructure (for all critical 
     infrastructure sectors) or key resources identified by the 
     Administrator or the State homeland security plan, including 
     threats, vulnerabilities, and consequences related to 
     critical infrastructure or key resources in nearby 
     jurisdictions;
       ``(E) the most current threat assessments available to the 
     Department;
       ``(F) whether the State has, or the high-risk urban area is 
     located at or near, an international border;
       ``(G) whether it has a coastline bordering an ocean 
     (including the Gulf of Mexico) or international waters;
       ``(H) its likely need to respond to acts of terrorism 
     occurring in nearby jurisdictions;
       ``(I) the extent to which it has unmet target capabilities;
       ``(J) in the case of a high-risk urban area, the extent to 
     which that high-risk urban area includes--
       ``(i) those incorporated municipalities, counties, 
     parishes, and Indian tribes within the relevant eligible 
     metropolitan area, the inclusion of which will enhance 
     regional efforts to prevent, prepare for, protect against, 
     and respond to acts of terrorism; and
       ``(ii) other local and tribal governments in the 
     surrounding area that are likely to be called upon to respond 
     to acts of terrorism within the high-risk urban area; and
       ``(K) such other factors as are specified in writing by the 
     Administrator; and
       ``(2) the anticipated effectiveness of the proposed use of 
     the grant by the State or high-risk urban area in increasing 
     the ability of that State or high-risk urban area to prevent, 
     prepare for, protect against, and respond to acts of 
     terrorism, to meet its target capabilities, and to otherwise 
     reduce the overall risk to the high-risk urban area, the 
     State, or the Nation.
       ``(b) Types of Threat.--In assessing threat under this 
     section, the Administrator shall consider the following types 
     of threat to critical infrastructure sectors and to 
     populations in all areas of the United States, urban and 
     rural:
       ``(1) Biological.
       ``(2) Chemical.
       ``(3) Cyber.
       ``(4) Explosives.
       ``(5) Incendiary.
       ``(6) Nuclear.
       ``(7) Radiological.
       ``(8) Suicide bombers.
       ``(9) Such other types of threat determined relevant by the 
     Administrator.

     ``SEC. 2008. USE OF FUNDS.

       ``(a) Permitted Uses.--Grants awarded under section 2003 or 
     2004 may be used to

[[Page 20648]]

     achieve target capabilities related to preventing, preparing 
     for, protecting against, and responding to acts of terrorism, 
     consistent with a State homeland security plan and relevant 
     local, tribal, and regional homeland security plans, 
     through--
       ``(1) developing and enhancing homeland security, emergency 
     management, or other relevant plans, assessments, or mutual 
     aid agreements;
       ``(2) designing, conducting, and evaluating training and 
     exercises, including training and exercises conducted under 
     section 512 of this Act and section 648 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748);
       ``(3) protecting a system or asset included on the 
     prioritized critical infrastructure list established under 
     section 210E(a)(2);
       ``(4) purchasing, upgrading, storing, or maintaining 
     equipment, including computer hardware and software;
       ``(5) ensuring operability and achieving interoperability 
     of emergency communications;
       ``(6) responding to an increase in the threat level under 
     the Homeland Security Advisory System, or to the needs 
     resulting from a National Special Security Event;
       ``(7) establishing, enhancing, and staffing with 
     appropriately qualified personnel State, local, and regional 
     fusion centers that comply with the guidelines established 
     under section 210A(i);
       ``(8) enhancing school preparedness;
       ``(9) supporting public safety answering points;
       ``(10) paying salaries and benefits for personnel, 
     including individuals employed by the grant recipient on the 
     date of the relevant grant application, to serve as qualified 
     intelligence analysts;
       ``(11) paying expenses directly related to administration 
     of the grant, except that such expenses may not exceed 3 
     percent of the amount of the grant;
       ``(12) any activity permitted under the Fiscal Year 2007 
     Program Guidance of the Department for the State Homeland 
     Security Grant Program, the Urban Area Security Initiative 
     (including activities permitted under the full-time 
     counterterrorism staffing pilot), or the Law Enforcement 
     Terrorism Prevention Program; and
       ``(13) any other appropriate activity, as determined by the 
     Administrator.
       ``(b) Limitations on Use of Funds.--
       ``(1) In general.--Funds provided under section 2003 or 
     2004 may not be used--
       ``(A) to supplant State or local funds, except that nothing 
     in this paragraph shall prohibit the use of grant funds 
     provided to a State or high-risk urban area for otherwise 
     permissible uses under subsection (a) on the basis that a 
     State or high-risk urban area has previously used State or 
     local funds to support the same or similar uses; or
       ``(B) for any State or local government cost-sharing 
     contribution.
       ``(2) Personnel.--
       ``(A) In general.--Not more than 50 percent of the amount 
     awarded to a grant recipient under section 2003 or 2004 in 
     any fiscal year may be used to pay for personnel, including 
     overtime and backfill costs, in support of the permitted uses 
     under subsection (a).
       ``(B) Waiver.--At the request of the recipient of a grant 
     under section 2003 or 2004, the Administrator may grant a 
     waiver of the limitation under subparagraph (A).
       ``(3) Construction.--
       ``(A) In general.--A grant awarded under section 2003 or 
     2004 may not be used to acquire land or to construct 
     buildings or other physical facilities.
       ``(B) Exceptions.--
       ``(i) In general.--Notwithstanding subparagraph (A), 
     nothing in this paragraph shall prohibit the use of a grant 
     awarded under section 2003 or 2004 to achieve target 
     capabilities related to preventing, preparing for, protecting 
     against, or responding to acts of terrorism, including 
     through the alteration or remodeling of existing buildings 
     for the purpose of making such buildings secure against acts 
     of terrorism.
       ``(ii) Requirements for exception.--No grant awarded under 
     section 2003 or 2004 may be used for a purpose described in 
     clause (i) unless--

       ``(I) specifically approved by the Administrator;
       ``(II) any construction work occurs under terms and 
     conditions consistent with the requirements under section 
     611(j)(9) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5196(j)(9)); and
       ``(III) the amount allocated for purposes under clause (i) 
     does not exceed the greater of $1,000,000 or 15 percent of 
     the grant award.

       ``(4) Recreation.--Grants awarded under this subtitle may 
     not be used for recreational or social purposes.
       ``(c) Multiple-Purpose Funds.--Nothing in this subtitle 
     shall be construed to prohibit State, local, or tribal 
     governments from using grant funds under sections 2003 and 
     2004 in a manner that enhances preparedness for disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving target capabilities related to 
     preventing, preparing for, protecting against, or responding 
     to acts of terrorism.
       ``(d) Reimbursement of Costs.--
       ``(1) Paid-on-call or volunteer reimbursement.--In addition 
     to the activities described in subsection (a), a grant under 
     section 2003 or 2004 may be used to provide a reasonable 
     stipend to paid-on-call or volunteer emergency response 
     providers who are not otherwise compensated for travel to or 
     participation in training or exercises related to the 
     purposes of this subtitle. Any such reimbursement shall not 
     be considered compensation for purposes of rendering an 
     emergency response provider an employee under the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.).
       ``(2) Performance of federal duty.--An applicant for a 
     grant under section 2003 or 2004 may petition the 
     Administrator to use the funds from its grants under those 
     sections for the reimbursement of the cost of any activity 
     relating to preventing, preparing for, protecting against, or 
     responding to acts of terrorism that is a Federal duty and 
     usually performed by a Federal agency, and that is being 
     performed by a State or local government under agreement with 
     a Federal agency.
       ``(e) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a grant under 
     section 2003 or 2004, the Administrator may authorize the 
     grant recipient to transfer all or part of the grant funds 
     from uses specified in the grant agreement to other uses 
     authorized under this section, if the Administrator 
     determines that such transfer is in the interests of homeland 
     security.
       ``(f) Equipment Standards.--If an applicant for a grant 
     under section 2003 or 2004 proposes to upgrade or purchase, 
     with assistance provided under that grant, new equipment or 
     systems that do not meet or exceed any applicable national 
     voluntary consensus standards developed under section 647 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 747), the applicant shall include in its application 
     an explanation of why such equipment or systems will serve 
     the needs of the applicant better than equipment or systems 
     that meet or exceed such standards.

                  ``Subtitle B--Grants Administration

     ``SEC. 2021. ADMINISTRATION AND COORDINATION.

       ``(a) Regional Coordination.--The Administrator shall 
     ensure that--
       ``(1) all recipients of grants administered by the 
     Department to prevent, prepare for, protect against, or 
     respond to natural disasters, acts of terrorism, or other 
     man-made disasters (excluding assistance provided under 
     section 203, title IV, or title V of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 
     5170 et seq., and 5191 et seq.)) coordinate, as appropriate, 
     their prevention, preparedness, and protection efforts with 
     neighboring State, local, and tribal governments; and
       ``(2) all high-risk urban areas and other recipients of 
     grants administered by the Department to prevent, prepare 
     for, protect against, or respond to natural disasters, acts 
     of terrorism, or other man-made disasters (excluding 
     assistance provided under section 203, title IV, or title V 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et 
     seq.)) that include or substantially affect parts or all of 
     more than 1 State coordinate, as appropriate, across State 
     boundaries, including, where appropriate, through the use of 
     regional working groups and requirements for regional plans.
       ``(b) Planning Committees.--
       ``(1) In general.--Any State or high-risk urban area 
     receiving a grant under section 2003 or 2004 shall establish 
     a planning committee to assist in preparation and revision of 
     the State, regional, or local homeland security plan and to 
     assist in determining effective funding priorities for grants 
     under sections 2003 and 2004.
       ``(2) Composition.--
       ``(A) In general.--The planning committee shall include 
     representatives of significant stakeholders, including--
       ``(i) local and tribal government officials; and
       ``(ii) emergency response providers, which shall include 
     representatives of the fire service, law enforcement, 
     emergency medical response, and emergency managers.
       ``(B) Geographic representation.--The members of the 
     planning committee shall be a representative group of 
     individuals from the counties, cities, towns, and Indian 
     tribes within the State or high-risk urban area, including, 
     as appropriate, representatives of rural, high-population, 
     and high-threat jurisdictions.
       ``(3) Existing planning committees.--Nothing in this 
     subsection may be construed to require that any State or 
     high-risk urban area create a planning committee if that 
     State or high-risk urban area has established and uses a 
     multijurisdictional planning committee or commission that 
     meets the requirements of this subsection.
       ``(c) Interagency Coordination.--
       ``(1) In general.--Not later than 12 months after the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Secretary (acting through the 
     Administrator), the Attorney General, the Secretary of Health 
     and Human Services, and the heads of other agencies providing 
     assistance to State, local, and tribal governments for 
     preventing, preparing for, protecting against, and responding 
     to natural disasters, acts of terrorism, and other man-made 
     disasters, shall jointly--
       ``(A) compile a comprehensive list of Federal grant 
     programs for State, local, and tribal governments for 
     preventing, preparing for, protecting against, and responding 
     to natural disasters, acts of terrorism, and other man-made 
     disasters;
       ``(B) compile the planning, reporting, application, and 
     other requirements and guidance for the grant programs 
     described in subparagraph (A);

[[Page 20649]]

       ``(C) develop recommendations, as appropriate, to--
       ``(i) eliminate redundant and duplicative requirements for 
     State, local, and tribal governments, including onerous 
     application and ongoing reporting requirements;
       ``(ii) ensure accountability of the programs to the 
     intended purposes of such programs;
       ``(iii) coordinate allocation of grant funds to avoid 
     duplicative or inconsistent purchases by the recipients;
       ``(iv) make the programs more accessible and user friendly 
     to applicants; and
       ``(v) ensure the programs are coordinated to enhance the 
     overall preparedness of the Nation;
       ``(D) submit the information and recommendations under 
     subparagraphs (A), (B), and (C) to the appropriate committees 
     of Congress; and
       ``(E) provide the appropriate committees of Congress, the 
     Comptroller General, and any officer or employee of the 
     Government Accountability Office with full access to any 
     information collected or reviewed in preparing the submission 
     under subparagraph (D).
       ``(2) Scope of task.--Nothing in this subsection shall 
     authorize the elimination, or the alteration of the purposes, 
     as delineated by statute, regulation, or guidance, of any 
     grant program that exists on the date of the enactment of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007, nor authorize the review or preparation of proposals on 
     the elimination, or the alteration of such purposes, of any 
     such grant program.
       ``(d) Sense of Congress.--It is the sense of Congress that, 
     in order to ensure that the Nation is most effectively able 
     to prevent, prepare for, protect against, and respond to all 
     hazards, including natural disasters, acts of terrorism, and 
     other man-made disasters--
       ``(1) the Department should administer a coherent and 
     coordinated system of both terrorism-focused and all-hazards 
     grants;
       ``(2) there should be a continuing and appropriate balance 
     between funding for terrorism-focused and all-hazards 
     preparedness, as reflected in the authorizations of 
     appropriations for grants under the amendments made by titles 
     I and II, as applicable, of the Implementing Recommendations 
     of the 9/11 Commission Act of 2007; and
       ``(3) with respect to terrorism-focused grants, it is 
     necessary to ensure both that the target capabilities of the 
     highest risk areas are achieved quickly and that basic levels 
     of preparedness, as measured by the attainment of target 
     capabilities, are achieved nationwide.

     ``SEC. 2022. ACCOUNTABILITY.

       ``(a) Audits of Grant Programs.--
       ``(1) Compliance requirements.--
       ``(A) Audit requirement.--Each recipient of a grant 
     administered by the Department that expends not less than 
     $500,000 in Federal funds during its fiscal year shall submit 
     to the Administrator a copy of the organization-wide 
     financial and compliance audit report required under chapter 
     75 of title 31, United States Code.
       ``(B) Access to information.--The Department and each 
     recipient of a grant administered by the Department shall 
     provide the Comptroller General and any officer or employee 
     of the Government Accountability Office with full access to 
     information regarding the activities carried out related to 
     any grant administered by the Department.
       ``(C) Improper payments.--Consistent with the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note), for 
     each of the grant programs under sections 2003 and 2004 of 
     this title and section 662 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 762), the 
     Administrator shall specify policies and procedures for--
       ``(i) identifying activities funded under any such grant 
     program that are susceptible to significant improper 
     payments; and
       ``(ii) reporting any improper payments to the Department.
       ``(2) Agency program review.--
       ``(A) In general.--Not less than once every 2 years, the 
     Administrator shall conduct, for each State and high-risk 
     urban area receiving a grant administered by the Department, 
     a programmatic and financial review of all grants awarded by 
     the Department to prevent, prepare for, protect against, or 
     respond to natural disasters, acts of terrorism, or other 
     man-made disasters, excluding assistance provided under 
     section 203, title IV, or title V of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 
     5170 et seq., and 5191 et seq.).
       ``(B) Contents.--Each review under subparagraph (A) shall, 
     at a minimum, examine--
       ``(i) whether the funds awarded were used in accordance 
     with the law, program guidance, and State homeland security 
     plans or other applicable plans; and
       ``(ii) the extent to which funds awarded enhanced the 
     ability of a grantee to prevent, prepare for, protect 
     against, and respond to natural disasters, acts of terrorism, 
     and other man-made disasters.
       ``(C) Authorization of appropriations.--In addition to any 
     other amounts authorized to be appropriated to the 
     Administrator, there are authorized to be appropriated to the 
     Administrator for reviews under this paragraph--
       ``(i) $8,000,000 for each of fiscal years 2008, 2009, and 
     2010; and
       ``(ii) such sums as are necessary for fiscal year 2011, and 
     each fiscal year thereafter.
       ``(3) Office of inspector general performance audits.--
       ``(A) In general.--In order to ensure the effective and 
     appropriate use of grants administered by the Department, the 
     Inspector General of the Department each year shall conduct 
     audits of a sample of States and high-risk urban areas that 
     receive grants administered by the Department to prevent, 
     prepare for, protect against, or respond to natural 
     disasters, acts of terrorism, or other man-made disasters, 
     excluding assistance provided under section 203, title IV, or 
     title V of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 
     5191 et seq.).
       ``(B) Determining samples.--The sample selected for audits 
     under subparagraph (A) shall be--
       ``(i) of an appropriate size to--

       ``(I) assess the overall integrity of the grant programs 
     described in subparagraph (A); and
       ``(II) act as a deterrent to financial mismanagement; and

       ``(ii) selected based on--

       ``(I) the size of the grants awarded to the recipient;
       ``(II) the past grant management performance of the 
     recipient;
       ``(III) concerns identified by the Administrator, including 
     referrals from the Administrator; and
       ``(IV) such other factors as determined by the Inspector 
     General of the Department.

       ``(C) Comprehensive auditing.--During the 7-year period 
     beginning on the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     Inspector General of the Department shall conduct not fewer 
     than 1 audit of each State that receives funds under a grant 
     under section 2003 or 2004.
       ``(D) Report by the inspector general.--
       ``(i) In general.--The Inspector General of the Department 
     shall submit to the appropriate committees of Congress an 
     annual consolidated report regarding the audits completed 
     during the fiscal year before the date of that report.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall describe, for the fiscal year before the date of that 
     report--

       ``(I) the audits conducted under subparagraph (A);
       ``(II) the findings of the Inspector General with respect 
     to the audits conducted under subparagraph (A);
       ``(III) whether the funds awarded were used in accordance 
     with the law, program guidance, and State homeland security 
     plans and other applicable plans; and
       ``(IV) the extent to which funds awarded enhanced the 
     ability of a grantee to prevent, prepare for, protect 
     against, and respond to natural disasters, acts of terrorism 
     and other man-made disasters.

       ``(iii) Deadline.--For each year, the report required under 
     clause (i) shall be submitted not later than December 31.
       ``(E) Public availability on website.--The Inspector 
     General of the Department shall make each audit conducted 
     under subparagraph (A) available on the website of the 
     Inspector General, subject to redaction as the Inspector 
     General determines necessary to protect classified and other 
     sensitive information.
       ``(F) Provision of information to administrator.--The 
     Inspector General of the Department shall provide to the 
     Administrator any findings and recommendations from audits 
     conducted under subparagraph (A).
       ``(G) Evaluation of grants management and oversight.--Not 
     later than 1 year after the date of enactment of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007, the Inspector General of the Department shall review 
     and evaluate the grants management and oversight practices of 
     the Federal Emergency Management Agency, including assessment 
     of and recommendations relating to--
       ``(i) the skills, resources, and capabilities of the 
     workforce; and
       ``(ii) any additional resources and staff necessary to 
     carry out such management and oversight.
       ``(H) Authorization of appropriations.--In addition to any 
     other amounts authorized to be appropriated to the Inspector 
     General of the Department, there are authorized to be 
     appropriated to the Inspector General of the Department for 
     audits under subparagraph (A)--
       ``(i) $8,500,000 for each of fiscal years 2008, 2009, and 
     2010; and
       ``(ii) such sums as are necessary for fiscal year 2011, and 
     each fiscal year thereafter.
       ``(4) Performance assessment.--In order to ensure that 
     States and high-risk urban areas are using grants 
     administered by the Department appropriately to meet target 
     capabilities and preparedness priorities, the Administrator 
     shall--
       ``(A) ensure that any such State or high-risk urban area 
     conducts or participates in exercises under section 648(b) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 748(b));
       ``(B) use performance metrics in accordance with the 
     comprehensive assessment system under section 649 of the 
     Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 749) and ensure that any such State or high-risk urban 
     area regularly tests its progress against such metrics 
     through the exercises required under subparagraph (A);
       ``(C) use the remedial action management program under 
     section 650 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 750); and
       ``(D) ensure that each State receiving a grant administered 
     by the Department submits a report to the Administrator on 
     its level of preparedness, as required by section 652(c) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 752(c)).

[[Page 20650]]

       ``(5) Consideration of assessments.--In conducting program 
     reviews and performance audits under paragraphs (2) and (3), 
     the Administrator and the Inspector General of the Department 
     shall take into account the performance assessment elements 
     required under paragraph (4).
       ``(6) Recovery audits.--The Administrator shall conduct a 
     recovery audit (as that term is defined by the Director of 
     the Office of Management and Budget under section 3561 of 
     title 31, United States Code) for any grant administered by 
     the Department with a total value of not less than 
     $1,000,000, if the Administrator finds that--
       ``(A) a financial audit has identified improper payments 
     that can be recouped; and
       ``(B) it is cost effective to conduct a recovery audit to 
     recapture the targeted funds.
       ``(7) Remedies for noncompliance.--
       ``(A) In general.--If, as a result of a review or audit 
     under this subsection or otherwise, the Administrator finds 
     that a recipient of a grant under this title has failed to 
     substantially comply with any provision of law or with any 
     regulations or guidelines of the Department regarding 
     eligible expenditures, the Administrator shall--
       ``(i) reduce the amount of payment of grant funds to the 
     recipient by an amount equal to the amount of grants funds 
     that were not properly expended by the recipient;
       ``(ii) limit the use of grant funds to programs, projects, 
     or activities not affected by the failure to comply;
       ``(iii) refer the matter to the Inspector General of the 
     Department for further investigation;
       ``(iv) terminate any payment of grant funds to be made to 
     the recipient; or
       ``(v) take such other action as the Administrator 
     determines appropriate.
       ``(B) Duration of penalty.--The Administrator shall apply 
     an appropriate penalty under subparagraph (A) until such time 
     as the Administrator determines that the grant recipient is 
     in full compliance with the law and with applicable 
     guidelines or regulations of the Department.
       ``(b) Reports by Grant Recipients.--
       ``(1) Quarterly reports on homeland security spending.--
       ``(A) In general.--As a condition of receiving a grant 
     under section 2003 or 2004, a State, high-risk urban area, or 
     directly eligible tribe shall, not later than 30 days after 
     the end of each Federal fiscal quarter, submit to the 
     Administrator a report on activities performed using grant 
     funds during that fiscal quarter.
       ``(B) Contents.--Each report submitted under subparagraph 
     (A) shall at a minimum include, for the applicable State, 
     high-risk urban area, or directly eligible tribe, and each 
     subgrantee thereof--
       ``(i) the amount obligated to that recipient under section 
     2003 or 2004 in that quarter;
       ``(ii) the amount of funds received and expended under 
     section 2003 or 2004 by that recipient in that quarter; and
       ``(iii) a summary description of expenditures made by that 
     recipient using such funds, and the purposes for which such 
     expenditures were made.
       ``(C) End-of-year report.--The report submitted under 
     subparagraph (A) by a State, high-risk urban area, or 
     directly eligible tribe relating to the last quarter of any 
     fiscal year shall include--
       ``(i) the amount and date of receipt of all funds received 
     under the grant during that fiscal year;
       ``(ii) the identity of, and amount provided to, any 
     subgrantee for that grant during that fiscal year;
       ``(iii) the amount and the dates of disbursements of all 
     such funds expended in compliance with section 2021(a)(1) or 
     under mutual aid agreements or other sharing arrangements 
     that apply within the State, high-risk urban area, or 
     directly eligible tribe, as applicable, during that fiscal 
     year; and
       ``(iv) how the funds were used by each recipient or 
     subgrantee during that fiscal year.
       ``(2) Annual report.--Any State applying for a grant under 
     section 2004 shall submit to the Administrator annually a 
     State preparedness report, as required by section 652(c) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 752(c)).
       ``(c) Reports by the Administrator.--
       ``(1) Federal preparedness report.--The Administrator shall 
     submit to the appropriate committees of Congress annually the 
     Federal Preparedness Report required under section 652(a) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 752(a)).
       ``(2) Risk assessment.--
       ``(A) In general.--For each fiscal year, the Administrator 
     shall provide to the appropriate committees of Congress a 
     detailed and comprehensive explanation of the methodologies 
     used to calculate risk and compute the allocation of funds 
     for grants administered by the Department, including--
       ``(i) all variables included in the risk assessment and the 
     weights assigned to each such variable;
       ``(ii) an explanation of how each such variable, as 
     weighted, correlates to risk, and the basis for concluding 
     there is such a correlation; and
       ``(iii) any change in the methodologies from the previous 
     fiscal year, including changes in variables considered, 
     weighting of those variables, and computational methods.
       ``(B) Classified annex.--The information required under 
     subparagraph (A) shall be provided in unclassified form to 
     the greatest extent possible, and may include a classified 
     annex if necessary.
       ``(C) Deadline.--For each fiscal year, the information 
     required under subparagraph (A) shall be provided on the 
     earlier of--
       ``(i) October 31; or
       ``(ii) 30 days before the issuance of any program guidance 
     for grants administered by the Department.
       ``(3) Tribal funding report.--At the end of each fiscal 
     year, the Administrator shall submit to the appropriate 
     committees of Congress a report setting forth the amount of 
     funding provided during that fiscal year to Indian tribes 
     under any grant program administered by the Department, 
     whether provided directly or through a subgrant from a State 
     or high-risk urban area.''.

     SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 
                   2002.

       (a) National Advisory Council.--Section 508(b) of the 
     Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended--
       (1) by striking ``The National Advisory'' the first place 
     that term appears and inserting the following:
       ``(1) In general.--The National Advisory''; and
       (2) by adding at the end the following:
       ``(2) Consultation on grants.--To ensure input from and 
     coordination with State, local, and tribal governments and 
     emergency response providers, the Administrator shall 
     regularly consult and work with the National Advisory Council 
     on the administration and assessment of grant programs 
     administered by the Department, including with respect to the 
     development of program guidance and the development and 
     evaluation of risk-assessment methodologies, as 
     appropriate.''.
       (b) Evacuation Planning.--Section 512(b)(5)(A) of the 
     Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is 
     amended by inserting ``, including the elderly'' after 
     ``needs''.

     SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT 
                   REFORM ACT OF 2006.

       (a) Funding Efficacy.--Section 652(a)(2) of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     752(a)(2)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) an evaluation of the extent to which grants 
     administered by the Department, including grants under title 
     XX of the Homeland Security Act of 2002--
       ``(i) have contributed to the progress of State, local, and 
     tribal governments in achieving target capabilities; and
       ``(ii) have led to the reduction of risk from natural 
     disasters, acts of terrorism, or other man-made disasters 
     nationally and in State, local, and tribal jurisdictions.''.
       (b) State Preparedness Report.--Section 652(c)(2)(D) of the 
     Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 752(c)(2)(D)) is amended by striking ``an assessment 
     of resource needs'' and inserting ``a discussion of the 
     extent to which target capabilities identified in the 
     applicable State homeland security plan and other applicable 
     plans remain unmet and an assessment of resources needed''.

     SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) by redesignating title XVIII, as added by the SAFE Port 
     Act (Public Law 109-347; 120 Stat. 1884), as title XIX;
       (2) by redesignating sections 1801 through 1806, as added 
     by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as 
     sections 1901 through 1906, respectively;
       (3) in section 1904(a), as so redesignated, by striking 
     ``section 1802'' and inserting ``section 1902'';
       (4) in section 1906, as so redesignated, by striking 
     ``section 1802(a)'' each place that term appears and 
     inserting ``section 1902(a)''; and
       (5) in the table of contents in section 1(b), by striking 
     the items relating to title XVIII and sections 1801 through 
     1806, as added by the SAFE Port Act (Public Law 109-347; 120 
     Stat. 1884), and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal 
              agencies.
``Sec. 1906. Contracting and grant making authorities.

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.

                  ``Subtitle B--Grants Administration

``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.

[[Page 20651]]



           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

     SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.

       Section 662 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 762) is amended to read as follows:

     ``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) the term `program' means the emergency management 
     performance grants program described in subsection (b); and
       ``(2) the term `State' has the meaning given that term in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
       ``(b) In General.--The Administrator of the Federal 
     Emergency Management Agency shall continue implementation of 
     an emergency management performance grants program, to make 
     grants to States to assist State, local, and tribal 
     governments in preparing for all hazards, as authorized by 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(c) Federal Share.--Except as otherwise specifically 
     provided by title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     the Federal share of the cost of an activity carried out 
     using funds made available under the program shall not exceed 
     50 percent.
       ``(d) Apportionment.--For fiscal year 2008, and each fiscal 
     year thereafter, the Administrator shall apportion the 
     amounts appropriated to carry out the program among the 
     States as follows:
       ``(1) Baseline amount.--The Administrator shall first 
     apportion 0.25 percent of such amounts to each of American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands and 0.75 percent of such amounts 
     to each of the remaining States.
       ``(2) Remainder.--The Administrator shall apportion the 
     remainder of such amounts in the ratio that--
       ``(A) the population of each State; bears to
       ``(B) the population of all States.
       ``(e) Consistency in Allocation.--Notwithstanding 
     subsection (d), in any fiscal year before fiscal year 2013 in 
     which the appropriation for grants under this section is 
     equal to or greater than the appropriation for emergency 
     management performance grants in fiscal year 2007, no State 
     shall receive an amount under this section for that fiscal 
     year less than the amount that State received in fiscal year 
     2007.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program--
       ``(1) for fiscal year 2008, $400,000,000;
       ``(2) for fiscal year 2009, $535,000,000;
       ``(3) for fiscal year 2010, $680,000,000;
       ``(4) for fiscal year 2011, $815,000,000; and
       ``(5) for fiscal year 2012, $950,000,000.''.

     SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
                   CENTERS.

       Section 614 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5196c) is amended to read 
     as follows:

     ``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
                   CENTERS.

       ``(a) Grants.--The Administrator of the Federal Emergency 
     Management Agency may make grants to States under this title 
     for equipping, upgrading, and constructing State and local 
     emergency operations centers.
       ``(b) Federal Share.--Notwithstanding any other provision 
     of this title, the Federal share of the cost of an activity 
     carried out using amounts from grants made under this section 
     shall not exceed 75 percent.''.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

     SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 
                   PROGRAM.

       (a) Establishment.--Title XVIII of the Homeland Security 
     Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 
                   PROGRAM.

       ``(a) Establishment.--The Secretary shall establish the 
     Interoperable Emergency Communications Grant Program to make 
     grants to States to carry out initiatives to improve local, 
     tribal, statewide, regional, national and, where appropriate, 
     international interoperable emergency communications, 
     including communications in collective response to natural 
     disasters, acts of terrorism, and other man-made disasters.
       ``(b) Policy.--The Director for Emergency Communications 
     shall ensure that a grant awarded to a State under this 
     section is consistent with the policies established pursuant 
     to the responsibilities and authorities of the Office of 
     Emergency Communications under this title, including ensuring 
     that activities funded by the grant--
       ``(1) comply with the statewide plan for that State 
     required by section 7303(f) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and
       ``(2) comply with the National Emergency Communications 
     Plan under section 1802, when completed.
       ``(c) Administration.--
       ``(1) In general.--The Administrator of the Federal 
     Emergency Management Agency shall administer the 
     Interoperable Emergency Communications Grant Program pursuant 
     to the responsibilities and authorities of the Administrator 
     under title V of the Act.
       ``(2) Guidance.--In administering the grant program, the 
     Administrator shall ensure that the use of grants is 
     consistent with guidance established by the Director of 
     Emergency Communications pursuant to section 7303(a)(1)(H) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (6 U.S.C. 194(a)(1)(H)).
       ``(d) Use of Funds.--A State that receives a grant under 
     this section shall use the grant to implement that State's 
     Statewide Interoperability Plan required under section 
     7303(f) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (6 U.S.C. 194(f)) and approved under subsection 
     (e), and to assist with activities determined by the 
     Secretary to be integral to interoperable emergency 
     communications.
       ``(e) Approval of Plans.--
       ``(1) Approval as condition of grant.--Before a State may 
     receive a grant under this section, the Director of Emergency 
     Communications shall approve the State's Statewide 
     Interoperable Communications Plan required under section 
     7303(f) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (6 U.S.C. 194(f)).
       ``(2) Plan requirements.--In approving a plan under this 
     subsection, the Director of Emergency Communications shall 
     ensure that the plan--
       ``(A) is designed to improve interoperability at the city, 
     county, regional, State and interstate level;
       ``(B) considers any applicable local or regional plan; and
       ``(C) complies, to the maximum extent practicable, with the 
     National Emergency Communications Plan under section 1802.
       ``(3) Approval of revisions.--The Director of Emergency 
     Communications may approve revisions to a State's plan if the 
     Director determines that doing so is likely to further 
     interoperability.
       ``(f) Limitations on Uses of Funds.--
       ``(1) In general.--The recipient of a grant under this 
     section may not use the grant--
       ``(A) to supplant State or local funds;
       ``(B) for any State or local government cost-sharing 
     contribution; or
       ``(C) for recreational or social purposes.
       ``(2) Penalties.--In addition to other remedies currently 
     available, the Secretary may take such actions as necessary 
     to ensure that recipients of grant funds are using the funds 
     for the purpose for which they were intended.
       ``(g) Limitations on Award of Grants.--
       ``(1) National emergency communications plan required.--The 
     Secretary may not award a grant under this section before the 
     date on which the Secretary completes and submits to Congress 
     the National Emergency Communications Plan required under 
     section 1802.
       ``(2) Voluntary consensus standards.--The Secretary may not 
     award a grant to a State under this section for the purchase 
     of equipment that does not meet applicable voluntary 
     consensus standards, unless the State demonstrates that there 
     are compelling reasons for such purchase.
       ``(h) Award of Grants.--In approving applications and 
     awarding grants under this section, the Secretary shall 
     consider--
       ``(1) the risk posed to each State by natural disasters, 
     acts of terrorism, or other manmade disasters, including--
       ``(A) the likely need of a jurisdiction within the State to 
     respond to such risk in nearby jurisdictions;
       ``(B) the degree of threat, vulnerability, and consequences 
     related to critical infrastructure (from all critical 
     infrastructure sectors) or key resources identified by the 
     Administrator or the State homeland security and emergency 
     management plans, including threats to, vulnerabilities of, 
     and consequences from damage to critical infrastructure and 
     key resources in nearby jurisdictions;
       ``(C) the size of the population and density of the 
     population of the State, including appropriate consideration 
     of military, tourist, and commuter populations;
       ``(D) whether the State is on or near an international 
     border;
       ``(E) whether the State encompasses an economically 
     significant border crossing; and
       ``(F) whether the State has a coastline bordering an ocean, 
     a major waterway used for interstate commerce, or 
     international waters, and
       ``(2) the anticipated effectiveness of the State's proposed 
     use of grant funds to improve interoperability.
       ``(i) Opportunity to Amend Applications.--In considering 
     applications for grants under this section, the Administrator 
     shall provide applicants with a reasonable opportunity to 
     correct defects in the application, if any, before making 
     final awards.
       ``(j) Minimum Grant Amounts.--
       ``(1) States.--In awarding grants under this section, the 
     Secretary shall ensure that for each fiscal year, except as 
     provided in paragraph (2), no State receives a grant in an 
     amount that is less than the following percentage of the 
     total amount appropriated for grants under this section for 
     that fiscal year:
       ``(A) For fiscal year 2008, 0.50 percent.
       ``(B) For fiscal year 2009, 0.50 percent.
       ``(C) For fiscal year 2010, 0.45 percent.
       ``(D) For fiscal year 2011, 0.40 percent.
       ``(E) For fiscal year 2012 and each subsequent fiscal year, 
     0.35 percent.
       ``(2) Territories and possessions.--In awarding grants 
     under this section, the Secretary shall ensure that for each 
     fiscal year, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands each receive 
     grants in amounts that

[[Page 20652]]

     are not less than 0.08 percent of the total amount 
     appropriated for grants under this section for that fiscal 
     year.
       ``(k) Certification.--Each State that receives a grant 
     under this section shall certify that the grant is used for 
     the purpose for which the funds were intended and in 
     compliance with the State's approved Statewide Interoperable 
     Communications Plan.
       ``(l) State Responsibilities.--
       ``(1) Availability of funds to local and tribal 
     governments.--Not later than 45 days after receiving grant 
     funds, any State that receives a grant under this section 
     shall obligate or otherwise make available to local and 
     tribal governments--
       ``(A) not less than 80 percent of the grant funds;
       ``(B) with the consent of local and tribal governments, 
     eligible expenditures having a value of not less than 80 
     percent of the amount of the grant; or
       ``(C) grant funds combined with other eligible expenditures 
     having a total value of not less than 80 percent of the 
     amount of the grant.
       ``(2) Allocation of funds.--A State that receives a grant 
     under this section shall allocate grant funds to tribal 
     governments in the State to assist tribal communities in 
     improving interoperable communications, in a manner 
     consistent with the Statewide Interoperable Communications 
     Plan. A State may not impose unreasonable or unduly 
     burdensome requirements on a tribal government as a condition 
     of providing grant funds or resources to the tribal 
     government.
       ``(3) Penalties.--If a State violates the requirements of 
     this subsection, in addition to other remedies available to 
     the Secretary, the Secretary may terminate or reduce the 
     amount of the grant awarded to that State or transfer grant 
     funds previously awarded to the State directly to the 
     appropriate local or tribal government.
       ``(m) Reports.--
       ``(1) Annual reports by state grant recipients.--A State 
     that receives a grant under this section shall annually 
     submit to the Director of Emergency Communications a report 
     on the progress of the State in implementing that State's 
     Statewide Interoperable Communications Plans required under 
     section 7303(f) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(f)) and achieving 
     interoperability at the city, county, regional, State, and 
     interstate levels. The Director shall make the reports 
     publicly available, including by making them available on the 
     Internet website of the Office of Emergency Communications, 
     subject to any redactions that the Director determines are 
     necessary to protect classified or other sensitive 
     information.
       ``(2) Annual reports to congress.--At least once each year, 
     the Director of Emergency Communications shall submit to 
     Congress a report on the use of grants awarded under this 
     section and any progress in implementing Statewide 
     Interoperable Communications Plans and improving 
     interoperability at the city, county, regional, State, and 
     interstate level, as a result of the award of such grants.
       ``(n) Rule of Construction.--Nothing in this section shall 
     be construed or interpreted to preclude a State from using a 
     grant awarded under this section for interim or long-term 
     Internet Protocol-based interoperable solutions.
       ``(o) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2008, such sums as may be necessary;
       ``(2) for each of fiscal years 2009 through 2012, 
     $400,000,000; and
       ``(3) for each subsequent fiscal year, such sums as may be 
     necessary.''.
       (b) Clerical Amendment.-- The table of contents in section 
     l(b) of such Act is amended by inserting after the item 
     relating to section 1808 the following:

``Sec. 1809. Interoperable Emergency Communications Grant Program.''.
       (c) Interoperable Communications Plans.--Section 7303 of 
     the Intelligence Reform and Terrorist Prevention Act of 2004 
     (6 U.S.C. 194) is amended--
       (1) in subsection (f)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(6) include information on the governance structure used 
     to develop the plan, including such information about all 
     agencies and organizations that participated in developing 
     the plan and the scope and timeframe of the plan; and
       ``(7) describe the method by which multi-jurisdictional, 
     multidisciplinary input is provided from all regions of the 
     jurisdiction, including any high-threat urban areas located 
     in the jurisdiction, and the process for continuing to 
     incorporate such input.'';
       (2) in subsection (g)(1), by striking ``or video'' and 
     inserting ``and video''.
       (d) National Emergency Communications Plan.--Section 
     1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 
     652(c)) is amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) set a date, including interim benchmarks, as 
     appropriate, by which State, local, and tribal governments, 
     Federal departments and agencies, and emergency response 
     providers expect to achieve a baseline level of national 
     interoperable communications, as that term is defined under 
     section 7303(g)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(g)(1)).''.

     SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

       (a) In General.--Title XVIII of the Homeland Security Act 
     of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

       ``(a) In General.--
       ``(1) Establishment.--The Secretary, acting through the 
     Director of the Office of Emergency Communications (referred 
     to in this section as the `Director'), and in coordination 
     with the Federal Communications Commission and the Secretary 
     of Commerce, shall establish an International Border 
     Community Interoperable Communications Demonstration Project 
     (referred to in this section as the `demonstration project').
       ``(2) Minimum number of communities.--The Director shall 
     select no fewer than 6 communities to participate in a 
     demonstration project.
       ``(3) Location of communities.--No fewer than 3 of the 
     communities selected under paragraph (2) shall be located on 
     the northern border of the United States and no fewer than 3 
     of the communities selected under paragraph (2) shall be 
     located on the southern border of the United States.
       ``(b) Conditions.--The Director, in coordination with the 
     Federal Communications Commission and the Secretary of 
     Commerce, shall ensure that the project is carried out as 
     soon as adequate spectrum is available as a result of the 800 
     megahertz rebanding process in border areas, and shall ensure 
     that the border projects do not impair or impede the 
     rebanding process, but under no circumstances shall funds be 
     distributed under this section unless the Federal 
     Communications Commission and the Secretary of Commerce agree 
     that these conditions have been met.
       ``(c) Program Requirements.--Consistent with the 
     responsibilities of the Office of Emergency Communications 
     under section 1801, the Director shall foster local, tribal, 
     State, and Federal interoperable emergency communications, as 
     well as interoperable emergency communications with 
     appropriate Canadian and Mexican authorities in the 
     communities selected for the demonstration project. The 
     Director shall--
       ``(1) identify solutions to facilitate interoperable 
     communications across national borders expeditiously;
       ``(2) help ensure that emergency response providers can 
     communicate with each other in the event of natural 
     disasters, acts of terrorism, and other man-made disasters;
       ``(3) provide technical assistance to enable emergency 
     response providers to deal with threats and contingencies in 
     a variety of environments;
       ``(4) identify appropriate joint-use equipment to ensure 
     communications access;
       ``(5) identify solutions to facilitate communications 
     between emergency response providers in communities of 
     differing population densities; and
       ``(6) take other actions or provide equipment as the 
     Director deems appropriate to foster interoperable emergency 
     communications.
       ``(d) Distribution of Funds.--
       ``(1) In general.--The Secretary shall distribute funds 
     under this section to each community participating in the 
     demonstration project through the State, or States, in which 
     each community is located.
       ``(2) Other participants.--A State shall make the funds 
     available promptly to the local and tribal governments and 
     emergency response providers selected by the Secretary to 
     participate in the demonstration project.
       ``(3) Report.--Not later than 90 days after a State 
     receives funds under this subsection the State shall report 
     to the Director on the status of the distribution of such 
     funds to local and tribal governments.
       ``(e) Maximum Period of Grants.--The Director may not fund 
     any participant under the demonstration project for more than 
     3 years.
       ``(f) Transfer of Information and Knowledge.--The Director 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the demonstration project 
     are transferred among the participants and to other 
     interested parties, including other communities that 
     submitted applications to the participant in the project.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated for grants under this section such sums as 
     may be necessary.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of that Act is amended by inserting after the item 
     relating to section 1809 the following:

``Sec. 1810. Border interoperability demonstration project.''.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

     SEC. 401. DEFINITIONS.

       (a) In General.--Section 501 of the Homeland Security Act 
     of 2002 (6 U.S.C. 311) is amended--
       (1) by redesignating paragraphs (10) and (11) as paragraphs 
     (12) and (13), respectively;
       (2) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively;
       (3) by inserting after paragraph (3) the following:
       ``(4) the terms `credentialed' and `credentialing' mean 
     having provided, or providing, respectively, documentation 
     that identifies personnel and authenticates and verifies the

[[Page 20653]]

     qualifications of such personnel by ensuring that such 
     personnel possess a minimum common level of training, 
     experience, physical and medical fitness, and capability 
     appropriate for a particular position in accordance with 
     standards created under section 510;'';
       (4) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) the term `resources' means personnel and major items 
     of equipment, supplies, and facilities available or 
     potentially available for responding to a natural disaster, 
     act of terrorism, or other man-made disaster;'';
       (5) in paragraph (12), as so redesignated, by striking 
     ``and'' at the end;
       (6) in paragraph (13), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (7) by adding at the end the following:
       ``(14) the terms `typed' and `typing' mean having 
     evaluated, or evaluating, respectively, a resource in 
     accordance with standards created under section 510.''.
       (b) Technical and Conforming Amendments.--Section 641 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 741) is amended--
       (1) by redesignating paragraphs (2) through (10) as 
     paragraphs (3) through (11), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Credentialed; credentialing.--The terms 
     `credentialed' and `credentialing' have the meanings given 
     those terms in section 501 of the Homeland Security Act of 
     2002 (6 U.S.C. 311).''; and
       (3) by adding at the end the following:
       ``(12) Resources.--The term `resources' has the meaning 
     given that term in section 501 of the Homeland Security Act 
     of 2002 (6 U.S.C. 311).
       ``(13) Type.--The term `type' means a classification of 
     resources that refers to the capability of a resource.
       ``(14) Typed; typing.--The terms `typed' and `typing' have 
     the meanings given those terms in section 501 of the Homeland 
     Security Act of 2002 (6 U.S.C. 311).''.

     SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.

       Section 648(b)(2)(A) of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is 
     amended by striking clauses (iv) and (v) and inserting the 
     following:
       ``(iv) designed to provide for the systematic evaluation of 
     readiness and enhance operational understanding of the 
     incident command system and relevant mutual aid agreements;
       ``(v) designed to address the unique requirements of 
     populations with special needs, including the elderly; and
       ``(vi) designed to promptly develop after-action reports 
     and plans for quickly incorporating lessons learned into 
     future operations; and''.

     SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.

       Section 648(b)(2)(B) of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is 
     amended by striking ``shall provide'' and all that follows 
     through ``of exercises'' and inserting the following: ``shall 
     include a selection of model exercises that State, local, and 
     tribal governments can readily adapt for use and provide 
     assistance to State, local, and tribal governments with the 
     design, implementation, and evaluation of exercises (whether 
     a model exercise program or an exercise designed locally)''.

     SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 
                   FACILITIES TO STRENGTHEN INCIDENT COMMAND; 
                   PRIVATE SECTOR PREPAREDNESS.

       Section 507(c)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 317(c)(2)) is amended--
       (1) in subparagraph (H) by striking ``and'' at the end;
       (2) by redesignating subparagraph (I) as subparagraph (K); 
     and
       (3) by inserting after subparagraph (H) the following:
       ``(I) coordinating with the private sector to help ensure 
     private sector preparedness for natural disasters, acts of 
     terrorism, and other man-made disasters;
       ``(J) assisting State, local, and tribal governments, where 
     appropriate, to preidentify and evaluate suitable sites where 
     a multijurisdictional incident command system may quickly be 
     established and operated from, if the need for such a system 
     arises; and''.

     SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.

       Section 651 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 751) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The inventory'' and inserting ``For each Federal agency 
     with responsibilities under the National Response Plan, the 
     inventory'';
       (B) in paragraph (1), by striking ``and'' at the end;
       (C) by redesignating paragraph (2) as paragraph (4); and
       (D) by inserting after paragraph (1) the following:
       ``(2) a list of personnel credentialed in accordance with 
     section 510 of the Homeland Security Act of 2002 (6 U.S.C. 
     320);
       ``(3) a list of resources typed in accordance with section 
     510 of the Homeland Security Act of 2002 (6 U.S.C. 320); 
     and''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``capabilities, 
     readiness'' and all that follows and inserting the following: 
     ``--
       ``(A) capabilities;
       ``(B) readiness;
       ``(C) the compatibility of equipment;
       ``(D) credentialed personnel; and
       ``(E) typed resources;'';
       (B) in paragraph (2), by inserting ``of capabilities, 
     credentialed personnel, and typed resources'' after ``rapid 
     deployment''; and
       (C) in paragraph (3), by striking ``inventories'' and 
     inserting ``the inventory described in subsection (a)''.

     SEC. 406. REPORTING REQUIREMENTS.

       Section 652(a)(2) of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by 
     section 103, is further amended--
       (1) in subparagraph (C), by striking ``section 651(a);'' 
     and inserting ``section 651, including the number and type of 
     credentialed personnel in each category of personnel trained 
     and ready to respond to a natural disaster, act of terrorism, 
     or other man-made disaster;'';
       (2) in subparagraph (D), by striking ``and'' at the end;
       (3) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(F) a discussion of whether the list of credentialed 
     personnel of the Agency described in section 651(b)(2)--
       ``(i) complies with the strategic human capital plan 
     developed under section 10102 of title 5, United States Code; 
     and
       ``(ii) is sufficient to respond to a natural disaster, act 
     of terrorism, or other man-made disaster, including a 
     catastrophic incident.''.

     SEC. 407. FEDERAL PREPAREDNESS.

       Section 653 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 753) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``coordinating, primary, or supporting'';
       (B) in paragraph (2), by inserting ``, including 
     credentialing of personnel and typing of resources likely 
     needed to respond to a natural disaster, act of terrorism, or 
     other man-made disaster in accordance with section 510 of the 
     Homeland Security Act of 2002 (6 U.S.C. 320)'' before the 
     semicolon at the end;
       (C) in paragraph (3), by striking ``and'' at the end;
       (D) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(5) regularly updates, verifies the accuracy of, and 
     provides to the Administrator the information in the 
     inventory required under section 651.''; and
       (2) in subsection (d)--
       (A) by inserting ``to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives'' after ``The 
     President shall certify''; and
       (B) by striking ``coordinating, primary, or supporting''.

     SEC. 408. CREDENTIALING AND TYPING.

       Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 
     320) is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(a) In General.--The Administrator'';
       (2) in subsection (a), as so designated, by striking 
     ``credentialing of personnel and typing of'' and inserting 
     ``for credentialing and typing of incident management 
     personnel, emergency response providers, and other personnel 
     (including temporary personnel) and''; and
       (3) by adding at the end the following:
       ``(b) Distribution.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Administrator shall provide the 
     standards developed under subsection (a), including detailed 
     written guidance, to--
       ``(A) each Federal agency that has responsibilities under 
     the National Response Plan to aid that agency with 
     credentialing and typing incident management personnel, 
     emergency response providers, and other personnel (including 
     temporary personnel) and resources likely needed to respond 
     to a natural disaster, act of terrorism, or other man-made 
     disaster; and
       ``(B) State, local, and tribal governments, to aid such 
     governments with credentialing and typing of State, local, 
     and tribal incident management personnel, emergency response 
     providers, and other personnel (including temporary 
     personnel) and resources likely needed to respond to a 
     natural disaster, act of terrorism, or other man-made 
     disaster.
       ``(2) Assistance.--The Administrator shall provide 
     expertise and technical assistance to aid Federal, State, 
     local, and tribal government agencies with credentialing and 
     typing incident management personnel, emergency response 
     providers, and other personnel (including temporary 
     personnel) and resources likely needed to respond to a 
     natural disaster, act of terrorism, or other man-made 
     disaster.
       ``(c) Credentialing and Typing of Personnel.--Not later 
     than 6 months after receiving the standards provided under 
     subsection (b), each Federal agency with responsibilities 
     under the National Response Plan shall ensure that incident 
     management personnel, emergency response providers, and other 
     personnel (including temporary personnel) and resources 
     likely needed to respond to a natural disaster, act of 
     terrorism, or other manmade disaster are credentialed and 
     typed in accordance with this section.
       ``(d) Consultation on Health Care Standards.--In developing 
     standards for credentialing health care professionals under 
     this section, the Administrator shall consult

[[Page 20654]]

     with the Secretary of Health and Human Services.''.

     SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
                   INFRASTRUCTURE WORKERS.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
                   INFRASTRUCTURE WORKERS.

       ``(a) In General.--Not later than 12 months after the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, and in coordination with appropriate 
     national professional organizations, Federal, State, local, 
     and tribal government agencies, and private-sector and 
     nongovernmental entities, the Administrator shall establish 
     model standards and guidelines for credentialing critical 
     infrastructure workers that may be used by a State to 
     credential critical infrastructure workers that may respond 
     to a natural disaster, act of terrorism, or other man-made 
     disaster.
       ``(b) Distribution and Assistance.--The Administrator shall 
     provide the standards developed under subsection (a), 
     including detailed written guidance, to State, local, and 
     tribal governments, and provide expertise and technical 
     assistance to aid such governments with credentialing 
     critical infrastructure workers that may respond to a natural 
     disaster, act of terrorism, or other manmade disaster.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101(b)) is amended by inserting after the item 
     relating to section 521 the following:

       ``Sec. 522. Model standards and guidelines for critical 
           infrastructure workers.''.

     SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this title and the amendments made by 
     this title.

  TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

     Subtitle A--Homeland Security Information Sharing Enhancement

     SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 
                   SHARING.

       (a) Advisory System and Information Sharing.--
       (1) In general.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

       ``(a) Requirement.--The Secretary shall administer the 
     Homeland Security Advisory System in accordance with this 
     section to provide advisories or warnings regarding the 
     threat or risk that acts of terrorism will be committed on 
     the homeland to Federal, State, local, and tribal government 
     authorities and to the people of the United States, as 
     appropriate. The Secretary shall exercise primary 
     responsibility for providing such advisories or warnings.
       ``(b) Required Elements.--In administering the Homeland 
     Security Advisory System, the Secretary shall--
       ``(1) establish criteria for the issuance and revocation of 
     such advisories or warnings;
       ``(2) develop a methodology, relying on the criteria 
     established under paragraph (1), for the issuance and 
     revocation of such advisories or warnings;
       ``(3) provide, in each such advisory or warning, specific 
     information and advice regarding appropriate protective 
     measures and countermeasures that may be taken in response to 
     the threat or risk, at the maximum level of detail 
     practicable to enable individuals, government entities, 
     emergency response providers, and the private sector to act 
     appropriately;
       ``(4) whenever possible, limit the scope of each such 
     advisory or warning to a specific region, locality, or 
     economic sector believed to be under threat or at risk; and
       ``(5) not, in issuing any advisory or warning, use color 
     designations as the exclusive means of specifying homeland 
     security threat conditions that are the subject of the 
     advisory or warning.

     ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

       ``(a) Information Sharing.--Consistent with section 1016 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (6 U.S.C. 485), the Secretary, acting through the Under 
     Secretary for Intelligence and Analysis, shall integrate the 
     information and standardize the format of the products of the 
     intelligence components of the Department containing homeland 
     security information, terrorism information, weapons of mass 
     destruction information, or national intelligence (as defined 
     in section 3(5) of the National Security Act of 1947 (50 
     U.S.C. 401a(5))) except for any internal security protocols 
     or personnel information of such intelligence components, or 
     other administrative processes that are administered by any 
     chief security officer of the Department.
       ``(b) Information Sharing and Knowledge Management 
     Officers.--For each intelligence component of the Department, 
     the Secretary shall designate an information sharing and 
     knowledge management officer who shall report to the Under 
     Secretary for Intelligence and Analysis regarding 
     coordinating the different systems used in the Department to 
     gather and disseminate homeland security information or 
     national intelligence (as defined in section 3(5) of the 
     National Security Act of 1947 (50 U.S.C. 401a(5))).
       ``(c) State, Local, and Private-Sector Sources of 
     Information.--
       ``(1) Establishment of business processes.--The Secretary, 
     acting through the Under Secretary for Intelligence and 
     Analysis or the Assistant Secretary for Infrastructure 
     Protection, as appropriate, shall--
       ``(A) establish Department-wide procedures for the review 
     and analysis of information provided by State, local, and 
     tribal governments and the private sector;
       ``(B) as appropriate, integrate such information into the 
     information gathered by the Department and other departments 
     and agencies of the Federal Government; and
       ``(C) make available such information, as appropriate, 
     within the Department and to other departments and agencies 
     of the Federal Government.
       ``(2) Feedback.--The Secretary shall develop mechanisms to 
     provide feedback regarding the analysis and utility of 
     information provided by any entity of State, local, or tribal 
     government or the private sector that provides such 
     information to the Department.
       ``(d) Training and Evaluation of Employees.--
       ``(1) Training.--The Secretary, acting through the Under 
     Secretary for Intelligence and Analysis or the Assistant 
     Secretary for Infrastructure Protection, as appropriate, 
     shall provide to employees of the Department opportunities 
     for training and education to develop an understanding of--
       ``(A) the definitions of homeland security information and 
     national intelligence (as defined in section 3(5) of the 
     National Security Act of 1947 (50 U.S.C. 401a(5))); and
       ``(B) how information available to such employees as part 
     of their duties--
       ``(i) might qualify as homeland security information or 
     national intelligence; and
       ``(ii) might be relevant to the Office of Intelligence and 
     Analysis and the intelligence components of the Department.
       ``(2) Evaluations.--The Under Secretary for Intelligence 
     and Analysis shall--
       ``(A) on an ongoing basis, evaluate how employees of the 
     Office of Intelligence and Analysis and the intelligence 
     components of the Department are utilizing homeland security 
     information or national intelligence, sharing information 
     within the Department, as described in this title, and 
     participating in the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
       ``(B) provide to the appropriate component heads regular 
     reports regarding the evaluations under subparagraph (A).

     ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK 
                   ARCHITECTURE.

       ``(a) Establishment.--The Secretary, acting through the 
     Under Secretary for Intelligence and Analysis, shall 
     establish, consistent with the policies and procedures 
     developed under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485), and 
     consistent with the enterprise architecture of the 
     Department, a comprehensive information technology network 
     architecture for the Office of Intelligence and Analysis that 
     connects the various databases and related information 
     technology assets of the Office of Intelligence and Analysis 
     and the intelligence components of the Department in order to 
     promote internal information sharing among the intelligence 
     and other personnel of the Department.
       ``(b) Comprehensive Information Technology Network 
     Architecture Defined.--The term `comprehensive information 
     technology network architecture' means an integrated 
     framework for evolving or maintaining existing information 
     technology and acquiring new information technology to 
     achieve the strategic management and information resources 
     management goals of the Office of Intelligence and Analysis.

     ``SEC. 206. COORDINATION WITH INFORMATION SHARING 
                   ENVIRONMENT.

       ``(a) Guidance.--All activities to comply with sections 
     203, 204, and 205 shall be--
       ``(1) consistent with any policies, guidelines, procedures, 
     instructions, or standards established under section 1016 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (6 U.S.C. 485);
       ``(2) implemented in coordination with, as appropriate, the 
     program manager for the information sharing environment 
     established under that section;
       ``(3) consistent with any applicable guidance issued by the 
     Director of National Intelligence; and
       ``(4) consistent with any applicable guidance issued by the 
     Secretary relating to the protection of law enforcement 
     information or proprietary information.
       ``(b) Consultation.--In carrying out the duties and 
     responsibilities under this subtitle, the Under Secretary for 
     Intelligence and Analysis shall take into account the views 
     of the heads of the intelligence components of the 
     Department.''.
       (2) Technical and conforming amendments.--
       (A) In general.--Section 201(d) of the Homeland Security 
     Act of 2002 (6 U.S.C. 121(d)) is amended--
       (i) by striking paragraph (7); and
       (ii) by redesignating paragraphs (8) through (19) as 
     paragraphs (7) through (18), respectively.
       (B) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security

[[Page 20655]]

     Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 
     after the item relating to section 202 the following:

       ``Sec. 203. Homeland Security Advisory System.
       ``Sec. 204. Homeland security information sharing.
       ``Sec. 205. Comprehensive information technology network 
           architecture.
       ``Sec. 206. Coordination with information sharing 
           environment.''.

       (b) Office of Intelligence and Analysis and Office of 
     Infrastructure Protection.--Section 201(d) of the Homeland 
     Security Act of 2002 (6 U.S.C. 121(d)) is amended--
       (1) in paragraph (1), by inserting ``, in support of the 
     mission responsibilities of the Department and the functions 
     of the National Counterterrorism Center established under 
     section 119 of the National Security Act of 1947 (50 U.S.C. 
     404o),'' after ``and to integrate such information''; and
       (2) by striking paragraph (7), as redesignated by 
     subsection (a)(2)(A)(ii) of this section, and inserting the 
     following:
       ``(7) To review, analyze, and make recommendations for 
     improvements to the policies and procedures governing the 
     sharing of information within the scope of the information 
     sharing environment established under section 1016 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 485), including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information, and any policies, guidelines, procedures, 
     instructions, or standards established under that section.''.
       (c) Report on Comprehensive Information Technology Network 
     Architecture.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the progress of the Secretary in developing the comprehensive 
     information technology network architecture required under 
     section 205 of the Homeland Security Act of 2002, as added by 
     subsection (a). The report shall include:
       (1) a description of the priorities for the development of 
     the comprehensive information technology network architecture 
     and a rationale for such priorities;
       (2) an explanation of how the various components of the 
     comprehensive information technology network architecture 
     will work together and interconnect;
       (3) a description of the technological challenges that the 
     Secretary expects the Office of Intelligence and Analysis 
     will face in implementing the comprehensive information 
     technology network architecture;
       (4) a description of the technological options that are 
     available or are in development that may be incorporated into 
     the comprehensive information technology network 
     architecture, the feasibility of incorporating such options, 
     and the advantages and disadvantages of doing so;
       (5) an explanation of any security protections to be 
     developed as part of the comprehensive information technology 
     network architecture;
       (6) a description of safeguards for civil liberties and 
     privacy to be built into the comprehensive information 
     technology network architecture; and
       (7) an operational best practices plan.

     SEC. 502. INTELLIGENCE COMPONENT DEFINED.

       (a) In General.--Section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101) is amended--
       (1) by redesignating paragraphs (9) through (16) as 
     paragraphs (10) through (17), respectively; and
       (2) by inserting after paragraph (8) the following:
       ``(9) The term `intelligence component of the Department' 
     means any element or entity of the Department that collects, 
     gathers, processes, analyzes, produces, or disseminates 
     intelligence information within the scope of the information 
     sharing environment, including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information, or national intelligence, as defined under 
     section 3(5) of the National Security Act of 1947 (50 U.S.C. 
     401a(5)), except--
       ``(A) the United States Secret Service; and
       ``(B) the Coast Guard, when operating under the direct 
     authority of the Secretary of Defense or Secretary of the 
     Navy pursuant to section 3 of title 14, United States Code, 
     except that nothing in this paragraph shall affect or 
     diminish the authority and responsibilities of the Commandant 
     of the Coast Guard to command or control the Coast Guard as 
     an armed force or the authority of the Director of National 
     Intelligence with respect to the Coast Guard as an element of 
     the intelligence community (as defined under section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
       (b) Receipt of Information From United States Secret 
     Service.--
       (1) In general.--The Under Secretary for Intelligence and 
     Analysis shall receive from the United States Secret Service 
     homeland security information, terrorism information, weapons 
     of mass destruction information (as these terms are defined 
     in Section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485)), or national 
     intelligence, as defined in Section 3(5) of the National 
     Security Act of 1947 (50 U.S.C. 401a(5)), as well as suspect 
     information obtained in criminal investigations. The United 
     States Secret Service shall cooperate with the Under 
     Secretary for Intelligence and Analysis with respect to 
     activities under sections 204 and 205 of the Homeland 
     Security Act of 2002.
       (2) Savings clause.--Nothing in this Act shall interfere 
     with the operation of Section 3056(g) of Title 18, United 
     States Code, or with the authority of the Secretary of 
     Homeland Security or the Director of the United States Secret 
     Service regarding the budget of the United States Secret 
     Service.
       (c) Technical and Conforming Amendments.--
       (1) Homeland security act of 2002.--Paragraph (13) of 
     section 501 of the Homeland Security Act of 2002 (6 U.S.C. 
     311), as redesignated by section 401, is amended by striking 
     ``section 2(10)(B)'' and inserting ``section 2(11)(B)''.
       (2) Other law.--Section 712(a) of title 14, United States 
     Code, is amended by striking ``section 2(15) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101(15))'' and inserting 
     ``section 2(16) of the Homeland Security Act of 2002 (6 
     U.S.C. 101(16))''.

     SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND 
                   INFORMATION SHARING.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 is further amended by adding at the end 
     the following:

     ``SEC. 207. INTELLIGENCE COMPONENTS.

       ``Subject to the direction and control of the Secretary, 
     and consistent with any applicable guidance issued by the 
     Director of National Intelligence, the responsibilities of 
     the head of each intelligence component of the Department are 
     as follows:
       ``(1) To ensure that the collection, processing, analysis, 
     and dissemination of information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, weapons of mass 
     destruction information, and national intelligence (as 
     defined in section 3(5) of the National Security Act of 1947 
     (50 U.S.C. 401a(5))), are carried out effectively and 
     efficiently in support of the intelligence mission of the 
     Department, as led by the Under Secretary for Intelligence 
     and Analysis.
       ``(2) To otherwise support and implement the intelligence 
     mission of the Department, as led by the Under Secretary for 
     Intelligence and Analysis.
       ``(3) To incorporate the input of the Under Secretary for 
     Intelligence and Analysis with respect to performance 
     appraisals, bonus or award recommendations, pay adjustments, 
     and other forms of commendation.
       ``(4) To coordinate with the Under Secretary for 
     Intelligence and Analysis in developing policies and 
     requirements for the recruitment and selection of 
     intelligence officials of the intelligence component.
       ``(5) To advise and coordinate with the Under Secretary for 
     Intelligence and Analysis on any plan to reorganize or 
     restructure the intelligence component that would, if 
     implemented, result in realignments of intelligence 
     functions.
       ``(6) To ensure that employees of the intelligence 
     component have knowledge of, and comply with, the programs 
     and policies established by the Under Secretary for 
     Intelligence and Analysis and other appropriate officials of 
     the Department and that such employees comply with all 
     applicable laws and regulations.
       ``(7) To perform such other activities relating to such 
     responsibilities as the Secretary may provide.

     ``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE 
                   COMPONENTS.

       ``The Secretary shall provide training and guidance for 
     employees, officials, and senior executives of the 
     intelligence components of the Department to develop 
     knowledge of laws, regulations, operations, policies, 
     procedures, and programs that are related to the functions of 
     the Department relating to the collection, processing, 
     analysis, and dissemination of information within the scope 
     of the information sharing environment, including homeland 
     security information, terrorism information, and weapons of 
     mass destruction information, or national intelligence (as 
     defined in section 3(5) of the National Security Act of 1947 
     (50 U.S.C. 401a(5))).

     ``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND 
                   LOCAL GOVERNMENT OFFICIALS.

       ``(a) Curriculum.--The Secretary, acting through the Under 
     Secretary for Intelligence and Analysis, shall--
       ``(1) develop a curriculum for training State, local, and 
     tribal government officials, including law enforcement 
     officers, intelligence analysts, and other emergency response 
     providers, in the intelligence cycle and Federal laws, 
     practices, and regulations regarding the development, 
     handling, and review of intelligence and other information; 
     and
       ``(2) ensure that the curriculum includes executive level 
     training for senior level State, local, and tribal law 
     enforcement officers, intelligence analysts, and other 
     emergency response providers.
       ``(b) Training.--To the extent possible, the Federal Law 
     Enforcement Training Center and other existing Federal 
     entities with the capacity and expertise to train State, 
     local, and tribal government officials based on the 
     curriculum developed under subsection (a) shall be used to 
     carry out the training programs created under this section. 
     If such entities do not have the capacity, resources, or 
     capabilities to conduct such training, the Secretary may 
     approve another entity to conduct such training.
       ``(c) Consultation.--In carrying out the duties described 
     in subsection (a), the Under Secretary for Intelligence and 
     Analysis shall consult with the Director of the Federal Law 
     Enforcement Training Center, the Attorney General, the 
     Director of National Intelligence, the

[[Page 20656]]

     Administrator of the Federal Emergency Management Agency, and 
     other appropriate parties, such as private industry, 
     institutions of higher education, nonprofit institutions, and 
     other intelligence agencies of the Federal Government.

     ``SEC. 210. INFORMATION SHARING INCENTIVES.

       ``(a) Awards.--In making cash awards under chapter 45 of 
     title 5, United States Code, the President or the head of an 
     agency, in consultation with the program manager designated 
     under section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485), may consider the 
     success of an employee in appropriately sharing information 
     within the scope of the information sharing environment 
     established under that section, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, or national intelligence (as defined 
     in section 3(5) of the National Security Act of 1947 (50 
     U.S.C. 401a(5)), in a manner consistent with any policies, 
     guidelines, procedures, instructions, or standards 
     established by the President or, as appropriate, the program 
     manager of that environment for the implementation and 
     management of that environment.
       ``(b) Other Incentives.--The head of each department or 
     agency described in section 1016(i) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
     485(i)), in consultation with the program manager designated 
     under section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485), shall adopt best 
     practices regarding effective ways to educate and motivate 
     officers and employees of the Federal Government to 
     participate fully in the information sharing environment, 
     including--
       ``(1) promotions and other nonmonetary awards; and
       ``(2) publicizing information sharing accomplishments by 
     individual employees and, where appropriate, the tangible end 
     benefits that resulted.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended further by inserting after the item relating 
     to section 206 the following:

       ``Sec. 207. Intelligence components.
       ``Sec. 208. Training for employees of intelligence 
           components.
       ``Sec. 209. Intelligence training development for State and 
           local government officials.
       ``Sec. 210. Information sharing incentives.''.

     SEC. 504. INFORMATION SHARING.

       Section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) Homeland security information.--The term `homeland 
     security information' has the meaning given that term in 
     section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 
     482(f)).'';
       (C) by striking paragraph (3), as so redesignated, and 
     inserting the following:
       ``(3) Information sharing environment.--The terms 
     `information sharing environment' and `ISE' mean an approach 
     that facilitates the sharing of terrorism and homeland 
     security information, which may include any method determined 
     necessary and appropriate for carrying out this section.''.
       (D) by striking paragraph (5), as so redesignated, and 
     inserting the following:
       ``(5) Terrorism information.--The term `terrorism 
     information'--
       ``(A) means all information, whether collected, produced, 
     or distributed by intelligence, law enforcement, military, 
     homeland security, or other activities relating to--
       ``(i) the existence, organization, capabilities, plans, 
     intentions, vulnerabilities, means of finance or material 
     support, or activities of foreign or international terrorist 
     groups or individuals, or of domestic groups or individuals 
     involved in transnational terrorism;
       ``(ii) threats posed by such groups or individuals to the 
     United States, United States persons, or United States 
     interests, or to those of other nations;
       ``(iii) communications of or by such groups or individuals; 
     or
       ``(iv) groups or individuals reasonably believed to be 
     assisting or associated with such groups or individuals; and
       ``(B) includes weapons of mass destruction information.''; 
     and
       (E) by adding at the end the following:
       ``(6) Weapons of mass destruction information.--The term 
     `weapons of mass destruction information' means information 
     that could reasonably be expected to assist in the 
     development, proliferation, or use of a weapon of mass 
     destruction (including a chemical, biological, radiological, 
     or nuclear weapon) that could be used by a terrorist or a 
     terrorist organization against the United States, including 
     information about the location of any stockpile of nuclear 
     materials that could be exploited for use in such a weapon 
     that could be used by a terrorist or a terrorist organization 
     against the United States.'';
       (2) in subsection (b)(2)--
       (A) in subparagraph (H), by striking ``and'' at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(J) integrates the information within the scope of the 
     information sharing environment, including any such 
     information in legacy technologies;
       ``(K) integrates technologies, including all legacy 
     technologies, through Internet-based services, consistent 
     with appropriate security protocols and safeguards, to enable 
     connectivity among required users at the Federal, State, and 
     local levels;
       ``(L) allows the full range of analytic and operational 
     activities without the need to centralize information within 
     the scope of the information sharing environment;
       ``(M) permits analysts to collaborate both independently 
     and in a group (commonly known as `collective and 
     noncollective collaboration'), and across multiple levels of 
     national security information and controlled unclassified 
     information;
       ``(N) provides a resolution process that enables changes by 
     authorized officials regarding rules and policies for the 
     access, use, and retention of information within the scope of 
     the information sharing environment; and
       ``(O) incorporates continuous, real-time, and immutable 
     audit capabilities, to the maximum extent practicable.'';
       (3) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking ``during the two-year period beginning on 
     the date of designation under this paragraph unless sooner 
     removed from service and replaced'' and inserting ``until 
     removed from service or replaced''; and
       (ii) by striking ``The program manager shall have and 
     exercise governmentwide authority.'' and inserting ``The 
     program manager, in consultation with the head of any 
     affected department or agency, shall have and exercise 
     governmentwide authority over the sharing of information 
     within the scope of the information sharing environment, 
     including homeland security information, terrorism 
     information, and weapons of mass destruction information, by 
     all Federal departments, agencies, and components, 
     irrespective of the Federal department, agency, or component 
     in which the program manager may be administratively located, 
     except as otherwise expressly provided by law.''; and
       (B) in paragraph (2)(A)--
       (i) by redesignating clause (iii) as clause (v); and
       (ii) by striking clause (ii) and inserting the following:
       ``(ii) assist in the development of policies, as 
     appropriate, to foster the development and proper operation 
     of the ISE;
       ``(iii) consistent with the direction and policies issued 
     by the President, the Director of National Intelligence, and 
     the Director of the Office of Management and Budget, issue 
     governmentwide procedures, guidelines, instructions, and 
     functional standards, as appropriate, for the management, 
     development, and proper operation of the ISE;
       ``(iv) identify and resolve information sharing disputes 
     between Federal departments, agencies, and components; and'';
       (4) in subsection (g)--
       (A) in paragraph (1), by striking ``during the two-year 
     period beginning on the date of the initial designation of 
     the program manager by the President under subsection (f)(1), 
     unless sooner removed from service and replaced'' and 
     inserting ``until removed from service or replaced'';
       (B) in paragraph (2)--
       (i) in subparagraph (F), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (G) as subparagraph (I); 
     and
       (iii) by inserting after subparagraph (F) the following:
       ``(G) assist the program manager in identifying and 
     resolving information sharing disputes between Federal 
     departments, agencies, and components;
       ``(H) identify appropriate personnel for assignment to the 
     program manager to support staffing needs identified by the 
     program manager; and'';
       (C) in paragraph (4), by inserting ``(including any 
     subsidiary group of the Information Sharing Council)'' before 
     ``shall not be subject''; and
       (D) by adding at the end the following:
       ``(5) Detailees.--Upon a request by the Director of 
     National Intelligence, the departments and agencies 
     represented on the Information Sharing Council shall detail 
     to the program manager, on a reimbursable basis, appropriate 
     personnel identified under paragraph (2)(H).'';
       (5) in subsection (h)(1), by striking ``and annually 
     thereafter'' and inserting ``and not later than June 30 of 
     each year thereafter''; and
       (6) by striking subsection (j) and inserting the following:
       ``(j) Report on the Information Sharing Environment.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the President shall report to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Select Committee on Intelligence of the 
     Senate, the Committee on Homeland Security of the House of 
     Representatives, and the Permanent Select Committee on 
     Intelligence of the House of Representatives on the 
     feasibility of--
       ``(A) eliminating the use of any marking or process 
     (including `Originator Control') intended to, or having the 
     effect of, restricting the sharing of information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, between and among 
     participants in the

[[Page 20657]]

     information sharing environment, unless the President has--
       ``(i) specifically exempted categories of information from 
     such elimination; and
       ``(ii) reported that exemption to the committees of 
     Congress described in the matter preceding this subparagraph; 
     and
       ``(B) continuing to use Federal agency standards in effect 
     on such date of enactment for the collection, sharing, and 
     access to information within the scope of the information 
     sharing environment, including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information, relating to citizens and lawful permanent 
     residents;
       ``(C) replacing the standards described in subparagraph (B) 
     with a standard that would allow mission-based or threat-
     based permission to access or share information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, for a particular 
     purpose that the Federal Government, through an appropriate 
     process established in consultation with the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061, has determined to be lawfully permissible for a 
     particular agency, component, or employee (commonly known as 
     an `authorized use' standard); and
       ``(D) the use of anonymized data by Federal departments, 
     agencies, or components collecting, possessing, 
     disseminating, or handling information within the scope of 
     the information sharing environment, including homeland 
     security information, terrorism information, and weapons of 
     mass destruction information, in any cases in which--
       ``(i) the use of such information is reasonably expected to 
     produce results materially equivalent to the use of 
     information that is transferred or stored in a non-anonymized 
     form; and
       ``(ii) such use is consistent with any mission of that 
     department, agency, or component (including any mission under 
     a Federal statute or directive of the President) that 
     involves the storage, retention, sharing, or exchange of 
     personally identifiable information.
       ``(2) Definition.--In this subsection, the term `anonymized 
     data' means data in which the individual to whom the data 
     pertains is not identifiable with reasonable efforts, 
     including information that has been encrypted or hidden 
     through the use of other technology.
       ``(k) Additional Positions.--The program manager is 
     authorized to hire not more than 40 full-time employees to 
     assist the program manager in--
       ``(1) activities associated with the implementation of the 
     information sharing environment, including--
       ``(A) implementing the requirements under subsection 
     (b)(2); and
       ``(B) any additional implementation initiatives to enhance 
     and expedite the creation of the information sharing 
     environment; and
       ``(2) identifying and resolving information sharing 
     disputes between Federal departments, agencies, and 
     components under subsection (f)(2)(A)(iv).
       ``(l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 2008 and 2009.''.

     Subtitle B--Homeland Security Information Sharing Partnerships

     SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
                   REGIONAL FUSION CENTER INITIATIVE.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, 
                   AND REGIONAL FUSION CENTER INITIATIVE.

       ``(a) Establishment.--The Secretary, in consultation with 
     the program manager of the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
     General, the Privacy Officer of the Department, the Officer 
     for Civil Rights and Civil Liberties of the Department, and 
     the Privacy and Civil Liberties Oversight Board established 
     under section 1061 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
     Department of Homeland Security State, Local, and Regional 
     Fusion Center Initiative to establish partnerships with 
     State, local, and regional fusion centers.
       ``(b) Department Support and Coordination.--Through the 
     Department of Homeland Security State, Local, and Regional 
     Fusion Center Initiative, and in coordination with the 
     principal officials of participating State, local, or 
     regional fusion centers and the officers designated as the 
     Homeland Security Advisors of the States, the Secretary 
     shall--
       ``(1) provide operational and intelligence advice and 
     assistance to State, local, and regional fusion centers;
       ``(2) support efforts to include State, local, and regional 
     fusion centers into efforts to establish an information 
     sharing environment;
       ``(3) conduct tabletop and live training exercises to 
     regularly assess the capability of individual and regional 
     networks of State, local, and regional fusion centers to 
     integrate the efforts of such networks with the efforts of 
     the Department;
       ``(4) coordinate with other relevant Federal entities 
     engaged in homeland security-related activities;
       ``(5) provide analytic and reporting advice and assistance 
     to State, local, and regional fusion centers;
       ``(6) review information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, that is gathered by State, local, 
     and regional fusion centers, and to incorporate such 
     information, as appropriate, into the Department's own such 
     information;
       ``(7) provide management assistance to State, local, and 
     regional fusion centers;
       ``(8) serve as a point of contact to ensure the 
     dissemination of information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information;
       ``(9) facilitate close communication and coordination 
     between State, local, and regional fusion centers and the 
     Department;
       ``(10) provide State, local, and regional fusion centers 
     with expertise on Department resources and operations;
       ``(11) provide training to State, local, and regional 
     fusion centers and encourage such fusion centers to 
     participate in terrorism threat-related exercises conducted 
     by the Department; and
       ``(12) carry out such other duties as the Secretary 
     determines are appropriate.
       ``(c) Personnel Assignment.--
       ``(1) In general.--The Under Secretary for Intelligence and 
     Analysis shall, to the maximum extent practicable, assign 
     officers and intelligence analysts from components of the 
     Department to participating State, local, and regional fusion 
     centers.
       ``(2) Personnel sources.--Officers and intelligence 
     analysts assigned to participating fusion centers under this 
     subsection may be assigned from the following Department 
     components, in coordination with the respective component 
     head and in consultation with the principal officials of 
     participating fusion centers:
       ``(A) Office of Intelligence and Analysis.
       ``(B) Office of Infrastructure Protection.
       ``(C) Transportation Security Administration.
       ``(D) United States Customs and Border Protection.
       ``(E) United States Immigration and Customs Enforcement.
       ``(F) United States Coast Guard.
       ``(G) Other components of the Department, as determined by 
     the Secretary.
       ``(3) Qualifying criteria.--
       ``(A) In general.--The Secretary shall develop qualifying 
     criteria for a fusion center to participate in the assigning 
     of Department officers or intelligence analysts under this 
     section.
       ``(B) Criteria.--Any criteria developed under subparagraph 
     (A) may include--
       ``(i) whether the fusion center, through its mission and 
     governance structure, focuses on a broad counterterrorism 
     approach, and whether that broad approach is pervasive 
     through all levels of the organization;
       ``(ii) whether the fusion center has sufficient numbers of 
     adequately trained personnel to support a broad 
     counterterrorism mission;
       ``(iii) whether the fusion center has--

       ``(I) access to relevant law enforcement, emergency 
     response, private sector, open source, and national security 
     data; and
       ``(II) the ability to share and analytically utilize that 
     data for lawful purposes;

       ``(iv) whether the fusion center is adequately funded by 
     the State, local, or regional government to support its 
     counterterrorism mission; and
       ``(v) the relevancy of the mission of the fusion center to 
     the particular source component of Department officers or 
     intelligence analysts.
       ``(4) Prerequisite.--
       ``(A) Intelligence analysis, privacy, and civil liberties 
     training.--Before being assigned to a fusion center under 
     this section, an officer or intelligence analyst shall 
     undergo--
       ``(i) appropriate intelligence analysis or information 
     sharing training using an intelligence-led policing 
     curriculum that is consistent with--

       ``(I) standard training and education programs offered to 
     Department law enforcement and intelligence personnel; and
       ``(II) the Criminal Intelligence Systems Operating Policies 
     under part 23 of title 28, Code of Federal Regulations (or 
     any corresponding similar rule or regulation);

       ``(ii) appropriate privacy and civil liberties training 
     that is developed, supported, or sponsored by the Privacy 
     Officer appointed under section 222 and the Officer for Civil 
     Rights and Civil Liberties of the Department, in consultation 
     with the Privacy and Civil Liberties Oversight Board 
     established under section 1061 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and
       ``(iii) such other training prescribed by the Under 
     Secretary for Intelligence and Analysis.
       ``(B) Prior work experience in area.--In determining the 
     eligibility of an officer or intelligence analyst to be 
     assigned to a fusion center under this section, the Under 
     Secretary for Intelligence and Analysis shall consider the 
     familiarity of the officer or intelligence analyst with the 
     State, locality, or region, as determined by such factors as 
     whether the officer or intelligence analyst--
       ``(i) has been previously assigned in the geographic area; 
     or
       ``(ii) has previously worked with intelligence officials or 
     law enforcement or other emergency response providers from 
     that State, locality, or region.
       ``(5) Expedited security clearance processing.--The Under 
     Secretary for Intelligence and Analysis--

[[Page 20658]]

       ``(A) shall ensure that each officer or intelligence 
     analyst assigned to a fusion center under this section has 
     the appropriate security clearance to contribute effectively 
     to the mission of the fusion center; and
       ``(B) may request that security clearance processing be 
     expedited for each such officer or intelligence analyst and 
     may use available funds for such purpose.
       ``(6) Further qualifications.--Each officer or intelligence 
     analyst assigned to a fusion center under this section shall 
     satisfy any other qualifications the Under Secretary for 
     Intelligence and Analysis may prescribe.
       ``(d) Responsibilities.--An officer or intelligence analyst 
     assigned to a fusion center under this section shall--
       ``(1) assist law enforcement agencies and other emergency 
     response providers of State, local, and tribal governments 
     and fusion center personnel in using information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, to develop a 
     comprehensive and accurate threat picture;
       ``(2) review homeland security-relevant information from 
     law enforcement agencies and other emergency response 
     providers of State, local, and tribal government;
       ``(3) create intelligence and other information products 
     derived from such information and other homeland security-
     relevant information provided by the Department; and
       ``(4) assist in the dissemination of such products, as 
     coordinated by the Under Secretary for Intelligence and 
     Analysis, to law enforcement agencies and other emergency 
     response providers of State, local, and tribal government, 
     other fusion centers, and appropriate Federal agencies.
       ``(e) Border Intelligence Priority.--
       ``(1) In general.--The Secretary shall make it a priority 
     to assign officers and intelligence analysts under this 
     section from United States Customs and Border Protection, 
     United States Immigration and Customs Enforcement, and the 
     Coast Guard to participating State, local, and regional 
     fusion centers located in jurisdictions along land or 
     maritime borders of the United States in order to enhance the 
     integrity of and security at such borders by helping Federal, 
     State, local, and tribal law enforcement authorities to 
     identify, investigate, and otherwise interdict persons, 
     weapons, and related contraband that pose a threat to 
     homeland security.
       ``(2) Border intelligence products.--When performing the 
     responsibilities described in subsection (d), officers and 
     intelligence analysts assigned to participating State, local, 
     and regional fusion centers under this section shall have, as 
     a primary responsibility, the creation of border intelligence 
     products that--
       ``(A) assist State, local, and tribal law enforcement 
     agencies in deploying their resources most efficiently to 
     help detect and interdict terrorists, weapons of mass 
     destruction, and related contraband at land or maritime 
     borders of the United States;
       ``(B) promote more consistent and timely sharing of border 
     security-relevant information among jurisdictions along land 
     or maritime borders of the United States; and
       ``(C) enhance the Department's situational awareness of the 
     threat of acts of terrorism at or involving the land or 
     maritime borders of the United States.
       ``(f) Database Access.--In order to fulfill the objectives 
     described under subsection (d), each officer or intelligence 
     analyst assigned to a fusion center under this section shall 
     have appropriate access to all relevant Federal databases and 
     information systems, consistent with any policies, 
     guidelines, procedures, instructions, or standards 
     established by the President or, as appropriate, the program 
     manager of the information sharing environment for the 
     implementation and management of that environment.
       ``(g) Consumer Feedback.--
       ``(1) In general.--The Secretary shall create a voluntary 
     mechanism for any State, local, or tribal law enforcement 
     officer or other emergency response provider who is a 
     consumer of the intelligence or other information products 
     referred to in subsection (d) to provide feedback to the 
     Department on the quality and utility of such intelligence 
     products.
       ``(2) Report.--Not later than one year after the date of 
     the enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, and annually thereafter, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     that includes a description of the consumer feedback obtained 
     under paragraph (1) and, if applicable, how the Department 
     has adjusted its production of intelligence products in 
     response to that consumer feedback.
       ``(h) Rule of Construction.--
       ``(1) In general.--The authorities granted under this 
     section shall supplement the authorities granted under 
     section 201(d) and nothing in this section shall be construed 
     to abrogate the authorities granted under section 201(d).
       ``(2) Participation.--Nothing in this section shall be 
     construed to require a State, local, or regional government 
     or entity to accept the assignment of officers or 
     intelligence analysts of the Department into the fusion 
     center of that State, locality, or region.
       ``(i) Guidelines.--The Secretary, in consultation with the 
     Attorney General, shall establish guidelines for fusion 
     centers created and operated by State and local governments, 
     to include standards that any such fusion center shall--
       ``(1) collaboratively develop a mission statement, identify 
     expectations and goals, measure performance, and determine 
     effectiveness for that fusion center;
       ``(2) create a representative governance structure that 
     includes law enforcement officers and other emergency 
     response providers and, as appropriate, the private sector;
       ``(3) create a collaborative environment for the sharing of 
     intelligence and information among Federal, State, local, and 
     tribal government agencies (including law enforcement 
     officers and other emergency response providers), the private 
     sector, and the public, consistent with any policies, 
     guidelines, procedures, instructions, or standards 
     established by the President or, as appropriate, the program 
     manager of the information sharing environment;
       ``(4) leverage the databases, systems, and networks 
     available from public and private sector entities, in 
     accordance with all applicable laws, to maximize information 
     sharing;
       ``(5) develop, publish, and adhere to a privacy and civil 
     liberties policy consistent with Federal, State, and local 
     law;
       ``(6) provide, in coordination with the Privacy Officer of 
     the Department and the Officer for Civil Rights and Civil 
     Liberties of the Department, appropriate privacy and civil 
     liberties training for all State, local, tribal, and private 
     sector representatives at the fusion center;
       ``(7) ensure appropriate security measures are in place for 
     the facility, data, and personnel;
       ``(8) select and train personnel based on the needs, 
     mission, goals, and functions of that fusion center;
       ``(9) offer a variety of intelligence and information 
     services and products to recipients of fusion center 
     intelligence and information; and
       ``(10) incorporate law enforcement officers, other 
     emergency response providers, and, as appropriate, the 
     private sector, into all relevant phases of the intelligence 
     and fusion process, consistent with the mission statement 
     developed under paragraph (1), either through full time 
     representatives or liaison relationships with the fusion 
     center to enable the receipt and sharing of information and 
     intelligence.
       ``(j) Definitions.--In this section--
       ``(1) the term `fusion center' means a collaborative effort 
     of 2 or more Federal, State, local, or tribal government 
     agencies that combines resources, expertise, or information 
     with the goal of maximizing the ability of such agencies to 
     detect, prevent, investigate, apprehend, and respond to 
     criminal or terrorist activity;
       ``(2) the term `information sharing environment' means the 
     information sharing environment established under section 
     1016 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (6 U.S.C. 485);
       ``(3) the term `intelligence analyst' means an individual 
     who regularly advises, administers, supervises, or performs 
     work in the collection, gathering, analysis, evaluation, 
     reporting, production, or dissemination of information on 
     political, economic, social, cultural, physical, 
     geographical, scientific, or military conditions, trends, or 
     forces in foreign or domestic areas that directly or 
     indirectly affect national security;
       ``(4) the term `intelligence-led policing' means the 
     collection and analysis of information to produce an 
     intelligence end product designed to inform law enforcement 
     decision making at the tactical and strategic levels; and
       ``(5) the term `terrorism information' has the meaning 
     given that term in section 1016 of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
       ``(k) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 for each of fiscal years 2008 
     through 2012, to carry out this section, except for 
     subsection (i), including for hiring officers and 
     intelligence analysts to replace officers and intelligence 
     analysts who are assigned to fusion centers under this 
     section.''.
       (b) Training for Predeployed Officers and Analysts.--An 
     officer or analyst assigned to a fusion center by the 
     Secretary of Homeland Security before the date of the 
     enactment of this Act shall undergo the training described in 
     section 210A(c)(4)(A) of the Homeland Security Act of 2002, 
     as added by subsection (a), by not later than six months 
     after such date.
       (c) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is further amended by inserting after 
     the item relating to section 210 the following:

       ``Sec. 210A.Department of Homeland Security State, Local, 
           and Regional Information Fusion Center Initiative.''.

       (d) Reports.--
       (1) Concept of operations.--Not later than 90 days after 
     the date of enactment of this Act and before the Department 
     of Homeland Security State, Local, and Regional Fusion Center 
     Initiative under section 210A of the Homeland Security Act of 
     2002, as added by subsection (a), (in this section referred 
     to as the ``program'') has been implemented, the Secretary, 
     in consultation with the Privacy Officer of the Department, 
     the Officer for Civil Rights and Civil Liberties of the 
     Department, and the Privacy and Civil Liberties Oversight 
     Board established under section 1061 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
     note), shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     that contains a concept of operations for the program, which 
     shall--

[[Page 20659]]

       (A) include a clear articulation of the purposes, goals, 
     and specific objectives for which the program is being 
     developed;
       (B) identify stakeholders in the program and provide an 
     assessment of their needs;
       (C) contain a developed set of quantitative metrics to 
     measure, to the extent possible, program output;
       (D) contain a developed set of qualitative instruments 
     (including surveys and expert interviews) to assess the 
     extent to which stakeholders believe their needs are being 
     met; and
       (E) include a privacy and civil liberties impact 
     assessment.
       (2) Privacy and civil liberties.--Not later than 1 year 
     after the date of the enactment of this Act, the Privacy 
     Officer of the Department of Homeland Security and the 
     Officer for Civil Liberties and Civil Rights of the 
     Department of Homeland Security, consistent with any policies 
     of the Privacy and Civil Liberties Oversight Board 
     established under section 1061 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives, the Secretary of Homeland 
     Security, the Under Secretary of Homeland Security for 
     Intelligence and Analysis, and the Privacy and Civil 
     Liberties Oversight Board a report on the privacy and civil 
     liberties impact of the program.

     SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS 
                   PROGRAM.

       (a) Establishment of Program.--Subtitle A of title II of 
     the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS 
                   PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the Under 
     Secretary for Intelligence and Analysis, and in consultation 
     with the Chief Human Capital Officer, shall establish a 
     fellowship program in accordance with this section for the 
     purpose of--
       ``(A) detailing State, local, and tribal law enforcement 
     officers and intelligence analysts to the Department in 
     accordance with subchapter VI of chapter 33 of title 5, 
     United States Code, to participate in the work of the Office 
     of Intelligence and Analysis in order to become familiar 
     with--
       ``(i) the relevant missions and capabilities of the 
     Department and other Federal agencies; and
       ``(ii) the role, programs, products, and personnel of the 
     Office of Intelligence and Analysis; and
       ``(B) promoting information sharing between the Department 
     and State, local, and tribal law enforcement officers and 
     intelligence analysts by assigning such officers and analysts 
     to--
       ``(i) serve as a point of contact in the Department to 
     assist in the representation of State, local, and tribal 
     information requirements;
       ``(ii) identify information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, that is of interest to State, local, 
     and tribal law enforcement officers, intelligence analysts, 
     and other emergency response providers;
       ``(iii) assist Department analysts in preparing and 
     disseminating products derived from information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, that are tailored to 
     State, local, and tribal law enforcement officers and 
     intelligence analysts and designed to prepare for and thwart 
     acts of terrorism; and
       ``(iv) assist Department analysts in preparing products 
     derived from information within the scope of the information 
     sharing environment, including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information, that are tailored to State, local, and tribal 
     emergency response providers and assist in the dissemination 
     of such products through appropriate Department channels.
       ``(2) Program name.--The program under this section shall 
     be known as the `Homeland Security Information Sharing 
     Fellows Program'.
       ``(b) Eligibility.--
       ``(1) In general.--In order to be eligible for selection as 
     an Information Sharing Fellow under the program under this 
     section, an individual shall--
       ``(A) have homeland security-related responsibilities;
       ``(B) be eligible for an appropriate security clearance;
       ``(C) possess a valid need for access to classified 
     information, as determined by the Under Secretary for 
     Intelligence and Analysis;
       ``(D) be an employee of an eligible entity; and
       ``(E) have undergone appropriate privacy and civil 
     liberties training that is developed, supported, or sponsored 
     by the Privacy Officer and the Officer for Civil Rights and 
     Civil Liberties, in consultation with the Privacy and Civil 
     Liberties Oversight Board established under section 1061 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (5 U.S.C. 601 note).
       ``(2) Eligible entities.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State, local, or regional fusion center;
       ``(B) a State or local law enforcement or other government 
     entity that serves a major metropolitan area, suburban area, 
     or rural area, as determined by the Secretary;
       ``(C) a State or local law enforcement or other government 
     entity with port, border, or agricultural responsibilities, 
     as determined by the Secretary;
       ``(D) a tribal law enforcement or other authority; or
       ``(E) such other entity as the Secretary determines is 
     appropriate.
       ``(c) Optional Participation.--No State, local, or tribal 
     law enforcement or other government entity shall be required 
     to participate in the Homeland Security Information Sharing 
     Fellows Program.
       ``(d) Procedures for Nomination and Selection.--
       ``(1) In general.--The Under Secretary for Intelligence and 
     Analysis shall establish procedures to provide for the 
     nomination and selection of individuals to participate in the 
     Homeland Security Information Sharing Fellows Program.
       ``(2) Limitations.--The Under Secretary for Intelligence 
     and Analysis shall--
       ``(A) select law enforcement officers and intelligence 
     analysts representing a broad cross-section of State, local, 
     and tribal agencies; and
       ``(B) ensure that the number of Information Sharing Fellows 
     selected does not impede the activities of the Office of 
     Intelligence and Analysis.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is further amended by inserting after 
     the item relating to section 210A the following:

       ``Sec. 210B. Homeland Security Information Sharing Fellows 
           Program.''.

       (c) Reports.--
       (1) Concept of operations.--Not later than 90 days after 
     the date of enactment of this Act, and before the 
     implementation of the Homeland Security Information Sharing 
     Fellows Program under section 210B of the Homeland Security 
     Act of 2002, as added by subsection (a), (in this section 
     referred to as the ``Program'') the Secretary, in 
     consultation with the Privacy Officer of the Department, the 
     Officer for Civil Rights and Civil Liberties of the 
     Department, and the Privacy and Civil Liberties Oversight 
     Board established under section 1061 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
     note), shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     that contains a concept of operations for the Program, which 
     shall include a privacy and civil liberties impact 
     assessment.
       (2) Review of privacy impact.--Not later than 1 year after 
     the date on which the program is implemented, the Privacy 
     Officer of the Department and the Officer for Civil Rights 
     and Civil Liberties of the Department, consistent with any 
     policies of the Privacy and Civil Liberties Oversight Board 
     established under section 1061 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives, the Secretary of Homeland 
     Security, the Under Secretary of Homeland Security for 
     Intelligence and Analysis, and the Privacy and Civil 
     Liberties Oversight Board, a report on the privacy and civil 
     liberties impact of the program.

     SEC. 513. RURAL POLICING INSTITUTE.

       (a) Establishment.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 210C. RURAL POLICING INSTITUTE.

       ``(a) In General.--The Secretary shall establish a Rural 
     Policing Institute, which shall be administered by the 
     Federal Law Enforcement Training Center, to target training 
     to law enforcement agencies and other emergency response 
     providers located in rural areas. The Secretary, through the 
     Rural Policing Institute, shall--
       ``(1) evaluate the needs of law enforcement agencies and 
     other emergency response providers in rural areas;
       ``(2) develop expert training programs designed to address 
     the needs of law enforcement agencies and other emergency 
     response providers in rural areas as identified in the 
     evaluation conducted under paragraph (1), including training 
     programs about intelligence-led policing and protections for 
     privacy, civil rights, and civil liberties;
       ``(3) provide the training programs developed under 
     paragraph (2) to law enforcement agencies and other emergency 
     response providers in rural areas; and
       ``(4) conduct outreach efforts to ensure that local and 
     tribal governments in rural areas are aware of the training 
     programs developed under paragraph (2) so they can avail 
     themselves of such programs.
       ``(b) Curricula.--The training at the Rural Policing 
     Institute established under subsection (a) shall--
       ``(1) be configured in a manner so as not to duplicate or 
     displace any law enforcement or emergency response program of 
     the Federal Law Enforcement Training Center or a local or 
     tribal government entity in existence on the date of 
     enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007; and
       ``(2) to the maximum extent practicable, be delivered in a 
     cost-effective manner at facilities of the Department, on 
     closed military installations with adequate training 
     facilities, or at facilities operated by the participants.
       ``(c) Definition.--In this section, the term `rural' means 
     an area that is not located in a metropolitan statistical 
     area, as defined by the Office of Management and Budget.

[[Page 20660]]

       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     (including for contracts, staff, and equipment)--
       ``(1) $10,000,000 for fiscal year 2008; and
       ``(2) $5,000,000 for each of fiscal years 2009 through 
     2013.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is further amended by inserting after the 
     item relating to section 210B the following:

``Sec. 210C. Rural Policing Institute.''.

    Subtitle C--Interagency Threat Assessment and Coordination Group

     SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 
                   GROUP.

       (a) Establishment.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 
                   GROUP.

       ``(a) In General.--To improve the sharing of information 
     within the scope of the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, 
     local, tribal, and private sector officials, the Director of 
     National Intelligence, through the program manager for the 
     information sharing environment, in coordination with the 
     Secretary, shall coordinate and oversee the creation of an 
     Interagency Threat Assessment and Coordination Group 
     (referred to in this section as the `ITACG').
       ``(b) Composition of ITACG.--The ITACG shall consist of--
       ``(1) an ITACG Advisory Council to set policy and develop 
     processes for the integration, analysis, and dissemination of 
     federally-coordinated information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information; and
       ``(2) an ITACG Detail comprised of State, local, and tribal 
     homeland security and law enforcement officers and 
     intelligence analysts detailed to work in the National 
     Counterterrorism Center with Federal intelligence analysts 
     for the purpose of integrating, analyzing, and assisting in 
     the dissemination of federally-coordinated information within 
     the scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, through appropriate 
     channels identified by the ITACG Advisory Council.
       ``(c) Responsibilities of Program Manager.--The program 
     manager, in consultation with the Information Sharing 
     Council, shall--
       ``(1) monitor and assess the efficacy of the ITACG; and
       ``(2) not later than 180 days after the date of the 
     enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, and at least annually thereafter, 
     submit to the Secretary, the Attorney General, the Director 
     of National Intelligence, the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the progress of the ITACG.
       ``(d) Responsibilities of Secretary.--The Secretary, or the 
     Secretary's designee, in coordination with the Director of 
     the National Counterterrorism Center and the ITACG Advisory 
     Council, shall--
       ``(1) create policies and standards for the creation of 
     information products derived from information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, that are suitable 
     for dissemination to State, local, and tribal governments and 
     the private sector;
       ``(2) evaluate and develop processes for the timely 
     dissemination of federally-coordinated information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, to State, local, and 
     tribal governments and the private sector;
       ``(3) establish criteria and a methodology for indicating 
     to State, local, and tribal governments and the private 
     sector the reliability of information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, disseminated to them;
       ``(4) educate the intelligence community about the 
     requirements of the State, local, and tribal homeland 
     security, law enforcement, and other emergency response 
     providers regarding information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information;
       ``(5) establish and maintain the ITACG Detail, which shall 
     assign an appropriate number of State, local, and tribal 
     homeland security and law enforcement officers and 
     intelligence analysts to work in the National 
     Counterterrorism Center who shall--
       ``(A) educate and advise National Counterterrorism Center 
     intelligence analysts about the requirements of the State, 
     local, and tribal homeland security and law enforcement 
     officers, and other emergency response providers regarding 
     information within the scope of the information sharing 
     environment, including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information;
       ``(B) assist National Counterterrorism Center intelligence 
     analysts in integrating, analyzing, and otherwise preparing 
     versions of products derived from information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information that are unclassified 
     or classified at the lowest possible level and suitable for 
     dissemination to State, local, and tribal homeland security 
     and law enforcement agencies in order to help deter and 
     prevent terrorist attacks;
       ``(C) implement, in coordination with National 
     Counterterrorism Center intelligence analysts, the policies, 
     processes, procedures, standards, and guidelines developed by 
     the ITACG Advisory Council;
       ``(D) assist in the dissemination of products derived from 
     information within the scope of the information sharing 
     environment, including homeland security information, 
     terrorism information, and weapons of mass destruction 
     information, to State, local, and tribal jurisdictions only 
     through appropriate channels identified by the ITACG Advisory 
     Council; and
       ``(E) report directly to the senior intelligence official 
     from the Department under paragraph (6);
       ``(6) detail a senior intelligence official from the 
     Department of Homeland Security to the National 
     Counterterrorism Center, who shall--
       ``(A) manage the day-to-day operations of the ITACG Detail;
       ``(B) report directly to the Director of the National 
     Counterterrorism Center or the Director's designee; and
       ``(C) in coordination with the Director of the Federal 
     Bureau of Investigation, and subject to the approval of the 
     Director of the National Counterterrorism Center, select a 
     deputy from the pool of available detailees from the Federal 
     Bureau of Investigation in the National Counterterrorism 
     Center; and
       ``(7) establish, within the ITACG Advisory Council, a 
     mechanism to select law enforcement officers and intelligence 
     analysts for placement in the National Counterterrorism 
     Center consistent with paragraph (5), using criteria 
     developed by the ITACG Advisory Council that shall encourage 
     participation from a broadly representative group of State, 
     local, and tribal homeland security and law enforcement 
     agencies.
       ``(e) Membership.--The Secretary, or the Secretary's 
     designee, shall serve as the chair of the ITACG Advisory 
     Council, which shall include--
       ``(1) representatives of--
       ``(A) the Department;
       ``(B) the Federal Bureau of Investigation;
       ``(C) the National Counterterrorism Center;
       ``(D) the Department of Defense;
       ``(E) the Department of Energy;
       ``(F) the Department of State; and
       ``(G) other Federal entities as appropriate;
       ``(2) the program manager of the information sharing 
     environment, designated under section 1016(f) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 485(f)), or the program manager's designee; and
       ``(3) executive level law enforcement and intelligence 
     officials from State, local, and tribal governments.
       ``(f) Criteria.--The Secretary, in consultation with the 
     Director of National Intelligence, the Attorney General, and 
     the program manager of the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--
       ``(1) establish procedures for selecting members of the 
     ITACG Advisory Council and for the proper handling and 
     safeguarding of products derived from information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, by those members; 
     and
       ``(2) ensure that at least 50 percent of the members of the 
     ITACG Advisory Council are from State, local, and tribal 
     governments.
       ``(g) Operations.--
       ``(1) In general.--Beginning not later than 90 days after 
     the date of enactment of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007, the ITACG Advisory Council 
     shall meet regularly, but not less than quarterly, at the 
     facilities of the National Counterterrorism Center of the 
     Office of the Director of National Intelligence.
       ``(2) Management.--Pursuant to section 119(f)(E) of the 
     National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the 
     Director of the National Counterterrorism Center, acting 
     through the senior intelligence official from the Department 
     of Homeland Security detailed pursuant to subsection (d)(6), 
     shall ensure that--
       ``(A) the products derived from information within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, and 
     weapons of mass destruction information, prepared by the 
     National Counterterrorism Center and the ITACG Detail for 
     distribution to State, local, and tribal homeland security 
     and law enforcement agencies reflect the requirements of such 
     agencies and are produced consistently with the policies, 
     processes, procedures, standards, and guidelines established 
     by the ITACG Advisory Council;
       ``(B) in consultation with the ITACG Advisory Council and 
     consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of 
     the National Security Act of 1947 (50 U.S.C. 402 et seq.), 
     all products described in subparagraph (A) are disseminated 
     through existing channels of the Department and the 
     Department of Justice and other appropriate channels to 
     State, local, and tribal government officials and other 
     entities;
       ``(C) all detailees under subsection (d)(5) have 
     appropriate access to all relevant information

[[Page 20661]]

     within the scope of the information sharing environment, 
     including homeland security information, terrorism 
     information, and weapons of mass destruction information, 
     available at the National Counterterrorism Center in order to 
     accomplish the objectives under that paragraph;
       ``(D) all detailees under subsection (d)(5) have the 
     appropriate security clearances and are trained in the 
     procedures for handling, processing, storing, and 
     disseminating classified products derived from information 
     within the scope of the information sharing environment, 
     including homeland security information, terrorism 
     information, and weapons of mass destruction information; and
       ``(E) all detailees under subsection (d)(5) complete 
     appropriate privacy and civil liberties training.
       ``(h) Inapplicability of the Federal Advisory Committee 
     Act.--The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the ITACG or any subsidiary groups 
     thereof.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2008 through 2012 to carry out this 
     section, including to obtain security clearances for the 
     State, local, and tribal participants in the ITACG.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 210C the following:

``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.
       (c) Privacy and Civil Liberties Impact Assessment.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Privacy Officer and the Officer for Civil Rights and 
     Civil Liberties of the Department of Homeland Security and 
     the Chief Privacy and Civil Liberties Officer for the 
     Department of Justice, in consultation with the Civil 
     Liberties Protection Officer of the Office of the Director of 
     National Intelligence, shall submit to the Secretary of 
     Homeland Security, the Director of the Federal Bureau of 
     Investigation, the Attorney General, the Director of the 
     National Counterterrorism Center, the Director of National 
     Intelligence, the Privacy and Civil Liberties Oversight 
     Board, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Homeland 
     Security of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, a privacy and civil liberties impact 
     assessment of the Interagency Threat Assessment and 
     Coordination Group under section 210D of the Homeland 
     Security Act of 2002, as added by subsection (a), including 
     the use of State, local, and tribal detailees at the National 
     Counterterrorism Center, as described in subsection (d)(5) of 
     that section.

   Subtitle D--Homeland Security Intelligence Offices Reorganization

     SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
                   INFRASTRUCTURE PROTECTION.

       (a) In General.--Section 201 of the Homeland Security Act 
     of 2002 (6 U.S.C. 201) is amended--
       (1) in the section heading, by striking ``directorate 
     for information'' and inserting 
     ``information and'';
       (2) by striking subsections (a) through (c) and inserting 
     the following:
       ``(a) Intelligence and Analysis and Infrastructure 
     Protection.--There shall be in the Department an Office of 
     Intelligence and Analysis and an Office of Infrastructure 
     Protection.
       ``(b) Under Secretary for Intelligence and Analysis and 
     Assistant Secretary for Infrastructure Protection.--
       ``(1) Office of intelligence and analysis.--The Office of 
     Intelligence and Analysis shall be headed by an Under 
     Secretary for Intelligence and Analysis, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Chief intelligence officer.--The Under Secretary for 
     Intelligence and Analysis shall serve as the Chief 
     Intelligence Officer of the Department.
       ``(3) Office of infrastructure protection.--The Office of 
     Infrastructure Protection shall be headed by an Assistant 
     Secretary for Infrastructure Protection, who shall be 
     appointed by the President.
       ``(c) Discharge of Responsibilities.--The Secretary shall 
     ensure that the responsibilities of the Department relating 
     to information analysis and infrastructure protection, 
     including those described in subsection (d), are carried out 
     through the Under Secretary for Intelligence and Analysis or 
     the Assistant Secretary for Infrastructure Protection, as 
     appropriate.'';
       (3) in subsection (d)--
       (A) in the subsection heading, by striking ``Under 
     Secretary'' and inserting ``Secretary Relating To 
     Intelligence and Analysis and Infrastructure Protection'';
       (B) in the matter preceding paragraph (1), by striking 
     ``Subject to the direction'' and all that follows through 
     ``Infrastructure Protection'' and inserting the following: 
     ``The responsibilities of the Secretary relating to 
     intelligence and analysis and infrastructure protection'';
       (C) in paragraph (9), as redesignated under section 
     510(a)(2)(A)(ii), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence'';
       (D) in paragraph (11)(B), as so redesignated, by striking 
     ``Director of Central Intelligence'' and inserting ``Director 
     of National Intelligence'';
       (E) by redesignating paragraph (18), as so redesignated, as 
     paragraph (24); and
       (F) by inserting after paragraph (17), as so redesignated, 
     the following:
       ``(18) To coordinate and enhance integration among the 
     intelligence components of the Department, including through 
     strategic oversight of the intelligence activities of such 
     components.
       ``(19) To establish the intelligence collection, 
     processing, analysis, and dissemination priorities, policies, 
     processes, standards, guidelines, and procedures for the 
     intelligence components of the Department, consistent with 
     any directions from the President and, as applicable, the 
     Director of National Intelligence.
       ``(20) To establish a structure and process to support the 
     missions and goals of the intelligence components of the 
     Department.
       ``(21) To ensure that, whenever possible, the Department--
       ``(A) produces and disseminates unclassified reports and 
     analytic products based on open-source information; and
       ``(B) produces and disseminates such reports and analytic 
     products contemporaneously with reports or analytic products 
     concerning the same or similar information that the 
     Department produced and disseminated in a classified format.
       ``(22) To establish within the Office of Intelligence and 
     Analysis an internal continuity of operations plan.
       ``(23) Based on intelligence priorities set by the 
     President, and guidance from the Secretary and, as 
     appropriate, the Director of National Intelligence--
       ``(A) to provide to the heads of each intelligence 
     component of the Department guidance for developing the 
     budget pertaining to the activities of such component; and
       ``(B) to present to the Secretary a recommendation for a 
     consolidated budget for the intelligence components of the 
     Department, together with any comments from the heads of such 
     components.'';
       (4) in subsection (e)(1)--
       (A) by striking ``Directorate'' the first place that term 
     appears and inserting ``Office of Intelligence and Analysis 
     and the Office of Infrastructure Protection''; and
       (B) by striking ``the Directorate in discharging'' and 
     inserting ``such offices in discharging'';
       (5) in subsection (f)(1), by striking ``Directorate'' and 
     inserting ``Office of Intelligence and Analysis and the 
     Office of Infrastructure Protection''; and
       (6) In subsection (g), in the matter preceding paragraph 
     (1), by striking ``Under Secretary for Information Analysis 
     and Infrastructure Protection'' and inserting ``Office of 
     Intelligence and Analysis and the Office of Infrastructure 
     Protection''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Such Act is further amended--
       (A) in section 223, by striking ``Under Secretary for 
     Information Analysis and Infrastructure Protection'' and 
     inserting ``Under Secretary for Intelligence and Analysis, in 
     cooperation with the Assistant Secretary for Infrastructure 
     Protection'';
       (B) in section 224, by striking ``Under Secretary for 
     Information Analysis and Infrastructure Protection'' and 
     inserting ``Assistant Secretary for Infrastructure 
     Protection'';
       (C) in section 302(3), by striking ``Under Secretary for 
     Information Analysis and Infrastructure Protection'' and 
     inserting ``Under Secretary for Intelligence and Analysis and 
     the Assistant Secretary for Infrastructure Protection''; and
       (D) in section 521(d)--
       (i) in paragraph (1), by striking ``Directorate for 
     Information Analysis and Infrastructure Protection'' and 
     inserting ``Office of Intelligence and Analysis''; and
       (ii) in paragraph (2), by striking ``Under Secretary for 
     Information Analysis and Infrastructure Protection'' and 
     inserting ``Under Secretary for Intelligence and Analysis''.
       (2) Additional under secretary.--Section 103(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
       (A) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (B) by inserting after paragraph (7) the following:
       ``(8) An Under Secretary responsible for overseeing 
     critical infrastructure protection, cybersecurity, and other 
     related programs of the Department.''.
       (3) Heading.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the 
     subtitle heading by striking ``Directorate for Information'' 
     and inserting ``Information and''.
       (4) Table of contents.--The Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended in the table of contents in 
     section 1(b)--
       (A) by striking the items relating to subtitle A of title 
     II and section 201 and inserting the following:

 ``Subtitle A--Information and Analysis and Infrastructure Protection; 
                         Access to Information

``Sec. 201. Information and Analysis and Infrastructure Protection.''; 
              and
       (5) National security act of 1947.--Section 106(b)(2)(I) of 
     the National Security Act of 1947 (50 U.S.C. 403-6) is 
     amended to read as follows:
       ``(I) The Under Secretary of Homeland Security for 
     Intelligence and Analysis.''.
       (c) Treatment of Incumbent.--The individual 
     administratively performing the duties of the Under Secretary 
     for Intelligence and Analysis as of the date of the enactment

[[Page 20662]]

     of this Act may continue to perform such duties after the 
     date on which the President nominates an individual to serve 
     as the Under Secretary pursuant to section 201 of the 
     Homeland Security Act of 2002, as amended by this section, 
     and until the individual so appointed assumes the duties of 
     the position

              Subtitle E--Authorization of Appropriations

     SEC. 541. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for each of fiscal 
     years 2008 through 2012 such sums as may be necessary to 
     carry out this title and the amendments made by this title.

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

     SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       (a) Amounts Appropriated Each Fiscal Year.--Not later than 
     30 days after the end of each fiscal year beginning with 
     fiscal year 2007, the Director of National Intelligence shall 
     disclose to the public the aggregate amount of funds 
     appropriated by Congress for the National Intelligence 
     Program for such fiscal year.
       (b) Waiver.--Beginning with fiscal year 2009, the President 
     may waive or postpone the disclosure required by subsection 
     (a) for any fiscal year by, not later than 30 days after the 
     end of such fiscal year, submitting to the Select Committee 
     on Intelligence of the Senate and Permanent Select Committee 
     on Intelligence of the House of Representatives--
       (1) a statement, in unclassified form, that the disclosure 
     required in subsection (a) for that fiscal year would damage 
     national security; and
       (2) a statement detailing the reasons for the waiver or 
     postponement, which may be submitted in classified form.
       (c) Definition.--As used in this section, the term 
     ``National Intelligence Program'' has the meaning given the 
     term in section 3(6) of the National Security Act of 1947 (50 
     U.S.C. 401a(6)).

     SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.

       The Public Interest Declassification Act of 2000 (50 U.S.C. 
     435 note) is amended--
       (1) by striking ``Director of Central Intelligence'' each 
     place that term appears and inserting ``Director of National 
     Intelligence'';
       (2) in section 704(e)--
       (A) by striking ``If requested'' and inserting the 
     following:
       ``(1) In general.--If requested''; and
       (B) by adding at the end the following:
       ``(2) Authority of board.--Upon receiving a congressional 
     request described in section 703(b)(5), the Board may conduct 
     the review and make the recommendations described in that 
     section, regardless of whether such a review is requested by 
     the President.
       ``(3) Reporting.--Any recommendations submitted to the 
     President by the Board under section 703(b)(5), shall be 
     submitted to the chairman and ranking minority member of the 
     committee of Congress that made the request relating to such 
     recommendations.'';
       (3) in section 705(c), in the subsection heading, by 
     striking ``Director of Central Intelligence'' and inserting 
     ``Director of National Intelligence''; and
       (4) in section 710(b), by striking ``8 years after the 
     date'' and all that follows and inserting ``on December 31, 
     2012.''.

     SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 
                   COMMISSION RECOMMENDATIONS WITH RESPECT TO 
                   INTELLIGENCE REFORM AND CONGRESSIONAL 
                   INTELLIGENCE OVERSIGHT REFORM.

       (a) Findings.--Congress makes the following findings:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States (referred to in this section as the ``9/11 
     Commission'') conducted a lengthy review of the facts and 
     circumstances relating to the terrorist attacks of September 
     11, 2001, including those relating to the intelligence 
     community, law enforcement agencies, and the role of 
     congressional oversight and resource allocation.
       (2) In its final report, the 9/11 Commission found that--
       (A) congressional oversight of the intelligence activities 
     of the United States is dysfunctional;
       (B) under the rules of the Senate and the House of 
     Representatives in effect at the time the report was 
     completed, the committees of Congress charged with oversight 
     of the intelligence activities lacked the power, influence, 
     and sustained capability to meet the daunting challenges 
     faced by the intelligence community of the United States;
       (C) as long as such oversight is governed by such rules of 
     the Senate and the House of Representatives, the people of 
     the United States will not get the security they want and 
     need;
       (D) a strong, stable, and capable congressional committee 
     structure is needed to give the intelligence community of the 
     United States appropriate oversight, support, and leadership; 
     and
       (E) the reforms recommended by the 9/11 Commission in its 
     final report will not succeed if congressional oversight of 
     the intelligence community in the United States is not 
     changed.
       (3) The 9/11 Commission recommended structural changes to 
     Congress to improve the oversight of intelligence activities.
       (4) Congress has enacted some of the recommendations made 
     by the 9/11 Commission and is considering implementing 
     additional recommendations of the 9/11 Commission.
       (5) The Senate adopted Senate Resolution 445 in the 108th 
     Congress to address some of the intelligence oversight 
     recommendations of the 9/11 Commission by abolishing term 
     limits for the members of the Select Committee on 
     Intelligence, clarifying jurisdiction for intelligence-
     related nominations, and streamlining procedures for the 
     referral of intelligence-related legislation, but other 
     aspects of the 9/11 Commission recommendations regarding 
     intelligence oversight have not been implemented.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate each, or jointly, should--
       (1) undertake a review of the recommendations made in the 
     final report of the 9/11 Commission with respect to 
     intelligence reform and congressional intelligence oversight 
     reform;
       (2) review and consider any other suggestions, options, or 
     recommendations for improving intelligence oversight; and
       (3) not later than December 21, 2007, submit to the Senate 
     a report that includes the recommendations of the committees, 
     if any, for carrying out such reforms.

     SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
                   DECLASSIFICATION BOARD.

       Section 21067 of the Continuing Appropriations Resolution, 
     2007 (division B of Public Law 109-289; 120 Stat. 1311), as 
     amended by Public Law 109-369 (120 Stat. 2642), Public Law 
     109-383 (120 Stat. 2678), and Public Law 110-5, is amended by 
     adding at the end the following new subsection:
       ``(c) From the amount provided by this section, the 
     National Archives and Records Administration may obligate 
     monies necessary to carry out the activities of the Public 
     Interest Declassification Board.''.

     SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT 
                   ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY 
                   REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 
                   11, 2001.

       (a) Public Availability.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall prepare and make available 
     to the public a version of the Executive Summary of the 
     report entitled the ``Office of Inspector General Report on 
     Central Intelligence Agency Accountability Regarding Findings 
     and Conclusions of the Joint Inquiry into Intelligence 
     Community Activities Before and After the Terrorist Attacks 
     of September 11, 2001'' issued in June 2005 that is 
     declassified to the maximum extent possible, consistent with 
     national security.
       (b) Report to Congress.--The Director of the Central 
     Intelligence Agency shall submit to Congress a classified 
     annex to the redacted Executive Summary made available under 
     subsection (a) that explains the reason that any redacted 
     material in the Executive Summary was withheld from the 
     public.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

     SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE 
                   BORDER SECURITY, ENHANCE GLOBAL DOCUMENT 
                   SECURITY, AND EXCHANGE TERRORIST INFORMATION.

       (a) Report Required.--Not later than 270 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Secretary of Homeland Security, in conjunction with the 
     Director of National Intelligence and the heads of other 
     appropriate Federal departments and agencies, shall submit to 
     the appropriate congressional committees a report on efforts 
     of the Government of the United States to collaborate with 
     international partners and allies of the United States to 
     increase border security, enhance global document security, 
     and exchange terrorism information.
       (b) Contents.--The report required by subsection (a) shall 
     outline--
       (1) all presidential directives, programs, and strategies 
     for carrying out and increasing United States Government 
     efforts described in subsection (a);
       (2) the goals and objectives of each of these efforts;
       (3) the progress made in each of these efforts; and
       (4) the projected timelines for each of these efforts to 
     become fully functional and effective.
       (c) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, the Committee on the Judiciary, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     the

[[Page 20663]]

     Judiciary, and the Select Committee on Intelligence of the 
     Senate.

                        Subtitle B--Visa Waiver

     SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.

       (a) Short Title.--This section may be cited as the ``Secure 
     Travel and Counterterrorism Partnership Act of 2007''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should modernize and strengthen the 
     security of the visa waiver program under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187) by 
     simultaneously--
       (A) enhancing program security requirements; and
       (B) extending visa-free travel privileges to nationals of 
     foreign countries that are partners in the war on terrorism--
       (i) that are actively cooperating with the United States to 
     prevent terrorist travel, including sharing counterterrorism 
     and law enforcement information; and
       (ii) whose nationals have demonstrated their compliance 
     with the provisions of the Immigration and Nationality Act 
     regarding the purpose and duration of their admission to the 
     United States; and
       (2) the modernization described in paragraph (1) will--
       (A) enhance bilateral cooperation on critical 
     counterterrorism and information sharing initiatives;
       (B) support and expand tourism and business opportunities 
     to enhance long-term economic competitiveness; and
       (C) strengthen bilateral relationships.
       (c) Discretionary Visa Waiver Program Expansion.--Section 
     217(c) of the Immigration and Nationality Act (8 U.S.C. 
     1187(c)) is amended by adding at the end the following new 
     paragraphs:
       ``(8) Nonimmigrant visa refusal rate flexibility.--
       ``(A) Certification.--
       ``(i) In general.--On the date on which an air exit system 
     is in place that can verify the departure of not less than 97 
     percent of foreign nationals who exit through airports of the 
     United States and the electronic travel authorization system 
     required under subsection (h)(3) is fully operational, the 
     Secretary of Homeland Security shall certify to Congress that 
     such air exit system and electronic travel authorization 
     system are in place.
       ``(ii) Notification to congress.--The Secretary shall 
     notify Congress in writing of the date on which the air exit 
     system under clause (i) fully satisfies the biometric 
     requirements specified in subsection (i).
       ``(iii) Temporary suspension of waiver authority.--
     Notwithstanding any certification made under clause (i), if 
     the Secretary has not notified Congress in accordance with 
     clause (ii) by June 30, 2009, the Secretary's waiver 
     authority under subparagraph (B) shall be suspended beginning 
     on July 1, 2009, until such time as the Secretary makes such 
     notification.
       ``(iv) Rule of construction.--Nothing in this paragraph 
     shall be construed as in any way abrogating the reporting 
     requirements under subsection (i)(3).
       ``(B) Waiver.--After certification by the Secretary under 
     subparagraph (A), the Secretary, in consultation with the 
     Secretary of State, may waive the application of paragraph 
     (2)(A) for a country if--
       ``(i) the country meets all security requirements of this 
     section;
       ``(ii) the Secretary of Homeland Security determines that 
     the totality of the country's security risk mitigation 
     measures provide assurance that the country's participation 
     in the program would not compromise the law enforcement, 
     security interests, or enforcement of the immigration laws of 
     the United States;
       ``(iii) there has been a sustained reduction in the rate of 
     refusals for nonimmigrant visas for nationals of the country 
     and conditions exist to continue such reduction;
       ``(iv) the country cooperated with the Government of the 
     United States on counterterrorism initiatives, information 
     sharing, and preventing terrorist travel before the date of 
     its designation as a program country, and the Secretary of 
     Homeland Security and the Secretary of State determine that 
     such cooperation will continue; and
       ``(v)(I) the rate of refusals for nonimmigrant visitor 
     visas for nationals of the country during the previous full 
     fiscal year was not more than ten percent; or
       ``(II) the visa overstay rate for the country for the 
     previous full fiscal year does not exceed the maximum visa 
     overstay rate, once such rate is established under 
     subparagraph (C).
       ``(C) Maximum visa overstay rate.--
       ``(i) Requirement to establish.--After certification by the 
     Secretary under subparagraph (A), the Secretary and the 
     Secretary of State jointly shall use information from the air 
     exit system referred to in such subparagraph to establish a 
     maximum visa overstay rate for countries participating in the 
     program pursuant to a waiver under subparagraph (B). The 
     Secretary of Homeland Security shall certify to Congress that 
     such rate would not compromise the law enforcement, security 
     interests, or enforcement of the immigration laws of the 
     United States.
       ``(ii) Visa overstay rate defined.--In this paragraph the 
     term `visa overstay rate' means, with respect to a country, 
     the ratio of--

       ``(I) the total number of nationals of that country who 
     were admitted to the United States on the basis of a 
     nonimmigrant visa whose periods of authorized stays ended 
     during a fiscal year but who remained unlawfully in the 
     United States beyond such periods; to
       ``(II) the total number of nationals of that country who 
     were admitted to the United States on the basis of a 
     nonimmigrant visa during that fiscal year.

       ``(iii) Report and publication.--The Secretary of Homeland 
     Security shall on the same date submit to Congress and 
     publish in the Federal Register information relating to the 
     maximum visa overstay rate established under clause (i). Not 
     later than 60 days after such date, the Secretary shall issue 
     a final maximum visa overstay rate above which a country may 
     not participate in the program.
       ``(9) Discretionary security-related considerations.--In 
     determining whether to waive the application of paragraph 
     (2)(A) for a country, pursuant to paragraph (8), the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, shall take into consideration other 
     factors affecting the security of the United States, 
     including--
       ``(A) airport security standards in the country;
       ``(B) whether the country assists in the operation of an 
     effective air marshal program;
       ``(C) the standards of passports and travel documents 
     issued by the country; and
       ``(D) other security-related factors, including the 
     country's cooperation with the United States' initiatives 
     toward combating terrorism and the country's cooperation with 
     the United States intelligence community in sharing 
     information regarding terrorist threats.''.
       (d) Security Enhancements to the Visa Waiver Program.--
       (1) In general.--Section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187) is amended--
       (A) in subsection (a), in the flush text following 
     paragraph (9)--
       (i) by striking ``Operators of aircraft'' and inserting the 
     following:
       ``(10) Electronic transmission of identification 
     information.--Operators of aircraft''; and
       (ii) by adding at the end the following new paragraph:
       ``(11) Eligibility determination under the electronic 
     travel authorization system.--Beginning on the date on which 
     the electronic travel authorization system developed under 
     subsection (h)(3) is fully operational, each alien traveling 
     under the program shall, before applying for admission to the 
     United States, electronically provide to the system 
     biographical information and such other information as the 
     Secretary of Homeland Security shall determine necessary to 
     determine the eligibility of, and whether there exists a law 
     enforcement or security risk in permitting, the alien to 
     travel to the United States. Upon review of such biographical 
     information, the Secretary of Homeland Security shall 
     determine whether the alien is eligible to travel to the 
     United States under the program.'';
       (B) in subsection (c)--
       (i) in paragraph (2)--

       (I) by amending subparagraph (D) to read as follows:

       ``(D) Reporting lost and stolen passports.--The government 
     of the country enters into an agreement with the United 
     States to report, or make available through Interpol or other 
     means as designated by the Secretary of Homeland Security, to 
     the United States Government information about the theft or 
     loss of passports within a strict time limit and in a manner 
     specified in the agreement.''; and

       (II) by adding at the end the following new subparagraphs:

       ``(E) Repatriation of aliens.--The government of the 
     country accepts for repatriation any citizen, former citizen, 
     or national of the country against whom a final executable 
     order of removal is issued not later than three weeks after 
     the issuance of the final order of removal. Nothing in this 
     subparagraph creates any duty for the United States or any 
     right for any alien with respect to removal or release. 
     Nothing in this subparagraph gives rise to any cause of 
     action or claim under this paragraph or any other law against 
     any official of the United States or of any State to compel 
     the release, removal, or consideration for release or removal 
     of any alien.
       ``(F) Passenger information exchange.--The government of 
     the country enters into an agreement with the United States 
     to share information regarding whether citizens and nationals 
     of that country traveling to the United States represent a 
     threat to the security or welfare of the United States or its 
     citizens.'';
       (ii) in paragraph (5)--

       (I) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (II) in subparagraph (A)(i)--

       (aa) in subclause (II), by striking ``and'' at the end;
       (bb) in subclause (III)--

[[Page 20664]]

       (AA) by striking ``and the Committee on International 
     Relations'' and inserting ``, the Committee on Foreign 
     Affairs, and the Committee on Homeland Security,'' and by 
     striking ``and the Committee on Foreign Relations'' and 
     inserting ``, the Committee on Foreign Relations, and the 
     Committee on Homeland Security and Governmental Affairs''; 
     and
       (BB) by striking the period at the end and inserting ``; 
     and''; and
       (cc) by adding at the end the following new subclause:

       ``(IV) shall submit to Congress a report regarding the 
     implementation of the electronic travel authorization system 
     under subsection (h)(3) and the participation of new 
     countries in the program through a waiver under paragraph 
     (8).''; and
       (III) in subparagraph (B), by adding at the end the 
     following new clause:

       ``(iv) Program suspension authority.--The Director of 
     National Intelligence shall immediately inform the Secretary 
     of Homeland Security of any current and credible threat which 
     poses an imminent danger to the United States or its citizens 
     and originates from a country participating in the visa 
     waiver program. Upon receiving such notification, the 
     Secretary, in consultation with the Secretary of State--

       ``(I) may suspend a country from the visa waiver program 
     without prior notice;
       ``(II) shall notify any country suspended under subclause 
     (I) and, to the extent practicable without disclosing 
     sensitive intelligence sources and methods, provide 
     justification for the suspension; and
       ``(III) shall restore the suspended country's participation 
     in the visa waiver program upon a determination that the 
     threat no longer poses an imminent danger to the United 
     States or its citizens.''; and

       (iii) by adding at the end the following new paragraphs:
       ``(10) Technical assistance.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     provide technical assistance to program countries to assist 
     those countries in meeting the requirements under this 
     section. The Secretary of Homeland Security shall ensure that 
     the program office within the Department of Homeland Security 
     is adequately staffed and has resources to be able to provide 
     such technical assistance, in addition to its duties to 
     effectively monitor compliance of the countries participating 
     in the program with all the requirements of the program.
       ``(11) Independent review.--
       ``(A) In general.--Prior to the admission of a new country 
     into the program under this section, and in conjunction with 
     the periodic evaluations required under subsection (c)(5)(A), 
     the Director of National Intelligence shall conduct an 
     independent intelligence assessment of a nominated country 
     and member of the program.
       ``(B) Reporting requirement.--The Director shall provide to 
     the Secretary of Homeland Security, the Secretary of State, 
     and the Attorney General the independent intelligence 
     assessment required under subparagraph (A).
       ``(C) Contents.--The independent intelligence assessment 
     conducted by the Director shall include--
       ``(i) a review of all current, credible terrorist threats 
     of the subject country;
       ``(ii) an evaluation of the subject country's 
     counterterrorism efforts;
       ``(iii) an evaluation as to the extent of the country's 
     sharing of information beneficial to suppressing terrorist 
     movements, financing, or actions;
       ``(iv) an assessment of the risks associated with including 
     the subject country in the program; and
       ``(v) recommendations to mitigate the risks identified in 
     clause (iv).'';
       (C) in subsection (d)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (ii) by adding at the end the following new sentence: ``The 
     Secretary of Homeland Security may not waive any eligibility 
     requirement under this section unless the Secretary notifies, 
     with respect to the House of Representatives, the Committee 
     on Homeland Security, the Committee on the Judiciary, the 
     Committee on Foreign Affairs, and the Committee on 
     Appropriations, and with respect to the Senate, the Committee 
     on Homeland Security and Governmental Affairs, the Committee 
     on the Judiciary, the Committee on Foreign Relations, and the 
     Committee on Appropriations not later than 30 days before the 
     effective date of such waiver.'';
       (D) in subsection (f)(5)--
       (i) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (ii) by striking ``of blank'' and inserting ``or loss of'';
       (E) in subsection (h), by adding at the end the following 
     new paragraph:
       ``(3) Electronic travel authorization system.--
       ``(A) System.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, shall develop and 
     implement a fully automated electronic travel authorization 
     system (referred to in this paragraph as the `System') to 
     collect such biographical and other information as the 
     Secretary of Homeland Security determines necessary to 
     determine, in advance of travel, the eligibility of, and 
     whether there exists a law enforcement or security risk in 
     permitting, the alien to travel to the United States.
       ``(B) Fees.--The Secretary of Homeland Security may charge 
     a fee for the use of the System, which shall be--
       ``(i) set at a level that will ensure recovery of the full 
     costs of providing and administering the System; and
       ``(ii) available to pay the costs incurred to administer 
     the System.
       ``(C) Validity.--
       ``(i) Period.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, shall prescribe 
     regulations that provide for a period, not to exceed three 
     years, during which a determination of eligibility to travel 
     under the program will be valid. Notwithstanding any other 
     provision under this section, the Secretary of Homeland 
     Security may revoke any such determination at any time and 
     for any reason.
       ``(ii) Limitation.--A determination by the Secretary of 
     Homeland Security that an alien is eligible to travel to the 
     United States under the program is not a determination that 
     the alien is admissible to the United States.
       ``(iii) Not a determination of visa eligibility.--A 
     determination by the Secretary of Homeland Security that an 
     alien who applied for authorization to travel to the United 
     States through the System is not eligible to travel under the 
     program is not a determination of eligibility for a visa to 
     travel to the United States and shall not preclude the alien 
     from applying for a visa.
       ``(iv) Judicial review.--Notwithstanding any other 
     provision of law, no court shall have jurisdiction to review 
     an eligibility determination under the System.
       ``(D) Report.--Not later than 60 days before publishing 
     notice regarding the implementation of the System in the 
     Federal Register, the Secretary of Homeland Security shall 
     submit a report regarding the implementation of the system 
     to--
       ``(i) the Committee on Homeland Security of the House of 
     Representatives;
       ``(ii) the Committee on the Judiciary of the House of 
     Representatives;
       ``(iii) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(iv) the Permanent Select Committee on Intelligence of 
     the House of Representatives;
       ``(v) the Committee on Appropriations of the House of 
     Representatives;
       ``(vi) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(vii) the Committee on the Judiciary of the Senate;
       ``(viii) the Committee on Foreign Relations of the Senate;
       ``(ix) the Select Committee on Intelligence of the Senate; 
     and
       ``(x) the Committee on Appropriations of the Senate.''; and
       (F) by adding at the end the following new subsection:
       ``(i) Exit System.--
       ``(1) In general.--Not later than one year after the date 
     of the enactment of this subsection, the Secretary of 
     Homeland Security shall establish an exit system that records 
     the departure on a flight leaving the United States of every 
     alien participating in the visa waiver program established 
     under this section.
       ``(2) System requirements.--The system established under 
     paragraph (1) shall--
       ``(A) match biometric information of the alien against 
     relevant watch lists and immigration information; and
       ``(B) compare such biometric information against manifest 
     information collected by air carriers on passengers departing 
     the United States to confirm such aliens have departed the 
     United States.
       ``(3) Report.--Not later than 180 days after the date of 
     the enactment of this subsection, the Secretary shall submit 
     to Congress a report that describes--
       ``(A) the progress made in developing and deploying the 
     exit system established under this subsection; and
       ``(B) the procedures by which the Secretary shall improve 
     the method of calculating the rates of nonimmigrants who 
     overstay their authorized period of stay in the United 
     States.''.
       (2) Effective date.--Section 217(a)(11) of the Immigration 
     and Nationality Act, as added by paragraph (1)(A)(ii), shall 
     take effect on the date that is 60 days after the date on 
     which the Secretary of Homeland Security publishes notice in 
     the Federal Register of the requirement under such paragraph.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section and the 
     amendments made by this section.

        Subtitle C--Strengthening Terrorism Prevention Programs

     SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN 
                   SMUGGLING AND TRAFFICKING CENTER.

       (a) In General.--Section 7202 of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is 
     amended--
       (1) in subsection (c)(1), by striking ``address'' and 
     inserting ``integrate and disseminate intelligence and 
     information related to'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (g) and (h), respectively; and
       (3) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Director.--The Secretary of Homeland Security shall 
     nominate an official of the Government of the United States 
     to serve as the Director of the Center, in accordance with 
     the requirements of the memorandum of understanding entitled 
     the `Human Smuggling and Trafficking Center (HSTC) Charter'.
       ``(e) Staffing of the Center.--

[[Page 20665]]

       ``(1) In general.--The Secretary of Homeland Security, in 
     cooperation with heads of other relevant agencies and 
     departments, shall ensure that the Center is staffed with not 
     fewer than 40 full-time equivalent positions, including, as 
     appropriate, detailees from the following:
       ``(A) Agencies and offices within the Department of 
     Homeland Security, including the following:
       ``(i) The Office of Intelligence and Analysis.
       ``(ii) The Transportation Security Administration.
       ``(iii) United States Citizenship and Immigration Services.
       ``(iv) United States Customs and Border Protection.
       ``(v) The United States Coast Guard.
       ``(vi) United States Immigration and Customs Enforcement.
       ``(B) Other departments, agencies, or entities, including 
     the following:
       ``(i) The Central Intelligence Agency.
       ``(ii) The Department of Defense.
       ``(iii) The Department of the Treasury.
       ``(iv) The National Counterterrorism Center.
       ``(v) The National Security Agency.
       ``(vi) The Department of Justice.
       ``(vii) The Department of State.
       ``(viii) Any other relevant agency or department.
       ``(2) Expertise of detailees.--The Secretary of Homeland 
     Security, in cooperation with the head of each agency, 
     department, or other entity referred to in paragraph (1), 
     shall ensure that the detailees provided to the Center under 
     such paragraph include an adequate number of personnel who 
     are--
       ``(A) intelligence analysts or special agents with 
     demonstrated experience related to human smuggling, 
     trafficking in persons, or terrorist travel; and
       ``(B) personnel with experience in the areas of--
       ``(i) consular affairs;
       ``(ii) counterterrorism;
       ``(iii) criminal law enforcement;
       ``(iv) intelligence analysis;
       ``(v) prevention and detection of document fraud;
       ``(vi) border inspection;
       ``(vii) immigration enforcement; or
       ``(viii) human trafficking and combating severe forms of 
     trafficking in persons.
       ``(3) Enhanced personnel management.--
       ``(A) Incentives for service in certain positions.--
       ``(i) In general.--The Secretary of Homeland Security, and 
     the heads of other relevant agencies, shall prescribe 
     regulations or promulgate personnel policies to provide 
     incentives for service on the staff of the Center, 
     particularly for serving terms of at least two years 
     duration.
       ``(ii) Forms of incentives.--Incentives under clause (i) 
     may include financial incentives, bonuses, and such other 
     awards and incentives as the Secretary and the heads of other 
     relevant agencies, consider appropriate.
       ``(B) Enhanced promotion for service at the center.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security, and the heads of other relevant agencies, 
     shall ensure that personnel who are assigned or detailed to 
     service at the Center shall be considered for promotion at 
     rates equivalent to or better than similarly situated 
     personnel of such agencies who are not so assigned or 
     detailed, except that this subparagraph shall not apply in 
     the case of personnel who are subject to the provisions of 
     the Foreign Service Act of 1980.
       ``(f) Administrative Support and Funding.--The Secretary of 
     Homeland Security shall provide to the Center the 
     administrative support and funding required for its 
     maintenance, including funding for personnel, leasing of 
     office space, supplies, equipment, technology, training, and 
     travel expenses necessary for the Center to carry out its 
     functions.''.
       (b) Report.--Subsection (g) of section 7202 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004, as 
     redesignated by subsection (a)(2), is amended to read as 
     follows:
       ``(g) Report.--
       ``(1) Initial report.--Not later than 180 days after 
     December 17, 2004, the President shall transmit to Congress a 
     report regarding the implementation of this section, 
     including a description of the staffing and resource needs of 
     the Center.
       ``(2) Follow-up report.--Not later than 180 days after the 
     date of the enactment of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007, the President shall transmit 
     to Congress a report regarding the operation of the Center 
     and the activities carried out by the Center, including a 
     description of--
       ``(A) the roles and responsibilities of each agency or 
     department that is participating in the Center;
       ``(B) the mechanisms used to share information among each 
     such agency or department;
       ``(C) the personnel provided to the Center by each such 
     agency or department;
       ``(D) the type of information and reports being 
     disseminated by the Center;
       ``(E) any efforts by the Center to create a centralized 
     Federal Government database to store information related to 
     unlawful travel of foreign nationals, including a description 
     of any such database and of the manner in which information 
     utilized in such a database would be collected, stored, and 
     shared;
       ``(F) how each agency and department shall utilize its 
     resources to ensure that the Center uses intelligence to 
     focus and drive its efforts;
       ``(G) efforts to consolidate networked systems for the 
     Center;
       ``(H) the mechanisms for the sharing of homeland security 
     information from the Center to the Office of Intelligence and 
     Analysis, including how such sharing shall be consistent with 
     section 1016(b);
       ``(I) the ability of participating personnel in the Center 
     to freely access necessary databases and share information 
     regarding issues related to human smuggling, trafficking in 
     persons, and terrorist travel;
       ``(J) how the assignment of personnel to the Center is 
     incorporated into the civil service career path of such 
     personnel; and
       ``(K) cooperation and coordination efforts, including any 
     memorandums of understanding, among participating agencies 
     and departments regarding issues related to human smuggling, 
     trafficking in persons, and terrorist travel.''.
       (c) Coordination With the Office of Intelligence and 
     Analysis.--Section 7202 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 is amended by adding after 
     subsection (h), as redesignated by subsection (a)(2), the 
     following new subsection:
       ``(i) Coordination With the Office of Intelligence and 
     Analysis.--The Office of Intelligence and Analysis, in 
     coordination with the Center, shall submit to relevant State, 
     local, and tribal law enforcement agencies periodic reports 
     regarding terrorist threats related to human smuggling, human 
     trafficking, and terrorist travel.''.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security 
     $20,000,000 for fiscal year 2008 to carry out section 7202 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004, 
     as amended by this section.

     SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

       Section 7215 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 123) is amended to read as 
     follows:

     ``SEC. 7215. TERRORIST TRAVEL PROGRAM.

       ``(a) Requirement To Establish.--Not later than 90 days 
     after the date of the enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     Secretary of Homeland Security, in consultation with the 
     Director of the National Counterterrorism Center and 
     consistent with the strategy developed under section 7201, 
     shall establish a program to oversee the implementation of 
     the Secretary's responsibilities with respect to terrorist 
     travel.
       ``(b) Head of the Program.--The Secretary of Homeland 
     Security shall designate an official of the Department of 
     Homeland Security to be responsible for carrying out the 
     program. Such official shall be--
       ``(1) the Assistant Secretary for Policy of the Department 
     of Homeland Security; or
       ``(2) an official appointed by the Secretary who reports 
     directly to the Secretary.
       ``(c) Duties.--The official designated under subsection (b) 
     shall assist the Secretary of Homeland Security in improving 
     the Department's ability to prevent terrorists from entering 
     the United States or remaining in the United States 
     undetected by--
       ``(1) developing relevant strategies and policies;
       ``(2) reviewing the effectiveness of existing programs and 
     recommending improvements, if necessary;
       ``(3) making recommendations on budget requests and on the 
     allocation of funding and personnel;
       ``(4) ensuring effective coordination, with respect to 
     policies, programs, planning, operations, and dissemination 
     of intelligence and information related to terrorist travel--
       ``(A) among appropriate subdivisions of the Department of 
     Homeland Security, as determined by the Secretary and 
     including--
       ``(i) United States Customs and Border Protection;
       ``(ii) United States Immigration and Customs Enforcement;
       ``(iii) United States Citizenship and Immigration Services;
       ``(iv) the Transportation Security Administration; and
       ``(v) the United States Coast Guard; and
       ``(B) between the Department of Homeland Security and other 
     appropriate Federal agencies; and
       ``(5) serving as the Secretary's primary point of contact 
     with the National Counterterrorism Center for implementing 
     initiatives related to terrorist travel and ensuring that the 
     recommendations of the Center related to terrorist travel are 
     carried out by the Department.
       ``(d) Report.--Not later than 180 days after the date of 
     the enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the implementation of this section.''.

     SEC. 723. ENHANCED DRIVER'S LICENSE.

       Section 7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
       (1) in subparagraph (B)--
       (A) in clause (vi), by striking ``and'' at the end;
       (B) in clause (vii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(viii) the signing of a memorandum of agreement to 
     initiate a pilot program with not less than one State to 
     determine if an enhanced driver's license, which is machine-
     readable and tamper proof, not valid for certification of 
     citizenship for any purpose other than admission

[[Page 20666]]

     into the United States from Canada or Mexico, and issued by 
     such State to an individual, may permit the individual to use 
     the driver's license to meet the documentation requirements 
     under subparagraph (A) for entry into the United States from 
     Canada or Mexico at land and sea ports of entry.''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Report.--Not later than 180 days after the initiation 
     of the pilot program described in subparagraph (B)(viii), the 
     Secretary of Homeland Security and the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report which includes--
       ``(i) an analysis of the impact of the pilot program on 
     national security;
       ``(ii) recommendations on how to expand the pilot program 
     to other States;
       ``(iii) any appropriate statutory changes to facilitate the 
     expansion of the pilot program to additional States and to 
     citizens of Canada;
       ``(iv) a plan to screen individuals participating in the 
     pilot program against United States terrorist watch lists; 
     and
       ``(v) a recommendation for the type of machine-readable 
     technology that should be used in enhanced driver's licenses, 
     based on individual privacy considerations and the costs and 
     feasibility of incorporating any new technology into existing 
     driver's licenses.''.

     SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.

       Before the Secretary of Homeland Security publishes a final 
     rule in the Federal Register implementing section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note)--
       (1) the Secretary of Homeland Security shall complete a 
     cost-benefit analysis of the Western Hemisphere Travel 
     Initiative, authorized under such section 7209; and
       (2) the Secretary of State shall develop proposals for 
     reducing the execution fee charged for the passport card, 
     proposed at 71 Fed. Reg. 60928-32 (October 17, 2006), 
     including the use of mobile application teams, during 
     implementation of the land and sea phase of the Western 
     Hemisphere Travel Initiative, in order to encourage United 
     States citizens to apply for the passport card.

     SEC. 725. MODEL PORTS-OF-ENTRY.

       (a) In General.--The Secretary of Homeland Security shall--
       (1) establish a model ports-of-entry program for the 
     purpose of providing a more efficient and welcoming 
     international arrival process in order to facilitate and 
     promote business and tourist travel to the United States, 
     while also improving security; and
       (2) implement the program initially at the 20 United States 
     international airports that have the highest number of 
     foreign visitors arriving annually as of the date of the 
     enactment of this Act.
       (b) Program Elements.--The program shall include--
       (1) enhanced queue management in the Federal Inspection 
     Services area leading up to primary inspection;
       (2) assistance for foreign travelers once they have been 
     admitted to the United States, in consultation, as 
     appropriate, with relevant governmental and nongovernmental 
     entities; and
       (3) instructional videos, in English and such other 
     languages as the Secretary determines appropriate, in the 
     Federal Inspection Services area that explain the United 
     States inspection process and feature national, regional, or 
     local welcome videos.
       (c) Additional Customs and Border Protection Officers for 
     High-Volume Ports.--Subject to the availability of 
     appropriations, not later than the end of fiscal year 2008 
     the Secretary of Homeland Security shall employ not fewer 
     than an additional 200 Customs and Border Protection officers 
     over the number of such positions for which funds were 
     appropriated for the proceeding fiscal year to address staff 
     shortages at the 20 United States international airports that 
     have the highest number of foreign visitors arriving annually 
     as of the date of the enactment of this Act.

                  Subtitle D--Miscellaneous Provisions

     SEC. 731. REPORT REGARDING BORDER SECURITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report regarding ongoing 
     initiatives of the Department of Homeland Security to improve 
     security along the northern border of the United States.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) address the vulnerabilities along the northern border 
     of the United States; and
       (2) provide recommendations to address such 
     vulnerabilities, including required resources needed to 
     protect the northern border of the United States.
       (c) Government Accountability Office.--Not later than 270 
     days after the date of the submission of the report under 
     subsection (a), the Comptroller General of the United States 
     shall submit to Congress a report that--
       (1) reviews and comments on the report under subsection 
     (a); and
       (2) provides recommendations regarding any additional 
     actions necessary to protect the northern border of the 
     United States.

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

     SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND 
                   CIVIL LIBERTIES OVERSIGHT BOARD.

       (a) Modification of Authorities.--Section 1061 of the 
     National Security Intelligence Reform Act of 2004 (5 U.S.C. 
     601 note) is amended to read as follows:

     ``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       ``(a) In General.--There is established as an independent 
     agency within the executive branch a Privacy and Civil 
     Liberties Oversight Board (referred to in this section as the 
     `Board').
       ``(b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       ``(1) In conducting the war on terrorism, the Government 
     may need additional powers and may need to enhance the use of 
     its existing powers.
       ``(2) This shift of power and authority to the Government 
     calls for an enhanced system of checks and balances to 
     protect the precious liberties that are vital to our way of 
     life and to ensure that the Government uses its powers for 
     the purposes for which the powers were given.
       ``(3) The National Commission on Terrorist Attacks Upon the 
     United States correctly concluded that `The choice between 
     security and liberty is a false choice, as nothing is more 
     likely to endanger America's liberties than the success of a 
     terrorist attack at home. Our history has shown us that 
     insecurity threatens liberty. Yet, if our liberties are 
     curtailed, we lose the values that we are struggling to 
     defend.'.
       ``(c) Purpose.--The Board shall--
       ``(1) analyze and review actions the executive branch takes 
     to protect the Nation from terrorism, ensuring that the need 
     for such actions is balanced with the need to protect privacy 
     and civil liberties; and
       ``(2) ensure that liberty concerns are appropriately 
     considered in the development and implementation of laws, 
     regulations, and policies related to efforts to protect the 
     Nation against terrorism.
       ``(d) Functions.--
       ``(1) Advice and counsel on policy development and 
     implementation.--The Board shall--
       ``(A) review proposed legislation, regulations, and 
     policies related to efforts to protect the Nation from 
     terrorism, including the development and adoption of 
     information sharing guidelines under subsections (d) and (f) 
     of section 1016;
       ``(B) review the implementation of new and existing 
     legislation, regulations, and policies related to efforts to 
     protect the Nation from terrorism, including the 
     implementation of information sharing guidelines under 
     subsections (d) and (f) of section 1016;
       ``(C) advise the President and the departments, agencies, 
     and elements of the executive branch to ensure that privacy 
     and civil liberties are appropriately considered in the 
     development and implementation of such legislation, 
     regulations, policies, and guidelines; and
       ``(D) in providing advice on proposals to retain or enhance 
     a particular governmental power, consider whether the 
     department, agency, or element of the executive branch has 
     established--
       ``(i) that the need for the power is balanced with the need 
     to protect privacy and civil liberties;
       ``(ii) that there is adequate supervision of the use by the 
     executive branch of the power to ensure protection of privacy 
     and civil liberties; and
       ``(iii) that there are adequate guidelines and oversight to 
     properly confine its use.
       ``(2) Oversight.--The Board shall continually review--
       ``(A) the regulations, policies, and procedures, and the 
     implementation of the regulations, policies, and procedures, 
     of the departments, agencies, and elements of the executive 
     branch relating to efforts to protect the Nation from 
     terrorism to ensure that privacy and civil liberties are 
     protected;
       ``(B) the information sharing practices of the departments, 
     agencies, and elements of the executive branch relating to 
     efforts to protect the Nation from terrorism to determine 
     whether they appropriately protect privacy and civil 
     liberties and adhere to the information sharing guidelines 
     issued or developed under subsections (d) and (f) of section 
     1016 and to other governing laws, regulations, and policies 
     regarding privacy and civil liberties; and
       ``(C) other actions by the executive branch relating to 
     efforts to protect the Nation from terrorism to determine 
     whether such actions--
       ``(i) appropriately protect privacy and civil liberties; 
     and
       ``(ii) are consistent with governing laws, regulations, and 
     policies regarding privacy and civil liberties.
       ``(3) Relationship with privacy and civil liberties 
     officers.--The Board shall--
       ``(A) receive and review reports and other information from 
     privacy officers and civil liberties officers under section 
     1062;
       ``(B) when appropriate, make recommendations to such 
     privacy officers and civil liberties officers regarding their 
     activities; and
       ``(C) when appropriate, coordinate the activities of such 
     privacy officers and civil liberties officers on relevant 
     interagency matters.
       ``(4) Testimony.--The members of the Board shall appear and 
     testify before Congress upon request.
       ``(e) Reports.--
       ``(1) In general.--The Board shall--
       ``(A) receive and review reports from privacy officers and 
     civil liberties officers under section 1062; and

[[Page 20667]]

       ``(B) periodically submit, not less than semiannually, 
     reports--
       ``(i)(I) to the appropriate committees of Congress, 
     including the Committee on the Judiciary of the Senate, the 
     Committee on the Judiciary 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, the Committee on Oversight and 
     Government Reform of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       ``(II) to the President; and
       ``(ii) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       ``(2) Contents.--Not less than 2 reports submitted each 
     year under paragraph (1)(B) shall include--
       ``(A) a description of the major activities of the Board 
     during the preceding period;
       ``(B) information on the findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d);
       ``(C) the minority views on any findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d);
       ``(D) each proposal reviewed by the Board under subsection 
     (d)(1) that--
       ``(i) the Board advised against implementation; and
       ``(ii) notwithstanding such advice, actions were taken to 
     implement; and
       ``(E) for the preceding period, any requests submitted 
     under subsection (g)(1)(D) for the issuance of subpoenas that 
     were modified or denied by the Attorney General.
       ``(f) Informing the Public.--The Board shall--
       ``(1) make its reports, including its reports to Congress, 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(2) hold public hearings and otherwise inform the public 
     of its activities, as appropriate and in a manner consistent 
     with the protection of classified information and applicable 
     law.
       ``(g) Access to Information.--
       ``(1) Authorization.--If determined by the Board to be 
     necessary to carry out its responsibilities under this 
     section, the Board is authorized to--
       ``(A) have access from any department, agency, or element 
     of the executive branch, or any Federal officer or employee 
     of any such department, agency, or element, to all relevant 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other relevant material, including 
     classified information consistent with applicable law;
       ``(B) interview, take statements from, or take public 
     testimony from personnel of any department, agency, or 
     element of the executive branch, or any Federal officer or 
     employee of any such department, agency, or element;
       ``(C) request information or assistance from any State, 
     tribal, or local government; and
       ``(D) at the direction of a majority of the members of the 
     Board, submit a written request to the Attorney General of 
     the United States that the Attorney General require, by 
     subpoena, persons (other than departments, agencies, and 
     elements of the executive branch) to produce any relevant 
     information, documents, reports, answers, records, accounts, 
     papers, and other documentary or testimonial evidence.
       ``(2) Review of subpoena request.--
       ``(A) In general.--Not later than 30 days after the date of 
     receipt of a request by the Board under paragraph (1)(D), the 
     Attorney General shall--
       ``(i) issue the subpoena as requested; or
       ``(ii) provide the Board, in writing, with an explanation 
     of the grounds on which the subpoena request has been 
     modified or denied.
       ``(B) Notification.--If a subpoena request is modified or 
     denied under subparagraph (A)(ii), the Attorney General 
     shall, not later than 30 days after the date of that 
     modification or denial, notify the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives.
       ``(3) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued pursuant to paragraph 
     (1)(D), the United States district court for the judicial 
     district in which the subpoenaed person resides, is served, 
     or may be found may issue an order requiring such person to 
     produce the evidence required by such subpoena.
       ``(4) Agency cooperation.--Whenever information or 
     assistance requested under subparagraph (A) or (B) of 
     paragraph (1) is, in the judgment of the Board, unreasonably 
     refused or not provided, the Board shall report the 
     circumstances to the head of the department, agency, or 
     element concerned without delay. The head of the department, 
     agency, or element concerned shall ensure that the Board is 
     given access to the information, assistance, material, or 
     personnel the Board determines to be necessary to carry out 
     its functions.
       ``(h) Membership.--
       ``(1) Members.--The Board shall be composed of a full-time 
     chairman and 4 additional members, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Qualifications.--Members of the Board shall be 
     selected solely on the basis of their professional 
     qualifications, achievements, public stature, expertise in 
     civil liberties and privacy, and relevant experience, and 
     without regard to political affiliation, but in no event 
     shall more than 3 members of the Board be members of the same 
     political party. The President shall, before appointing an 
     individual who is not a member of the same political party as 
     the President, consult with the leadership of that party, if 
     any, in the Senate and House of Representatives.
       ``(3) Incompatible office.--An individual appointed to the 
     Board may not, while serving on the Board, be an elected 
     official, officer, or employee of the Federal Government, 
     other than in the capacity as a member of the Board.
       ``(4) Term.--Each member of the Board shall serve a term of 
     6 years, except that--
       ``(A) a member appointed to a term of office after the 
     commencement of such term may serve under such appointment 
     only for the remainder of such term; and
       ``(B) upon the expiration of the term of office of a 
     member, the member shall continue to serve until the member's 
     successor has been appointed and qualified, except that no 
     member may serve under this subparagraph--
       ``(i) for more than 60 days when Congress is in session 
     unless a nomination to fill the vacancy shall have been 
     submitted to the Senate; or
       ``(ii) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted.
       ``(5) Quorum and meetings.--The Board shall meet upon the 
     call of the chairman or a majority of its members. Three 
     members of the Board shall constitute a quorum.
       ``(i) Compensation and Travel Expenses.--
       ``(1) Compensation.--
       ``(A) Chairman.--The chairman of the Board shall be 
     compensated at the rate of pay payable for a position at 
     level III of the Executive Schedule under section 5314 of 
     title 5, United States Code.
       ``(B) Members.--Each member of the Board shall be 
     compensated at a rate of pay payable for a position at level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the Board.
       ``(2) Travel expenses.--Members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for persons employed 
     intermittently by the Government under section 5703(b) of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Board.
       ``(j) Staff.--
       ``(1) Appointment and compensation.--The chairman of the 
     Board, in accordance with rules agreed upon by the Board, 
     shall appoint and fix the compensation of a full-time 
     executive director and such other personnel as may be 
     necessary to enable the Board to carry out its functions, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       ``(2) Detailees.--Any Federal employee may be detailed to 
     the Board without reimbursement from the Board, and such 
     detailee shall retain the rights, status, and privileges of 
     the detailee's regular employment without interruption.
       ``(3) Consultant services.--The Board may procure the 
     temporary or intermittent services of experts and consultants 
     in accordance with section 3109 of title 5, United States 
     Code, at rates that do not exceed the daily rate paid a 
     person occupying a position at level IV of the Executive 
     Schedule under section 5315 of such title.
       ``(k) Security Clearances.--
       ``(1) In general.--The appropriate departments, agencies, 
     and elements of the executive branch shall cooperate with the 
     Board to expeditiously provide the Board members and staff 
     with appropriate security clearances to the extent possible 
     under existing procedures and requirements.
       ``(2) Rules and procedures.--After consultation with the 
     Secretary of Defense, the Attorney General, and the Director 
     of National Intelligence, the Board shall adopt rules and 
     procedures of the Board for physical, communications, 
     computer, document, personnel, and other security relating to 
     carrying out the functions of the Board.
       ``(l) Treatment as Agency, Not as Advisory Committee.--The 
     Board--
       ``(1) is an agency (as defined in section 551(1) of title 
     5, United States Code); and
       ``(2) is not an advisory committee (as defined in section 
     3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
       ``(m) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     amounts as follows:
       ``(1) For fiscal year 2008, $5,000,000.
       ``(2) For fiscal year 2009, $6,650,000.
       ``(3) For fiscal year 2010, $8,300,000.
       ``(4) For fiscal year 2011, $10,000,000.
       ``(5) For fiscal year 2012 and each subsequent fiscal year, 
     such sums as may be necessary.''.
       (b) Security Rules and Procedures.--The Privacy and Civil 
     Liberties Oversight Board shall promptly adopt the security 
     rules and procedures required under section 1061(k)(2) of the 
     National Security Intelligence Reform Act of 2004 (as added 
     by subsection (a) of this section).
       (c) Transition Provisions.--
       (1) Treatment of incumbent members of the privacy and civil 
     liberties oversight board.--

[[Page 20668]]

       (A) Continuation of service.--Any individual who is a 
     member of the Privacy and Civil Liberties Oversight Board on 
     the date of enactment of this Act may continue to serve on 
     the Board until 180 days after the date of enactment of this 
     Act.
       (B) Termination of terms.--The term of any individual who 
     is a member of the Privacy and Civil Liberties Oversight 
     Board on the date of enactment of this Act shall terminate 
     180 days after the date of enactment of this Act.
       (2) Appointments.--
       (A) In general.--The President and the Senate shall take 
     such actions as necessary for the President, by and with the 
     advice and consent of the Senate, to appoint members to the 
     Privacy and Civil Liberties Oversight Board as constituted 
     under the amendments made by subsection (a) in a timely 
     manner to provide for the continuing operation of the Board 
     and orderly implementation of this section.
       (B) Designations.--In making the appointments described 
     under subparagraph (A) of the first members of the Privacy 
     and Civil Liberties Oversight Board as constituted under the 
     amendments made by subsection (a), the President shall 
     provide for the members to serve terms of 2, 3, 4, 5, and 6 
     years beginning on the effective date described under 
     subsection (d)(1), with the term of each such member to be 
     designated by the President.
       (d) Effective Date.--
       (1) In general.--The amendments made by subsection (a) and 
     subsection (b) shall take effect 180 days after the date of 
     enactment of this Act.
       (2) Transition provisions.--Subsection (c) shall take 
     effect on the date of enactment of this Act.

     SEC. 802. DEPARTMENT PRIVACY OFFICER.

       Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
     142) is amended--
       (1) by inserting ``(a) Appointment and Responsibilities.--
     '' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Authority To Investigate.--
       ``(1) In general.--The senior official appointed under 
     subsection (a) may--
       ``(A) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, and other materials 
     available to the Department that relate to programs and 
     operations with respect to the responsibilities of the senior 
     official under this section;
       ``(B) make such investigations and reports relating to the 
     administration of the programs and operations of the 
     Department as are, in the senior official's judgment, 
     necessary or desirable;
       ``(C) subject to the approval of the Secretary, require by 
     subpoena the production, by any person other than a Federal 
     agency, of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary to performance of the responsibilities of 
     the senior official under this section; and
       ``(D) administer to or take from any person an oath, 
     affirmation, or affidavit, whenever necessary to performance 
     of the responsibilities of the senior official under this 
     section.
       ``(2) Enforcement of subpoenas.--Any subpoena issued under 
     paragraph (1)(C) shall, in the case of contumacy or refusal 
     to obey, be enforceable by order of any appropriate United 
     States district court.
       ``(3) Effect of oaths.--Any oath, affirmation, or affidavit 
     administered or taken under paragraph (1)(D) by or before an 
     employee of the Privacy Office designated for that purpose by 
     the senior official appointed under subsection (a) shall have 
     the same force and effect as if administered or taken by or 
     before an officer having a seal of office.
       ``(c) Supervision and Coordination.--
       ``(1) In general.--The senior official appointed under 
     subsection (a) shall--
       ``(A) report to, and be under the general supervision of, 
     the Secretary; and
       ``(B) coordinate activities with the Inspector General of 
     the Department in order to avoid duplication of effort.
       ``(2) Coordination with the inspector general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the senior official appointed under subsection (a) may 
     investigate any matter relating to possible violations or 
     abuse concerning the administration of any program or 
     operation of the Department relevant to the purposes under 
     this section.
       ``(B) Coordination.--
       ``(i) Referral.--Before initiating any investigation 
     described under subparagraph (A), the senior official shall 
     refer the matter and all related complaints, allegations, and 
     information to the Inspector General of the Department.
       ``(ii) Determinations and notifications by the inspector 
     general.--

       ``(I) In general.--Not later than 30 days after the receipt 
     of a matter referred under clause (i), the Inspector General 
     shall--

       ``(aa) make a determination regarding whether the Inspector 
     General intends to initiate an audit or investigation of the 
     matter referred under clause (i); and
       ``(bb) notify the senior official of that determination.

       ``(II) Investigation not initiated.--If the Inspector 
     General notifies the senior official under subclause (I)(bb) 
     that the Inspector General intended to initiate an audit or 
     investigation, but does not initiate that audit or 
     investigation within 90 days after providing that 
     notification, the Inspector General shall further notify the 
     senior official that an audit or investigation was not 
     initiated. The further notification under this subclause 
     shall be made not later than 3 days after the end of that 90-
     day period.

       ``(iii) Investigation by senior official.--The senior 
     official may investigate a matter referred under clause (i) 
     if--

       ``(I) the Inspector General notifies the senior official 
     under clause (ii)(I)(bb) that the Inspector General does not 
     intend to initiate an audit or investigation relating to that 
     matter; or
       ``(II) the Inspector General provides a further 
     notification under clause (ii)(II) relating to that matter.

       ``(iv) Privacy training.--Any employee of the Office of 
     Inspector General who audits or investigates any matter 
     referred under clause (i) shall be required to receive 
     adequate training on privacy laws, rules, and regulations, to 
     be provided by an entity approved by the Inspector General in 
     consultation with the senior official appointed under 
     subsection (a).
       ``(d) Notification to Congress on Removal.--If the 
     Secretary removes the senior official appointed under 
     subsection (a) or transfers that senior official to another 
     position or location within the Department, the Secretary 
     shall--
       ``(1) promptly submit a written notification of the removal 
     or transfer to Houses of Congress; and
       ``(2) include in any such notification the reasons for the 
     removal or transfer.
       ``(e) Reports by Senior Official to Congress.--The senior 
     official appointed under subsection (a) shall--
       ``(1) submit reports directly to the Congress regarding 
     performance of the responsibilities of the senior official 
     under this section, without any prior comment or amendment by 
     the Secretary, Deputy Secretary, or any other officer or 
     employee of the Department or the Office of Management and 
     Budget; and
       ``(2) inform the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives not later 
     than--
       ``(A) 30 days after the Secretary disapproves the senior 
     official's request for a subpoena under subsection (b)(1)(C) 
     or the Secretary substantively modifies the requested 
     subpoena; or
       ``(B) 45 days after the senior official's request for a 
     subpoena under subsection (b)(1)(C), if that subpoena has not 
     either been approved or disapproved by the Secretary.''.

     SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.

       (a) In General.--Section 1062 of the National Security 
     Intelligence Reform Act of 2004 (title I of Public Law 108-
     458; 118 Stat. 3688) is amended to read as follows:

     ``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

       ``(a) Designation and Functions.--The Attorney General, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Treasury, the Secretary of Health and Human Services, 
     the Secretary of Homeland Security, the Director of National 
     Intelligence, the Director of the Central Intelligence 
     Agency, and the head of any other department, agency, or 
     element of the executive branch designated by the Privacy and 
     Civil Liberties Oversight Board under section 1061 to be 
     appropriate for coverage under this section shall designate 
     not less than 1 senior officer to serve as the principal 
     advisor to--
       ``(1) assist the head of such department, agency, or 
     element and other officials of such department, agency, or 
     element in appropriately considering privacy and civil 
     liberties concerns when such officials are proposing, 
     developing, or implementing laws, regulations, policies, 
     procedures, or guidelines related to efforts to protect the 
     Nation against terrorism;
       ``(2) periodically investigate and review department, 
     agency, or element actions, policies, procedures, guidelines, 
     and related laws and their implementation to ensure that such 
     department, agency, or element is adequately considering 
     privacy and civil liberties in its actions;
       ``(3) ensure that such department, agency, or element has 
     adequate procedures to receive, investigate, respond to, and 
     redress complaints from individuals who allege such 
     department, agency, or element has violated their privacy or 
     civil liberties; and
       ``(4) in providing advice on proposals to retain or enhance 
     a particular governmental power the officer shall consider 
     whether such department, agency, or element has established--
       ``(A) that the need for the power is balanced with the need 
     to protect privacy and civil liberties;
       ``(B) that there is adequate supervision of the use by such 
     department, agency, or element of the power to ensure 
     protection of privacy and civil liberties; and
       ``(C) that there are adequate guidelines and oversight to 
     properly confine its use.
       ``(b) Exception to Designation Authority.--
       ``(1) Privacy officers.--In any department, agency, or 
     element referred to in subsection (a) or designated by the 
     Privacy and Civil Liberties Oversight Board, which has a 
     statutorily created privacy officer, such officer shall 
     perform the functions specified in subsection (a) with 
     respect to privacy.
       ``(2) Civil liberties officers.--In any department, agency, 
     or element referred to in subsection (a) or designated by the 
     Board, which has a statutorily created civil liberties 
     officer, such officer shall perform the functions specified 
     in subsection (a) with respect to civil liberties.
       ``(c) Supervision and Coordination.--Each privacy officer 
     or civil liberties officer described in subsection (a) or (b) 
     shall--
       ``(1) report directly to the head of the department, 
     agency, or element concerned; and

[[Page 20669]]

       ``(2) coordinate their activities with the Inspector 
     General of such department, agency, or element to avoid 
     duplication of effort.
       ``(d) Agency Cooperation.--The head of each department, 
     agency, or element shall ensure that each privacy officer and 
     civil liberties officer--
       ``(1) has the information, material, and resources 
     necessary to fulfill the functions of such officer;
       ``(2) is advised of proposed policy changes;
       ``(3) is consulted by decision makers; and
       ``(4) is given access to material and personnel the officer 
     determines to be necessary to carry out the functions of such 
     officer.
       ``(e) Reprisal for Making Complaint.--No action 
     constituting a reprisal, or threat of reprisal, for making a 
     complaint or for disclosing information to a privacy officer 
     or civil liberties officer described in subsection (a) or 
     (b), or to the Privacy and Civil Liberties Oversight Board, 
     that indicates a possible violation of privacy protections or 
     civil liberties in the administration of the programs and 
     operations of the Federal Government relating to efforts to 
     protect the Nation from terrorism shall be taken by any 
     Federal employee in a position to take such action, unless 
     the complaint was made or the information was disclosed with 
     the knowledge that it was false or with willful disregard for 
     its truth or falsity.
       ``(f) Periodic Reports.--
       ``(1) In general.--The privacy officers and civil liberties 
     officers of each department, agency, or element referred to 
     or described in subsection (a) or (b) shall periodically, but 
     not less than quarterly, submit a report on the activities of 
     such officers--
       ``(A)(i) to the appropriate committees of Congress, 
     including the Committee on the Judiciary of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, the Committee on Oversight and Government 
     Reform of the House of Representatives, the Select Committee 
     on Intelligence of the Senate, and the Permanent Select 
     Committee on Intelligence of the House of Representatives;
       ``(ii) to the head of such department, agency, or element; 
     and
       ``(iii) to the Privacy and Civil Liberties Oversight Board; 
     and
       ``(B) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include information on the discharge of each of the 
     functions of the officer concerned, including--
       ``(A) information on the number and types of reviews 
     undertaken;
       ``(B) the type of advice provided and the response given to 
     such advice;
       ``(C) the number and nature of the complaints received by 
     the department, agency, or element concerned for alleged 
     violations; and
       ``(D) a summary of the disposition of such complaints, the 
     reviews and inquiries conducted, and the impact of the 
     activities of such officer.
       ``(g) Informing the Public.--Each privacy officer and civil 
     liberties officer shall--
       ``(1) make the reports of such officer, including reports 
     to Congress, available to the public to the greatest extent 
     that is consistent with the protection of classified 
     information and applicable law; and
       ``(2) otherwise inform the public of the activities of such 
     officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.
       ``(h) Savings Clause.--Nothing in this section shall be 
     construed to limit or otherwise supplant any other 
     authorities or responsibilities provided by law to privacy 
     officers or civil liberties officers.''.
       (b) Clerical Amendment.--The table of contents for the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) is amended by striking the item relating 
     to section 1062 and inserting the following new item:

``Sec. 1062. Privacy and civil liberties officers.''.

     SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

       (a) Short Title.--This section may be cited as the 
     ``Federal Agency Data Mining Reporting Act of 2007''.
       (b) Definitions.--In this section:
       (1) Data mining.--The term ``data mining'' means a program 
     involving pattern-based queries, searches, or other analyses 
     of 1 or more electronic databases, where--
       (A) a department or agency of the Federal Government, or a 
     non-Federal entity acting on behalf of the Federal 
     Government, is conducting the queries, searches, or other 
     analyses to discover or locate a predictive pattern or 
     anomaly indicative of terrorist or criminal activity on the 
     part of any individual or individuals;
       (B) the queries, searches, or other analyses are not 
     subject-based and do not use personal identifiers of a 
     specific individual, or inputs associated with a specific 
     individual or group of individuals, to retrieve information 
     from the database or databases; and
       (C) the purpose of the queries, searches, or other analyses 
     is not solely--
       (i) the detection of fraud, waste, or abuse in a Government 
     agency or program; or
       (ii) the security of a Government computer system.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available to any member of the public without payment of a 
     fee, or databases of judicial and administrative opinions or 
     other legal research sources.
       (c) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be produced in coordination with the privacy officer of 
     that department or agency, if applicable, and shall be made 
     available to the public, except for an annex described in 
     subparagraph (C).
       (2) Content of report.--Each report submitted under 
     subparagraph (A) shall include, for each activity to use or 
     develop data mining, the following information:
       (A) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (B) A thorough description of the data mining technology 
     that is being used or will be used, including the basis for 
     determining whether a particular pattern or anomaly is 
     indicative of terrorist or criminal activity.
       (C) A thorough description of the data sources that are 
     being or will be used.
       (D) An assessment of the efficacy or likely efficacy of the 
     data mining activity in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the data mining activity.
       (E) An assessment of the impact or likely impact of the 
     implementation of the data mining activity on the privacy and 
     civil liberties of individuals, including a thorough 
     description of the actions that are being taken or will be 
     taken with regard to the property, privacy, or other rights 
     or privileges of any individual or individuals as a result of 
     the implementation of the data mining activity.
       (F) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used in conjunction with the data 
     mining activity, to the extent applicable in the context of 
     the data mining activity.
       (G) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such data mining activity in order to--
       (i) protect the privacy and due process rights of 
     individuals, such as redress procedures; and
       (ii) ensure that only accurate and complete information is 
     collected, reviewed, gathered, analyzed, or used, and guard 
     against any harmful consequences of potential inaccuracies.
       (3) Annex.--
       (A) In general.--A report under subparagraph (A) shall 
     include in an annex any necessary--
       (i) classified information;
       (ii) law enforcement sensitive information;
       (iii) proprietary business information; or
       (iv) trade secrets (as that term is defined in section 1839 
     of title 18, United States Code).
       (B) Availability.--Any annex described in clause (i)--
       (i) shall be available, as appropriate, and consistent with 
     the National Security Act of 1947 (50 U.S.C. 401 et seq.), to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, the Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Homeland Security, the Committee 
     on the Judiciary, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Financial Services of the House of 
     Representatives; and
       (ii) shall not be made available to the public.
       (4) Time for report.--Each report required under 
     subparagraph (A) shall be--
       (A) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (B) updated not less frequently than annually thereafter, 
     to include any activity to use or develop data mining engaged 
     in after the date of the prior report submitted under 
     subparagraph (A).

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

     SEC. 901. PRIVATE SECTOR PREPAREDNESS.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.), as amended by section 409, is 
     further amended by adding at the end the following:

     ``SEC. 523. GUIDANCE AND RECOMMENDATIONS.

       ``(a) In General.--Consistent with their responsibilities 
     and authorities under law, as of the day before the date of 
     the enactment of this section, the Administrator and the 
     Assistant Secretary for Infrastructure Protection, in 
     consultation with the private sector, may develop guidance or 
     recommendations and identify best practices to assist or 
     foster action by the private sector in--
       ``(1) identifying potential hazards and assessing risks and 
     impacts;
       ``(2) mitigating the impact of a wide variety of hazards, 
     including weapons of mass destruction;
       ``(3) managing necessary emergency preparedness and 
     response resources;
       ``(4) developing mutual aid agreements;
       ``(5) developing and maintaining emergency preparedness and 
     response plans, and associated operational procedures;
       ``(6) developing and conducting training and exercises to 
     support and evaluate emergency preparedness and response 
     plans and operational procedures;
       ``(7) developing and conducting training programs for 
     security guards to implement emergency preparedness and 
     response plans and operations procedures; and

[[Page 20670]]

       ``(8) developing procedures to respond to requests for 
     information from the media or the public.
       ``(b) Issuance and Promotion.--Any guidance or 
     recommendations developed or best practices identified under 
     subsection (a) shall be--
       ``(1) issued through the Administrator; and
       ``(2) promoted by the Secretary to the private sector.
       ``(c) Small Business Concerns.--In developing guidance or 
     recommendations or identifying best practices under 
     subsection (a), the Administrator and the Assistant Secretary 
     for Infrastructure Protection shall take into consideration 
     small business concerns (under the meaning given that term in 
     section 3 of the Small Business Act (15 U.S.C. 632)), 
     including any need for separate guidance or recommendations 
     or best practices, as necessary and appropriate.
       ``(d) Rule of Construction.--Nothing in this section may be 
     construed to supersede any requirement established under any 
     other provision of law.

     ``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS 
                   ACCREDITATION AND CERTIFICATION PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the 
     officer designated under paragraph (2), shall establish and 
     implement the voluntary private sector preparedness 
     accreditation and certification program in accordance with 
     this section.
       ``(2) Designation of officer.--The Secretary shall 
     designate an officer responsible for the accreditation and 
     certification program under this section. Such officer 
     (hereinafter referred to in this section as the `designated 
     officer') shall be one of the following:
       ``(A) The Administrator, based on consideration of--
       ``(i) the expertise of the Administrator in emergency 
     management and preparedness in the United States; and
       ``(ii) the responsibilities of the Administrator as the 
     principal advisor to the President for all matters relating 
     to emergency management in the United States.
       ``(B) The Assistant Secretary for Infrastructure 
     Protection, based on consideration of the expertise of the 
     Assistant Secretary in, and responsibilities for--
       ``(i) protection of critical infrastructure;
       ``(ii) risk assessment methodologies; and
       ``(iii) interacting with the private sector on the issues 
     described in clauses (i) and (ii).
       ``(C) The Under Secretary for Science and Technology, based 
     on consideration of the expertise of the Under Secretary in, 
     and responsibilities associated with, standards.
       ``(3) Coordination.--In carrying out the accreditation and 
     certification program under this section, the designated 
     officer shall coordinate with--
       ``(A) the other officers of the Department referred to in 
     paragraph (2), using the expertise and responsibilities of 
     such officers; and
       ``(B) the Special Assistant to the Secretary for the 
     Private Sector, based on consideration of the expertise of 
     the Special Assistant in, and responsibilities for, 
     interacting with the private sector.
       ``(b) Voluntary Private Sector Preparedness Standards; 
     Voluntary Accreditation and Certification Program for the 
     Private Sector.--
       ``(1) Accreditation and certification program.--Not later 
     than 210 days after the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     designated officer shall--
       ``(A) begin supporting the development and updating, as 
     necessary, of voluntary preparedness standards through 
     appropriate organizations that coordinate or facilitate the 
     development and use of voluntary consensus standards and 
     voluntary consensus standards development organizations; and
       ``(B) in consultation with representatives of appropriate 
     organizations that coordinate or facilitate the development 
     and use of voluntary consensus standards, appropriate 
     voluntary consensus standards development organizations, each 
     private sector advisory council created under section 
     102(f)(4), appropriate representatives of State and local 
     governments, including emergency management officials, and 
     appropriate private sector advisory groups, such as sector 
     coordinating councils and information sharing and analysis 
     centers--
       ``(i) develop and promote a program to certify the 
     preparedness of private sector entities that voluntarily 
     choose to seek certification under the program; and
       ``(ii) implement the program under this subsection through 
     any entity with which the designated officer enters into an 
     agreement under paragraph (3)(A), which shall accredit third 
     parties to carry out the certification process under this 
     section.
       ``(2) Program elements.--
       ``(A) In general.--
       ``(i) Program.--The program developed and implemented under 
     this subsection shall assess whether a private sector entity 
     complies with voluntary preparedness standards.
       ``(ii) Guidelines.--In developing the program under this 
     subsection, the designated officer shall develop guidelines 
     for the accreditation and certification processes established 
     under this subsection.
       ``(B) Standards.--The designated officer, in consultation 
     with representatives of appropriate organizations that 
     coordinate or facilitate the development and use of voluntary 
     consensus standards, representatives of appropriate voluntary 
     consensus standards development organizations, each private 
     sector advisory council created under section 102(f)(4), 
     appropriate representatives of State and local governments, 
     including emergency management officials, and appropriate 
     private sector advisory groups such as sector coordinating 
     councils and information sharing and analysis centers--
       ``(i) shall adopt one or more appropriate voluntary 
     preparedness standards that promote preparedness, which may 
     be tailored to address the unique nature of various sectors 
     within the private sector, as necessary and appropriate, that 
     shall be used in the accreditation and certification program 
     under this subsection; and
       ``(ii) after the adoption of one or more standards under 
     clause (i), may adopt additional voluntary preparedness 
     standards or modify or discontinue the use of voluntary 
     preparedness standards for the accreditation and 
     certification program, as necessary and appropriate to 
     promote preparedness.
       ``(C) Submission of recommendations.--In adopting one or 
     more standards under subparagraph (B), the designated officer 
     may receive recommendations from any entity described in that 
     subparagraph relating to appropriate voluntary preparedness 
     standards, including appropriate sector specific standards, 
     for adoption in the program.
       ``(D) Small business concerns.--The designated officer and 
     any entity with which the designated officer enters into an 
     agreement under paragraph (3)(A) shall establish separate 
     classifications and methods of certification for small 
     business concerns (under the meaning given that term in 
     section 3 of the Small Business Act (15 U.S.C. 632)) for the 
     program under this subsection.
       ``(E) Considerations.--In developing and implementing the 
     program under this subsection, the designated officer shall--
       ``(i) consider the unique nature of various sectors within 
     the private sector, including preparedness standards, 
     business continuity standards, or best practices, 
     established--

       ``(I) under any other provision of Federal law; or
       ``(II) by any sector-specific agency, as defined under 
     Homeland Security Presidential Directive-7; and

       ``(ii) coordinate the program, as appropriate, with--

       ``(I) other Department private sector related programs; and
       ``(II) preparedness and business continuity programs in 
     other Federal agencies.

       ``(3) Accreditation and certification processes.--
       ``(A) Agreement.--
       ``(i) In general.--Not later than 210 days after the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the designated officer shall enter 
     into one or more agreements with a highly qualified 
     nongovernmental entity with experience or expertise in 
     coordinating and facilitating the development and use of 
     voluntary consensus standards and in managing or implementing 
     accreditation and certification programs for voluntary 
     consensus standards, or a similarly qualified private sector 
     entity, to carry out accreditations and oversee the 
     certification process under this subsection. An entity 
     entering into an agreement with the designated officer under 
     this clause (hereinafter referred to in this section as a 
     `selected entity') shall not perform certifications under 
     this subsection.
       ``(ii) Contents.--A selected entity shall manage the 
     accreditation process and oversee the certification process 
     in accordance with the program established under this 
     subsection and accredit qualified third parties to carry out 
     the certification program established under this subsection.
       ``(B) Procedures and requirements for accreditation and 
     certification.--
       ``(i) In general.--Any selected entity shall collaborate to 
     develop procedures and requirements for the accreditation and 
     certification processes under this subsection, in accordance 
     with the program established under this subsection and 
     guidelines developed under paragraph (2)(A)(ii).
       ``(ii) Contents and use.--The procedures and requirements 
     developed under clause (i) shall--

       ``(I) ensure reasonable uniformity in any accreditation and 
     certification processes if there is more than one selected 
     entity; and
       ``(II) be used by any selected entity in conducting 
     accreditations and overseeing the certification process under 
     this subsection.

       ``(iii) Disagreement.--Any disagreement among selected 
     entities in developing procedures under clause (i) shall be 
     resolved by the designated officer.
       ``(C) Designation.--A selected entity may accredit any 
     qualified third party to carry out the certification process 
     under this subsection.
       ``(D) Disadvantaged business involvement.--In accrediting 
     qualified third parties to carry out the certification 
     process under this subsection, a selected entity shall 
     ensure, to the extent practicable, that the third parties 
     include qualified small, minority, women-owned, or 
     disadvantaged business concerns when appropriate. The term 
     `disadvantaged business concern' means a small business that 
     is owned and controlled by socially and economically 
     disadvantaged individuals, as defined in section 124 of title 
     13, United States Code of Federal Regulations.
       ``(E) Treatment of other certifications.--At the request of 
     any entity seeking certification, any selected entity may 
     consider, as appropriate, other relevant certifications 
     acquired

[[Page 20671]]

     by the entity seeking certification. If the selected entity 
     determines that such other certifications are sufficient to 
     meet the certification requirement or aspects of the 
     certification requirement under this section, the selected 
     entity may give credit to the entity seeking certification, 
     as appropriate, to avoid unnecessarily duplicative 
     certification requirements.
       ``(F) Third parties.--To be accredited under subparagraph 
     (C), a third party shall--
       ``(i) demonstrate that the third party has the ability to 
     certify private sector entities in accordance with the 
     procedures and requirements developed under subparagraph (B);
       ``(ii) agree to perform certifications in accordance with 
     such procedures and requirements;
       ``(iii) agree not to have any beneficial interest in or any 
     direct or indirect control over--

       ``(I) a private sector entity for which that third party 
     conducts a certification under this subsection; or
       ``(II) any organization that provides preparedness 
     consulting services to private sector entities;

       ``(iv) agree not to have any other conflict of interest 
     with respect to any private sector entity for which that 
     third party conducts a certification under this subsection;
       ``(v) maintain liability insurance coverage at policy 
     limits in accordance with the requirements developed under 
     subparagraph (B); and
       ``(vi) enter into an agreement with the selected entity 
     accrediting that third party to protect any proprietary 
     information of a private sector entity obtained under this 
     subsection.
       ``(G) Monitoring.--
       ``(i) In general.--The designated officer and any selected 
     entity shall regularly monitor and inspect the operations of 
     any third party conducting certifications under this 
     subsection to ensure that the third party is complying with 
     the procedures and requirements established under 
     subparagraph (B) and all other applicable requirements.
       ``(ii) Revocation.--If the designated officer or any 
     selected entity determines that a third party is not meeting 
     the procedures or requirements established under subparagraph 
     (B), the selected entity shall--

       ``(I) revoke the accreditation of that third party to 
     conduct certifications under this subsection; and
       ``(II) review any certification conducted by that third 
     party, as necessary and appropriate.

       ``(4) Annual review.--
       ``(A) In general.--The designated officer, in consultation 
     with representatives of appropriate organizations that 
     coordinate or facilitate the development and use of voluntary 
     consensus standards, appropriate voluntary consensus 
     standards development organizations, appropriate 
     representatives of State and local governments, including 
     emergency management officials, and each private sector 
     advisory council created under section 102(f)(4), shall 
     annually review the voluntary accreditation and certification 
     program established under this subsection to ensure the 
     effectiveness of such program (including the operations and 
     management of such program by any selected entity and the 
     selected entity's inclusion of qualified disadvantaged 
     business concerns under paragraph (3)(D)) and make 
     improvements and adjustments to the program as necessary and 
     appropriate.
       ``(B) Review of standards.--Each review under subparagraph 
     (A) shall include an assessment of the voluntary preparedness 
     standard or standards used in the program under this 
     subsection.
       ``(5) Voluntary participation.--Certification under this 
     subsection shall be voluntary for any private sector entity.
       ``(6) Public listing.--The designated officer shall 
     maintain and make public a listing of any private sector 
     entity certified as being in compliance with the program 
     established under this subsection, if that private sector 
     entity consents to such listing.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed as--
       ``(1) a requirement to replace any preparedness, emergency 
     response, or business continuity standards, requirements, or 
     best practices established--
       ``(A) under any other provision of federal law; or
       ``(B) by any sector-specific agency, as those agencies are 
     defined under Homeland Security Presidential Directive-7; or
       ``(2) exempting any private sector entity seeking 
     certification or meeting certification requirements under 
     subsection (b) from compliance with all applicable statutes, 
     regulations, directives, policies, and industry codes of 
     practice.''.
       (b) Report to Congress.--Not later than 210 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report detailing--
       (1) any action taken to implement section 524(b) of the 
     Homeland Security Act of 2002, as added by subsection (a), 
     including a discussion of--
       (A) the separate methods of classification and 
     certification for small business concerns (under the meaning 
     given that term in section 3 of the Small Business Act (15 
     U.S.C. 632)) as compared to other private sector entities; 
     and
       (B) whether the separate classifications and methods of 
     certification for small business concerns are likely to help 
     to ensure that such measures are not overly burdensome and 
     are adequate to meet the voluntary preparedness standard or 
     standards adopted by the program under section 524(b) of the 
     Homeland Security Act of 2002, as added by subsection (a); 
     and
       (2) the status, as of the date of that report, of the 
     implementation of that subsection.
       (c) Deadline for Designation of Officer.--The Secretary of 
     Homeland Security shall designate the officer as described in 
     section 524 of the Homeland Security Act of 2002, as added by 
     subsection (a), by not later than 30 days after the date of 
     the enactment of this Act.
       (d) Definition.--Section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101) is amended by adding at the end the 
     following:
       ``(18) The term `voluntary preparedness standards' means a 
     common set of criteria for preparedness, disaster management, 
     emergency management, and business continuity programs, such 
     as the American National Standards Institute's National Fire 
     Protection Association Standard on Disaster/Emergency 
     Management and Business Continuity Programs (ANSI/NFPA 
     1600).''.
       (e) Clerical Amendments.--The table of contents in section 
     1(b) of such Act is further amended by adding at the end the 
     following:

``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and 
              certification program.''.
       (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.

     SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF 
                   THE DEPARTMENT.

       (a) In General.--Section 102(f) of the Homeland Security 
     Act of 2002 (6 U.S.C. 112(f)) is amended--
       (1) by redesignating paragraphs (8) through (10) as 
     paragraphs (9) through (11), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) providing information to the private sector regarding 
     voluntary preparedness standards and the business 
     justification for preparedness and promoting to the private 
     sector the adoption of voluntary preparedness standards;''.
       (b) Private Sector Advisory Councils.--Section 102(f)(4) of 
     the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by inserting ``and'' after the 
     semicolon at the end; and
       (3) by adding at the end the following:
       ``(C) advise the Secretary on private sector preparedness 
     issues, including effective methods for--
       ``(i) promoting voluntary preparedness standards to the 
     private sector; and
       ``(ii) assisting the private sector in adopting voluntary 
     preparedness standards;''.

          TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

     SEC. 1001. NATIONAL ASSET DATABASE.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002, as amended by title V, is further 
     amended by adding at the end the following new section:

     ``SEC. 210E. NATIONAL ASSET DATABASE.

       ``(a) Establishment.--
       ``(1) National asset database.--The Secretary shall 
     establish and maintain a national database of each system or 
     asset that--
       ``(A) the Secretary, in consultation with appropriate 
     homeland security officials of the States, determines to be 
     vital and the loss, interruption, incapacity, or destruction 
     of which would have a negative or debilitating effect on the 
     economic security, public health, or safety of the United 
     States, any State, or any local government; or
       ``(B) the Secretary determines is appropriate for inclusion 
     in the database.
       ``(2) Prioritized critical infrastructure list.--In 
     accordance with Homeland Security Presidential Directive-7, 
     as in effect on January 1, 2007, the Secretary shall 
     establish and maintain a single classified prioritized list 
     of systems and assets included in the database under 
     paragraph (1) that the Secretary determines would, if 
     destroyed or disrupted, cause national or regional 
     catastrophic effects.
       ``(b) Use of Database.--The Secretary shall use the 
     database established under subsection (a)(1) in the 
     development and implementation of Department plans and 
     programs as appropriate.
       ``(c) Maintenance of Database.--
       ``(1) In general.--The Secretary shall maintain and 
     annually update the database established under subsection 
     (a)(1) and the list established under subsection (a)(2), 
     including--
       ``(A) establishing data collection guidelines and providing 
     such guidelines to the appropriate homeland security official 
     of each State;
       ``(B) regularly reviewing the guidelines established under 
     subparagraph (A), including by consulting with the 
     appropriate homeland security officials of States, to solicit 
     feedback about the guidelines, as appropriate;
       ``(C) after providing the homeland security official of a 
     State with the guidelines under subparagraph (A), allowing 
     the official a reasonable amount of time to submit to the 
     Secretary any data submissions recommended by the official 
     for inclusion in the database established under subsection 
     (a)(1);
       ``(D) examining the contents and identifying any 
     submissions made by such an official that are described 
     incorrectly or that do not meet the guidelines established 
     under subparagraph (A); and
       ``(E) providing to the appropriate homeland security 
     official of each relevant State a list of

[[Page 20672]]

     submissions identified under subparagraph (D) for review and 
     possible correction before the Secretary finalizes the 
     decision of which submissions will be included in the 
     database established under subsection (a)(1).
       ``(2) Organization of information in database.--The 
     Secretary shall organize the contents of the database 
     established under subsection (a)(1) and the list established 
     under subsection (a)(2) as the Secretary determines is 
     appropriate. Any organizational structure of such contents 
     shall include the categorization of the contents--
       ``(A) according to the sectors listed in National 
     Infrastructure Protection Plan developed pursuant to Homeland 
     Security Presidential Directive-7; and
       ``(B) by the State and county of their location.
       ``(3) Private sector integration.--The Secretary shall 
     identify and evaluate methods, including the Department's 
     Protected Critical Infrastructure Information Program, to 
     acquire relevant private sector information for the purpose 
     of using that information to generate any database or list, 
     including the database established under subsection (a)(1) 
     and the list established under subsection (a)(2).
       ``(4) Retention of classification.--The classification of 
     information required to be provided to Congress, the 
     Department, or any other department or agency under this 
     section by a sector-specific agency, including the assignment 
     of a level of classification of such information, shall be 
     binding on Congress, the Department, and that other Federal 
     agency.
       ``(d) Reports.--
       ``(1) Report required.--Not later than 180 days after the 
     date of the enactment of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007, and annually thereafter, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the database established under subsection (a)(1) and the list 
     established under subsection (a)(2).
       ``(2) Contents of report.--Each such report shall include 
     the following:
       ``(A) The name, location, and sector classification of each 
     of the systems and assets on the list established under 
     subsection (a)(2).
       ``(B) The name, location, and sector classification of each 
     of the systems and assets on such list that are determined by 
     the Secretary to be most at risk to terrorism.
       ``(C) Any significant challenges in compiling the list of 
     the systems and assets included on such list or in the 
     database established under subsection (a)(1).
       ``(D) Any significant changes from the preceding report in 
     the systems and assets included on such list or in such 
     database.
       ``(E) If appropriate, the extent to which such database and 
     such list have been used, individually or jointly, for 
     allocating funds by the Federal Government to prevent, 
     reduce, mitigate, or respond to acts of terrorism.
       ``(F) The amount of coordination between the Department and 
     the private sector, through any entity of the Department that 
     meets with representatives of private sector industries for 
     purposes of such coordination, for the purpose of ensuring 
     the accuracy of such database and such list.
       ``(G) Any other information the Secretary deems relevant.
       ``(3) Classified information.--The report shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       ``(e) Inspector General Study.--By not later than two years 
     after the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     Inspector General of the Department shall conduct a study of 
     the implementation of this section.
       ``(f) National Infrastructure Protection Consortium.--The 
     Secretary may establish a consortium to be known as the 
     `National Infrastructure Protection Consortium'. The 
     Consortium may advise the Secretary on the best way to 
     identify, generate, organize, and maintain any database or 
     list of systems and assets established by the Secretary, 
     including the database established under subsection (a)(1) 
     and the list established under subsection (a)(2). If the 
     Secretary establishes the National Infrastructure Protection 
     Consortium, the Consortium may--
       ``(1) be composed of national laboratories, Federal 
     agencies, State and local homeland security organizations, 
     academic institutions, or national Centers of Excellence that 
     have demonstrated experience working with and identifying 
     critical infrastructure and key resources; and
       ``(2) provide input to the Secretary on any request 
     pertaining to the contents of such database or such list.''.
       (b) Deadlines for Implementation and Notification of 
     Congress.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit the first report required under section 210E(d) 
     of the Homeland Security Act of 2002, as added by subsection 
     (a).
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is further amended by inserting after the 
     item relating to section 210D the following:

``Sec. 210E. National Asset Database.''.

     SEC. 1002. RISK ASSESSMENTS AND REPORT.

       (a) Risk Assessments.--Section 201(d) of the Homeland 
     Security Act of 2002 (6 U.S.C. 121(d)) is further amended by 
     adding at the end the following new paragraph:
       ``(25) To prepare and submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security in the House of 
     Representatives, and to other appropriate congressional 
     committees having jurisdiction over the critical 
     infrastructure or key resources, for each sector identified 
     in the National Infrastructure Protection Plan, a report on 
     the comprehensive assessments carried out by the Secretary of 
     the critical infrastructure and key resources of the United 
     States, evaluating threat, vulnerability, and consequence, as 
     required under this subsection. Each such report--
       ``(A) shall contain, if applicable, actions or 
     countermeasures recommended or taken by the Secretary or the 
     head of another Federal agency to address issues identified 
     in the assessments;
       ``(B) shall be required for fiscal year 2007 and each 
     subsequent fiscal year and shall be submitted not later than 
     35 days after the last day of the fiscal year covered by the 
     report; and
       ``(C) may be classified.''.
       (b) Report on Industry Preparedness.--Not later than 6 
     months after the last day of fiscal year 2007 and each 
     subsequent fiscal year, the Secretary of Homeland Security, 
     in cooperation with the Secretary of Commerce, the Secretary 
     of Transportation, the Secretary of Defense, and the 
     Secretary of Energy, shall submit to the Committee on 
     Banking, Housing, and Urban Affairs and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Financial Services and the Committee on 
     Homeland Security of the House of Representatives a report 
     that details the actions taken by the Federal Government to 
     ensure, in accordance with subsections (a) and (c) of section 
     101 of the Defense Production Act of 1950 (50 U.S.C. App. 
     2071), the preparedness of industry to reduce interruption of 
     critical infrastructure and key resource operations during an 
     act of terrorism, natural catastrophe, or other similar 
     national emergency.

     SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF 
                   LEVEES IN THE NATIONAL INFRASTRUCTURE 
                   PROTECTION PLAN.

       It is the sense of Congress that the Secretary should 
     ensure that levees are included in one of the critical 
     infrastructure and key resources sectors identified in the 
     National Infrastructure Protection Plan.

    TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

     SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

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

     ``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

       ``(a) Establishment.--The Secretary shall establish, 
     operate, and maintain a National Biosurveillance Integration 
     Center (referred to in this section as the `NBIC'), which 
     shall be headed by a Directing Officer, under an office or 
     directorate of the Department that is in existence as of the 
     date of the enactment of this section.
       ``(b) Primary Mission.--The primary mission of the NBIC is 
     to--
       ``(1) enhance the capability of the Federal Government to--
       ``(A) rapidly identify, characterize, localize, and track a 
     biological event of national concern by integrating and 
     analyzing data relating to human health, animal, plant, food, 
     and environmental monitoring systems (both national and 
     international); and
       ``(B) disseminate alerts and other information to Member 
     Agencies and, in coordination with (and where possible 
     through) Member Agencies, to agencies of State, local, and 
     tribal governments, as appropriate, to enhance the ability of 
     such agencies to respond to a biological event of national 
     concern; and
       ``(2) oversee development and operation of the National 
     Biosurveillance Integration System.
       ``(c) Requirements.--The NBIC shall detect, as early as 
     possible, a biological event of national concern that 
     presents a risk to the United States or the infrastructure or 
     key assets of the United States, including by--
       ``(1) consolidating data from all relevant surveillance 
     systems maintained by Member Agencies to detect biological 
     events of national concern across human, animal, and plant 
     species;
       ``(2) seeking private sources of surveillance, both foreign 
     and domestic, when such sources would enhance coverage of 
     critical surveillance gaps;
       ``(3) using an information technology system that uses the 
     best available statistical and other analytical tools to 
     identify and characterize biological events of national 
     concern in as close to real-time as is practicable;
       ``(4) providing the infrastructure for such integration, 
     including information technology systems and space, and 
     support for personnel from Member Agencies with sufficient 
     expertise to enable analysis and interpretation of data;
       ``(5) working with Member Agencies to create information 
     technology systems that use the minimum amount of patient 
     data necessary and consider patient confidentiality and 
     privacy issues at all stages of development and apprise the 
     Privacy Officer of such efforts; and
       ``(6) alerting Member Agencies and, in coordination with 
     (and where possible through) Member Agencies, public health 
     agencies of State, local, and tribal governments regarding 
     any incident that could develop into a biological event of 
     national concern.
       ``(d) Responsibilities of the Directing Officer of the 
     NBIC.--
       ``(1) In general.--The Directing Officer of the NBIC 
     shall--

[[Page 20673]]

       ``(A) on an ongoing basis, monitor the availability and 
     appropriateness of surveillance systems used by the NBIC and 
     those systems that could enhance biological situational 
     awareness or the overall performance of the NBIC;
       ``(B) on an ongoing basis, review and seek to improve the 
     statistical and other analytical methods used by the NBIC;
       ``(C) receive and consider other relevant homeland security 
     information, as appropriate; and
       ``(D) provide technical assistance, as appropriate, to all 
     Federal, regional, State, local, and tribal government 
     entities and private sector entities that contribute data 
     relevant to the operation of the NBIC.
       ``(2) Assessments.--The Directing Officer of the NBIC 
     shall--
       ``(A) on an ongoing basis, evaluate available data for 
     evidence of a biological event of national concern; and
       ``(B) integrate homeland security information with NBIC 
     data to provide overall situational awareness and determine 
     whether a biological event of national concern has occurred.
       ``(3) Information sharing.--
       ``(A) In general.--The Directing Officer of the NBIC 
     shall--
       ``(i) establish a method of real-time communication with 
     the National Operations Center;
       ``(ii) in the event that a biological event of national 
     concern is detected, notify the Secretary and disseminate 
     results of NBIC assessments relating to that biological event 
     of national concern to appropriate Federal response entities 
     and, in coordination with relevant Member Agencies, regional, 
     State, local, and tribal governmental response entities in a 
     timely manner;
       ``(iii) provide any report on NBIC assessments to Member 
     Agencies and, in coordination with relevant Member Agencies, 
     any affected regional, State, local, or tribal government, 
     and any private sector entity considered appropriate that may 
     enhance the mission of such Member Agencies, governments, or 
     entities or the ability of the Nation to respond to 
     biological events of national concern; and
       ``(iv) share NBIC incident or situational awareness 
     reports, and other relevant information, consistent with the 
     information sharing environment established under section 
     1016 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (6 U.S.C. 485) and any policies, guidelines, 
     procedures, instructions, or standards established under that 
     section.
       ``(B) Consultation.--The Directing Officer of the NBIC 
     shall implement the activities described in subparagraph (A) 
     consistent with the policies, guidelines, procedures, 
     instructions, or standards established under section 1016 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (6 U.S.C. 485) and in consultation with the Director of 
     National Intelligence, the Under Secretary for Intelligence 
     and Analysis, and other offices or agencies of the Federal 
     Government, as appropriate.
       ``(e) Responsibilities of the NBIC Member Agencies.--
       ``(1) In general.--Each Member Agency shall--
       ``(A) use its best efforts to integrate biosurveillance 
     information into the NBIC, with the goal of promoting 
     information sharing between Federal, State, local, and tribal 
     governments to detect biological events of national concern;
       ``(B) provide timely information to assist the NBIC in 
     maintaining biological situational awareness for accurate 
     detection and response purposes;
       ``(C) enable the NBIC to receive and use biosurveillance 
     information from member agencies to carry out its 
     requirements under subsection (c);
       ``(D) connect the biosurveillance data systems of that 
     Member Agency to the NBIC data system under mutually agreed 
     protocols that are consistent with subsection (c)(5);
       ``(E) participate in the formation of strategy and policy 
     for the operation of the NBIC and its information sharing;
       ``(F) provide personnel to the NBIC under an interagency 
     personnel agreement and consider the qualifications of such 
     personnel necessary to provide human, animal, and 
     environmental data analysis and interpretation support to the 
     NBIC; and
       ``(G) retain responsibility for the surveillance and 
     intelligence systems of that department or agency, if 
     applicable.
       ``(f) Administrative Authorities.--
       ``(1) Hiring of experts.--The Directing Officer of the NBIC 
     shall hire individuals with the necessary expertise to 
     develop and operate the NBIC.
       ``(2) Detail of personnel.--Upon the request of the 
     Directing Officer of the NBIC, the head of any Federal 
     department or agency may detail, on a reimbursable basis, any 
     of the personnel of that department or agency to the 
     Department to assist the NBIC in carrying out this section.
       ``(g) NBIC Interagency Working Group.--The Directing 
     Officer of the NBIC shall--
       ``(1) establish an interagency working group to facilitate 
     interagency cooperation and to advise the Directing Officer 
     of the NBIC regarding recommendations to enhance the 
     biosurveillance capabilities of the Department; and
       ``(2) invite Member Agencies to serve on that working 
     group.
       ``(h) Relationship to Other Departments and Agencies.--The 
     authority of the Directing Officer of the NBIC under this 
     section shall not affect any authority or responsibility of 
     any other department or agency of the Federal Government with 
     respect to biosurveillance activities under any program 
     administered by that department or agency.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.
       ``(j) Definitions.--In this section:
       ``(1) The terms `biological agent' and `toxin' have the 
     meanings given those terms in section 178 of title 18, United 
     States Code.
       ``(2) The term `biological event of national concern' 
     means--
       ``(A) an act of terrorism involving a biological agent or 
     toxin; or
       ``(B) a naturally occurring outbreak of an infectious 
     disease that may result in a national epidemic.
       ``(3) The term `homeland security information' has the 
     meaning given that term in section 892.
       ``(4) The term `Member Agency' means any Federal department 
     or agency that, at the discretion of the head of that 
     department or agency, has entered a memorandum of 
     understanding regarding participation in the NBIC.
       ``(5) The term `Privacy Officer' means the Privacy Officer 
     appointed under section 222.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended by inserting after the item relating to 
     section 315 the following:

``Sec. 316. National Biosurveillance Integration Center.''.

       (c) Deadline for Implementation.--The National 
     Biosurveillance Integration Center under section 316 of the 
     Homeland Security Act, as added by subsection (a), shall be 
     fully operational by not later than September 30, 2008;
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives an interim 
     report on the status of the operations at the National 
     Biosurviellance Integration Center that addresses the efforts 
     of the Center to integrate the surveillance efforts of 
     Federal, State, local, and tribal governments. When the 
     National Biosurveillance Integration Center is fully 
     operational, the Secretary shall submit to such committees a 
     final report on the status of such operations.

     SEC. 1102. BIOSURVEILLANCE EFFORTS.

       The Comptroller General of the United States shall submit 
     to Congress a report --
       (1) describing the state of Federal, State, local, and 
     tribal government biosurveillance efforts as of the date of 
     such report;
       (2) describing any duplication of effort at the Federal, 
     State, local, or tribal government level to create 
     biosurveillance systems; and
       (3) providing the recommendations of the Comptroller 
     General regarding--
       (A) the integration of biosurveillance systems;
       (B) the effective use of biosurveillance resources; and
       (C) the effective use of the expertise of Federal, State, 
     local, and tribal governments.

     SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES 
                   AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF 
                   MASS DESTRUCTION.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by inserting after section 
     1906, as redesignated by section 104, the following:

     ``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL 
                   NUCLEAR DETECTION ARCHITECTURE.

       ``(a) Annual Review.--
       ``(1) In general.--The Secretary, the Attorney General, the 
     Secretary of State, the Secretary of Defense, the Secretary 
     of Energy, and the Director of National Intelligence shall 
     jointly ensure interagency coordination on the development 
     and implementation of the global nuclear detection 
     architecture by ensuring that, not less frequently than once 
     each year--
       ``(A) each relevant agency, office, or entity--
       ``(i) assesses its involvement, support, and participation 
     in the development, revision, and implementation of the 
     global nuclear detection architecture; and
       ``(ii) examines and evaluates components of the global 
     nuclear detection architecture (including associated 
     strategies and acquisition plans) relating to the operations 
     of that agency, office, or entity, to determine whether such 
     components incorporate and address current threat 
     assessments, scenarios, or intelligence analyses developed by 
     the Director of National Intelligence or other agencies 
     regarding threats relating to nuclear or radiological weapons 
     of mass destruction; and
       ``(B) each agency, office, or entity deploying or operating 
     any nuclear or radiological detection technology under the 
     global nuclear detection architecture--
       ``(i) evaluates the deployment and operation of nuclear or 
     radiological detection technologies under the global nuclear 
     detection architecture by that agency, office, or entity;
       ``(ii) identifies performance deficiencies and operational 
     or technical deficiencies in nuclear or radiological 
     detection technologies deployed under the global nuclear 
     detection architecture; and
       ``(iii) assesses the capacity of that agency, office, or 
     entity to implement the responsibilities of that agency, 
     office, or entity under the global nuclear detection 
     architecture.
       ``(2) Technology.--Not less frequently than once each year, 
     the Secretary shall examine and evaluate the development, 
     assessment, and acquisition of radiation detection 
     technologies deployed or implemented in support of the 
     domestic portion of the global nuclear detection 
     architecture.

[[Page 20674]]

       ``(b) Annual Report on Joint Interagency Review.--
       ``(1) In general.--Not later than March 31 of each year, 
     the Secretary, the Attorney General, the Secretary of State, 
     the Secretary of Defense, the Secretary of Energy, and the 
     Director of National Intelligence, shall jointly submit a 
     report regarding the implementation of this section and the 
     results of the reviews required under subsection (a) to--
       ``(A) the President;
       ``(B) the Committee on Appropriations, the Committee on 
     Armed Services, the Select Committee on Intelligence, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       ``(C) the Committee on Appropriations, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, the Committee on Homeland Security, and the 
     Committee on Science and Technology of the House of 
     Representatives.
       ``(2) Form.--The annual report submitted under paragraph 
     (1) shall be submitted in unclassified form to the maximum 
     extent practicable, but may include a classified annex.
       ``(c) Definition.--In this section, the term `global 
     nuclear detection architecture' means the global nuclear 
     detection architecture developed under section 1902.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
     is amended by inserting after the item relating to section 
     1906, as added by section 104, the following:

``Sec. 1907. Joint annual interagency review of global nuclear 
              detection architecture.''.

     SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND 
                   TECHNOLOGIES.

       (a) Responsibility of Secretary.--The Secretary of Homeland 
     Security shall have responsibility for ensuring that domestic 
     chemical, biological, radiological, and nuclear detection 
     equipment and technologies are integrated, as appropriate, 
     with other border security systems and detection 
     technologies.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress that contains a plan to develop a departmental 
     technology assessment process to determine and certify the 
     technology readiness levels of chemical, biological, 
     radiological, and nuclear detection technologies before the 
     full deployment of such technologies within the United 
     States.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

     SEC. 1201. DEFINITIONS.

       For purposes of this title, the following terms apply:
       (1) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.

       (a) In General.--Section 114(t)(1)(B) of title 49, United 
     States Code, is amended to read as follows:
       ``(B) transportation modal security plans addressing 
     security risks, including threats, vulnerabilities, and 
     consequences, for aviation, railroad, ferry, highway, 
     maritime, pipeline, public transportation, over-the-road bus, 
     and other transportation infrastructure assets.''.
       (b) Contents of the National Strategy for Transportation 
     Security.--Section 114(t)(3) of such title is amended--
       (1) in subparagraph (B), by inserting ``, based on risk 
     assessments conducted or received by the Secretary of 
     Homeland Security (including assessments conducted under the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007'' after ``risk based priorities'';
       (2) in subparagraph (D)--
       (A) by striking ``and local'' and inserting ``local, and 
     tribal''; and
       (B) by striking ``private sector cooperation and 
     participation'' and inserting ``cooperation and participation 
     by private sector entities, including nonprofit employee 
     labor organizations,'';
       (3) in subparagraph (E)--
       (A) by striking ``response'' and inserting ``prevention, 
     response,''; and
       (B) by inserting ``and threatened and executed acts of 
     terrorism outside the United States to the extent such acts 
     affect United States transportation systems'' before the 
     period at the end;
       (4) in subparagraph (F), by adding at the end the 
     following: ``Transportation security research and development 
     projects shall be based, to the extent practicable, on such 
     prioritization. Nothing in the preceding sentence shall be 
     construed to require the termination of any research or 
     development project initiated by the Secretary of Homeland 
     Security or the Secretary of Transportation before the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007.''; and
       (5) by adding at the end the following:
       ``(G) A 3- and 10-year budget for Federal transportation 
     security programs that will achieve the priorities of the 
     National Strategy for Transportation Security.
       ``(H) Methods for linking the individual transportation 
     modal security plans and the programs contained therein, and 
     a plan for addressing the security needs of intermodal 
     transportation.
       ``(I) Transportation modal security plans described in 
     paragraph (1)(B), including operational recovery plans to 
     expedite, to the maximum extent practicable, the return to 
     operation of an adversely affected transportation system 
     following a major terrorist attack on that system or other 
     incident. These plans shall be coordinated with the 
     resumption of trade protocols required under section 202 of 
     the SAFE Port Act (6 U.S.C. 942) and the National Maritime 
     Transportation Security Plan required under section 70103(a) 
     of title 46.''.
       (c) Periodic Progress Reports.--Section 114(t)(4) of such 
     title is amended--
       (1) in subparagraph (C)--
       (A) in clause (i) by inserting ``, including the 
     transportation modal security plans'' before the period at 
     the end; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Content.--Each progress report submitted under this 
     subparagraph shall include, at a minimum, the following:

       ``(I) Recommendations for improving and implementing the 
     National Strategy for Transportation Security and the 
     transportation modal and intermodal security plans that the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Transportation, considers appropriate.
       ``(II) An accounting of all grants for transportation 
     security, including grants and contracts for research and 
     development, awarded by the Secretary of Homeland Security in 
     the most recent fiscal year and a description of how such 
     grants accomplished the goals of the National Strategy for 
     Transportation Security.
       ``(III) An accounting of all--

       ``(aa) funds requested in the President's budget submitted 
     pursuant to section 1105 of title 31 for the most recent 
     fiscal year for transportation security, by mode;
       ``(bb) personnel working on transportation security by 
     mode, including the number of contractors; and
       ``(cc) information on the turnover in the previous year 
     among senior staff of the Department of Homeland Security, 
     including component agencies, working on transportation 
     security issues. Such information shall include the number of 
     employees who have permanently left the office, agency, or 
     area in which they worked, and the amount of time that they 
     worked for the Department.
       ``(iii) Written explanation of transportation security 
     activities not delineated in the national strategy for 
     transportation security.--At the end of each fiscal year, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees a written explanation of 
     any Federal transportation security activity that is 
     inconsistent with the National Strategy for Transportation 
     Security, including the amount of funds to be expended for 
     the activity and the number of personnel involved.''; and
       (2) by striking subparagraph (E) and inserting the 
     following:
       ``(E) Appropriate congressional committees defined.--In 
     this subsection, the term `appropriate congressional 
     committees' means the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation, the Committee on Homeland 
     Security and Governmental Affairs, and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.''.
       (d) Priority Status.--Section 114(t)(5)(B) of such title is 
     amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) by redesignating clause (iv) as clause (v); and
       (3) by inserting after clause (iii) the following:
       ``(iv) the transportation sector specific plan required 
     under Homeland Security Presidential Directive 7; and''.
       (e) Coordination and Plan Distribution.--Section 114(t) of 
     such title is amended by adding at the end the following:
       ``(6) Coordination.--In carrying out the responsibilities 
     under this section, the Secretary of Homeland Security, in 
     coordination with the Secretary of Transportation, shall 
     consult, as appropriate, with Federal, State, and local 
     agencies, tribal governments, private sector entities 
     (including nonprofit employee labor organizations), 
     institutions of higher learning, and other entities.
       ``(7) Plan distribution.--The Secretary of Homeland 
     Security shall make available and appropriately publicize an 
     unclassified version of the National Strategy for 
     Transportation Security, including its component 
     transportation modal security plans, to Federal, State, 
     regional, local and tribal authorities, transportation system 
     owners or operators, private sector stakeholders, including 
     nonprofit employee labor organizations representing 
     transportation employees, institutions of higher learning, 
     and other appropriate entities.''.

     SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.

       (a) In General.--Section 114 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(u) Transportation Security Information Sharing Plan.--
       ``(1) Definitions.--In this subsection:
       ``(A) Appropriate congressional committees.--The term 
     `appropriate congressional committees' has the meaning given 
     that term in subsection (t).
       ``(B) Plan.--The term `Plan' means the Transportation 
     Security Information Sharing Plan established under paragraph 
     (2).
       ``(C) Public and private stakeholders.--The term `public 
     and private stakeholders'

[[Page 20675]]

     means Federal, State, and local agencies, tribal governments, 
     and appropriate private entities, including nonprofit 
     employee labor organizations representing transportation 
     employees.
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(E) Transportation security information.--The term 
     `transportation security information' means information 
     relating to the risks to transportation modes, including 
     aviation, public transportation, railroad, ferry, highway, 
     maritime, pipeline, and over-the-road bus transportation, and 
     may include specific and general intelligence products, as 
     appropriate.
       ``(2) Establishment of plan.--The Secretary of Homeland 
     Security, in consultation with the program manager of the 
     information sharing environment established under section 
     1016 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (6 U.S.C. 485), the Secretary of Transportation, and 
     public and private stakeholders, shall establish a 
     Transportation Security Information Sharing Plan. In 
     establishing the Plan, the Secretary shall gather input on 
     the development of the Plan from private and public 
     stakeholders and the program manager of the information 
     sharing environment established under section 1016 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 485).
       ``(3) Purpose of plan.--The Plan shall promote sharing of 
     transportation security information between the Department of 
     Homeland Security and public and private stakeholders.
       ``(4) Content of plan.--The Plan shall include--
       ``(A) a description of how intelligence analysts within the 
     Department of Homeland Security will coordinate their 
     activities within the Department and with other Federal, 
     State, and local agencies, and tribal governments, including 
     coordination with existing modal information sharing centers 
     and the center described in section 1410 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007;
       ``(B) the establishment of a point of contact, which may be 
     a single point of contact within the Department of Homeland 
     Security, for each mode of transportation for the sharing of 
     transportation security information with public and private 
     stakeholders, including an explanation and justification to 
     the appropriate congressional committees if the point of 
     contact established pursuant to this subparagraph differs 
     from the agency within the Department that has the primary 
     authority, or has been delegated such authority by the 
     Secretary, to regulate the security of that transportation 
     mode;
       ``(C) a reasonable deadline by which the Plan will be 
     implemented; and
       ``(D) a description of resource needs for fulfilling the 
     Plan.
       ``(5) Coordination with information sharing .--The Plan 
     shall be--
       ``(A) implemented in coordination, as appropriate, with the 
     program manager for the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
       ``(B) consistent with the establishment of the information 
     sharing environment and any policies, guidelines, procedures, 
     instructions, or standards established by the President or 
     the program manager for the implementation and management of 
     the information sharing environment.
       ``(6) Reports to congress.--
       ``(A) In general.--Not later than 150 days after the date 
     of enactment of this subsection, and annually thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees, a report containing the Plan.
       ``(B) Annual report.--Not later than 1 year after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the appropriate congressional committees a report on 
     updates to and the implementation of the Plan.
       ``(7) Survey and report.--
       ``(A) In general.--The Comptroller General of the United 
     States shall conduct a biennial survey of the satisfaction of 
     recipients of transportation intelligence reports 
     disseminated under the Plan.
       ``(B) Information sought.--The survey conducted under 
     subparagraph (A) shall seek information about the quality, 
     speed, regularity, and classification of the transportation 
     security information products disseminated by the Department 
     of Homeland Security to public and private stakeholders.
       ``(C) Report.--Not later than 1 year after the date of the 
     enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, and every even numbered year 
     thereafter, the Comptroller General shall submit to the 
     appropriate congressional committees, a report on the results 
     of the survey conducted under subparagraph (A). The 
     Comptroller General shall also provide a copy of the report 
     to the Secretary.
       ``(8) Security clearances.--The Secretary shall, to the 
     greatest extent practicable, take steps to expedite the 
     security clearances needed for designated public and private 
     stakeholders to receive and obtain access to classified 
     information distributed under this section, as appropriate.
       ``(9) Classification of material.--The Secretary, to the 
     greatest extent practicable, shall provide designated public 
     and private stakeholders with transportation security 
     information in an unclassified format.''.
       (b) Congressional Oversight of Security Assurance for 
     Public and Private Stakeholders.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall provide a semiannual report to the Committee 
     on Homeland Security and Governmental Affairs, the Committee 
     on Commerce, Science, and Transportation, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that includes--
       (A) the number of public and private stakeholders who were 
     provided with each report;
       (B) a description of the measures the Secretary has taken, 
     under section 114(u)(7) of title 49, United States Code, as 
     added by this section, or otherwise, to ensure proper 
     treatment and security for any classified information to be 
     shared with the public and private stakeholders under the 
     Plan; and
       (C) an explanation of the reason for the denial of 
     transportation security information to any stakeholder who 
     had previously received such information.
       (2) No report required if no changes in stakeholders.--The 
     Secretary is not required to provide a semiannual report 
     under paragraph (1) if no stakeholders have been added to or 
     removed from the group of persons with whom transportation 
     security information is shared under the plan since the end 
     of the period covered by the last preceding semiannual 
     report.

     SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

       (a) In General.--The Secretary is authorized to establish, 
     operate, and maintain a National Domestic Preparedness 
     Consortium within the Department.
       (b) Members.--Members of the National Domestic Preparedness 
     Consortium shall consist of--
       (1) the Center for Domestic Preparedness;
       (2) the National Energetic Materials Research and Testing 
     Center, New Mexico Institute of Mining and Technology;
       (3) the National Center for Biomedical Research and 
     Training, Louisiana State University;
       (4) the National Emergency Response and Rescue Training 
     Center, Texas A&M University;
       (5) the National Exercise, Test, and Training Center, 
     Nevada Test Site;
       (6) the Transportation Technology Center, Incorporated, in 
     Pueblo, Colorado; and
       (7) the National Disaster Preparedness Training Center, 
     University of Hawaii.
       (c) Duties.--The National Domestic Preparedness Consortium 
     shall identify, develop, test, and deliver training to State, 
     local, and tribal emergency response providers, provide on-
     site and mobile training at the performance and management 
     and planning levels, and facilitate the delivery of training 
     by the training partners of the Department.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary--
       (1) for the Center for Domestic Preparedness--
       (A) $57,000,000 for fiscal year 2008;
       (B) $60,000,000 for fiscal year 2009;
       (C) $63,000,000 for fiscal year 2010; and
       (D) $66,000,000 for fiscal year 2011; and
       (2) for the National Energetic Materials Research and 
     Testing Center, the National Center for Biomedical Research 
     and Training, the National Emergency Response and Rescue 
     Training Center, the National Exercise, Test, and Training 
     Center, the Transportation Technology Center, Incorporated, 
     and the National Disaster Preparedness Training Center each--
       (A) $22,000,000 for fiscal year 2008;
       (B) $23,000,000 for fiscal year 2009;
       (C) $24,000,000 for fiscal year 2010; and
       (D) $25,500,000 for fiscal year 2011.
       (e) Savings Provision.--From the amounts appropriated 
     pursuant to this section, the Secretary shall ensure that 
     future amounts provided to each of the following entities are 
     not less than the amounts provided to each such entity for 
     participation in the Consortium in fiscal year 2007:
       (1) the Center for Domestic Preparedness;
       (2) the National Energetic Materials Research and Testing 
     Center, New Mexico Institute of Mining and Technology;
       (3) the National Center for Biomedical Research and 
     Training, Louisiana State University;
       (4) the National Emergency Response and Rescue Training 
     Center, Texas A&M University; and
       (5) the National Exercise, Test, and Training Center, 
     Nevada Test Site.

     SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF 
                   EXCELLENCE.

       (a) Establishment.--The Secretary shall establish 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.
       (b) Designation.--The Secretary shall select one of the 
     institutions identified in subsection (c) as the lead 
     institution responsible for coordinating the National 
     Transportation Security Center of Excellence.
       (c) Member Institutions.--
       (1) Consortium.--The institution of higher education 
     selected under subsection (b) shall execute agreements with 
     the other institutions of higher education identified in this 
     subsection and other institutions designated by the Secretary 
     to develop a consortium to assist in accomplishing the goals 
     of the Center.
       (2) Members.--The National Transportation Security Center 
     of Excellence shall consist of--
       (A) Texas Southern University in Houston, Texas;

[[Page 20676]]

       (B) the National Transit Institute at Rutgers, The State 
     University of New Jersey;
       (C) Tougaloo College;
       (D) the Connecticut Transportation Institute at the 
     University of Connecticut;
       (E) the Homeland Security Management Institute, Long Island 
     University;
       (F) the Mack-Blackwell National Rural Transportation Study 
     Center at the University of Arkansas; and
       (G) any additional institutions or facilities designated by 
     the Secretary.
       (3) Certain inclusions.--To the extent practicable, the 
     Secretary shall ensure that an appropriate number of any 
     additional consortium colleges or universities designated by 
     the Secretary under this subsection are Historically Black 
     Colleges and Universities, Hispanic Serving Institutions, and 
     Indian Tribally Controlled Colleges and Universities.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $18,000,000 for fiscal year 2008;
       (2) $18,000,000 for fiscal year 2009;
       (3) $18,000,000 for fiscal year 2010; and
       (4) $18,000,000 for fiscal year 2011.

     SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST 
                   ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE.

       (a) Immunity for Reports of Suspected Terrorist Activity or 
     Suspicious Behavior.--
       (1) In general.--Any person who, in good faith and based on 
     objectively reasonable suspicion, makes, or causes to be 
     made, a voluntary report of covered activity to an authorized 
     official shall be immune from civil liability under Federal, 
     State, and local law for such report.
       (2) False reports.--Paragraph (1) shall not apply to any 
     report that the person knew to be false or was made with 
     reckless disregard for the truth at the time that person made 
     that report.
       (b) Immunity for Response.--
       (1) In general.--Any authorized official who observes, or 
     receives a report of, covered activity and takes reasonable 
     action in good faith to respond to such activity shall have 
     qualified immunity from civil liability for such action, 
     consistent with applicable law in the relevant jurisdiction. 
     An authorized official as defined by subsection (d)(1)(A) not 
     entitled to assert the defense of qualified immunity shall 
     nevertheless be immune from civil liability under Federal, 
     State, and local law if such authorized official takes 
     reasonable action, in good faith, to respond to the reported 
     activity.
       (2) Savings clause.--Nothing in this subsection shall 
     affect the ability of any authorized official to assert any 
     defense, privilege, or immunity that would otherwise be 
     available, and this subsection shall not be construed as 
     affecting any such defense, privilege, or immunity.
       (c) Attorney Fees and Costs.--Any person or authorized 
     official found to be immune from civil liability under this 
     section shall be entitled to recover from the plaintiff all 
     reasonable costs and attorney fees.
       (d) Definitions.--In this section:
       (1) Authorized official.--The term ``authorized official'' 
     means--
       (A) any employee or agent of a passenger transportation 
     system or other person with responsibilities relating to the 
     security of such systems;
       (B) any officer, employee, or agent of the Department of 
     Homeland Security, the Department of Transportation, or the 
     Department of Justice with responsibilities relating to the 
     security of passenger transportation systems; or
       (C) any Federal, State, or local law enforcement officer.
       (2) Covered activity.--The term ``covered activity'' means 
     any suspicious transaction, activity, or occurrence that 
     involves, or is directed against, a passenger transportation 
     system or vehicle or its passengers indicating that an 
     individual may be engaging, or preparing to engage, in a 
     violation of law relating to--
       (A) a threat to a passenger transportation system or 
     passenger safety or security; or
       (B) an act of terrorism (as that term is defined in section 
     3077 of title 18, United States Code).
       (3) Passenger transportation.--The term ``passenger 
     transportation'' means--
       (A) public transportation, as defined in section 5302 of 
     title 49, United States Code;
       (B) over-the-road bus transportation, as defined in title 
     XV of this Act, and school bus transportation;
       (C) intercity passenger rail transportation as defined in 
     section 24102 of title 49, United States Code;
       (D) the transportation of passengers onboard a passenger 
     vessel as defined in section 2101 of title 46, United States 
     Code;
       (E) other regularly scheduled waterborne transportation 
     service of passengers by vessel of at least 20 gross tons; 
     and
       (F) air transportation, as defined in section 40102 of 
     title 49, United States Code, of passengers.
       (4) Passenger transportation system.--The term ``passenger 
     transportation system'' means an entity or entities organized 
     to provide passenger transportation using vehicles, including 
     the infrastructure used to provide such transportation.
       (5) Vehicle.--The term ``vehicle'' has the meaning given to 
     that term in section 1992(16) of title 18, United States 
     Code.
       (e) Effective Date.--This section shall take effect on 
     October 1, 2006, and shall apply to all activities and claims 
     occurring on or after such date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

     SEC. 1301. DEFINITIONS.

       For purposes of this title, the following terms apply:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Commerce, Science, and Transportation, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) State.--The term ``State'' means any one of the 50 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, the Virgin Islands, Guam, American Samoa, 
     and any other territory or possession of the United States.
       (5) Terrorism.--The term ``terrorism'' has the meaning that 
     term has in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       (6) United states.--The term ``United States'' means the 50 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, the Virgin Islands, Guam, American Samoa, 
     and any other territory or possession of the United States.

     SEC. 1302. ENFORCEMENT AUTHORITY.

       (a) In General.--Section 114 of title 49, United States 
     Code, as amended by section 1203 of this Act, is further 
     amended by adding at the end the following:
       ``(v) Enforcement of Regulations and Orders of the 
     Secretary of Homeland Security.--
       ``(1) Application of subsection.--
       ``(A) In general.--This subsection applies to the 
     enforcement of regulations prescribed, and orders issued, by 
     the Secretary of Homeland Security under a provision of 
     chapter 701 of title 46 and under a provision of this title 
     other than a provision of chapter 449 (in this subsection 
     referred to as an `applicable provision of this title').
       ``(B) Violations of chapter 449.--The penalties for 
     violations of regulations prescribed and orders issued by the 
     Secretary of Homeland Security under chapter 449 of this 
     title are provided under chapter 463 of this title.
       ``(C) Nonapplication to certain violations.--
       ``(i) Paragraphs (2) through (5) do not apply to violations 
     of regulations prescribed, and orders issued, by the 
     Secretary of Homeland Security under a provision of this 
     title--

       ``(I) involving the transportation of personnel or 
     shipments of materials by contractors where the Department of 
     Defense has assumed control and responsibility;
       ``(II) by a member of the armed forces of the United States 
     when performing official duties; or
       ``(III) by a civilian employee of the Department of Defense 
     when performing official duties.

       ``(ii) Violations described in subclause (I), (II), or 
     (III) of clause (i) shall be subject to penalties as 
     determined by the Secretary of Defense or the Secretary's 
     designee.
       ``(2) Civil penalty.--
       ``(A) In general.--A person is liable to the United States 
     Government for a civil penalty of not more than $10,000 for a 
     violation of a regulation prescribed, or order issued, by the 
     Secretary of Homeland Security under an applicable provision 
     of this title.
       ``(B) Repeat violations.--A separate violation occurs under 
     this paragraph for each day the violation continues.
       ``(3) Administrative imposition of civil penalties.--
       ``(A) In general.--The Secretary of Homeland Security may 
     impose a civil penalty for a violation of a regulation 
     prescribed, or order issued, under an applicable provision of 
     this title. The Secretary shall give written notice of the 
     finding of a violation and the penalty.
       ``(B) Scope of civil action.--In a civil action to collect 
     a civil penalty imposed by the Secretary under this 
     subsection, a court may not re-examine issues of liability or 
     the amount of the penalty.
       ``(C) Jurisdiction.--The district courts of the United 
     States shall have exclusive jurisdiction of civil actions to 
     collect a civil penalty imposed by the Secretary under this 
     subsection if--
       ``(i) the amount in controversy is more than--

       ``(I) $400,000, if the violation was committed by a person 
     other than an individual or small business concern; or
       ``(II) $50,000 if the violation was committed by an 
     individual or small business concern;

       ``(ii) the action is in rem or another action in rem based 
     on the same violation has been brought; or
       ``(iii) another action has been brought for an injunction 
     based on the same violation.
       ``(D) Maximum penalty.--The maximum civil penalty the 
     Secretary administratively may impose under this paragraph 
     is--
       ``(i) $400,000, if the violation was committed by a person 
     other than an individual or small business concern; or
       ``(ii) $50,000, if the violation was committed by an 
     individual or small business concern.
       ``(E) Notice and opportunity to request hearing.--Before 
     imposing a penalty under this section the Secretary shall 
     provide to the person against whom the penalty is to be 
     imposed--
       ``(i) written notice of the proposed penalty; and
       ``(ii) the opportunity to request a hearing on the proposed 
     penalty, if the Secretary receives

[[Page 20677]]

     the request not later than 30 days after the date on which 
     the person receives notice.
       ``(4) Compromise and setoff.--
       ``(A) The Secretary may compromise the amount of a civil 
     penalty imposed under this subsection.
       ``(B) The Government may deduct the amount of a civil 
     penalty imposed or compromised under this subsection from 
     amounts it owes the person liable for the penalty.
       ``(5) Investigations and proceedings.--Chapter 461 shall 
     apply to investigations and proceedings brought under this 
     subsection to the same extent that it applies to 
     investigations and proceedings brought with respect to 
     aviation security duties designated to be carried out by the 
     Secretary.
       ``(6) Definitions.--In this subsection:
       ``(A) Person.--The term `person' does not include--
       ``(i) the United States Postal Service; or
       ``(ii) the Department of Defense.
       ``(B) Small business concern.--The term `small business 
     concern' has the meaning given that term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       ``(7) Enforcement transparency.--
       ``(A) In general.--Not later than December 31, 2008, and 
     annually thereafter, the Secretary shall--
       ``(i) provide an annual summary to the public of all 
     enforcement actions taken by the Secretary under this 
     subsection; and
       ``(ii) include in each such summary the docket number of 
     each enforcement action, the type of alleged violation, the 
     penalty or penalties proposed, and the final assessment 
     amount of each penalty.
       ``(B) Electronic availability.--Each summary under this 
     paragraph shall be made available to the public by electronic 
     means.
       ``(C) Relationship to the freedom of information act and 
     the privacy act.--Nothing in this subsection shall be 
     construed to require disclosure of information or records 
     that are exempt from disclosure under sections 552 or 552a of 
     title 5.
       ``(D) Enforcement guidance.--Not later than 180 days after 
     the enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Secretary shall provide a report 
     to the public describing the enforcement process established 
     under this subsection.''.
       (b) Conforming Amendment.--Section 46301(a)(4) of title 49, 
     United States Code, is amended by striking ``or another 
     requirement under this title administered by the Under 
     Secretary of Transportation for Security''.

     SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND 
                   RESPONSE TEAMS.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Transportation Security Administration, 
     may develop Visible Intermodal Prevention and Response 
     (referred to in this section as ``VIPR'') teams to augment 
     the security of any mode of transportation at any location 
     within the United States. In forming a VIPR team, the 
     Secretary--
       (1) may use any asset of the Department, including Federal 
     air marshals, surface transportation security inspectors, 
     canine detection teams, and advanced screening technology;
       (2) may determine when a VIPR team shall be deployed, as 
     well as the duration of the deployment;
       (3) shall, prior to and during the deployment, consult with 
     local security and law enforcement officials in the 
     jurisdiction where the VIPR team is or will be deployed, to 
     develop and agree upon the appropriate operational protocols 
     and provide relevant information about the mission of the 
     VIPR team, as appropriate; and
       (4) shall, prior to and during the deployment, consult with 
     all transportation entities directly affected by the 
     deployment of a VIPR team, as appropriate, including railroad 
     carriers, air carriers, airport owners, over-the-road bus 
     operators and terminal owners and operators, motor carriers, 
     public transportation agencies, owners or operators of 
     highways, port operators and facility owners, vessel owners 
     and operators and pipeline operators.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     such sums as necessary for fiscal years 2007 through 2011.

     SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Transportation Security Administration, 
     is authorized to train, employ, and utilize surface 
     transportation security inspectors.
       (b) Mission.--The Secretary shall use surface 
     transportation security inspectors to assist surface 
     transportation carriers, operators, owners, entities, and 
     facilities to enhance their security against terrorist attack 
     and other security threats and to assist the Secretary in 
     enforcing applicable surface transportation security 
     regulations and directives.
       (c) Authorities.--Surface transportation security 
     inspectors employed pursuant to this section shall be 
     authorized such powers and delegated such responsibilities as 
     the Secretary determines appropriate, subject to subsection 
     (e).
       (d) Requirements.--The Secretary shall require that surface 
     transportation security inspectors have relevant 
     transportation experience and other security and inspection 
     qualifications, as determined appropriate.
       (e) Limitations.--
       (1) Inspectors.--Surface transportation inspectors shall be 
     prohibited from issuing fines to public transportation 
     agencies, as defined in title XIV, for violations of the 
     Department's regulations or orders except through the process 
     described in paragraph (2).
       (2) Civil penalties.--The Secretary shall be prohibited 
     from assessing civil penalties against public transportation 
     agencies, as defined in title XIV, for violations of the 
     Department's regulations or orders, except in accordance with 
     the following:
       (A) In the case of a public transportation agency that is 
     found to be in violation of a regulation or order issued by 
     the Secretary, the Secretary shall seek correction of the 
     violation through a written notice to the public 
     transportation agency and shall give the public 
     transportation agency reasonable opportunity to correct the 
     violation or propose an alternative means of compliance 
     acceptable to the Secretary.
       (B) If the public transportation agency does not correct 
     the violation or propose an alternative means of compliance 
     acceptable to the Secretary within a reasonable time period 
     that is specified in the written notice, the Secretary may 
     take any action authorized in section 114 of title 49, United 
     States Code, as amended by this Act.
       (3) Limitation on secretary.--The Secretary shall not 
     initiate civil enforcement actions for violations of 
     administrative and procedural requirements pertaining to the 
     application for, and expenditure of, funds awarded under 
     transportation security grant programs under this Act.
       (f) Number of Inspectors.--The Secretary shall employ up to 
     a total of--
       (1) 100 surface transportation security inspectors in 
     fiscal year 2007;
       (2) 150 surface transportation security inspectors in 
     fiscal year 2008;
       (3) 175 surface transportation security inspectors in 
     fiscal year 2009; and
       (4) 200 surface transportation security inspectors in 
     fiscal years 2010 and 2011.
       (g) Coordination.--The Secretary shall ensure that the 
     mission of the surface transportation security inspectors is 
     consistent with any relevant risk assessments required by 
     this Act or completed by the Department, the modal plans 
     required under section 114(t) of title 49, United States 
     Code, the Memorandum of Understanding between the Department 
     and the Department of Transportation on Roles and 
     Responsibilities, dated September 28, 2004, and any and all 
     subsequent annexes to this Memorandum of Understanding, and 
     other relevant documents setting forth the Department's 
     transportation security strategy, as appropriate.
       (h) Consultation.--The Secretary shall periodically consult 
     with the surface transportation entities which are or may be 
     inspected by the surface transportation security inspectors, 
     including, as appropriate, railroad carriers, over-the-road 
     bus operators and terminal owners and operators, motor 
     carriers, public transportation agencies, owners or operators 
     of highways, and pipeline operators on--
       (1) the inspectors' duties, responsibilities, authorities, 
     and mission; and
       (2) strategies to improve transportation security and to 
     ensure compliance with transportation security requirements.
       (i) Report.--Not later than September 30, 2008, the 
     Department of Homeland Security Inspector General shall 
     transmit a report to the appropriate congressional committees 
     on the performance and effectiveness of surface 
     transportation security inspectors, whether there is a need 
     for additional inspectors, and other recommendations.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) $11,400,000 for fiscal year 2007;
       (2) $17,100,000 for fiscal year 2008;
       (3) $19,950,000 for fiscal year 2009;
       (4) $22,800,000 for fiscal year 2010; and
       (5) $22,800,000 for fiscal year 2011.

     SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY 
                   INFORMATION SHARING.

       (a) In General.--
       (1) Information sharing.--The Secretary, in consultation 
     with the Secretary of Transportation, shall establish a 
     program to provide appropriate information that the 
     Department has gathered or developed on the performance, use, 
     and testing of technologies that may be used to enhance 
     railroad, public transportation, and surface transportation 
     security to surface transportation entities, including 
     railroad carriers, over-the-road bus operators and terminal 
     owners and operators, motor carriers, public transportation 
     agencies, owners or operators of highways, pipeline 
     operators, and State, local, and tribal governments that 
     provide security assistance to such entities.
       (2) Designation of qualified antiterrorism technologies.--
     The Secretary shall include in such information provided in 
     paragraph (1) whether the technology is designated as a 
     qualified antiterrorism technology under the Support Anti-
     terrorism by Fostering Effective Technologies Act of 2002 
     (Public Law 107-296), as appropriate.
       (b) Purpose.--The purpose of the program is to assist 
     eligible grant recipients under this Act and others, as 
     appropriate, to purchase and use the best technology and 
     equipment available to meet the security needs of the 
     Nation's surface transportation system.
       (c) Coordination.--The Secretary shall ensure that the 
     program established under this section makes use of and is 
     consistent with other Department technology testing, 
     information sharing, evaluation, and standards-setting 
     programs, as appropriate.

[[Page 20678]]



     SEC. 1306. TSA PERSONNEL LIMITATIONS.

       Any statutory limitation on the number of employees in the 
     Transportation Security Administration does not apply to 
     employees carrying out this title and titles XII, XIV, and 
     XV.

     SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING 
                   PROGRAM.

       (a) Definitions.--For purposes of this section, the term 
     ``explosives detection canine team'' means a canine and a 
     canine handler that are trained to detect explosives, 
     radiological materials, chemical, nuclear or biological 
     weapons, or other threats as defined by the Secretary.
       (b) In General.--
       (1) Increased capacity.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall--
       (A) begin to increase the number of explosives detection 
     canine teams certified by the Transportation Security 
     Administration for the purposes of transportation-related 
     security by up to 200 canine teams annually by the end of 
     2010; and
       (B) encourage State, local, and tribal governments and 
     private owners of high-risk transportation facilities to 
     strengthen security through the use of highly trained 
     explosives detection canine teams.
       (2) Explosives detection canine teams.--The Secretary of 
     Homeland Security shall increase the number of explosives 
     detection canine teams by--
       (A) using the Transportation Security Administration's 
     National Explosives Detection Canine Team Training Center, 
     including expanding and upgrading existing facilities, 
     procuring and breeding additional canines, and increasing 
     staffing and oversight commensurate with the increased 
     training and deployment capabilities;
       (B) partnering with other Federal, State, or local 
     agencies, nonprofit organizations, universities, or the 
     private sector to increase the training capacity for canine 
     detection teams;
       (C) procuring explosives detection canines trained by 
     nonprofit organizations, universities, or the private sector 
     provided they are trained in a manner consistent with the 
     standards and requirements developed pursuant to subsection 
     (c) or other criteria developed by the Secretary; or
       (D) a combination of subparagraphs (A), (B), and (C), as 
     appropriate.
       (c) Standards for Explosives Detection Canine Teams.--
       (1) In general.--Based on the feasibility in meeting the 
     ongoing demand for quality explosives detection canine teams, 
     the Secretary shall establish criteria, including canine 
     training curricula, performance standards, and other 
     requirements approved by the Transportation Security 
     Administration necessary to ensure that explosives detection 
     canine teams trained by nonprofit organizations, 
     universities, and private sector entities are adequately 
     trained and maintained.
       (2) Expansion.--In developing and implementing such 
     curriculum, performance standards, and other requirements, 
     the Secretary shall--
       (A) coordinate with key stakeholders, including 
     international, Federal, State, and local officials, and 
     private sector and academic entities to develop best practice 
     guidelines for such a standardized program, as appropriate;
       (B) require that explosives detection canine teams trained 
     by nonprofit organizations, universities, or private sector 
     entities that are used or made available by the Secretary be 
     trained consistent with specific training criteria developed 
     by the Secretary; and
       (C) review the status of the private sector programs on at 
     least an annual basis to ensure compliance with training 
     curricula, performance standards, and other requirements.
       (d) Deployment.--The Secretary shall--
       (1) use the additional explosives detection canine teams as 
     part of the Department's efforts to strengthen security 
     across the Nation's transportation network, and may use the 
     canine teams on a more limited basis to support other 
     homeland security missions, as determined appropriate by the 
     Secretary;
       (2) make available explosives detection canine teams to all 
     modes of transportation, for high-risk areas or to address 
     specific threats, on an as-needed basis and as otherwise 
     determined appropriate by the Secretary;
       (3) encourage, but not require, any transportation facility 
     or system to deploy TSA-certified explosives detection canine 
     teams developed under this section; and
       (4) consider specific needs and training requirements for 
     explosives detection canine teams to be deployed across the 
     Nation's transportation network, including in venues of 
     multiple modes of transportation, as appropriate.
       (e) Canine Procurement.--The Secretary, acting through the 
     Administrator of the Transportation Security Administration, 
     shall work to ensure that explosives detection canine teams 
     are procured as efficiently as possible and at the best 
     price, while maintaining the needed level of quality, 
     including, if appropriate, through increased domestic 
     breeding.
       (f) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall report 
     to the appropriate congressional committees on the 
     utilization of explosives detection canine teams to 
     strengthen security and the capacity of the national 
     explosive detection canine team program.
       (g) Authorization.--There are authorized to be appropriated 
     to the Secretary such sums as may be necessary to carry out 
     this section for fiscal years 2007 through 2011.

     SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER 
                   FEE STUDY.

       (a) In General.--The Secretary of Homeland Security shall 
     conduct a study of the need for, and feasibility of, 
     establishing a system of maritime and surface transportation-
     related user fees that may be imposed and collected as a 
     dedicated revenue source, on a temporary or continuing basis, 
     to provide necessary funding for legitimate improvements to, 
     and maintenance of, maritime and surface transportation 
     security, including vessel and facility plans required under 
     section 70103(c) of title 46, United States Code. In 
     developing the study, the Secretary shall consult with 
     maritime and surface transportation carriers, shippers, 
     passengers, facility owners and operators, and other persons 
     as determined by the Secretary. Not later than 1 year after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report to the appropriate congressional committees 
     that contains--
       (1) the results of the study;
       (2) an assessment of the annual sources of funding 
     collected through maritime and surface transportation at 
     ports of entry and a detailed description of the distribution 
     and use of such funds, including the amount and percentage of 
     such sources that are dedicated to improve and maintain 
     security;
       (3) an assessment of--
       (A) the fees, charges, and standards imposed on United 
     States ports, port terminal operators, shippers, carriers, 
     and other persons who use United States ports of entry 
     compared with the fees and charges imposed on Canadian and 
     Mexican ports, Canadian and Mexican port terminal operators, 
     shippers, carriers, and other persons who use Canadian or 
     Mexican ports of entry; and
       (B) the impact of such fees, charges, and standards on the 
     competitiveness of United States ports, port terminal 
     operators, railroad carriers, motor carriers, pipelines, 
     other transportation modes, and shippers;
       (4) the private efforts and investments to secure maritime 
     and surface transportation modes, including those that are 
     operational and those that are planned; and
       (5) the Secretary's recommendations based upon the study, 
     and an assessment of the consistency of such recommendations 
     with the international obligations and commitments of the 
     United States.
       (b) Definitions.--In this section:
       (1) Port of entry.--The term ``port of entry'' means any 
     port or other facility through which foreign goods are 
     permitted to enter the customs territory of a country under 
     official supervision.
       (2) Maritime and surface transportation.--The term 
     ``maritime and surface transportation'' includes ocean borne 
     and vehicular transportation.

     SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       (a) In General.--Section 70105 of title 46, United States 
     Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Disqualifications.--
       ``(A) Permanent disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is permanently 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) if the individual has been 
     convicted, or found not guilty by reason of insanity, in a 
     civilian or military jurisdiction of any of the following 
     felonies:
       ``(i) Espionage or conspiracy to commit espionage.
       ``(ii) Sedition or conspiracy to commit sedition.
       ``(iii) Treason or conspiracy to commit treason.
       ``(iv) A Federal crime of terrorism (as defined in section 
     2332b(g) of title 18), a crime under a comparable State law, 
     or conspiracy to commit such crime.
       ``(v) A crime involving a transportation security incident.
       ``(vi) Improper transportation of a hazardous material in 
     violation of section 5104(b) of title 49, or a comparable 
     State law.
       ``(vii) Unlawful possession, use, sale, distribution, 
     manufacture, purchase, receipt, transfer, shipment, 
     transportation, delivery, import, export, or storage of, or 
     dealing in, an explosive or explosive device. In this clause, 
     an explosive or explosive device includes--

       ``(I) an explosive (as defined in sections 232(5) and 
     844(j) of title 18);
       ``(II) explosive materials (as defined in subsections (c) 
     through (f) of section 841 of title 18); and
       ``(III) a destructive device (as defined in 921(a)(4) of 
     title 18 or section 5845(f) of the Internal Revenue Code of 
     1986).

       ``(viii) Murder.
       ``(ix) Making any threat, or maliciously conveying false 
     information knowing the same to be false, concerning the 
     deliverance, placement, or detonation of an explosive or 
     other lethal device in or against a place of public use, a 
     State or other government facility, a public transportation 
     system, or an infrastructure facility.
       ``(x) A violation of chapter 96 of title 18, popularly 
     known as the Racketeer Influenced and Corrupt Organizations 
     Act, or a comparable State law, if one of the predicate acts 
     found by a jury or admitted by the defendant consists of one 
     of the crimes listed in this subparagraph.

[[Page 20679]]

       ``(xi) Attempt to commit any of the crimes listed in 
     clauses (i) through (iv).
       ``(xii) Conspiracy or attempt to commit any of the crimes 
     described in clauses (v) through (x).
       ``(B) Interim disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is disqualified 
     from being issued a biometric transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, during the 7-year 
     period ending on the date on which the individual applies for 
     such card, or was released from incarceration during the 5-
     year period ending on the date on which the individual 
     applies for such card, of any of the following felonies:
       ``(i) Unlawful possession, use, sale, manufacture, 
     purchase, distribution, receipt, transfer, shipment, 
     transportation, delivery, import, export, or storage of, or 
     dealing in, a firearm or other weapon. In this clause, a 
     firearm or other weapon includes--

       ``(I) firearms (as defined in section 921(a)(3) of title 18 
     or section 5845(a) of the Internal Revenue Code of 1986); and
       ``(II) items contained on the U.S. Munitions Import List 
     under section 447.21 of title 27, Code of Federal 
     Regulations.

       ``(ii) Extortion.
       ``(iii) Dishonesty, fraud, or misrepresentation, including 
     identity fraud and money laundering if the money laundering 
     is related to a crime described in this subparagraph or 
     subparagraph (A). In this clause, welfare fraud and passing 
     bad checks do not constitute dishonesty, fraud, or 
     misrepresentation.
       ``(iv) Bribery.
       ``(v) Smuggling.
       ``(vi) Immigration violations.
       ``(vii) Distribution of, possession with intent to 
     distribute, or importation of a controlled substance.
       ``(viii) Arson.
       ``(ix) Kidnaping or hostage taking.
       ``(x) Rape or aggravated sexual abuse.
       ``(xi) Assault with intent to kill.
       ``(xii) Robbery.
       ``(xiii) Conspiracy or attempt to commit any of the crimes 
     listed in this subparagraph.
       ``(xiv) Fraudulent entry into a seaport in violation of 
     section 1036 of title 18, or a comparable State law.
       ``(xv) A violation of the chapter 96 of title 18, popularly 
     known as the Racketeer Influenced and Corrupt Organizations 
     Act or a comparable State law, other than any of the 
     violations listed in subparagraph (A)(x).
       ``(C) Under want, warrant, or indictment.--An applicant who 
     is wanted, or under indictment, in any civilian or military 
     jurisdiction for a felony listed in paragraph (1)(A), is 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) until the want or warrant 
     is released or the indictment is dismissed.
       ``(D) Other potential disqualifications.--Except as 
     provided under subparagraphs (A) through (C), an individual 
     may not be denied a transportation security card under 
     subsection (b) unless the Secretary determines that 
     individual--
       ``(i) has been convicted within the preceding 7-year period 
     of a felony or found not guilty by reason of insanity of a 
     felony--

       ``(I) that the Secretary believes could cause the 
     individual to be a terrorism security risk to the United 
     States; or
       ``(II) for causing a severe transportation security 
     incident;

       ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
       ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(iv) otherwise poses a terrorism security risk to the 
     United States.
       ``(E) Modification of listed offenses.--The Secretary may, 
     by rulemaking, add to or modify the list of disqualifying 
     crimes described in paragraph (1)(B).''.

     SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND 
                   THE DEPARTMENT OF TRANSPORTATION.

       The Secretary of Homeland Security is the principal Federal 
     official responsible for transportation security. The roles 
     and responsibilities of the Department of Homeland Security 
     and the Department of Transportation in carrying out this 
     title and titles XII, XIV, and XV are the roles and 
     responsibilities of such Departments pursuant to the Aviation 
     and Transportation Security Act (Public Law 107-71); the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458); the National Infrastructure Protection 
     Plan required by Homeland Security Presidential Directive 7; 
     The Homeland Security Act of 2002; The National Response 
     Plan; Executive Order 13416: Strengthening Surface 
     Transportation Security, dated December 5, 2006; the 
     Memorandum of Understanding between the Department and the 
     Department of Transportation on Roles and Responsibilities, 
     dated September 28, 2004 and any and all subsequent annexes 
     to this Memorandum of Understanding; and any other relevant 
     agreements between the two Departments.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``National Transit Systems 
     Security Act of 2007''.

     SEC. 1402. DEFINITIONS.

       For purposes of this title, the following terms apply:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Banking, Housing, and Urban Affairs, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Disadvantaged businesses concerns.--The term 
     ``disadvantaged business concerns'' means small businesses 
     that are owned and controlled by socially and economically 
     disadvantaged individuals as defined in section 124, title 
     13, Code of Federal Regulations.
       (4) Frontline employee.--The term ``frontline employee'' 
     means an employee of a public transportation agency who is a 
     transit vehicle driver or operator, dispatcher, maintenance 
     and maintenance support employee, station attendant, customer 
     service employee, security employee, or transit police, or 
     any other employee who has direct contact with riders on a 
     regular basis, and any other employee of a public 
     transportation agency that the Secretary determines should 
     receive security training under section 1408.
       (5) Public transportation agency.--The term ``public 
     transportation agency'' means a publicly owned operator of 
     public transportation eligible to receive Federal assistance 
     under chapter 53 of title 49, United States Code.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 1403. FINDINGS.

       Congress finds that--
       (1) 182 public transportation systems throughout the world 
     have been primary targets of terrorist attacks;
       (2) more than 6,000 public transportation agencies operate 
     in the United States;
       (3) people use public transportation vehicles 33,000,000 
     times each day;
       (4) the Federal Transit Administration has invested 
     $93,800,000,000 since 1992 for construction and improvements;
       (5) the Federal investment in transit security has been 
     insufficient; and
       (6) greater Federal investment in transit security 
     improvements per passenger boarding is necessary to better 
     protect the American people, given transit's vital importance 
     in creating mobility and promoting our Nation's economy.

     SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION 
                   SECURITY.

       (a) National Strategy.--Not later than 9 months after the 
     date of enactment of this Act and based upon the previous and 
     ongoing security assessments conducted by the Department and 
     the Department of Transportation, the Secretary, consistent 
     with and as required by section 114(t) of title 49, United 
     States Code, shall develop and implement the modal plan for 
     public transportation, entitled the ``National Strategy for 
     Public Transportation Security''.
       (b) Purpose.--
       (1) Guidelines.--In developing the National Strategy for 
     Public Transportation Security, the Secretary shall establish 
     guidelines for public transportation security that--
       (A) minimize security threats to public transportation 
     systems; and
       (B) maximize the abilities of public transportation systems 
     to mitigate damage resulting from terrorist attack or other 
     major incident.
       (2) Assessments and consultations.--In developing the 
     National Strategy for Public Transportation Security, the 
     Secretary shall--
       (A) use established and ongoing public transportation 
     security assessments as the basis of the National Strategy 
     for Public Transportation Security; and
       (B) consult with all relevant stakeholders, including 
     public transportation agencies, nonprofit labor organizations 
     representing public transportation employees, emergency 
     responders, public safety officials, and other relevant 
     parties.
       (c) Contents.--In the National Strategy for Public 
     Transportation Security, the Secretary shall describe 
     prioritized goals, objectives, policies, actions, and 
     schedules to improve the security of public transportation.
       (d) Responsibilities.--The Secretary shall include in the 
     National Strategy for Public Transportation Security a 
     description of the roles, responsibilities, and authorities 
     of Federal, State, and local agencies, tribal governments, 
     and appropriate stakeholders. The plan shall also include--
       (1) the identification of, and a plan to address, gaps and 
     unnecessary overlaps in the roles, responsibilities, and 
     authorities of Federal agencies; and
       (2) a process for coordinating existing or future security 
     strategies and plans for public transportation, including the 
     National Infrastructure Protection Plan required by Homeland 
     Security Presidential Directive 7; Executive Order 13416: 
     Strengthening Surface Transportation Security dated December 
     5, 2006; the Memorandum of Understanding between the 
     Department and the Department of Transportation on Roles and 
     Responsibilities dated September 28, 2004; and subsequent 
     annexes and agreements.
       (e) Adequacy of Existing Plans and Strategies.--In 
     developing the National Strategy for Public Transportation 
     Security, the Secretary shall use relevant existing risk 
     assessments and strategies developed by the Department or 
     other Federal agencies, including those developed or 
     implemented pursuant to section 114(t) of title

[[Page 20680]]

     49, United States Code, or Homeland Security Presidential 
     Directive 7.
       (f) Funding.--There is authorized to be appropriated to the 
     Secretary to carry out this section $2,000,000 for fiscal 
     year 2008.

     SEC. 1405. SECURITY ASSESSMENTS AND PLANS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Transit Administration of the Department of Transportation 
     shall submit all public transportation security assessments 
     and all other relevant information to the Secretary.
       (2) Secretarial review.--Not later than 60 days after 
     receiving the submission under paragraph (1), the Secretary 
     shall review and augment the security assessments received, 
     and conduct additional security assessments as necessary to 
     ensure that at a minimum, all high risk public transportation 
     agencies, as determined by the Secretary, will have a 
     completed security assessment.
       (3) Content.--The Secretary shall ensure that each 
     completed security assessment includes--
       (A) identification of critical assets, infrastructure, and 
     systems and their vulnerabilities; and
       (B) identification of any other security weaknesses, 
     including weaknesses in emergency response planning and 
     employee training.
       (b) Bus and Rural Public Transportation Systems.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary shall--
       (1) conduct security assessments, based on a representative 
     sample, to determine the specific needs of--
       (A) local bus-only public transportation systems; and
       (B) public transportation systems that receive funds under 
     section 5311 of title 49, United States Code; and
       (2) make the representative assessments available for use 
     by similarly situated systems.
       (c) Security Plans.--
       (1) Requirement for plan.--
       (A) High risk agencies.--The Secretary shall require public 
     transportation agencies determined by the Secretary to be at 
     high risk for terrorism to develop a comprehensive security 
     plan. The Secretary shall provide technical assistance and 
     guidance to public transportation agencies in preparing and 
     implementing security plans under this section.
       (B) Other agencies.--Provided that no public transportation 
     agency that has not been designated high risk shall be 
     required to develop a security plan, the Secretary may also 
     establish a security program for public transportation 
     agencies not designated high risk by the Secretary, to assist 
     those public transportation agencies which request 
     assistance, including--
       (i) guidance to assist such agencies in conducting security 
     assessments and preparing and implementing security plans; 
     and
       (ii) a process for the Secretary to review and approve such 
     assessments and plans, as appropriate.
       (2) Contents of plan.--The Secretary shall ensure that 
     security plans include, as appropriate--
       (A) a prioritized list of all items included in the public 
     transportation agency's security assessment that have not yet 
     been addressed;
       (B) a detailed list of any additional capital and 
     operational improvements identified by the Department or the 
     public transportation agency and a certification of the 
     public transportation agency's technical capacity for 
     operating and maintaining any security equipment that may be 
     identified in such list;
       (C) specific procedures to be implemented or used by the 
     public transportation agency in response to a terrorist 
     attack, including evacuation and passenger communication 
     plans and appropriate evacuation and communication measures 
     for the elderly and individuals with disabilities;
       (D) a coordinated response plan that establishes procedures 
     for appropriate interaction with State and local law 
     enforcement agencies, emergency responders, and Federal 
     officials in order to coordinate security measures and plans 
     for response in the event of a terrorist attack or other 
     major incident;
       (E) a strategy and timeline for conducting training under 
     section 1408;
       (F) plans for providing redundant and other appropriate 
     backup systems necessary to ensure the continued operation of 
     critical elements of the public transportation system in the 
     event of a terrorist attack or other major incident;
       (G) plans for providing service capabilities throughout the 
     system in the event of a terrorist attack or other major 
     incident in the city or region which the public 
     transportation system serves;
       (H) methods to mitigate damage within a public 
     transportation system in case of an attack on the system, 
     including a plan for communication and coordination with 
     emergency responders; and
       (I) other actions or procedures as the Secretary determines 
     are appropriate to address the security of the public 
     transportation system.
       (3) Review.--Not later than 6 months after receiving the 
     plans required under this section, the Secretary shall--
       (A) review each security plan submitted;
       (B) require the public transportation agency to make any 
     amendments needed to ensure that the plan meets the 
     requirements of this section; and
       (C) approve any security plan that meets the requirements 
     of this section.
       (4) Exemption.--The Secretary shall not require a public 
     transportation agency to develop a security plan under 
     paragraph (1) if the agency does not receive a grant under 
     section 1406.
       (5) Waiver.--The Secretary may waive the exemption provided 
     in paragraph (4) to require a public transportation agency to 
     develop a security plan under paragraph (1) in the absence of 
     grant funds under section 1406 if not less than 3 days after 
     making the determination the Secretary provides the 
     appropriate congressional committees and the public 
     transportation agency written notification detailing the need 
     for the security plan, the reasons grant funding has not been 
     made available, and the reason the agency has been designated 
     high risk.
       (d) Consistency With Other Plans.--The Secretary shall 
     ensure that the security plans developed by public 
     transportation agencies under this section are consistent 
     with the security assessments developed by the Department and 
     the National Strategy for Public Transportation Security 
     developed under section 1404.
       (e) Updates.--Not later than September 30, 2008, and 
     annually thereafter, the Secretary shall--
       (1) update the security assessments referred to in 
     subsection (a);
       (2) update the security improvement priorities required 
     under subsection (f); and
       (3) require public transportation agencies to update the 
     security plans required under subsection (c) as appropriate.
       (f) Security Improvement Priorities.--
       (1) In general.--Beginning in fiscal year 2008 and each 
     fiscal year thereafter, the Secretary, after consultation 
     with management and nonprofit employee labor organizations 
     representing public transportation employees as appropriate, 
     and with appropriate State and local officials, shall utilize 
     the information developed or received in this section to 
     establish security improvement priorities unique to each 
     individual public transportation agency that has been 
     assessed.
       (2) Allocations.--The Secretary shall use the security 
     improvement priorities established in paragraph (1) as the 
     basis for allocating risk-based grant funds under section 
     1406, unless the Secretary notifies the appropriate 
     congressional committees that the Secretary has determined an 
     adjustment is necessary to respond to an urgent threat or 
     other significant national security factors.
       (g) Shared Facilities.--The Secretary shall encourage the 
     development and implementation of coordinated assessments and 
     security plans to the extent a public transportation agency 
     shares facilities (such as tunnels, bridges, stations, or 
     platforms) with another public transportation agency, a 
     freight or passenger railroad carrier, or over-the-road bus 
     operator that are geographically close or otherwise co-
     located.
       (h) Nondisclosure of Information.--
       (1) Submission of information to congress.--Nothing in this 
     section shall be construed as authorizing the withholding of 
     any information from Congress.
       (2) Disclosure of independently furnished information.--
     Nothing in this section shall be construed as affecting any 
     authority or obligation of a Federal agency to disclose any 
     record or information that the Federal agency obtains from a 
     public transportation agency under any other Federal law.
       (i) Determination.--In response to a petition by a public 
     transportation agency or at the discretion of the Secretary, 
     the Secretary may recognize existing procedures, protocols, 
     and standards of a public transportation agency that the 
     Secretary determines meet all or part of the requirements of 
     this section regarding security assessments or security 
     plans.

     SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

       (a) Security Assistance Program.--
       (1) In general.--The Secretary shall establish a program 
     for making grants to eligible public transportation agencies 
     for security improvements described in subsection (b).
       (2) Eligibility.--A public transportation agency is 
     eligible for a grant under this section if the Secretary has 
     performed a security assessment or the agency has developed a 
     security plan under section 1405. Grant funds shall only be 
     awarded for permissible uses under subsection (b) to--
       (A) address items included in a security assessment; or
       (B) further a security plan.
       (b) Uses of Funds.--A recipient of a grant under subsection 
     (a) shall use the grant funds for one or more of the 
     following:
       (1) Capital uses of funds, including--
       (A) tunnel protection systems;
       (B) perimeter protection systems, including access control, 
     installation of improved lighting, fencing, and barricades;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems, including the acquisition of canines used 
     for such detection;
       (E) surveillance equipment;
       (F) communications equipment, including mobile service 
     equipment to provide access to wireless Enhanced 911 (E911) 
     emergency services in an underground fixed guideway system;
       (G) emergency response equipment, including personal 
     protective equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or tracking and recovery equipment, 
     and other automated-vehicle-locator-type system equipment;
       (J) evacuation improvements;

[[Page 20681]]

       (K) purchase and placement of bomb-resistant trash cans 
     throughout public transportation facilities, including subway 
     exits, entrances, and tunnels;
       (L) capital costs associated with security awareness, 
     security preparedness, and security response training, 
     including training under section 1408 and exercises under 
     section 1407;
       (M) security improvements for public transportation 
     systems, including extensions thereto, in final design or 
     under construction;
       (N) security improvements for stations and other public 
     transportation infrastructure, including stations and other 
     public transportation infrastructure owned by State or local 
     governments; and
       (O) other capital security improvements determined 
     appropriate by the Secretary.
       (2) Operating uses of funds, including--
       (A) security training, including training under section 
     1408 and training developed by institutions of higher 
     education and by nonprofit employee labor organizations, for 
     public transportation employees, including frontline 
     employees;
       (B) live or simulated exercises under section 1407;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, radiological, biological, 
     or explosives detection;
       (E) development of security plans under section 1405;
       (F) overtime reimbursement including reimbursement of 
     State, local, and tribal governments, for costs for enhanced 
     security personnel during significant national and 
     international public events;
       (G) operational costs, including reimbursement of State, 
     local, and tribal governments for costs for personnel 
     assigned to full-time or part-time security or 
     counterterrorism duties related to public transportation, 
     provided that this expense totals no more than 10 percent of 
     the total grant funds received by a public transportation 
     agency in any 1 year; and
       (H) other operational security costs determined appropriate 
     by the Secretary, excluding routine, ongoing personnel costs, 
     other than those set forth in this section.
       (c) Department of Homeland Security Responsibilities.--In 
     carrying out the responsibilities under subsection (a), the 
     Secretary shall--
       (1) determine the requirements for recipients of grants 
     under this section, including application requirements;
       (2) pursuant to subsection (a)(2), select the recipients of 
     grants based solely on risk; and
       (3) pursuant to subsection (b), establish the priorities 
     for which grant funds may be used under this section.
       (d) Distribution of Grants.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary and the 
     Secretary of Transportation shall determine the most 
     effective and efficient way to distribute grant funds to the 
     recipients of grants determined by the Secretary under 
     subsection (a). Subject to the determination made by the 
     Secretaries, the Secretary may transfer funds to the 
     Secretary of Transportation for the purposes of disbursing 
     funds to the grant recipient.
       (e) Subject to Certain Terms and Conditions.--Except as 
     otherwise specifically provided in this section, a grant 
     provided under this section shall be subject to the terms and 
     conditions applicable to a grant made under section 5307 of 
     title 49, United States Code, as in effect on January 1, 
     2007, and such other terms and conditions as are determined 
     necessary by the Secretary.
       (f) Limitation on Uses of Funds.--Grants made under this 
     section may not be used to make any State or local government 
     cost-sharing contribution under any other Federal law.
       (g) Annual Reports.--Each recipient of a grant under this 
     section shall report annually to the Secretary on the use of 
     the grant funds.
       (h) Guidelines.--Before distribution of funds to recipients 
     of grants, the Secretary shall issue guidelines to ensure 
     that, to the extent that recipients of grants under this 
     section use contractors or subcontractors, such recipients 
     shall use small, minority, women-owned, or disadvantaged 
     business concerns as contractors or subcontractors to the 
     extent practicable.
       (i) Coordination With State Homeland Security Plans.--In 
     establishing security improvement priorities under section 
     1405 and in awarding grants for capital security improvements 
     and operational security improvements under subsection (b), 
     the Secretary shall act consistently with relevant State 
     homeland security plans.
       (j) Multistate Transportation Systems.--In cases in which a 
     public transportation system operates in more than one State, 
     the Secretary shall give appropriate consideration to the 
     risks of the entire system, including those portions of the 
     States into which the system crosses, in establishing 
     security improvement priorities under section 1405 and in 
     awarding grants for capital security improvements and 
     operational security improvements under subsection (b).
       (k) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary shall notify simultaneously, the appropriate 
     congressional committees of the intent to award such grant.
       (l) Return of Misspent Grant Funds.--The Secretary shall 
     establish a process to require the return of any misspent 
     grant funds received under this section determined to have 
     been spent for a purpose other than those specified in the 
     grant award.
       (m) Authorization of Appropriations.--
       (1) There are authorized to be appropriated to the 
     Secretary to make grants under this section--
       (A) such sums as are necessary for fiscal year 2007;
       (B) $650,000,000 for fiscal year 2008, except that not more 
     than 50 percent of such funds may be used for operational 
     costs under subsection (b)(2);
       (C) $750,000,000 for fiscal year 2009, except that not more 
     than 30 percent of such funds may be used for operational 
     costs under subsection (b)(2);
       (D) $900,000,000 for fiscal year 2010, except that not more 
     than 20 percent of such funds may be used for operational 
     costs under subsection (b)(2); and
       (E) $1,100,000,000 for fiscal year 2011, except that not 
     more than 10 percent of such funds may be used for 
     operational costs under subsection (b)(2).
       (2) Period of availability.--Sums appropriated to carry out 
     this section shall remain available until expended.
       (3) Waiver.--The Secretary may waive the limitation on 
     operational costs specified in subparagraphs (B) through (E) 
     of paragraph (1) if the Secretary determines that such a 
     waiver is required in the interest of national security, and 
     if the Secretary provides a written justification to the 
     appropriate congressional committees prior to any such 
     action.
       (4) Effective date.--Funds provided for fiscal year 2007 
     transit security grants under Public Law 110-28 shall be 
     allocated based on security assessments that are in existence 
     as of the date of enactment of this Act.

     SEC. 1407. SECURITY EXERCISES.

       (a) In General.--The Secretary shall establish a program 
     for conducting security exercises for public transportation 
     agencies for the purpose of assessing and improving the 
     capabilities of entities described in subsection (b) to 
     prevent, prepare for, mitigate against, respond to, and 
     recover from acts of terrorism.
       (b) Covered Entities.--Entities to be assessed under the 
     program shall include--
       (1) Federal, State, and local agencies and tribal 
     governments;
       (2) public transportation agencies;
       (3) governmental and nongovernmental emergency response 
     providers and law enforcement personnel, including transit 
     police; and
       (4) any other organization or entity that the Secretary 
     determines appropriate.
       (c) Requirements.--The Secretary shall ensure that the 
     program--
       (1) requires, for public transportation agencies which the 
     Secretary deems appropriate, exercises to be conducted that 
     are--
       (A) scaled and tailored to the needs of specific public 
     transportation systems, and include taking into account the 
     needs of the elderly and individuals with disabilities;
       (B) live;
       (C) coordinated with appropriate officials;
       (D) as realistic as practicable and based on current risk 
     assessments, including credible threats, vulnerabilities, and 
     consequences;
       (E) inclusive, as appropriate, of frontline employees and 
     managers; and
       (F) consistent with the National Incident Management 
     System, the National Response Plan, the National 
     Infrastructure Protection Plan, the National Preparedness 
     Guidance, the National Preparedness Goal, and other such 
     national initiatives;
       (2) provides that exercises described in paragraph (1) will 
     be--
       (A) evaluated by the Secretary against clear and consistent 
     performance measures;
       (B) assessed by the Secretary to learn best practices, 
     which shall be shared with appropriate Federal, State, local, 
     and tribal officials, governmental and nongovernmental 
     emergency response providers, law enforcement personnel, 
     including railroad and transit police, and appropriate 
     stakeholders; and
       (C) followed by remedial action by covered entities in 
     response to lessons learned;
       (3) involves individuals in neighborhoods around the 
     infrastructure of a public transportation system; and
       (4) assists State, local, and tribal governments and public 
     transportation agencies in designing, implementing, and 
     evaluating exercises that conform to the requirements of 
     paragraph (2).
       (d) National Exercise Program.--The Secretary shall ensure 
     that the exercise program developed under subsection (a) is a 
     component of the National Exercise Program established under 
     section 648 of the Post Katrina Emergency Management Reform 
     Act (Public Law 109-295; 6 U.S.C. 748).
       (e) Ferry System Exemption.--This section does not apply to 
     any ferry system for which drills are required to be 
     conducted pursuant to section 70103 of title 46, United 
     States Code.

     SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall develop and issue 
     detailed interim final regulations, and not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     develop and issue detailed final regulations, for a public 
     transportation security training program to prepare public 
     transportation employees, including frontline employees, for 
     potential security threats and conditions.
       (b) Consultation.--The Secretary shall develop the interim 
     final and final regulations under subsection (a) in 
     consultation with--
       (1) appropriate law enforcement, fire service, security, 
     and terrorism experts;
       (2) representatives of public transportation agencies; and

[[Page 20682]]

       (3) nonprofit employee labor organizations representing 
     public transportation employees or emergency response 
     personnel.
       (c) Program Elements.--The interim final and final 
     regulations developed under subsection (a) shall require 
     security training programs to include, at a minimum, elements 
     to address the following:
       (1) Determination of the seriousness of any occurrence or 
     threat.
       (2) Crew and passenger communication and coordination.
       (3) Appropriate responses to defend oneself, including 
     using nonlethal defense devices.
       (4) Use of personal protective devices and other protective 
     equipment.
       (5) Evacuation procedures for passengers and employees, 
     including individuals with disabilities and the elderly.
       (6) Training related to behavioral and psychological 
     understanding of, and responses to, terrorist incidents, 
     including the ability to cope with hijacker behavior, and 
     passenger responses.
       (7) Live situational training exercises regarding various 
     threat conditions, including tunnel evacuation procedures.
       (8) Recognition and reporting of dangerous substances and 
     suspicious packages, persons, and situations.
       (9) Understanding security incident procedures, including 
     procedures for communicating with governmental and 
     nongovernmental emergency response providers and for on scene 
     interaction with such emergency response providers.
       (10) Operation and maintenance of security equipment and 
     systems.
       (11) Other security training activities that the Secretary 
     deems appropriate.
       (d) Required Programs.--
       (1) Development and submission to secretary.--Not later 
     than 90 days after a public transportation agency meets the 
     requirements under subsection (e), each such public 
     transportation agency shall develop a security training 
     program in accordance with the regulations developed under 
     subsection (a) and submit the program to the Secretary for 
     approval.
       (2) Approval.--Not later than 60 days after receiving a 
     security training program proposal under this subsection, the 
     Secretary shall approve the program or require the public 
     transportation agency that developed the program to make any 
     revisions to the program that the Secretary determines 
     necessary for the program to meet the requirements of the 
     regulations. A public transportation agency shall respond to 
     the Secretary's comments within 30 days after receiving them.
       (3) Training.--Not later than 1 year after the Secretary 
     approves a security training program proposal in accordance 
     with this subsection, the public transportation agency that 
     developed the program shall complete the training of all 
     employees covered under the program.
       (4) Updates of regulations and program revisions.--The 
     Secretary shall periodically review and update, as 
     appropriate, the training regulations issued under subsection 
     (a) to reflect new or changing security threats. Each public 
     transportation agency shall revise its training program 
     accordingly and provide additional training as necessary to 
     its workers within a reasonable time after the regulations 
     are updated.
       (e) Applicability.--A public transportation agency that 
     receives a grant award under this title shall be required to 
     develop and implement a security training program pursuant to 
     this section.
       (f) Long-Term Training Requirement.--Any public 
     transportation agency required to develop a security training 
     program pursuant to this section shall provide routine and 
     ongoing training for employees covered under the program, 
     regardless of whether the public transportation agency 
     receives subsequent grant awards.
       (g) National Training Program.--The Secretary shall ensure 
     that the training program developed under subsection (a) is a 
     component of the National Training Program established under 
     section 648 of the Post Katrina Emergency Management Reform 
     Act (Public Law 109-295; 6 U.S.C. 748).
       (h) Ferry Exemption.--This section shall not apply to any 
     ferry system for which training is required to be conducted 
     pursuant to section 70103 of title 46, United States Code.
       (i) Report.--Not later than 2 years after the date of 
     issuance of the final regulation, the Comptroller General 
     shall review implementation of the training program, 
     including interviewing a representative sample of public 
     transportation agencies and employees, and report to the 
     appropriate congressional committees, on the number of 
     reviews conducted and the results. The Comptroller General 
     may submit the report in both classified and redacted formats 
     as necessary.

     SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary shall carry out a research and development program 
     through the Homeland Security Advanced Research Projects 
     Agency in the Science and Technology Directorate and in 
     consultation with the Transportation Security Administration 
     and with the Federal Transit Administration, for the purpose 
     of improving the security of public transportation systems.
       (b) Grants and Contracts Authorized.--The Secretary shall 
     award grants or contracts to public or private entities to 
     conduct research and demonstrate technologies and methods to 
     reduce and deter terrorist threats or mitigate damages 
     resulting from terrorist attacks against public 
     transportation systems.
       (c) Use of Funds.--Grants or contracts awarded under 
     subsection (a)--
       (1) shall be coordinated with activities of the Homeland 
     Security Advanced Research Projects Agency; and
       (2) may be used to--
       (A) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (B) research imaging technologies;
       (C) conduct product evaluations and testing;
       (D) improve security and redundancy for critical 
     communications, electrical power, and computer and train 
     control systems;
       (E) develop technologies for securing tunnels, transit 
     bridges and aerial structures;
       (F) research technologies that mitigate damages in the 
     event of a cyber attack; and
       (G) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (d) Privacy and Civil Rights and Civil Liberties Issues.--
       (1) Consultation.--In carrying out research and development 
     projects under this section, the Secretary shall consult with 
     the Chief Privacy Officer of the Department and the Officer 
     for Civil Rights and Civil Liberties of the Department, as 
     appropriate, and in accordance with section 222 of the 
     Homeland Security Act of 2002 (6 U.S.C. 142).
       (2) Privacy impact assessments.--In accordance with 
     sections 222 and 705 of the Homeland Security Act of 2002 (6 
     U.S.C. 142; 345), the Chief Privacy Officer shall conduct 
     privacy impact assessments and the Officer for Civil Rights 
     and Civil Liberties shall conduct reviews, as appropriate, 
     for research and development initiatives developed under this 
     section.
       (e) Reporting Requirement.--Each entity that is awarded a 
     grant or contract under this section shall report annually to 
     the Department on the use of grant or contract funds received 
     under this section to ensure that the awards made are 
     expended in accordance with the purposes of this title and 
     the priorities developed by the Secretary.
       (f) Coordination.--The Secretary shall ensure that the 
     research is consistent with the priorities established in the 
     National Strategy for Public Transportation Security and is 
     coordinated, to the extent practicable, with other Federal, 
     State, local, tribal, and private sector public 
     transportation, railroad, commuter railroad, and over-the-
     road bus research initiatives to leverage resources and avoid 
     unnecessary duplicative efforts.
       (g) Return of Misspent Grant or Contract Funds.--If the 
     Secretary determines that a grantee or contractor used any 
     portion of the grant or contract funds received under this 
     section for a purpose other than the allowable uses specified 
     under subsection (c), the grantee or contractor shall return 
     any amount so used to the Treasury of the United States.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to make grants under this 
     section--
       (1) such sums as necessary for fiscal year 2007;
       (2) $25,000,000 for fiscal year 2008;
       (3) $25,000,000 for fiscal year 2009;
       (4) $25,000,000 for fiscal year 2010; and
       (5) $25,000,000 for fiscal year 2011.

     SEC. 1410. INFORMATION SHARING.

       (a) Intelligence Sharing.--The Secretary shall ensure that 
     the Department of Transportation receives appropriate and 
     timely notification of all credible terrorist threats against 
     public transportation assets in the United States.
       (b) Information Sharing Analysis Center.--
       (1) Authorization.--The Secretary shall provide for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'').
       (2) Participation.--The Secretary--
       (A) shall require public transportation agencies that the 
     Secretary determines to be at high risk of terrorist attack 
     to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC;
       (C) shall encourage the participation of nonprofit employee 
     labor organizations representing public transportation 
     employees, as appropriate; and
       (D) shall not charge a fee for participating in the ISAC.
       (c) Report.--The Comptroller General shall report, not less 
     than 3 years after the date of enactment of this Act, to the 
     appropriate congressional committees, as to the value and 
     efficacy of the ISAC along with any other public 
     transportation information-sharing programs ongoing at the 
     Department. The report shall include an analysis of the user 
     satisfaction of public transportation agencies on the state 
     of information-sharing and the value that each system 
     provides the user, the costs and benefits of all centers and 
     programs, the coordination among centers and programs, how 
     each center or program contributes to implementing the 
     information sharing plan under section 1203, and analysis of 
     the extent to which the ISAC is duplicative with the 
     Department's information-sharing program.
       (d) Authorization.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section--
       (A) $600,000 for fiscal year 2008;
       (B) $600,000 for fiscal year 2009;
       (C) $600,000 for fiscal year 2010; and

[[Page 20683]]

       (D) such sums as may be necessary for 2011, provided the 
     report required in subsection (c) of this section has been 
     submitted to Congress.
       (2) Availability of funds.--Such sums shall remain 
     available until expended.

     SEC. 1411. THREAT ASSESSMENTS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall complete a name-based security 
     background check against the consolidated terrorist watchlist 
     and an immigration status check for all public transportation 
     frontline employees, similar to the threat assessment 
     screening program required for facility employees and 
     longshoremen by the Commandant of the Coast Guard under Coast 
     Guard Notice USCG-2006-24189 (71 Fed. Reg. 25066 (April 8, 
     2006)).

     SEC. 1412. REPORTING REQUIREMENTS.

       (a) Annual Report to Congress.--
       (1) In general.--Not later than March 31st of each year, 
     the Secretary shall submit a report, containing the 
     information described in paragraph (2), to the appropriate 
     congressional committees.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of this title;
       (B) the amount of funds appropriated to carry out the 
     provisions of this title that have not been expended or 
     obligated;
       (C) the National Strategy for Public Transportation 
     Security required under section 1404;
       (D) an estimate of the cost to implement the National 
     Strategy for Public Transportation Security which shall break 
     out the aggregated total cost of needed capital and 
     operational security improvements for fiscal years 2008-2018; 
     and
       (E) the state of public transportation security in the 
     United States, which shall include detailing the status of 
     security assessments, the progress being made around the 
     country in developing prioritized lists of security 
     improvements necessary to make public transportation 
     facilities and passengers more secure, the progress being 
     made by agencies in developing security plans and how those 
     plans differ from the security assessments and a prioritized 
     list of security improvements being compiled by other 
     agencies, as well as a random sample of an equal number of 
     large- and small-scale projects currently underway.
       (3) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 of each year, the 
     Secretary shall submit a report to the Governor of each State 
     with a public transportation agency that has received a grant 
     under this Act.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.

       (a) In General.--A public transportation agency, a 
     contractor or a subcontractor of such agency, or an officer 
     or employee of such agency, shall not discharge, demote, 
     suspend, reprimand, or in any other way discriminate against 
     an employee if such discrimination is due, in whole or in 
     part, to the employee's lawful, good faith act done, or 
     perceived by the employer to have been done or about to be 
     done--
       (1) to provide information, directly cause information to 
     be provided, or otherwise directly assist in any 
     investigation regarding any conduct which the employee 
     reasonably believes constitutes a violation of any Federal 
     law, rule, or regulation relating to public transportation 
     safety or security, or fraud, waste, or abuse of Federal 
     grants or other public funds intended to be used for public 
     transportation safety or security, if the information or 
     assistance is provided to or an investigation stemming from 
     the provided information is conducted by--
       (A) a Federal, State, or local regulatory or law 
     enforcement agency (including an office of the Inspector 
     General under the Inspector General Act of 1978 (5 U.S.C. 
     App.; Public Law 95-452);
       (B) any Member of Congress, any Committee of Congress, or 
     the Government Accountability Office; or
       (C) a person with supervisory authority over the employee 
     or such other person who has the authority to investigate, 
     discover, or terminate the misconduct;
       (2) to refuse to violate or assist in the violation of any 
     Federal law, rule, or regulation relating to public 
     transportation safety or security;
       (3) to file a complaint or directly cause to be brought a 
     proceeding related to the enforcement of this section or to 
     testify in that proceeding;
       (4) to cooperate with a safety or security investigation by 
     the Secretary of Transportation, the Secretary of Homeland 
     Security, or the National Transportation Safety Board; or
       (5) to furnish information to the Secretary of 
     Transportation, the Secretary of Homeland Security, the 
     National Transportation Safety Board, or any Federal, State, 
     or local regulatory or law enforcement agency as to the facts 
     relating to any accident or incident resulting in injury or 
     death to an individual or damage to property occurring in 
     connection with public transportation.
       (b) Hazardous Safety or Security Conditions.--(1) A public 
     transportation agency, or a contractor or a subcontractor of 
     such agency, or an officer or employee of such agency, shall 
     not discharge, demote, suspend, reprimand, or in any other 
     way discriminate against an employee for--
       (A) reporting a hazardous safety or security condition;
       (B) refusing to work when confronted by a hazardous safety 
     or security condition related to the performance of the 
     employee's duties, if the conditions described in paragraph 
     (2) exist; or
       (C) refusing to authorize the use of any safety- or 
     security-related equipment, track, or structures, if the 
     employee is responsible for the inspection or repair of the 
     equipment, track, or structures, when the employee believes 
     that the equipment, track, or structures are in a hazardous 
     safety or security condition, if the conditions described in 
     paragraph (2) of this subsection exist.
       (2) A refusal is protected under paragraph (1)(B) and (C) 
     if--
       (A) the refusal is made in good faith and no reasonable 
     alternative to the refusal is available to the employee;
       (B) a reasonable individual in the circumstances then 
     confronting the employee would conclude that--
       (i) the hazardous condition presents an imminent danger of 
     death or serious injury; and
       (ii) the urgency of the situation does not allow sufficient 
     time to eliminate the danger without such refusal; and
       (C) the employee, where possible, has notified the public 
     transportation agency of the existence of the hazardous 
     condition and the intention not to perform further work, or 
     not to authorize the use of the hazardous equipment, track, 
     or structures, unless the condition is corrected immediately 
     or the equipment, track, or structures are repaired properly 
     or replaced.
       (3) In this subsection, only subsection (b)(1)(A) shall 
     apply to security personnel, including transit police, 
     employed or utilized by a public transportation agency to 
     protect riders, equipment, assets, or facilities.
       (c) Enforcement Action.--
       (1) Filing and notification.--A person who believes that he 
     or she has been discharged or otherwise discriminated against 
     by any person in violation of subsection (a) or (b) may, not 
     later than 180 days after the date on which such violation 
     occurs, file (or have any person file on his or her behalf) a 
     complaint with the Secretary of Labor alleging such discharge 
     or discrimination. Upon receipt of a complaint filed under 
     this paragraph, the Secretary of Labor shall notify, in 
     writing, the person named in the complaint and the person's 
     employer of the filing of the complaint, of the allegations 
     contained in the complaint, of the substance of evidence 
     supporting the complaint, and of the opportunities that will 
     be afforded to such person under paragraph (2).
       (2) Investigation; preliminary order.--
       (A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary of Labor a written response to the 
     complaint and an opportunity to meet with a representative of 
     the Secretary of Labor to present statements from witnesses, 
     the Secretary of Labor shall conduct an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify, in writing, the 
     complainant and the person alleged to have committed a 
     violation of subsection (a) or (b) of the Secretary of 
     Labor's findings. If the Secretary of Labor concludes that 
     there is a reasonable cause to believe that a violation of 
     subsection (a) or (b) has occurred, the Secretary of Labor 
     shall accompany the Secretary of Labor's findings with a 
     preliminary order providing the relief prescribed by 
     paragraph (3)(B). Not later than 30 days after the date of 
     notification of findings under this paragraph, either the 
     person alleged to have committed the violation or the 
     complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Such hearings shall be conducted expeditiously. If a 
     hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       (B) Requirements.--
       (i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a prima 
     facie showing that any behavior described in subsection (a) 
     or (b) was a contributing factor in the unfavorable personnel 
     action alleged in the complaint.
       (ii) Showing by employer.--Notwithstanding a finding by the 
     Secretary of Labor that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under paragraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       (iii) Criteria for determination by secretary of labor.--
     The Secretary of Labor may determine that a violation of 
     subsection (a) or (b) has occurred only if the complainant 
     demonstrates that any behavior described in subsection (a) or 
     (b) was a contributing factor in the unfavorable personnel 
     action alleged in the complaint.
       (iv) Prohibition.--Relief may not be ordered under 
     paragraph (A) if the employer demonstrates by clear and 
     convincing evidence that

[[Page 20684]]

     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       (3) Final order.--
       (A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under paragraph (2), the Secretary of Labor shall issue a 
     final order providing the relief prescribed by this paragraph 
     or denying the complaint. At any time before issuance of a 
     final order, a proceeding under this subsection may be 
     terminated on the basis of a settlement agreement entered 
     into by the Secretary of Labor, the complainant, and the 
     person alleged to have committed the violation.
       (B) Remedy.--If, in response to a complaint filed under 
     paragraph (1), the Secretary of Labor determines that a 
     violation of subsection (a) or (b) has occurred, the 
     Secretary of Labor shall order the person who committed such 
     violation to--
       (i) take affirmative action to abate the violation; and
       (ii) provide the remedies described in subsection (d).
       (C) Order.--If an order is issued under subparagraph (B), 
     the Secretary of Labor, at the request of the complainant, 
     shall assess against the person against whom the order is 
     issued a sum equal to the aggregate amount of all costs and 
     expenses (including attorney and expert witness fees) 
     reasonably incurred, as determined by the Secretary of Labor, 
     by the complainant for, or in connection with, bringing the 
     complaint upon which the order was issued.
       (D) Frivolous complaints.--If the Secretary of Labor finds 
     that a complaint under paragraph (1) is frivolous or has been 
     brought in bad faith, the Secretary of Labor may award to the 
     prevailing employer reasonable attorney fees not exceeding 
     $1,000.
       (4) Review.--
       (A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review must be filed not later 
     than 60 days after the date of the issuance of the final 
     order of the Secretary of Labor. Review shall conform to 
     chapter 7 of title 5, United States Code. The commencement of 
     proceedings under this subparagraph shall not, unless ordered 
     by the court, operate as a stay of the order.
       (B) Limitation on collateral attack.--An order of the 
     Secretary of Labor with respect to which review could have 
     been obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       (5) Enforcement of order by secretary of labor.--Whenever 
     any person has failed to comply with an order issued under 
     paragraph (3), the Secretary of Labor may file a civil action 
     in the United States district court for the district in which 
     the violation was found to occur to enforce such order. In 
     actions brought under this paragraph, the district courts 
     shall have jurisdiction to grant all appropriate relief 
     including, but not limited to, injunctive relief and 
     compensatory damages.
       (6) Enforcement of order by parties.--
       (A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       (B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award is 
     appropriate.
       (7) De novo review.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision within 210 days after the filing of the 
     complaint and if the delay is not due to the bad faith of the 
     employee, the employee may bring an original action at law or 
     equity for de novo review in the appropriate district court 
     of the United States, which shall have jurisdiction over such 
     an action without regard to the amount in controversy, and 
     which action shall, at the request of either party to such 
     action, be tried by the court with a jury. The action shall 
     be governed by the same legal burdens of proof specified in 
     paragraph (2)(B) for review by the Secretary of Labor.
       (d) Remedies.--
       (1) In general.--An employee prevailing in any action under 
     subsection (c) shall be entitled to all relief necessary to 
     make the employee whole.
       (2) Damages.--Relief in an action under subsection (c) 
     (including an action described in (c)(7)) shall include--
       (A) reinstatement with the same seniority status that the 
     employee would have had, but for the discrimination;
       (B) any backpay, with interest; and
       (C) compensatory damages, including compensation for any 
     special damages sustained as a result of the discrimination, 
     including litigation costs, expert witness fees, and 
     reasonable attorney fees.
       (3) Possible relief.--Relief in any action under subsection 
     (c) may include punitive damages in an amount not to exceed 
     $250,000.
       (e) Election of Remedies.--An employee may not seek 
     protection under both this section and another provision of 
     law for the same allegedly unlawful act of the public 
     transportation agency.
       (f) No Preemption.--Nothing in this section preempts or 
     diminishes any other safeguards against discrimination, 
     demotion, discharge, suspension, threats, harassment, 
     reprimand, retaliation, or any other manner of discrimination 
     provided by Federal or State law.
       (g) Rights Retained by Employee.--Nothing in this section 
     shall be construed to diminish the rights, privileges, or 
     remedies of any employee under any Federal or State law or 
     under any collective bargaining agreement. The rights and 
     remedies in this section may not be waived by any agreement, 
     policy, form, or condition of employment.
       (h) Disclosure of Identity.--
       (1) Except as provided in paragraph (2) of this subsection, 
     or with the written consent of the employee, the Secretary of 
     Transportation or the Secretary of Homeland Security may not 
     disclose the name of an employee who has provided information 
     described in subsection (a)(1).
       (2) The Secretary of Transportation or the Secretary of 
     Homeland Security shall disclose to the Attorney General the 
     name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement. The Secretary making such disclosure shall 
     provide reasonable advance notice to the affected employee if 
     disclosure of that person's identity or identifying 
     information is to occur.
       (i) Process for Reporting Security Problems to the 
     Department of Homeland Security.--
       (1) Establishment of process.--The Secretary shall 
     establish through regulations after an opportunity for notice 
     and comment, and provide information to the public regarding, 
     a process by which any person may submit a report to the 
     Secretary regarding public transportation security problems, 
     deficiencies, or vulnerabilities.
       (2) Acknowledgment of receipt.--If a report submitted under 
     paragraph (1) identifies the person making the report, the 
     Secretary shall respond promptly to such person and 
     acknowledge receipt of the report.
       (3) Steps to address problem.--The Secretary shall review 
     and consider the information provided in any report submitted 
     under paragraph (1) and shall take appropriate steps to 
     address any problems or deficiencies identified.

     SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS 
                   FOR PUBLIC TRANSPORTATION.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Security background check.--The term ``security 
     background check'' means reviewing the following for the 
     purpose of identifying individuals who may pose a threat to 
     transportation security, national security, or of terrorism:
       (A) Relevant criminal history databases.
       (B) In the case of an alien (as defined in section 101 of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), 
     the relevant databases to determine the status of the alien 
     under the immigration laws of the United States.
       (C) Other relevant information or databases, as determined 
     by the Secretary.
       (2) Covered individual.--The term ``covered individual'' 
     means an employee of a public transportation agency or a 
     contractor or subcontractor of a public transportation 
     agency.
       (b) Guidance.--
       (1) Any guidance, recommendations, suggested action items, 
     or any other widely disseminated voluntary action item issued 
     by the Secretary to a public transportation agency or a 
     contractor or subcontractor of a public transportation agency 
     relating to performing a security background check of a 
     covered individual shall contain recommendations on the 
     appropriate scope and application of such a security 
     background check, including the time period covered, the 
     types of disqualifying offenses, and a redress process for 
     adversely impacted covered individuals consistent with 
     subsections (c) and (d) of this section.
       (2) Not later than 60 days after the date of enactment of 
     this Act, any guidance, recommendations, suggested action 
     items, or any other widely disseminated voluntary action item 
     issued by the Secretary prior to the date of enactment of 
     this Act to a public transportation agency or a contractor or 
     subcontractor of a public transportation agency relating to 
     performing a security background check of a covered 
     individual shall be updated in compliance with paragraph 
     (b)(1).
       (3) If a public transportation agency or a contractor or 
     subcontractor of a public transportation agency performs a 
     security background check on a covered individual to fulfill 
     guidance issued by the Secretary under paragraph (1) or (2), 
     the Secretary shall not consider such guidance fulfilled 
     unless an adequate redress process as described in subsection 
     (d) is provided to covered individuals.
       (c) Requirements.--If the Secretary issues a rule, 
     regulation or directive requiring a public transportation 
     agency or contractor or subcontractor of a public 
     transportation agency to perform a security background check 
     of a covered individual, then the Secretary shall prohibit a 
     public transportation agency or contractor or subcontractor 
     of a public transportation agency from making an adverse 
     employment decision, including removal or suspension of the 
     employee, due to such rule, regulation, or directive with 
     respect to a covered individual unless the

[[Page 20685]]

     public transportation agency or contractor or subcontractor 
     of a public transportation agency determines that the covered 
     individual--
       (1) has been convicted of, has been found not guilty of by 
     reason of insanity, or is under want, warrant, or indictment 
     for a permanent disqualifying criminal offense listed in part 
     1572 of title 49, Code of Federal Regulations;
       (2) was convicted of or found not guilty by reason of 
     insanity of an interim disqualifying criminal offense listed 
     in part 1572 of title 49, Code of Federal Regulations, within 
     7 years of the date that the public transportation agency or 
     contractor or subcontractor of the public transportation 
     agency performs the security background check; or
       (3) was incarcerated for an interim disqualifying criminal 
     offense listed in part 1572 of title 49, Code of Federal 
     Regulations, and released from incarceration within 5 years 
     of the date that the public transportation agency or 
     contractor or subcontractor of a public transportation agency 
     performs the security background check.
       (d) Redress Process.--If the Secretary issues a rule, 
     regulation, or directive requiring a public transportation 
     agency or contractor or subcontractor of a public 
     transportation agency to perform a security background check 
     of a covered individual, the Secretary shall--
       (1) provide an adequate redress process for a covered 
     individual subjected to an adverse employment decision, 
     including removal or suspension of the employee, due to such 
     rule, regulation, or directive that is consistent with the 
     appeals and waiver process established for applicants for 
     commercial motor vehicle hazardous materials endorsements and 
     transportation workers at ports, as required by section 
     70105(c) of title 49, United States Code; and
       (2) have the authority to order an appropriate remedy, 
     including reinstatement of the covered individual, should the 
     Secretary determine that a public transportation agency or 
     contractor or subcontractor of a public transportation agency 
     wrongfully made an adverse employment decision regarding a 
     covered individual pursuant to such rule, regulation, or 
     directive.
       (e) False Statements.--A public transportation agency or a 
     contractor or subcontractor of a public transportation agency 
     may not knowingly misrepresent to an employee or other 
     relevant person, including an arbiter involved in a labor 
     arbitration, the scope, application, or meaning of any rules, 
     regulations, directives, or guidance issued by the Secretary 
     related to security background check requirements for covered 
     individuals when conducting a security background check. Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall issue a regulation that prohibits a 
     public transportation agency or a contractor or subcontractor 
     of a public transportation agency from knowingly 
     misrepresenting to an employee or other relevant person, 
     including an arbiter involved in a labor arbitration, the 
     scope, application, or meaning of any rules, regulations, 
     directives, or guidance issued by the Secretary related to 
     security background check requirements for covered 
     individuals when conducting a security background check.
       (f) Rights and Responsibilities.--Nothing in this section 
     shall be construed to abridge a public transportation 
     agency's or a contractor or subcontractor of a public 
     transportation agency's rights or responsibilities to make 
     adverse employment decisions permitted by other Federal, 
     State, or local laws. Nothing in the section shall be 
     construed to abridge rights and responsibilities of covered 
     individuals, a public transportation agency, or a contractor 
     or subcontractor of a public transportation agency under any 
     other Federal, State, or local laws or collective bargaining 
     agreement.
       (g) No Preemption of Federal or State Law.--Nothing in this 
     section shall be construed to preempt a Federal, State, or 
     local law that requires criminal history background checks, 
     immigration status checks, or other background checks of 
     covered individuals.
       (h) Statutory Construction.--Nothing in this section shall 
     be construed to affect the process for review established 
     under section 70105(c) of title 46, United States Code, 
     including regulations issued pursuant to such section.

     SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.

       (a) Inspectors.--Surface transportation inspectors shall be 
     prohibited from issuing fines to public transportation 
     agencies for violations of the Department's regulations or 
     orders except through the process described in subsection 
     (b).
       (b) Civil Penalties.--The Secretary shall be prohibited 
     from assessing civil penalties against public transportation 
     agencies for violations of the Department's regulations or 
     orders, except in accordance with the following:
       (1) In the case of a public transportation agency that is 
     found to be in violation of a regulation or order issued by 
     the Secretary, the Secretary shall seek correction of the 
     violation through a written notice to the public 
     transportation agency and shall give the public 
     transportation agency reasonable opportunity to correct the 
     violation or propose an alternative means of compliance 
     acceptable to the Secretary.
       (2) If the public transportation agency does not correct 
     the violation or propose an alternative means of compliance 
     acceptable to the Secretary within a reasonable time period 
     that is specified in the written notice, the Secretary may 
     take any action authorized in section 114 of title 49, United 
     States Code, as amended by this Act.
       (c) Limitation on Secretary.--The Secretary shall not 
     initiate civil enforcement actions for violations of 
     administrative and procedural requirements pertaining to the 
     application for and expenditure of funds awarded under 
     transportation security grant programs under this title.

               TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

     SEC. 1501. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Commerce, Science, and Transportation and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Over-the-road bus.--The term ``over-the-road bus'' 
     means a bus characterized by an elevated passenger deck 
     located over a baggage compartment.
       (5) Over-the-road bus frontline employees.--In this 
     section, the term ``over-the-road bus frontline employees'' 
     means over-the-road bus drivers, security personnel, 
     dispatchers, maintenance and maintenance support personnel, 
     ticket agents, other terminal employees, and other employees 
     of an over-the-road bus operator or terminal owner or 
     operator that the Secretary determines should receive 
     security training under this title.
       (6) Railroad frontline employees.--In this section, the 
     term ``railroad frontline employees'' means security 
     personnel, dispatchers, locomotive engineers, conductors, 
     trainmen, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, and any other 
     employees of railroad carriers that the Secretary determines 
     should receive security training under this title.
       (7) Railroad.--The term ``railroad'' has the meaning that 
     term has in section 20102 of title 49, United States Code.
       (8) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning that term has in section 20102 of title 49, 
     United States Code.
       (9) State.--The term ``State'' means any one of the 50 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, the Virgin Islands, Guam, American Samoa, 
     and any other territory or possession of the United States.
       (10) Terrorism.--The term ``terrorism'' has the meaning 
     that term has in section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101).
       (11) Transportation.--The term ``transportation'', as used 
     with respect to an over-the-road bus, means the movement of 
     passengers or property by an over-the-road bus--
       (A) in the jurisdiction of the United States between a 
     place in a State and a place outside the State (including a 
     place outside the United States); or
       (B) in a State that affects trade, traffic, and 
     transportation described in subparagraph (A).
       (12) United states.--The term ``United States'' means the 
     50 States, the District of Columbia, Puerto Rico, the 
     Northern Mariana Islands, the Virgin Islands, Guam, American 
     Samoa, and any other territory or possession of the United 
     States.
       (13) Security-sensitive material.--The term ``security-
     sensitive material'' means a material, or a group or class of 
     material, in a particular amount and form that the Secretary, 
     in consultation with the Secretary of Transportation, 
     determines, through a rulemaking with opportunity for public 
     comment, poses a significant risk to national security while 
     being transported in commerce due to the potential use of the 
     material in an act of terrorism. In making such a 
     designation, the Secretary shall, at a minimum, consider the 
     following:
       (A) Class 7 radioactive materials.
       (B) Division 1.1, 1.2, or 1.3 explosives.
       (C) Materials poisonous or toxic by inhalation, including 
     Division 2.3 gases and Division 6.1 materials.
       (D) A select agent or toxin regulated by the Centers for 
     Disease Control and Prevention under part 73 of title 42, 
     Code of Federal Regulations.
       (14) Disadvantaged business concerns.--The term 
     ``disadvantaged business concerns'' means small businesses 
     that are owned and controlled by socially and economically 
     disadvantaged individuals as defined in section 124, of title 
     13, Code of Federal Regulations.
       (15) Amtrak.--The term ``Amtrak'' means the National 
     Railroad Passenger Corporation.

     SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary, in coordination 
     with Secretary of Transportation for grants awarded to 
     Amtrak, shall establish necessary procedures, including 
     monitoring and audits, to ensure that grants made under this 
     title are expended in accordance with the purposes of this 
     title and the priorities and other criteria developed by the 
     Secretary.
       (b) Additional Audits and Reviews.--The Secretary, and the 
     Secretary of Transportation for grants awarded to Amtrak, may 
     award contracts to undertake additional audits and reviews of 
     the safety, security, procurement, management, and financial 
     compliance of a recipient of amounts under this title.
       (c) Procedures for Grant Award.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary shall 
     prescribe procedures and schedules for the awarding of grants

[[Page 20686]]

     under this title, including application and qualification 
     procedures, and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Secretary 
     and shall be consistent, to the extent practicable, with the 
     grant procedures established under section 70107(i) and (j) 
     of title 46, United States Code.
       (d) Additional Authority.--
       (1) Issuance.--The Secretary may issue non-binding letters 
     of intent to recipients of a grant under this title, to 
     commit funding from future budget authority of an amount, not 
     more than the Federal Government's share of the project's 
     cost, for a capital improvement project.
       (2) Schedule.--The letter of intent under this subsection 
     shall establish a schedule under which the Secretary will 
     reimburse the recipient for the Government's share of the 
     project's costs, as amounts become available, if the 
     recipient, after the Secretary issues that letter, carries 
     out the project without receiving amounts under a grant 
     issued under this title.
       (3) Notice to secretary.--A recipient that has been issued 
     a letter of intent under this section shall notify the 
     Secretary of the recipient's intent to carry out a project 
     before the project begins.
       (4) Notice to congress.--The Secretary shall transmit to 
     the appropriate congressional committees a written 
     notification at least 5 days before the issuance of a letter 
     of intent under this subsection.
       (5) Limitations.--A letter of intent issued under this 
     subsection is not an obligation of the Federal Government 
     under section 1501 of title 31, United States Code, and the 
     letter is not deemed to be an administrative commitment for 
     financing. An obligation or administrative commitment may be 
     made only as amounts are provided in authorization and 
     appropriations laws.
       (e) Return of Misspent Grant Funds.--As part of the grant 
     agreement under subsection (c), the Secretary shall require 
     grant applicants to return any misspent grant funds received 
     under this title that the Secretary considers to have been 
     spent for a purpose other than those specified in the grant 
     award. The Secretary shall take all necessary actions to 
     recover such funds.
       (f) Congressional Notification.--Not later than 5 days 
     before the award of any grant is made under this title, the 
     Secretary shall notify the appropriate congressional 
     committees of the intent to award such grant.
       (g) Guidelines.--The Secretary shall ensure, to the extent 
     practicable, that grant recipients under this title who use 
     contractors or subcontractors use small, minority, women-
     owned, or disadvantaged business concerns as contractors or 
     subcontractors when appropriate.

     SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.

       (a) Transportation Security Administration Authorization.--
     Section 114 of title 49, United States Code, as amended by 
     section 1302 of this Act, is further amended by adding at the 
     end the following:
       ``(w) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security for--
       ``(1) railroad security--
       ``(A) $488,000,000 for fiscal year 2008;
       ``(B) $483,000,000 for fiscal year 2009;
       ``(C) $508,000,000 for fiscal year 2010; and
       ``(D) $508,000,000 for fiscal year 2011;
       ``(2) over-the-road bus and trucking security--
       ``(A) $14,000,000 for fiscal year 2008;
       ``(B) $27,000,000 for fiscal year 2009;
       ``(C) $27,000,000 for fiscal year 2010; and
       ``(D) $27,000,000 for fiscal year 2011; and
       ``(3) hazardous material and pipeline security--
       ``(A) $12,000,000 for fiscal year 2008;
       ``(B) $12,000,000 for fiscal year 2009; and
       ``(C) $12,000,000 for fiscal year 2010.''.
       (b) Department of Transportation.--There are authorized to 
     be appropriated to the Secretary of Transportation to carry 
     out section 1515--
       (1) $38,000,000 for fiscal year 2008;
       (2) $40,000,000 for fiscal year 2009;
       (3) $55,000,000 for fiscal year 2010; and
       (4) $70,000,000 for fiscal year 2011.

     SEC. 1504. PUBLIC AWARENESS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall develop a national plan for railroad 
     and over-the-road bus security public outreach and awareness. 
     Such a plan shall be designed to increase awareness of 
     measures that the general public, passengers, and employees 
     of railroad carriers and over-the-road bus operators can take 
     to increase the security of the national railroad and over-
     the-road bus transportation systems. Such a plan shall also 
     provide outreach to railroad carriers and over-the-road bus 
     operators and their employees to improve their awareness of 
     available technologies, ongoing research and development 
     efforts, and available Federal funding sources to improve 
     security. Not later than 9 months after the date of enactment 
     of this Act, the Secretary shall implement the plan developed 
     under this section.

                     Subtitle B--Railroad Security

     SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT 
                   AND NATIONAL STRATEGY.

       (a) Risk Assessment.--The Secretary shall establish a 
     Federal task force, including the Transportation Security 
     Administration and other agencies within the Department, the 
     Department of Transportation, and other appropriate Federal 
     agencies, to complete, within 6 months of the date of 
     enactment of this Act, a nationwide risk assessment of a 
     terrorist attack on railroad carriers. The assessment shall 
     include--
       (1) a methodology for conducting the risk assessment, 
     including timelines, that addresses how the Department will 
     work with the entities described in subsection (c) and make 
     use of existing Federal expertise within the Department, the 
     Department of Transportation, and other appropriate agencies;
       (2) identification and evaluation of critical assets and 
     infrastructure, including tunnels used by railroad carriers 
     in high-threat urban areas;
       (3) identification of risks to those assets and 
     infrastructure;
       (4) identification of risks that are specific to the 
     transportation of hazardous materials via railroad;
       (5) identification of risks to passenger and cargo 
     security, transportation infrastructure protection systems, 
     operations, communications systems, and any other area 
     identified by the assessment;
       (6) an assessment of employee training and emergency 
     response planning;
       (7) an assessment of public and private operational 
     recovery plans, taking into account the plans for the 
     maritime sector required under section 70103 of title 46, 
     United States Code, to expedite, to the maximum extent 
     practicable, the return of an adversely affected railroad 
     transportation system or facility to its normal performance 
     level after a major terrorist attack or other security event 
     on that system or facility; and
       (8) an account of actions taken or planned by both public 
     and private entities to address identified railroad security 
     issues and an assessment of the effective integration of such 
     actions.
       (b) National Strategy.--
       (1) Requirement.--Not later than 9 months after the date of 
     enactment of this Act and based upon the assessment conducted 
     under subsection (a), the Secretary, consistent with and as 
     required by section 114(t) of title 49, United States Code, 
     shall develop and implement the modal plan for railroad 
     transportation, entitled the ``National Strategy for Railroad 
     Transportation Security''.
       (2) Contents.--The modal plan shall include prioritized 
     goals, actions, objectives, policies, mechanisms, and 
     schedules for, at a minimum--
       (A) improving the security of railroad tunnels, railroad 
     bridges, railroad switching and car storage areas, other 
     railroad infrastructure and facilities, information systems, 
     and other areas identified by the Secretary as posing 
     significant railroad-related risks to public safety and the 
     movement of interstate commerce, taking into account the 
     impact that any proposed security measure might have on the 
     provision of railroad service or on operations served or 
     otherwise affected by railroad service;
       (B) deploying equipment and personnel to detect security 
     threats, including those posed by explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) consistent with section 1517, training railroad 
     employees in terrorism prevention, preparedness, passenger 
     evacuation, and response activities;
       (D) conducting public outreach campaigns for railroads 
     regarding security, including educational initiatives 
     designed to inform the public on how to prevent, prepare for, 
     respond to, and recover from a terrorist attack on railroad 
     transportation;
       (E) providing additional railroad security support for 
     railroads at high or severe threat levels of alert;
       (F) ensuring, in coordination with freight and intercity 
     and commuter passenger railroads, the continued movement of 
     freight and passengers in the event of an attack affecting 
     the railroad system, including the possibility of rerouting 
     traffic due to the loss of critical infrastructure, such as a 
     bridge, tunnel, yard, or station;
       (G) coordinating existing and planned railroad security 
     initiatives undertaken by the public and private sectors;
       (H) assessing--
       (i) the usefulness of covert testing of railroad security 
     systems;
       (ii) the ability to integrate security into infrastructure 
     design; and
       (iii) the implementation of random searches of passengers 
     and baggage; and
       (I) identifying the immediate and long-term costs of 
     measures that may be required to address those risks and 
     public and private sector sources to fund such measures.
       (3) Responsibilities.--The Secretary shall include in the 
     modal plan a description of the roles, responsibilities, and 
     authorities of Federal, State, and local agencies, 
     government-sponsored entities, tribal governments, and 
     appropriate stakeholders described in subsection (c). The 
     plan shall also include--
       (A) the identification of, and a plan to address, gaps and 
     unnecessary overlaps in the roles, responsibilities, and 
     authorities described in this paragraph;
       (B) a methodology for how the Department will work with the 
     entities described in subsection (c), and make use of 
     existing Federal expertise within the Department, the 
     Department of Transportation, and other appropriate agencies;
       (C) a process for facilitating security clearances for the 
     purpose of intelligence and information sharing with the 
     entities described in subsection (c), as appropriate;
       (D) a strategy and timeline, coordinated with the research 
     and development program established under section 1518, for 
     the Department, the Department of Transportation, other 
     appropriate Federal agencies and private entities to

[[Page 20687]]

     research and develop new technologies for securing railroad 
     systems; and
       (E) a process for coordinating existing or future security 
     strategies and plans for railroad transportation, including 
     the National Infrastructure Protection Plan required by 
     Homeland Security Presidential Directive 7; Executive Order 
     Number 13416: ``Strengthening Surface Transportation 
     Security'' dated December 5, 2006; the Memorandum of 
     Understanding between the Department and the Department of 
     Transportation on Roles and Responsibilities dated September 
     28, 2004, and any and all subsequent annexes to this 
     Memorandum of Understanding, and any other relevant 
     agreements between the two Departments.
       (c) Consultation With Stakeholders.--In developing the 
     National Strategy required under this section, the Secretary 
     shall consult with railroad management, nonprofit employee 
     organizations representing railroad employees, owners or 
     lessors of railroad cars used to transport hazardous 
     materials, emergency responders, offerors of security-
     sensitive materials, public safety officials, and other 
     relevant parties.
       (d) Adequacy of Existing Plans and Strategies.--In 
     developing the risk assessment and National Strategy required 
     under this section, the Secretary shall utilize relevant 
     existing plans, strategies, and risk assessments developed by 
     the Department or other Federal agencies, including those 
     developed or implemented pursuant to section 114(t) of title 
     49, United States Code, or Homeland Security Presidential 
     Directive 7, and, as appropriate, assessments developed by 
     other public and private stakeholders.
       (e) Report.--
       (1) Contents.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     appropriate congressional committees a report containing--
       (A) the assessment and the National Strategy required by 
     this section; and
       (B) an estimate of the cost to implement the National 
     Strategy.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (f) Annual Updates.--Consistent with the requirements of 
     section 114(t) of title 49, United States Code, the Secretary 
     shall update the assessment and National Strategy each year 
     and transmit a report, which may be submitted in both 
     classified and redacted formats, to the appropriate 
     congressional committees containing the updated assessment 
     and recommendations.
       (g) Funding.--Out of funds appropriated pursuant to section 
     114(w) of title 49, United States Code, as amended by section 
     1503 of this title, there shall be made available to the 
     Secretary to carry out this section $5,000,000 for fiscal 
     year 2008.

     SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that--
       (1) require each railroad carrier assigned to a high-risk 
     tier under this section to--
       (A) conduct a vulnerability assessment in accordance with 
     subsections (c) and (d); and
       (B) to prepare, submit to the Secretary for approval, and 
     implement a security plan in accordance with this section 
     that addresses security performance requirements; and
       (2) establish standards and guidelines, based on and 
     consistent with the risk assessment and National Strategy for 
     Railroad Transportation Security developed under section 
     1511, for developing and implementing the vulnerability 
     assessments and security plans for railroad carriers assigned 
     to high-risk tiers.
       (b) Non High-Risk Programs.--The Secretary may establish a 
     security program for railroad carriers not assigned to a 
     high-risk tier, including--
       (1) guidance for such carriers in conducting vulnerability 
     assessments and preparing and implementing security plans, as 
     determined appropriate by the Secretary; and
       (2) a process to review and approve such assessments and 
     plans, as appropriate.
       (c) Deadline for Submission.--Not later than 9 months after 
     the date of issuance of the regulations under subsection (a), 
     the vulnerability assessments and security plans required by 
     such regulations for railroad carriers assigned to a high-
     risk tier shall be completed and submitted to the Secretary 
     for review and approval.
       (d) Vulnerability Assessments.--
       (1) Requirements.--The Secretary shall provide technical 
     assistance and guidance to railroad carriers in conducting 
     vulnerability assessments under this section and shall 
     require that each vulnerability assessment of a railroad 
     carrier assigned to a high-risk tier under this section, 
     include, as applicable--
       (A) identification and evaluation of critical railroad 
     carrier assets and infrastructure, including platforms, 
     stations, intermodal terminals, tunnels, bridges, switching 
     and storage areas, and information systems as appropriate;
       (B) identification of the vulnerabilities to those assets 
     and infrastructure;
       (C) identification of strengths and weaknesses in--
       (i) physical security;
       (ii) passenger and cargo security, including the security 
     of security-sensitive materials being transported by railroad 
     or stored on railroad property;
       (iii) programmable electronic devices, computers, or other 
     automated systems which are used in providing the 
     transportation;
       (iv) alarms, cameras, and other protection systems;
       (v) communications systems and utilities needed for 
     railroad security purposes, including dispatching and 
     notification systems;
       (vi) emergency response planning;
       (vii) employee training; and
       (viii) such other matters as the Secretary determines 
     appropriate; and
       (D) identification of redundant and backup systems required 
     to ensure the continued operation of critical elements of a 
     railroad carrier's system in the event of an attack or other 
     incident, including disruption of commercial electric power 
     or communications network.
       (2) Threat information.--The Secretary shall provide in a 
     timely manner to the appropriate employees of a railroad 
     carrier, as designated by the railroad carrier, threat 
     information that is relevant to the carrier when preparing 
     and submitting a vulnerability assessment and security plan, 
     including an assessment of the most likely methods that could 
     be used by terrorists to exploit weaknesses in railroad 
     security.
       (e) Security Plans.--
       (1) Requirements.--The Secretary shall provide technical 
     assistance and guidance to railroad carriers in preparing and 
     implementing security plans under this section, and shall 
     require that each security plan of a railroad carrier 
     assigned to a high-risk tier under this section include, as 
     applicable--
       (A) identification of a security coordinator having 
     authority--
       (i) to implement security actions under the plan;
       (ii) to coordinate security improvements; and
       (iii) to receive immediate communications from appropriate 
     Federal officials regarding railroad security;
       (B) a list of needed capital and operational improvements;
       (C) procedures to be implemented or used by the railroad 
     carrier in response to a terrorist attack, including 
     evacuation and passenger communication plans that include 
     individuals with disabilities as appropriate;
       (D) identification of steps taken with State and local law 
     enforcement agencies, emergency responders, and Federal 
     officials to coordinate security measures and plans for 
     response to a terrorist attack;
       (E) a strategy and timeline for conducting training under 
     section 1517;
       (F) enhanced security measures to be taken by the railroad 
     carrier when the Secretary declares a period of heightened 
     security risk;
       (G) plans for providing redundant and backup systems 
     required to ensure the continued operation of critical 
     elements of the railroad carrier's system in the event of a 
     terrorist attack or other incident;
       (H) a strategy for implementing enhanced security for 
     shipments of security-sensitive materials, including plans 
     for quickly locating and securing such shipments in the event 
     of a terrorist attack or security incident; and
       (I) such other actions or procedures as the Secretary 
     determines are appropriate to address the security of 
     railroad carriers.
       (2) Security coordinator requirements.--The Secretary shall 
     require that the individual serving as the security 
     coordinator identified in paragraph (1)(A) is a citizen of 
     the United States. The Secretary may waive this requirement 
     with respect to an individual if the Secretary determines 
     that it is appropriate to do so based on a background check 
     of the individual and a review of the consolidated terrorist 
     watchlist.
       (3) Consistency with other plans.--The Secretary shall 
     ensure that the security plans developed by railroad carriers 
     under this section are consistent with the risk assessment 
     and National Strategy for Railroad Transportation Security 
     developed under section 1511.
       (f) Deadline for Review Process.--Not later than 6 months 
     after receiving the assessments and plans required under this 
     section, the Secretary shall--
       (1) review each vulnerability assessment and security plan 
     submitted to the Secretary in accordance with subsection (c);
       (2) require amendments to any security plan that does not 
     meet the requirements of this section; and
       (3) approve any vulnerability assessment or security plan 
     that meets the requirements of this section.
       (g) Interim Security Measures.--The Secretary may require 
     railroad carriers, during the period before the deadline 
     established under subsection (c), to submit a security plan 
     under subsection (e) to implement any necessary interim 
     security measures essential to providing adequate security of 
     the railroad carrier's system. An interim plan required under 
     this subsection will be superseded by a plan required under 
     subsection (e).
       (h) Tier Assignment.--Utilizing the risk assessment and 
     National Strategy for Railroad Transportation Security 
     required under section 1511, the Secretary shall assign each 
     railroad carrier to a risk-based tier established by the 
     Secretary.
       (1) Provision of information.--The Secretary may request, 
     and a railroad carrier shall provide, information necessary 
     for the Secretary to assign a railroad carrier to the 
     appropriate tier under this subsection.
       (2) Notification.--Not later than 60 days after the date a 
     railroad carrier is assigned to a tier under this subsection, 
     the Secretary shall notify the railroad carrier of the tier 
     to which it is assigned and the reasons for such assignment.

[[Page 20688]]

       (3) High-risk tiers.--At least one of the tiers established 
     by the Secretary under this subsection shall be designated a 
     tier for high-risk railroad carriers.
       (4) Reassignment.--The Secretary may reassign a railroad 
     carrier to another tier, as appropriate, in response to 
     changes in risk. The Secretary shall notify the railroad 
     carrier not later than 60 days after such reassignment and 
     provide the railroad carrier with the reasons for such 
     reassignment.
       (i) Nondisclosure of Information.--
       (1) Submission of information to congress.--Nothing in this 
     section shall be construed as authorizing the withholding of 
     any information from Congress.
       (2) Disclosure of independently furnished information.--
     Nothing in this section shall be construed as affecting any 
     authority or obligation of a Federal agency to disclose any 
     record or information that the Federal agency obtains from a 
     railroad carrier under any other Federal law.
       (j) Existing Procedures, Protocols and Standards.--
       (1) Determination.--In response to a petition by a railroad 
     carrier or at the discretion of the Secretary, the Secretary 
     may determine that existing procedures, protocols, and 
     standards meet all or part of the requirements of this 
     section, including regulations issued under subsection (a), 
     regarding vulnerability assessments and security plans.
       (2) Election.--Upon review and written determination by the 
     Secretary that existing procedures, protocols, or standards 
     of a railroad carrier satisfy the requirements of this 
     section, the railroad carrier may elect to comply with those 
     procedures, protocols, or standards instead of the 
     requirements of this section.
       (3) Partial approval.--If the Secretary determines that the 
     existing procedures, protocols, or standards of a railroad 
     carrier satisfy only part of the requirements of this 
     section, the Secretary may accept such submission, but shall 
     require submission by the railroad carrier of any additional 
     information relevant to the vulnerability assessment and 
     security plan of the railroad carrier to ensure that the 
     remaining requirements of this section are fulfilled.
       (4) Notification.--If the Secretary determines that 
     particular existing procedures, protocols, or standards of a 
     railroad carrier under this subsection do not satisfy the 
     requirements of this section, the Secretary shall provide to 
     the railroad carrier a written notification that includes an 
     explanation of the determination.
       (5) Review.--Nothing in this subsection shall relieve the 
     Secretary of the obligation--
       (A) to review the vulnerability assessment and security 
     plan submitted by a railroad carrier under this section; and
       (B) to approve or disapprove each submission on an 
     individual basis.
       (k) Periodic Evaluation by Railroad Carriers Required.--
       (1) Submission of evaluation.--Not later than 3 years after 
     the date on which a vulnerability assessment or security plan 
     required to be submitted to the Secretary under subsection 
     (c) is approved, and at least once every 5 years thereafter 
     (or on such a schedule as the Secretary may establish by 
     regulation), a railroad carrier who submitted a vulnerability 
     assessment and security plan and who is still assigned to the 
     high-risk tier must also submit to the Secretary an 
     evaluation of the adequacy of the vulnerability assessment 
     and security plan that includes a description of any material 
     changes made to the vulnerability assessment or security 
     plan.
       (2) Review of evaluation.--Not later than 180 days after 
     the date on which an evaluation is submitted, the Secretary 
     shall review the evaluation and notify the railroad carrier 
     submitting the evaluation of the Secretary's approval or 
     disapproval of the evaluation.
       (l) Shared Facilities.--The Secretary may permit under this 
     section the development and implementation of coordinated 
     vulnerability assessments and security plans to the extent 
     that a railroad carrier shares facilities with, or is 
     colocated with, other transportation entities or providers 
     that are required to develop vulnerability assessments and 
     security plans under Federal law.
       (m) Consultation.--In carrying out this section, the 
     Secretary shall consult with railroad carriers, nonprofit 
     employee labor organizations representation railroad 
     employees, and public safety and law enforcement officials.

     SEC. 1513. RAILROAD SECURITY ASSISTANCE.

       (a) Security Improvement Grants.--(1) The Secretary, in 
     consultation with the Administrator of the Transportation 
     Security Administration and other appropriate agencies or 
     officials, is authorized to make grants to railroad carriers, 
     the Alaska Railroad, security-sensitive materials offerors 
     who ship by railroad, owners of railroad cars used in the 
     transportation of security-sensitive materials, State and 
     local governments (for railroad passenger facilities and 
     infrastructure not owned by Amtrak), and Amtrak for intercity 
     passenger railroad and freight railroad security improvements 
     described in subsection (b) as approved by the Secretary.
       (2) A railroad carrier is eligible for a grant under this 
     section if the carrier has completed a vulnerability 
     assessment and developed a security plan that the Secretary 
     has approved in accordance with section 1512.
       (3) A recipient of a grant under this section may use grant 
     funds only for permissible uses under subsection (b) to 
     further a railroad security plan that meets the requirements 
     of paragraph (2).
       (4) Notwithstanding the requirement for eligibility and 
     uses of funds in paragraphs (2) and (3), a railroad carrier 
     is eligible for a grant under this section if the applicant 
     uses the funds solely for the development of assessments or 
     security plans under section 1512.
       (5) Notwithstanding the requirements for eligibility and 
     uses of funds in paragraphs (2) and (3), prior to the earlier 
     of one year after the date of issuance of final regulations 
     requiring vulnerability assessments and security plans under 
     section 1512 or 3 years after the date of enactment of this 
     Act, the Secretary may award grants under this section for 
     rail security improvements listed under subsection (b) based 
     upon railroad carrier vulnerability assessments and security 
     plans that the Secretary determines are sufficient for the 
     purposes of this section but have not been approved by the 
     Secretary in accordance with section 1512.
       (b) Uses of Funds.--A recipient of a grant under this 
     section shall use the grant funds for one or more of the 
     following:
       (1) Security and redundancy for critical communications, 
     computer, and train control systems essential for secure 
     railroad operations.
       (2) Accommodation of railroad cargo or passenger security 
     inspection facilities, related infrastructure, and operations 
     at or near United States international borders or other ports 
     of entry.
       (3) The security of security-sensitive materials 
     transportation by railroad.
       (4) Chemical, biological, radiological, or explosive 
     detection, including canine patrols for such detection.
       (5) The security of intercity passenger railroad stations, 
     trains, and infrastructure, including security capital 
     improvement projects that the Secretary determines enhance 
     railroad station security.
       (6) Technologies to reduce the vulnerabilities of railroad 
     cars, including structural modification of railroad cars 
     transporting security-sensitive materials to improve their 
     resistance to acts of terrorism.
       (7) The sharing of intelligence and information about 
     security threats.
       (8) To obtain train tracking and communications equipment, 
     including equipment that is interoperable with Federal, 
     State, and local agencies and tribal governments.
       (9) To hire, train, and employ police and security 
     officers, including canine units, assigned to full-time 
     security or counterterrorism duties related to railroad 
     transportation.
       (10) Overtime reimbursement, including reimbursement of 
     State, local, and tribal governments for costs, for enhanced 
     security personnel assigned to duties related to railroad 
     security during periods of high or severe threat levels and 
     National Special Security Events or other periods of 
     heightened security as determined by the Secretary.
       (11) Perimeter protection systems, including access 
     control, installation of improved lighting, fencing, and 
     barricades at railroad facilities.
       (12) Tunnel protection systems.
       (13) Passenger evacuation and evacuation-related capital 
     improvements.
       (14) Railroad security inspection technologies, including 
     verified visual inspection technologies using hand-held 
     readers.
       (15) Surveillance equipment.
       (16) Cargo or passenger screening equipment.
       (17) Emergency response equipment, including fire 
     suppression and decontamination equipment, personal 
     protective equipment, and defibrillators.
       (18) Operating and capital costs associated with security 
     awareness, preparedness, and response training, including 
     training under section 1517, and training developed by 
     universities, institutions of higher education, and nonprofit 
     employee labor organizations, for railroad employees, 
     including frontline employees.
       (19) Live or simulated exercises, including exercises 
     described in section 1516.
       (20) Public awareness campaigns for enhanced railroad 
     security.
       (21) Development of assessments or security plans under 
     section 1512.
       (22) Other security improvements--
       (A) identified, required, or recommended under sections 
     1511 and 1512, including infrastructure, facilities, and 
     equipment upgrades; or
       (B) that the Secretary considers appropriate.
       (c) Department of Homeland Security Responsibilities.--In 
     carrying out the responsibilities under subsection (a), the 
     Secretary shall--
       (1) determine the requirements for recipients of grants;
       (2) establish priorities for uses of funds for grant 
     recipients;
       (3) award the funds authorized by this section based on 
     risk, as identified by the plans required under sections 1511 
     and 1512, or assessment or plan described in subsection 
     (a)(5);
       (4) take into account whether stations or facilities are 
     used by commuter railroad passengers as well as intercity 
     railroad passengers in reviewing grant applications;
       (5) encourage non-Federal financial participation in 
     projects funded by grants; and
       (6) not later than 5 business days after awarding a grant 
     to Amtrak under this section, transfer grant funds to the 
     Secretary of Transportation to be disbursed to Amtrak.
       (d) Multiyear Awards.--Grant funds awarded under this 
     section may be awarded for projects that span multiple years.
       (e) Limitation on Uses of Funds.--A grant made under this 
     section may not be used to make any State or local government 
     cost-sharing contribution under any other Federal law.
       (f) Annual Reports.--Each recipient of a grant under this 
     section shall report annually to the Secretary on the use of 
     grant funds.

[[Page 20689]]

       (g) Non-Federal Match Study.--Not later than 240 days after 
     the date of enactment of this Act, the Secretary shall 
     provide a report to the appropriate congressional committees 
     on the feasibility and appropriateness of requiring a non-
     Federal match for grants awarded to freight railroad carriers 
     and other private entities under this section.
       (h) Subject to Certain Standards.--A recipient of a grant 
     under this section and sections 1514 and 1515 shall be 
     required to comply with the standards of section 24312 of 
     title 49, United States Code, as in effect on January 1, 
     2007, with respect to the project in the same manner as 
     Amtrak is required to comply with such standards for 
     construction work financed under an agreement made under 
     section 24308(a) of that title.
       (i) Authorization of Appropriations.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503 of this title, there shall be made available to 
     the Secretary to carry out this section--
       (A) $300,000,000 for fiscal year 2008;
       (B) $300,000,000 for fiscal year 2009;
       (C) $300,000,000 for fiscal year 2010; and
       (D) $300,000,000 for fiscal year 2011.
       (2) Period of availability.--Sums appropriated to carry out 
     this section shall remain available until expended.

     SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--
       (1) Grants.--Subject to subsection (b), the Secretary, in 
     consultation with the Administrator of the Transportation 
     Security Administration, is authorized to make grants to 
     Amtrak in accordance with the provisions of this section.
       (2) General purposes.--The Secretary may make such grants 
     for the purposes of--
       (A) protecting underwater and underground assets and 
     systems;
       (B) protecting high-risk and high-consequence assets 
     identified through systemwide risk assessments;
       (C) providing counterterrorism or security training;
       (D) providing both visible and unpredictable deterrence; 
     and
       (E) conducting emergency preparedness drills and exercises.
       (3) Specific projects.--The Secretary shall make such 
     grants--
       (A) to secure major tunnel access points and ensure tunnel 
     integrity in New York, New Jersey, Maryland, and Washington, 
     DC;
       (B) to secure Amtrak trains;
       (C) to secure Amtrak stations;
       (D) to obtain a watchlist identification system approved by 
     the Secretary;
       (E) to obtain train tracking and interoperable 
     communications systems that are coordinated with Federal, 
     State, and local agencies and tribal governments to the 
     maximum extent possible;
       (F) to hire, train, and employ police and security 
     officers, including canine units, assigned to full-time 
     security or counterterrorism duties related to railroad 
     transportation;
       (G) for operating and capital costs associated with 
     security awareness, preparedness, and response training, 
     including training under section 1517, and training developed 
     by universities, institutions of higher education, and 
     nonprofit employee labor organizations, for railroad 
     employees, including frontline employees; and
       (H) for live or simulated exercises, including exercises 
     described in section 1516.
       (b) Conditions.--The Secretary shall award grants to Amtrak 
     under this section for projects contained in a systemwide 
     security plan approved by the Secretary developed pursuant to 
     section 1512. Not later than 5 business days after awarding a 
     grant to Amtrak under this section, the Secretary shall 
     transfer the grant funds to the Secretary of Transportation 
     to be disbursed to Amtrak.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system and consistent with the risk 
     assessment required under section 1511 and Amtrak's 
     vulnerability assessment and security plan developed under 
     section 1512, stations and facilities located outside of the 
     Northeast Corridor receive an equitable share of the security 
     funds authorized by this section.
       (d) Availability of Funds.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503 of this title, there shall be made available to 
     the Secretary and the Administrator of the Transportation 
     Security Administration to carry out this section--
       (A) $150,000,000 for fiscal year 2008;
       (B) $150,000,000 for fiscal year 2009;
       (C) $175,000,000 for fiscal year 2010; and
       (D) $175,000,000 for fiscal year 2011.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--There are authorized to be 
     appropriated to the Secretary of Transportation for making 
     grants to Amtrak for the purpose of carrying out projects to 
     make fire and life safety improvements to Amtrak tunnels on 
     the Northeast Corridor the following amounts:
       (1) For the 6 New York and New Jersey tunnels to provide 
     ventilation, electrical, and fire safety technology 
     improvements, emergency communication and lighting systems, 
     and emergency access and egress for passengers--
       (A) $25,000,000 for fiscal year 2008;
       (B) $30,000,000 for fiscal year 2009;
       (C) $45,000,000 for fiscal year 2010; and
       (D) $60,000,000 for fiscal year 2011.
       (2) For the Baltimore Potomac Tunnel and the Union Tunnel, 
     together, to provide adequate drainage and ventilation, 
     communication, lighting, standpipe, and passenger egress 
     improvements--
       (A) $5,000,000 for fiscal year 2008;
       (B) $5,000,000 for fiscal year 2009;
       (C) $5,000,000 for fiscal year 2010; and
       (D) $5,000,000 for fiscal year 2011.
       (3) For the Union Station tunnels in the District of 
     Columbia to improve ventilation, communication, lighting, and 
     passenger egress improvements--
       (A) $5,000,000 for fiscal year 2008;
       (B) $5,000,000 for fiscal year 2009;
       (C) $5,000,000 for fiscal year 2010; and
       (D) $5,000,000 for fiscal year 2011.
       (b) Infrastructure Upgrades.--Out of funds appropriated 
     pursuant to section 1503(b), there shall be made available to 
     the Secretary of Transportation for fiscal year 2008, 
     $3,000,000 for the preliminary design of options for a new 
     tunnel on a different alignment to augment the capacity of 
     the existing Baltimore tunnels.
       (c) Availability of Amounts.--Amounts appropriated pursuant 
     to this section shall remain available until expended.
       (d) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary of 
     Transportation, and the Secretary of Transportation has 
     approved, an engineering and financial plan for such 
     projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary of Transportation has approved a 
     project management plan prepared by Amtrak.
       (e) Review of Plans.--
       (1) In general.--The Secretary of Transportation shall 
     complete the review of a plan required under subsection (d) 
     and approve or disapprove the plan within 45 days after the 
     date on which each such plan is submitted by Amtrak.
       (2) Incomplete or deficient plan.--If the Secretary of 
     Transportation determines that a plan is incomplete or 
     deficient, the Secretary of Transportation shall notify 
     Amtrak of the incomplete items or deficiencies and Amtrak 
     shall, within 30 days after receiving the Secretary of 
     Transportation's notification, submit a modified plan for the 
     Secretary of Transportation's review.
       (3) Approval of plan.--Within 15 days after receiving 
     additional information on items previously included in the 
     plan, and within 45 days after receiving items newly included 
     in a modified plan, the Secretary of Transportation shall 
     either approve the modified plan, or if the Secretary of 
     Transportation finds the plan is still incomplete or 
     deficient, the Secretary of Transportation shall--
       (A) identify in writing to the appropriate congressional 
     committees the portions of the plan the Secretary finds 
     incomplete or deficient;
       (B) approve all other portions of the plan;
       (C) obligate the funds associated with those portions; and
       (D) execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (f) Financial Contribution From Other Tunnel Users.--The 
     Secretary of Transportation, taking into account the need for 
     the timely completion of all portions of the tunnel projects 
     described in subsection (a), shall--
       (1) consider the extent to which railroad carriers other 
     than Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other railroad carriers toward the 
     costs of the projects; and
       (3) obtain financial contributions or commitments from such 
     other railroad carriers at levels reflecting the extent of 
     their use or planned use of the tunnels, if feasible.

     SEC. 1516. RAILROAD CARRIER EXERCISES.

       (a) In General.--The Secretary shall establish a program 
     for conducting security exercises for railroad carriers for 
     the purpose of assessing and improving the capabilities of 
     entities described in subsection (b) to prevent, prepare for, 
     mitigate, respond to, and recover from acts of terrorism.
       (b) Covered Entities.--Entities to be assessed under the 
     program shall include--
       (1) Federal, State, and local agencies and tribal 
     governments;
       (2) railroad carriers;
       (3) governmental and nongovernmental emergency response 
     providers, law enforcement agencies, and railroad and transit 
     police, as appropriate; and
       (4) any other organization or entity that the Secretary 
     determines appropriate.
       (c) Requirements.--The Secretary shall ensure that the 
     program--
       (1) consolidates existing security exercises for railroad 
     carriers administered by the Department and the Department of 
     Transportation, as jointly determined by the Secretary and 
     the Secretary of Transportation, unless the Secretary waives 
     this consolidation requirement as appropriate;
       (2) consists of exercises that are--
       (A) scaled and tailored to the needs of the carrier, 
     including addressing the needs of the elderly and individuals 
     with disabilities;
       (B) live, in the case of the most at-risk facilities to a 
     terrorist attack;

[[Page 20690]]

       (C) coordinated with appropriate officials;
       (D) as realistic as practicable and based on current risk 
     assessments, including credible threats, vulnerabilities, and 
     consequences;
       (E) inclusive, as appropriate, of railroad frontline 
     employees; and
       (F) consistent with the National Incident Management 
     System, the National Response Plan, the National 
     Infrastructure Protection Plan, the National Preparedness 
     Guidance, the National Preparedness Goal, and other such 
     national initiatives;
       (3) provides that exercises described in paragraph (2) will 
     be--
       (A) evaluated by the Secretary against clear and consistent 
     performance measures;
       (B) assessed by the Secretary to identify best practices, 
     which shall be shared, as appropriate, with railroad 
     carriers, nonprofit employee organizations that represent 
     railroad carrier employees, Federal, State, local, and tribal 
     officials, governmental and nongovernmental emergency 
     response providers, law enforcement personnel, including 
     railroad carrier and transit police, and other stakeholders; 
     and
       (C) used to develop recommendations, as appropriate, from 
     the Secretary to railroad carriers on remedial action to be 
     taken in response to lessons learned;
       (4) allows for proper advanced notification of communities 
     and local governments in which exercises are held, as 
     appropriate; and
       (5) assists State, local, and tribal governments and 
     railroad carriers in designing, implementing, and evaluating 
     additional exercises that conform to the requirements of 
     paragraph (1).
       (d) National Exercise Program.--The Secretary shall ensure 
     that the exercise program developed under subsection (c) is a 
     component of the National Exercise Program established under 
     section 648 of the Post Katrina Emergency Management Reform 
     Act (Public Law 109-295; 6 U.S.C. 748).

     SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall develop and issue 
     regulations for a training program to prepare railroad 
     frontline employees for potential security threats and 
     conditions. The regulations shall take into consideration any 
     current security training requirements or best practices.
       (b) Consultation.--The Secretary shall develop the 
     regulations under subsection (a) in consultation with--
       (1) appropriate law enforcement, fire service, emergency 
     response, security, and terrorism experts;
       (2) railroad carriers;
       (3) railroad shippers; and
       (4) nonprofit employee labor organizations representing 
     railroad employees or emergency response personnel.
       (c) Program Elements.--The regulations developed under 
     subsection (a) shall require security training programs 
     described in subsection (a) to include, at a minimum, 
     elements to address the following, as applicable:
       (1) Determination of the seriousness of any occurrence or 
     threat.
       (2) Crew and passenger communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of personal and other protective equipment.
       (5) Evacuation procedures for passengers and railroad 
     employees, including individuals with disabilities and the 
     elderly.
       (6) Psychology, behavior, and methods of terrorists, 
     including observation and analysis.
       (7) Training related to psychological responses to 
     terrorist incidents, including the ability to cope with 
     hijacker behavior and passenger responses.
       (8) Live situational training exercises regarding various 
     threat conditions, including tunnel evacuation procedures.
       (9) Recognition and reporting of dangerous substances, 
     suspicious packages, and situations.
       (10) Understanding security incident procedures, including 
     procedures for communicating with governmental and 
     nongovernmental emergency response providers and for on-scene 
     interaction with such emergency response providers.
       (11) Operation and maintenance of security equipment and 
     systems.
       (12) Other security training activities that the Secretary 
     considers appropriate.
       (d) Required Programs.--
       (1) Development and submission to secretary.--Not later 
     than 90 days after the Secretary issues regulations under 
     subsection (a), each railroad carrier shall develop a 
     security training program in accordance with this section and 
     submit the program to the Secretary for approval.
       (2) Approval or disapproval.--Not later than 60 days after 
     receiving a security training program proposal under this 
     subsection, the Secretary shall approve the program or 
     require the railroad carrier that developed the program to 
     make any revisions to the program that the Secretary 
     considers necessary for the program to meet the requirements 
     of this section. A railroad carrier shall respond to the 
     Secretary's comments within 30 days after receiving them.
       (3) Training.--Not later than 1 year after the Secretary 
     approves a security training program in accordance with this 
     subsection, the railroad carrier that developed the program 
     shall complete the training of all railroad frontline 
     employees who were hired by a carrier more than 30 days 
     preceding such date. For such employees employed less than 30 
     days by a carrier preceding such date, training shall be 
     completed within the first 60 days of employment.
       (4) Updates of regulations and program revisions.--The 
     Secretary shall periodically review and update as appropriate 
     the training regulations issued under subsection (a) to 
     reflect new or changing security threats. Each railroad 
     carrier shall revise its training program accordingly and 
     provide additional training as necessary to its frontline 
     employees within a reasonable time after the regulations are 
     updated.
       (e) National Training Program.--The Secretary shall ensure 
     that the training program developed under subsection (a) is a 
     component of the National Training Program established under 
     section 648 of the Post Katrina Emergency Management Reform 
     Act (Public Law 109-295; 6 U.S.C. 748).
       (f) Reporting Requirements.--Not later than 2 years after 
     the date of regulation issuance, the Secretary shall review 
     implementation of the training program of a representative 
     sample of railroad carriers and railroad frontline employees, 
     and report to the appropriate congressional committees on the 
     number of reviews conducted and the results of such reviews. 
     The Secretary may submit the report in both classified and 
     redacted formats as necessary.
       (g) Other Employees.--The Secretary shall issue guidance 
     and best practices for a railroad shipper employee security 
     program containing the elements listed under subsection (c).

     SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary, acting through the Under Secretary for Science and 
     Technology and the Administrator of the Transportation 
     Security Administration, shall carry out a research and 
     development program for the purpose of improving the security 
     of railroad transportation systems.
       (b) Eligible Projects.--The research and development 
     program may include projects--
       (1) to reduce the vulnerability of passenger trains, 
     stations, and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances, including the 
     development of technology to screen passengers in large 
     numbers at peak commuting times with minimal interference and 
     disruption;
       (2) to test new emergency response and recovery techniques 
     and technologies, including those used at international 
     borders;
       (3) to develop improved railroad security technologies, 
     including--
       (A) technologies for sealing or modifying railroad tank 
     cars;
       (B) automatic inspection of railroad cars;
       (C) communication-based train control systems;
       (D) emergency response training, including training in a 
     tunnel environment;
       (E) security and redundancy for critical communications, 
     electrical power, computer, and train control systems; and
       (F) technologies for securing bridges and tunnels;
       (4) to test wayside detectors that can detect tampering;
       (5) to support enhanced security for the transportation of 
     security-sensitive materials by railroad;
       (6) to mitigate damages in the event of a cyber attack; and
       (7) to address other vulnerabilities and risks identified 
     by the Secretary.
       (c) Coordination With Other Research Initiatives.--The 
     Secretary--
       (1) shall ensure that the research and development program 
     is consistent with the National Strategy for Railroad 
     Transportation Security developed under section 1511 and any 
     other transportation security research and development 
     programs required by this Act;
       (2) shall, to the extent practicable, coordinate the 
     research and development activities of the Department with 
     other ongoing research and development security-related 
     initiatives, including research being conducted by--
       (A) the Department of Transportation, including University 
     Transportation Centers and other institutes, centers, and 
     simulators funded by the Department of Transportation;
       (B) the National Academy of Sciences;
       (C) the Technical Support Working Group;
       (D) other Federal departments and agencies; and
       (E) other Federal and private research laboratories, 
     research entities, and universities and institutions of 
     higher education, including Historically Black Colleges and 
     Universities, Hispanic Serving Institutions, or Indian 
     Tribally Controlled Colleges and Universities;
       (3) shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with an appropriate Federal agency, if the agency--
       (A) is currently sponsoring a research and development 
     project in a similar area; or
       (B) has a unique facility or capability that would be 
     useful in carrying out the project;
       (4) may award grants, or enter into cooperative agreements, 
     contracts, other transactions, or reimbursable agreements to 
     the entities described in paragraph (2) and the eligible 
     grant recipients under section 1513; and
       (5) shall make reasonable efforts to enter into memoranda 
     of understanding, contracts, grants, cooperative agreements, 
     or other transactions with railroad carriers willing to 
     contribute both physical space and other resources.
       (d) Privacy and Civil Rights and Civil Liberties Issues.--
       (1) Consultation.--In carrying out research and development 
     projects under this section, the

[[Page 20691]]

     Secretary shall consult with the Chief Privacy Officer of the 
     Department and the Officer for Civil Rights and Civil 
     Liberties of the Department as appropriate and in accordance 
     with section 222 of the Homeland Security Act of 2002 (6 
     U.S.C. 142).
       (2) Privacy impact assessments.--In accordance with 
     sections 222 and 705 of the Homeland Security Act of 2002 (6 
     U.S.C. 142; 345), the Chief Privacy Officer shall conduct 
     privacy impact assessments and the Officer for Civil Rights 
     and Civil Liberties shall conduct reviews, as appropriate, 
     for research and development initiatives developed under this 
     section that the Secretary determines could have an impact on 
     privacy, civil rights, or civil liberties.
       (e) Authorization of Appropriations.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503, there shall be made available to the Secretary 
     to carry out this section--
       (A) $33,000,000 for fiscal year 2008;
       (B) $33,000,000 for fiscal year 2009;
       (C) $33,000,000 for fiscal year 2010; and
       (D) $33,000,000 for fiscal year 2011.
       (2) Period of availability.--Such sums shall remain 
     available until expended.

     SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.

       (a) Railroad Tank Car Vulnerability Assessment.--
       (1) Assessment.--The Secretary shall assess the likely 
     methods of a deliberate terrorist attack against a railroad 
     tank car used to transport toxic-inhalation-hazard materials, 
     and for each method assessed, the degree to which it may be 
     successful in causing death, injury, or serious adverse 
     effects to human health, the environment, critical 
     infrastructure, national security, the national economy, or 
     public welfare.
       (2) Threats.--In carrying out paragraph (1), the Secretary 
     shall consider the most current threat information as to 
     likely methods of a successful terrorist attack on a railroad 
     tank car transporting toxic-inhalation-hazard materials, and 
     may consider the following:
       (A) Explosive devices placed along the tracks or attached 
     to a railroad tank car.
       (B) The use of missiles, grenades, rockets, mortars, or 
     other high-caliber weapons against a railroad tank car.
       (3) Physical testing.--In developing the assessment 
     required under paragraph (1), the Secretary shall conduct 
     physical testing of the vulnerability of railroad tank cars 
     used to transport toxic-inhalation-hazard materials to 
     different methods of a deliberate attack, using technical 
     information and criteria to evaluate the structural integrity 
     of railroad tank cars.
       (4) Report.--Not later than 30 days after the completion of 
     the assessment under paragraph (1), the Secretary shall 
     provide to the appropriate congressional committees a report, 
     in the appropriate format, on such assessment.
       (b) Railroad Tank Car Dispersion Modeling.--
       (1) In general.--The Secretary, acting through the National 
     Infrastructure Simulation and Analysis Center, shall conduct 
     an air dispersion modeling analysis of release scenarios of 
     toxic-inhalation-hazard materials resulting from a terrorist 
     attack on a loaded railroad tank car carrying such materials 
     in urban and rural environments.
       (2) Considerations.--The analysis under this subsection 
     shall take into account the following considerations:
       (A) The most likely means of attack and the resulting 
     dispersal rate.
       (B) Different times of day, to account for differences in 
     cloud coverage and other atmospheric conditions in the 
     environment being modeled.
       (C) Differences in population size and density.
       (D) Historically accurate wind speeds, temperatures, and 
     wind directions.
       (E) Differences in dispersal rates or other relevant 
     factors related to whether a railroad tank car is in motion 
     or stationary.
       (F) Emergency response procedures by local officials.
       (G) Any other considerations the Secretary believes would 
     develop an accurate, plausible dispersion model for toxic-
     inhalation-hazard materials released from a railroad tank car 
     as a result of a terrorist act.
       (3) Consultation.--In conducting the dispersion modeling 
     under paragraph (1), the Secretary shall consult with the 
     Secretary of Transportation, hazardous materials experts, 
     railroad carriers, nonprofit employee labor organizations 
     representing railroad employees, appropriate State, local, 
     and tribal officials, and other Federal agencies, as 
     appropriate.
       (4) Information sharing.--Upon completion of the analysis 
     required under paragraph (1), the Secretary shall share the 
     information developed with the appropriate stakeholders, 
     given appropriate information protection provisions as may be 
     required by the Secretary.
       (5) Report.--Not later than 30 days after completion of all 
     dispersion analyses under paragraph (1), the Secretary shall 
     submit to the appropriate congressional committees a report 
     detailing the Secretary's conclusions and findings in an 
     appropriate format.

     SEC. 1520. RAILROAD THREAT ASSESSMENTS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall complete a name-based security 
     background check against the consolidated terrorist watchlist 
     and an immigration status check for all railroad frontline 
     employees, similar to the threat assessment screening program 
     required for facility employees and longshoremen by the 
     Commandant of the Coast Guard under Coast Guard Notice USCG-
     2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).

     SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.

       Section 20109 of title 49, United States Code, is amended 
     to read:

     ``SEC. 20109. EMPLOYEE PROTECTIONS.

       ``(a) In General.--A railroad carrier engaged in interstate 
     or foreign commerce, a contractor or a subcontractor of such 
     a railroad carrier, or an officer or employee of such a 
     railroad carrier, may not discharge, demote, suspend, 
     reprimand, or in any other way discriminate against an 
     employee if such discrimination is due, in whole or in part, 
     to the employee's lawful, good faith act done, or perceived 
     by the employer to have been done or about to be done--
       ``(1) to provide information, directly cause information to 
     be provided, or otherwise directly assist in any 
     investigation regarding any conduct which the employee 
     reasonably believes constitutes a violation of any Federal 
     law, rule, or regulation relating to railroad safety or 
     security, or gross fraud, waste, or abuse of Federal grants 
     or other public funds intended to be used for railroad safety 
     or security, if the information or assistance is provided to 
     or an investigation stemming from the provided information is 
     conducted by--
       ``(A) a Federal, State, or local regulatory or law 
     enforcement agency (including an office of the Inspector 
     General under the Inspector General Act of 1978 (5 U.S.C. 
     App.; Public Law 95-452);
       ``(B) any Member of Congress, any committee of Congress, or 
     the Government Accountability Office; or
       ``(C) a person with supervisory authority over the employee 
     or such other person who has the authority to investigate, 
     discover, or terminate the misconduct;
       ``(2) to refuse to violate or assist in the violation of 
     any Federal law, rule, or regulation relating to railroad 
     safety or security;
       ``(3) to file a complaint, or directly cause to be brought 
     a proceeding related to the enforcement of this part or, as 
     applicable to railroad safety or security, chapter 51 or 57 
     of this title, or to testify in that proceeding;
       ``(4) to notify, or attempt to notify, the railroad carrier 
     or the Secretary of Transportation of a work-related personal 
     injury or work-related illness of an employee;
       ``(5) to cooperate with a safety or security investigation 
     by the Secretary of Transportation, the Secretary of Homeland 
     Security, or the National Transportation Safety Board;
       ``(6) to furnish information to the Secretary of 
     Transportation, the Secretary of Homeland Security, the 
     National Transportation Safety Board, or any Federal, State, 
     or local regulatory or law enforcement agency as to the facts 
     relating to any accident or incident resulting in injury or 
     death to an individual or damage to property occurring in 
     connection with railroad transportation; or
       ``(7) to accurately report hours on duty pursuant to 
     chapter 211.
       ``(b) Hazardous Safety or Security Conditions.--(1) A 
     railroad carrier engaged in interstate or foreign commerce, 
     or an officer or employee of such a railroad carrier, shall 
     not discharge, demote, suspend, reprimand, or in any other 
     way discriminate against an employee for--
       ``(A) reporting, in good faith, a hazardous safety or 
     security condition;
       ``(B) refusing to work when confronted by a hazardous 
     safety or security condition related to the performance of 
     the employee's duties, if the conditions described in 
     paragraph (2) exist; or
       ``(C) refusing to authorize the use of any safety-related 
     equipment, track, or structures, if the employee is 
     responsible for the inspection or repair of the equipment, 
     track, or structures, when the employee believes that the 
     equipment, track, or structures are in a hazardous safety or 
     security condition, if the conditions described in paragraph 
     (2) exist.
       ``(2) A refusal is protected under paragraph (1)(B) and (C) 
     if--
       ``(A) the refusal is made in good faith and no reasonable 
     alternative to the refusal is available to the employee;
       ``(B) a reasonable individual in the circumstances then 
     confronting the employee would conclude that--
       ``(i) the hazardous condition presents an imminent danger 
     of death or serious injury; and
       ``(ii) the urgency of the situation does not allow 
     sufficient time to eliminate the danger without such refusal; 
     and
       ``(C) the employee, where possible, has notified the 
     railroad carrier of the existence of the hazardous condition 
     and the intention not to perform further work, or not to 
     authorize the use of the hazardous equipment, track, or 
     structures, unless the condition is corrected immediately or 
     the equipment, track, or structures are repaired properly or 
     replaced.
       ``(3) In this subsection, only paragraph (1)(A) shall apply 
     to security personnel employed by a railroad carrier to 
     protect individuals and property transported by railroad.
       ``(c) Enforcement Action.--
       ``(1) In general.--An employee who alleges discharge, 
     discipline, or other discrimination in violation of 
     subsection (a) or (b) of this section, may seek relief in 
     accordance with the provisions of this section, with any 
     petition or other request for relief under this section to be 
     initiated by filing a complaint with the Secretary of Labor.
       ``(2) Procedure.--
       ``(A) In general.--Any action under paragraph (1) shall be 
     governed under the rules and

[[Page 20692]]

     procedures set forth in section 42121(b), including:
       ``(i) Burdens of proof.--Any action brought under (c)(1) 
     shall be governed by the legal burdens of proof set forth in 
     section 42121(b).
       ``(ii) Statute of limitations.--An action under paragraph 
     (1) shall be commenced not later than 180 days after the date 
     on which the alleged violation of subsection (a) or (b) of 
     this section occurs.
       ``(iii) Civil actions to enforce.--If a person fails to 
     comply with an order issued by the Secretary of Labor 
     pursuant to the procedures in section 42121(b), the Secretary 
     of Labor may bring a civil action to enforce the order in the 
     district court of the United States for the judicial district 
     in which the violation occurred, as set forth in 42121.
       ``(B) Exception.--Notification made under section 
     42121(b)(1) shall be made to the person named in the 
     complaint and the person's employer.
       ``(3) De novo review.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision within 210 days after the filing of the 
     complaint and if the delay is not due to the bad faith of the 
     employee, the employee may bring an original action at law or 
     equity for de novo review in the appropriate district court 
     of the United States, which shall have jurisdiction over such 
     an action without regard to the amount in controversy, and 
     which action shall, at the request of either party to such 
     action, be tried by the court with a jury.
       ``(4) Appeals.--Any person adversely affected or aggrieved 
     by an order issued pursuant to the procedures in section 
     42121(b), may obtain review of the order in the United States 
     court of appeals for the circuit in which the violation, with 
     respect to which the order was issued, allegedly occurred or 
     the circuit in which the complainant resided on the date of 
     such violation. The petition for review must be filed not 
     later than 60 days after the date of the issuance of the 
     final order of the Secretary of Labor. The review shall 
     conform to chapter 7 of title 5. The commencement of 
     proceedings under this paragraph shall not, unless ordered by 
     the court, operate as a stay of the order.
       ``(d) Remedies.--
       ``(1) In general.--An employee prevailing in any action 
     under subsection (c) shall be entitled to all relief 
     necessary to make the employee whole.
       ``(2) Damages.--Relief in an action under subsection (c) 
     (including an action described in subsection (c)(3)) shall 
     include--
       ``(A) reinstatement with the same seniority status that the 
     employee would have had, but for the discrimination;
       ``(B) any backpay, with interest; and
       ``(C) compensatory damages, including compensation for any 
     special damages sustained as a result of the discrimination, 
     including litigation costs, expert witness fees, and 
     reasonable attorney fees.
       ``(3) Possible relief.--Relief in any action under 
     subsection (c) may include punitive damages in an amount not 
     to exceed $250,000.
       ``(e) Election of Remedies.--An employee may not seek 
     protection under both this section and another provision of 
     law for the same allegedly unlawful act of the railroad 
     carrier.
       ``(f) No Preemption.--Nothing in this section preempts or 
     diminishes any other safeguards against discrimination, 
     demotion, discharge, suspension, threats, harassment, 
     reprimand, retaliation, or any other manner of discrimination 
     provided by Federal or State law.
       ``(g) Rights Retained by Employee.--Nothing in this section 
     shall be deemed to diminish the rights, privileges, or 
     remedies of any employee under any Federal or State law or 
     under any collective bargaining agreement. The rights and 
     remedies in this section may not be waived by any agreement, 
     policy, form, or condition of employment.
       ``(h) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation or the Secretary of Homeland 
     Security may not disclose the name of an employee of a 
     railroad carrier who has provided information about an 
     alleged violation of this part or, as applicable to railroad 
     safety or security, chapter 51 or 57 of this title, or a 
     regulation prescribed or order issued under any of those 
     provisions.
       ``(2) The Secretary of Transportation or the Secretary of 
     Homeland Security shall disclose to the Attorney General the 
     name of an employee described in paragraph (1) if the matter 
     is referred to the Attorney General for enforcement. The 
     Secretary making such disclosures shall provide reasonable 
     advance notice to the affected employee if disclosure of that 
     person's identity or identifying information is to occur.
       ``(i) Process for Reporting Security Problems to the 
     Department of Homeland Security.--
       ``(1) Establishment of process.--The Secretary of Homeland 
     Security shall establish through regulations, after an 
     opportunity for notice and comment, a process by which any 
     person may report to the Secretary of Homeland Security 
     regarding railroad security problems, deficiencies, or 
     vulnerabilities.
       ``(2) Acknowledgment of receipt.--If a report submitted 
     under paragraph (1) identifies the person making the report, 
     the Secretary of Homeland Security shall respond promptly to 
     such person and acknowledge receipt of the report.
       ``(3) Steps to address problem.--The Secretary of Homeland 
     Security shall review and consider the information provided 
     in any report submitted under paragraph (1) and shall take 
     appropriate steps to address any problems or deficiencies 
     identified.''.

     SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Security background check.--The term ``security 
     background check'' means reviewing, for the purpose of 
     identifying individuals who may pose a threat to 
     transportation security or national security, or of 
     terrorism--
       (A) relevant criminal history databases;
       (B) in the case of an alien (as defined in the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant 
     databases to determine the status of the alien under the 
     immigration laws of the United States; and
       (C) other relevant information or databases, as determined 
     by the Secretary.
       (2) Covered individual.--The term ``covered individual'' 
     means an employee of a railroad carrier or a contractor or 
     subcontractor of a railroad carrier.
       (b) Guidance.--
       (1) Any guidance, recommendations, suggested action items, 
     or any other widely disseminated voluntary action items 
     issued by the Secretary to a railroad carrier or a contractor 
     or subcontractor of a railroad carrier relating to performing 
     a security background check of a covered individual shall 
     contain recommendations on the appropriate scope and 
     application of such a security background check, including 
     the time period covered, the types of disqualifying offenses, 
     and a redress process for adversely impacted covered 
     individuals consistent with subsections (c) and (d) of this 
     section.
       (2) Within 60 days after the date of enactment of this Act, 
     any guidance, recommendations, suggested action items, or any 
     other widely disseminated voluntary action item issued by the 
     Secretary prior to the date of enactment of this Act to a 
     railroad carrier or a contractor or subcontractor of a 
     railroad carrier relating to performing a security background 
     check of a covered individual shall be updated in compliance 
     with paragraph (1).
       (3) If a railroad carrier or a contractor or subcontractor 
     of a railroad carrier performs a security background check on 
     a covered individual to fulfill guidance issued by the 
     Secretary under paragraph (1) or (2), the Secretary shall not 
     consider such guidance fulfilled unless an adequate redress 
     process as described in subsection (d) is provided to covered 
     individuals.
       (c) Requirements.--If the Secretary issues a rule, 
     regulation, or directive requiring a railroad carrier or 
     contractor or subcontractor of a railroad carrier to perform 
     a security background check of a covered individual, then the 
     Secretary shall prohibit the railroad carrier or contractor 
     or subcontractor of a railroad carrier from making an adverse 
     employment decision, including removal or suspension of the 
     covered individual, due to such rule, regulation, or 
     directive with respect to a covered individual unless the 
     railroad carrier or contractor or subcontractor of a railroad 
     carrier determines that the covered individual--
       (1) has been convicted of, has been found not guilty by 
     reason of insanity, or is under want, warrant, or indictment 
     for a permanent disqualifying criminal offense listed in part 
     1572 of title 49, Code of Federal Regulations;
       (2) was convicted of or found not guilty by reason of 
     insanity of an interim disqualifying criminal offense listed 
     in part 1572 of title 49, Code of Federal Regulations, within 
     7 years of the date that the railroad carrier or contractor 
     or subcontractor of a railroad carrier performs the security 
     background check; or
       (3) was incarcerated for an interim disqualifying criminal 
     offense listed in part 1572 of title 49, Code of Federal 
     Regulations, and released from incarceration within 5 years 
     of the date that the railroad carrier or contractor or 
     subcontractor of a railroad carrier performs the security 
     background check.
       (d) Redress Process.--If the Secretary issues a rule, 
     regulation, or directive requiring a railroad carrier or 
     contractor or subcontractor of a railroad carrier to perform 
     a security background check of a covered individual, the 
     Secretary shall--
       (1) provide an adequate redress process for a covered 
     individual subjected to an adverse employment decision, 
     including removal or suspension of the employee, due to such 
     rule, regulation, or directive that is consistent with the 
     appeals and waiver process established for applicants for 
     commercial motor vehicle hazardous materials endorsements and 
     transportation employees at ports, as required by section 
     70105(c) of title 46, United States Code; and
       (2) have the authority to order an appropriate remedy, 
     including reinstatement of the covered individual, should the 
     Secretary determine that a railroad carrier or contractor or 
     subcontractor of a railroad carrier wrongfully made an 
     adverse employment decision regarding a covered individual 
     pursuant to such rule, regulation, or directive.
       (e) False Statements.--A railroad carrier or a contractor 
     or subcontractor of a railroad carrier may not knowingly 
     misrepresent to an employee or other relevant person, 
     including an arbiter involved in a labor arbitration, the 
     scope, application, or meaning of any rules, regulations, 
     directives, or guidance issued by the Secretary related to 
     security background check requirements for covered 
     individuals when conducting a security background check. Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall issue a regulation that

[[Page 20693]]

     prohibits a railroad carrier or a contractor or subcontractor 
     of a railroad carrier from knowingly misrepresenting to an 
     employee or other relevant person, including an arbiter 
     involved in a labor arbitration, the scope, application, or 
     meaning of any rules, regulations, directives, or guidance 
     issued by the Secretary related to security background check 
     requirements for covered individuals when conducting a 
     security background check.
       (f) Rights and Responsibilities.--Nothing in this section 
     shall be construed to abridge a railroad carrier's or a 
     contractor or subcontractor of a railroad carrier's rights or 
     responsibilities to make adverse employment decisions 
     permitted by other Federal, State, or local laws. Nothing in 
     the section shall be construed to abridge rights and 
     responsibilities of covered individuals, a railroad carrier, 
     or a contractor or subcontractor of a railroad carrier, under 
     any other Federal, State, or local laws or under any 
     collective bargaining agreement.
       (g) No Preemption of Federal or State Law.--Nothing in this 
     section shall be construed to preempt a Federal, State, or 
     local law that requires criminal history background checks, 
     immigration status checks, or other background checks, of 
     covered individuals.
       (h) Statutory Construction.--Nothing in this section shall 
     be construed to affect the process for review established 
     under section 70105(c) of title 46, United States Code, 
     including regulations issued pursuant to such section.

     SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator of the Transportation Security 
     Administration, the Secretary of Transportation, heads of 
     other appropriate Federal departments and agencies and Amtrak 
     shall transmit a report to the appropriate congressional 
     committees that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger railroad service between 
     the United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing prescreened passenger lists for railroad passengers 
     traveling between the United States and Canada to the 
     Department;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for prescreening of such passengers and 
     providing prescreened passenger lists to the Department; and
       (8) an analysis of the feasibility of reinstating in-
     transit inspections onboard international Amtrak trains.
       (b) Privacy and Civil Rights and Civil Liberties Issues.--
       (1) Consultation.--In preparing the report under this 
     section, the Secretary shall consult with the Chief Privacy 
     Officer of the Department and the Officer for Civil Rights 
     and Civil Liberties of the Department as appropriate and in 
     accordance with section 222 of the Homeland Security Act of 
     2002.
       (2) Privacy impact assessments.--In accordance with 
     sections 222 and 705 of the Homeland Security Act of 2002, 
     the report must contain a privacy impact assessment conducted 
     by the Chief Privacy Officer and a review conducted by the 
     Officer for Civil Rights and Civil Liberties.

     SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.

       (a) In General.--
       (1) The Secretary shall develop a system to detect both 
     undeclared passengers and contraband, with a primary focus on 
     the detection of nuclear and radiological materials entering 
     the United States by railroad.
       (2) System requirements.--In developing the system under 
     paragraph (1), the Secretary may, in consultation with the 
     Domestic Nuclear Detection Office, Customs and Border 
     Protection, and the Transportation Security Administration--
       (A) deploy radiation detection equipment and nonintrusive 
     imaging equipment at locations where railroad shipments cross 
     an international border to enter the United States;
       (B) consider the integration of radiation detection 
     technologies with other nonintrusive inspection technologies 
     where feasible;
       (C) ensure appropriate training, operations, and response 
     protocols are established for Federal, State, and local 
     personnel;
       (D) implement alternative procedures to check railroad 
     shipments at locations where the deployment of nonintrusive 
     inspection imaging equipment is determined to not be 
     practicable;
       (E) ensure, to the extent practicable, that such 
     technologies deployed can detect terrorists or weapons, 
     including weapons of mass destruction; and
       (F) take other actions, as appropriate, to develop the 
     system.
       (b) Additional Information.--The Secretary shall--
       (1) identify and seek the submission of additional data 
     elements for improved high-risk targeting related to the 
     movement of cargo through the international supply chain 
     utilizing a railroad prior to importation into the United 
     States;
       (2) utilize data collected and maintained by the Secretary 
     of Transportation in the targeting of high-risk cargo 
     identified under paragraph (1); and
       (3) analyze the data provided in this subsection to 
     identify high-risk cargo for inspection.
       (c) Report to Congress.--Not later than September 30, 2008, 
     the Secretary shall transmit to the appropriate congressional 
     committees a report that describes the progress of the system 
     being developed under subsection (a).
       (d) Definitions.--In this section:
       (1) International supply chain.--The term ``international 
     supply chain'' means the end-to-end process for shipping 
     goods to or from the United States, beginning at the point of 
     origin (including manufacturer, supplier, or vendor) through 
     a point of distribution to the destination.
       (2) Radiation detection equipment.--The term ``radiation 
     detection equipment'' means any technology that is capable of 
     detecting or identifying nuclear and radiological material or 
     nuclear and radiological explosive devices.
       (3) Inspection.--The term ``inspection'' means the 
     comprehensive process used by Customs and Border Protection 
     to assess goods entering the United States to appraise them 
     for duty purposes, to detect the presence of restricted or 
     prohibited items, and to ensure compliance with all 
     applicable laws.

     SEC. 1525. TRANSMISSION LINE REPORT.

       (a) Study.--The Comptroller General shall undertake an 
     assessment of the placement of high-voltage, direct-current, 
     electric transmission lines along active railroad and other 
     transportation rights-of-way. In conducting the assessment, 
     the Comptroller General shall evaluate any economic, safety, 
     and security risks and benefits to inhabitants living 
     adjacent to such rights-of-way and to consumers of electric 
     power transmitted by such transmission lines.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     the results of the assessment in subsection (a) to the 
     appropriate congressional committees.

     SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.

       (a) Railroad Police Officers.--Section 28101 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Under''; 
     and
       (2) by adding at the end the following:
       ``(b) Assignment.--A railroad police officer employed by a 
     railroad carrier and certified or commissioned as a police 
     officer under the laws of a State may be temporarily assigned 
     to assist a second railroad carrier in carrying out law 
     enforcement duties upon the request of the second railroad 
     carrier, at which time the police officer shall be considered 
     to be an employee of the second railroad carrier and shall 
     have authority to enforce the laws of any jurisdiction in 
     which the second railroad carrier owns property to the same 
     extent as provided in subsection (a).''.
       (b) Model State Legislation.--Not later than November 2, 
     2007, the Secretary of Transportation shall develop and make 
     available to States model legislation to address the problem 
     of entities that claim to be railroad carriers in order to 
     establish and run a police force when the entities do not in 
     fact provide railroad transportation. In developing the model 
     State legislation the Secretary shall solicit the input of 
     the States, railroads carriers, and railroad carrier 
     employees. The Secretary shall review and, if necessary, 
     revise such model State legislation periodically.

     SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO 
                   CERTAIN AMTRAK CONTRACTS.

       Section 24301 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(o) Applicability of District of Columbia Law.--Any lease 
     or contract entered into between Amtrak and the State of 
     Maryland, or any department or agency of the State of 
     Maryland, after the date of the enactment of this subsection 
     shall be governed by the laws of the District of Columbia.''.

     SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.

       Section 20106 of title 49, United States Code, is amended 
     to read as follows:

     ``Sec. 20106. Preemption

       ``(a) National Uniformity of Regulation.--(1) Laws, 
     regulations, and orders related to railroad safety and laws, 
     regulations, and orders related to railroad security shall be 
     nationally uniform to the extent practicable.
       ``(2) A State may adopt or continue in force a law, 
     regulation, or order related to railroad safety or security 
     until the Secretary of Transportation (with respect to 
     railroad safety matters), or the Secretary of Homeland 
     Security (with respect to railroad security matters), 
     prescribes a regulation or issues an order covering the 
     subject matter of the State requirement. A

[[Page 20694]]

     State may adopt or continue in force an additional or more 
     stringent law, regulation, or order related to railroad 
     safety or security when the law, regulation, or order--
       ``(A) is necessary to eliminate or reduce an essentially 
     local safety or security hazard;
       ``(B) is not incompatible with a law, regulation, or order 
     of the United States Government; and
       ``(C) does not unreasonably burden interstate commerce.
       ``(b) Clarification Regarding State Law Causes of Action.--
     (1) Nothing in this section shall be construed to preempt an 
     action under State law seeking damages for personal injury, 
     death, or property damage alleging that a party--
       ``(A) has failed to comply with the Federal standard of 
     care established by a regulation or order issued by the 
     Secretary of Transportation (with respect to railroad safety 
     matters), or the Secretary of Homeland Security (with respect 
     to railroad security matters), covering the subject matter as 
     provided in subsection (a) of this section;
       ``(B) has failed to comply with its own plan, rule, or 
     standard that it created pursuant to a regulation or order 
     issued by either of the Secretaries; or
       ``(C) has failed to comply with a State law, regulation, or 
     order that is not incompatible with subsection (a)(2).
       ``(2) This subsection shall apply to all pending State law 
     causes of action arising from events or activities occurring 
     on or after January 18, 2002.
       ``(c) Jurisdiction.--Nothing in this section creates a 
     Federal cause of action on behalf of an injured party or 
     confers Federal question jurisdiction for such State law 
     causes of action.''.

          Subtitle C--Over-the-Road Bus and Trucking Security

     SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that--
       (1) require each over-the-road bus operator assigned to a 
     high-risk tier under this section--
       (A) to conduct a vulnerability assessment in accordance 
     with subsections (c) and (d); and
       (B) to prepare, submit to the Secretary for approval, and 
     implement a security plan in accordance with subsection (e); 
     and
       (2) establish standards and guidelines for developing and 
     implementing the vulnerability assessments and security plans 
     for carriers assigned to high-risk tiers consistent with this 
     section.
       (b) Non High-Risk Programs.--The Secretary may establish a 
     security program for over-the-road bus operators not assigned 
     to a high-risk tier, including--
       (1) guidance for such operators in conducting vulnerability 
     assessments and preparing and implementing security plans, as 
     determined appropriate by the Secretary; and
       (2) a process to review and approve such assessments and 
     plans, as appropriate.
       (c) Deadline for Submission.--Not later than 9 months after 
     the date of issuance of the regulations under subsection (a), 
     the vulnerability assessments and security plans required by 
     such regulations for over-the-road bus operators assigned to 
     a high-risk tier shall be completed and submitted to the 
     Secretary for review and approval.
       (d) Vulnerability Assessments.--
       (1) Requirements.--The Secretary shall provide technical 
     assistance and guidance to over-the-road bus operators in 
     conducting vulnerability assessments under this section and 
     shall require that each vulnerability assessment of an 
     operator assigned to a high-risk tier under this section 
     includes, as appropriate--
       (A) identification and evaluation of critical assets and 
     infrastructure, including platforms, stations, terminals, and 
     information systems;
       (B) identification of the vulnerabilities to those assets 
     and infrastructure; and
       (C) identification of weaknesses in--
       (i) physical security;
       (ii) passenger and cargo security;
       (iii) the security of programmable electronic devices, 
     computers, or other automated systems which are used in 
     providing over-the-road bus transportation;
       (iv) alarms, cameras, and other protection systems;
       (v) communications systems and utilities needed for over-
     the-road bus security purposes, including dispatching 
     systems;
       (vi) emergency response planning;
       (vii) employee training; and
       (viii) such other matters as the Secretary determines 
     appropriate.
       (2) Threat information.--The Secretary shall provide in a 
     timely manner to the appropriate employees of an over-the-
     road bus operator, as designated by the over-the-road bus 
     operator, threat information that is relevant to the operator 
     when preparing and submitting a vulnerability assessment and 
     security plan, including an assessment of the most likely 
     methods that could be used by terrorists to exploit 
     weaknesses in over-the-road bus security.
       (e) Security Plans.--
       (1) Requirements.--The Secretary shall provide technical 
     assistance and guidance to over-the-road bus operators in 
     preparing and implementing security plans under this section 
     and shall require that each security plan of an over-the-road 
     bus operator assigned to a high-risk tier under this section 
     includes, as appropriate--
       (A) the identification of a security coordinator having 
     authority--
       (i) to implement security actions under the plan;
       (ii) to coordinate security improvements; and
       (iii) to receive communications from appropriate Federal 
     officials regarding over-the-road bus security;
       (B) a list of needed capital and operational improvements;
       (C) procedures to be implemented or used by the over-the-
     road bus operator in response to a terrorist attack, 
     including evacuation and passenger communication plans that 
     include individuals with disabilities, as appropriate;
       (D) the identification of steps taken with State and local 
     law enforcement agencies, emergency responders, and Federal 
     officials to coordinate security measures and plans for 
     response to a terrorist attack;
       (E) a strategy and timeline for conducting training under 
     section 1534;
       (F) enhanced security measures to be taken by the over-the-
     road bus operator when the Secretary declares a period of 
     heightened security risk;
       (G) plans for providing redundant and backup systems 
     required to ensure the continued operation of critical 
     elements of the over-the-road bus operator's system in the 
     event of a terrorist attack or other incident; and
       (H) such other actions or procedures as the Secretary 
     determines are appropriate to address the security of over-
     the-road bus operators.
       (2) Security coordinator requirements.--The Secretary shall 
     require that the individual serving as the security 
     coordinator identified in paragraph (1)(A) is a citizen of 
     the United States. The Secretary may waive this requirement 
     with respect to an individual if the Secretary determines 
     that it is appropriate to do so based on a background check 
     of the individual and a review of the consolidated terrorist 
     watchlist.
       (f) Deadline for Review Process.--Not later than 6 months 
     after receiving the assessments and plans required under this 
     section, the Secretary shall--
       (1) review each vulnerability assessment and security plan 
     submitted to the Secretary in accordance with subsection (c);
       (2) require amendments to any security plan that does not 
     meet the requirements of this section; and
       (3) approve any vulnerability assessment or security plan 
     that meets the requirements of this section.
       (g) Interim Security Measures.--The Secretary may require 
     over-the-road bus operators, during the period before the 
     deadline established under subsection (c), to submit a 
     security plan to implement any necessary interim security 
     measures essential to providing adequate security of the 
     over-the-road bus operator's system. An interim plan required 
     under this subsection shall be superseded by a plan required 
     under subsection (c).
       (h) Tier Assignment.--The Secretary shall assign each over-
     the-road bus operator to a risk-based tier established by the 
     Secretary.
       (1) Provision of information.--The Secretary may request, 
     and an over-the-road bus operator shall provide, information 
     necessary for the Secretary to assign an over-the-road bus 
     operator to the appropriate tier under this subsection.
       (2) Notification.--Not later than 60 days after the date an 
     over-the-road bus operator is assigned to a tier under this 
     section, the Secretary shall notify the operator of the tier 
     to which it is assigned and the reasons for such assignment.
       (3) High-risk tiers.--At least one of the tiers established 
     by the Secretary under this section shall be a tier 
     designated for high-risk over-the-road bus operators.
       (4) Reassignment.--The Secretary may reassign an over-the-
     road bus operator to another tier, as appropriate, in 
     response to changes in risk and the Secretary shall notify 
     the over-the-road bus operator within 60 days after such 
     reassignment and provide the operator with the reasons for 
     such reassignment.
       (i) Existing Procedures, Protocols, and Standards.--
       (1) Determination.--In response to a petition by an over-
     the-road bus operator or at the discretion of the Secretary, 
     the Secretary may determine that existing procedures, 
     protocols, and standards meet all or part of the requirements 
     of this section regarding vulnerability assessments and 
     security plans.
       (2) Election.--Upon review and written determination by the 
     Secretary that existing procedures, protocols, or standards 
     of an over-the-road bus operator satisfy the requirements of 
     this section, the over-the-road bus operator may elect to 
     comply with those procedures, protocols, or standards instead 
     of the requirements of this section.
       (3) Partial approval.--If the Secretary determines that the 
     existing procedures, protocols, or standards of an over-the-
     road bus operator satisfy only part of the requirements of 
     this section, the Secretary may accept such submission, but 
     shall require submission by the operator of any additional 
     information relevant to the vulnerability assessment and 
     security plan of the operator to ensure that the remaining 
     requirements of this section are fulfilled.
       (4) Notification.--If the Secretary determines that 
     particular existing procedures, protocols, or standards of an 
     over-the-road bus operator under this subsection do not 
     satisfy the requirements of this section, the Secretary shall 
     provide to the operator a written notification that includes 
     an explanation of the reasons for nonacceptance.

[[Page 20695]]

       (5) Review.--Nothing in this subsection shall relieve the 
     Secretary of the obligation--
       (A) to review the vulnerability assessment and security 
     plan submitted by an over-the-road bus operator under this 
     section; and
       (B) to approve or disapprove each submission on an 
     individual basis.
       (j) Periodic Evaluation by Over-the-Road Bus Provider 
     Required.--
       (1) Submission of evaluation.--Not later than 3 years after 
     the date on which a vulnerability assessment or security plan 
     required to be submitted to the Secretary under subsection 
     (c) is approved, and at least once every 5 years thereafter 
     (or on such a schedule as the Secretary may establish by 
     regulation), an over-the-road bus operator who submitted a 
     vulnerability assessment and security plan and who is still 
     assigned to the high-risk tier shall also submit to the 
     Secretary an evaluation of the adequacy of the vulnerability 
     assessment and security plan that includes a description of 
     any material changes made to the vulnerability assessment or 
     security plan.
       (2) Review of evaluation.--Not later than 180 days after 
     the date on which an evaluation is submitted, the Secretary 
     shall review the evaluation and notify the over-the-road bus 
     operator submitting the evaluation of the Secretary's 
     approval or disapproval of the evaluation.
       (k) Shared Facilities.--The Secretary may permit under this 
     section the development and implementation of coordinated 
     vulnerability assessments and security plans to the extent 
     that an over-the-road bus operator shares facilities with, or 
     is colocated with, other transportation entities or providers 
     that are required to develop vulnerability assessments and 
     security plans under Federal law.
       (l) Nondisclosure of Information.--
       (1) Submission of information to congress.--Nothing in this 
     section shall be construed as authorizing the withholding of 
     any information from Congress.
       (2) Disclosure of independently furnished information.--
     Nothing in this section shall be construed as affecting any 
     authority or obligation of a Federal agency to disclose any 
     record or information that the Federal agency obtains from an 
     over-the-road bus operator under any other Federal law.

     SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

       (a) In General.--The Secretary shall establish a program 
     for making grants to eligible private operators providing 
     transportation by an over-the-road bus for security 
     improvements described in subsection (b).
       (b) Uses of Funds.--A recipient of a grant received under 
     subsection (a) shall use the grant funds for one or more of 
     the following:
       (1) Constructing and modifying terminals, garages, and 
     facilities, including terminals and other over-the-road bus 
     facilities owned by State or local governments, to increase 
     their security.
       (2) Modifying over-the-road buses to increase their 
     security.
       (3) Protecting or isolating the driver of an over-the-road 
     bus.
       (4) Acquiring, upgrading, installing, or operating 
     equipment, software, or accessorial services for collection, 
     storage, or exchange of passenger and driver information 
     through ticketing systems or other means and for information 
     links with government agencies, for security purposes.
       (5) Installing cameras and video surveillance equipment on 
     over-the-road buses and at terminals, garages, and over-the-
     road bus facilities.
       (6) Establishing and improving an emergency communications 
     system linking drivers and over-the-road buses to the 
     recipient's operations center or linking the operations 
     center to law enforcement and emergency personnel.
       (7) Implementing and operating passenger screening programs 
     for weapons and explosives.
       (8) Public awareness campaigns for enhanced over-the-road 
     bus security.
       (9) Operating and capital costs associated with over-the-
     road bus security awareness, preparedness, and response 
     training, including training under section 1534 and training 
     developed by institutions of higher education and by 
     nonprofit employee labor organizations, for over-the-road bus 
     employees, including frontline employees.
       (10) Chemical, biological, radiological, or explosive 
     detection, including canine patrols for such detection.
       (11) Overtime reimbursement, including reimbursement of 
     State, local, and tribal governments for costs, for enhanced 
     security personnel assigned to duties related to over-the-
     road bus security during periods of high or severe threat 
     levels, National Special Security Events, or other periods of 
     heightened security as determined by the Secretary.
       (12) Live or simulated exercises, including those described 
     in section 1533.
       (13) Operational costs to hire, train, and employ police 
     and security officers, including canine units, assigned to 
     full-time security or counterterrorism duties related to 
     over-the-road bus transportation, including reimbursement of 
     State, local, and tribal government costs for such personnel.
       (14) Development of assessments or security plans under 
     section 1531.
       (15) Such other improvements as the Secretary considers 
     appropriate.
       (c) Due Consideration.--In making grants under this 
     section, the Secretary shall prioritize grant funding based 
     on security risks to bus passengers and the ability of a 
     project to reduce, or enhance response to, that risk, and 
     shall not penalize private operators of over-the-road buses 
     that have taken measures to enhance over-the-road bus 
     transportation security prior to September 11, 2001.
       (d) Department of Homeland Security Responsibilities.--In 
     carrying out the responsibilities under subsection (a), the 
     Secretary shall--
       (1) determine the requirements for recipients of grants 
     under this section, including application requirements;
       (2) select grant recipients;
       (3) award the funds authorized by this section based on 
     risk, as identified by the plans required under section 1531 
     or assessment or plan described in subsection (f)(2); and
       (4) pursuant to subsection (c), establish priorities for 
     the use of funds for grant recipients.
       (e) Distribution of Grants.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary and the 
     Secretary of Transportation shall determine the most 
     effective and efficient way to distribute grant funds to the 
     recipients of grants determined by the Secretary under 
     subsection (a). Subject to the determination made by the 
     Secretaries, the Secretary may transfer funds to the 
     Secretary of Transportation for the purposes of disbursing 
     funds to the grant recipient.
       (f) Eligibility.--
       (1) A private operator providing transportation by an over-
     the-road bus is eligible for a grant under this section if 
     the operator has completed a vulnerability assessment and 
     developed a security plan that the Secretary has approved 
     under section 1531. Grant funds may only be used for 
     permissible uses under subsection (b) to further an over-the-
     road bus security plan.
       (2) Notwithstanding the requirements for eligibility and 
     uses in paragraph (1), prior to the earlier of one year after 
     the date of issuance of final regulations requiring 
     vulnerability assessments and security plans under section 
     1531 or 3 years after the date of enactment of this Act, the 
     Secretary may award grants under this section for over-the-
     road bus security improvements listed under subsection (b) 
     based upon over-the-road bus vulnerability assessments and 
     security plans that the Secretary deems are sufficient for 
     the purposes of this section but have not been approved by 
     the Secretary in accordance with section 1531.
       (g) Subject to Certain Terms and Conditions.--Except as 
     otherwise specifically provided in this section, a grant made 
     under this section shall be subject to the terms and 
     conditions applicable to subrecipients who provide over-the-
     road bus transportation under section 5311(f) of title 49, 
     United States Code, and such other terms and conditions as 
     are determined necessary by the Secretary.
       (h) Limitation on Uses of Funds.--A grant made under this 
     section may not be used to make any State or local government 
     cost-sharing contribution under any other Federal law.
       (i) Annual Reports.--Each recipient of a grant under this 
     section shall report annually to the Secretary and on the use 
     of such grant funds.
       (j) Consultation.--In carrying out this section, the 
     Secretary shall consult with over-the-road bus operators and 
     nonprofit employee labor organizations representing over-the-
     road bus employees, public safety and law enforcement 
     officials.
       (k) Authorization.--
       (1) In general.--From the amounts appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503 of this Act, there shall be made available to 
     the Secretary to make grants under this section--
       (A) $12,000,000 for fiscal year 2008;
       (B) $25,000,000 for fiscal year 2009;
       (C) $25,000,000 for fiscal year 2010; and
       (D) $25,000,000 for fiscal year 2011.
       (2) Period of availability.--Sums appropriated to carry out 
     this section shall remain available until expended.

     SEC. 1533. OVER-THE-ROAD BUS EXERCISES.

       (a) In General.--The Secretary shall establish a program 
     for conducting security exercises for over-the-road bus 
     transportation for the purpose of assessing and improving the 
     capabilities of entities described in subsection (b) to 
     prevent, prepare for, mitigate, respond to, and recover from 
     acts of terrorism.
       (b) Covered Entities.--Entities to be assessed under the 
     program shall include--
       (1) Federal, State, and local agencies and tribal 
     governments;
       (2) over-the-road bus operators and over-the-road bus 
     terminal owners and operators;
       (3) governmental and nongovernmental emergency response 
     providers and law enforcement agencies; and
       (4) any other organization or entity that the Secretary 
     determines appropriate.
       (c) Requirements.--The Secretary shall ensure that the 
     program--
       (1) consolidates existing security exercises for over-the-
     road bus operators and terminals administered by the 
     Department and the Department of Transportation, as jointly 
     determined by the Secretary and the Secretary of 
     Transportation, unless the Secretary waives this 
     consolidation requirement, as appropriate;
       (2) consists of exercises that are--
       (A) scaled and tailored to the needs of the over-the-road 
     bus operators and terminals, including addressing the needs 
     of the elderly and individuals with disabilities;
       (B) live, in the case of the most at-risk facilities to a 
     terrorist attack;
       (C) coordinated with appropriate officials;
       (D) as realistic as practicable and based on current risk 
     assessments, including credible threats, vulnerabilities, and 
     consequences;
       (E) inclusive, as appropriate, of over-the-road bus 
     frontline employees; and

[[Page 20696]]

       (F) consistent with the National Incident Management 
     System, the National Response Plan, the National 
     Infrastructure Protection Plan, the National Preparedness 
     Guidance, the National Preparedness Goal, and other such 
     national initiatives;
       (3) provides that exercises described in paragraph (2) will 
     be--
       (A) evaluated by the Secretary against clear and consistent 
     performance measures;
       (B) assessed by the Secretary to identify best practices, 
     which shall be shared, as appropriate, with operators 
     providing over-the-road bus transportation, nonprofit 
     employee organizations that represent over-the-road bus 
     employees, Federal, State, local, and tribal officials, 
     governmental and nongovernmental emergency response 
     providers, and law enforcement personnel; and
       (C) used to develop recommendations, as appropriate, 
     provided to over-the-road bus operators and terminal owners 
     and operators on remedial action to be taken in response to 
     lessons learned;
       (4) allows for proper advanced notification of communities 
     and local governments in which exercises are held, as 
     appropriate; and
       (5) assists State, local, and tribal governments and over-
     the-road bus operators and terminal owners and operators in 
     designing, implementing, and evaluating additional exercises 
     that conform to the requirements of paragraph (2).
       (d) National Exercise Program.--The Secretary shall ensure 
     that the exercise program developed under subsection (c) is 
     consistent with the National Exercise Program established 
     under section 648 of the Post Katrina Emergency Management 
     Reform Act (Public Law 109-295; 6 U.S.C. 748).

     SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall develop and issue 
     regulations for an over-the-road bus training program to 
     prepare over-the-road bus frontline employees for potential 
     security threats and conditions. The regulations shall take 
     into consideration any current security training requirements 
     or best practices.
       (b) Consultation.--The Secretary shall develop regulations 
     under subsection (a) in consultation with--
       (1) appropriate law enforcement, fire service, emergency 
     response, security, and terrorism experts;
       (2) operators providing over-the-road bus transportation; 
     and
       (3) nonprofit employee labor organizations representing 
     over-the-road bus employees and emergency response personnel.
       (c) Program Elements.--The regulations developed under 
     subsection (a) shall require security training programs, to 
     include, at a minimum, elements to address the following, as 
     applicable:
       (1) Determination of the seriousness of any occurrence or 
     threat.
       (2) Driver and passenger communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of personal and other protective equipment.
       (5) Evacuation procedures for passengers and over-the-road 
     bus employees, including individuals with disabilities and 
     the elderly.
       (6) Psychology, behavior, and methods of terrorists, 
     including observation and analysis.
       (7) Training related to psychological responses to 
     terrorist incidents, including the ability to cope with 
     hijacker behavior and passenger responses.
       (8) Live situational training exercises regarding various 
     threat conditions, including tunnel evacuation procedures.
       (9) Recognition and reporting of dangerous substances, 
     suspicious packages, and situations.
       (10) Understanding security incident procedures, including 
     procedures for communicating with emergency response 
     providers and for on-scene interaction with such emergency 
     response providers.
       (11) Operation and maintenance of security equipment and 
     systems.
       (12) Other security training activities that the Secretary 
     considers appropriate.
       (d) Required Programs.--
       (1) Development and submission to secretary.--Not later 
     than 90 days after the Secretary issues the regulations under 
     subsection (a), each over-the-road bus operator shall develop 
     a security training program in accordance with such 
     regulations and submit the program to the Secretary for 
     approval.
       (2) Approval.--Not later than 60 days after receiving a 
     security training program under this subsection, the 
     Secretary shall approve the program or require the over-the-
     road bus operator that developed the program to make any 
     revisions to the program that the Secretary considers 
     necessary for the program to meet the requirements of the 
     regulations. An over-the-road bus operator shall respond to 
     the Secretary's comments not later than 30 days after 
     receiving them.
       (3) Training.--Not later than 1 year after the Secretary 
     approves a security training program in accordance with this 
     subsection, the over-the-road bus operator that developed the 
     program shall complete the training of all over-the-road bus 
     frontline employees who were hired by the operator more than 
     30 days preceding such date. For such employees employed less 
     than 30 days by an operator preceding such date, training 
     shall be completed within the first 60 days of employment.
       (4) Updates of regulations and program revisions.--The 
     Secretary shall periodically review and update, as 
     appropriate, the training regulations issued under subsection 
     (a) to reflect new or changing security threats. Each over-
     the-road bus operator shall revise its training program 
     accordingly and provide additional training as necessary to 
     its employees within a reasonable time after the regulations 
     are updated.
       (e) National Training Program.--The Secretary shall ensure 
     that the training program developed under subsection (a) is a 
     component of the National Training Program established under 
     section 648 of the Post Katrina Emergency Management Reform 
     Act (Public Law 109-295; 6 U.S.C. 748).
       (f) Reporting Requirements.--Not later than 2 years after 
     the date of regulation issuance, the Secretary shall review 
     implementation of the training program of a representative 
     sample of over-the-road bus operators and over-the-road bus 
     frontline employees, and report to the appropriate 
     congressional committees of such reviews. The Secretary may 
     submit the report in both classified and redacted formats as 
     necessary.

     SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND 
                   DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary, acting through the Under Secretary for Science and 
     Technology and the Administrator of the Transportation 
     Security Administration, shall carry out a research and 
     development program for the purpose of improving the security 
     of over-the-road buses.
       (b) Eligible Projects.--The research and development 
     program may include projects--
       (1) to reduce the vulnerability of over-the-road buses, 
     stations, terminals, and equipment to explosives and 
     hazardous chemical, biological, and radioactive substances, 
     including the development of technology to screen passengers 
     in large numbers with minimal interference and disruption;
       (2) to test new emergency response and recovery techniques 
     and technologies, including those used at international 
     borders;
       (3) to develop improved technologies, including those for--
       (A) emergency response training, including training in a 
     tunnel environment, if appropriate; and
       (B) security and redundancy for critical communications, 
     electrical power, computer, and over-the-road bus control 
     systems; and
       (4) to address other vulnerabilities and risks identified 
     by the Secretary.
       (c) Coordination With Other Research Initiatives.--The 
     Secretary--
       (1) shall ensure that the research and development program 
     is consistent with the other transportation security research 
     and development programs required by this Act;
       (2) shall, to the extent practicable, coordinate the 
     research and development activities of the Department with 
     other ongoing research and development security-related 
     initiatives, including research being conducted by--
       (A) the Department of Transportation, including University 
     Transportation Centers and other institutes, centers, and 
     simulators funded by the Department of Transportation;
       (B) the National Academy of Sciences;
       (C) the Technical Support Working Group;
       (D) other Federal departments and agencies; and
       (E) other Federal and private research laboratories, 
     research entities, and institutions of higher education, 
     including Historically Black Colleges and Universities, 
     Hispanic Serving Institutions, and Indian Tribally Controlled 
     Colleges and Universities;
       (3) shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with an appropriate Federal agency, if the agency--
       (A) is currently sponsoring a research and development 
     project in a similar area; or
       (B) has a unique facility or capability that would be 
     useful in carrying out the project;
       (4) may award grants and enter into cooperative agreements, 
     contracts, other transactions, or reimbursable agreements to 
     the entities described in paragraph (2) and eligible 
     recipients under section 1532; and
       (5) shall make reasonable efforts to enter into memoranda 
     of understanding, contracts, grants, cooperative agreements, 
     or other transactions with private operators providing over-
     the-road bus transportation willing to contribute assets, 
     physical space, and other resources.
       (d) Privacy and Civil Rights and Civil Liberties Issues.--
       (1) Consultation.--In carrying out research and development 
     projects under this section, the Secretary shall consult with 
     the Chief Privacy Officer of the Department and the Officer 
     for Civil Rights and Civil Liberties of the Department as 
     appropriate and in accordance with section 222 of the 
     Homeland Security Act of 2002.
       (2) Privacy impact assessments.--In accordance with 
     sections 222 and 705 of the Homeland Security Act of 2002, 
     the Chief Privacy Officer shall conduct privacy impact 
     assessments and the Officer for Civil Rights and Civil 
     Liberties shall conduct reviews, as appropriate, for research 
     and development initiatives developed under this section that 
     the Secretary determines could have an impact on privacy, 
     civil rights, or civil liberties.
       (e) Authorization of Appropriations.--
       (1) In general.--From the amounts appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503

[[Page 20697]]

     of this Act, there shall be made available to the Secretary 
     to carry out this section--
       (A) $2,000,000 for fiscal year 2008;
       (B) $2,000,000 for fiscal year 2009;
       (C) $2,000,000 for fiscal year 2010; and
       (D) $2,000,000 for fiscal year 2011.
       (2) Period of availability.--Such sums shall remain 
     available until expended.

     SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.

       Section 31105 of title 49, United States Code, is amended 
     to read:
       ``(a) Prohibitions.--(1) A person may not discharge an 
     employee, or discipline or discriminate against an employee 
     regarding pay, terms, or privileges of employment, because--
       ``(A)(i) the employee, or another person at the employee's 
     request, has filed a complaint or begun a proceeding related 
     to a violation of a commercial motor vehicle safety or 
     security regulation, standard, or order, or has testified or 
     will testify in such a proceeding; or
       ``(ii) the person perceives that the employee has filed or 
     is about to file a complaint or has begun or is about to 
     begin a proceeding related to a violation of a commercial 
     motor vehicle safety or security regulation, standard, or 
     order;
       ``(B) the employee refuses to operate a vehicle because--
       ``(i) the operation violates a regulation, standard, or 
     order of the United States related to commercial motor 
     vehicle safety, health, or security; or
       ``(ii) the employee has a reasonable apprehension of 
     serious injury to the employee or the public because of the 
     vehicle's hazardous safety or security condition;
       ``(C) the employee accurately reports hours on duty 
     pursuant to chapter 315;
       ``(D) the employee cooperates, or the person perceives that 
     the employee is about to cooperate, with a safety or security 
     investigation by the Secretary of Transportation, the 
     Secretary of Homeland Security, or the National 
     Transportation Safety Board; or
       ``(E) the employee furnishes, or the person perceives that 
     the employee is or is about to furnish, information to the 
     Secretary of Transportation, the Secretary of Homeland 
     Security, the National Transportation Safety Board, or any 
     Federal, State, or local regulatory or law enforcement agency 
     as to the facts relating to any accident or incident 
     resulting in injury or death to an individual or damage to 
     property occurring in connection with commercial motor 
     vehicle transportation.
       ``(2) Under paragraph (1)(B)(ii) of this subsection, an 
     employee's apprehension of serious injury is reasonable only 
     if a reasonable individual in the circumstances then 
     confronting the employee would conclude that the hazardous 
     safety or security condition establishes a real danger of 
     accident, injury, or serious impairment to health. To qualify 
     for protection, the employee must have sought from the 
     employer, and been unable to obtain, correction of the 
     hazardous safety or security condition.
       ``(b) Filing Complaints and Procedures.--(1) An employee 
     alleging discharge, discipline, or discrimination in 
     violation of subsection (a) of this section, or another 
     person at the employee's request, may file a complaint with 
     the Secretary of Labor not later than 180 days after the 
     alleged violation occurred. All complaints initiated under 
     this section shall be governed by the legal burdens of proof 
     set forth in section 42121(b). On receiving the complaint, 
     the Secretary of Labor shall notify, in writing, the person 
     alleged to have committed the violation of the filing of the 
     complaint.
       ``(2)(A) Not later than 60 days after receiving a 
     complaint, the Secretary of Labor shall conduct an 
     investigation, decide whether it is reasonable to believe the 
     complaint has merit, and notify, in writing, the complainant 
     and the person alleged to have committed the violation of the 
     findings. If the Secretary of Labor decides it is reasonable 
     to believe a violation occurred, the Secretary of Labor shall 
     include with the decision findings and a preliminary order 
     for the relief provided under paragraph (3) of this 
     subsection.
       ``(B) Not later than 30 days after the notice under 
     subparagraph (A) of this paragraph, the complainant and the 
     person alleged to have committed the violation may file 
     objections to the findings or preliminary order, or both, and 
     request a hearing on the record. The filing of objections 
     does not stay a reinstatement ordered in the preliminary 
     order. If a hearing is not requested within the 30 days, the 
     preliminary order is final and not subject to judicial 
     review.
       ``(C) A hearing shall be conducted expeditiously. Not later 
     than 120 days after the end of the hearing, the Secretary of 
     Labor shall issue a final order. Before the final order is 
     issued, the proceeding may be ended by a settlement agreement 
     made by the Secretary of Labor, the complainant, and the 
     person alleged to have committed the violation.
       ``(3)(A) If the Secretary of Labor decides, on the basis of 
     a complaint, a person violated subsection (a) of this 
     section, the Secretary of Labor shall order the person to--
       ``(i) take affirmative action to abate the violation;
       ``(ii) reinstate the complainant to the former position 
     with the same pay and terms and privileges of employment; and
       ``(iii) pay compensatory damages, including backpay with 
     interest and compensation for any special damages sustained 
     as a result of the discrimination, including litigation 
     costs, expert witness fees, and reasonable attorney fees.
       ``(B) If the Secretary of Labor issues an order under 
     subparagraph (A) of this paragraph and the complainant 
     requests, the Secretary of Labor may assess against the 
     person against whom the order is issued the costs (including 
     attorney fees) reasonably incurred by the complainant in 
     bringing the complaint. The Secretary of Labor shall 
     determine the costs that reasonably were incurred.
       ``(C) Relief in any action under subsection (b) may include 
     punitive damages in an amount not to exceed $250,000.
       ``(c) De Novo Review.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision within 210 days after the filing of the 
     complaint and if the delay is not due to the bad faith of the 
     employee, the employee may bring an original action at law or 
     equity for de novo review in the appropriate district court 
     of the United States, which shall have jurisdiction over such 
     an action without regard to the amount in controversy, and 
     which action shall, at the request of either party to such 
     action, be tried by the court with a jury.
       ``(d) Judicial Review and Venue.--A person adversely 
     affected by an order issued after a hearing under subsection 
     (b) of this section may file a petition for review, not later 
     than 60 days after the order is issued, in the court of 
     appeals of the United States for the circuit in which the 
     violation occurred or the person resided on the date of the 
     violation. Review shall conform to chapter 7 of title 5. The 
     review shall be heard and decided expeditiously. An order of 
     the Secretary of Labor subject to review under this 
     subsection is not subject to judicial review in a criminal or 
     other civil proceeding.
       ``(e) Civil Actions to Enforce.--If a person fails to 
     comply with an order issued under subsection (b) of this 
     section, the Secretary of Labor shall bring a civil action to 
     enforce the order in the district court of the United States 
     for the judicial district in which the violation occurred.
       ``(f) No Preemption.--Nothing in this section preempts or 
     diminishes any other safeguards against discrimination, 
     demotion, discharge, suspension, threats, harassment, 
     reprimand, retaliation, or any other manner of discrimination 
     provided by Federal or State law.
       ``(g) Rights Retained by Employee.--Nothing in this section 
     shall be deemed to diminish the rights, privileges, or 
     remedies of any employee under any Federal or State law or 
     under any collective bargaining agreement. The rights and 
     remedies in this section may not be waived by any agreement, 
     policy, form, or condition of employment.
       ``(h) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation or the Secretary of Homeland 
     Security may not disclose the name of an employee who has 
     provided information about an alleged violation of this part, 
     or a regulation prescribed or order issued under any of those 
     provisions.
       ``(2) The Secretary of Transportation or the Secretary of 
     Homeland Security shall disclose to the Attorney General the 
     name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement. The Secretary making such disclosure shall 
     provide reasonable advance notice to the affected employee if 
     disclosure of that person's identity or identifying 
     information is to occur.
       ``(i) Process for Reporting Security Problems to the 
     Department of Homeland Security.--
       ``(1) Establishment of process.--The Secretary of Homeland 
     Security shall establish through regulations, after an 
     opportunity for notice and comment, a process by which any 
     person may report to the Secretary of Homeland Security 
     regarding motor carrier vehicle security problems, 
     deficiencies, or vulnerabilities.
       ``(2) Acknowledgment of receipt.--If a report submitted 
     under paragraph (1) identifies the person making the report, 
     the Secretary of Homeland Security shall respond promptly to 
     such person and acknowledge receipt of the report.
       ``(3) Steps to address problem.--The Secretary of Homeland 
     Security shall review and consider the information provided 
     in any report submitted under paragraph (1) and shall take 
     appropriate steps to address any problems or deficiencies 
     identified.
       ``(j) Definition.--In this section, `employee' means a 
     driver of a commercial motor vehicle (including an 
     independent contractor when personally operating a commercial 
     motor vehicle), a mechanic, a freight handler, or an 
     individual not an employer, who--
       ``(1) directly affects commercial motor vehicle safety or 
     security in the course of employment by a commercial motor 
     carrier; and
       ``(2) is not an employee of the United States Government, a 
     State, or a political subdivision of a State acting in the 
     course of employment.''.

     SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.

       (a) Reenactment of SSRS.--Section 14504 of title 49, United 
     States Code, as that section was in effect on December 31, 
     2006, shall be in effect as a law of the United States for 
     the period beginning on January 1, 2007, ending on the 
     earlier of January 1, 2008, or the effective date of the 
     final regulations issued pursuant to subsection (b).
       (b) Deadline for Final Regulations.--Not later than October 
     1, 2007, the Federal Motor Carrier Safety Administration 
     shall issue final regulations to establish the Unified 
     Carrier Registration System, as required by section 13908 of 
     title 49, United States Code, and set fees for the unified 
     carrier registration agreement for calendar year 2007 or 
     subsequent calendar years to

[[Page 20698]]

     be charged to motor carriers, motor private carriers, and 
     freight forwarders under such agreement, as required by 
     14504a of title 49, United States Code.
       (c) Repeal of SSRS.--Section 4305(a) of the Safe, 
     Accountable, Flexible Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1764) is amended by striking 
     ``the first January'' and all that follows through ``this 
     Act'' and inserting ``January 1, 2008''.

     SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.

       (a) School Bus Security Risk Assessment.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall transmit to the appropriate congressional committees a 
     report, including a classified report, as appropriate, 
     containing a comprehensive assessment of the risk of a 
     terrorist attack on the Nation's school bus transportation 
     system in accordance with the requirements of this section.
       (b) Contents of Risk Assessment.--The assessment shall 
     include--
       (1) an assessment of security risks to the Nation's school 
     bus transportation system, including publicly and privately 
     operated systems;
       (2) an assessment of actions already taken by operators or 
     others to address identified security risks; and
       (3) an assessment of whether additional actions and 
     investments are necessary to improve the security of 
     passengers traveling on school buses and a list of such 
     actions or investments, if appropriate.
       (c) Consultation.--In conducting the risk assessment, the 
     Secretary shall consult with administrators and officials of 
     school systems, representatives of the school bus industry, 
     including both publicly and privately operated systems, 
     public safety and law enforcement officials, and nonprofit 
     employee labor organizations representing school bus drivers.

     SEC. 1539. TECHNICAL AMENDMENT.

       Section 1992(d)(7) of title 18, United States Code, is 
     amended by inserting ``intercity bus transportation'' after 
     ``includes''.

     SEC. 1540. TRUCK SECURITY ASSESSMENT.

       (a) Definition.--For the purposes of this section, the term 
     ``truck'' means any self-propelled or towed motor vehicle 
     used on a highway in interstate commerce to transport 
     property when the vehicle--
       (1) has a gross vehicle weight rating or gross combination 
     weight rating, or gross vehicle weight or gross combination 
     weight, of 4,536 kg (10,001 pounds) or more, whichever is 
     greater; or
       (2) is used in transporting material found by the Secretary 
     of Transportation to be hazardous under section 5103 of title 
     49, United States Code, and transported in a quantity 
     requiring placarding under regulations prescribed by the 
     Secretary under subtitle B, chapter I, subchapter C of title 
     49, Code of Federal Regulations.
       (b) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of Transportation, shall transmit a report to 
     the appropriate congressional committees on truck security 
     issues that includes--
       (1) a security risk assessment of the trucking industry;
       (2) an assessment of actions already taken by both public 
     and private entities to address identified security risks;
       (3) an assessment of the economic impact that security 
     upgrades of trucks, truck equipment, or truck facilities may 
     have on the trucking industry and its employees, including 
     independent owner-operators;
       (4) an assessment of ongoing research by public and private 
     entities and the need for additional research on truck 
     security;
       (5) an assessment of industry best practices to enhance 
     security; and
       (6) an assessment of the current status of secure truck 
     parking.
       (c) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.

     SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation and the Secretary shall 
     execute and develop an annex to the Memorandum of 
     Understanding between the two departments signed on September 
     28, 2004, governing the specific roles, delineations of 
     responsibilities, resources, and commitments of the 
     Department of Transportation and the Department of Homeland 
     Security, respectively, in addressing motor carrier 
     transportation security matters, including over-the-road bus 
     security matters, and shall cover the processes the 
     Departments will follow to promote communications, 
     efficiency, and nonduplication of effort.

     SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY 
                   GRANT PROGRAM.

       (a) Initial Report.--Not later than 90 days after the date 
     of enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit a report to the 
     appropriate congressional committees on the Federal trucking 
     industry security grant program, for fiscal years 2004 and 
     2005 that--
       (1) addresses the grant announcement, application, receipt, 
     review, award, monitoring, and closeout processes; and
       (2) states the amount obligated or expended under the 
     program for fiscal years 2004 and 2005 for--
       (A) infrastructure protection;
       (B) training;
       (C) equipment;
       (D) educational materials;
       (E) program administration;
       (F) marketing; and
       (G) other functions.
       (b) Subsequent Report.--Not later than 1 year after the 
     date of enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit a report to the 
     appropriate congressional committees that--
       (1) analyzes the performance, efficiency, and effectiveness 
     of the Federal trucking industry security grant program, and 
     the need for the program using all years of available data; 
     and
       (2) makes recommendations regarding the future of the 
     program, including options to improve the effectiveness and 
     utility of the program and motor carrier security.

          Subtitle D--Hazardous Material and Pipeline Security

     SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary, shall publish a final rule 
     based on the Pipeline and Hazardous Materials Safety 
     Administration's Notice of Proposed Rulemaking published on 
     December 21, 2006, entitled ``Hazardous Materials: Enhancing 
     Railroad Transportation Safety and Security for Hazardous 
     Materials Shipments''. The final rule shall incorporate the 
     requirements of this section and, as appropriate, public 
     comments received during the comment period of the 
     rulemaking.
       (b) Security-Sensitive Materials Commodity Data.--The 
     Secretary of Transportation shall ensure that the final rule 
     requires each railroad carrier transporting security-
     sensitive materials in commerce to, no later than 90 days 
     after the end of each calendar year, compile security-
     sensitive materials commodity data. Such data must be 
     collected by route, line segment, or series of line segments, 
     as aggregated by the railroad carrier. Within the railroad 
     carrier selected route, the commodity data must identify the 
     geographic location of the route and the total number of 
     shipments by the United Nations identification number for the 
     security-sensitive materials.
       (c) Railroad Transportation Route Analysis for Security-
     Sensitive Materials.--The Secretary of Transportation shall 
     ensure that the final rule requires each railroad carrier 
     transporting security-sensitive materials in commerce to, for 
     each calendar year, provide a written analysis of the safety 
     and security risks for the transportation routes identified 
     in the security-sensitive materials commodity data collected 
     as required by subsection (b). The safety and security risks 
     present shall be analyzed for the route, railroad facilities, 
     railroad storage facilities, and high-consequence targets 
     along or in proximity to the route.
       (d) Alternative Route Analysis for Security-Sensitive 
     Materials.--The Secretary of Transportation shall ensure that 
     the final rule requires each railroad carrier transporting 
     security-sensitive materials in commerce to--
       (1) for each calendar year--
       (A) identify practicable alternative routes over which the 
     railroad carrier has authority to operate as compared to the 
     current route for such a shipment analyzed under subsection 
     (c); and
       (B) perform a safety and security risk assessment of the 
     alternative route for comparison to the route analysis 
     specified in subsection (c);
       (2) ensure that the analysis under paragraph (1) includes--
       (A) identification of safety and security risks for an 
     alternative route;
       (B) comparison of those risks identified under subparagraph 
     (A) to the primary railroad transportation route, including 
     the risk of a catastrophic release from a shipment traveling 
     along the alternate route compared to the primary route;
       (C) any remediation or mitigation measures implemented on 
     the primary or alternative route; and
       (D) potential economic effects of using an alternative 
     route; and
       (3) consider when determining the practicable alternative 
     routes under paragraph (1)(A) the use of interchange 
     agreements with other railroad carriers.
       (e) Alternative Route Selection for Security-Sensitive 
     Materials.--The Secretary of Transportation shall ensure that 
     the final rule requires each railroad carrier transporting 
     security-sensitive materials in commerce to use the analysis 
     required by subsections (c) and (d) to select the safest and 
     most secure route to be used in transporting security-
     sensitive materials.
       (f) Review.--The Secretary of Transportation shall ensure 
     that the final rule requires each railroad carrier 
     transporting security-sensitive materials in commerce to 
     annually review and select the practicable route posing the 
     least overall safety and security risk in accordance with 
     this section. The railroad carrier must retain in writing all 
     route review and selection decision documentation and 
     restrict the distribution, disclosure, and availability of 
     information contained in the route analysis to appropriate 
     persons. This documentation should include, but is not 
     limited to, comparative analyses, charts, graphics, or 
     railroad system maps.
       (g) Retrospective Analysis.--The Secretary of 
     Transportation shall ensure that the final rule requires each 
     railroad carrier transporting security-sensitive materials in 
     commerce to, not less than once every 3 years, analyze the 
     route selection determinations required under this section. 
     Such an analysis shall include a comprehensive, systemwide 
     review of all operational

[[Page 20699]]

     changes, infrastructure modifications, traffic adjustments, 
     changes in the nature of high-consequence targets located 
     along or in proximity to the route, or other changes 
     affecting the safety and security of the movements of 
     security-sensitive materials that were implemented since the 
     previous analysis was completed.
       (h) Consultation.--In carrying out subsection (c), railroad 
     carriers transporting security-sensitive materials in 
     commerce shall seek relevant information from State, local, 
     and tribal officials, as appropriate, regarding security 
     risks to high-consequence targets along or in proximity to a 
     route used by a railroad carrier to transport security-
     sensitive materials.
       (i) Definitions.--In this section:
       (1) The term ``route'' includes storage facilities and 
     trackage used by railroad cars in transportation in commerce.
       (2) The term ``high-consequence target'' means a property, 
     natural resource, location, area, or other target designated 
     by the Secretary that is a viable terrorist target of 
     national significance, which may include a facility or 
     specific critical infrastructure, the attack of which by 
     railroad could result in--
       (A) catastrophic loss of life;
       (B) significant damage to national security or defense 
     capabilities; or
       (C) national economic harm.

     SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.

       (a) Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section 1518 and 
     consistent with the results of research relating to wireless 
     and other tracking technologies, the Secretary, in 
     consultation with the Administrator of the Transportation 
     Security Administration, shall develop a program that will 
     encourage the equipping of railroad cars transporting 
     security-sensitive materials, as defined in section 1501, 
     with technology that provides--
       (A) car position location and tracking capabilities; and
       (B) notification of railroad car depressurization, breach, 
     unsafe temperature, or release of hazardous materials, as 
     appropriate.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for railroad car tracking at the Department of 
     Transportation; and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material railroad tank car tracking 
     pilot programs.
       (b) Funding.--From the amounts appropriated pursuant to 
     114(w) of title 49, United States Code, as amended by section 
     1503 of this title, there shall be made available to the 
     Secretary to carry out this section--
       (1) $3,000,000 for fiscal year 2008;
       (2) $3,000,000 for fiscal year 2009; and
       (3) $3,000,000 for fiscal year 2010.

     SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.

       (a) Route Plan Guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Secretary, shall--
       (1) document existing and proposed routes for the 
     transportation of radioactive and nonradioactive hazardous 
     materials by motor carrier, and develop a framework for using 
     a geographic information system-based approach to 
     characterize routes in the national hazardous materials route 
     registry;
       (2) assess and characterize existing and proposed routes 
     for the transportation of radioactive and nonradioactive 
     hazardous materials by motor carrier for the purpose of 
     identifying measurable criteria for selecting routes based on 
     safety and security concerns;
       (3) analyze current route-related hazardous materials 
     regulations in the United States, Canada, and Mexico to 
     identify cross-border differences and conflicting 
     regulations;
       (4) document the safety and security concerns of the 
     public, motor carriers, and State, local, territorial, and 
     tribal governments about the highway routing of hazardous 
     materials;
       (5) prepare guidance materials for State officials to 
     assist them in identifying and reducing both safety concerns 
     and security risks when designating highway routes for 
     hazardous materials consistent with the 13 safety-based 
     nonradioactive materials routing criteria and radioactive 
     materials routing criteria in subpart C part 397 of title 49, 
     Code of Federal Regulations;
       (6) develop a tool that will enable State officials to 
     examine potential routes for the highway transportation of 
     hazardous materials, assess specific security risks 
     associated with each route, and explore alternative 
     mitigation measures; and
       (7) transmit to the appropriate congressional committees a 
     report on the actions taken to fulfill paragraphs (1) through 
     (6) and any recommended changes to the routing requirements 
     for the highway transportation of hazardous materials in part 
     397 of title 49, Code of Federal Regulations.
       (b) Route Plans.--
       (1) Assessment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete an assessment of the safety and national security 
     benefits achieved under existing requirements for route 
     plans, in written or electronic format, for explosives and 
     radioactive materials. The assessment shall, at a minimum--
       (A) compare the percentage of Department of Transportation 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials for which 
     such route plans are required with the percentage of 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials not subject 
     to such route plans; and
       (B) quantify the security and safety benefits, feasibility, 
     and costs of requiring each motor carrier that is required to 
     have a hazardous material safety permit under part 385 of 
     title 49, Code of Federal Regulations, to maintain, follow, 
     and carry such a route plan that meets the requirements of 
     section 397.101 of that title when transporting the type and 
     quantity of hazardous materials described in section 385.403, 
     taking into account the various segments of the motor carrier 
     industry, including tank truck, truckload and less than 
     truckload carriers.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to the appropriate congressional committees 
     containing the findings and conclusions of the assessment.
       (c) Requirement.--The Secretary shall require motor 
     carriers that have a hazardous material safety permit under 
     part 385 of title 49, Code of Federal Regulations, to 
     maintain, follow, and carry a route plan, in written or 
     electronic format, that meets the requirements of section 
     397.101 of that title when transporting the type and quantity 
     of hazardous materials described in section 385.403 if the 
     Secretary determines, under the assessment required in 
     subsection (b), that such a requirement would enhance 
     security and safety without imposing unreasonable costs or 
     burdens upon motor carriers.

     SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL 
                   TRACKING.

       (a) Communications.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, consistent with the findings of the 
     Transportation Security Administration's hazardous materials 
     truck security pilot program, the Secretary, through the 
     Administrator of the Transportation Security Administration 
     and in consultation with the Secretary of Transportation, 
     shall develop a program to facilitate the tracking of motor 
     carrier shipments of security-sensitive materials and to 
     equip vehicles used in such shipments with technology that 
     provides--
       (A) frequent or continuous communications;
       (B) vehicle position location and tracking capabilities; 
     and
       (C) a feature that allows a driver of such vehicles to 
     broadcast an emergency distress signal.
       (2) Considerations.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for motor carrier or security-sensitive materials tracking at 
     the Department of Transportation;
       (B) take into consideration the recommendations and 
     findings of the report on the hazardous material safety and 
     security operational field test released by the Federal Motor 
     Carrier Safety Administration on November 11, 2004; and
       (C) evaluate--
       (i) any new information related to the costs and benefits 
     of deploying, equipping, and utilizing tracking technology, 
     including portable tracking technology, for motor carriers 
     transporting security-sensitive materials not included in the 
     hazardous material safety and security operational field test 
     report released by the Federal Motor Carrier Safety 
     Administration on November 11, 2004;
       (ii) the ability of tracking technology to resist tampering 
     and disabling;
       (iii) the capability of tracking technology to collect, 
     display, and store information regarding the movement of 
     shipments of security-sensitive materials by commercial motor 
     vehicles;
       (iv) the appropriate range of contact intervals between the 
     tracking technology and a commercial motor vehicle 
     transporting security-sensitive materials;
       (v) technology that allows the installation by a motor 
     carrier of concealed electronic devices on commercial motor 
     vehicles that can be activated by law enforcement authorities 
     to disable the vehicle or alert emergency response resources 
     to locate and recover security-sensitive materials in the 
     event of loss or theft of such materials;
       (vi) whether installation of the technology described in 
     clause (v) should be incorporated into the program under 
     paragraph (1);
       (vii) the costs, benefits, and practicality of such 
     technology described in clause (v) in the context of the 
     overall benefit to national security, including commerce in 
     transportation; and
       (viii) other systems and information the Secretary 
     determines appropriate.
       (b) Funding.--From the amounts appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503 of this Act, there shall be made available to 
     the Secretary to carry out this section--
       (1) $7,000,000 for fiscal year 2008 of which $3,000,000 may 
     be used for equipment;
       (2) $7,000,000 for fiscal year 2009 of which $3,000,000 may 
     be used for equipment; and
       (3) $7,000,000 for fiscal year 2010 of which $3,000,000 may 
     be used for equipment.
       (c) Report.--Not later than 1 year after the issuance of 
     regulations under subsection (a), the Secretary shall issue a 
     report to the appropriate congressional committees on the 
     program developed and evaluation carried out under this 
     section.

[[Page 20700]]

       (d) Limitation.--The Secretary may not mandate the 
     installation or utilization of a technology described under 
     this section without additional congressional authority 
     provided after the date of enactment of this Act.

     SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
                   STUDY.

       (a) In General.--The Secretary of Transportation shall 
     consult with the Secretary to limit, to the extent 
     practicable, duplicative reviews of the hazardous materials 
     security plans required under part 172, title 49, Code of 
     Federal Regulations.
       (b) Transportation Costs Study.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in conjunction with the Secretary, shall 
     study to what extent the insurance, security, and safety 
     costs borne by railroad carriers, motor carriers, pipeline 
     carriers, air carriers, and maritime carriers associated with 
     the transportation of hazardous materials are reflected in 
     the rates paid by offerors of such commodities as compared to 
     the costs and rates, respectively, for the transportation of 
     nonhazardous materials.

     SEC. 1556. TECHNICAL CORRECTIONS.

       (a) Correction.--Section 5103a of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(1) by striking ``Secretary'' and 
     inserting ``Secretary of Homeland Security'';
       (2) in subsection (b) by striking ``Secretary'' each place 
     it appears and inserting ``Secretary of Transportation'';
       (3) in subsection (d)(1)(B) by striking ``Secretary'' and 
     inserting ``Secretary of Homeland Security''; and
       (4) in subsection (e) by striking ``Secretary'' and 
     inserting ``Secretary of Homeland Security'' each place it 
     appears.
       (b) Relationship to Transportation Security Cards.--
       (1) Background check.--An individual who has a valid 
     transportation employee identification card issued by the 
     Secretary under section 70105 of title 46, United States 
     Code, shall be deemed to have met the background records 
     check required under section 5103a of title 49, United States 
     Code.
       (2) State review.--Nothing in this subsection prevents or 
     preempts a State from conducting a criminal records check of 
     an individual that has applied for a license to operate a 
     motor vehicle transporting in commerce a hazardous material.

     SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, consistent with the Annex to the 
     Memorandum of Understanding executed on August 9, 2006, 
     between the Department of Transportation and the Department, 
     the Secretary, in consultation with the Secretary of 
     Transportation, shall establish a program for reviewing 
     pipeline operator adoption of recommendations of the 
     September 5, 2002, Department of Transportation Research and 
     Special Programs Administration's Pipeline Security 
     Information Circular, including the review of pipeline 
     security plans and critical facility inspections.
       (b) Review and Inspection.--Not later than 12 months after 
     the date of enactment of this Act, the Secretary and the 
     Secretary of Transportation shall develop and implement a 
     plan for reviewing the pipeline security plans and an 
     inspection of the critical facilities of the 100 most 
     critical pipeline operators covered by the September 5, 2002, 
     circular, where such facilities have not been inspected for 
     security purposes since September 5, 2002, by either the 
     Department or the Department of Transportation.
       (c) Compliance Review Methodology.--In reviewing pipeline 
     operator compliance under subsections (a) and (b), risk 
     assessment methodologies shall be used to prioritize risks 
     and to target inspection and enforcement actions to the 
     highest risk pipeline assets.
       (d) Regulations.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary and the Secretary of 
     Transportation shall develop and transmit to pipeline 
     operators security recommendations for natural gas and 
     hazardous liquid pipelines and pipeline facilities. If the 
     Secretary determines that regulations are appropriate, the 
     Secretary shall consult with the Secretary of Transportation 
     on the extent of risk and appropriate mitigation measures, 
     and the Secretary or the Secretary of Transportation, 
     consistent with the Annex to the Memorandum of Understanding 
     executed on August 9, 2006, shall promulgate such regulations 
     and carry out necessary inspection and enforcement actions. 
     Any regulations shall incorporate the guidance provided to 
     pipeline operators by the September 5, 2002, Department of 
     Transportation Research and Special Programs Administration's 
     Pipeline Security Information Circular and contain additional 
     requirements as necessary based upon the results of the 
     inspections performed under subsection (b). The regulations 
     shall include the imposition of civil penalties for 
     noncompliance.
       (e) Funding.--From the amounts appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1503 of this Act, there shall be made available to 
     the Secretary to carry out this section--
       (1) $2,000,000 for fiscal year 2008;
       (2) $2,000,000 for fiscal year 2009; and
       (3) $2,000,000 for fiscal year 2010.

     SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Pipeline and Hazardous Materials Safety Administration, and 
     in accordance with the Annex to the Memorandum of 
     Understanding executed on August 9, 2006, the National 
     Strategy for Transportation Security, and Homeland Security 
     Presidential Directive 7, shall develop a pipeline security 
     and incident recovery protocols plan. The plan shall 
     include--
       (1) for the Government to provide increased security 
     support to the most critical interstate and intrastate 
     natural gas and hazardous liquid transmission pipeline 
     infrastructure and operations as determined under section 
     1557 when--
       (A) under severe security threat levels of alert; or
       (B) under specific security threat information relating to 
     such pipeline infrastructure or operations exists; and
       (2) an incident recovery protocol plan, developed in 
     conjunction with interstate and intrastate transmission and 
     distribution pipeline operators and terminals and facilities 
     operators connected to pipelines, to develop protocols to 
     ensure the continued transportation of natural gas and 
     hazardous liquids to essential markets and for essential 
     public health or national defense uses in the event of an 
     incident affecting the interstate and intrastate natural gas 
     and hazardous liquid transmission and distribution pipeline 
     system, which shall include protocols for restoring essential 
     services supporting pipelines and granting access to pipeline 
     operators for pipeline infrastructure repair, replacement, or 
     bypass following an incident.
       (b) Existing Private and Public Sector Efforts.--The plan 
     shall take into account actions taken or planned by both 
     private and public entities to address identified pipeline 
     security issues and assess the effective integration of such 
     actions.
       (c) Consultation.--In developing the plan under subsection 
     (a), the Secretary shall consult with the Secretary of 
     Transportation, interstate and intrastate transmission and 
     distribution pipeline operators, nonprofit employee 
     organizations representing pipeline employees, emergency 
     responders, offerors, State pipeline safety agencies, public 
     safety officials, and other relevant parties.
       (d) Report.--
       (1) Contents.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     appropriate congressional committees a report containing the 
     plan required by subsection (a), including an estimate of the 
     private and public sector costs to implement any 
     recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.

                          TITLE XVI--AVIATION

     SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

       Section 44940 of title 49, United States Code, is amended--
       (1) in subsection (d)(4) by inserting ``, other than 
     subsection (i),'' before ``except to''; and
       (2) by adding at the end the following:
       ``(i) Checkpoint Screening Security Fund.--
       ``(1) Establishment.--There is established in the 
     Department of Homeland Security a fund to be known as the 
     `Checkpoint Screening Security Fund'.
       ``(2) Deposits.--In fiscal year 2008, after amounts are 
     made available under section 44923(h), the next $250,000,000 
     derived from fees received under subsection (a)(1) shall be 
     available to be deposited in the Fund.
       ``(3) Fees.--The Secretary of Homeland Security shall 
     impose the fee authorized by subsection (a)(1) so as to 
     collect at least $250,000,000 in fiscal year 2008 for deposit 
     into the Fund.
       ``(4) Availability of amounts.--Amounts in the Fund shall 
     be available until expended by the Administrator of the 
     Transportation Security Administration for the purchase, 
     deployment, installation, research, and development of 
     equipment to improve the ability of security screening 
     personnel at screening checkpoints to detect explosives.''.

     SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER 
                   AIRCRAFT.

       (a) In General.--Section 44901 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Air Cargo on Passenger Aircraft.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Secretary of Homeland Security 
     shall establish a system to screen 100 percent of cargo 
     transported on passenger aircraft operated by an air carrier 
     or foreign air carrier in air transportation or intrastate 
     air transportation to ensure the security of all such 
     passenger aircraft carrying cargo.
       ``(2) Minimum standards.--The system referred to in 
     paragraph (1) shall require, at a minimum, that equipment, 
     technology, procedures, personnel, or other methods approved 
     by the Administrator of the Transportation Security 
     Administration, are used to screen cargo carried on passenger 
     aircraft described in paragraph (1) to provide a level of 
     security commensurate with the level of security for the 
     screening of passenger checked baggage as follows:
       ``(A) 50 percent of such cargo is so screened not later 
     than 18 months after the date of enactment of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007.
       ``(B) 100 percent of such cargo is so screened not later 
     than 3 years after such date of enactment.

[[Page 20701]]

       ``(3) Regulations.--
       ``(A) Interim final rule.--The Secretary of Homeland 
     Security may issue an interim final rule as a temporary 
     regulation to implement this subsection without regard to the 
     provisions of chapter 5 of title 5.
       ``(B) Final rule.--
       ``(i) In general.--If the Secretary issues an interim final 
     rule under subparagraph (A), the Secretary shall issue, not 
     later than one year after the effective date of the interim 
     final rule, a final rule as a permanent regulation to 
     implement this subsection in accordance with the provisions 
     of chapter 5 of title 5.
       ``(ii) Failure to act.--If the Secretary does not issue a 
     final rule in accordance with clause (i) on or before the 
     last day of the one-year period referred to in clause (i), 
     the Secretary shall submit to the Committee on Homeland 
     Security of the House of Representatives, Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report explaining why the final rule was not 
     timely issued and providing an estimate of the earliest date 
     on which the final rule will be issued. The Secretary shall 
     submit the first such report within 10 days after such last 
     day and submit a report to the Committees containing updated 
     information every 30 days thereafter until the final rule is 
     issued.
       ``(iii) Superceding of interim final rule.--The final rule 
     issued in accordance with this subparagraph shall supersede 
     the interim final rule issued under subparagraph (A).
       ``(4) Report.--Not later than 1 year after the date of 
     establishment of the system under paragraph (1), the 
     Secretary shall submit to the Committees referred to in 
     paragraph (3)(B)(ii) a report that describes the system.
       ``(5) Screening defined.--In this subsection the term 
     `screening' means a physical examination or non-intrusive 
     methods of assessing whether cargo poses a threat to 
     transportation security. Methods of screening include x-ray 
     systems, explosives detection systems, explosives trace 
     detection, explosives detection canine teams certified by the 
     Transportation Security Administration, or a physical search 
     together with manifest verification. The Administrator may 
     approve additional methods to ensure that the cargo does not 
     pose a threat to transportation security and to assist in 
     meeting the requirements of this subsection. Such additional 
     cargo screening methods shall not include solely performing a 
     review of information about the contents of cargo or 
     verifying the identity of a shipper of the cargo that is not 
     performed in conjunction with other security methods 
     authorized under this subsection, including whether a known 
     shipper is registered in the known shipper database. Such 
     additional cargo screening methods may include a program to 
     certify the security methods used by shippers pursuant to 
     paragraphs (1) and (2) and alternative screening methods 
     pursuant to exemptions referred to in subsection (b) of 
     section 1602 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007.''.
       (b) Assessment of Exemptions.--
       (1) TSA assessment.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate committees of Congress and to 
     the Comptroller General a report containing an assessment of 
     each exemption granted under section 44901(i)(1) of title 49, 
     United States Code, for the screening required by such 
     section for cargo transported on passenger aircraft and an 
     analysis to assess the risk of maintaining such exemption.
       (B) Contents.--The report under subparagraph (A) shall 
     include--
       (i) the rationale for each exemption;
       (ii) what percentage of cargo is not screened in accordance 
     with section 44901(g) of title 49, United States Code;
       (iii) the impact of each exemption on aviation security;
       (iv) the projected impact on the flow of commerce of 
     eliminating each exemption, respectively, should the 
     Secretary choose to take such action; and
       (v) plans and rationale for maintaining, changing, or 
     eliminating each exemption.
       (C) Format.--The Secretary may submit the report under 
     subparagraph (A) in both classified and redacted formats if 
     the Secretary determines that such action is appropriate or 
     necessary.
       (2) GAO assessment.--Not later than 120 days after the date 
     on which the report under paragraph (1) is submitted, the 
     Comptroller General shall review the report and submit to the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate an assessment 
     of the methodology of determinations made by the Secretary 
     for maintaining, changing, or eliminating an exemption under 
     section 44901(i)(1) of title 49, United States Code.

     SEC. 1603. IN-LINE BAGGAGE SCREENING.

       (a) Extension of Authorization.--Section 44923(i)(1) of 
     title 49, United States Code, is amended by striking 
     ``2007.'' and inserting ``2007, and $450,000,000 for each of 
     fiscal years 2008 through 2011''.
       (b) Submission of Cost-Sharing Study and Plan.--Not later 
     than 60 days after the date of enactment of this Act, the 
     Secretary for Homeland Security shall submit to the 
     appropriate congressional committees the cost sharing study 
     described in section 4019(d) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (118 Stat. 3722), together 
     with the Secretary's analysis of the study, a list of 
     provisions of the study the Secretary intends to implement, 
     and a plan and schedule for implementation of such listed 
     provisions.

     SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

       (a) In General.--Section 44923 of title 49, United States 
     Code, is amended--
       (1) in subsection (a) by striking ``may make'' and 
     inserting ``shall make'';
       (2) in subsection (d)(1) by striking ``may'' and inserting 
     ``shall'';
       (3) in subsection (h)(1) by striking ``2007'' and inserting 
     ``2028'';
       (4) in subsection (h) by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) Allocation.--Of the amount made available under 
     paragraph (1) for a fiscal year, not less than $200,000,000 
     shall be allocated to fulfill letters of intent issued under 
     subsection (d).
       ``(3) Discretionary grants.--Of the amount made available 
     under paragraph (1) for a fiscal year, up to $50,000,000 
     shall be used to make discretionary grants, including other 
     transaction agreements for airport security improvement 
     projects, with priority given to small hub airports and 
     nonhub airports.'';
       (5) by redesignating subsection (i) as subsection (j); and
       (6) by inserting after subsection (h) the following:
       ``(i) Leveraged Funding.--For purposes of this section, a 
     grant under subsection (a) to an airport sponsor to service 
     an obligation issued by or on behalf of that sponsor to fund 
     a project described in subsection (a) shall be considered to 
     be a grant for that project.''.
       (b) Prioritization of Projects.--
       (1) In general.--The Administrator of the Transportation 
     Security Administration shall establish a prioritization 
     schedule for airport security improvement projects described 
     in section 44923 of title 49, United States Code, based on 
     risk and other relevant factors, to be funded under that 
     section. The schedule shall include both hub airports 
     referred to in paragraphs (29), (31), and (42) of section 
     40102 of such title and nonhub airports (as defined in 
     section 47102(13) of such title).
       (2) Airports that have incurred eligible costs.--The 
     schedule shall include airports that have incurred eligible 
     costs associated with development of partial or completed in-
     line baggage systems before the date of enactment of this Act 
     in reasonable anticipation of receiving a grant under section 
     44923 of title 49, United States Code, in reimbursement of 
     those costs but that have not received such a grant.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall provide a copy 
     of the prioritization schedule, a corresponding timeline, and 
     a description of the funding allocation under section 44923 
     of title 49, United States Code, to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives.

     SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED 
                   PASSENGER PRESCREENING SYSTEM.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Administrator of the Transportation 
     Security Administration, shall submit to the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a plan that--
       (1) describes the system to be utilized by the Department 
     of Homeland Security to assume the performance of comparing 
     passenger information, as defined by the Administrator, to 
     the automatic selectee and no-fly lists, utilizing 
     appropriate records in the consolidated and integrated 
     terrorist watchlist maintained by the Federal Government;
       (2) provides a projected timeline for each phase of testing 
     and implementation of the system;
       (3) explains how the system will be integrated with the 
     prescreening system for passengers on international flights; 
     and
       (4) describes how the system complies with section 552a of 
     title 5, United States Code.
       (b) GAO Assessment.--Not later than 180 days after the date 
     of enactment of this Act, the Comptroller General shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Homeland 
     Security of the House of Representatives that--
       (1) describes the progress made by the Transportation 
     Security Administration in implementing the secure flight 
     passenger pre-screening program;
       (2) describes the effectiveness of the current appeals 
     process for passengers wrongly assigned to the no-fly and 
     terrorist watch lists;
       (3) describes the Transportation Security Administration's 
     plan to protect private passenger information and progress 
     made in integrating the system with the pre-screening program 
     for international flights operated by United States Customs 
     and Border Protection;
       (4) provides a realistic determination of when the system 
     will be completed; and
       (5) includes any other relevant observations or 
     recommendations the Comptroller General deems appropriate.

[[Page 20702]]



     SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY 
                   DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code is amended by adding at the end the 
     following:

     ``Sec. 44926. Appeal and redress process for passengers 
       wrongly delayed or prohibited from boarding a flight

       ``(a) In General.--The Secretary of Homeland Security shall 
     establish a timely and fair process for individuals who 
     believe they have been delayed or prohibited from boarding a 
     commercial aircraft because they were wrongly identified as a 
     threat under the regimes utilized by the Transportation 
     Security Administration, United States Customs and Border 
     Protection, or any other office or component of the 
     Department of Homeland Security.
       ``(b) Office of Appeals and Redress.--
       ``(1) Establishment.--The Secretary shall establish in the 
     Department an Office of Appeals and Redress to implement, 
     coordinate, and execute the process established by the 
     Secretary pursuant to subsection (a). The Office shall 
     include representatives from the Transportation Security 
     Administration, United States Customs and Border Protection, 
     and such other offices and components of the Department as 
     the Secretary determines appropriate.
       ``(2) Records.--The process established by the Secretary 
     pursuant to subsection (a) shall include the establishment of 
     a method by which the Office, under the direction of the 
     Secretary, will be able to maintain a record of air carrier 
     passengers and other individuals who have been misidentified 
     and have corrected erroneous information.
       ``(3) Information.--To prevent repeated delays of an 
     misidentified passenger or other individual, the Office 
     shall--
       ``(A) ensure that the records maintained under this 
     subsection contain information determined by the Secretary to 
     authenticate the identity of such a passenger or individual;
       ``(B) furnish to the Transportation Security 
     Administration, United States Customs and Border Protection, 
     or any other appropriate office or component of the 
     Department, upon request, such information as may be 
     necessary to allow such office or component to assist air 
     carriers in improving their administration of the advanced 
     passenger prescreening system and reduce the number of false 
     positives; and
       ``(C) require air carriers and foreign air carriers take 
     action to identify passengers determined, under the process 
     established under subsection (a), to have been wrongly 
     identified.
       ``(4) Handling of personally identifiable information.--The 
     Secretary, in conjunction with the Chief Privacy Officer of 
     the Department shall--
       ``(A) require that Federal employees of the Department 
     handling personally identifiable information of passengers 
     (in this paragraph referred to as `PII') complete mandatory 
     privacy and security training prior to being authorized to 
     handle PII;
       ``(B) ensure that the records maintained under this 
     subsection are secured by encryption, one-way hashing, other 
     data anonymization techniques, or such other equivalent 
     security technical protections as the Secretary determines 
     necessary;
       ``(C) limit the information collected from misidentified 
     passengers or other individuals to the minimum amount 
     necessary to resolve a redress request;
       ``(D) require that the data generated under this subsection 
     shall be shared or transferred via a secure data network, 
     that has been audited to ensure that the anti-hacking and 
     other security related software functions properly and is 
     updated as necessary;
       ``(E) ensure that any employee of the Department receiving 
     the data contained within the records handles the information 
     in accordance with the section 552a of title 5, United States 
     Code, and the Federal Information Security Management Act of 
     2002 (Public Law 107-296);
       ``(F) only retain the data for as long as needed to assist 
     the individual traveler in the redress process; and
       ``(G) conduct and publish a privacy impact assessment of 
     the process described within this subsection and transmit the 
     assessment to the Committee on Homeland Security of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and Committee on Homeland 
     Security and Governmental Affairs of the Senate.
       ``(5) Initiation of redress process at airports.--The 
     Office shall establish at each airport at which the 
     Department has a significant presence a process to provide 
     information to air carrier passengers to begin the redress 
     process established pursuant to subsection (a).''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 44925 
     the following:

``44926. Appeal and redress process for passengers wrongly delayed or 
              prohibited from boarding a flight.''.

     SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER 
                   SCREENING CHECKPOINTS.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Administrator of the Transportation 
     Security Administration, shall issue the strategic plan the 
     Secretary was required by section 44925(b) of title 49, 
     United States Code, to have issued within 90 days after the 
     date of enactment of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
       (b) Deployment.--Section 44925(b) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(3) Implementation.--The Secretary shall begin 
     implementation of the strategic plan within one year after 
     the date of enactment of this paragraph.''.

     SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION 
                   TRANSPORTATION SECURITY TECHNOLOGY.

       Section 137(a) of the Aviation and Transportation Security 
     Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended--
       (1) by striking ``2002 through 2006'' and inserting ``2006 
     through 2011'';
       (2) by striking ``aviation'' and inserting 
     ``transportation''; and
       (3) by striking ``2002 and 2003'' and inserting ``2006 
     through 2011''.

     SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.

       Section 44901 of title 49, United States Code, as amended 
     by section 1602, is further amended by adding at the end the 
     following:
       ``(j) Blast-Resistant Cargo Containers.--
       ``(1) In general.--Before January 1, 2008, the 
     Administrator of the Transportation Security Administration 
     shall--
       ``(A) evaluate the results of the blast-resistant cargo 
     container pilot program that was initiated before the date of 
     enactment of this subsection; and
       ``(B) prepare and distribute through the Aviation Security 
     Advisory Committee to the appropriate Committees of Congress 
     and air carriers a report on that evaluation which may 
     contain nonclassified and classified sections.
       ``(2) Acquisition, maintenance, and replacement.--Upon 
     completion and consistent with the results of the evaluation 
     that paragraph (1)(A) requires, the Administrator shall--
       ``(A) develop and implement a program, as the Administrator 
     determines appropriate, to acquire, maintain, and replace 
     blast-resistant cargo containers;
       ``(B) pay for the program; and
       ``(C) make available blast-resistant cargo containers to 
     air carriers pursuant to paragraph (3).
       ``(3) Distribution to air carriers.--The Administrator 
     shall make available, beginning not later than July 1, 2008, 
     blast-resistant cargo containers to air carriers for use on a 
     risk managed basis as determined by the Administrator.''.

     SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.

       (a) Technology Research and Pilot Projects.--
       (1) Research and development.--The Secretary of Homeland 
     Security, in consultation with the Administrator of the 
     Transportation Security Administration, shall expedite 
     research and development programs for technologies that can 
     disrupt or prevent an explosive device from being introduced 
     onto a passenger plane or from damaging a passenger plane 
     while in flight or on the ground. The research shall be used 
     in support of implementation of section 44901 of title 49, 
     United States Code.
       (2) Pilot projects.--The Secretary, in conjunction with the 
     Secretary of Transportation, shall establish a grant program 
     to fund pilot projects--
       (A) to deploy technologies described in paragraph (1); and
       (B) to test technologies to expedite the recovery, 
     development, and analysis of information from aircraft 
     accidents to determine the cause of the accident, including 
     deployable flight deck and voice recorders and remote 
     location recording devices.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security for 
     fiscal year 2008 such sums as may be necessary to carry out 
     this section. Such sums shall remain available until 
     expended.

     SEC. 1611. SPECIALIZED TRAINING.

       The Administrator of the Transportation Security 
     Administration shall provide advanced training to 
     transportation security officers for the development of 
     specialized security skills, including behavior observation 
     and analysis, explosives detection, and document examination, 
     in order to enhance the effectiveness of layered 
     transportation security measures.

     SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

       (a) In General.--Notwithstanding any provision of law, any 
     statutory limitation on the number of employees in the 
     Transportation Security Administration, before or after its 
     transfer to the Department of Homeland Security from the 
     Department of Transportation, does not apply after fiscal 
     year 2007.
       (b) Aviation Security.--Notwithstanding any provision of 
     law imposing a limitation on the recruiting or hiring of 
     personnel into the Transportation Security Administration to 
     a maximum number of permanent positions, the Secretary of 
     Homeland Security shall recruit and hire such personnel into 
     the Administration as may be necessary--
       (1) to provide appropriate levels of aviation security; and
       (2) to accomplish that goal in such a manner that the 
     average aviation security-related delay experienced by 
     airline passengers is reduced to a level of less than 10 
     minutes.

     SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT 
                   AIRPORT EXIT LANES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration shall conduct a pilot program at not 
     more than 2 airports to identify technologies to improve 
     security at airport exit lanes.

[[Page 20703]]

       (b) Program Components.--In conducting the pilot program 
     under this section, the Administrator shall--
       (1) utilize different technologies that protect the 
     integrity of the airport exit lanes from unauthorized entry;
       (2) work with airport officials to deploy such technologies 
     in multiple configurations at a selected airport or airports 
     at which some of the exits are not colocated with a screening 
     checkpoint; and
       (3) ensure the level of security is at or above the level 
     of existing security at the airport or airports where the 
     pilot program is conducted.
       (c) Reports.--
       (1) Initial briefing.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall 
     conduct a briefing to the congressional committees set forth 
     in paragraph (3) that describes--
       (A) the airport or airports selected to participate in the 
     pilot program;
       (B) the technologies to be tested;
       (C) the potential savings from implementing the 
     technologies at selected airport exits;
       (D) the types of configurations expected to be deployed at 
     such airports; and
       (E) the expected financial contribution from each airport.
       (2) Final report.--Not later than 18 months after the 
     technologies are deployed at the airports participating in 
     the pilot program, the Administrator shall submit a final 
     report to the congressional committees set forth in paragraph 
     (3) that describes--
       (A) the changes in security procedures and technologies 
     deployed;
       (B) the estimated cost savings at the airport or airports 
     that participated in the pilot program; and
       (C) the efficacy and staffing benefits of the pilot program 
     and its applicability to other airports in the United States.
       (3) Congressional committees.--The reports required under 
     this subsection shall be submitted to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (d) Use of Existing Funds.--This section shall be executed 
     using existing funds.

     SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration, after consultation 
     with airline, airport, and flight crew representatives, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, 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 Transportation and 
     Infrastructure of the House of Representatives a report on 
     the status of the Administration's efforts to institute a 
     sterile area access system or method that will enhance 
     security by properly identifying authorized airline flight 
     deck and cabin crew members at screening checkpoints and 
     granting them expedited access through screening checkpoints. 
     The Administrator shall include in the report recommendations 
     on the feasibility of implementing the system for the 
     domestic aviation industry beginning one year after the date 
     on which the report is submitted.
       (b) Beginning Implementation.--The Administrator shall 
     begin implementation of the system or method referred to in 
     subsection (a) not later than one year after the date on 
     which the Administrator submits the report under subsection 
     (a).

     SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.

       (a) In General.--Section 44903(h)(6) of title 49, United 
     States Code, is amended to read as follows:
       ``(6) Use of biometric technology for armed law enforcement 
     travel.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Implementing Recommendations of the 9/11 
     Commission Act of 2007, the Secretary of Homeland Security, 
     in consultation with the Attorney General, shall--
       ``(i) implement this section by publication in the Federal 
     Register; and
       ``(ii) establish a national registered armed law 
     enforcement program, that shall be federally managed, for law 
     enforcement officers needing to be armed when traveling by 
     commercial aircraft.
       ``(B) Program requirements.--The program shall--
       ``(i) establish a credential or a system that incorporates 
     biometric technology and other applicable technologies;
       ``(ii) establish a system for law enforcement officers who 
     need to be armed when traveling by commercial aircraft on a 
     regular basis and for those who need to be armed during 
     temporary travel assignments;
       ``(iii) comply with other uniform credentialing 
     initiatives, including the Homeland Security Presidential 
     Directive 12;
       ``(iv) apply to all Federal, State, local, tribal, and 
     territorial government law enforcement agencies; and
       ``(v) establish a process by which the travel credential or 
     system may be used to verify the identity, using biometric 
     technology, of a Federal, State, local, tribal, or 
     territorial law enforcement officer seeking to carry a weapon 
     on board a commercial aircraft, without unnecessarily 
     disclosing to the public that the individual is a law 
     enforcement officer.
       ``(C) Procedures.--In establishing the program, the 
     Secretary shall develop procedures--
       ``(i) to ensure that a law enforcement officer of a 
     Federal, State, local, tribal, or territorial government 
     flying armed has a specific reason for flying armed and the 
     reason is within the scope of the duties of such officer;
       ``(ii) to preserve the anonymity of the armed law 
     enforcement officer;
       ``(iii) to resolve failures to enroll, false matches, and 
     false nonmatches relating to the use of the law enforcement 
     travel credential or system;
       ``(iv) to determine the method of issuance of the biometric 
     credential to law enforcement officers needing to be armed 
     when traveling by commercial aircraft;
       ``(v) to invalidate any law enforcement travel credential 
     or system that is lost, stolen, or no longer authorized for 
     use;
       ``(vi) to coordinate the program with the Federal Air 
     Marshal Service, including the force multiplier program of 
     the Service; and
       ``(vii) to implement a phased approach to launching the 
     program, addressing the immediate needs of the relevant 
     Federal agent population before expanding to other law 
     enforcement populations.''.
       (b) Report.--
       (1) In general.--Not later than 180 days after implementing 
     the national registered armed law enforcement program 
     required by section 44903(h)(6) of title 49, United States 
     Code, the Secretary of Homeland Security shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives a report. If the Secretary has not 
     implemented the program within 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committees within 180 days explaining the reasons for the 
     failure to implement the program within the time required by 
     that section and a further report within each successive 90-
     day period until the program is implemented explaining the 
     reasons for such further delays in implementation until the 
     program is functioning.
       (2) Classified format.--The Secretary may submit each 
     report required by this subsection in classified format.

     SEC. 1616. REPAIR STATION SECURITY.

       (a) Certification of Foreign Repair Stations Suspension.--
     If the regulations required by section 44924(f) of title 49, 
     United States Code, are not issued within one year after the 
     date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration may not certify any foreign 
     repair station under part 145 of title 14, Code of Federal 
     Regulations, after such date unless the station was 
     previously certified, or is in the process of certification 
     by the Administration under that part.
       (b) 6-Month Deadline for Security Review and Audit.--
     Subsections (a) and (d) of section 44924 of title 49, United 
     States Code, is amended--
       (1) in each of subsections (a) and (b) by striking ``18 
     months'' and inserting ``6 months''; and
       (2) in subsection (d) by inserting ``(other than a station 
     that was previously certified, or is in the process of 
     certification, by the Administration under this part)'' 
     before ``until''.

     SEC. 1617. GENERAL AVIATION SECURITY.

        Section 44901 of title 49, United States Code, as amended 
     by sections 1602 and 1609, is further amended by adding at 
     the end the following:
       ``(k) General Aviation Airport Security Program.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of this subsection, the Administrator of the 
     Transportation Security Administration shall--
       ``(A) develop a standardized threat and vulnerability 
     assessment program for general aviation airports (as defined 
     in section 47134(m)); and
       ``(B) implement a program to perform such assessments on a 
     risk-managed basis at general aviation airports.
       ``(2) Grant program.--Not later than 6 months after the 
     date of enactment of this subsection, the Administrator shall 
     initiate and complete a study of the feasibility of a 
     program, based on a risk-managed approach, to provide grants 
     to operators of general aviation airports (as defined in 
     section 47134(m)) for projects to upgrade security at such 
     airports. If the Administrator determines that such a program 
     is feasible, the Administrator shall establish such a 
     program.
       ``(3) Application to general aviation aircraft.--Not later 
     than 180 days after the date of enactment of this subsection, 
     the Administrator shall develop a risk-based system under 
     which--
       ``(A) general aviation aircraft, as identified by the 
     Administrator, in coordination with the Administrator of the 
     Federal Aviation Administration, are required to submit 
     passenger information and advance notification requirements 
     for United States Customs and Border Protection before 
     entering United States airspace; and
       ``(B) such information is checked against appropriate 
     databases.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator of the 
     Transportation Security Administration such sums as may be 
     necessary to carry out paragraphs (2) and (3).''.

[[Page 20704]]



     SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY 
                   FUNDING.

       Section 48301(a) of title 49, United States Code, is 
     amended by striking ``and 2006'' and inserting ``2007, 2008, 
     2009, 2010, and 2011''.

                       TITLE XVII--MARITIME CARGO

     SEC. 1701. CONTAINER SCANNING AND SEALS.

       (a) Container Scanning.--Section 232(b) of the SAFE Ports 
     Act (6 U.S.C. 982(b)) is amended to read as follows:
       ``(b) Full-Scale Implementation.--
       ``(1) In general.--A container that was loaded on a vessel 
     in a foreign port shall not enter the United States (either 
     directly or via a foreign port) unless the container was 
     scanned by nonintrusive imaging equipment and radiation 
     detection equipment at a foreign port before it was loaded on 
     a vessel.
       ``(2) Application.--Paragraph (1) shall apply with respect 
     to containers loaded on a vessel in a foreign country on or 
     after the earlier of--
       ``(A) July 1, 2012; or
       ``(B) such other date as may be established by the 
     Secretary under paragraph (3).
       ``(3) Establishment of earlier deadline.--The Secretary 
     shall establish a date under (2)(B) pursuant to the lessons 
     learned through the pilot integrated scanning systems 
     established under section 231.
       ``(4) Extensions.--The Secretary may extend the date 
     specified in paragraph (2)(A) or (2)(B) for 2 years, and may 
     renew the extension in additional 2-year increments, for 
     containers loaded in a port or ports, if the Secretary 
     certifies to Congress that at least two of the following 
     conditions exist:
       ``(A) Systems to scan containers in accordance with 
     paragraph (1) are not available for purchase and 
     installation.
       ``(B) Systems to scan containers in accordance with 
     paragraph (1) do not have a sufficiently low false alarm rate 
     for use in the supply chain.
       ``(C) Systems to scan containers in accordance with 
     paragraph (1) cannot be purchased, deployed, or operated at 
     ports overseas, including, if applicable, because a port does 
     not have the physical characteristics to install such a 
     system.
       ``(D) Systems to scan containers in accordance with 
     paragraph (1) cannot be integrated, as necessary, with 
     existing systems.
       ``(E) Use of systems that are available to scan containers 
     in accordance with paragraph (1) will significantly impact 
     trade capacity and the flow of cargo.
       ``(F) Systems to scan containers in accordance with 
     paragraph (1) do not adequately provide an automated 
     notification of questionable or high-risk cargo as a trigger 
     for further inspection by appropriately trained personnel.
       ``(5) Exemption for military cargo.--Notwithstanding any 
     other provision in the section, supplies bought by the 
     Secretary of Defense and transported in compliance section 
     2631 of title 10, United States Code, and military cargo of 
     foreign countries are exempt from the requirements of this 
     section.
       ``(6) Report on extensions.--An extension under paragraph 
     (4) for a port or ports shall take effect upon the expiration 
     of the 60-day period beginning on the date the Secretary 
     provides a report to Congress that--
       ``(A) states what container traffic will be affected by the 
     extension;
       ``(B) provides supporting evidence to support the 
     Secretary's certification of the basis for the extension; and
       ``(C) explains what measures the Secretary is taking to 
     ensure that scanning can be implemented as early as possible 
     at the port or ports that are the subject of the report.
       ``(7) Report on renewal of extension.--If an extension 
     under paragraph (4) takes effect, the Secretary shall, after 
     one year, submit a report to Congress on whether the 
     Secretary expects to seek to renew the extension.
       ``(8) Scanning technology standards.--In implementing 
     paragraph (1), the Secretary shall--
       ``(A) establish technological and operational standards for 
     systems to scan containers;
       ``(B) ensure that the standards are consistent with the 
     global nuclear detection architecture developed under the 
     Homeland Security Act of 2002; and
       ``(C) coordinate with other Federal agencies that 
     administer scanning or detection programs at foreign ports.
       ``(9) International trade and other obligations.--In 
     carrying out this subsection, the Secretary shall consult 
     with appropriate Federal departments and agencies and private 
     sector stakeholders, and ensure that actions under this 
     section do not violate international trade obligations, and 
     are consistent with the World Customs Organization framework, 
     or other international obligations of the United States.''.
       (b) Deadline for Container Security Standards and 
     Procedures.--Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 
     944(a)(4)) is amended by--
       (1) striking ``(1) Deadline for enforcement.--'' and 
     inserting the following:
       ``(1) Deadline for enforcement.--
       ``(A) Enforcement of rule.--''; and
       (2) adding at the end the following:
       ``(B) Interim requirement.--If the interim final rule 
     described in paragraph (2) is not issued by April 1, 2008, 
     then--
       ``(i) effective not later than October 15, 2008, all 
     containers in transit to the United States shall be required 
     to meet the requirements of International Organization for 
     Standardization Publicly Available Specification 17712 
     standard for sealing containers; and
       ``(ii) the requirements of this subparagraph shall cease to 
     be effective upon the effective date of the interim final 
     rule issued pursuant to this subsection.''.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

     SEC. 1801. FINDINGS.

       The 9/11 Commission has made the following recommendations:
       (1) Strengthen ``counter-proliferation'' efforts.--The 
     United States should work with the international community to 
     develop laws and an international legal regime with universal 
     jurisdiction to enable any state in the world to capture, 
     interdict, and prosecute smugglers of nuclear material.
       (2) Expand the proliferation security initiative.--In 
     carrying out the Proliferation Security Initiative, the 
     United States should--
       (A) use intelligence and planning resources of the North 
     Atlantic Treaty Organization (NATO) alliance;
       (B) make participation open to non-NATO countries; and
       (C) encourage Russia and the People's Republic of China to 
     participate.
       (3) Support the cooperative threat reduction program.--The 
     United States should expand, improve, increase resources for, 
     and otherwise fully support the Cooperative Threat Reduction 
     program.

     SEC. 1802. DEFINITIONS.

       In this title:
       (1) The terms ``prevention of weapons of mass destruction 
     proliferation and terrorism'' and ``prevention of WMD 
     proliferation and terrorism'' include activities under--
       (A) the programs specified in section 1501(b) of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
       (B) the programs for which appropriations are authorized by 
     section 3101(a)(2) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2729);
       (C) programs authorized by section 504 of the Freedom for 
     Russia and Emerging Eurasian Democracies and Open Markets 
     Support Act of 1992 (the FREEDOM Support Act) (22 U.S.C. 
     5854) and programs authorized by section 1412 of the Former 
     Soviet Union Demilitarization Act of 1992 (22 U.S.C. 5902); 
     and
       (D) a program of any agency of the Federal Government 
     having a purpose similar to that of any of the programs 
     identified in subparagraphs (A) through (C), as designated by 
     the United States Coordinator for the Prevention of Weapons 
     of Mass Destruction Proliferation and Terrorism and the head 
     of the agency.
       (2) The terms ``weapons of mass destruction'' and ``WMD'' 
     mean chemical, biological, and nuclear weapons, and chemical, 
     biological, and nuclear materials used in the manufacture of 
     such weapons.
       (3) The term ``items of proliferation concern'' means--
       (A) equipment, materials, or technology listed in--
       (i) the Trigger List of the Guidelines for Nuclear 
     Transfers of the Nuclear Suppliers Group;
       (ii) the Annex of the Guidelines for Transfers of Nuclear-
     Related Dual-Use Equipment, Materials, Software, and Related 
     Technology of the Nuclear Suppliers Group; or
       (iii) any of the Common Control Lists of the Australia 
     Group; and
       (B) any other sensitive items.

 Subtitle A--Repeal and Modification of Limitations on Assistance for 
             Prevention of WMD Proliferation and Terrorism

     SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON 
                   ASSISTANCE FOR PREVENTION OF WEAPONS OF MASS 
                   DESTRUCTION PROLIFERATION AND TERRORISM.

       Consistent with the recommendations of the 9/11 Commission, 
     Congress repeals or modifies the limitations on assistance 
     for prevention of weapons of mass destruction proliferation 
     and terrorism as follows:
       (1) Soviet nuclear threat reduction act of 1991.--
     Subsections (b) and (c) of section 211 of the Soviet Nuclear 
     Threat Reduction Act of 1991 (title II of Public Law 102-228; 
     22 U.S.C. 2551 note) are repealed.
       (2) Cooperative threat reduction act of 1993.--Section 
     1203(d) of the Cooperative Threat Reduction Act of 1993 
     (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is 
     repealed.
       (3) Russian chemical weapons destruction facilities.--
     Section 1305 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is 
     repealed.
       (4) Authority to use cooperative threat reduction funds 
     outside the former soviet union--modification of 
     certification requirement; congressional notice 
     requirement.--Section 1308 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     22 U.S.C. 5963) is amended--
       (A) in subsection (a)--
       (i) by striking ``the President may'' and inserting ``the 
     Secretary of Defense may''; and
       (ii) by striking ``if the President'' and inserting ``if 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State,'';
       (B) in subsection (d)(1)--
       (i) by striking ``The President may not'' and inserting 
     ``The Secretary of Defense may not''; and
       (ii) by striking ``until the President'' and inserting 
     ``until the Secretary of Defense, with the concurrence of the 
     Secretary of State,'';
       (C) in subsection (d)(2)--
       (i) by striking ``Not later than 10 days after'' and 
     inserting ``Not later than 15 days prior to'';

[[Page 20705]]

       (ii) by striking ``the President shall'' and inserting 
     ``the Secretary of Defense shall''; and
       (iii) by striking ``Congress'' and inserting ``the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives and the Committee on 
     Armed Services and the Committee on Foreign Relations of the 
     Senate''; and
       (D) in subsection (d) by adding at the end the following:
       ``(3) In the case of a situation that threatens human life 
     or safety or where a delay would severely undermine the 
     national security of the United States, notification under 
     paragraph (2) shall be made not later than 10 days after 
     obligating funds under the authority in subsection (a) for a 
     project or activity.''.

             Subtitle B--Proliferation Security Initiative

     SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND 
                   AUTHORITIES.

       (a) Sense of Congress.--It is the sense of Congress, 
     consistent with the 9/11 Commission's recommendations, that 
     the President should strive to expand and strengthen the 
     Proliferation Security Initiative (in this subtitle referred 
     to as ``PSI'') announced by the President on May 31, 2003, 
     with a particular emphasis on the following:
       (1) Issuing a presidential directive to the relevant United 
     States Government agencies and departments that directs such 
     agencies and departments to--
       (A) establish clear PSI authorities, responsibilities, and 
     structures;
       (B) include in the budget request for each such agency or 
     department for each fiscal year, a request for funds 
     necessary for United States PSI-related activities; and
       (C) provide other necessary resources to achieve more 
     efficient and effective performance of United States PSI-
     related activities.
       (2) Increasing PSI cooperation with all countries.
       (3) Implementing the recommendations of the Government 
     Accountability Office (GAO) in the September 2006 report 
     titled ``Better Controls Needed to Plan and Manage 
     Proliferation Security Initiative Activities'' (GAO-06-937C) 
     regarding the following:
       (A) The Department of Defense and the Department of State 
     should establish clear PSI roles and responsibilities, 
     policies and procedures, interagency communication 
     mechanisms, documentation requirements, and indicators to 
     measure program results.
       (B) The Department of Defense and the Department of State 
     should develop a strategy to work with PSI-participating 
     countries to resolve issues that are impediments to 
     conducting successful PSI interdictions.
       (4) Establishing a multilateral mechanism to increase 
     coordination, cooperation, and compliance among PSI-
     participating countries.
       (b) Budget Submission.--
       (1) In general.--Each fiscal year in which activities are 
     planned to be carried out under the PSI, the President shall 
     include in the budget request for each participating United 
     States Government agency or department for that fiscal year, 
     a description of the funding and the activities for which the 
     funding is requested for each such agency or department.
       (2) Report.--Not later than the first Monday in February of 
     each year in which the President submits a budget request 
     described in paragraph (1), the Secretary of Defense and the 
     Secretary of State shall submit to Congress a comprehensive 
     joint report setting forth the following:
       (A) A three-year plan, beginning with the fiscal year for 
     the budget request, that specifies the amount of funding and 
     other resources to be provided by the United States for PSI-
     related activities over the term of the plan, including the 
     purposes for which such funding and resources will be used.
       (B) For the report submitted in 2008, a description of the 
     PSI-related activities carried out during the three fiscal 
     years preceding the year of the report, and for the report 
     submitted in 2009 and each year thereafter, a description of 
     the PSI-related activities carried out during the fiscal year 
     preceding the year of the report. The description shall 
     include, for each fiscal year covered by the report--
       (i) the amounts obligated and expended for such activities 
     and the purposes for which such amounts were obligated and 
     expended;
       (ii) a description of the participation of each department 
     or agency of the United States Government in such activities;
       (iii) a description of the participation of each foreign 
     country or entity in such activities;
       (iv) a description of any assistance provided to a foreign 
     country or entity participating in such activities in order 
     to secure such participation, in response to such 
     participation, or in order to improve the quality of such 
     participation; and
       (v) such other information as the Secretary of Defense and 
     the Secretary of State determine should be included to keep 
     Congress fully informed of the operation and activities of 
     the PSI.
       (3) Classification.--The report required by paragraph (2) 
     shall be in an unclassified form but may include a classified 
     annex as necessary.
       (c) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     transmit to the Committee on Armed Services and the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate a report on the implementation of 
     this section. The report shall include--
       (1) the steps taken to implement the recommendations 
     described in paragraph (3) of subsection (a); and
       (2) the progress made toward implementing the matters 
     described in paragraphs (1), (2), and (4) of subsection (a).
       (d) GAO Reports.--The Government Accountability Office 
     shall submit to Congress, for each of fiscal years 2007, 
     2009, and 2011, a report with its assessment of the progress 
     and effectiveness of the PSI, which shall include an 
     assessment of the measures referred to in subsection (a).

     SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE 
                   COUNTRIES.

       (a) In General.--The President is authorized to provide 
     assistance under subsection (b) to any country that 
     cooperates with the United States and with other countries 
     allied with the United States to prevent the transport and 
     transshipment of items of proliferation concern in its 
     national territory or airspace or in vessels under its 
     control or registry.
       (b) Types of Assistance.--The assistance authorized under 
     subsection (a) consists of the following:
       (1) Assistance under section 23 of the Arms Export Control 
     Act (22 U.S.C. 2763).
       (2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) 
     and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign 
     Assistance Act of 1961.
       (3) Drawdown of defense excess defense articles and 
     services under section 516 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321j).
       (c) Congressional Notification.--Assistance authorized 
     under this section may not be provided until at least 30 days 
     after the date on which the President has provided notice 
     thereof to the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives and the Committee on Armed Services, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate, in accordance with the 
     procedures applicable to reprogramming notifications under 
     section 634A(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1(a)), and has certified to such committees that 
     such assistance will be used in accordance with the 
     requirement of subsection (e) of this section.
       (d) Limitation.--Assistance may be provided to a country 
     under section (a) in no more than three fiscal years.
       (e) Use of Assistance.--Assistance provided under this 
     section shall be used to enhance the capability of the 
     recipient country to prevent the transport and transshipment 
     of items of proliferation concern in its national territory 
     or airspace, or in vessels under its control or registry, 
     including through the development of a legal framework in 
     that country to enhance such capability by criminalizing 
     proliferation, enacting strict export controls, and securing 
     sensitive materials within its borders, and to enhance the 
     ability of the recipient country to cooperate in PSI 
     operations.
       (f) Limitation on Ship or Aircraft Transfers.--
       (1) Limitation.--Except as provided in paragraph (2), the 
     President may not transfer any excess defense article that is 
     a vessel or an aircraft to a country that has not agreed, in 
     connection with such transfer, that it will support and 
     assist efforts by the United States, consistent with 
     international law, to interdict items of proliferation 
     concern until thirty days after the date on which the 
     President has provided notice of the proposed transfer to the 
     committees described in subsection (c) in accordance with the 
     procedures applicable to reprogramming notifications under 
     section 634A(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1(a)), in addition to any other requirement of 
     law.
       (2) Exception.--The limitation in paragraph (1) shall not 
     apply to any transfer, not involving significant military 
     equipment, in which the primary use of the aircraft or vessel 
     will be for counternarcotics, counterterrorism, or 
     counterproliferation purposes.

  Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of 
              Mass Destruction Proliferation and Terrorism

     SEC. 1831. STATEMENT OF POLICY.

       It shall be the policy of the United States, consistent 
     with the 9/11 Commission's recommendations, to eliminate any 
     obstacles to timely obligating and executing the full amount 
     of any appropriated funds for threat reduction and 
     nonproliferation programs in order to accelerate and 
     strengthen progress on preventing weapons of mass destruction 
     (WMD) proliferation and terrorism. Such policy shall be 
     implemented with concrete measures, such as those described 
     in this title, including the removal and modification of 
     statutory limits to executing funds, the expansion and 
     strengthening of the Proliferation Security Initiative, the 
     establishment of the Office of the United States Coordinator 
     for the Prevention of Weapons of Mass Destruction 
     Proliferation and Terrorism under subtitle D, and the 
     establishment of the Commission on the Prevention of Weapons 
     of Mass Destruction Proliferation and Terrorism under 
     subtitle E. As a result, Congress intends that any funds 
     authorized to be appropriated to programs for preventing WMD 
     proliferation and terrorism under this subtitle will be 
     executed in a timely manner.

     SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT 
                   OF DEFENSE COOPERATIVE THREAT REDUCTION 
                   PROGRAM.

       (a) Fiscal Year 2008.--
       (1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to the Department of Defense 
     Cooperative Threat Reduction Program such sums as may be 
     necessary for fiscal year 2008 for the following purposes:

[[Page 20706]]

       (A) Chemical weapons destruction at Shchuch'ye, Russia.
       (B) Biological weapons proliferation prevention.
       (C) Acceleration, expansion, and strengthening of 
     Cooperative Threat Reduction Program activities.
       (2) Limitation.--The sums appropriated pursuant to 
     paragraph (1) may not exceed the amounts authorized to be 
     appropriated by any national defense authorization Act for 
     fiscal year 2008 (whether enacted before or after the date of 
     the enactment of this Act) to the Department of Defense 
     Cooperative Threat Reduction Program for such purposes.
       (b) Future Years.--It is the sense of Congress that in 
     fiscal year 2008 and future fiscal years, the President 
     should accelerate and expand funding for Cooperative Threat 
     Reduction programs administered by the Department of Defense 
     and such efforts should include, beginning upon enactment of 
     this Act, encouraging additional commitments by the Russian 
     Federation and other partner nations, as recommended by the 
     9/11 Commission.

     SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT 
                   OF ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS 
                   DESTRUCTION PROLIFERATION AND TERRORISM.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated to Department of Energy 
     National Nuclear Security Administration Defense Nuclear 
     Nonproliferation such sums as may be necessary for fiscal 
     year 2008 to accelerate, expand, and strengthen the following 
     programs to prevent weapons of mass destruction (WMD) 
     proliferation and terrorism:
       (1) The Global Threat Reduction Initiative.
       (2) The Nonproliferation and International Security 
     program.
       (3) The International Materials Protection, Control and 
     Accounting program.
       (4) The Nonproliferation and Verification Research and 
     Development program.
       (b) Limitation.--The sums appropriated pursuant to 
     subsection (a) may not exceed the amounts authorized to be 
     appropriated by any national defense authorization Act for 
     fiscal year 2008 (whether enacted before or after the date of 
     the enactment of this Act) to Department of Energy National 
     Nuclear Security Administration Defense Nuclear 
     Nonproliferation for such purposes.

Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

     SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE 
                   PREVENTION OF WEAPONS OF MASS DESTRUCTION 
                   PROLIFERATION AND TERRORISM.

       (a) Establishment.--There is established within the 
     Executive Office of the President an office to be known as 
     the ``Office of the United States Coordinator for the 
     Prevention of Weapons of Mass Destruction Proliferation and 
     Terrorism'' (in this section referred to as the ``Office'').
       (b) Officers.--
       (1) United states coordinator.--The head of the Office 
     shall be the United States Coordinator for the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism (in 
     this section referred to as the ``Coordinator'').
       (2) Deputy united states coordinator.--There shall be a 
     Deputy United States Coordinator for the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism (in 
     this section referred to as the ``Deputy Coordinator''), who 
     shall--
       (A) assist the Coordinator in carrying out the 
     responsibilities of the Coordinator under this subtitle; and
       (B) serve as Acting Coordinator in the absence of the 
     Coordinator and during any vacancy in the office of 
     Coordinator.
       (3) Appointment.--The Coordinator and Deputy Coordinator 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate, and shall be responsible on a 
     full-time basis for the duties and responsibilities described 
     in this section.
       (4) Limitation.--No person shall serve as Coordinator or 
     Deputy Coordinator while serving in any other position in the 
     Federal Government.
       (5) Access by congress.--The establishment of the Office of 
     the Coordinator within the Executive Office of the President 
     shall not be construed as affecting access by the Congress or 
     committees of either House to--
       (A) information, documents, and studies in the possession 
     of, or conducted by or at the direction of, the Coordinator; 
     or
       (B) personnel of the Office of the Coordinator.
       (c) Duties.--The responsibilities of the Coordinator shall 
     include the following:
       (1) Serving as the principal advisor to the President on 
     all matters relating to the prevention of weapons of mass 
     destruction (WMD) proliferation and terrorism.
       (2) Formulating a comprehensive and well-coordinated United 
     States strategy and policies for preventing WMD proliferation 
     and terrorism, including--
       (A) measurable milestones and targets to which departments 
     and agencies can be held accountable;
       (B) identification of gaps, duplication, and other 
     inefficiencies in existing activities, initiatives, and 
     programs and the steps necessary to overcome these obstacles;
       (C) plans for preserving the nuclear security investment 
     the United States has made in Russia, the former Soviet 
     Union, and other countries;
       (D) prioritized plans to accelerate, strengthen, and expand 
     the scope of existing initiatives and programs, which include 
     identification of vulnerable sites and material and the 
     corresponding actions necessary to eliminate such 
     vulnerabilities;
       (E) new and innovative initiatives and programs to address 
     emerging challenges and strengthen United States 
     capabilities, including programs to attract and retain top 
     scientists and engineers and strengthen the capabilities of 
     United States national laboratories;
       (F) plans to coordinate United States activities, 
     initiatives, and programs relating to the prevention of WMD 
     proliferation and terrorism, including those of the 
     Department of Energy, the Department of Defense, the 
     Department of State, and the Department of Homeland Security, 
     and including the Proliferation Security Initiative, the G-8 
     Global Partnership Against the Spread of Weapons and 
     Materials of Mass Destruction, United Nations Security 
     Council Resolution 1540, and the Global Initiative to Combat 
     Nuclear Terrorism;
       (G) plans to strengthen United States commitments to 
     international regimes and significantly improve cooperation 
     with other countries relating to the prevention of WMD 
     proliferation and terrorism, with particular emphasis on work 
     with the international community to develop laws and an 
     international legal regime with universal jurisdiction to 
     enable any state in the world to interdict and prosecute 
     smugglers of WMD material, as recommended by the 9/11 
     Commission; and
       (H) identification of actions necessary to implement the 
     recommendations of the Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism 
     established under subtitle E of this title.
       (3) Leading inter-agency coordination of United States 
     efforts to implement the strategy and policies described in 
     this section.
       (4) Conducting oversight and evaluation of accelerated and 
     strengthened implementation of initiatives and programs to 
     prevent WMD proliferation and terrorism by relevant 
     government departments and agencies.
       (5) Overseeing the development of a comprehensive and 
     coordinated budget for programs and initiatives to prevent 
     WMD proliferation and terrorism, ensuring that such budget 
     adequately reflects the priority of the challenges and is 
     effectively executed, and carrying out other appropriate 
     budgetary authorities.
       (d) Staff.--The Coordinator may--
       (1) appoint, employ, fix compensation, and terminate such 
     personnel as may be necessary to enable the Coordinator to 
     perform his or her duties under this title;
       (2) direct, with the concurrence of the Secretary of a 
     department or head of an agency, the temporary reassignment 
     within the Federal Government of personnel employed by such 
     department or agency, in order to implement United States 
     policy with regard to the prevention of WMD proliferation and 
     terrorism;
       (3) use for administrative purposes, on a reimbursable 
     basis, the available services, equipment, personnel, and 
     facilities of Federal, State, and local agencies;
       (4) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at rates of 
     compensation for individuals not to exceed the daily 
     equivalent of the rate of pay payable for a position at level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code; and
       (5) use the mails in the same manner as any other 
     department or agency of the executive branch.
       (e) Consultation With Commission.--The Office and the 
     Coordinator shall regularly consult with and strive to 
     implement the recommendations of the Commission on the 
     Prevention of Weapons of Mass Destruction Proliferation and 
     Terrorism, established under subtitle E of this title.
       (f) Annual Report on Strategic Plan.--For fiscal year 2009 
     and each fiscal year thereafter, the Coordinator shall submit 
     to Congress, at the same time as the submission of the budget 
     for that fiscal year under title 31, United States Code, a 
     report on the strategy and policies developed pursuant to 
     subsection (c)(2), together with any recommendations of the 
     Coordinator for legislative changes that the Coordinator 
     considers appropriate with respect to such strategy and 
     policies and their implementation or the Office of the 
     Coordinator.
       (g) Participation in National Security Council and Homeland 
     Security Council.--Section 101 of the National Security Act 
     of 1947 (50 U.S.C. 402) is amended--
       (1) by redesignating the last subsection (added as ``(i)'' 
     by section 301 of Public Law 105-292) as subsection (k); and
       (2) by adding at the end the following:
       ``(l) Participation of Coordinator for the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.--The 
     United States Coordinator for the Prevention of Weapons of 
     Mass Destruction Proliferation and Terrorism (or, in the 
     Coordinator's absence, the Deputy United States Coordinator) 
     may, in the performance of the Coordinator's duty as 
     principal advisor to the President on all matters relating to 
     the prevention of weapons of mass destruction proliferation 
     and terrorism, and, subject to the direction of the 
     President, attend and participate in meetings of the National 
     Security Council and the Homeland Security Council.''.

[[Page 20707]]



     SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA 
                   COOPERATION AND COORDINATION ON THE PREVENTION 
                   OF WEAPONS OF MASS DESTRUCTION PROLIFERATION 
                   AND TERRORISM.

       It is the sense of the Congress that, as soon as practical, 
     the President should engage the President of the Russian 
     Federation in a discussion of the purposes and goals for the 
     establishment of the Office of the United States Coordinator 
     for the Prevention of Weapons of Mass Destruction 
     Proliferation and Terrorism (in this section referred to as 
     the ``Office''), the authorities and responsibilities of the 
     United States Coordinator for the Prevention of Weapons of 
     Mass Destruction Proliferation and Terrorism (in this section 
     referred to as the ``United States Coordinator''), and the 
     importance of strong cooperation between the United States 
     Coordinator and a senior official of the Russian Federation 
     having authorities and responsibilities for preventing 
     weapons of mass destruction proliferation and terrorism 
     commensurate with those of the United States Coordinator, and 
     with whom the United States Coordinator should coordinate 
     planning and implementation of activities within and outside 
     of the Russian Federation having the purpose of preventing 
     weapons of mass destruction proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                      Proliferation and Terrorism

     SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF 
                   WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                   TERRORISM.

       There is established the Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism (in 
     this subtitle referred to as the ``Commission'').

     SEC. 1852. PURPOSES OF COMMISSION.

       (a) In General.--The purposes of the Commission are to--
       (1) assess current activities, initiatives, and programs to 
     prevent weapons of mass destruction proliferation and 
     terrorism; and
       (2) provide a clear and comprehensive strategy and concrete 
     recommendations for such activities, initiatives, and 
     programs.
       (b) In Particular.--The Commission shall give particular 
     attention to activities, initiatives, and programs to secure 
     all nuclear weapons-usable material around the world and to 
     significantly accelerate, expand, and strengthen, on an 
     urgent basis, United States and international efforts to 
     prevent, stop, and counter the spread of nuclear weapons 
     capabilities and related equipment, material, and technology 
     to terrorists and states of concern.

     SEC. 1853. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 9 
     members, of whom--
       (1) 1 member shall be appointed by the leader of the Senate 
     of the Democratic Party (majority or minority leader, as the 
     case may be), with the concurrence of the leader of the House 
     of Representatives of the Democratic party (majority or 
     minority leader as the case may be), who shall serve as 
     chairman of the Commission;
       (2) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic party;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic party; and
       (5) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican party.
       (b) Qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with significant depth of experience 
     in the nonproliferation or arms control fields.
       (c) Deadline for Appointment.--All members of the 
     Commission shall be appointed within 90 days of the date of 
     the enactment of this Act.
       (d) Initial Meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (e) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 1854. RESPONSIBILITIES OF COMMISSION.

       (a) In General.--The Commission shall address--
       (1) the roles, missions, and structure of all relevant 
     government departments, agencies, and other actors, including 
     the Office of the United States Coordinator for the 
     Prevention of Weapons of Mass Destruction Proliferation and 
     Terrorism established under subtitle D of this title;
       (2) inter-agency coordination;
       (3) United States commitments to international regimes and 
     cooperation with other countries; and
       (4) the threat of weapons of mass destruction proliferation 
     and terrorism to the United States and its interests and 
     allies, including the threat posed by black-market networks, 
     and the effectiveness of the responses by the United States 
     and the international community to such threats.
       (b) Follow-on Baker-Cutler Report.--The Commission shall 
     also reassess, and where necessary update and expand on, the 
     conclusions and recommendations of the report titled ``A 
     Report Card on the Department of Energy's Nonproliferation 
     Programs with Russia'' of January 2001 (also known as the 
     ``Baker-Cutler Report'') and implementation of such 
     recommendations.

     SEC. 1855. POWERS OF COMMISSION.

       (a) Hearings and Evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this subtitle, 
     hold such hearings and sit and act at such times and places, 
     take such testimony, receive such evidence, and administer 
     such oaths as the Commission or such designate subcommittee 
     or designated member may determine advisable.
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this subtitle.
       (c) Staff of Commission.--
       (1) Appointment and compensation.--The chairman of the 
     Commission, in accordance with rules agreed upon by the 
     Commission, may appoint and fix the compensation of a staff 
     director and such other personnel as may be necessary to 
     enable the Commission to carry out its functions, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any employees 
     of the Commission shall be employees under section 2105 of 
     title 5, United States Code, for purposes of chapters 63, 81, 
     83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (3) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (4) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       (5) Emphasis on security clearances.--Emphasis shall be 
     made to hire employees and retain contractors and detailees 
     with active security clearances.
       (d) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this subtitle. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (e) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (f) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the report required under 
     section 1857.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. 1857. REPORT.

       Not later than 180 days after the appointment of the 
     Commission, the Commission shall submit to the President and 
     Congress a final report

[[Page 20708]]

     containing such findings, conclusions, and recommendations 
     for corrective measures as have been agreed to by a majority 
     of Commission members.

     SEC. 1858. TERMINATION.

       (a) In General.--The Commission, and all the authorities of 
     this subtitle, shall terminate 60 days after the date on 
     which the final report is submitted under section 1857.
       (b) Administrative Activities Before Termination.--The 
     Commission may use the 60-day period referred to in 
     subsection (a) for the purpose of concluding its activities, 
     including providing testimony to committees of Congress 
     concerning its report and disseminating the final report.

     SEC. 1859. FUNDING.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary for the purposes of the 
     activities of the Commission under this title.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

     SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH 
                   INTERNATIONAL COOPERATION.

       (a) Findings.--Congress finds the following:
       (1) The development and implementation of technology is 
     critical to combating terrorism and other high consequence 
     events and implementing a comprehensive homeland security 
     strategy.
       (2) The United States and its allies in the global war on 
     terrorism share a common interest in facilitating research, 
     development, testing, and evaluation of equipment, 
     capabilities, technologies, and services that will aid in 
     detecting, preventing, responding to, recovering from, and 
     mitigating against acts of terrorism.
       (3) Certain United States allies in the global war on 
     terrorism, including Israel, the United Kingdom, Canada, 
     Australia, and Singapore have extensive experience with, and 
     technological expertise in, homeland security.
       (4) The United States and certain of its allies in the 
     global war on terrorism have a history of successful 
     collaboration in developing mutually beneficial equipment, 
     capabilities, technologies, and services in the areas of 
     defense, agriculture, and telecommunications.
       (5) The United States and its allies in the global war on 
     terrorism will mutually benefit from the sharing of 
     technological expertise to combat domestic and international 
     terrorism.
       (6) The establishment of an office to facilitate and 
     support cooperative endeavors between and among government 
     agencies, for-profit business entities, academic 
     institutions, and nonprofit entities of the United States and 
     its allies will safeguard lives and property worldwide 
     against acts of terrorism and other high consequence events.
       (b) Promoting Antiterrorism Through International 
     Cooperation Act.--
       (1) In general.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding after 
     section 316, as added by section 1101 of this Act, the 
     following:

     ``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL 
                   COOPERATION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director 
     selected under subsection (b)(2).
       ``(2) International cooperative activity.--The term 
     `international cooperative activity' includes--
       ``(A) coordinated research projects, joint research 
     projects, or joint ventures;
       ``(B) joint studies or technical demonstrations;
       ``(C) coordinated field exercises, scientific seminars, 
     conferences, symposia, and workshops;
       ``(D) training of scientists and engineers;
       ``(E) visits and exchanges of scientists, engineers, or 
     other appropriate personnel;
       ``(F) exchanges or sharing of scientific and technological 
     information; and
       ``(G) joint use of laboratory facilities and equipment.
       ``(b) Science and Technology Homeland Security 
     International Cooperative Programs Office.--
       ``(1) Establishment.--The Under Secretary shall establish 
     the Science and Technology Homeland Security International 
     Cooperative Programs Office.
       ``(2) Director.--The Office shall be headed by a Director, 
     who--
       ``(A) shall be selected, in consultation with the Assistant 
     Secretary for International Affairs, by and shall report to 
     the Under Secretary; and
       ``(B) may be an officer of the Department serving in 
     another position.
       ``(3) Responsibilities.--
       ``(A) Development of mechanisms.--The Director shall be 
     responsible for developing, in coordination with the 
     Department of State and, as appropriate, the Department of 
     Defense, the Department of Energy, and other Federal 
     agencies, understandings and agreements to allow and to 
     support international cooperative activity in support of 
     homeland security.
       ``(B) Priorities.--The Director shall be responsible for 
     developing, in coordination with the Office of International 
     Affairs and other Federal agencies, strategic priorities for 
     international cooperative activity for the Department in 
     support of homeland security.
       ``(C) Activities.--The Director shall facilitate the 
     planning, development, and implementation of international 
     cooperative activity to address the strategic priorities 
     developed under subparagraph (B) through mechanisms the Under 
     Secretary considers appropriate, including grants, 
     cooperative agreements, or contracts to or with foreign 
     public or private entities, governmental organizations, 
     businesses (including small businesses and socially and 
     economically disadvantaged small businesses (as those terms 
     are defined in sections 3 and 8 of the Small Business Act (15 
     U.S.C. 632 and 637), respectively)), federally funded 
     research and development centers, and universities.
       ``(D) Identification of partners.--The Director shall 
     facilitate the matching of United States entities engaged in 
     homeland security research with non-United States entities 
     engaged in homeland security research so that they may 
     partner in homeland security research activities.
       ``(4) Coordination.--The Director shall ensure that the 
     activities under this subsection are coordinated with the 
     Office of International Affairs and the Department of State 
     and, as appropriate, the Department of Defense, the 
     Department of Energy, and other relevant Federal agencies or 
     interagency bodies. The Director may enter into joint 
     activities with other Federal agencies.
       ``(c) Matching Funding.--
       ``(1) In general.--
       ``(A) Equitability.--The Director shall ensure that funding 
     and resources expended in international cooperative activity 
     will be equitably matched by the foreign partner government 
     or other entity through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, material, or equipment.
       ``(B) Grant matching and repayment.--
       ``(i) In general.--The Secretary may require a recipient of 
     a grant under this section--

       ``(I) to make a matching contribution of not more than 50 
     percent of the total cost of the proposed project for which 
     the grant is awarded; and
       ``(II) to repay to the Secretary the amount of the grant 
     (or a portion thereof), interest on such amount at an 
     appropriate rate, and such charges for administration of the 
     grant as the Secretary determines appropriate.

       ``(ii) Maximum amount.--The Secretary may not require that 
     repayment under clause (i)(II) be more than 150 percent of 
     the amount of the grant, adjusted for inflation on the basis 
     of the Consumer Price Index.
       ``(2) Foreign partners.--Partners may include Israel, the 
     United Kingdom, Canada, Australia, Singapore, and other 
     allies in the global war on terrorism as determined to be 
     appropriate by the Secretary of Homeland Security and the 
     Secretary of State.
       ``(3) Loans of equipment.--The Director may make or accept 
     loans of equipment for research and development and 
     comparative testing purposes.
       ``(d) Foreign Reimbursements.--If the Science and 
     Technology Homeland Security International Cooperative 
     Programs Office participates in an international cooperative 
     activity with a foreign partner on a cost-sharing basis, any 
     reimbursements or contributions received from that foreign 
     partner to meet its share of the project may be credited to 
     appropriate current appropriations accounts of the 
     Directorate of Science and Technology.
       ``(e) Report to Congress on International Cooperative 
     Activities.--Not later than one year after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Under Secretary, acting through the Director, shall submit to 
     Congress a report containing--
       ``(1) a brief description of each grant, cooperative 
     agreement, or contract made or entered into under subsection 
     (b)(3)(C), including the participants, goals, and amount and 
     sources of funding; and
       ``(2) a list of international cooperative activities 
     underway, including the participants, goals, expected 
     duration, and amount and sources of funding, including 
     resources provided to support the activities in lieu of 
     direct funding.
       ``(f) Animal and Zoonotic Diseases.--As part of the 
     international cooperative activities authorized in this 
     section, the Under Secretary, in coordination with the Chief 
     Medical Officer, the Department of State, and appropriate 
     officials of the Department of Agriculture, the Department of 
     Defense, and the Department of Health and Human Services, may 
     enter into cooperative activities with foreign countries, 
     including African nations, to strengthen American 
     preparedness against foreign animal and zoonotic diseases 
     overseas that could harm the Nation's agricultural and public 
     health sectors if they were to reach the United States.
       ``(g) Construction; Authorities of the Secretary of 
     State.--Nothing in this section shall be construed to alter 
     or affect the following provisions of law:
       ``(1) Title V of the Foreign Relations Authorization Act, 
     Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
       ``(2) Section 112b(c) of title 1, United States Code.
       ``(3) Section 1(e)(2) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
       ``(4) Sections 2 and 27 of the Arms Export Control Act (22 
     U.S.C. 2752 and 22 U.S.C. 2767).
       ``(5) Section 622(c) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2382(c)).
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of

[[Page 20709]]

     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by inserting after the item relating to section 316, 
     as added by section 1101 of this Act, the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
              program.''.

     SEC. 1902. TRANSPARENCY OF FUNDS.

       For each Federal award (as that term is defined in section 
     2 of the Federal Funding Accountability and Transparency Act 
     of 2006 (31 U.S.C. 6101 note)) under this title or an 
     amendment made by this title, the Director of the Office of 
     Management and Budget shall ensure full and timely compliance 
     with the requirements of the Federal Funding Accountability 
     and Transparency Act of 2006 (31 U.S.C. 6101 note).

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``9/11 Commission 
     International Implementation Act of 2007''.

     SEC. 2002. DEFINITION.

       In this title, except as otherwise provided, the term 
     ``appropriate congressional committees''--
       (1) means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) includes, for purposes of subtitle D, the Committees on 
     Armed Services of the House of Representatives and of the 
     Senate.

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

     SEC. 2011. FINDINGS; POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The report of the National Commission on Terrorist 
     Attacks Upon the United States stated that ``[e]ducation that 
     teaches tolerance, the dignity and value of each individual, 
     and respect for different beliefs is a key element in any 
     global strategy to eliminate Islamist terrorism''.
       (2) The report of the National Commission on Terrorist 
     Attacks Upon the United States concluded that ensuring 
     educational opportunity is essential to the efforts of the 
     United States to defeat global terrorism and recommended that 
     the United States Government ``should offer to join with 
     other nations in generously supporting [spending funds] . . . 
     directly for building and operating primary and secondary 
     schools in those Muslim states that commit to sensibly 
     investing their own money in public education''.
       (3) While Congress endorsed such a program in the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), such a program has not been 
     established.
       (b) Policy.--It is the policy of the United States--
       (1) to work toward the goal of dramatically increasing the 
     availability of modern basic education through public schools 
     in predominantly Muslim countries, which will reduce the 
     influence of radical madrassas and other institutions that 
     promote religious extremism;
       (2) to join with other countries in generously supporting 
     the International Muslim Youth Opportunity Fund authorized 
     under section 7114 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004, as amended by section 2012 of this 
     Act, with the goal of building and supporting public primary 
     and secondary schools in predominantly Muslim countries that 
     commit to sensibly investing the resources of such countries 
     in modern public education;
       (3) to offer additional incentives to increase the 
     availability of modern basic education in predominantly 
     Muslim countries; and
       (4) to work to prevent financing of educational 
     institutions that support radical Islamic fundamentalism.

     SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

       Section 7114 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as 
     follows:

     ``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

       ``(a) Purpose.--The purpose of this section is to 
     strengthen the public educational systems in predominantly 
     Muslim countries by--
       ``(1) authorizing the establishment of an International 
     Muslim Youth Educational Fund through which the United States 
     dedicates resources, either through a separate fund or 
     through an international organization, to assist those 
     countries that commit to education reform; and
       ``(2) providing resources for the Fund and to the President 
     to help strengthen the public educational systems in those 
     countries.
       ``(b) Establishment of Fund.--
       ``(1) Authority.--The President is authorized to establish 
     an International Muslim Youth Opportunity Fund and to carry 
     out programs consistent with paragraph (4) under existing 
     authorities, including the Mutual Educational and Cultural 
     Exchange Act of 1961 (commonly referred to as the `Fulbright-
     Hays Act').
       ``(2) Location.--The Fund may be established--
       ``(A) as a separate fund in the Treasury; or
       ``(B) through an international organization or 
     international financial institution, such as the United 
     Nations Educational, Science and Cultural Organization, the 
     United Nations Development Program, or the International Bank 
     for Reconstruction and Development.
       ``(3) Transfers and receipts.--The head of any department, 
     agency, or instrumentality of the United States Government 
     may transfer any amount to the Fund, and the Fund may receive 
     funds from private enterprises, foreign countries, or other 
     entities.
       ``(4) Activities of the fund.--The Fund shall support 
     programs described in this paragraph to improve the education 
     environment in predominantly Muslim countries.
       ``(A) Assistance to enhance modern educational programs.--
       ``(i) The establishment in predominantly Muslim countries 
     of a program of reform to create a modern education 
     curriculum in the public educational systems in such 
     countries.
       ``(ii) The establishment or modernization of educational 
     materials to advance a modern educational curriculum in such 
     systems.
       ``(iii) Teaching English to adults and children.
       ``(iv) The enhancement in predominantly Muslim countries of 
     community, family, and student participation in the 
     formulation and implementation of education strategies and 
     programs in such countries.
       ``(B) Assistance for training and exchange programs for 
     teachers, administrators, and students.--
       ``(i) The establishment of training programs for teachers 
     and educational administrators to enhance skills, including 
     the establishment of regional centers to train individuals 
     who can transfer such skills upon return to their countries.
       ``(ii) The establishment of exchange programs for teachers 
     and administrators in predominantly Muslim countries and with 
     other countries to stimulate additional ideas and reform 
     throughout the world, including teacher training exchange 
     programs focused on primary school teachers in such 
     countries.
       ``(iii) The establishment of exchange programs for primary 
     and secondary students in predominantly Muslim countries and 
     with other countries to foster understanding and tolerance 
     and to stimulate long-standing relationships.
       ``(C) Assistance targeting primary and secondary 
     students.--
       ``(i) The establishment in predominantly Muslim countries 
     of after-school programs, civic education programs, and 
     education programs focusing on life skills, such as inter-
     personal skills and social relations and skills for healthy 
     living, such as nutrition and physical fitness.
       ``(ii) The establishment in predominantly Muslim countries 
     of programs to improve the proficiency of primary and 
     secondary students in information technology skills.
       ``(D) Assistance for development of youth professionals.--
       ``(i) The establishment of programs in predominantly Muslim 
     countries to improve vocational training in trades to help 
     strengthen participation of Muslims and Arabs in the economic 
     development of their countries.
       ``(ii) The establishment of programs in predominantly 
     Muslim countries that target older Muslim youths not in 
     school in such areas as entrepreneurial skills, accounting, 
     micro-finance activities, work training, financial literacy, 
     and information technology.
       ``(E) Other types of assistance.--
       ``(i) The translation of foreign books, newspapers, 
     reference guides, and other reading materials into local 
     languages.
       ``(ii) The construction and equipping of modern community 
     and university libraries.
       ``(5) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the President to carry out this section such sums as may 
     be necessary for fiscal years 2008, 2009, and 2010.
       ``(B) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a) are 
     authorized to remain available until expended.
       ``(C) Additional funds.--Amounts authorized to be 
     appropriated under subsection (a) shall be in addition to 
     amounts otherwise available for such purposes.
       ``(6) Report to congress.--Not later than 180 days after 
     the date of the enactment of this section and annually 
     thereafter until January 30, 2010, the President shall submit 
     to the appropriate congressional committees a report on 
     United States efforts to assist in the improvement of 
     educational opportunities for predominantly Muslim children 
     and youths, including the progress made toward establishing 
     the International Muslim Youth Opportunity Fund.
       ``(7) Appropriate congressional committees defined.--In 
     this subsection, the term `appropriate congressional 
     committees' means the Committee on Foreign Affairs and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.''.

     SEC. 2013. ANNUAL REPORT TO CONGRESS.

       (a) In General.--Not later than June 1 of each year until 
     December 31, 2009, the Secretary of State shall submit to the 
     appropriate congressional committees a report on the efforts 
     of predominantly Muslim countries to increase the 
     availability of modern basic education and to close 
     educational institutions that promote religious extremism and 
     terrorism.
       (b) Contents.--Each report shall include--
       (1) a list of predominantly Muslim countries that are 
     making serious and sustained efforts to improve the 
     availability of modern basic education and to close 
     educational institutions that promote religious extremism and 
     terrorism;
       (2) a list of such countries that are making efforts to 
     improve the availability of modern basic education and to 
     close educational institutions that promote religious 
     extremism and terrorism, but such efforts are not serious and 
     sustained;

[[Page 20710]]

       (3) a list of such countries that are not making efforts to 
     improve the availability of modern basic education and to 
     close educational institutions that promote religious 
     extremism and terrorism; and
       (4) an assessment for each country specified in each of 
     paragraphs (1), (2), and (3) of the role of United States 
     assistance with respect to the efforts made or not made to 
     improve the availability of modern basic education and close 
     educational institutions that promote religious extremism and 
     terrorism.

     SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO 
                   AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY 
                   MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.

       (a) Findings.--Congress finds the following:
       (1) Section 7113 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 
     note) authorized the establishment of a pilot program to 
     provide grants to American-sponsored schools in predominantly 
     Muslim countries so that such schools could provide 
     scholarships to young people from lower-income and middle-
     income families in such countries to attend such schools, 
     where they could improve their English and be exposed to a 
     modern education.
       (2) Since the date of the enactment of that section, the 
     Middle East Partnership Initiative has pursued implementation 
     of that program.
       (b) Extension of Program.--
       (1) In general.--Section 7113 of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 is amended--
       (A) in the section heading by striking 
     ``PILOT''; and
       (B) in subsection (c)--
       (i) in the subsection heading, by striking ``Pilot''; and
       (ii) by striking ``pilot'';
       (C) in subsection (d), by striking ``pilot'' each place it 
     appears;
       (D) in subsection (f) by striking ``pilot'';
       (E) in subsection (g), in the first sentence--
       (i) by inserting ``and April 15, 2008,'' after ``April 15, 
     2006,''; and
       (ii) by striking ``pilot''; and
       (F) in subsection (h)--
       (i) by striking ``2005 and 2006'' and inserting ``2007 and 
     2008''; and
       (ii) by striking ``pilot''.
       (2) Conforming amendment.--Section 1(b) of such Act is 
     amended, in the table of contents, by striking the item 
     relating to section 7113 and inserting after section 7112 the 
     following new item:

``7113. Program to provide grants to American-sponsored schools in 
              predominantly Muslim countries to provide 
              scholarships.''.

Subtitle B--Democracy and Development in the Broader Middle East Region

     SEC. 2021. MIDDLE EAST FOUNDATION.

       (a) Purposes.--The purposes of this section are to support, 
     through the provision of grants, technical assistance, 
     training, and other programs, in the countries of the broader 
     Middle East region, the expansion of--
       (1) civil society;
       (2) opportunities for political participation for all 
     citizens;
       (3) protections for internationally recognized human 
     rights, including the rights of women;
       (4) educational system reforms;
       (5) independent media;
       (6) policies that promote economic opportunities for 
     citizens;
       (7) the rule of law; and
       (8) democratic processes of government.
       (b) Middle East Foundation.--
       (1) Designation.--The Secretary of State is authorized to 
     designate an appropriate private, nonprofit organization that 
     is organized or incorporated under the laws of the United 
     States or of a State as the Middle East Foundation (referred 
     to in this section as the ``Foundation'').
       (2) Funding.--
       (A) Authority.--The Secretary of State is authorized to 
     provide funding to the Foundation through the Middle East 
     Partnership Initiative of the Department of State. 
     Notwithstanding any other provision of law, the Foundation 
     shall use amounts provided under this paragraph to carry out 
     the purposes specified in subsection (a), including through 
     making grants, using such funds as an endowment, and 
     providing other assistance to entities to carry out programs 
     for such purposes.
       (B) Funding from other sources.--In determining the amount 
     of funding to provide to the Foundation, the Secretary of 
     State shall take into consideration the amount of funds that 
     the Foundation has received from sources other than the 
     United States Government.
       (3) Notification to congressional committees.--The 
     Secretary of State shall notify the appropriate congressional 
     committees of the designation of an appropriate organization 
     as the Foundation.
       (c) Grants for Projects.--
       (1) Foundation to make grants.--The Secretary of State 
     shall enter into an agreement with the Foundation that 
     requires the Foundation to use the funds provided under 
     subsection (b)(2) to make grants to persons or entities 
     (other than governments or government entities) located in 
     the broader Middle East region or working with local partners 
     based in the broader Middle East region to carry out projects 
     that support the purposes specified in subsection (a).
       (2) Center for public policy.--Under the agreement 
     described in paragraph (1), the Foundation may make a grant 
     to an institution of higher education located in the broader 
     Middle East region to create a center for public policy for 
     the purpose of permitting scholars and professionals from the 
     countries of the broader Middle East region and from other 
     countries, including the United States, to carry out 
     research, training programs, and other activities to inform 
     public policymaking in the broader Middle East region and to 
     promote broad economic, social, and political reform for the 
     people of the broader Middle East region.
       (3) Applications for grants.--An entity seeking a grant 
     from the Foundation under this section shall submit an 
     application to the head of the Foundation at such time, in 
     such manner, and containing such information as the head of 
     the Foundation may reasonably require.
       (d) Private Character of the Foundation.--Nothing in this 
     section shall be construed to--
       (1) make the Foundation an agency or establishment of the 
     United States Government, or to make the officers or 
     employees of the Foundation officers or employees of the 
     United States for purposes of title 5, United States Code; or
       (2) impose any restriction on the Foundation's acceptance 
     of funds from private and public sources in support of its 
     activities consistent with the purposes specified in 
     subsection (a).
       (e) Limitation on Payments to Foundation Personnel.--No 
     part of the funds provided to the Foundation under this 
     section shall inure to the benefit of any officer or employee 
     of the Foundation, except as salary or reasonable 
     compensation for services.
       (f) Retention of Interest.--The Foundation may hold funds 
     provided under this section in interest-bearing accounts 
     prior to the disbursement of such funds to carry out the 
     purposes specified in subsection (a), and may retain for such 
     purposes any interest earned without returning such interest 
     to the Treasury of the United States. The Foundation may 
     retain and use such funds as an endowment to carry out the 
     purposes specified in subsection (a).
       (g) Financial Accountability.--
       (1) Independent private audits of the foundation.--The 
     accounts of the Foundation shall be audited annually in 
     accordance with generally accepted auditing standards by 
     independent certified public accountants or independent 
     licensed public accountants certified or licensed by a 
     regulatory authority of a State or other political 
     subdivision of the United States. The report of the 
     independent audit shall be included in the annual report 
     required by subsection (h).
       (2) GAO audits.--The financial transactions undertaken 
     pursuant to this section by the Foundation may be audited by 
     the Government Accountability Office in accordance with such 
     principles and procedures and under such rules and 
     regulations as may be prescribed by the Comptroller General 
     of the United States.
       (3) Audits of grant recipients.--
       (A) In general.--A recipient of a grant from the Foundation 
     shall agree to permit an audit of the books and records of 
     such recipient related to the use of the grant funds.
       (B) Recordkeeping.--Such recipient shall maintain 
     appropriate books and records to facilitate an audit referred 
     to in subparagraph (A), including--
       (i) separate accounts with respect to the grant funds;
       (ii) records that fully disclose the use of the grant 
     funds;
       (iii) records describing the total cost of any project 
     carried out using grant funds; and
       (iv) the amount and nature of any funds received from other 
     sources that were combined with the grant funds to carry out 
     a project.
       (h) Annual Reports.--Not later than January 31, 2008, and 
     annually thereafter, the Foundation shall submit to the 
     appropriate congressional committees and make available to 
     the public a report that includes, for the fiscal year prior 
     to the fiscal year in which the report is submitted, a 
     comprehensive and detailed description of--
       (1) the operations and activities of the Foundation that 
     were carried out using funds provided under this section;
       (2) grants made by the Foundation to other entities with 
     funds provided under this section;
       (3) other activities of the Foundation to further the 
     purposes specified in subsection (a); and
       (4) the financial condition of the Foundation.
       (i) Broader Middle East Region Defined.--In this section, 
     the term ``broader Middle East region'' means Afghanistan, 
     Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, 
     Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, 
     Tunisia, United Arab Emirates, West Bank and Gaza, and Yemen.
       (j) Repeal.--Section 534(k) of Public Law 109-102 is 
     repealed.

         Subtitle C--Reaffirming United States Moral Leadership

     SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC 
                   DIPLOMACY.

       (a) Finding.--Congress finds that the report of the 
     National Commission on Terrorist Attacks Upon the United 
     States stated that, ``Recognizing that Arab and Muslim 
     audiences rely on satellite television and radio, the 
     government has begun some promising initiatives in television 
     and radio broadcasting to the Arab world, Iran, and 
     Afghanistan. These efforts are beginning to reach large 
     audiences. The Broadcasting Board of Governors has asked for 
     much larger resources. It should get them.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States needs to improve its communication of 
     information and ideas to people in foreign countries, 
     particularly in countries with significant Muslim 
     populations; and

[[Page 20711]]

       (2) public diplomacy should reaffirm the paramount 
     commitment of the United States to democratic principles, 
     including preserving the civil liberties of all the people of 
     the United States, including Muslim-Americans.
       (c) Special Authority for Surge Capacity.--The United 
     States International Broadcasting Act of 1994 (22 U.S.C. 6201 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

       ``(a) Emergency Authority.--
       ``(1) In general.--Whenever the President determines it to 
     be important to the national interests of the United States 
     and so certifies to the appropriate congressional committees, 
     the President, on such terms and conditions as the President 
     may determine, is authorized to direct any department, 
     agency, or other entity of the United States to furnish the 
     Broadcasting Board of Governors with such assistance outside 
     the United States as may be necessary to provide 
     international broadcasting activities of the United States 
     with a surge capacity to support United States foreign policy 
     objectives during a crisis abroad.
       ``(2) Supersedes existing law.--The authority of paragraph 
     (1) shall supersede any other provision of law.
       ``(3) Surge capacity defined.--In this subsection, the term 
     `surge capacity' means the financial and technical resources 
     necessary to carry out broadcasting activities in a 
     geographical area during a crisis abroad.
       ``(4) Duration.--The President is authorized to exercise 
     the authority provided in subsection (a)(1) for a period of 
     up to six months, which may be renewed for one additional six 
     month period.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the President such sums as may be necessary for the 
     President to carry out this section, except that no such 
     amount may be appropriated which, when added to amounts 
     previously appropriated for such purpose but not yet 
     obligated, would cause such amounts to exceed $25,000,000.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in this subsection are 
     authorized to remain available until expended.
       ``(3) Designation of appropriations.--Amounts appropriated 
     pursuant to the authorization of appropriations in this 
     subsection may be referred to as the `United States 
     International Broadcasting Surge Capacity Fund'.
       ``(c) Report.--The annual report submitted to the President 
     and Congress by the Broadcasting Board of Governors under 
     section 305(a)(9) shall provide a detailed description of any 
     activities carried out under this section.''.

     SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.

       (a) Transcription of Persian and Arabic Language 
     Broadcasts.--Not later than 90 days after the date of the 
     enactment of this Act, the Broadcasting Board of Governors 
     shall initiate a pilot project to transcribe into the English 
     language news and information programming broadcast by Radio 
     Farda, Radio Sawa, the Persian Service of the Voice of 
     America, and Alhurra.
       (b) Random Sampling; Public Availability.--The 
     transcription required under subsection (a) shall consist of 
     a random sampling of such programming. The transcripts shall 
     be available to Congress and the public on the Internet site 
     of the Board.
       (c) Report.--Not later than May 1, 2008, the Chairman of 
     the Broadcasting Board of Governors shall submit to the 
     Committee on Foreign Affairs of the House of Representatives 
     and Committee on Foreign Relations of the Senate a report on 
     the feasibility and utility of continuing the pilot project 
     required under subsection (a).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the ``International Broadcasting 
     Operations'' account of the Broadcasting Board of Governors 
     $2,000,000 for fiscal year 2008 to carry out the pilot 
     project required under subsection (a).

     SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, 
                   AND LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM 
                   COUNTRIES.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act and every 180 days 
     thereafter until December 31, 2009, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on the recommendations of the National Commission on 
     Terrorist Attacks Upon the United States and the policy goals 
     described in section 7112 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) for 
     expanding United States scholarship, exchange, and library 
     programs in predominantly Muslim countries. Such report shall 
     include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     paragraph (1) of such subsection.

     SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.

       (a) Findings.--Congress finds the following:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States (commonly referred to as the ``9/11 
     Commission'') declared that the United States ``should work 
     with friends to develop mutually agreed-on principles for the 
     detention and humane treatment of captured international 
     terrorists who are not being held under a particular 
     country's criminal laws'' and recommended that the United 
     States engage its allies ``to develop a common coalition 
     approach toward the detention and humane treatment of 
     captured terrorists''.
       (2) A number of investigations remain ongoing by countries 
     that are close United States allies in the war on terrorism 
     regarding the conduct of officials, employees, and agents of 
     the United States and of other countries related to conduct 
     regarding detainees.
       (3) The Secretary of State has launched an initiative to 
     try to address the differences between the United States and 
     many of its allies regarding the treatment of detainees.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary, acting through the Legal Adviser of the 
     Department of State, should continue to build on the 
     Secretary's efforts to engage United States allies to develop 
     a common coalition approach, in compliance with Common 
     Article 3 of the Geneva Conventions and other applicable 
     legal principles, toward the detention and humane treatment 
     of individuals detained during Operation Iraqi Freedom, 
     Operation Enduring Freedom, or in connection with United 
     States counterterrorist operations.
       (c) Reporting to Congress.--
       (1) Briefings.--The Secretary of State shall keep the 
     appropriate congressional committees fully and currently 
     informed of the progress of any discussions between the 
     United States and its allies regarding the development of the 
     common coalition approach described in subsection (b).
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Attorney General and the Secretary of 
     Defense, shall submit to the appropriate congressional 
     committees a report on any progress towards developing the 
     common coalition approach described in subsection (b).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) with respect to the House of Representatives, the 
     Committee on Foreign Affairs, the Committee on Armed 
     Services, the Committee on the Judiciary, and the Permanent 
     Select Committee on Intelligence; and
       (2) with respect to the Senate, the Committee on Foreign 
     Relations, the Committee on Armed Services, the Committee on 
     the Judiciary, and the Select Committee on Intelligence.

     Subtitle D--Strategy for the United States Relationship With 
                Afghanistan, Pakistan, and Saudi Arabia

     SEC. 2041. AFGHANISTAN.

       (a) Congressional Findings.--Congress finds the following:
       (1) A democratic, stable, and prosperous Afghanistan is 
     vital to the national security of the United States and to 
     combating international terrorism.
       (2) Following the ouster of the Taliban regime in 2001, the 
     Government of Afghanistan, with assistance from the United 
     States and the international community, has achieved some 
     notable successes, including--
       (A) adopting a constitution;
       (B) holding presidential, parliamentary, and provincial 
     council elections;
       (C) improving the protection of human rights, including 
     women's rights; and
       (D) expanding educational opportunities.
       (3) The following factors pose a serious and immediate 
     threat to the stability of Afghanistan:
       (A) Taliban and anti-government forces, al Qaeda, and 
     criminal networks.
       (B) Drug trafficking and corruption.
       (C) Weak institutions of administration, security, and 
     justice, including pervasive lack of the rule of law.
       (D) Poverty, unemployment, and lack of provision of basic 
     services.
       (4) The United States and the international community must 
     significantly increase political, economic, and military 
     support to Afghanistan to ensure its long-term stability and 
     prosperity, and to deny violent extremist groups such as al 
     Qaeda sanctuary in Afghanistan.
       (b) Statements of Policy.--The following shall be the 
     policies of the United States:
       (1) The United States shall vigorously support the people 
     and Government of Afghanistan as they continue to commit to 
     the path toward a government representing and protecting the 
     rights of all Afghans, and shall maintain its long-term 
     commitment to the people of Afghanistan by increased 
     assistance and the continued deployment of United States 
     troops in Afghanistan as long as the Government of 
     Afghanistan supports such United States involvement.
       (2) In order to reduce the ability of the Taliban and al 
     Qaeda to finance their operations through the opium trade, 
     the President shall engage aggressively with the Government 
     of Afghanistan, countries in the region or otherwise 
     influenced by the trade and transit of narcotics, as well as 
     North Atlantic Treaty Organization (NATO) partners of the 
     United States,

[[Page 20712]]

     and in consultation with Congress, to assess the success of 
     the current Afghan counter-narcotics strategy and to explore 
     additional options for addressing the narcotics crisis in 
     Afghanistan, including possible changes in rules of 
     engagement for NATO and Coalition forces for participation in 
     actions against narcotics trafficking and kingpins, and the 
     provision of comprehensive assistance to farmers who rely on 
     opium for their livelihood, including through the promotion 
     of alternative crops and livelihoods.
       (3) The United States shall continue to work with and 
     provide assistance to the Government of Afghanistan to 
     strengthen local and national government institutions and the 
     rule of law, including the training of judges and 
     prosecutors, and to train and equip the Afghan National 
     Security Forces.
       (4) The United States shall continue to call on NATO 
     members participating in operations in Afghanistan to meet 
     their commitments to provide forces and equipment, and to 
     lift restrictions on how such forces can be deployed.
       (5) The United States shall continue to foster greater 
     understanding and cooperation between the Governments of 
     Afghanistan and Pakistan by taking the following actions:
       (A) Facilitating greater communication, including through 
     official mechanisms such as the Tripartite Commission and the 
     Joint Intelligence Operations Center, and by promoting other 
     forms of exchange between the parliaments and civil society 
     of the two countries.
       (B) Urging the Government of Afghanistan to enter into a 
     political dialogue with Pakistan with respect to all issues 
     relating to the border between the two countries, with the 
     aim of establishing a mutually-recognized and monitored 
     border, open to human and economic exchange, and with both 
     countries fully responsible for border security.
       (c) Statement of Congress.--Congress strongly urges that 
     the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 
     et seq.) be reauthorized and updated to take into account new 
     developments in Afghanistan and in the region so as to 
     demonstrate the continued support by the United States for 
     the people and Government of Afghanistan.
       (d) Emergency Increase in Effective Police Training and 
     Policing Operations.--
       (1) Congressional finding.--Congress finds that police 
     training programs in Afghanistan have achieved far less 
     return on substantial investment to date and require a 
     substantive review and justification of the means and 
     purposes of such assistance, consequent to any provision of 
     additional resources.
       (2) Assistance authorized.--The President shall make 
     increased efforts, on an urgent basis, to--
       (A) dramatically improve the capability and effectiveness 
     of United States and international police trainers, mentors, 
     and police personnel for police training programs in 
     Afghanistan, as well as develop a pretraining screening 
     program;
       (B) increase the numbers of such trainers, mentors, and 
     personnel only if such increase is determined to improve the 
     performance and capabilities of the Afghanistan civil 
     security forces; and
       (C) assist the Government of Afghanistan, in conjunction 
     with the Afghanistan civil security forces and their 
     leadership, in addressing the corruption crisis that is 
     threatening to undermine Afghanistan's future.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and every six months thereafter until 
     September 30, 2010, the President shall transmit to the 
     appropriate congressional committees a report on United 
     States efforts to fulfill the requirements of this 
     subsection. The report required by this paragraph may be 
     transmitted concurrently with any similar report required by 
     the Afghanistan Freedom Support Act of 2002.

     SEC. 2042. PAKISTAN.

       (a) Congressional Findings.--Congress finds the following:
       (1) A democratic, stable, and prosperous Pakistan that is a 
     full and reliable partner in the struggle against the 
     Taliban, al Qaeda, and other terrorist groups, and is a 
     responsible steward of its nuclear weapons and technology, is 
     vital to the national security of the United States.
       (2) Since September 11, 2001, the Government of Pakistan 
     has been a critical ally and an important partner in removing 
     the Taliban regime in Afghanistan and combating al Qaeda.
       (3) Pakistan has made great sacrifices in the shared 
     struggle against al Qaeda-affiliated terrorist groups, 
     engaging in military operations that have led to the deaths 
     of hundreds of Pakistani security personnel and enduring acts 
     of terrorism that have killed hundreds of Pakistani 
     civilians.
       (4) Publicly-stated goals of the Government of Pakistan and 
     the national interests of the United States are in close 
     agreement in many areas, including--
       (A) curbing the proliferation of nuclear weapons 
     technology;
       (B) combating poverty and corruption;
       (C) enabling effective government institutions, including 
     public education;
       (D) promoting democracy and the rule of law, particularly 
     at the national level;
       (E) addressing the continued presence of Taliban and other 
     violent extremist forces throughout the country;
       (F) maintaining the authority of the Government of Pakistan 
     in all parts of its national territory;
       (G) securing the borders of Pakistan to prevent the 
     movement of militants and terrorists into other countries and 
     territories; and
       (H) effectively dealing with violent extremism.
       (5) The opportunity exists for shared effort in helping to 
     achieve correlative goals with the Government of Pakistan, 
     particularly--
       (A) increased United States assistance to Pakistan, as 
     appropriate, to achieve progress in meeting the goals of 
     subparagraphs (A) through (C) of paragraph (4);
       (B) increased commitment on the part of the Government of 
     Pakistan to achieve the goals of paragraph (4)(D), 
     particularly given continued concerns, based on the conduct 
     of previous elections, regarding whether parliamentary 
     elections scheduled for 2007 will be free, fair, and 
     inclusive of all political parties and carried out in full 
     accordance with internationally-recognized democratic norms; 
     and
       (C) increased commitment on the part of the Government of 
     Pakistan to take actions described in paragraph (4)(E), 
     particularly given--
       (i) the continued operation of the Taliban's Quetta shura, 
     as noted by then-North Atlantic Treaty Organization Supreme 
     Allied Commander General James Jones in testimony before the 
     Senate Foreign Relations Committee on September 21, 2006; and
       (ii) the continued operation of al Qaeda affiliates 
     Lashkar-e Taiba and Jaish-e Muhammad, sometimes under 
     different names, as demonstrated by the lack of meaningful 
     action taken against Hafiz Muhammad Saeed, Maulana Masood 
     Azhar, and other known leaders and members of such terrorist 
     organizations; and
       (D) increased commitment on the part of the Government of 
     the United States in regard to working with all elements of 
     Pakistan society in helping to achieve the correlative goals 
     described in subparagraphs (A) through (H) of paragraph (4).
       (b) Statements of Policy.--The following shall be the 
     policy of the United States:
       (1) To maintain and deepen its friendship and long-term 
     strategic relationship with Pakistan.
       (2) To work with the Government of Pakistan to combat 
     international terrorism, especially in the frontier provinces 
     of Pakistan, and to end the use of Pakistan as a safe haven 
     for terrorist groups, including those associated with al 
     Qaeda or the Taliban.
       (3) To support robust funding for programs of the United 
     States Agency for International Development and the 
     Department of State that assist the Government of Pakistan in 
     working toward the goals described in subsection (a)(4), as 
     the Government of Pakistan demonstrates a clear commitment to 
     building a moderate, democratic state.
       (4) To work with the international community to secure 
     additional financial and political support to effectively 
     implement the policies set forth in this subsection.
       (5) To facilitate a just resolution of the dispute over the 
     territory of Kashmir, to the extent that such facilitation is 
     invited and welcomed by the Governments of Pakistan and India 
     and by the people of Kashmir.
       (6) To facilitate greater communication and cooperation 
     between the Governments of Afghanistan and Pakistan for the 
     improvement of bilateral relations and cooperation in 
     combating terrorism in both countries.
       (7) To work with the Government of Pakistan to dismantle 
     existing proliferation networks and prevent the proliferation 
     of nuclear technology.
       (c) Strategy Relating to Pakistan.--
       (1) Requirement for report on strategy.--Not later than 90 
     days after the date of the enactment of this Act, the 
     President shall transmit to the appropriate congressional 
     committees a report that describes the long-term strategy of 
     the United States to engage with the Government of Pakistan 
     to achieve the goals described in subparagraphs (A) through 
     (H) of subsection (a)(4) and to carry out the policies 
     described in subsection (b).
       (2) Form.--The report required by paragraph (1) shall be 
     transmitted in unclassified form, but may include a 
     classified annex, if necessary.
       (d) Limitation on United States Security Assistance to 
     Pakistan.--
       (1) Limitation.--For fiscal year 2008, United States 
     assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 
     of the Arms Export Control Act (22 U.S.C. 2763) may not be 
     provided to, and a license for any item controlled under the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) may not be 
     approved for, Pakistan until the President transmits to the 
     appropriate congressional committees a report that contains a 
     determination of the President that the Government of 
     Pakistan--
       (A) is committed to eliminating from Pakistani territory 
     any organization such as the Taliban, al Qaeda, or any 
     successor, engaged in military, insurgent, or terrorist 
     activities in Afghanistan;
       (B) is undertaking a comprehensive military, legal, 
     economic, and political campaign to achieving the goal 
     described in subparagraph (A); and
       (C) is currently making demonstrated, significant, and 
     sustained progress toward eliminating support or safe haven 
     for terrorists.
       (2) Memorandum of justification.--The President shall 
     include in the report required by paragraph (1) a memorandum 
     of justification setting forth the basis for the President's 
     determination under paragraph (1).
       (3) Form.--The report required by paragraph (1) and the 
     memorandum of justification required by paragraph (2) shall 
     be transmitted in unclassified form, but may include a 
     classified annex, if necessary.
       (e) Nuclear Proliferation.--

[[Page 20713]]

       (1) Congressional finding.--Congress finds that the 
     maintenance by any country of a procurement or supply network 
     for the illicit proliferation of nuclear and missile 
     technologies would be inconsistent with that country being 
     considered an ally of the United States.
       (2) Sense of congress.--It is the sense of Congress that 
     the national security interest of the United States will best 
     be served if the United States develops and implements a 
     long-term strategy to improve the United States relationship 
     with Pakistan and works with the Government of Pakistan to 
     stop nuclear proliferation.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the President such sums as may be necessary to provide 
     assistance described in subsection (d)(1) for Pakistan for 
     fiscal year 2008 in accordance with the requirements of 
     subsection (d)(1).
       (2) Other funds.--Amounts authorized to be appropriated 
     under this subsection are in addition to amounts otherwise 
     available for such purposes.
       (3) Declaration of policy.--Congress declares that the 
     amount of funds appropriated pursuant to the authorization of 
     appropriations under paragraph (1) and for subsequent fiscal 
     years shall be determined by the extent to which the 
     Government of Pakistan displays demonstrable progress in--
       (A) preventing al Qaeda and other terrorist organizations 
     from operating in the territory of Pakistan, including 
     eliminating terrorist training camps or facilities, arresting 
     members and leaders of terrorist organizations, and 
     countering recruitment efforts;
       (B) preventing the Taliban from using the territory of 
     Pakistan as a sanctuary from which to launch attacks within 
     Afghanistan, including by arresting Taliban leaders, stopping 
     cross-border incursions, and countering recruitment efforts; 
     and
       (C) implementing democratic reforms, including allowing 
     free, fair, and inclusive elections at all levels of 
     government in accordance with internationally-recognized 
     democratic norms, and respecting the independence of the 
     press and judiciary.
       (4) Biannual reports to congress.--
       (A) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees a biannual report 
     describing in detail the extent to which the Government of 
     Pakistan has displayed demonstrable progress in meeting the 
     goals described in subparagraphs (A) through (C) of paragraph 
     (3).
       (B) Schedule for submission.--The report required by 
     subparagraph (A) shall be submitted not later than April 15 
     and October 15 of each year until October 15, 2009.
       (C) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form, but may include a classified 
     annex, if necessary.
       (g) Extension of Waivers.--
       (1) Amendments.--The Act entitled ``An Act to authorize the 
     President to exercise waivers of foreign assistance 
     restrictions with respect to Pakistan through September 30, 
     2003, and for other purposes'', approved October 27, 2001 
     (Public Law 107-57; 115 Stat. 403), is amended--
       (A) in section 1(b)--
       (i) in the heading, to read as follows:
       ``(b) Fiscal Years 2007 and 2008--''; and
       (ii) in paragraph (1), by striking ``any provision'' and 
     all that follows through ``that prohibits'' and inserting 
     ``any provision of an Act making appropriations for foreign 
     operations, export financing, and related programs 
     appropriations for fiscal year 2007 or 2008 (or any other 
     appropriations Act) that prohibits'';
       (B) in section 3(2), by striking ``Such provision'' and all 
     that follows through ``as are'' and inserting ``Such 
     provision of an Act making appropriations for foreign 
     operations, export financing, and related programs 
     appropriations for fiscal years 2002 through 2008 (or any 
     other appropriations Act) as are''; and
       (C) in section 6, by striking ``the provisions'' and all 
     that follows and inserting ``the provisions of this Act shall 
     terminate on October 1, 2008.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     take effect on October 1, 2006.
       (3) Sense of congress.--It is the sense of Congress that 
     determinations to provide extensions of waivers of foreign 
     assistance prohibitions with respect to Pakistan pursuant to 
     Public Law 107-57 for fiscal years after the fiscal years 
     specified in the amendments made by paragraph (1) to Public 
     Law 107-57 should be informed by demonstrable progress in 
     achieving the goals described in subparagraphs (A) through 
     (C) of subsection (f)(3).

     SEC. 2043. SAUDI ARABIA.

       (a) Congressional Findings.--Congress finds that:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States concluded that the Kingdom of Saudi Arabia has 
     ``been a problematic ally in combating Islamic extremism. At 
     the level of high policy, Saudi Arabia's leaders cooperated 
     with American diplomatic initiatives aimed at the Taliban or 
     Pakistan before 9/11. At the same time, Saudi Arabia's 
     society was a place where al Qaeda raised money directly from 
     individuals and through charities. It was the society that 
     produced 15 of the 19 hijackers.''.
       (2) Saudi Arabia has an uneven record in the fight against 
     terrorism, especially with respect to terrorist financing, 
     support for radical madrassas, a lack of political outlets 
     for its citizens, and restrictions on religious pluralism, 
     that poses a threat to the security of the United States, the 
     international community, and Saudi Arabia itself.
       (3) The National Commission on Terrorist Attacks Upon the 
     United States concluded that the ``problems in the U.S.-Saudi 
     relationship must be confronted, openly''. It recommended 
     that the two countries build a relationship that includes a 
     ``shared commitment to political and economic reform . . . 
     and a shared interest in greater tolerance and cultural 
     respect, translating into a commitment to fight the violent 
     extremists who foment hatred''.
       (4) The United States has a national security interest in 
     working with the Government of Saudi Arabia to combat 
     international terrorists that operate within that country or 
     that operate outside Saudi Arabia with the support of 
     citizens of Saudi Arabia.
       (5) The United States and Saudi Arabia established a 
     Strategic Dialogue in 2005, which provides a framework for 
     the two countries to discuss a range of bilateral issues at 
     high levels, including counterterrorism policy and political 
     and economic reforms.
       (6) It is in the national security interest of the United 
     States to support the Government of Saudi Arabia in 
     undertaking a number of political and economic reforms, 
     including increasing anti-terrorism operations conducted by 
     law enforcement agencies, providing more political and 
     religious rights to its citizens, increasing the rights of 
     women, engaging in comprehensive educational reform, 
     enhancing monitoring of charitable organizations, and 
     promulgating and enforcing domestic laws and regulation on 
     terrorist financing.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to engage with the Government of Saudi Arabia to openly 
     confront the issue of terrorism, as well as other problematic 
     issues such as the lack of political freedoms;
       (2) to enhance counterterrorism cooperation with the 
     Government of Saudi Arabia; and
       (3) to support the efforts of the Government of Saudi 
     Arabia to make political, economic, and social reforms, 
     including greater religious freedom, throughout the country.
       (c) Progress in Counterterrorism and Other Cooperation.--
       (1) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall transmit to the 
     appropriate congressional committees a report that--
       (A) describes the long-term strategy of the United States--
       (i) to engage with the Government of Saudi Arabia to 
     facilitate political, economic, and social reforms, including 
     greater religious freedom, that will enhance the ability of 
     the Government of Saudi Arabia to combat international 
     terrorism; and
       (ii) to work with the Government of Saudi Arabia to combat 
     terrorism, including through effective measures to prevent 
     and prohibit the financing of terrorists by Saudi 
     institutions and citizens; and
       (B) provides an assessment of the progress made by Saudi 
     Arabia since 2001 on the matters described in subparagraph 
     (A), including--
       (i) whether Saudi Arabia has become a party to the 
     International Convention for the Suppression of the Financing 
     of Terrorism; and
       (ii) the activities and authority of the Saudi 
     Nongovernmental National Commission for Relief and Charity 
     Work Abroad.
       (2) Form.--The report required by paragraph (1) shall be 
     transmitted in unclassified form, but may include a 
     classified annex, if necessary.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Advance Democratic Values, 
     Address Nondemocratic Countries, and Enhance Democracy Act of 
     2007'' or the ``ADVANCE Democracy Act of 2007''.

     SEC. 2102. FINDINGS.

       Congress finds the following:
       (1) The United States Declaration of Independence, the 
     United States Constitution, and the United Nations Universal 
     Declaration of Human Rights declare that all human beings are 
     created equal and possess certain rights and freedoms, 
     including the fundamental right to participate in the 
     political life and government of their respective countries.
       (2) The development of democracy constitutes a long-term 
     challenge that goes through unique phases and paces in 
     individual countries as such countries develop democratic 
     institutions such as a thriving civil society, a free media, 
     and an independent judiciary, and must be led from within 
     such countries, including by nongovernmental and governmental 
     reformers.
       (3) Individuals, nongovernmental organizations, and 
     movements that support democratic principles, practices, and 
     values are under increasing pressure from some governments of 
     nondemocratic countries (as well as, in some cases, from 
     governments of democratic transition countries), including by 
     using administrative and regulatory mechanisms to undermine 
     the activities of such individuals, organizations, and 
     movements.
       (4) Democratic countries have a number of instruments 
     available for supporting democratic reformers who are 
     committed to promoting effective, nonviolent change in 
     nondemocratic countries and who are committed to keeping 
     their countries on the path to democracy.
       (5) United States efforts to promote democracy and protect 
     human rights can be strengthened to improve assistance for 
     such reformers, including through an enhanced role for United 
     States diplomats when properly trained and given the right 
     incentives.

[[Page 20714]]

       (6) The promotion of democracy requires a broad-based 
     effort with cooperation between all democratic countries, 
     including through the Community of Democracies.

     SEC. 2103. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to promote freedom and democracy in foreign countries 
     as a fundamental component of United States foreign policy, 
     along with other key foreign policy goals;
       (2) to affirm fundamental freedoms and internationally 
     recognized human rights in foreign countries, as reflected in 
     the Universal Declaration of Human Rights and the 
     International Covenant on Civil and Political Rights, and to 
     condemn offenses against those freedoms and rights as a 
     fundamental component of United States foreign policy, along 
     with other key foreign policy goals;
       (3) to protect and promote such fundamental freedoms and 
     rights, including the freedoms of association, of expression, 
     of the press, and of religion, and the right to own private 
     property;
       (4) to commit to the long-term challenge of promoting 
     universal democracy by promoting democratic institutions, 
     including institutions that support the rule of law (such as 
     an independent judiciary), an independent and professional 
     media, strong legislatures, a thriving civil society, 
     transparent and professional independent governmental 
     auditing agencies, civilian control of the military, and 
     institutions that promote the rights of minorities and women;
       (5) to use instruments of United States influence to 
     support, promote, and strengthen democratic principles, 
     practices, and values, including the right to free, fair, and 
     open elections, secret balloting, and universal suffrage, 
     including by--
       (A) providing appropriate support to individuals, 
     nongovernmental organizations, and movements located in 
     nondemocratic countries that aspire to live in freedom and 
     establish full democracy in such countries; and
       (B) providing political, economic, and other support to 
     foreign countries and individuals, nongovernmental 
     organizations, and movements that are willingly undertaking a 
     transition to democracy; and
       (6) to strengthen cooperation with other democratic 
     countries in order to better promote and defend shared values 
     and ideals.

     SEC. 2104. DEFINITIONS.

       In this title:
       (1) Annual report on advancing freedom and democracy.--The 
     term ``Annual Report on Advancing Freedom and Democracy'' 
     refers to the annual report submitted to Congress by the 
     Department of State pursuant to section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 22 U.S.C. 2151n note), in which the Department 
     reports on actions taken by the United States Government to 
     encourage respect for human rights and democracy.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
       (3) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of State for Democracy, Human 
     Rights, and Labor.
       (4) Community of democracies and community.--The terms 
     ``Community of Democracies'' and ``Community'' mean the 
     association of democratic countries committed to the global 
     promotion of democratic principles, practices, and values, 
     which held its First Ministerial Conference in Warsaw, 
     Poland, in June 2000.
       (5) Department.--The term ``Department'' means the 
     Department of State.
       (6) Nondemocratic country or democratic transition 
     country.--The term ``nondemocratic country'' or ``democratic 
     transition country'' shall include any country which is not 
     governed by a fully functioning democratic form of 
     government, as determined by the Secretary, taking into 
     account the general consensus regarding the status of civil 
     and political rights in a country by major nongovernmental 
     organizations that conduct assessments of such conditions in 
     countries and whether the country exhibits the following 
     characteristics:
       (A) All citizens of such country have the right to, and are 
     not restricted in practice from, fully and freely 
     participating in the political life of such country.
       (B) The national legislative body of such country and, if 
     directly elected, the head of government of such country, are 
     chosen by free, fair, open, and periodic elections, by 
     universal and equal suffrage, and by secret ballot.
       (C) More than one political party in such country has 
     candidates who seek elected office at the national level and 
     such parties are not restricted in their political activities 
     or their process for selecting such candidates, except for 
     reasonable administrative requirements commonly applied in 
     countries categorized as fully democratic.
       (D) All citizens in such country have a right to, and are 
     not restricted in practice from, fully exercising such 
     fundamental freedoms as the freedom of expression, 
     conscience, and peaceful assembly and association, and such 
     country has a free, independent, and pluralistic media.
       (E) The current government of such country did not come to 
     power in a manner contrary to the rule of law.
       (F) Such country possesses an independent judiciary and the 
     government of such country generally respects the rule of 
     law.
       (G) Such country does not violate other core principles 
     enshrined in the United Nations Charter, the Universal 
     Declaration of Human Rights, the International Covenant on 
     Civil and Political Rights, United Nations Commission on 
     Human Rights Resolution 1499/57 (entitled ``Promotion of the 
     Right to Democracy''), and the United Nations General 
     Assembly Resolution 55/96 (entitled ``Promoting and 
     consolidating democracy'').
       (H) As applicable, whether the country has scored favorably 
     on the political, civil liberties, corruption, and rule of 
     law indicators used to determine eligibility for financial 
     assistance disbursed from the Millennium Challenge Account.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

      Subtitle A--Activities to Enhance the Promotion of Democracy

     SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.

       (a) Democracy Liaison Officers.--
       (1) In general.--The Secretary of State shall establish and 
     staff Democracy Liaison Officer positions. Democracy Liaison 
     Officers shall serve under the supervision of the Assistant 
     Secretary. Democracy Liaison Officers may be assigned to the 
     following posts:
       (A) United States missions to, or liaisons with, regional 
     and multilateral organizations, including the United States 
     missions to the European Union, African Union, Organization 
     of American States, and any other appropriate regional 
     organization, the Organization for Security and Cooperation 
     in Europe, the United Nations and its relevant specialized 
     agencies, and the North Atlantic Treaty Organization.
       (B) Regional public diplomacy centers of the Department of 
     State.
       (C) United States combatant commands.
       (D) Other posts as designated by the Secretary.
       (2) Responsibilities.--Each Democracy Liaison Officer 
     should--
       (A) provide expertise on effective approaches to promote 
     and build democracy;
       (B) assist in formulating and implementing strategies for 
     transitions to democracy; and
       (C) carry out such other responsibilities as the Secretary 
     or the Assistant Secretary may assign.
       (3) New positions.--To the fullest extent practicable, 
     taking into consideration amounts appropriated to carry out 
     this subsection and personnel available for assignment to the 
     positions described in paragraph (1), the Democracy Liaison 
     Officer positions established under subsection (a) shall be 
     new positions that are in addition to existing positions with 
     responsibility for other human rights and democracy related 
     issues and programs, including positions with responsibility 
     for labor issues.
       (4) Relationship to other authorities.--Nothing in this 
     subsection may be construed as altering any authority or 
     responsibility of a chief of mission or other employee of a 
     diplomatic mission of the United States provided under any 
     other provision of law, including any authority or 
     responsibility for the development or implementation of 
     strategies to promote democracy.
       (b) Office Related to Democratic Movements and 
     Transitions.--
       (1) Establishment.--There shall be identified within the 
     Bureau of Democracy, Human Rights, and Labor of the 
     Department at least one office that shall be responsible for 
     working with democratic movements and facilitating the 
     transition to full democracy of nondemocratic countries and 
     democratic transition countries.
       (2) Responsibilities.--The Assistant Secretary shall, 
     including by acting through the office or offices identified 
     pursuant to paragraph (1)--
       (A) provide support for Democratic Liaison Officers 
     established under subsection (a);
       (B) develop relations with, consult with, and provide 
     assistance to nongovernmental organizations, individuals, and 
     movements that are committed to the peaceful promotion of 
     democracy and fundamental rights and freedoms, including 
     fostering relationships with the United States Government and 
     the governments of other democratic countries; and
       (C) assist officers and employees of regional bureaus of 
     the Department to develop strategies and programs to promote 
     peaceful change in nondemocratic countries and democratic 
     transition countries.
       (3) Liaison.--Within the Bureau of Democracy, Human Rights, 
     and Labor, the Assistant Secretary shall identify officers or 
     employees who have expertise in and shall be responsible for 
     working with nongovernmental organizations, individuals, and 
     movements that develop relations with, consult with, and 
     provide assistance to nongovernmental organizations, 
     individuals, and movements in foreign countries that are 
     committed to the peaceful promotion of democracy and 
     fundamental rights and freedoms.
       (c) Actions by Chiefs of Mission.--Each chief of mission in 
     each nondemocratic country or democratic transition country 
     should--
       (1) develop, as part of annual program planning, a strategy 
     to promote democratic principles, practices, and values in 
     each such foreign country and to provide support, as 
     appropriate, to nongovernmental organizations, individuals, 
     and movements in each such country that are committed to 
     democratic principles, practices, and values, such as by--
       (A) consulting and coordinating with and providing support 
     to such nongovernmental organizations, individuals, and 
     movements regarding the promotion of democracy;
       (B) issuing public condemnations of violations of 
     internationally recognized human rights, including violations 
     of religious freedom, and visiting local landmarks and other 
     local sites associated with nonviolent protest in support of 
     democracy and freedom from oppression; and

[[Page 20715]]

       (C) holding periodic meetings with such nongovernmental 
     organizations, individuals, and movements to discuss 
     democracy and political, social, and economic freedoms;
       (2) hold ongoing discussions with the leaders of each such 
     nondemocratic country or democratic transition country 
     regarding progress toward a democratic system of governance 
     and the development of political, social, and economic 
     freedoms and respect for human rights, including freedom of 
     religion or belief, in such country; and
       (3) conduct meetings with civil society, interviews with 
     media that can directly reach citizens of each such country, 
     and discussions with students and young people of each such 
     country regarding progress toward a democratic system of 
     governance and the development of political, social, and 
     economic freedoms in each such country.
       (d) Recruitment.--The Secretary should seek to increase the 
     proportion of members of the Foreign Service who serve in the 
     Bureau of Democracy, Human Rights, and Labor.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section.

     SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.

       (a) Requirement for Program.--The Secretary shall establish 
     a Democracy Fellowship Program to enable officers of the 
     Department to gain an additional perspective on democracy 
     promotion in foreign countries by working on democracy issues 
     in appropriate congressional offices or congressional 
     committees with oversight over the subject matter of this 
     title, including the Committee on Foreign Affairs and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate, and international or 
     nongovernmental organizations involved in democracy 
     promotion.
       (b) Selection and Placement.--The Assistant Secretary shall 
     play a central role in the selection of Democracy Fellows and 
     facilitate their placement in appropriate congressional 
     offices, congressional committees, international 
     organizations, and nongovernmental organizations.

     SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL 
                   HUMANITARIAN LAW.

       (a) In General.--The President, with the assistance of the 
     Secretary, the Under Secretary of State for Democracy and 
     Global Affairs, and the Ambassador-at-Large for War Crimes 
     Issues, shall collect information regarding incidents that 
     may constitute crimes against humanity, genocide, slavery, or 
     other violations of international humanitarian law.
       (b) Accountability.--The President shall consider what 
     actions can be taken to ensure that any government of a 
     country or the leaders or senior officials of such government 
     who are responsible for crimes against humanity, genocide, 
     slavery, or other violations of international humanitarian 
     law identified under subsection (a) are brought to account 
     for such crimes in an appropriately constituted tribunal.

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                               Democracy

     SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.

       (a) Expansion of Country-Specific Strategies to Promote 
     Democracy.--
       (1) Commendation.--Congress commends the Secretary for the 
     ongoing work by the Department to develop country-specific 
     strategies for promoting democracy.
       (2) Expansion.--The Secretary shall expand the development 
     of such strategies to all nondemocratic countries and 
     democratic transition countries.
       (3) Briefings.--The Secretary shall keep the appropriate 
     congressional committees fully and currently informed as such 
     strategies are developed.
       (b) Report Title.--Section 665(c) of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
     U.S.C. 2151n note) is amended, in the first sentence, by 
     inserting ``entitled the Annual Report on Advancing Freedom 
     and Democracy'' before the period at the end.
       (c) Enhanced Report.--The Annual Report on Advancing 
     Freedom and Democracy shall include, as appropriate--
       (1) United States priorities for the promotion of democracy 
     and the protection of human rights for each nondemocratic 
     country and democratic transition country, developed in 
     consultation with relevant parties in such countries; and
       (2) specific actions and activities of chiefs of missions 
     and other United States officials to promote democracy and 
     protect human rights in each such country.
       (d) Schedule of Submission.--Section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 22 U.S.C. 2151n note) is amended, in the second 
     sentence, by striking ``30 days'' and inserting ``90 days''.

     SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.

       (a) In General.--The Secretary shall continue to expand the 
     timely translation of the applicable parts of the Country 
     Reports on Human Rights Practices required under sections 
     116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d) and 2304(b)), the Annual Report on 
     International Religious Freedom required under section 102(b) 
     of the International Religious Freedom Act of 1998 (22 U.S.C. 
     6412(b)), the Trafficking in Persons Report required under 
     section 110(b) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7107(b)), and any separate report on 
     democracy and human rights policy submitted in accordance 
     with section 665(c) of the Foreign Relations Authorization 
     Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n 
     note) into the principal languages of as many countries as 
     possible, with particular emphasis on nondemocratic 
     countries, democratic transition countries, and countries in 
     which extrajudicial killings, torture, or other serious 
     violations of human rights have occurred.
       (b) Report.--
       (1) Requirement.--Not later than April 1, 2008, and 
     annually thereafter through 2010, the Secretary shall submit 
     to the appropriate congressional committees a report 
     describing any translations of the reports specified in 
     subsection (a) for the preceding year, including which of 
     such reports have been translated into which principal 
     languages and the countries in which such translations have 
     been distributed by posting on a relevant website or 
     elsewhere.
       (2) Form.--The report required under paragraph (1) may be 
     included in any separate report on democracy and human rights 
     policy submitted in accordance with section 665(c) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

     SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

       Congress commends the Secretary for creating an Advisory 
     Committee on Democracy Promotion, and it is the sense of 
     Congress that the Committee should play a significant role in 
     the Department's transformational diplomacy by advising the 
     Secretary regarding United States efforts to promote 
     democracy and democratic transition in connection with the 
     formulation and implementation of United States foreign 
     policy and foreign assistance, including reviewing and making 
     recommendations on--
       (1) how to improve the capacity of the Department to 
     promote democracy and human rights; and
       (2) how to improve foreign assistance programs related to 
     the promotion of democracy.

     SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE 
                   OF THE DEPARTMENT OF STATE.

       It is the sense of Congress that in order to facilitate 
     access by individuals, nongovernmental organizations, and 
     movements in foreign countries to documents, streaming video 
     and audio, and other media regarding democratic principles, 
     practices, and values, and the promotion and strengthening of 
     democracy, the Secretary should take additional steps to 
     enhance the Internet site for global democracy and human 
     rights of the Department, which should include, where 
     practicable, the following:
       (1) Narratives and histories, published by the United 
     States Government, of significant democratic movements in 
     foreign countries, particularly regarding successful 
     nonviolent campaigns to promote democracy in non-democratic 
     countries and democratic transition countries.
       (2) Narratives, published by the United States Government, 
     relating to the importance of the establishment of and 
     respect for internationally recognized human rights, 
     democratic principles, practices, and values, and other 
     fundamental freedoms.
       (3) Major human rights reports by the United States 
     Government, including translations of such materials, as 
     appropriate.
       (4) Any other documents, references, or links to 
     appropriate external Internet websites (such as websites of 
     international or nongovernmental organizations), including 
     references or links to training materials, narratives, and 
     histories regarding successful democratic movements.

     Subtitle D--Training in Democracy and Human Rights; Incentives

     SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION 
                   OF HUMAN RIGHTS.

       (a) In General.--The Secretary shall continue to enhance 
     training for members of the Foreign Service and civil service 
     responsible for the promotion of democracy and the protection 
     of human rights. Such training shall include appropriate 
     instruction and training materials regarding:
       (1) International documents and United States policy 
     regarding the promotion of democracy and respect for human 
     rights.
       (2) United States policy regarding the promotion and 
     strengthening of democracy around the world, with particular 
     emphasis on the transition to democracy in nondemocratic 
     countries and democratic transition countries.
       (3) For any member, chief of mission, or deputy chief of 
     mission who is to be assigned to a nondemocratic country or 
     democratic transition country, ways to promote democracy in 
     such country and to assist individuals, nongovernmental 
     organizations, and movements in such country that support 
     democratic principles, practices, and values.
       (4) The protection of internationally recognized human 
     rights (including the protection of religious freedom) and 
     standards related to such rights, provisions of United States 
     law related to such rights, diplomatic tools to promote 
     respect for such rights, and the protection of individuals 
     who have fled their countries due to violations of such 
     rights.
       (b) Consultation.--The Secretary, acting through the 
     Director of the National Foreign Affairs Training Center of 
     the Foreign Service Institute of the Department, shall 
     consult, as appropriate, with nongovernmental organizations 
     involved in the protection and promotion

[[Page 20716]]

     of such rights and the United States Commission on 
     International Religious Freedom with respect to the training 
     required by this subsection.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report containing a 
     description of the current and planned training provided to 
     Foreign Service officers in human rights and democracy 
     promotion, including such training provided to chiefs of 
     mission serving or preparing to serve in nondemocratic 
     countries or democratic transition countries.

     SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY 
                   AWARD.

       It is the sense of Congress that--
       (1) the Secretary should further strengthen the capacity of 
     the Department to carry out results-based democracy promotion 
     efforts through the establishment of an annual award to be 
     known as the ``Outstanding Achievements in Advancing 
     Democracy Award'', or the ``ADVANCE Democracy Award'', that 
     would be awarded to officers or employees of the Department; 
     and
       (2) the Secretary should establish procedures for selecting 
     recipients of such award, including any financial terms 
     associated with such award.

     SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.

       In addition to the awards and other incentives already 
     implemented, the Secretary should increase incentives for 
     members of the Foreign Service and other employees of the 
     Department who take assignments relating to the promotion of 
     democracy and the protection of human rights, including the 
     following:
       (1) Providing performance pay under section 405 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3965) to such members 
     and employees who carry out their assignment in an 
     outstanding manner.
       (2) Considering such an assignment as a basis for promotion 
     into the Senior Foreign Service.
       (3) Providing Foreign Service Awards under section 614 of 
     the Foreign Service Act of 1980 (22 U.S.C. 4013) to such 
     members and employees who provide distinguished or 
     meritorious service in the promotion of democracy or the 
     protection of human rights.

           Subtitle E--Cooperation With Democratic Countries

     SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should cooperate with other democratic 
     countries to--
       (1) promote and protect democratic principles, practices, 
     and values;
       (2) promote and protect shared political, social, and 
     economic freedoms, including the freedoms of association, of 
     expression, of the press, of religion, and to own private 
     property;
       (3) promote and protect respect for the rule of law;
       (4) develop, adopt, and pursue strategies to advance common 
     interests in international organizations and multilateral 
     institutions to which members of cooperating democratic 
     countries belong; and
       (5) provide political, economic, and other necessary 
     support to countries that are undergoing a transition to 
     democracy.
       (b) Community of Democracies.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the Community of Democracies should develop a more 
     formal mechanism for carrying out work between ministerial 
     meetings, such as through the creation of a permanent 
     secretariat with appropriate staff to carry out such work, 
     and should establish a headquarters; and
       (B) nondemocratic countries should not participate in any 
     association or group of democratic countries aimed at working 
     together to promote democracy.
       (2) Detail of personnel.--The Secretary is authorized to 
     detail on a nonreimbursable basis any employee of the 
     Department to any permanent secretariat of the Community of 
     Democracies or to the government of any country that is a 
     member of the Convening Group of the Community of 
     Democracies.
       (c) Establishment of an Office for Multilateral Democracy 
     Promotion.--The Secretary should establish an office of 
     multilateral democracy promotion with the mission to further 
     develop and strengthen the institutional structure of the 
     Community of Democracies, develop interministerial projects, 
     enhance the United Nations Democracy Caucus, manage policy 
     development of the United Nations Democracy Fund, and enhance 
     coordination with other regional and multilateral bodies with 
     jurisdiction over democracy issues.
       (d) International Center for Democratic Transition.--
       (1) Sense of congress.--It is the sense of Congress that 
     the International Center for Democratic Transition, an 
     initiative of the Government of Hungary, serves to promote 
     practical projects and the sharing of best practices in the 
     area of democracy promotion and should be supported by, in 
     particular, the United States, other European countries with 
     experiences in democratic transitions, and private 
     individuals.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $1,000,000 for each of fiscal years 2008, 
     2009, and 2010 to the Secretary for a grant to the 
     International Center for Democratic Transition. Amounts 
     appropriated under this paragraph are authorized to remain 
     available until expended.

             Subtitle F--Funding for Promotion of Democracy

     SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should work with other countries to enhance 
     the goals and work of the United Nations Democracy Fund, an 
     essential tool to promote democracy, and in particular 
     support civil society in foreign countries in their efforts 
     to help consolidate democracy and bring about 
     transformational change.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $14,000,000 for each of fiscal years 2008 
     and 2009 to the Secretary for a United States contribution to 
     the United Nations Democracy Fund.

     SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.

       (a) Sense of Congress Regarding Use of Instruments of 
     Democracy Promotion.--It is the sense of Congress that--
       (1) United States support for democracy is strengthened by 
     using a variety of different instrumentalities, such as the 
     National Endowment for Democracy, the United States Agency 
     for International Development, and the Department; and
       (2) the purpose of the Department's Human Rights and 
     Democracy Fund should be to support innovative programming, 
     media, and materials designed to uphold democratic 
     principles, practices, and values, support and strengthen 
     democratic institutions, promote human rights and the rule of 
     law, and build civil societies in countries around the world.
       (b) Sense of Congress Regarding Mechanisms for Delivering 
     Assistance.--
       (1) Findings.--Congress finds the following:
       (A) Democracy assistance has many different forms, 
     including assistance to promote the rule of law, build the 
     capacity of civil society, political parties, and 
     legislatures, improve the independence of the media and the 
     judiciary, enhance independent auditing functions, and 
     advance security sector reform.
       (B) There is a need for greater clarity on the coordination 
     and delivery mechanisms for United States democracy 
     assistance.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary and the Administrator of the United States 
     Agency for International Development should develop 
     guidelines, in consultation with the appropriate 
     congressional committees, building on the existing framework 
     for grants, cooperative agreements, contracts, and other 
     acquisition mechanisms to guide United States missions in 
     foreign countries in coordinating United States democracy 
     assistance and selecting the appropriate combination of such 
     mechanisms for such assistance.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

     SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.

       (a) In General.--Section 3006 of Public Law 109-171 (47 
     U.S.C. 309 note) is amended--
       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) may take such administrative action as is necessary 
     to establish and implement--
       ``(A) a grant program to assist public safety agencies in 
     the planning and coordination associated with, the 
     acquisition of, deployment of, or training for the use of 
     interoperable communications equipment, software and systems 
     that--
       ``(i) utilize reallocated public safety spectrum for radio 
     communication;
       ``(ii) enable interoperability with communications systems 
     that can utilize reallocated public safety spectrum for radio 
     communication; or
       ``(iii) otherwise improve or advance the interoperability 
     of public safety communications systems that utilize other 
     public safety spectrum bands; and
       ``(B) are used to establish and implement a strategic 
     technology reserve to pre-position or secure interoperable 
     communications in advance for immediate deployment in an 
     emergency or major disaster;
       ``(2) shall make payments of not to exceed $1,000,000,000, 
     in the aggregate, through fiscal year 2010 from the Digital 
     Television Transition and Public Safety Fund established 
     under section 309(j)(8)(E) of the Communications Act of 1934 
     (47 U.S.C. 309(j)(8)(E)) to carry out the grant program 
     established under paragraph (1), of which at least 
     $75,000,000, in the aggregate, shall be used for purposes 
     described in paragraph (1)(B); and
       ``(3) shall permit any funds allocated for use under 
     paragraph (1)(B) to be used for purposes identified under 
     paragraph (1)(A), if the public safety agency demonstrates 
     that it has already implemented such a strategic technology 
     reserve or demonstrates higher priority public safety 
     communications needs.'';
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (h), (i), and (j), respectively, and inserting 
     after subsection (a) the following:
       ``(b) Eligibility.--To be eligible for assistance under the 
     grant program established under subsection (a)(1)(A), an 
     applicant shall submit an application, at such time, in such 
     form, and containing such information as the Assistant 
     Secretary may require, including a detailed explanation of 
     how assistance received under the program would be used to 
     improve communications interoperability and ensure 
     interoperability with other public safety agencies in an 
     emergency or a major disaster.
       ``(c) Criteria for Strategic Technology Reserves.--
       ``(1) In general.--In evaluating permitted uses under 
     subsection (a)(1)(B), the Assistant Secretary shall consider 
     the continuing technological evolution of communications 
     technologies and devices, with its implicit risk of 
     obsolescence, and shall ensure, to the maximum

[[Page 20717]]

     extent feasible, that a substantial part of the reserve 
     involves prenegotiated contracts and other arrangements for 
     rapid deployment of equipment, supplies, and systems (and 
     communications service related to such equipment, supplies, 
     and systems), rather than the warehousing or storage of 
     equipment and supplies currently available at the time the 
     reserve is established.
       ``(2) Requirements and characteristics.--Funds provided to 
     meet uses described in paragraph (1) shall be used in support 
     of reserves that--
       ``(A) are capable of re-establishing communications when 
     existing critical infrastructure is damaged or destroyed in 
     an emergency or a major disaster;
       ``(B) include appropriate current, widely-used equipment, 
     such as Land Mobile Radio Systems, cellular telephones and 
     satellite- enabled equipment (and related communications 
     service), Cells-On-Wheels, Cells-On-Light-Trucks, or other 
     self-contained mobile cell sites that can be towed, backup 
     batteries, generators, fuel, and computers;
       ``(C) include equipment on hand for the Governor of each 
     State, key emergency response officials, and appropriate 
     State or local personnel;
       ``(D) include contracts (including prenegotiated contracts) 
     for rapid delivery of the most current technology available 
     from commercial sources; and
       ``(E) include arrangements for training to ensure that 
     personnel are familiar with the operation of the equipment 
     and devices to be delivered pursuant to such contracts.
       ``(3) Additional characteristics.--Portions of the reserve 
     may be virtual and may include items donated on an in-kind 
     contribution basis.
       ``(4) Allocation of funds.--In evaluating permitted uses 
     under section (a)(1)(B), the Assistant Secretary shall take 
     into account barriers to immediate deployment, including time 
     and distance, that may slow the rapid deployment of 
     equipment, supplies, and systems (and communications service 
     related to such equipment, supplies, and systems) in the 
     event of an emergency in any State.
       ``(d) Voluntary Consensus Standards.--In carrying out this 
     section, the Assistant Secretary, in cooperation with the 
     Secretary of Homeland Security, shall identify and, if 
     necessary, encourage the development and implementation of, 
     voluntary consensus standards for interoperable 
     communications systems to the greatest extent practicable, 
     but shall not require any such standard.
       ``(e) Inspector General Report and Audits.--
       ``(1) Report.--Beginning with the first fiscal year 
     beginning after the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     Inspector General of the Department of Commerce shall conduct 
     an annual assessment of the management of the grant program 
     implemented under subsection (a)(1) and transmit a report 
     containing the findings of that assessment and any 
     recommendations related thereto to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce.
       ``(2) Audits.--Beginning with the first fiscal year 
     beginning after the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the 
     Inspector General of the Department of Commerce shall conduct 
     financial audits of entities receiving grants from the 
     program implemented under subsection (a)(1), and shall ensure 
     that, over the course of 4 years, such audits cover 
     recipients in a representative sample of not fewer than 25 
     States or territories. The results of any such audits shall 
     be made publicly available via web site, subject to redaction 
     as the Inspector General determines necessary to protect 
     classified and other sensitive information.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed or interpreted to preclude the use of funds 
     under this section by any public safety agency for interim or 
     long-term Internet Protocol-based interoperable solutions.''; 
     and
       (3) by striking paragraph (3) of subsection (j), as so 
     redesignated.
       (b) FCC Vulnerability Assessment and Report on Emergency 
     Communications Back-up System.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall conduct a vulnerability assessment of the Nation's 
     critical communications and information systems 
     infrastructure and shall evaluate the technical feasibility 
     of creating a back-up emergency communications system that 
     complements existing communications resources and takes into 
     account next generation and advanced communications 
     technologies. The overriding objective for the evaluation 
     shall be providing a framework for the development of a 
     resilient interoperable communications system for emergency 
     responders in an emergency. The Commission shall consult with 
     the National Communications System and shall evaluate all 
     reasonable options, including satellites, wireless, and 
     terrestrial-based communications systems and other 
     alternative transport mechanisms that can be used in tandem 
     with existing technologies.
       (2) Factors to be evaluated.--The evaluation under 
     paragraph (1) shall include--
       (A) a survey of all Federal agencies that use terrestrial 
     or satellite technology for communications security and an 
     evaluation of the feasibility of using existing systems for 
     the purpose of creating such an emergency back-up public 
     safety communications system;
       (B) the feasibility of using private satellite, wireless, 
     or terrestrial networks for emergency communications;
       (C) the technical options, cost, and deployment methods of 
     software, equipment, handsets or desktop communications 
     devices for public safety entities in major urban areas, and 
     nationwide; and
       (D) the feasibility and cost of necessary changes to the 
     network operations center of terrestrial-based or satellite 
     systems to enable the centers to serve as emergency back-up 
     communications systems.
       (3) Report.--
       (A) In general.--Upon the completion of the evaluation 
     under subsection (a), the Commission shall submit a report to 
     Congress that details the findings of the evaluation, 
     including a full inventory of existing public and private 
     resources most efficiently capable of providing emergency 
     communications.
       (B) Classified index.--The report on critical 
     infrastructure under this subsection may contain a classified 
     annex.
       (C) Retention of classification.--The classification of 
     information required to be provided to Congress or any other 
     department or agency under this section by the Federal 
     Communications Commission, including the assignment of a 
     level of classification of such information, shall be binding 
     on Congress and any other department or agency.
       (c) Joint Advisory Committee on Communications Capabilities 
     of Emergency Medical and Public Health Care Facilities.--
       (1) Establishment.--The Assistant Secretary of Commerce for 
     Communications and Information and the Chairman of Federal 
     Communications Commission, in consultation with the Secretary 
     of Homeland Security and the Secretary of Health and Human 
     Services, shall establish a joint advisory committee to 
     examine the communications capabilities and needs of 
     emergency medical and public health care facilities. The 
     joint advisory committee shall be composed of individuals 
     with expertise in communications technologies and emergency 
     medical and public health care, including representatives of 
     Federal, State and local governments, industry and non-profit 
     health organizations, and academia and educational 
     institutions.
       (2) Duties.--The joint advisory committee shall--
       (A) assess specific communications capabilities and needs 
     of emergency medical and public health care facilities, 
     including the including improvement of basic voice, data, and 
     broadband capabilities;
       (B) assess options to accommodate growth of basic and 
     emerging communications services used by emergency medical 
     and public health care facilities;
       (C) assess options to improve integration of communications 
     systems used by emergency medical and public health care 
     facilities with existing or future emergency communications 
     networks; and
       (D) report its findings to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce, within 6 
     months after the date of enactment of this Act.
       (d) Authorization of Emergency Medical and Public Health 
     Communications Pilot Projects.--
       (1) In general.--The Assistant Secretary of Commerce for 
     Communications and Information may establish not more than 10 
     geographically dispersed project grants to emergency medical 
     and public health care facilities to improve the capabilities 
     of emergency communications systems in emergency medical care 
     facilities.
       (2) Maximum amount.--The Assistant Secretary may not 
     provide more than $2,000,000 in Federal assistance under the 
     pilot program to any applicant.
       (3) Cost sharing.--The Assistant Secretary may not provide 
     more than 20 percent of the cost, incurred during the period 
     of the grant, of any project under the pilot program.
       (4) Maximum period of grants.--The Assistant Secretary may 
     not fund any applicant under the pilot program for more than 
     3 years.
       (5) Deployment and distribution.--The Assistant Secretary 
     shall seek to the maximum extent practicable to ensure a 
     broad geographic distribution of project sites.
       (6) Transfer of information and knowledge.--The Assistant 
     Secretary shall establish mechanisms to ensure that the 
     information and knowledge gained by participants in the pilot 
     program are transferred among the pilot program participants 
     and to other interested parties, including other applicants 
     that submitted applications.

     SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.

        The Federal departments and agencies (including 
     independent agencies) identified under the provisions of this 
     title and title III of this Act and title VI of Public Law 
     109-295 shall carry out their respective duties and 
     responsibilities in a manner that does not impede the 
     implementation of requirements specified under this title and 
     title III of this Act and title VI of Public Law 109-295. 
     Notwithstanding the obligations under section 1806 of Public 
     Law 109-295, the provisions of this title and title III of 
     this Act and title VI of Public Law 109-295 shall not 
     preclude or obstruct any such department or agency from 
     exercising its other authorities related to emergency 
     communications matters.

     SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Federal

[[Page 20718]]

     Communications Commission, in consultation with the 
     Department of Homeland Security's Office of Emergency 
     Communications, the Office of Management of Budget, and the 
     Department of State shall report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce on--
       (1) the status of the mechanism established by the 
     President under section 7303(c) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for 
     coordinating cross border interoperability issues between--
       (A) the United States and Canada; and
       (B) the United States and Mexico;
       (2) the status of treaty negotiations with Canada and 
     Mexico regarding the coordination of the re-banding of 800 
     megahertz radios, as required under the final rule of the 
     Federal Communication Commission in the ``Private Land Mobile 
     Services; 800 MHz Public Safety Interface Proceeding'' (WT 
     Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, 
     RM-9498; RM-10024; FCC 04-168,) including the status of any 
     outstanding issues in the negotiations between--
       (A) the United States and Canada; and
       (B) the United States and Mexico;
       (3) communications between the Commission and the 
     Department of State over possible amendments to the bilateral 
     legal agreements and protocols that govern the coordination 
     process for license applications seeking to use channels and 
     frequencies above Line A;
       (4) the annual rejection rate for the last 5 years by the 
     United States of applications for new channels and 
     frequencies by Canadian private and public entities; and
       (5) any additional procedures and mechanisms that can be 
     taken by the Commission to decrease the rejection rate for 
     applications by United States private and public entities 
     seeking licenses to use channels and frequencies above Line 
     A.
       (b) Updated Reports To Be Filed on the Status of Treaty of 
     Negotiations.--The Federal Communications Commission, in 
     conjunction with the Department of Homeland Security, the 
     Office of Management of Budget, and the Department of State 
     shall continually provide updated reports to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives on the status of treaty negotiations under 
     subsection (a)(2) until the appropriate United States treaty 
     has been revised with each of--
       (1) Canada; and
       (2) Mexico.
       (c) International Negotiations To Remedy Situation.--Not 
     later than 90 days after the date of enactment of this Act, 
     the Secretary of the Department of State shall report to 
     Congress on--
       (1) the current process for considering applications by 
     Canada for frequencies and channels by United States 
     communities above Line A;
       (2) the status of current negotiations to reform and revise 
     such process;
       (3) the estimated date of conclusion for such negotiations;
       (4) whether the current process allows for automatic 
     denials or dismissals of initial applications by the 
     Government of Canada, and whether such denials or dismissals 
     are currently occurring; and
       (5) communications between the Department of State and the 
     Federal Communications Commission pursuant to subsection 
     (a)(3).

     SEC. 2204. EXTENSION OF SHORT QUORUM.

        Notwithstanding section 4(d) of the Consumer Product 
     Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer 
     Product Safety Commission, if they are not affiliated with 
     the same political party, shall constitute a quorum for the 
     6-month period beginning on the date of enactment of this 
     Act.

     SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 
                   COMMITTEES.

        In addition to the committees specifically enumerated to 
     receive reports under this title, any report transmitted 
     under the provisions of this title shall also be transmitted 
     to the appropriate congressional committees (as defined in 
     section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     101(2))).

          TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

     SEC. 2301. SHORT TITLE.

       This title may be cited as the ``Improving Emergency 
     Communications Act of 2007''.

     SEC. 2302. FUNDING FOR PROGRAM.

       Section 3011 of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 
     note) is amended--
       (1) by striking ``The'' and inserting:
       ``(a) In General.--The''; and
       (2) by adding at the end the following:
       ``(b) Credit.--The Assistant Secretary may borrow from the 
     Treasury, upon enactment of the 911 Modernization Act, such 
     sums as necessary, but not to exceed $43,500,000, to 
     implement this section. The Assistant Secretary shall 
     reimburse the Treasury, without interest, as funds are 
     deposited into the Digital Television Transition and Public 
     Safety Fund.''.

     SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.

       Section 158(b)(4) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     942(b)(4)) is amended by adding at the end thereof the 
     following: ``Within 180 days after the date of enactment of 
     the 911 Modernization Act, the Assistant Secretary and the 
     Administrator shall jointly issue regulations updating the 
     criteria to allow a portion of the funds to be used to give 
     priority to grants that are requested by public safety 
     answering points that were not capable of receiving 911 calls 
     as of the date of enactment of that Act, for the incremental 
     cost of upgrading from Phase I to Phase II compliance. Such 
     grants shall be subject to all other requirements of this 
     section.''.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

     SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.

       (a) Review Required.--Title VII of the Homeland Security 
     Act of 2002 is amended by adding at the end the following:

     ``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

       ``(a) Requirement.--
       ``(1) Quadrennial reviews required.--In fiscal year 2009, 
     and every 4 years thereafter, the Secretary shall conduct a 
     review of the homeland security of the Nation (in this 
     section referred to as a `quadrennial homeland security 
     review').
       ``(2) Scope of reviews.--Each quadrennial homeland security 
     review shall be a comprehensive examination of the homeland 
     security strategy of the Nation, including recommendations 
     regarding the long-term strategy and priorities of the Nation 
     for homeland security and guidance on the programs, assets, 
     capabilities, budget, policies, and authorities of the 
     Department.
       ``(3) Consultation.--The Secretary shall conduct each 
     quadrennial homeland security review under this subsection in 
     consultation with--
       ``(A) the heads of other Federal agencies, including the 
     Attorney General, the Secretary of State, the Secretary of 
     Defense, the Secretary of Health and Human Services, the 
     Secretary of the Treasury, the Secretary of Agriculture, and 
     the Director of National Intelligence;
       ``(B) key officials of the Department; and
       ``(C) other relevant governmental and nongovernmental 
     entities, including State, local, and tribal government 
     officials, members of Congress, private sector 
     representatives, academics, and other policy experts.
       ``(4) Relationship with future years homeland security 
     program.--The Secretary shall ensure that each review 
     conducted under this section is coordinated with the Future 
     Years Homeland Security Program required under section 874.
       ``(b) Contents of Review.--In each quadrennial homeland 
     security review, the Secretary shall--
       ``(1) delineate and update, as appropriate, the national 
     homeland security strategy, consistent with appropriate 
     national and Department strategies, strategic plans, and 
     Homeland Security Presidential Directives, including the 
     National Strategy for Homeland Security, the National 
     Response Plan, and the Department Security Strategic Plan;
       ``(2) outline and prioritize the full range of the critical 
     homeland security mission areas of the Nation;
       ``(3) describe the interagency cooperation, preparedness of 
     Federal response assets, infrastructure, budget plan, and 
     other elements of the homeland security program and policies 
     of the Nation associated with the national homeland security 
     strategy, required to execute successfully the full range of 
     missions called for in the national homeland security 
     strategy described in paragraph (1) and the homeland security 
     mission areas outlined under paragraph (2);
       ``(4) identify the budget plan required to provide 
     sufficient resources to successfully execute the full range 
     of missions called for in the national homeland security 
     strategy described in paragraph (1) and the homeland security 
     mission areas outlined under paragraph (2);
       ``(5) include an assessment of the organizational alignment 
     of the Department with the national homeland security 
     strategy referred to in paragraph (1) and the homeland 
     security mission areas outlined under paragraph (2); and
       ``(6) review and assess the effectiveness of the mechanisms 
     of the Department for executing the process of turning the 
     requirements developed in the quadrennial homeland security 
     review into an acquisition strategy and expenditure plan 
     within the Department.
       ``(c) Reporting.--
       ``(1) In general.--Not later than December 31 of the year 
     in which a quadrennial homeland security review is conducted, 
     the Secretary shall submit to Congress a report regarding 
     that quadrennial homeland security review.
       ``(2) Contents of report.--Each report submitted under 
     paragraph (1) shall include--
       ``(A) the results of the quadrennial homeland security 
     review;
       ``(B) a description of the threats to the assumed or 
     defined national homeland security interests of the Nation 
     that were examined for the purposes of that review;
       ``(C) the national homeland security strategy, including a 
     prioritized list of the critical homeland security missions 
     of the Nation;
       ``(D) a description of the interagency cooperation, 
     preparedness of Federal response assets, infrastructure, 
     budget plan, and other elements of the homeland security 
     program and policies of the Nation associated with the 
     national homeland security strategy, required to execute 
     successfully the full range of missions called for in the 
     applicable national homeland security strategy referred to in 
     subsection (b)(1) and the homeland security mission areas 
     outlined under subsection (b)(2);
       ``(E) an assessment of the organizational alignment of the 
     Department with the applicable national homeland security 
     strategy referred

[[Page 20719]]

     to in subsection (b)(1) and the homeland security mission 
     areas outlined under subsection (b)(2), including the 
     Department's organizational structure, management systems, 
     budget and accounting systems, human resources systems, 
     procurement systems, and physical and technical 
     infrastructure;
       ``(F) a discussion of the status of cooperation among 
     Federal agencies in the effort to promote national homeland 
     security;
       ``(G) a discussion of the status of cooperation between the 
     Federal Government and State, local, and tribal governments 
     in preventing terrorist attacks and preparing for emergency 
     response to threats to national homeland security;
       ``(H) an explanation of any underlying assumptions used in 
     conducting the review; and
       ``(I) any other matter the Secretary considers appropriate.
       ``(3) Public availability.--The Secretary shall, consistent 
     with the protection of national security and other sensitive 
     matters, make each report submitted under paragraph (1) 
     publicly available on the Internet website of the Department.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.''.
       (b) Preparation for Quadrennial Homeland Security Review.--
       (1) In general.--During fiscal years 2007 and 2008, the 
     Secretary of Homeland Security shall make preparations to 
     conduct the first quadrennial homeland security review under 
     section 707 of the Homeland Security Act of 2002, as added by 
     subsection (a), in fiscal year 2009, including--
       (A) determining the tasks to be performed;
       (B) estimating the human, financial, and other resources 
     required to perform each task;
       (C) establishing the schedule for the execution of all 
     project tasks;
       (D) ensuring that these resources will be available as 
     needed; and
       (E) all other preparations considered necessary by the 
     Secretary.
       (2) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and make publicly available on the Internet website of the 
     Department of Homeland Security a detailed resource plan 
     specifying the estimated budget and number of staff members 
     that will be required for preparation of the first 
     quadrennial homeland security review.
       (c) Clerical Amendment.--The table of sections in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 706 the following new item:

``Sec. 707. Quadrennial Homeland Security Review.''.

     SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF 
                   RADICALIZATION LEADING TO IDEOLOGICALLY-BASED 
                   VIOLENCE.

       (a) Findings.--Congress finds the following:
       (1) The United States is engaged in a struggle against a 
     transnational terrorist movement of radical extremists that 
     plans, prepares for, and engages in acts of ideologically-
     based violence worldwide.
       (2) The threat of radicalization that leads to 
     ideologically-based violence transcends borders and has been 
     identified as a potential threat within the United States.
       (3) Radicalization has been identified as a precursor to 
     terrorism caused by ideologically-based groups.
       (4) Countering the threat of violent extremists 
     domestically, as well as internationally, is a critical 
     element of the plan of the United States for success in the 
     fight against terrorism.
       (5) United States law enforcement agencies have identified 
     radicalization that leads to ideologically-based violence as 
     an emerging threat and have in recent years identified cases 
     of extremists operating inside the United States, known as 
     ``homegrown'' extremists, with the intent to provide support 
     for, or directly commit, terrorist attacks.
       (6) Alienation of Muslim populations in the Western world 
     has been identified as a factor in the spread of 
     radicalization that could lead to ideologically-based 
     violence.
       (7) Many other factors have been identified as contributing 
     to the spread of radicalization and resulting acts of 
     ideologically-based violence. Among these is the appeal of 
     left-wing and right-wing hate groups, and other hate groups, 
     including groups operating in prisons. Other such factors 
     must be examined and countered as well in order to protect 
     the homeland from violent extremists of every kind.
       (8) Radicalization leading to ideologically-based violence 
     cannot be prevented solely through law enforcement and 
     intelligence measures.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Homeland Security, in consultation with 
     other relevant Federal agencies, should make a priority of 
     countering domestic radicalization that leads to 
     ideologically-based violence by--
       (1) using intelligence analysts and other experts to better 
     understand the process of radicalization from sympathizer to 
     activist to terrorist;
       (2) recruiting employees with diverse worldviews, skills, 
     languages, and cultural backgrounds, and expertise;
       (3) consulting with experts to ensure that the lexicon used 
     within public statements is precise and appropriate and does 
     not aid extremists by offending religious, ethnic, and 
     minority communities;
       (4) addressing prisoner radicalization and post-sentence 
     reintegration, in concert with the Attorney General and State 
     and local corrections officials;
       (5) pursuing broader avenues of dialogue with minority 
     communities, including the American Muslim community, to 
     foster mutual respect, understanding, and trust; and
       (6) working directly with State, local, and community 
     leaders to--
       (A) educate such leaders about the threat of radicalization 
     that leads to ideologically-based violence and the necessity 
     of taking preventative action at the local level; and
       (B) facilitate the sharing of best practices from other 
     countries and communities to encourage outreach to minority 
     communities, including the American Muslim community, and 
     develop partnerships among and between all religious faiths 
     and ethnic groups.

     SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 
                   COMMITTEES.

       The Committee on Commerce, Science, and Transportation of 
     the Senate shall receive the reports required by the 
     following provisions of law in the same manner and to the 
     same extent that the reports are to be received by the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate:
       (1) Section 1016(j)(1) of the Intelligence Reform and 
     Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
       (2) Section 511(d) of this Act.
       (3) Subsection (a)(3)(D) of section 2022 of the Homeland 
     Security Act of 2002, as added by section 101 of this Act.
       (4) Section 7215(d) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
       (5) Section 7209(b)(1)(C) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
       (6) Section 804(c) of this Act.
       (7) Section 901(b) of this Act.
       (8) Section 1002(a) of this Act.
       (9) Title III of this Act.

     SEC. 2404. DEMONSTRATION PROJECT.

       (a) Demonstration Project Required.--Not later than 120 
     days after the date of enactment of this Act, the Secretary 
     of Homeland Security shall--
       (1) establish a demonstration project to conduct 
     demonstrations of security management systems that--
       (A) shall use a management system standards approach; and
       (B) may be integrated into quality, safety, environmental 
     and other internationally adopted management systems; and
       (2) enter into one or more agreements with a private sector 
     entity to conduct such demonstrations of security management 
     systems.
       (b) Security Management System Defined.--In this section, 
     the term `security management system' means a set of 
     guidelines that address the security assessment needs of 
     critical infrastructure and key resources that are consistent 
     with a set of generally accepted management standards 
     ratified and adopted by a standards making body.

     SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) Responsibilities.--Section 701(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 341) is amended--
       (1) by inserting ``The Under Secretary for Management shall 
     serve as the Chief Management Officer and principal advisor 
     to the Secretary on matters related to the management of the 
     Department, including management integration and 
     transformation in support of homeland security operations and 
     programs.'' before ``The Secretary'';
       (2) by striking paragraph (7) and inserting the following:
       ``(7) Strategic management planning and annual performance 
     planning and identification and tracking of performance 
     measures relating to the responsibilities of the 
     Department.''; and
       (3) by striking paragraph (9), and inserting the following:
       ``(9) The management integration and transformation 
     process, as well as the transition process, to ensure an 
     efficient and orderly consolidation of functions and 
     personnel in the Department and transition, including--
       ``(A) the development of a management integration strategy 
     for the Department, and
       ``(B) before December 1 of any year in which a Presidential 
     election is held, the development of a transition and 
     succession plan, to be made available to the incoming 
     Secretary and Under Secretary for Management, to guide the 
     transition of management functions to a new 
     Administration.''.
       (b) Appointment and Evaluation.--Section 701 of the 
     Homeland Security Act of 2002 (6 U.S.C. 341), as amended by 
     subsection (a), is further amended by adding at the end the 
     following:
       ``(c) Appointment and Evaluation.--The Under Secretary for 
     Management shall--
       ``(1) be appointed by the President, by and with the advice 
     and consent of the Senate, from among persons who have--
       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results;
       ``(2) enter into an annual performance agreement with the 
     Secretary that shall set forth measurable individual and 
     organizational goals; and

[[Page 20720]]

       ``(3) be subject to an annual performance evaluation by the 
     Secretary, who shall determine as part of each such 
     evaluation whether the Under Secretary for Management has 
     made satisfactory progress toward achieving the goals set out 
     in the performance agreement required under paragraph (2).''.
       (c) Deadline for Appointment; Incumbent.--
       (1) Deadline for appointment.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security shall name an individual who meets the 
     qualifications of section 701 of the Homeland Security Act (6 
     U.S.C. 341), as amended by subsections (a) and (b), to serve 
     as the Under Secretary of Homeland Security for Management. 
     The Secretary may submit the name of the individual who 
     serves in the position of Under Secretary of Homeland 
     Security for Management on the date of enactment of this Act 
     together with a statement that informs the Congress that the 
     individual meets the qualifications of such section as so 
     amended.
       (2) Incumbent.--The incumbent serving as Under Secretary of 
     Homeland Security for Management on November 4, 2008, is 
     authorized to continue serving in that position until a 
     successor is confirmed, to ensure continuity in the 
     management functions of the Department.
       (d) Sense of Congress With Respect to Service of 
     Incumbents.--It is the sense of the Congress that the person 
     serving as Under Secretary of Homeland Security for 
     Management on the date on which a Presidential election is 
     held should be encouraged by the newly-elected President to 
     remain in office in a new Administration until such time as a 
     successor is confirmed by Congress.
       (e) Executive Schedule.--Section 5313 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Deputy Secretary of Homeland Security the following:
       ``Under Secretary of Homeland Security for Management.''.
       And the Senate agree to the same.
     Bennie G. Thompson,
     Loretta Sanchez,
     Norman Dicks,
     Jane Harman,
     Nita M. Lowey,
     Sheila Jackson-Lee,
     Donna M. Christensen,
     Bob Etheridge,
     James R. Langevin,
     Henry Cuellar,
     Al Green,
     Ed Perlmutter,
     Peter T. King,
     Mark Souder,
     Tom Davis,
     Daniel E. Lungren,
     Michael T. McCaul,
     Charles W. Dent,
     Ike Skelton,
     John M. Spratt, Jr,
     Jim Saxton,
     John D. Dingell,
     Edward J. Markey,
     Tom Lantos,
     Gary Ackerman,
     Ileana Ros-Lehtinen,
     John Conyers,
     Zoe Lofgren,
     Henry A. Waxman,
     Wm. Lacy Clay,
     Silvestre Reyes,
     Bud Cramer,
     Bart Gordon,
     David Wu,
     Peter A. DeFazio,
     John B. Larson,
                                Managers on the Part of the House,

     Joe Lieberman,
     Carl Levin,
     Daniel K. Akaka,
     Tom Carper,
     Mark Pryor,
     Chris Dodd,
     Daniel K. Inouye,
     Joe Biden,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1), to provide for 
     the implementation of the recommendations of the National 
     Commission on Terrorist Attacks Upon the United States, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effect of the action agreed upon 
     by the managers and recommended in the accompanying 
     conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.

                      Joint Explanatory Statement

                   TITLE I--HOMELAND SECURITY GRANTS

     Section 101. Homeland Security Grant Program
       Section 101 of the Conference Report amends the Homeland 
     Security Act to add a new Title XX, comprised of two 
     subtitles and including the following sections:

         Subtitle A--Grants to States and High-Risk Urban Areas

     Section 2001. Definitions
       Section 2001 of the House bill defines several terms that 
     are used in the title relevant to homeland security grants, 
     including ``Covered grant,'' ``Directly Eligible Tribe,'' 
     ``Elevations in the Threat Alert Level,'' ``First 
     Responder,'' ``Indian Tribe,'' ``Region,'' ``Terrorism 
     Preparedness,'' and ``Capabilities.''
       Section 2001 of the Senate bill is a comparable provision, 
     which defines ``Administrator,'' ``Combined Statistical 
     Area,'' ``Directly Eligible Tribe,'' ``Eligible Metropolitan 
     Area,'' ``Indian Tribe,'' ``Metropolitan Statistical Area,'' 
     ``National Special Security Event,'' ``Population,'' 
     ``Population Density,'' ``Target Capabilities,'' and ``Tribal 
     Government.''
       The Conference substitute adopts the Senate provision, as 
     modified. The provision defines the terms ``Administrator,'' 
     ``Appropriate Committees of Congress,'' ``Critical 
     Infrastructure Sectors,'' ``Directly Eligible Tribe,'' 
     ``Eligible Metropolitan Area,'' ``High-Risk Urban Area,'' 
     ``Indian Tribe,'' ``Metropolitan Statistical Area,'' 
     ``National Special Security Event,'' ``Population,'' 
     ``Population Density,'' ``Qualified Intelligence Analyst,'' 
     ``Target Capabilities,'' and ``Tribal Government.''
     Section 2002. Homeland Security Grant Programs
       Section 2002 of the House bill sets forth the first 
     responder grant programs at the Department that are covered 
     by the provisions in the title. These programs are the State 
     Homeland Security Grant Program, the Urban Area Security 
     Initiative, and the Law Enforcement Terrorism Prevention 
     Program. It specifically excludes the Assistance to 
     Firefighters Grant programs, the Emergency Management 
     Performance Grant program, and the Urban Search and Rescue 
     program.
       Section 2002 of the Senate bill authorizes the Secretary of 
     Homeland Security (the Secretary), acting through the 
     Administrator of the Federal Emergency Management Agency 
     (FEMA), to award grants to State, local, and tribal 
     governments. It clarifies that other grant programs, such as 
     the Assistance to Firefighters Grant programs, the 
     Metropolitan Medical Response System, critical infrastructure 
     grant programs, including transportation security grants 
     programs, the port security grant program, and grants 
     administered by agencies other than the Department of 
     Homeland Security (the Department or DHS), are not covered 
     under the title.
       The Conference substitute adopts the Senate provision, as 
     modified. It specifically authorizes the Secretary, acting 
     through the Administrator of FEMA (the Administrator), to 
     make grants under the State Homeland Security Grant Program 
     and the Urban Area Security Initiative. It specifically 
     provides that none of the provisions in subtitle A affect, or 
     may be construed to affect, programs authorized under the 
     Federal Fire Prevention and Control Act; grants authorized 
     under the Stafford Act; Emergency Management Performance 
     Grants under the amendments made by Title II of the 
     Implementing the Recommendations of the 9/11 Commission Act 
     of 2007; grants to protect critical infrastructure, including 
     port security grants authorized under 46 U.S.C. 70107 and 
     grants authorized under titles XIV, XV, and XVI of the 
     Implementing the Recommendations of the 9/11 Commission Act 
     of 2007; Metropolitan Medical Response System grants 
     authorized under section 635 of the Post-Katrina Emergency 
     Management Reform Act; the Interoperable Emergency 
     Communications Grant Program authorized under title XVIII of 
     the Homeland Security Act; and grants not administered by the 
     Department.
       Section 1014 of the USA Patriot Act (42 U.S.C. 3714), which 
     authorized grants to States to ``enhance the capability of 
     State and local jurisdictions to prepare for and respond to 
     terrorist acts,'' has, up until now, served as the authority 
     for grant programs such as the State Homeland Security Grant 
     Program and the Law Enforcement Terrorism Prevention Program. 
     Section 1014 further provided that each State receive a 
     minimum of 0.75 percent of such authorized grants. The 
     Conference substitute clarifies that the grants authorized 
     under sections 2003 and 2004 of the Homeland Security Act are 
     to supersede all grant programs authorized by section 1014 of 
     the USA PATRIOT Act and that such grants shall be governed by 
     the terms of this title and not any other provision of law, 
     including with respect to the minimum guaranteed to each 
     State under section 2004 and the fact that, where there is 
     such a minimum, it is to be allocated as a ``true minimum,'' 
     in the manner explained below.
       The Conferees remain concerned about the implementation of 
     the provisions in the Post-Katrina Emergency Management 
     Reform Act (PL 109-295), which placed the authority to 
     conduct training and exercises and administer grants within 
     FEMA, thus restoring the nexus between emergency preparedness 
     and response. The Conferees continue to believe that the 
     Administrator, in

[[Page 20721]]

      consultation with other relevant Departmental components 
     with issue-area expertise, should have responsibility for 
     administering all grant programs administered by the 
     Department, which will ensure the coordination among those 
     programs and consistency in the guidance issued to grant 
     recipients.
     Section 2003. Urban Area Security Initiative
       Section 2003 of the House bill provides that areas 
     determined by the Secretary to be high-threat urban areas may 
     apply for Urban Area Security Initiative grants.
       Section 2003 of the Senate bill specifically establishes 
     the Urban Area Security Initiative grant program, to assist 
     high-risk urban areas in preventing, preparing for, and 
     responding to acts of terrorism. It allows eligible 
     metropolitan areas, defined primarily as self-defined areas 
     within the 100 largest metropolitan statistical areas, to 
     apply for the grants. This section requires that the grants 
     be allocated based on the threat, vulnerability, and 
     consequences of a terrorist attack, as well as the 
     effectiveness of each urban area's proposed spending plan in 
     increasing the area's preparedness for terrorism and reducing 
     risk. The section further describes the allowable uses of the 
     grant funding by urban areas.
       The Conference substitute adopts the Senate provision, as 
     modified. The Conference substitute provides for a two-stage 
     process for designating high-risk urban areas eligible to 
     apply for Urban Area Security Initiative grants. First, the 
     Department is to conduct an initial assessment of the risks, 
     threats, and vulnerabilities from acts of terrorism faced by 
     eligible metropolitan areas, defined as the 100 most populous 
     metropolitan statistical areas in the United States. During 
     this initial assessment, these areas may submit relevant 
     information to the Department for consideration. Second, once 
     this initial assessment process is complete, the Department 
     will designate which jurisdictions may apply for Urban Area 
     Security Initiative grants based solely on the assessment of 
     risk from acts of terrorism.
     Section 2004. State Homeland Security Grant Program
       Section 2003 of the House bill provides that States, 
     regions, and directly eligible tribes shall be eligible to 
     apply for grant funds under the State Homeland Security Grant 
     Program and the Law Enforcement Terrorism Prevention Program. 
     Section 2004 of the House Bill sets forth minimum amounts 
     each State shall receive (0.25 percent), providing for larger 
     grant awards to applicants that have a significant 
     international land border and/or adjoin a body of water 
     within North America that contains an international boundary 
     line (0.45 percent). Under the House bill territories and 
     directly eligible tribes would receive not less than 0.08 
     percent of the funds.
       Section 2004 of the Senate bill establishes the State 
     Homeland Security Grant Program to assist State, local, and 
     tribal governments in preventing, preparing for, protecting 
     against, responding to, and recovering from acts of 
     terrorism. The section requires that the grants be allocated 
     to States based on the threat, vulnerability, and 
     consequences of terrorism faced by a State, and lists factors 
     to be considered in determining a State's risk. The section 
     further provides that, in allocating funds, no State shall 
     receive less than 0.45 percent of the overall appropriation 
     for this program and that each State distribute a minimum of 
     80 percent of funding received under this program to local 
     and tribal governments within that State, consistent with the 
     State's homeland security plan. Territories would receive not 
     less than 0.08 percent of the funds. The section also 
     describes the allowable uses for grant funding provided to 
     States under this section.
       The Conference substitute adopts the Senate provision, as 
     modified. The Conference substitute requires that each State 
     receive, from the funds appropriated for the State Homeland 
     Security Grant Program, not less than 0.375 percent of the 
     total funds appropriated for grants under sections 2003 and 
     2004 in Fiscal Year 2008. This minimum decreases to 0.35 
     percent over five years. Each territory is to receive not 
     less than 0.08 percent of the funds and tribes are to 
     receive, collectively, not less than 0.1 percent of the 
     funds.
       In all cases, the minimum is a ``true minimum,'' in which 
     funding allocations are initially determined entirely on the 
     basis of terrorism risk and the anticipated effectiveness of 
     the proposed use of the grant. Any recipient that does not 
     reach the minimum based on this risk allocation will receive 
     additional funding from the amount appropriated for the State 
     Homeland Security Grant Program to ensure the respective 
     minimum is met. This distribution method is consistent with 
     the Department's practice for FY 2007 for the formula grants 
     in the Homeland Security Grant Program, and maximizes the 
     share of funds distributed on the basis of risk. The Urban 
     Area Security Initiative will continue to be allocated 
     exclusively on the basis of the risk from acts of terrorism 
     and the anticipated effectiveness of the proposed use of the 
     grant.
     Section 2005. Grants to directly eligible tribes
       Section 2003 of the House bill authorizes the Secretary to 
     award grants to directly eligible tribes under the State 
     Homeland Security Grant Program, requires the designation of 
     a specific individual to serve as the tribal liaison for each 
     tribe, and allows an opportunity for each State to comment to 
     the Secretary on the consistency of a tribe's application 
     with the State's homeland security plan.
       Section 2004 of the Senate bill authorizes the Secretary to 
     award grants to directly eligible tribes under the State 
     Homeland Security Grant Program.
       The Conference substitute adopts the House provision, as 
     modified. The Conference substitute further clarifies that, 
     regardless of whether a tribe receives funds directly from 
     the Department, the tribe remains eligible to receive a pass-
     through of section 2004 funds for other purposes from any 
     State within which it is located, and that States retain a 
     responsibility for allocating funds received under section 
     2004 to assist tribal communities, including tribes that are 
     not directly eligible tribes, achieve target capabilities not 
     achieved through direct grants.
     Section 2006. Terrorism prevention
       There is no comparable House provision.
       Section 2005 of the Senate bill requires that the 
     Department of Homeland Security designate a minimum of 25 
     percent of the funding to States and urban areas through the 
     State Homeland Security Grant Program and Urban Area Security 
     Initiative for law enforcement terrorism prevention 
     activities. It provides a list of allowable uses for the 
     funding. The section also establishes the Office for the 
     Prevention of Terrorism within the Department to, among other 
     things, coordinate policy and operations between Federal, 
     State, local, and tribal governments related to the 
     prevention of terrorism.
       The Conference substitute adopts the Senate provision, as 
     modified.
       The Conferees note the importance of law enforcement 
     terrorism prevention activities and requires the 
     Administrator to ensure that not less than 25 percent of the 
     combined funds from the State Homeland Security Grant Program 
     and Urban Area Security Initiative are dedicated to these 
     vital activities. This will ensure that law enforcement 
     terrorism prevention activities are appropriately coordinated 
     with other State and high-risk urban area efforts to prevent, 
     prepare for, protect against, and respond to acts of 
     terrorism using grant funds.
       The Conference substitute also includes a provision 
     creating an Assistant Secretary in the DHS Policy Directorate 
     to head an Office for State and Local Law Enforcement. This 
     new Assistant Secretary will lead the coordination of 
     Department-wide policies relating to State and local law 
     enforcement's role in preventing acts of terrorism and will 
     also serve as a liaison between law enforcement agencies 
     across the country and the Department. The Conferees believe 
     this office gives the State and local law enforcement 
     community a much needed voice and high-level point of contact 
     in the Department and integrates prevention and other law 
     enforcement activities across the Department, while avoiding 
     the creation of further stovepipes.
       The Conference substitute creates the Assistant Secretary 
     in the Department's Policy Directorate because of that 
     Directorate's central role in coordinating policies across 
     the Department. By such placement, however, the Conferees do 
     not intend to preclude the Secretary from seeking advice 
     directly from the Assistant Secretary, or from having the 
     Assistant Secretary report directly to the Secretary, if the 
     Secretary determines that arrangement would be most helpful 
     and/or most beneficial to the Department.
       In addition, the Conference substitute includes language in 
     this section to reflect the general purpose of the Fusion and 
     Law Enforcement Education and Teaming (FLEET) Grant Program 
     in House Sections 701 and 702. Many local and tribal law 
     enforcement and other emergency response providers that would 
     like to participate in State, local, or regional fusion 
     centers lack the resources--in terms of funding and staff--to 
     do so. These providers are not usually in the headlines; 
     instead, they typically serve under represented suburban and 
     rural jurisdictions where terrorists may live, work, and plan 
     attacks--even if they themselves are not likely targets of 
     those attacks.
       The Conferees believe that such agencies and departments, 
     based on an appropriate showing of risk, should qualify for 
     grant funding so they can send representatives to State, 
     local, or regional fusion centers. Such funding should be 
     available for (1) backfilling positions for law enforcement 
     officers, intelligence analysts, and other emergency response 
     staff detailed to fusion centers; and (2) appropriate 
     training in the intelligence cycle, privacy and civil 
     liberties, and other relevant matters, as determined by the 
     Secretary.
       The Conference substitute also provides for the Assistant 
     Secretary for State and Local Law Enforcement and the 
     Administrator to jointly conduct a study to determine the 
     efficacy and feasibility of establishing specialized law 
     enforcement deployment teams to assist State, local and 
     tribal governments in responding to natural disasters, acts 
     of terrorism, or other man-made disasters, and to

[[Page 20722]]

     report on the results of that study to the appropriate 
     Committees of Congress. By requiring the study, the Conferees 
     do not intend to authorize the creation, use or deployment of 
     such teams, but instead intends that the Assistant Secretary 
     and the Administrator report to Congress on the results of 
     the study and, in the event they determine that such 
     deployment teams are feasible and likely to be effective, 
     that they seek further Congressional authorization before 
     implementing any such program. The Conferees further intend 
     that any such deployment teams, if implemented, would, like 
     other specialized response teams, such as Urban Search and 
     Rescue Teams, be subject to the direction of the 
     Administrator and coordinated with the other activities of 
     FEMA.
     Section 2007. Prioritization
       Section 2004 of the House bill requires the Secretary to 
     evaluate and annually prioritize pending applications for 
     covered grants based upon the degree to which they would 
     lessen the threat to, vulnerability of, and consequences for 
     persons and critical infrastructure from acts of terrorism.
       There is no comparable Senate provision. Instead the Senate 
     bill individually lists the factors that the Administrator 
     shall consider when allocating grants under sections 2003 and 
     2004.
       The Conference substitute adopts the House provision, as 
     modified. The Conference substitute requires that in 
     allocating funds among States and high-risk urban areas the 
     Administrator consider for each State and high-risk urban 
     area, its relative threat, vulnerability, and consequences 
     from acts of terrorism, including consideration of several 
     enumerated factors; and the anticipated effectiveness of the 
     proposed use of the grant by the State or high-risk urban 
     area. While the Conference substitute does not specify the 
     particular weight to be given to any of the listed criteria, 
     it nonetheless requires that each of the characteristics 
     listed in subparagraphs 2007(a)(1)(A) through (J) be 
     considered as part of the assessment of threat, 
     vulnerability, and consequences from acts of terrorism faced 
     by the State or high-risk urban area. The Conference 
     substitute also provides that the Administrator may consider 
     additional factors beyond those listed, as specified in 
     writing, in assessing a State or high-risk urban area's risk.
     Section 2008. Use of funds
       Section 2005 of the House bill lists authorized uses of 
     covered grants and prohibits the use of grant funds to 
     supplant State or local funds, to construct physical 
     facilities, to acquire land, or for any State or local 
     government cost sharing contribution. This section also 
     requires each covered grant recipient to submit annual 
     reports on homeland security spending and establishes 
     penalties for States that fail to pass funds through to local 
     governments within 45 days of receipt of grant funds.
       There is no comparable Senate provision. Instead, the 
     Senate bill authorizes eligible uses of funds for each grant 
     program individually and provides for limitations on the use 
     of grant funds under Section 2007 of the Senate bill.
       The Conference substitute adopts the House provision, with 
     modifications. The Conference substitute authorizes grant 
     funds under sections 2003 and 2004 to be used for a number of 
     uses including planning, training, exercises, protecting 
     critical infrastructure, purchasing equipment, and paying 
     personnel costs associated with both straight time and 
     overtime and backfill, in addition to any allowable use in 
     the FY2007 grant guidance for the State Homeland Security 
     Grant Program, the Urban Area Security Initiative (including 
     activities permitted under the full-time counterterrorism 
     staffing pilot), or the Law Enforcement Terrorism Prevention 
     Program. The Conference substitute authorizes grant 
     recipients to use up to 50 percent of their grant funds for 
     overtime and straight personnel costs because prevention and 
     protection activities are personnel intensive. Nonetheless, 
     the needs of communities vary considerably, and the Conferees 
     anticipate that many, if not most, recipients will not need 
     to devote the maximum allowable funding to personnel costs. 
     The Conferees encourage grant recipients to also emphasize 
     planning, training, and exercising in their spending plans.
       It is important to note that the Conferees are concerned 
     about audits and news reports illustrating some inappropriate 
     uses of grant funds since the programs' inception. The 
     Conferees, therefore, emphasize language in the Conference 
     substitute that prohibits grant recipients from using their 
     funding for social and recreational purposes.
       Finally, the Conferees note the provision permitting grant 
     recipients to use their funding for multiple purposes. To be 
     clear, the Conferees do not intend for grant recipients to 
     use their funding solely to prepare for natural disasters. 
     The programs authorized in this title are for counter-
     terrorism purposes. Nevertheless, the Conferees recognize 
     that many of the planning, training, exercising, and 
     equipment needs of jurisdictions are similar, if not 
     identical, for natural disasters, acts of terrorism, and 
     other man-made disasters, and that, although some 
     preparations for terrorist threats require unique plans and 
     capabilities, many will be part of overall all-hazards 
     preparedness. Therefore, although the use of grant funds 
     under these programs must further a jurisdiction's counter-
     terrorism activities and programs, the Conferees expect and 
     encourage such jurisdictions to engage in activities, such as 
     evacuation exercises, that will contribute to preparedness 
     for both terrorist and non-terrorist events and not to 
     hesitate to use, for example, equipment purchased for 
     counter-terrorism purposes to respond to a non-terrorist 
     incident.

                   Subtitle B--Grants Administration

     Section 2021. Administration and coordination
       There is no comparable House provision.
       Section 2007 of the Senate bill requires the Administrator 
     to ensure that the recipients of grants administered by the 
     Department coordinate their activities regionally, including 
     across State boundaries where appropriate, and that State and 
     urban recipients establish a planning committee including 
     relevant stakeholders to assist in the preparation and 
     revision of area homeland security plans. This section also 
     requires that the Department coordinate with other relevant 
     Federal agencies to develop a proposal to coordinate the 
     reporting and other requirements for homeland security 
     assistance programs across the Federal government to avoid 
     duplication and undue burdens on State, local, and tribal 
     governments.
       The Conference substitute adopts the Senate provision, as 
     modified.
       The Conference substitute includes a provision requiring 
     States and high-risk urban areas receiving grants under the 
     State Homeland Security Grant Program or the Urban Area 
     Security Initiative to establish a planning committee if they 
     have not already done so. The Conferees are aware that many 
     multi-jurisdictional councils of governments, regional 
     planning commissions and organizations, development 
     districts, and consortiums have responsibility for 
     implementing emergency response plans and coordinating cross-
     jurisdictional response capabilities, and urges the 
     Department to support the continued use of such entities.
       Because natural disasters, acts of terrorism and other man-
     made disasters do not respect political boundaries, and 
     because such events have the potential to overwhelm the 
     capabilities of a single jurisdiction, the Conferees believe 
     that it is important that there be regional coordination in 
     preparing for these events, and the Conference substitute 
     requires that the Administrator ensure that grant recipients 
     appropriately coordinate with neighboring State, local and 
     tribal governments. The Conference does not intend, however, 
     that this provide a license to the Administrator to impose 
     burdensome requirements on local subgrantees or other small 
     communities, and encourages the Administrator to ensure 
     regional coordination primarily by working with States, high-
     risk urban areas, and other direct recipients of grants.
     Section 2022. Accountability
       Section 2005 of the House bill requires recipients of 
     grants under the State Homeland Security Grant Program, Urban 
     Area Security Initiative, and Law Enforcement Terrorism 
     Prevention Program to submit an annual report to the 
     Secretary concerning the use and allocation of those grant 
     funds, and provides incentives for submission of quarterly 
     reports. It also requires that the Secretary submit an annual 
     report to Congress concerning the use of funds by grant 
     recipients and describing progress made in enhancing 
     capabilities as a result of the expenditure of grant funds.
       Section 2008 of the Senate bill requires the Administrator 
     to submit annual reports to Congress evaluating the extent to 
     which grants have contributed to the progress of State, 
     local, and tribal governments in achieving target 
     capabilities and providing an explanation of the Department's 
     risk methodology. In addition, Section 2009 of the Senate 
     bill requires the Inspector General of the Department (the 
     Inspector General) to audit all recipients of grants under 
     the State Homeland Security Grant Program, Urban Area 
     Security Initiative, and Emergency Management Performance 
     Grant program. The audits are to be conducted within two 
     years of enactment of the bill or receipt of such a grant, 
     and be made publicly available on the website of the 
     Inspector General. The Inspector General is also required to 
     audit each entity that received a preparedness grant from the 
     Department prior to enactment of this legislation.
       The Conference substitute adopts the Senate provision, as 
     modified. Among other things, the Conference substitute 
     requires that at least every two years, the Administrator 
     conduct a programmatic and financial review of each State and 
     high-risk urban area receiving a grant administered by the 
     Department to examine whether grant funds are being used 
     properly and effectively. It requires further that the 
     Inspector General follow up these agency reviews by 
     conducting independent audits of a sample of States and high-
     risk urban areas each year. The Inspector General is to 
     conduct an audit of all States at least once over the next 
     seven years, report to Congress on any findings, and post the 
     results of the audits on the Internet, taking steps to 
     protect classified and other sensitive information. The 
     Conference substitute authorizes additional

[[Page 20723]]

     funding to help ensure that the Administrator and the Office 
     of the Inspector General are able to carry out these 
     oversight and auditing functions. In addition, the Conference 
     substitute requires the submission of quarterly and annual 
     reports by grant recipients.
       While the Conference acknowledges the importance of 
     transparency and therefore requires the public online posting 
     of audits in this section, the Conference substitute exempts 
     any audit information from being released publicly that 
     contains ``sensitive'' information. The Conference emphasizes 
     that the sensitive information referred to in this provision 
     is information that, while it may not be classified, would be 
     detrimental to national security if made public, such as 
     information designated as Sensitive Security Information. The 
     Conference emphasizes therefore that the term ``sensitive 
     information,'' and the associated exemption from public 
     disclosure, does not apply to information which a grantee or 
     the Department may simply find embarrassing, questionable, 
     unlawful, or otherwise suggestive of poor management or 
     judgment. That an audit contains sensitive information should 
     not be cause to withhold the entire audit from public 
     release, but rather the Conference expects that such 
     information would merely be redacted from posted audits.
     Section 102. Other Amendments to the Homeland Security Act of 
         2002
       Section 2004(a)(1) of the House bill includes a provision 
     requiring the Secretary to coordinate with the National 
     Advisory Council and other components of the Department when 
     evaluating and prioritizing grant applications.
       Section 2007 of the Senate bill requires that the 
     Administrator regularly consult and work with the National 
     Advisory Council, an advisory panel of State, local, tribal, 
     private and nonprofit officials established under Section 508 
     of the Homeland Security Act, on the administration and 
     assessment of the Department's grant programs, in order to 
     ensure regular and continuing input from State, local and 
     tribal governments and emergency response providers and 
     better integration of these parties into the grants process.
       The Conference substitute adopts the Senate provision, as 
     modified.
     Section 103. Amendments to the Post-Katrina Emergency 
         Management Reform Act of 2006
       Section 2005(h)(5)(E) of the House bill requires that each 
     recipient of a covered grant include in its annual report to 
     the Secretary, information on the extent to which 
     capabilities identified in the applicable State homeland 
     security plan or plans remain unmet.
       Section 2008(a)(1) of the Senate bill requires that, as a 
     component of the annual Federal Preparedness Report required 
     under section 652 of the Post-Katrina Emergency Management 
     Reform Act, the Administrator report to Congress on the 
     extent to which grants administered by the Department have 
     contributed to State, local and tribal governments achieving 
     target capabilities and have led to the reduction of risk.
       The Conference substitute adopts the Senate provision, as 
     modified. Section 103 of the substitute amends section 652 of 
     the Post-Katrina Emergency Management Reform Act to require 
     that the Administrator conduct an evaluation of the efficacy 
     of Department grants in helping States, localities, and 
     tribes achieve target capabilities and in reducing risk and 
     to require States to report on the extent to which their 
     target capabilities remain unmet and assess the resources 
     needed to meet preparedness priorities.
     Section 104. Technical and conforming amendments
       Section 104 makes technical and conforming amendments to 
     the Homeland Security Act of 2002, consistent with those made 
     in section 204 of the Senate bill and paragraphs (a)(1)-(4) 
     of Section 101 of the House bill.

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

       There is no comparable House provision.
       Title IV of the Senate bill reauthorizes the Emergency 
     Management Performance Grants (EMPG) Program. In the Senate 
     bill, the program provides grants to States to assist State, 
     local and tribal governments in preparing for, responding to, 
     recovering from, and mitigating against all hazards. The 
     section codifies the existing allocation formula for EMPG 
     grants in which each State receives 0.75 percent of the total 
     appropriation for this program, with the remainder of the 
     appropriated funding distributed to States in proportion to 
     their population. The Senate bill also specifies allowable 
     uses for EMPG grants, and continues the existing cost-sharing 
     requirement, whereby the Federal share of an activity's cost 
     may not exceed 50 percent.
       The Conference substitute adopts the Senate provision, with 
     modifications. Section 201 of this title directs the 
     Administrator to continue implementation of an Emergency 
     Management Performance Grants program, the nation's principal 
     grant program to assist State, local, and tribal governments 
     in preparing for all hazards. The Conference substitute 
     continues this program, as authorized by the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, and 
     authorizes appropriations for the program through FY 2012. 
     Section 202 of this title amends section 614 of the Stafford 
     Act, concerning the Federal share for construction of 
     Emergency Operations Centers (EOCs). Section 202 allows the 
     Federal Government to finance up to 75 percent of the costs 
     of equipping, upgrading, and constructing State or local 
     EOCs. While equipping, upgrading, and constructing EOCs are 
     eligible activities under the EMPG program, these also remain 
     eligible activities under other provisions of Title VI of the 
     Stafford Act, and section 202 applies the maximum 75 percent 
     Federal cost share to the EMPG program and to any other 
     program authorized under Title VI of the Stafford Act that 
     provides grants for construction of EOCs.

      TITLE III--INTEROPERABLE COMMUNICATIONS FOR FIRST RESPONDERS

     Section 301. Interoperable Emergency Communications Grant 
         Program
       Section 201 of the House bill amends Title V of the 
     Homeland Security Act of 2002 by creating a stand-alone 
     interoperability grant program at the Department of Homeland 
     Security (the Department or DHS). This provision directs the 
     Secretary of Homeland Security (the Secretary), acting 
     through the Office of Grants and Training, in coordination 
     with the Director of Emergency Communications, to establish 
     the Improved Communications for Emergency Response (ICER) 
     grant program to improve emergency communications among 
     State, regional, national, and, in some instances, 
     international border communities. The provision provides that 
     the ICER grant program would be established the first fiscal 
     year after the Department met the following requirements: the 
     completion of and delivery to Congress of the National 
     Emergency Communications Plan; the completion of the baseline 
     interoperability assessment, and the determination by the 
     Secretary that substantial progress has been made with regard 
     to emergency communications equipment and technology 
     standards. Further, the provision states that the ICER grants 
     may be used for planning, design and engineering, training 
     and exercises, technical assistance, and other emergency 
     communications activities deemed integral to emergency 
     interoperable communications by the Secretary.
       Section 301 of the Senate bill amends Title XVIII of the 
     Homeland Security Act of 2002 by creating a grant program 
     administered by the Federal Emergency Management Agency 
     (FEMA) dedicated to improving operable and interoperable 
     emergency communications at local, regional, State, Federal 
     and, where appropriate, international levels. In applying for 
     the grants, States would have to demonstrate that the grants 
     would be used in a manner consistent with their Statewide 
     interoperability plans and the National Emergency 
     Communications Plan. The States would be required to pass at 
     least 80 percent of the total amount of the grants they 
     receive, or the functional equivalent, to local and tribal 
     governments. Section 301 requires that each State receive not 
     less than 0.75 percent of the total funds appropriated for 
     the grant program in any given year. Further, Section 301 
     authorizes $3.3 billion for the grant program for the first 
     five years: $400 million in Fiscal Year 2008; $500 million in 
     Fiscal Year 2009; $600 million in Fiscal Year 2010; $800 
     million in Fiscal Year 2011; and $1 billion in Fiscal Year 
     2012.
       The Conference substitute adopts the Senate provision by 
     amending Title XVIII of the Homeland Security Act to require 
     that the Secretary establish the Interoperable Communications 
     Grant Program to make the grants to States. The Conference 
     Report clarifies the Senate's all-hazards approach for the 
     use of the grants by stating that the grants should be used 
     to carry out initiatives to improve ``interoperable emergency 
     communications, including the collective response to natural 
     disasters, acts of terrorism, and other man-made disasters.''
       The Conference substitute clarifies that the Office of 
     Emergency Communications is responsible for ensuring that the 
     grants awarded under this section are consistent with the 
     policies established by the Office of Emergency 
     Communications in accord with its statutory authority and 
     that the activities funded by the grants must be consistent 
     with the Statewide interoperable communications plans and 
     comply with the National Emergency Communication Plan, when 
     completed. The Conference substitute further makes clear that 
     FEMA will administer the grant program pursuant to its 
     responsibilities and authorities under law. It is the intent 
     of the Conferees that FEMA administer the grant program in a 
     manner that is consistent with the policies established by 
     the Office of Emergency Communications. FEMA shall provide 
     applicants a reasonable opportunity to correct defects in the 
     application, if any, before making final awards.
       The Conference substitute modifies the House and Senate 
     provisions to clarify that the grants administered under this 
     section shall be used for activities determined by the 
     Secretary of the Department to be integral to interoperable 
     communications. Because of a concern about the potential for 
     fraud, waste, and abuse, the Conferees expect the Department 
     to institute aggressive oversight and accountability measures 
     to ensure that

[[Page 20724]]

     grantees under this section use the funds in a manner that 
     advances the standards outlined in the SAFECOM 
     interoperability continuum, including but not limited to 
     governance, standard operating procedures, technology, 
     training and exercises, and usage. Moreover, the Conference 
     substitute states that recipients of grant funds under this 
     program are prohibited from using grants for recreational or 
     social purposes. Nor may grantees use these funds to supplant 
     State or local funds, or to meet cost-sharing contributions. 
     The Conference substitute gives the Secretary clear authority 
     to take ``such actions as necessary'' to ensure that the 
     grant funds are being used for their intended purpose.
       Grants awarded pursuant to the Interoperable Emergency 
     Communications Grant Program may be used for operable 
     communications--the ability of emergency response providers 
     and relevant government officials to continue to communicate 
     in the event of natural disasters, acts of terrorism, and 
     other man-made disasters--if the Director of Emergency 
     Communications reports to the Secretary of the Department of 
     Homeland Security that a national baseline level of 
     interoperability has been achieved, or if the Director of 
     Emergency Communications finds that an applicant's specific 
     request for grant funds for operability is critical and 
     necessary to achieve interoperability.
       The Conference substitute requires that before a State may 
     receive a grant under this section, the Director of the 
     Office of Emergency Communications shall approve the State's 
     statewide interoperable communications plan required under 
     section 7303(f) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. Sec. 194(f)). The Conferees 
     intend it to be the responsibility of the Director of 
     Emergency Communications to ensure that the State-wide 
     interoperability plans are designed to advance 
     interoperability at all levels of government, consider 
     applicable local and regional plans, and comply with the 
     National Emergency Communications Plan, when complete. The 
     Conference substitute provides that each State that receives 
     a grant under this section shall certify that the grant is 
     used for the intended purposes of the grant program.
       The Conferees agreed to remove the Senate provision related 
     to a review board to assist in reviewing the grant 
     applications since the Department has entrusted that 
     responsibility to peer review groups made of emergency 
     communication experts.
       The Conference substitute reflects the agreed-upon 
     authorization of $1.6 billion for the grant program under 
     this section which shall be allocated over five fiscal years 
     beginning in Fiscal Year 2008, after the completion of the 
     National Emergency Communications Plan and its submission to 
     Congress. The Conference substitute authorizes such sums as 
     necessary for each fiscal year following the initial five 
     year period. The Conferees agree that to ensure that grants 
     are spent on effective measures to improve interoperability, 
     the Secretary may not award a grant under this section for 
     the purchase of equipment that does not meet applicable 
     voluntary consensus standards, to the extent that such 
     standards exist, unless the State demonstrates a compelling 
     reason. The Conference substitute adopts the Senate 
     provision, with modifications, that States receiving a grant 
     under this section shall pass through 80 percent of the grant 
     funds, or the functional equivalent, to local and tribal 
     governments. The Conference substitute prohibits States from 
     imposing unreasonable or unduly burdensome requirements on 
     tribal governments as a condition of providing grant funds or 
     resources.
       The Conference substitute outlines the funding formula for 
     the distribution of grant dollars to ensure that each State 
     receives a minimum of funds for each fiscal year as follows: 
     0.50 percent for Fiscal Year 2008; 0.50 percent for Fiscal 
     Year 2009; 0.45 percent for Fiscal Year 2010; 0.40 percent 
     for Fiscal Year 2011; and 0.35 percent for Fiscal Year 2012 
     and each subsequent fiscal year. The territories of the 
     United States are to receive no less than 0.08 percent of the 
     total amount appropriated for grants under this title for 
     each fiscal year.
       The Conference substitute modifies the Senate's provision 
     regarding the annual reporting requirement of States that 
     receive grants. Reports to the Office of Emergency 
     Communications shall be made publicly available, subject to 
     redactions necessary to protect classified or other sensitive 
     information. The Conference substitute requires that the 
     Office of Emergency Communications submit to Congress an 
     annual report detailing how the grants under this section 
     facilitate the implementation of the Statewide 
     interoperability plans and advance interoperability at all 
     levels of government.
     Section 302. Border interoperability demonstration project
       There is no comparable House provision.
       Section 302 of the Senate bill establishes an international 
     border demonstration project involving at least six pilot 
     projects aimed at improving interoperability along the U.S.-
     Canada and U.S.-Mexico borders.
       The Conference substitute adopts the Senate provision, with 
     modifications. The Senate provision establishes in the 
     Department the International Border Community Interoperable 
     Communications Demonstration Project. The Conference has 
     agreed that the demonstration project will be carried out by 
     the Office of Emergency Communications at the Department in 
     coordination with the Federal Communications Commission and 
     the Department of Commerce. The Conference directs that the 
     demonstration project may only proceed after the Federal 
     Communications Commission and the Department of Commerce have 
     agreed upon the availability of the necessary spectrum 
     resulting from the 800 megahertz rebanding process in the 
     affected border areas.
       The Conference substitute directs the Office of Emergency 
     Communications to foster local and tribal, State and Federal 
     interoperable communications in those communities selected 
     for demonstration projects. The Office of Emergency 
     Communications is also directed to identify solutions to 
     facilitate interoperable communications across the national 
     borders, provide technical assistance, and ensure the 
     emergency responders can communicate in the event of natural 
     disasters, acts of terrorism, and other man-made disasters. 
     The Conference agrees that the Director of the Office of 
     Emergency Communications shall receive a report from each 
     State receiving funds under this section within 90 days of 
     receiving the funds. The Conference substitute specifies that 
     the Director may not fund a demonstration project for more 
     than three years.

                   TITLE IV--INCIDENT COMMAND SYSTEM

     Section 401. Definitions
       There is no comparable House provision.
       Section 1002 of the Senate bill includes several 
     definitions relevant to credentialing and typing.
       The Conference substitute adopts the Senate provision with 
     minor modifications.
     Section 402. National exercise program design
       Section 301 of the House bill strengthens the design of the 
     national exercise program to require the program to enhance 
     the use and understanding of the Incident Command System 
     (ICS).
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 403. National exercise program model exercises
       Section 302 of the House bill strengthens the national 
     exercise program to enhance the use and understanding of ICS 
     by requiring that the national exercise program include model 
     exercises for use by State, local and tribal governments.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision with 
     minor modifications.
     Section 404. Preidentifying and evaluating 
         multijurisdictional facilities to strengthen incident 
         command; private sector preparedness.
       Section 1001 of the Senate bill and section 303 of the 
     House bill both contain language making it a responsibility 
     of the Federal Emergency Management Agency (FEMA) regional 
     directors to work with State and local governments to pre-
     identify sites where multi-jurisdictional incident command 
     can be established. Additionally, section 1001 of the Senate 
     bill creates a responsibility for FEMA regional directors to 
     coordinate with the private sector to ensure private sector 
     preparedness.
       The Conference substitute adopts these provisions.
     Section 405. Federal response capability inventory
       There is no comparable House provision.
       Section 1002 of the Senate bill establishes a database of 
     all Federal personnel and resources credentialed and typed 
     that are likely needed to respond to a natural disaster, act 
     of terrorism, or other man-made disaster.
       The Conference substitute adopts the Senate provision with 
     modifications integrating it into the Federal Response 
     Capability Inventory established by the Post-Katrina 
     Emergency Management Reform Act of 2006.
     Section 406. Reporting requirements
       There is no comparable House provision.
       Section 1002 of the Senate bill requires an annual report 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives detailing the number and 
     qualifications of Federal personnel trained and ready to 
     respond to a natural disaster, act of terrorism or other man-
     made disaster. This section also requires the Administrator 
     to evaluate whether the list of credentialed FEMA personnel 
     complies with the strategic human capital plan established by 
     the Post-Katrina Emergency Management Reform Act of 2006.
       The Conference substitute adopts the Senate provision with 
     modifications which integrate the provisions into the 
     reporting requirements of the Post-Katrina Emergency 
     Management Reform Act of 2006.
     Section 407. Federal preparedness
       There is no comparable House provision.
       A critical component of any incident command system is the 
     use of common terminology for disaster response resources to 
     ensure the correct resources are deployed to and used in an 
     incident. Credentialing and typing involves using a common 
     naming system to classify the capabilities or attributes

[[Page 20725]]

     of personnel and equipment, and is a fundamental part of the 
     ICS. In order to fully implement ICS, section 1002 of the 
     Senate bill requires DHS to establish standards for 
     credentialing and typing personnel and other assets likely to 
     be used to respond to disasters.
       The Conference substitute adopts the Senate provision with 
     modifications, amending the Post-Katrina Emergency Management 
     Act to clarify that the typing and credentialing provisions 
     will be used to enhance our national preparedness system. The 
     Conference agrees that the typing and credentialing 
     provisions are an essential part of enhancing our national 
     preparedness system and that once completed, such data must 
     be regularly updated so that an inventory of available 
     resources is available to the Administrator of FEMA to aid in 
     preparing for and responding to disasters.
     Section 408. Credentialing and typing
       There is no comparable House provision.
       Section 1002 of the Senate bill requires DHS to establish 
     standards for credentialing and typing personnel and other 
     assets likely to be used to respond to disasters. Once the 
     standards have been developed, the language requires DHS and 
     other Federal agencies with responsibilities under the 
     National Response Plan to type, credential, and inventory 
     personnel and resources likely to be used in disaster 
     response, to allow FEMA to be able to effectively coordinate 
     the deployment and use of Federal resources in disaster 
     response. The Senate bill also directs FEMA to distribute 
     standards to Federal agencies with responsibilities under the 
     National Response Plan, and State and local governments.
       The Conference substitute adopts the Senate provisions with 
     some modifications, requiring Federal agencies to credential 
     and type incident management personnel, emergency response 
     providers, and other personnel (including temporary 
     personnel) and resources likely needed to respond to a 
     disaster. The Conference substitute also requires the 
     Administrator of FEMA to distribute standards and detailed 
     written guidance to Federal, State, local, and tribal 
     governments that may be used by such governments to 
     credential and type incident management personnel, emergency 
     response providers, and other personnel (including temporary 
     personnel) and other resources likely needed to respond to 
     disasters.
     Section 409. Model standards and guidelines for critical 
         infrastructure workers
       There is no comparable House provision.
       Section 1002 of the Senate bill requires FEMA, working with 
     Federal, State, local, and tribal governments, and the 
     private-sector to establish model standards and guidelines 
     for credentialing critical infrastructure workers that may be 
     used by a State to credential critical infrastructure workers 
     that may respond to disasters.
       The Conference substitute adopts the Senate language with 
     minor modifications. The Conference notes that responsibility 
     and authority for access of critical infrastructure workers 
     to disaster sites generally resides with State and local 
     governments, except in limited circumstances, and that this 
     section does not alter those responsibilities and 
     authorities.
     Section 410. Authorization of appropriations
       There is no comparable House provision.
       Section 1002 of the Senate bill authorizes the 
     appropriation of such sums as necessary to carry out the 
     section.
       The Conference substitute adopts the Senate language with 
     minor modifications.

  TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

     Section 501. Homeland security information sharing
       Section 723 of the House bill includes several provisions 
     to improve homeland security information sharing. Among other 
     things, it directs the Secretary of Homeland Security (the 
     Secretary), acting through the Under Secretary for 
     Intelligence and Analysis, to establish a comprehensive 
     information technology network architecture for the 
     Department of Homeland Security's (the Department or DHS) 
     Office of Intelligence and Analysis; requires the Secretary 
     to submit an implementation plan and progress report to 
     Congress in order to monitor the development of that 
     architecture; and encourages its developers to adopt the 
     functions, methods, policies, and network qualities 
     recommended by the Markle Foundation.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     modifications. It deletes the reference to an implementation 
     plan for the comprehensive information technology network 
     architecture and instead includes new text to reflect the 
     purpose of that architecture: to connect the various 
     databases and related information technology assets of the 
     Office of Intelligence and Analysis and the intelligence 
     components of the Department in order to promote internal 
     information sharing within the Department. The Conference 
     substitute likewise deletes references to the Markle 
     Foundation. The Conference nevertheless concurs that the 
     architecture in question should, to the extent possible, 
     incorporate the approaches, features, and functions of the 
     information sharing network proposed by the Markle Foundation 
     in reports issued in October 2002 and December 2003, known as 
     the System-wide Homeland Security Analysis and Resource 
     Exchange (SHARE) Network.
       The Conference substitute also directs the Secretary to 
     designate ``Information Sharing and Knowledge Management 
     Officers'' within each intelligence component to coordinate 
     information sharing efforts and assist the Secretary with the 
     development of feedback mechanisms to State, local, tribal, 
     and private sector entities. The Conference concurs that the 
     Department's outreach to State, local, and tribal 
     intelligence and law enforcement officials has been haphazard 
     and often accompanied by less than timely results. While it 
     can point to many successful examples of coordination and 
     collaboration with State, local, tribal, and private sector 
     officials, the Office of Intelligence and Analysis must 
     increase its involvement with them and appropriately 
     incorporate their non-Federal information into the 
     Department's intelligence products. In addition, it is 
     essential that the Department provide feedback to these non-
     Federal partners--both to encourage their contributions going 
     forward and to provide helpful guidance for future 
     contributions. The information sharing and knowledge 
     management officers under this section should play a key role 
     in helping to address these gaps.
     Section 502. Intelligence component defined
       Section 723 of the House bill defines ``intelligence 
     component of the Department'' as ``any directorate, agency, 
     or element of the Department that gathers, receives, 
     analyzes, produces, or disseminates homeland security 
     information'' except: (1) ``a directorate, agency, or element 
     of the Department that is required to be maintained as a 
     distinct entity'' under the Homeland Security Act of 2002 (6 
     U.S.C. 101); and (2) ``any personnel security, physical 
     security, document security, or communications security 
     program within any directorate, agency, or element of the 
     Department.''
       Although Section 111 of the Senate bill includes a similar 
     definition for ``intelligence component of the Department,'' 
     it does not include either of the two exceptions enumerated 
     by the House provision.
       The Conference substitute adopts the House provision, with 
     modifications. In order to capture all of the intelligence 
     information being gathered, received, analyzed, produced, or 
     disseminated that might qualify an element or entity of the 
     Department as an ``intelligence component,'' the Conference 
     has chosen to refer to that universe of information as 
     ``intelligence information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, or national intelligence . . .'' 
     This phrase appears numerous times throughout the Conference 
     substitute.
       The Conference is aware that the Conference substitute 
     defines ``terrorism information'' to include ``weapons of 
     mass destruction information'' in section 504 of the 
     Conference substitute. The Conference, nevertheless, has 
     included both terms when describing ``intelligence 
     information within the scope of the information sharing 
     environment'' for illustrative purposes. This phrase should 
     not be interpreted to give the term ``weapons of mass 
     destruction information'' any meaning other than the 
     definition for it provided in section 504 of the Conference 
     substitute.
       The Conference substitute establishes the position of Under 
     Secretary for Intelligence and Analysis to replace the 
     Assistant Secretary for Information Analysis, commonly known 
     as the Department's Chief Intelligence Officer. The Under 
     Secretary shall also serve as the Department's Chief 
     Intelligence Officer. Through the Secretary, the Under 
     Secretary shall be given new responsibilities, in addition to 
     those of the Assistant Secretary for Information Analysis, in 
     order to drive a common intelligence mission at the 
     Department that involves the full participation of the 
     Department's intelligence components.
       The Conference substitute carves out the United States 
     Secret Service from the definition of ``intelligence 
     component of the Department'' entirely. Subsection (b) 
     nevertheless would require that the Secret Service share all 
     homeland security information, terrorism information, weapons 
     of mass destruction information, national intelligence, or 
     suspect information obtained in criminal investigations with 
     the Under Secretary for Intelligence and Analysis. In 
     addition, the United States Secret Service will cooperate 
     with the Under Secretary concerning information sharing and 
     information technology activities outlined in sections 204 
     and 205 of the Homeland Security Act of 2002. The Conference 
     also expects that the Secret Service will provide training 
     and guidance to its employees, officials, and senior 
     executives in a manner that is comparable to the training 
     provided to intelligence component personnel under section 
     208 of the Homeland Security Act of 2002.
       The Conference intends that the United States Secret 
     Service should participate to the fullest extent in the 
     integration and

[[Page 20726]]

     management of the intelligence enterprise of the Department. 
     Given unique operational equities of the United States Secret 
     Service, however, the Conference does not believe that it is 
     appropriate to specifically identify the United States Secret 
     Service as an ``intelligence component'' of the Department. 
     The provision also clarifies that nothing in this Act 
     interferes with the position of the United States Secret 
     Service as a ``distinct entity'' within the Department.
       Subsection (b) carves out the Coast Guard from the 
     definition of ``intelligence component of the Department'' 
     when it is engaged in certain activities or acting under or 
     pursuant to particular authorities. The Conference concurs 
     that nothing in this section shall provide the Under 
     Secretary for Intelligence and Analysis with operational or 
     other tasking authority over the Coast Guard. The Conference 
     nevertheless believes that the Coast Guard should collaborate 
     and participate in the intelligence enterprise of the 
     Department of Homeland Security.
     Section 503. Role of intelligence components, training, and 
         information sharing
       Section 742 of the House bill delineates several key 
     responsibilities for the head of each intelligence component 
     of the Department regarding support for, and coordination and 
     cooperation with, the Under Secretary for Intelligence and 
     Analysis in the areas of acquisition, analysis, and 
     dissemination of homeland security information; performance 
     appraisals, bonus or award recommendations, pay adjustments, 
     and other forms of commendation; recruitment and selection of 
     intelligence officials of intelligence components detailed to 
     the Office of Intelligence and Analysis; reorganization and 
     restructuring of intelligence components; and program and 
     policy compliance.
       Section 114 of the Senate bill, in turn, establishes 
     information sharing incentives for employees and officers 
     across the Federal Government by providing the President and 
     agency heads with the discretion to consider, when making 
     cash awards for outstanding performance, an employee's or 
     officer's success in sharing information within the scope of 
     the information sharing environment (ISE) described in 
     Section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485). It also requires 
     agency and department heads to adopt best practices to 
     educate and motivate employees and officers to participate 
     fully in that environment--through, among other things, 
     promotions, other nonmonetary awards, and recognition for a 
     job well done.
       The Conference substitute combines the House and Senate 
     provisions, with modifications.
       The Conference concurs that creating these additional 
     responsibilities for the heads of the intelligence components 
     will institute a clearer relationship between the Under 
     Secretary for Intelligence and Analysis and the intelligence 
     components of the Department. Successful implementation of 
     this section should result in a strengthened departmental 
     intelligence capability allowing information and intelligence 
     to be seamlessly fused into intelligence products that are 
     truly National. It would integrate information obtained at 
     America's land and maritime borders; from State and local 
     governments; and including intelligence on ports, mass 
     transit facilities, chemical plants, and other critical 
     infrastructure. While the Department has taken many solid 
     steps in this direction since the completion of the Second 
     Stage Review in July 2005, the Conference believes that the 
     Secretary must redouble efforts to better integrate the 
     intelligence components of the Department internally.
       The Conference notes that one of the greatest challenges to 
     establishing the ISE is conveying its importance to employees 
     and officers across the Federal Government who are being 
     asked to do something new and--in many cases--foreign to 
     them. Incentives will motivate many such employees and 
     officers to educate themselves about the guidelines, 
     instructions, policies, procedures, and standards that are 
     applicable to the ISE and how their particular agency or 
     department is incorporating them into its culture. The 
     Conference observes, however, that nothing in this section 
     should be construed to prohibit an agency or department head, 
     in consultation with the program manager of the ISE under 
     section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485) (``ISE Program 
     Manager''), from prescribing appropriate penalties for 
     failing to participate fully in the ISE.
     Section 504. Information sharing
       There is no comparable House provision.
       Section 112 of the Senate bill amends section 1016 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 by 
     broadening the definition of ``terrorism information'' to 
     include both homeland security information and weapons of 
     mass destruction information and by defining ``weapons of 
     mass destruction information.'' Senate Section 112 likewise 
     eliminates the temporary terms of both the ISE Program 
     Manager and the Information Sharing Council, set to expire in 
     April 2007, and makes them permanent. Additionally, it 
     enhances the ISE Program Manager's government-wide authority 
     not only by clarifying the Program Manager's existing 
     authority over the information sharing activities of Federal 
     agencies but also by establishing new authorities to (1) 
     issue government-wide information sharing standards; (2) 
     identify and resolve information sharing disputes; and (3) 
     identify to the Director of National Intelligence appropriate 
     personnel from agencies represented on the Information 
     Sharing Council for detail assignments to the Program Manager 
     to support staffing needs. Senate Section 112 also authorizes 
     up to 40 FTEs and $30,000,000 in each of the next two fiscal 
     years to support the Program Manager. Finally, it requires 
     the government to report on the feasibility of eliminating 
     Originator Control markings, adopting an authorized use 
     standard for information sharing, and using anonymized data 
     to promote information sharing.
       The Conference substitute adopts the Senate provision, with 
     modifications. Among other things, it excludes ``homeland 
     security information'', as defined in Section 892(f) of the 
     Homeland Security Act of 2002, from the definition of 
     ``terrorism information''. The specialized missions of the 
     Department create for it a unique role within the larger 
     Intelligence Community that requires, among other things, 
     specific information for preventing, interdicting, and 
     disrupting terrorist activity and securing the homeland in 
     the aftermath of a terrorist attack. Accordingly, the 
     Conferees concur that ``homeland security information'' is 
     sufficiently distinct from the more broadly defined 
     ``terrorism information'' to merit keeping the definitions 
     separate.
     Section 511. Department of Homeland Security State, Local, 
         and Regional Fusion Center initiative
       Section 732 of the House bill directs the Secretary to 
     establish a DHS State, Local, and Regional Fusion Center 
     Initiative to coordinate the Department's intelligence 
     efforts with State, local, and regional fusion centers; 
     assist fusion centers with carrying out their homeland 
     security duties; facilitate information sharing efforts 
     between fusion centers and the Department; encourage 
     nationwide and integrated information sharing among fusion 
     centers themselves; and incorporate robust privacy and civil 
     liberties safeguards and training into fusion center 
     operations.
       Section 121 of the Senate bill contains comparable 
     language.
       The Conference concurs that the DHS State, Local, and 
     Regional Fusion Center Initiative is key to Federal 
     information sharing efforts and must succeed in order for the 
     Department to remain relevant in the blossoming State and 
     local intelligence community. State, local, and regional 
     fusion centers are being successfully established across the 
     country by State and local law enforcement and intelligence 
     agencies. The Conference agrees that the Department's Office 
     of Intelligence and Analysis, which has a primary 
     responsibility for sharing information with State, local, and 
     regional officials, needs to play a stronger, more 
     constructive role in assisting these centers and are pleased 
     to see that the Department has begun doing so. However, the 
     Department must act quickly, thoroughly, and cooperatively in 
     order to provide the maximum amount of support for these 
     centers.
       The Conference applauds the State, local, and regional 
     efforts to make fusion centers a reality and the dedication 
     of those who staff those centers. The Conference notes, 
     however, that although fusion centers are led, operated, and 
     otherwise run by States and localities, there is a need for a 
     common baseline of operations at fusion centers in order to 
     attain not only their full potential but also the full 
     potential of the various initiatives undertaken in the 
     Conference agreement. The Conference expects that the grant 
     process established in the Conference substitute, the 
     qualifying criteria for fusion centers wishing to participate 
     in the DHS State, Local, and Regional Fusion Center 
     Initiative, and the guidelines for fusion centers included in 
     the Conference substitute will all help create a common 
     baseline of operations for fusion centers that will ensure 
     their success into the future.
       The Conference substitute adopts Section 121 of the Senate 
     bill, with modifications, to reflect the key functionalities 
     and priorities of the Border Intelligence Fusion Center 
     Program established in Section 712 of the House bill. That 
     Program was designed to provide the Department with a more 
     robust ``border intelligence'' capability--a capability 
     essential to improving the Department's ability to interdict 
     terrorists, weapons of mass destruction, and related 
     contraband at America's land and maritime borders. The 
     Conference concurs that the Department can make better use of 
     its resources, and obtain better situational awareness of 
     terrorist threats at or involving those borders, by 
     partnering more effectively with State, local, and tribal law 
     enforcement officers in relevant jurisdictions. With better 
     information sharing, those officers can act as ``force 
     multipliers'' that may very well help prevent the next 
     terrorist attack from abroad.
       The Conference believes that by deploying officers and 
     intelligence analysts from United States Customs and Border 
     Protection (CBP), United States Immigration and Customs 
     Enforcement (ICE), and the Coast

[[Page 20727]]

     Guard to fusion centers participating in the Program, the 
     Department can increase its capacity to create accurate, 
     actionable, and timely border intelligence products aimed at 
     this threat. In order to maximize their effectiveness, CBP, 
     ICE, and Coast Guard officers and analysts creating border 
     intelligence products should not only include the input of 
     police and sheriffs' officers as part of their process, but 
     also should ensure that those products actually respond to 
     the needs of officers in the field as expressed by those 
     officers. The Conference accordingly believes that the 
     Department personnel assigned to fusion centers under this 
     section should communicate with State, local, and tribal law 
     enforcement officers not only at fusion centers but also in 
     their actual communities where they are headquartered.
       While the Conference believes that the Department's effort 
     at State, local, and regional fusion centers is a critical 
     one that should be encouraged, they note that it is not the 
     only such effort. The Federal Bureau of Investigation (FBI), 
     for example, has had long-standing relationships with State, 
     local, and tribal law enforcement and other emergency 
     response providers through Joint Terrorism Task Forces 
     (JTTFs) across the country and has established Field 
     Intelligence Groups (FIGs) that are, in many case, colocated 
     with the fusion centers. Those relationships have continued 
     through the JTTFs, FIGs, and an established and growing FBI 
     presence at many fusion centers. Nothing in this section 
     should be construed to subordinate the role of the FBI to the 
     Department's own efforts with the JTTFs and at fusion 
     centers. On the contrary, it is the Conferees hope that the 
     Department, the FBI, and other Federal agencies will 
     coordinate as equal players at State, local, and regional 
     fusion centers in order to form a united Federal partnership 
     with their State and local counterparts on the front lines of 
     the nation's homeland security efforts.
       Further, the Conference recognizes that the Coast Guard is 
     establishing Interagency Operations Command Centers (IOCC's) 
     pursuant to the SAFE Port Act and authorized under Section 
     70107A of title 46, United States Code. IOCC's are being 
     developed as model Federal centers to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism in the maritime domain. 
     Nothing in this section should be construed to subordinate 
     the role of the Coast Guard's efforts with the IOCC's.
       Finally, the Conference recognizes, consistent with the 
     Fusion Center Guidelines produced jointly by the Department 
     of Justice and DHS, the important role of the public safety 
     component in the fusion process. Emergency response providers 
     are able to provide valuable information to the overall 
     intelligence picture; likewise, the fusion process may 
     provide advance information that enables essential 
     preparation measures to enable a more effective response. 
     Therefore, while the Conference stresses that State and local 
     governments must ultimately determine the mission, 
     composition, operating procedures, and communication channels 
     of fusion centers and the fusion process, they emphasize the 
     inherent value in including emergency response providers 
     within the governance structure making these determinations. 
     Nothing in this section is intended to mandate that 
     representatives of the emergency response provider community 
     should be physically located in all fusion centers or that 
     their mission should shift emphasis from the missions of the 
     intelligence and law enforcement communities. Rather, the 
     Conference intends that fusion center governing boards and 
     the fusion process should be structured so as to enable the 
     consideration of nontraditional information from emergency 
     response providers in a collaborative environment.
     Section 512. Homeland Security Information Sharing Fellows 
         Program
       Section 733 of the House bill directs the Secretary, 
     through the Under Secretary for Intelligence and Analysis, to 
     establish a fellowship program for State, local, and tribal 
     officials to rotate into the Office of Intelligence and 
     Analysis in order to identify for Department intelligence 
     analysts the kinds of homeland security information that are 
     of interest to State, local, and tribal law enforcement and 
     other emergency response providers; assist Department 
     intelligence analysts in writing intelligence reports in a 
     shareable format that provides end users with accurate, 
     actionable, and timely information without disclosing 
     sensitive sources and methods; serve as a point of contact 
     for State, local, and tribal law enforcement officers and 
     other emergency response providers in the field who want to 
     share information with the Department; and assist in the 
     dissemination of homeland security information to appropriate 
     end users.
       Section 122 of the Senate bill contains nearly identical 
     language.
       The Conference substitute adopts the Senate's provision, as 
     modified. The Conference concurs that implementation of this 
     section will help break down the cultural barriers to 
     information sharing by teaming State, local, and tribal 
     homeland security and law enforcement officers with the 
     Department intelligence analysts tasked with creating 
     intelligence products for them. The Conference notes that 
     this section will complement the DHS State, Local, and 
     Regional Fusion Center Initiative by providing State, local, 
     and tribal officials with better insight and input into the 
     Department's information sharing operations and allowing them 
     to play a greater role in the Department's information 
     sharing effort.
     Section 513. Rural Policing Institute
       There is no comparable House provision.
       Section 123 of the Senate bill creates a ``Rural Policing 
     Institute'' that is to be administered by the Federal Law 
     Enforcement Training Center. The Institute would provide 
     training for local and tribal law enforcement officers 
     located in rural areas--defined as those areas not located 
     within metropolitan statistical areas, as defined by the 
     Office of Management and Budget--and would be tailored to law 
     enforcement requirements that are unique to those areas. 
     Section 123 would require the inclusion of several law 
     enforcement topics in the curriculum, including 
     methamphetamine addiction and distribution, domestic 
     violence, and law enforcement response to school shootings. 
     It likewise requires an assessment of these and other 
     requirements and the development of a curriculum to address 
     those requirements. Section 123 authorizes $10 million for 
     Fiscal Year 2008 for the administration of the program and $5 
     million for each of Fiscal Years 2009 through 2013.
       The Conference substitute adopts the Senate provision, with 
     modifications. It broadens the Institute's focus to encompass 
     not only law enforcement agencies but also other emergency 
     response providers located in rural areas. Moreover, it 
     deletes the references to training related to specific 
     criminal offenses, and replaces them with training programs 
     with a greater focus on homeland security in the areas of 
     intelligence-led policing and protections for privacy, civil 
     right, and civil liberties.
     Section 521. Interagency Threat Assessment and Coordination 
         Group
       There is no comparable House provision.
       Section 131 of the Senate bill directs the Information 
     Sharing Environment (ISE) Program Manager to oversee and 
     coordinate the creation of an Interagency Threat Assessment 
     and Coordination Group (ITACG) that has as its primary 
     mission the production of Federally coordinated products 
     derived from information within the scope of the ISE for 
     distribution to State, local, and tribal government officials 
     and the private sector. Section 131 of the Senate bill 
     locates the ITACG at the National Counterterrorism Center 
     (NCTC) and directs the Secretary to assign a senior level 
     officer to manage and direct the administration of the ITACG; 
     to determine how specific products should be distributed to 
     end users; and to establish standards for the admission of 
     law enforcement and intelligence officials from State, local, 
     or tribal governments into the ITACG. Section 131 of the 
     Senate bill further prescribes the membership of the ITACG--
     including State, local, and tribal law enforcement and 
     intelligence officials--and directs the ISE Program Manager 
     to establish criteria for the selection of those officials 
     and for the proper handling and safeguarding of information 
     related to terrorism.
       The Conference substitute adopts the Senate provision, with 
     modifications. The Conference notes that the ITACG has roots 
     in, among other places, the ISE Implementation Plan (the 
     Plan) prepared by the ISE Program Manager in November 2006 to 
     ensure the timely and effective production, integration, 
     vetting, sanitization, and communication of terrorism 
     information to the Federal Government's State, local, and 
     tribal partners. The Plan explained that a ``primary purpose 
     of the ITACG will be to ensure that classified and 
     unclassified intelligence produced by Federal organizations 
     within the intelligence, law enforcement, and homeland 
     security communities is fused, validated, deconflicted, and 
     approved for dissemination in a concise and, where possible, 
     unclassified format'' to State, local, and tribal officials. 
     The ISE Program Manager envisioned having the ITACG based at 
     the NCTC and managed on a day-to-day basis by a senior 
     Department official. The ISE Program Manager likewise 
     envisioned that the Department and the Department of Justice 
     would share the decision-making authority regarding how to 
     disseminate various types of information to State, local, and 
     tribal officials and the private sector.
       The Conference substitute bifurcates the ITACG into two 
     distinct entities. The first entity, an ITACG Advisory 
     Council chaired by the Secretary or the Secretary's designee, 
     shall set policy and develop processes for the integration, 
     analysis, and dissemination of Federally-coordinated 
     information within the scope of the ISE, including homeland 
     security information, terrorism information, and weapons of 
     mass destruction information. The second entity, an ITACG 
     Detail created by the Secretary and managed by a senior 
     Department intelligence official, shall be comprised of 
     State, local, and tribal homeland security and law 
     enforcement officers detailed to work in the NCTC with NCTC 
     and other Federal intelligence analysts. Participants in the 
     ITACG Detail shall

[[Page 20728]]

     integrate, analyze, and assist the dissemination of the 
     aforementioned information to appropriate State, local, 
     tribal, and private sector end users.
       The Conference strongly believes that the ITACG presents 
     the Department with a unique opportunity to realize its 
     mission as the primary source of accurate, actionable, and 
     timely homeland security information for its State, local, 
     tribal and private sector partners that Congress had 
     originally envisioned in the Homeland Security Act of 2002 (6 
     U.S.C. 101). The Department should seize the moment. The 
     ITACG will provide the Department and the wider Intelligence 
     Community with an unmatched ability to identify information 
     that is of interest and utility to those partners; produce 
     reports which can be disseminated to them in an unclassified 
     format or at the lowest possible classification level; and 
     assist in the targeted dissemination of particular 
     intelligence products to appropriate end users. By building 
     upon the Department's customer service approach to 
     information sharing, Department leadership of the ITACG will 
     help the Department and other Federal agencies co-located at 
     the NCTC to leverage their existing ties with their State, 
     local, tribal, and private sector counterparts and ultimately 
     invigorate the two-way flow of information with them that the 
     9/11 Commission identified as critical to making the homeland 
     more secure.
       While the Secretary will play the primary role in 
     establishing and maintaining the ITACG Detail and shall 
     detail a senior intelligence official from the Department to 
     manage its day-to-day activities, the Department is reminded 
     that it is a guest in the NCTC. As direct reports to the 
     Director of the NCTC, the senior intelligence official from 
     the Department and the ITACG detailees themselves must comply 
     with all policies, procedures, and rules applicable to other 
     staff working in the NCTC--including any mandatory polygraph 
     examination for NCTC staff. Neither the ITACG Advisory 
     Council nor the ITACG Detail are in any way intended to 
     impede, replicate, or supplant the analytic and/or production 
     efforts of the NCTC, nor are they intended to duplicate, 
     impede, or otherwise interfere with existing and established 
     counterterrorism roles and responsibilities.
       With regard to the preparation, review, and dissemination 
     of products from the ITACG Detail, it is the Conference's 
     intent that those products be subject to the same policies, 
     procedures, and rules applicable to NCTC products. Pursuant 
     to 102A(f)(1)(B)(iii) and 119(f)(E) of the National Security 
     Act of 1947 (50 U.S.C. 402 et seq.), it is the Conference's 
     further intent that the Director should act as a gatekeeper 
     when providing products prepared by the ITACG Detail to the 
     Department, the Department of Justice, and other appropriate 
     agencies for dissemination to State, local, tribal, and 
     private sector end users. Nothing in this section should be 
     construed to mean that the Director may distribute products 
     prepared by the ITACG Detail directly to those end users.
       Finally, the Conference agrees that the privacy and civil 
     liberties impact assessment required under this section shall 
     specifically address how the ITACG will incorporate the 
     Guidelines to Implement Information Privacy Rights and other 
     Legal Protections in the Development and Use of the 
     Information Sharing Environment released by the President on 
     November 22, 2006 (Presidential Guidelines) to protect 
     privacy rights and civil liberties.
     Section 531. Office of Intelligence and Analysis and Office 
         of Infrastructure Protection
       The Homeland Security Act of 2002 (6 U.S.C. 101) created an 
     Under Secretary for Information Analysis, assisted by an 
     Assistant Secretary for Information and Analysis and an 
     Assistant Secretary for Infrastructure Protection, and 
     specified the Under Secretary's primary responsibilities. 
     These include: (1) receiving and analyzing law enforcement 
     information, intelligence, and other lawfully obtained 
     information in order to understand the nature and scope of 
     the terrorist threat to the United States homeland; (2) 
     integrating relevant information to produce and disseminate 
     infrastructure vulnerabilities assessments; (3) analyzing 
     that information to identify and prioritize the types of 
     protective measures to be taken; (4) making recommendations 
     for information sharing and developing a national plan that 
     would outline recommendations to improve the security of key 
     resources; (5) administering the Homeland Security Advisory 
     System; (6) exercising primary responsibility for public 
     threat advisory and providing specific warning information to 
     State and local governments and the private sector, as well 
     as advice about appropriate protective actions and 
     countermeasures; (7) making recommendations for improvements 
     in the policies and procedures governing the sharing of law 
     enforcement, intelligence, and other information relating to 
     homeland security within the Federal government and between 
     the Federal government and State and local governments.
       Following the completion of the Department's Second Stage 
     Review in July of 2005, the Secretary renamed the Office of 
     Information Analysis the ``Office of Intelligence and 
     Analysis'' and gave it responsibilities in addition to those 
     outlined in the Homeland Security Act. In addition to its 
     statutory duties, one of the major responsibilities for the 
     new Office of Intelligence and Analysis is to serve as the 
     Chief Intelligence Office of the Department--taking 
     responsibility for leading the intelligence components of the 
     Department.
       Sections 741 and 743 of the House bill reflect these 
     changes by statutorily reorganizing the Directorate for 
     Information Analysis and Infrastructure Protection by doing 
     away with the Directorate and the Under Secretary for 
     Information Analysis and Infrastructure Protection position 
     and officially establishing in its place a separate Office of 
     Intelligence and Analysis, elevating the Assistant Secretary 
     for Information and Analysis to an Under Secretary for 
     Intelligence and Analysis as its head; and a separate Office 
     of Infrastructure Protection, headed by the Assistant 
     Secretary for Infrastructure Protection. Sections 741 and 743 
     of the House bill likewise divide the responsibilities of the 
     former Under Secretary for Information Analysis and 
     Infrastructure Protection outlined in Section 201(d) of the 
     Homeland Security Act between the new Under Secretary for 
     Intelligence and Analysis and new Assistant Secretary for 
     Infrastructure Protection. Section 741 in the House bill also 
     adds several new responsibilities for the Under Secretary for 
     Intelligence and Analysis.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provisions, with 
     substantial modifications. While the Conference agrees with 
     the Department's consolidation of the duties of the Office of 
     Intelligence and Analysis, they also believe that the powers 
     of the Department's Chief Intelligence Officer can only be 
     effectively wielded by an Under Secretary. Therefore, this 
     section amends the Homeland Security Act of 2002 (6 U.S.C. 
     101) to restructure the Department to reflect the changes 
     wrought by the Second Stage Review by elevating the Assistant 
     Secretary for Information Analysis to Under Secretary for 
     Intelligence and Analysis and by officially establishing an 
     Office of Intelligence and Analysis and an Office of 
     Infrastructure Protection.
       The Conference substitute retains those authorities from 
     Section 201(d) of the Homeland Security Act in the Secretary 
     for delegation to the appropriate officials. Those 
     authorities include a new authority in the Conference 
     agreement, to be carried out most likely by the Under 
     Secretary for Intelligence and Analysis: the provision of 
     guidance to the heads of intelligence components on 
     developing budgets, and the presentation of recommendations 
     for a consolidated intelligence budget to the Secretary.
       Finally, the Conference substitute establishes an 
     additional Under Secretary responsible for overseeing 
     critical infrastructure protection, cybersecurity, and other 
     related programs of the Department.

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

     Section 601. Availability to public of certain intelligence 
         funding information
       There is no comparable House provision.
       Section 1201 of the Senate bill requires the President to 
     disclose to the public the aggregate amount of funds 
     requested for the National Intelligence Program for each 
     fiscal year. It also would require Congress to disclose to 
     the public the aggregate amount authorized to be appropriated 
     and the aggregate amount appropriated for the National 
     Intelligence Program. The 9/11 Commission recommended in 2004 
     that the aggregate amount of funding for national 
     intelligence be declassified, and in 2004 the Senate-passed 
     version of the Intelligence Reform and Terrorism Prevention 
     Act included a similar provision.
       The Conference substitute adopts the Senate provision with 
     modifications. The Conference substitute requires the 
     Director of National Intelligence to disclose to the public 
     the aggregate amount of funds appropriated by Congress for 
     the National Intelligence Program, beginning with Fiscal Year 
     2007. Beginning with Fiscal Year 2009, it allows the 
     President to waive or postpone this disclosure by submitting 
     to the Select Committee on Intelligence of the Senate and 
     Permanent Select Committee of the House of Representatives an 
     unclassified statement that the disclosure would damage 
     national security, and a statement detailing the reasons for 
     the waiver or postponement, which may be submitted in 
     classified form.
     Section 602. Public Interest Declassification Board
       There is no comparable House provision.
       Section 1203 of the Senate bill authorizes the Public 
     Interest Declassification Board, upon receiving a 
     Congressional request, to conduct a review and make 
     recommendations regardless of whether the review is requested 
     by the President. It further provides that any 
     recommendations submitted by the Board to the President shall 
     also be submitted to the Chairman and Ranking Minority Member 
     of the requesting Committee and extends the authorization of 
     the Board for four years until the end of 2012.
       As described in its report on activities in the 109th 
     Congress (S. Rep. No. 110-57, at p. 26), in September 2006, 
     the Senate Select Committee on Intelligence released two 
     reports on prewar intelligence regarding Iraq.

[[Page 20729]]

     In the introduction to one, the Committee expressed 
     disagreement with the Intelligence Community's decision to 
     classify portions of the report. Members of the Committee 
     wrote to the then recently constituted Public Interest 
     Declassification Board to request that it review the material 
     and make recommendations about its classification. The Board 
     responded that it might not be able to do so without White 
     House authorization. In December 2006, the Board wrote to 
     Congress to request that the statute establishing the Board 
     be clarified to enable it to begin, without White House 
     approval, a declassification review requested by Congress.
       The Conference substitute adopts the Senate provision with 
     minor technical and conforming changes to the Public Interest 
     Declassification Act of 2000 (50 U.S.C. 435 note) to 
     substitute the ``Director of National Intelligence'' for the 
     ``Director of Central Intelligence.''
     Section 603. Sense of the Senate regarding a report on the 9/
         11 Commission recommendations with respect to 
         intelligence reform and congressional intelligence 
         oversight reform
       There is no comparable House provision.
       Section 1204 of the Senate bill makes findings related to 
     the 9/11 Commission's recommendation on Congressional 
     oversight of intelligence. It expresses the Sense of the 
     Senate that the Committee on Homeland Security and 
     Governmental Affairs and the Select Committee on Intelligence 
     of the Senate should undertake a review of the 
     recommendations made in the final report of the 9/11 
     Commission with respect to intelligence reform and 
     Congressional intelligence oversight reform, review and 
     consider other suggestions, options, or recommendations for 
     improving intelligence oversight, and not later than December 
     21, 2007, submit to the Senate a joint report or individual 
     reports that include the recommendations of the Committees, 
     if any, for carrying out such reforms.
       The Conference substitute adopts the Senate provision.
     Section 604. Availability of funds for the Public Interest 
         Declassification Board
       There is no comparable House provision.
       Section 1205 of the Senate bill allows the National 
     Archives and Records Administration to obligate monies to 
     carry out the activities of the Public Interest 
     Declassification Board from the Continuing Appropriations 
     Resolution of 2007, as amended.
       The Conference substitute adopts the Senate provision.
     Section 605. Availability of the executive summary of the 
         Report on Central Intelligence Agency Accountability 
         Regarding the Terrorist Attacks of September 11, 2001
       There is no comparable House provision.
       Section 1206 of the Senate bill provides that not later 
     than 30 days after the enactment of this Act, the CIA 
     Director shall prepare and make available to the public a 
     version of the Executive Summary of a report by the CIA 
     Inspector General that is declassified to the maximum extent 
     possible consistent with national security.
       The underlying document is the Office of Inspector General 
     Report on Central Intelligence Agency Accountability 
     Regarding Findings and Conclusions of the Joint Inquiry Into 
     Intelligence Community Activities Before and After September 
     11, 2001.
       The CIA Director is to submit to Congress a classified 
     annex that explains why any redacted material in the 
     Executive Summary was withheld from the public. The Senate 
     Select Committee on Intelligence includes a similar provision 
     in its Intelligence Authorization Act for Fiscal Year 2008. 
     The Committee's efforts to obtain this measure of public 
     accountability are detailed in its report on the Committee's 
     activities in the 109th Congress, S. Rep. No. 110-57, at pp. 
     24-26 (2007).
       The Conference substitute adopts the Senate provision.

                      TITLE VII--TERRORIST TRAVEL

     Section 701. Report on international collaboration to 
         increase border security, enhance global document 
         security, and exchange terrorist information
       Section 611 of the House bill requires the Department of 
     Homeland Security (the Department or DHS), in conjunction 
     with the Director of National Intelligence and the heads of 
     other relevant Federal agencies, to submit a report to 
     Congress outlining the actions the U.S. government has taken 
     to collaborate with international partners to increase border 
     security, enhance document security, and exchange information 
     about terrorists.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 711. Modernization of the Visa Waiver Program
       There is no comparable House provision.
       Section 501 of the Senate bill enhances the security 
     requirements in the Visa Waiver Program and provides for the 
     program's limited expansion. This section authorizes the 
     development and implementation of an electronic travel 
     authorization system under which each Visa Waiver Program 
     traveler would electronically provide information, in advance 
     of travel, necessary to determine whether the individual is 
     eligible to travel to the United States. The Section also 
     requires the Secretary of Homeland Security (the Secretary) 
     to establish an exit system that records the departure of 
     every alien who entered under the Visa Waiver Program and 
     departed the United States by air. In addition to existing 
     program requirements, all Visa Waiver Program countries are 
     required to enter into agreements with the United States to 
     report information about the theft or loss of passports, 
     accept repatriation of its citizens, and share information 
     about whether a national of that country traveling to the 
     United States represents a threat to U.S. security.
       Section 501 permits the Secretary of Homeland Security, in 
     consultation with the Secretary of State, to waive the 
     existing 3 percent nonimmigrant visa refusal rate 
     requirement, up to 10 percent, for admission into the Visa 
     Waiver Program. Alternatively, the Secretary can waive the 
     existing 3 percent nonimmigrant visa refusal rate if a 
     country's nationals do not exceed a rate, set by the 
     Secretary, of overstaying their authorized admission in the 
     United States. This waiver authority is only granted to 
     countries meeting additional security criteria, including 
     cooperating in counterterrorism initiatives, and only when 
     the Secretary determines that security or law enforcement 
     interests of the United States will not be compromised. 
     Before exercising a waiver, the Secretary must also certify 
     to Congress that an air exit system is in place that can 
     verify the departure of not less than 97 percent of foreign 
     nationals who exit by air.
       The Conference adopts the Senate provision, with 
     modifications.
       The Conference recognizes that the Visa Waiver Program, 
     which Congress established in 1986, has benefitted commerce 
     and tourism between the United States and participating Visa 
     Waiver Program countries. The Conference believes that a 
     modernization of the program is long overdue and that a 
     careful and controlled expansion to countries who have not 
     quite met existing program entrance requirements but who have 
     been partners with the U.S. in fighting terrorism is 
     appropriate in order to promote greater international 
     security cooperation. In the wake of the terrorist attacks of 
     September 11, 2001 and subsequent foiled terror plots, the 
     imperative for reform is greater than ever.
       The Conference agrees on the need for significant security 
     enhancements to the entire Visa Waiver Program as set forth 
     in the Senate bill and to the implementation of the 
     electronic travel authorization system prior to permitting 
     the Secretary to admit new countries under his new waiver 
     authority. The Conference mandates that the Secretary develop 
     such an electronic travel authorization system to collect 
     biographical and such other information from each prospective 
     Visa Waiver Program traveler necessary to determine whether 
     the alien is eligible to travel under the program and whether 
     a law enforcement or security risk exists in permitting the 
     alien to travel to the United States. The Conference believes 
     the Secretary should check the information collected in the 
     electronic travel authorization system against all 
     appropriate databases, including lost and stolen passport 
     databases such as that maintained by Interpol. The Conference 
     believes that checking travelers from Visa Waiver Program 
     countries against all appropriate watch lists and databases 
     will greatly enhance the overall security of the Visa Waiver 
     Program.
       In addition, the Conference agrees to permit the Secretary 
     of Homeland Security, in consultation with the Secretary of 
     State, to waive the existing 3 percent nonimmigrant visa 
     refusal rate requirement, up to 10 percent, and to allow the 
     Secretary to establish an overstay rate in lieu of the 3 
     percent nonimmigrant visa refusal rate for admission into the 
     Visa Waiver Program. The Conference believes this overstay 
     rate should reflect a reasonable expectation that the country 
     can continue to participate in the VWP under existing 
     statutory criteria.
       The Conference further agrees to provide the Secretary this 
     waiver authority upon certification by the Secretary to 
     Congress that there is an air exit system in place to verify 
     the departure of not less than 97 percent of foreign 
     nationals who exit by air, which may or may not be fully 
     biometric. The Conference also agrees that the ultimate goal 
     is to achieve a fully biometric air exit system, as described 
     in subsection (I) of the bill. Therefore, if such a biometric 
     system is not implemented by June 30, 2009, the Secretary's 
     waiver authority that was based upon his certification of 97 
     percent accuracy of any non-biometric exit system shall be 
     suspended until a biometric exit system is fully operational. 
     Establishment of this biometric system will implement a 9/11 
     Commission recommendation and will enhance our border 
     security and immigration enforcement by ensuring our ability 
     to track the arrivals and departures of foreign nationals.
     Section 721. Strengthening the capabilities of the Human 
         Smuggling and Trafficking Center
       Section 601 of the House bill directs the Secretary, acting 
     through the Assistant Secretary of Homeland Security for 
     Immigration and Customs Enforcement (ICE), to:

[[Page 20730]]

     provide administrative support and funding to the Human 
     Smuggling and Trafficking Center (the Center); ensure the 
     Center is staffed with not fewer than 30 full-time equivalent 
     personnel; and seek reimbursement from the Attorney General 
     and the Secretary of State for costs associated with the 
     participation of their respective departments in the 
     operation of the Center. The section also directs the Office 
     of Intelligence and Analysis (renamed under section 741), in 
     coordination with the Center, to submit to law enforcement 
     and relevant agencies periodic reports regarding terrorist 
     threats related to such smuggling, trafficking, and travel.
       Section 502 of the Senate bill is a comparable section but 
     amends Section 7202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1777) to direct the 
     Secretary to nominate a U.S. government official to serve as 
     the Director of the Human Smuggling and Trafficking Center, 
     in accordance with the Center's Memorandum of Understanding 
     entitled ``Human Smuggling and Trafficking Center Charter.'' 
     This section also clarifies the role of the Center as the 
     focal point for interagency efforts to integrate and 
     disseminate intelligence and information related to terrorist 
     travel. The section requires that the Center be staffed with 
     at least 40 full time employees and directs the Secretary to 
     work with various DHS agencies and other Federal Departments 
     to provide detailees with appropriate areas of expertise. The 
     section also authorizes $20 million to allow the Center to 
     carry out its existing responsibilities, fund the 
     administrative costs and management of the Center, increase 
     staffing levels and reimburse other Federal Departments for 
     personnel.
       The Conference substitute adopts the Senate provision, with 
     modifications. The Conference agrees that the Center should 
     be staffed with intelligence analysts or special agents with 
     demonstrated experience related to human smuggling, 
     trafficking in persons, or terrorist travel, in addition to 
     individuals with other expertise including consular affairs, 
     counterterrorism, and criminal law enforcement from 
     throughout the government.
       The Conference also agrees that the Secretary and the heads 
     of other relevant agencies should provide incentives for 
     service at the Center, particularly for personnel who serve 
     terms of at least two years. Staff detailed to the Center, 
     except for those subject to the provisions of the Foreign 
     Service Act of 1980, shall be considered for promotion at 
     rates equivalent to or better than similarly situated 
     personnel not so assigned.
       The Conference agrees to adopt section 601(f) from the 
     House provision, but delete the requirement that the Office 
     of Intelligence and Analysis submit reports to ``Federal'' 
     law enforcement agencies and ``other relevant agencies,'' as 
     this would be a function performed by the Center. The 
     Conference clarifies that subsection (d) in no way impedes 
     the authority of the Secretary of State to participate in the 
     selection of the Director of the Center, a role that is 
     described in the Center's memorandum of understanding 
     entitled ``Human Smuggling and Trafficking Center Charter,'' 
     as amended as of October 1, 2006. That Memorandum of 
     Understanding establishes that the Director will be confirmed 
     by the Department, the Department of Justice, and the State 
     Department. Finally, the Conferees agree to fund 40 full-time 
     equivalent staff and to authorize $20 million for the Center 
     for Fiscal Year 2008.
     Section 722. Enhancements to the Terrorist Travel Program
       There is no comparable House provision.
       The Department never created the terrorist travel program 
     mandated by section 7215 of Public Law 108-458. Section 503 
     of the Senate bill requires the Secretary to establish the 
     program within 90 days of enactment and to report to Congress 
     within 180 days on the implementation of the program. The 
     section requires that the Assistant Secretary for Policy at 
     the Department, or another official that reports directly to 
     the Secretary, be designated as head of the terrorist travel 
     program and outlines specific duties to be carried out by the 
     head of the program. Those duties include: developing 
     strategies and policies for the Department to combat 
     terrorist travel; reviewing the effectiveness of existing 
     programs to combat terrorist travel across DHS; making budget 
     recommendations that will improve DHS's ability to combat 
     terrorist travel; and ensuring effective coordination among 
     DHS agencies with missions related to intercepting and 
     apprehending terrorists. This section also designates the 
     head of the program as the point of contact for DHS with the 
     National Counterterrorism Center and requires that the 
     Secretary submit a report to Congress on the implementation 
     of the section.
       The Conference substitute adopts the Senate provision.
     Section 723. Enhanced driver's license
       There is no comparable House provision.
       Section 504 of the Senate bill would require the Secretary 
     to enter into a memorandum of agreement with at least one 
     State to pilot the use of enhanced driver's licenses that 
     would be valid for a U.S. citizen's admission into the United 
     States from Canada and require a report to Congress on the 
     pilot.
       The Conference substitute adopts the Senate provision, as 
     modified to permit a pilot of U.S. citizens entering the 
     country from either Canada or Mexico.
     Section 724. Western Hemisphere Travel Initiative
       There is no comparable House provision.
       Section 505 of the Senate bill would require the Secretary 
     to complete a cost-benefit analysis of the Western Hemisphere 
     Travel Initiative (WHTI) and a study of ways to reduce the 
     fees associated with passport cards prior to publishing a 
     final rule for WHTI.
       The Conference substitute adopts the Senate provision, as 
     modified to specify that the Secretary of State shall develop 
     proposals for reducing passport card fees, including through 
     mobile application teams who could accept applications for 
     the passport card in communities particularly affected by 
     WHTI. The Conference believes that the cost/benefit analysis 
     should include the cost to the State Department and resources 
     required to meet the increased volume of passports requests.
     Section 725. Model ports-of-entry
       There is no comparable House provision.
       Section 506 of the Senate bill would require the Secretary 
     to establish a model ports of entry program aimed at 
     improving security and streamlining the current arrival 
     process for incoming travelers at the 20 busiest 
     international airports in the United States. It requires the 
     Department to hire at least 200 additional Customs and Border 
     Protection officers to address staff shortages at these 
     airports, and it would also require measures that would 
     ensure a more efficient international arrival process.
       The Conference substitute adopts the Senate provision, as 
     modified.
     Section 731. Report regarding border security.
       There is no comparable House provision.
       Section 1604 of the Senate bill directs the Secretary to 
     report to Congress regarding ongoing DHS initiatives to 
     improve security along the U.S. northern border. The section 
     also requires the Comptroller General to report to Congress 
     with a review and comments on that report and recommendations 
     regarding any necessary additional actions to protect that 
     border.
       The Conference substitute adopts the Senate provision, as 
     modified.

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

     Section 801.Modification of Authorities Relating to privacy 
         and civil liberties oversight board
       Sections 802, 803, 804, 805, and 806(a) of the House bill 
     amend Section 1061 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) by modifying the 
     structure and operations of the Privacy and Civil Liberties 
     Oversight Board (the Board). This section removes the Board 
     from the Executive Office of the President and makes the 
     Board an independent agency. It also requires each of the 
     Board's five members to be confirmed by the U.S. Senate. The 
     House language also provides the Board with subpoena powers 
     that will be enforced by the U.S. District Court in the 
     judicial district where the subpoenaed person resides. The 
     Board is required to submit not less than two reports each 
     year to the appropriate Committees of Congress that shall 
     include a description of the Board's activities, information 
     on its findings, conclusions, minority views, and 
     recommendations resulting from its advice and oversight 
     functions.
       Section 601 of the Senate bill is a comparable provision; 
     however, it strengthens the Board's authority without 
     removing it from the Executive Office of the President. 
     Additionally, the Senate provision also grants subpoena power 
     to the Board; however, it differs from the House provision in 
     that the subpoena must be issued by the Attorney General who 
     shall either issue the subpoena as requested or provide the 
     Board with an explanation if the subpoena request is modified 
     or denied. If the request is modified or denied, Congress 
     shall be notified of this action within thirty days.
       The Conference substitute adopts the House provision 
     regarding the removal of the Board from the Executive Office 
     of the President and adopts the Senate provision regarding 
     the Board's subpoena power. All other comparable provisions 
     were integrated.
     Section 802. Department Privacy Officer
       Section 812 of the House bill adopts the language contained 
     in the Privacy Officer with Enhanced Rights Act of 2007, as 
     introduced. In particular, this section expands the 
     Department of Homeland Security's (the Department or DHS) 
     Chief Privacy Officer's (CPO) access to any and all material 
     available to the Department that fall under the CPO's 
     purview. The CPO is also given authority to administer oaths 
     and issue subpoenas to facilitate investigations and 
     reporting requirements. The CPO's term of office would last 
     for a period of 5 years and the individual appointed would be 
     required to submit reports to Congress, without any prior 
     comment by the Secretary, Deputy Secretary or any other 
     officer of the Department, regarding the performance and 
     responsibilities of the Privacy Office.
       Section 603 of the Senate bill is a comparable provision, 
     except that it does not include the 5-year term of office as 
     mandated by the House provision, and it directs that the 
     CPO's subpoena authority be exercised with the approval of 
     the Secretary of Homeland Security (the Secretary).

[[Page 20731]]

       The Conference substitute adopts the House language with 
     changes, including the removal of the five year term of 
     office and specifying that the subpoena authority be 
     exercised through the Secretary. It also clarifies the 
     relationship between the CPO and the Office of the Inspector 
     General.
     Section 803. Privacy and Civil Liberties Officers
       Section 602 of the Senate bill establishes a network of 
     Privacy and Civil Liberties officers in Executive Branch 
     Agencies, in some cases strengthening the powers of existing 
     officers. It provides that the Departments of Justice, 
     Defense, State, Treasury, Health and Human Services, and 
     Homeland Security, the Director of National Intelligence and 
     the Central Intelligence Agency, and other agencies 
     designated by the Privacy and Civil Liberties Oversight 
     Board, are required to designate at least one senior official 
     to serve as an internal privacy and civil liberties officer, 
     to function as a source of advice and oversight on privacy 
     and civil liberties matters to the agency. Departments and 
     agencies may designate an existing privacy or civil liberties 
     officer for this role, and the legislation specifies that 
     where a Department or agency has a statutory privacy or civil 
     liberties officer, that officer shall perform the relevant 
     functions required by this section. These officers are 
     directed to make regular reports to their respective 
     department or agency heads, Congress, the Privacy and Civil 
     Liberties Oversight Board, and the public.
       Section 806(b) of the House bill is a comparable provision.
       The Conference substitute adopts the Senate provision.
     Section 804. Federal Agency Data Mining Reporting Act of 2007
       There is no comparable House provision.
       Section 604 of the Senate bill requires all Federal 
     agencies to report to Congress within 180 days and every year 
     thereafter on data mining programs developed or used to find 
     a pattern or anomaly indicating terrorist or other criminal 
     activity on the part of individuals, and how these programs 
     implicate the civil liberties and privacy of all Americans. 
     If necessary, specific information in the various reports 
     could be classified.
       The Conference substitute adopts the Senate language.

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

     Section 901. Private Sector Preparedness.
       Section 1101 of the House bill requires the Secretary of 
     Homeland Security (the Secretary) to establish a program to 
     enhance private sector preparedness for acts of terrorism and 
     other emergencies and disasters. The language also requires 
     the Secretary to support the development and promulgation of 
     preparedness standards, including the National Fire 
     Protection Association 1600 Standard.
       Section 803 of the Senate bill establishes a voluntary 
     certification program to assess whether a private sector 
     entity meets voluntary preparedness standards. In 
     consultation with private sector organizations listed in the 
     section, the Secretary would support the development of 
     voluntary preparedness standards and develop guidelines for 
     the accreditation and certification program. The 
     accreditation and certification process would be implemented 
     and managed by one or more qualified nongovernmental entities 
     selected by the Secretary. Under the program, companies 
     wishing to be certified would have their applications 
     reviewed by third parties accredited by the entity or 
     entities managing the program, which would determine if 
     certification was warranted.
       The Conference substitute adopts the Senate provision, as 
     well as aspects of section 1101 of the House bill, with 
     modifications. The Conference substitute permits the 
     development of guidance and recommendations, and 
     identification of best practices, to assist or foster private 
     sector preparedness. If such guidance and recommendations are 
     developed, the Administrator of Federal Emergency Management 
     Agency (FEMA) and the Assistant Secretary for Infrastructure 
     Protection will work to develop the guidance and 
     recommendations, and the Administrator of FEMA will issue 
     them. The Conference substitute requires the establishment of 
     a voluntary certification program which will be developed by 
     a designated officer within DHS, to be selected by the 
     Secretary from among the Administrator of FEMA, the Assistant 
     Secretary of Infrastructure Protection, and the Under 
     Secretary for Science and Technology, in consultation with 
     appropriate private sector parties designated in the 
     legislation.
       As recommended by the 9/11 Commission, through this 
     section, the Department of Homeland Security will be 
     promoting private-sector preparedness of which the 9/11 
     Commission said: ``Private sector preparedness is not a 
     luxury; it is a cost of doing business in the post-9/11 
     world.''
     Section 902. Responsibilities of the Private Sector Office of 
         the Department
       There is no comparable House provision.
       Section 802 of the Senate bill amends section 102(f) of the 
     Homeland Security Act to add promoting to the private sector 
     the adoption of voluntary national preparedness standards to 
     the responsibilities of the Special Assistant to the 
     Secretary. It also establishes a new responsibility for the 
     private sector advisory councils: advising the Secretary on 
     private sector preparedness issues.
       The Conference substitute adopts the Senate provision with 
     minor modifications.

              TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

     Section 1001. National Asset Database
       Section 902 of the House bill requires the Secretary of the 
     Department of Homeland Security (the Department or DHS) to 
     maintain two databases addressing critical infrastructure: 
     the National Asset Database and, as a subset, the National 
     At-Risk Database. To develop the National Asset Database and 
     the At-Risk Database, the Secretary will meet with a 
     consortium of national laboratories and experts. The 
     Secretary is required to annually update both databases and 
     remove assets and resources that are not verifiable or do not 
     comply with the database requirements. The Secretary will 
     also meet with the States and advise them as to the format 
     for submitting assets for the lists and notifying them as to 
     deficiencies before removing or omitting assets from the 
     lists. This provision also requires the Secretary to consult 
     the Databases for purposes of allocating various Department 
     grant programs and to provide an annual report to Congress on 
     the contents of the Databases.
       Section 1101 of the Senate bill requires the Secretary to 
     establish a risk-based prioritized list of critical 
     infrastructure and key resources that, if successfully 
     destroyed or disrupted through a terrorist attack or natural 
     catastrophe, would cause catastrophic national or regional 
     impacts. The list must be reviewed and updated at least 
     annually. The provision also requires an annual report 
     summarizing the construction and contents of the list. The 
     report may include a classified annex.
       The Conference substitute adopts the House provision with 
     certain modifications. The Conferees determined that there is 
     a uniform manner by which to compile the country's vital 
     assets and to prioritize those assets, as called for in 
     Homeland Security Presidential Directive-7. This process will 
     enable a more effective cooperation with State and local 
     governments and provide a means by which the appropriate 
     Congressional Committees may annually review the prioritized 
     list as well as receive a report about the database and list.
       The Conference substitute modifies the House provision to 
     require the Secretary to maintain a prioritized critical 
     infrastructure list, as called for in the Senate bill, 
     instead of the National At-Risk Database. Furthermore, the 
     Conference substitute authorizes the Secretary to form an 
     optional consortium to advise on the Database, but did not 
     make the formation of such a consortium mandatory.
     Section 1002. Risk assessments and report
       Section 901 of the House bill requires the Secretary to 
     prepare a vulnerability assessment of the critical 
     infrastructure information available to the Secretary with 
     respect to that fiscal year, unless a vulnerability 
     assessment is required under another provision of law. The 
     Secretary must provide annual comprehensive reports on 
     vulnerability assessments for all critical infrastructure 
     sectors established in Homeland Security Presidential 
     Directive-7. This provision requires the Secretary to provide 
     the appropriate Congressional Committees with a summary 
     vulnerability report and a classified annex for each industry 
     sector. This provision also requires the Department to 
     provide a summary report from the preceding two years to 
     compare with the current report to show any changes in 
     vulnerabilities and provide explanations and comments on 
     greatest risks to critical infrastructure for each sector and 
     any recommendations for mitigating these risks.
       Section 1102 of the Senate bill requires the Secretary, for 
     each fiscal year, to prepare a risk assessment of the 
     critical infrastructure and key resources of the United 
     States. It requires that the risk assessment be organized by 
     sector and that it contain any actions or countermeasures 
     proposed, recommended, or directed by the Secretary to 
     address security concerns covered in the assessment. It 
     enables the Secretary to rely upon other assessments prepared 
     by another Federal agency that the Department determines are 
     prepared in coordination with other initiatives of the 
     Department relating to critical infrastructure or key 
     resource protection. It also requires the Secretary to submit 
     an annual report to the relevant Congressional Committees 
     that contains a summary and review of the risk assessments 
     prepared by the Secretary for that year. The report will be 
     organized by sector and will include the Secretary's 
     recommendations for mitigating risks identified by the 
     assessments.
       The Conference substitute adopts a compromise provision by 
     eliminating the requirement for the Secretary to conduct risk 
     assessments under this section because those same assessments 
     are required to be conducted under the Homeland Security Act. 
     The Conference substitute requires the Secretary to provide a 
     report on the comprehensive risk assessments on critical 
     infrastructure that the Department is already required to 
     conduct under the Homeland Security Act.

[[Page 20732]]

       Further, the Conference desires that, if appropriate, the 
     report or reports be furnished in a public form with a 
     classified annex. Furthermore, the Conference intends that 
     the classification of information required to be provided to 
     Congress or shared between the Department and any other 
     sector-specific department or agency pursuant to this new 
     paragraph, including the assignment of a level of 
     classification of such information, shall be binding on 
     Congress, the Department, and any other Federal Department or 
     Agency. With regard to these assessments, the Homeland 
     Security Act requires the Secretary to conduct the 
     assessments with respect to the nation's critical 
     infrastructure and key resources. The Conference intends for 
     the Secretary to exercise his responsibilities under the 
     Homeland Security Act and make a timely report to Congress. 
     Through this section, the Conference does not intend to make 
     any changes to the Secretary's authority under section 201 of 
     the Homeland Security Act. The section requires the Secretary 
     to submit a set of reports to the Senate Committee on 
     Homeland Security and Governmental Affairs and the House of 
     Representatives Committee on Homeland Security as well as 
     other appropriate Congressional Committees containing a 
     summary and review of the assessments prepared by the 
     Secretary, as already required by the Homeland Security Act.
     Section 1003. Sense of Congress regarding the inclusion of 
         levees in the National Infrastructure Protection Plan
       There is no comparable House provision.
       Section 1101 of the Senate bill requires the Secretary to 
     include levees in the Department's list of critical 
     infrastructure sectors.
       The Conference substitute adopts the Senate provision, 
     while modifying it so that it is the sense of Congress that 
     the Secretary should ensure that levees are included in one 
     of the critical infrastructure and key resource sectors 
     identified in the National Infrastructure Protection Plan.

               TITLE XI--BIOLOGICAL AND NUCLEAR DETECTION

     Section 1101. National Biosurveillance Integration Center
       There is no comparable House provision. However, the House 
     passed, on a bipartisan basis, a very similar provision as 
     part of H.R. 1684, ``the Department of Homeland Security 
     Authorization Act for Fiscal Year 2008.''
       Section 701 of the Senate bill provides for the 
     authorization of a National Biosurveillance Integration 
     Center (NBIC) within the Department of Homeland Security (the 
     Department or DHS). The primary mission of the NBIC is to 
     enhance the situational awareness of the Federal Government 
     of intentional and naturally occurring biological incidents 
     of national concern, and to rapidly alert Federal, State and 
     local entities of such incidents.
       The Conference substitute adopts the Senate provision, with 
     technical modifications.
       In order to best achieve its mission, the Conference 
     directs that NBIC Member Agencies to send all information 
     that could indicate a biological incident of national 
     concern, including protected health information from member 
     agencies which are Public Health Authorities as defined by 
     the Health Insurance Portability and Accountability Act of 
     1996, Public Law 104-191, to the NBIC.
     Section 1102. Biosurveillance efforts
       There is no comparable House provision.
       Section 702 of the Senate bill requires the Comptroller 
     General of the United States to report to Congress on 
     Federal, State, and local biosurveillance efforts, any 
     duplication of such efforts, and recommendations on 
     integration of systems and effective use of resources and 
     professional expertise.
       The Conference substitute adopts the Senate provision, with 
     technical modifications.
     Section 1103. Interagency coordination to enhance defenses 
         against nuclear and radiological weapons of mass 
         destruction
       There is no comparable House provision.
       Section 703 of the Senate bill requires the Secretaries of 
     Homeland Security, State, Defense, Energy, the Attorney 
     General and the Director of National Intelligence to jointly 
     ensure interagency coordination on the development and 
     implementation of the global nuclear detection architecture 
     by completing a joint annual interagency review of matters 
     relating to the global nuclear detection architecture, which 
     shall be submitted to the President and the appropriate 
     Congressional Committees.
       The Conference substitute adopts the Senate provision, with 
     technical modifications.
     Section 1104. Integration of detection equipment and 
         technologies
       There is no comparable House provision.
       Section 1607 of the Senate bill requires the Secretary of 
     Homeland Security to ensure that chemical, biological, 
     radiological, and nuclear detection equipment and 
     technologies are integrated as appropriate with other border 
     security systems and detection technologies, and requires the 
     Secretary to develop a departmental technology assessment 
     process and report the process to Congress within 6 months of 
     enactment.
       The Conference substitute adopts the Senate provision, as 
     engrossed by the Senate.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

     Section 1201. Definitions
       The Conference substitute includes a provision which 
     defines the terms ``Department'' and ``Secretary'' for the 
     purposes of this title.
     Section 1202. Transportation security strategic planning
       Section 1002 of the House bill requires the Department of 
     Homeland Security (the Department or DHS) to include 
     additional information in subsequent submissions of the 
     National Strategy for Transportation Security. It requires 
     DHS to tie the risk-based priorities identified in the 
     Strategy to the risk assessments conducted by DHS; to 
     coordinate the development of the Strategy with Federal, 
     State, regional, local and tribal authorities and 
     transportation system employees; and to tie the budget and 
     research and development to the priorities in the Strategy. 
     It also requires DHS to build into the Strategy a more 
     intermodal perspective for transportation security.
       Section 901 of the Senate bill is a comparable provision.
       The Conference substitute adopts modified language from 
     both bills. The Conference would like to clarify that the 
     information required by the periodic progress reports, on the 
     turnover among senior staff of the Department (and any 
     component agencies) working on transportation security 
     issues, includes program managers responsible for 
     transportation security programs, at the GS-13 level or its 
     equivalent, as well as their immediate supervisors and other 
     superiors, up to and including Assistant Secretaries or Under 
     Secretaries.
     Section 1203. Transportation security information sharing
       Section 1001 of the House bill improves transportation 
     security information between the public and private sectors 
     by requiring the establishment of a Transportation Security 
     Information Sharing Plan. It also requires the Department to 
     provide a semiannual report to Congress identifying the 
     persons who receive transportation security information.
       Section 902 of the Senate bill is a comparable provision, 
     which also requires the plan be developed in consultation 
     with the program manager of the Information Sharing 
     Environment established under the Intelligence Reform and 
     Terrorism Prevention Act of 2004. This section further 
     requires that DHS establish a point or points of contact 
     within the Department for distributing transportation 
     security information to public and private stakeholders.
       The Conference substitute adopts the Senate provision, as 
     modified.
     Section 1204. National Domestic Preparedness Consortium
       There is no comparable House provision.
       Section 1429 of the Senate bill requires the Secretary of 
     Homeland Security (the Secretary) to develop guidance for a 
     rail worker security training program. Section 1505 of the 
     Senate bill requires the Secretary to issue regulations for a 
     public transportation worker training program. Section 202 of 
     the Senate bill authorizes the Secretary to establish a State 
     Homeland Security Grant Program and an Urban Area Security 
     Initiative grant program which allows States and localities 
     to apply for grants from DHS for the purpose of training 
     first responders.
       The Conference substitute authorizes the establishment of 
     the National Domestic Preparedness Consortium, which has been 
     responsible for identifying, developing, testing and 
     delivering training to State, local, and tribal emergency 
     response providers. The Conference substitute further 
     authorizes an expansion of the Consortium to include the 
     National Disaster Preparedness Training Center and the 
     Transportation Technology Center, Incorporated, to assist 
     with providing security training to emergency responders and 
     transportation workers.
       In addition, the Conference substitute authorizes specific 
     funding levels for the individual members of the Consortium 
     that are intended to provide a baseline to determine future 
     funding needs. However, the Conference does not believe that 
     these authorized amounts should serve as artificial barriers 
     to increased funding levels should greater increases be 
     necessary and possible. The Conference recognizes the 
     importance of the ongoing training at the National Domestic 
     Preparedness Consortium, expects that the two new members 
     will be able to provide unique training opportunities, and 
     that by authorizing and expanding the Consortium the 
     Department will be able to train even more of our Nation's 
     emergency responders and transportation workers.
     Section 1205. National Transportation Security Center of 
         Excellence
       There is no comparable House provision.
       Section 1425 of the Senate bill requires the Secretary to 
     carry out a research and development program for the purpose 
     of improving freight rail and intercity passenger rail 
     security. Section 1507 of the Senate bill requires the 
     Secretary to award grants or contracts for research and 
     development of technologies and methods to improve security 
     for public transportation systems. Section 1467 of the Senate 
     bill extends the authorization for the Secretary to carry out 
     research and development for aviation security, until 2009.
       The Conference substitute authorizes the establishment of a 
     National Transportation

[[Page 20733]]

     Security Center of Excellence to conduct research and 
     development and education activities, and develop or provide 
     training to transportation employees or professionals.
     Section 1206. Civil immunity for reporting suspicious 
         activity
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference recognizes that the general public often 
     provides critical assistance to law enforcement in its 
     efforts to disrupt terrorist activity against the homeland. 
     The Conference substitute adopts this section to address the 
     potential chilling effect of lawsuits filed against members 
     of the public who reported what they reasonably considered to 
     be suspicious activity to appropriate personnel.
       The Conference substitute adopts language granting civil 
     immunity to those who, in good faith and based on objectively 
     reasonable suspicion, report ``covered activity'' to an 
     ``authorized official.'' The term ``covered activity'' is 
     defined as suspicious activity indicating that a person is 
     preparing to or may be violating the law in a way that 
     threatens a passenger transportation system, passenger 
     safety, or passenger security or that involves an act of 
     terrorism. The suspicious activity must involve or be 
     directed against a passenger transportation system. An 
     authorized official is defined as any employee or agent of a 
     passenger transportation system or other persons with 
     responsibilities relating to the security of such systems. It 
     also includes anyone working for or on behalf of the 
     Departments of Homeland Security, Transportation or Justice 
     who have responsibilities relating to the security of 
     passenger transportation systems as well as any Federal, 
     State, or local law enforcement officer. Persons who make 
     false reports or who make a report with reckless disregard 
     for the truth are not entitled to civil immunity under this 
     section.
       The Conference substitute also grants qualified civil 
     immunity to any authorized official who takes reasonable 
     action to respond to a report of covered activity. An 
     authorized official not entitled to assert the defense of 
     qualified immunity is nevertheless immune from civil 
     liability under Federal,
       State or local law. The Conference intends to provide civil 
     immunity to anyone within the chain of reporting who 
     reasonably responds in good faith to the covered activity. 
     However, the Conference does not intend to amend, limit, or 
     reduce existing qualified immunity or other defenses pursuant 
     to Federal, State, or local law that may otherwise be 
     available to authorized officials as defined by this section. 
     To address this concern the Conference substitute includes a 
     savings clause that states that nothing in the section shall 
     affect the ability of any authorized official to assert any 
     defense, privilege, or immunity that would otherwise be 
     available. The savings clause also reiterates that this 
     section is not intended to affect any such defense, privilege 
     or immunity.
       The Conference substitute also allows any person or 
     authorized official who is found to be immune from civil 
     liability under this section to recover reasonable costs and 
     attorneys fees should they be named as a defendant in a civil 
     suit. It defines a ``passenger transportation system'' as 
     public transportation, over-the-road bus transportation, 
     including school bus transportation, intercity rail 
     transportation, passenger vessels, including passenger and 
     automobile ferries, and air transportation. Finally, the 
     Conference substitute states that this section takes effect 
     as of October 1, 2006 and shall apply to all activities and 
     claims arising on or after that date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

     Section 1301. Definitions
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute defines several terms used within 
     this title.
     Section 1302. Enforcement authority
       There is no comparable House provision.
       Section 1432 of the Senate bill expands the Transportation 
     Security Administration's (TSA) existing administrative civil 
     penalty authority to authorize civil penalties and 
     enforcement of regulations and orders of the Secretary of 
     Homeland Security (the Secretary) relating to non-aviation 
     security. Under this section, the Secretary must give written 
     notice of the finding of a violation and the penalty, and the 
     penalized person has the opportunity to request a hearing on 
     the matter. This section also provides that, in a civil 
     action to collect such a penalty, the issues of liability and 
     the amount of the penalty may not be reexamined; it places 
     exclusive jurisdiction for these actions in the Federal 
     district courts in certain instances; and it establishes 
     ceilings for the penalty amounts the Secretary may 
     administratively impose.
       The Conference substitute adopts the Senate provision with 
     minor changes, including a provision that requires the 
     Secretary to make publicly available summaries of enforcement 
     actions taken and a report on the Department's enforcement 
     process. The Conference substitute limits this administrative 
     enforcement authority as it relates to fines and civil 
     penalties against public transportation agencies and 
     violations of administrative and procedural requirements 
     related to the transportation security grant programs of this 
     Act through section 1304 of the Conference substitute.
     Section 1303. Visible Intermodal Prevention and Response 
         Teams
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute authorizes the existing 
     Transportation Security Administration (TSA) practice of 
     deploying security teams, known as Visible Intermodal 
     Prevention and Response teams (VIPR), to augment the security 
     of any mode of transportation. This provision authorizes the 
     Secretary to determine, consistent with ongoing security 
     threats, when a VIPR team should be deployed and for what 
     duration, in coordination with local law enforcement. The 
     provision also allows the Secretary to use any asset of the 
     Department, including Federal Air Marshals, Surface 
     Transportation Security Inspectors, canine detection teams, 
     and advanced screening technology as part of VIPR teams. 
     Under this section, the Secretary would be required to 
     consult with local law enforcement and security officials and 
     transportation entities directly affected by VIPR 
     deployments, prior to and during deployments of VIPR teams to 
     ensure coordination and operation protocols. This section 
     authorizes such sums as necessary annually from FY 2008-2011 
     to cover costs associated with the VIPR program.
     Section 1304. Surface Transportation Security Inspectors
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute authorizes the existing 
     Transportation Security Administration (TSA) Surface 
     Transportation Security Inspectors (STSIs) program and 
     includes language addressing the mission and authorities of 
     the inspectors, requiring coordination and consultation with 
     the Department of Transportation (DOT) and affected entities, 
     and providing limitations regarding the issuance of fines and 
     civil penalties against public transportation agencies and 
     for violations of administrative and procedural requirements 
     of the Act. Additionally, the Conference substitute requires 
     the Secretary to increase the number of STSIs employed by 
     TSA, up to a level of 200 STSIs in FY 2010 and FY 2011, and 
     requires the DHS Inspector General to issue a report to the 
     appropriate Congressional Committees regarding the 
     performance and effectiveness of STSIs, the need for 
     additional inspectors, and other recommendations. The 
     provision also authorizes the following amounts for the STSI 
     program: $11.4 million for FY 2007, $17.1 million for FY 
     2008, $19.95 million for FY 2009 and $22.8 million for FY 
     2010 and 2011, respectively.
       The Secretary and the STSIs should use fines and civil 
     penalties as a last recourse to achieve public transportation 
     agency compliance with DHS security regulations only when 
     other reasonable methods of gaining compliance have not 
     produced adequate results. If a public transportation agency 
     fails to correct a violation or to propose an alternative 
     means of compliance acceptable to the Secretary, then the 
     Secretary may issue fines or civil penalties under section 
     1302 of the Conference substitute. Additionally, the 
     provision restricts the Secretary or STSIs from issuing fines 
     and civil penalties for violations of administrative and 
     procedural requirements related to the application and use of 
     funds awarded under the transportation security grant 
     programs in this Act. However, the Conference does not 
     consider fraud, gross misuse of grant funds, or any criminal 
     conduct related to the application for or use of grant funds 
     awarded under this Act to be administrative requirements and, 
     therefore, those acts will not be shielded from fines or 
     civil penalties issued by the Secretary.
     Section 1305. Surface transportation security technology 
         information sharing
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a new provision that would 
     require the Secretary, in consultation with the Secretary of 
     Transportation, to establish a program to provide appropriate 
     information that the Department has gathered or developed on 
     the performance, use, and testing of technologies that may be 
     used to enhance railroad, public transportation, and surface 
     transportation security to surface transportation entities 
     and State, local, and tribal governments that provide 
     security assistance to such entities. The purpose of the 
     program is to assist eligible grant recipients under this Act 
     and others, as appropriate, to purchase and use the best 
     technology and equipment available to meet the security needs 
     of the Nation's surface transportation system.
       The provisions allow the Secretary to include in such 
     information whether the technology is designated as a 
     qualified antiterrorism technology under the SAFETY Act, as 
     appropriate, and requires the Secretary to ensure that the 
     program established under this section makes use of and is 
     consistent with other Department technology testing, 
     information sharing, evaluation, and standards-setting 
     programs, as appropriate.
     Section 1306. TSA personnel limitations
       There is no comparable House provision.

[[Page 20734]]

       Section 1451 of the Senate bill provides that any statutory 
     limitation on the number of Transportation Security 
     Administration employees shall not apply to employees 
     carrying out this title.
       The Conference substitute adopts the Senate provision as it 
     applies to this title and titles XII, XIV, and XV of the 
     Conference substitute.
     Section 1307. National Explosives Detection Canine Team 
         Training Program
       There is no comparable House provision.
       Section 1476 of the Senate bill directs the Secretary to 
     enhance the National Explosive Detection Canine Team Program 
     and maximize canine training capacity so that up to 200 
     additional dogs can be certified each year, starting at the 
     end of calendar year 2008. The Secretary would be given 
     flexibility across transportation modes to use as needed and 
     deemed necessary. The provision encourages the Secretary to 
     review potential benefits of establishing new canine training 
     partnerships throughout the United States.
       The Conference substitute adopts the Senate provision as 
     modified. The modified provision requires the Secretary to 
     increase the number of explosives detection canine teams 
     certified by the TSA for the purposes of transportation-
     related security by up to 200 canine teams annually by the 
     end of 2010 and encourage State, local, and tribal 
     governments and private owners of high-risk transportation 
     facilities to strengthen security through the use of highly 
     trained explosives detection canine teams.
       To increase the number of explosives detection canine 
     teams, the Secretary shall use a combination of methods 
     including the use and expansion of TSA's National Explosives 
     Detection Canine Team Training Center; partnering with other 
     Federal, State, or local agencies, nonprofit organizations, 
     universities, or the private sector; and procuring explosives 
     detection canines trained by nonprofit organizations, 
     universities, or the private sector, provided they are 
     trained in a manner consistent with the standards and 
     requirements developed pursuant to this section or other 
     criteria developed by the Secretary.
       The Secretary is also required to establish criteria that 
     include canine training curricula, performance standards, and 
     other requirements approved by TSA as necessary to ensure 
     that explosives detection canine teams trained by nonprofit 
     organizations, universities, and private sector entities are 
     adequately trained and maintained. In developing and 
     implementing such curricula, performance standards, and other 
     requirements, the Secretary would be required to coordinate 
     with key stakeholders to develop best practice guidelines for 
     such a standardized program; ensure that explosives detection 
     canine teams trained by nonprofit organizations, 
     universities, or private sector entities that are used or 
     made available by the Secretary be trained consistent with 
     specific training criteria developed by the Secretary; and 
     review the status of the private sector programs on at least 
     an annual basis to ensure compliance with training curricula, 
     performance standards, and other requirements.
       The Conference substitute also requires the Secretary to 
     use the additional explosives detection canine teams as part 
     of the Department's efforts to strengthen security across the 
     Nation's transportation network. The Secretary may use the 
     canine teams on a more limited basis to support other 
     homeland security missions, as determined appropriate. The 
     Secretary is also required to make available explosives 
     detection canine teams to all modes of transportation, for 
     high-risk areas or to address specific threats, on an as-
     needed basis and as otherwise determined appropriate by the 
     Secretary and shall encourage, but not require, 
     transportation facilities or systems to deploy TSA-certified 
     explosives detection canine teams.
       The Conference substitute requires the Secretary, acting 
     through the TSA Administrator, to ensure that explosives 
     detection canine teams are procured as efficiently as 
     possible and at the best price using available procurement 
     methods and increased domestic breeding, if appropriate. 
     Additionally, the Comptroller General is required to report 
     to the appropriate Congressional Committees on the 
     utilization of explosives detection canine teams to 
     strengthen security and the capacity of the national 
     explosive detection canine team program. Finally, the 
     Conference substitute authorizes such sums as may be 
     necessary to carry out this section for Fiscal Years 2007 
     through 2011.
       The Conferees note that the definition of ``explosives 
     detection canine team'' as a ``canine and a canine handler 
     that are trained to detect explosives, radiological 
     materials, chemical, nuclear or biological weapons, or other 
     threats as defined by the Secretary'' is intended to ensure 
     that individual canine teams that are trained to detect any 
     of these specific materials listed are eligible under this 
     section. The Conferees recognize that explosives detection 
     canines are not trained to additionally detect chemical, 
     nuclear or biological weapons and that, at present, such 
     teams cannot detect radiological materials. Further, the 
     Conferees recognize that canines are trained to detect 
     specific threats and cannot, at this time, effectively be 
     crossed-trained to identify multiple threats. In requiring 
     the TSA to develop canine training curriculum and performance 
     standards under this section, the Conferees expect TSA to do 
     so for those threats within the definition that are currently 
     applicable to canine team detection. However, the Conferees 
     trust that TSA will explore opportunities to train and/or 
     acquire canines that are able to detect new and emerging 
     threats, such as chemical, radiological, nuclear and 
     biological weapons. To that end, the Conferees expect that 
     prior to developing and distributing canine training 
     curriculum and performance standards under this section, TSA 
     will fully vet any ongoing training, whether domestic or 
     international, that has a proven method to successfully 
     detect those additional threats that may not currently be 
     applicable to TSA-trained canines.
     Section 1308. Maritime and surface transportation security 
         user fee study
       There is no comparable House provision.
       Section 1452 of the Senate bill requires the Secretary to 
     study the need for, and feasibility of, establishing a system 
     of maritime and surface transportation-related user fees that 
     may be imposed and collected to fund maritime and surface 
     transportation security improvements. In developing the 
     study, the Secretary would be directed to consult with 
     maritime and surface transportation carriers, shippers, 
     passengers, facility owners and operators, and other persons. 
     The study would include an assessment of current security-
     related fees in the United States, Canada, and Mexico; an 
     analysis of the impact of fees on transportation carriers and 
     shippers; and an evaluation of current private and public 
     sector expenditures on maritime and surface transportation 
     security. Within 1 year after the date of enactment, the 
     Secretary would be required to transmit a report to Congress 
     on the results of the study.
       The Conference substitute adopts the Senate provision with 
     minor modifications.
     Section 1309. Transportation Worker Identification Credential 
         (TWIC)
       There is no comparable House provision.
       Sections 1454 and 1455 of the Senate bill codify the 
     existing regulatory prohibitions against the issuance of 
     transportation security cards to certain convicted felons.
       The Conference substitute adopts the Senate provision, with 
     minor modifications, codifying the existing regulatory 
     prohibitions against the issuance of transportation security 
     cards to certain convicted felons. Nothing in this section is 
     intended to change the waiver and appeal rights afforded to 
     workers in 70105 of title 46. In fact, the Conferees expect 
     that as the Secretary moves to implement the TWIC program, 
     workers will have their waiver and appeal cases decided 
     expeditiously and that a sufficient number of administrative 
     law judges will be available to adjudicate these cases.
     Section 1310. Roles of the Department of Homeland Security 
         and the Department of Transportation
       There is no comparable House provision.
       Sections 1421, 1425, 1435, 1441, 1442, 1444, 1448, 1449, 
     1445, 1503 and 1506 of the Senate bill require the Secretary 
     of Homeland Security to consult, coordinate, or work with the 
     Secretary of Transportation in the implementation of the 
     requirements of the sections. Section 1443 of the Senate bill 
     further requires the Department of Homeland Security and the 
     Department of Transportation to execute and develop an annex 
     to the Memorandum of Understanding between the Departments 
     signed on September 28, 2004, governing the specific roles, 
     delineations of responsibilities, resources and commitments 
     of the Department of Transportation and the Department of 
     Homeland Security, respectively, in addressing motor carrier 
     transportation security matters.
       The Conference substitute includes a provision which 
     affirms and clarifies the current delineation of the roles 
     and responsibilities of Department of Homeland Security and 
     the Department of Transportation related to carrying out the 
     provisions of this Act related to transportation security.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

     Section 1401. Short title
       There is no comparable House provision.
       Section 1501 of the Senate bill cited the short title as 
     ``The Public Transportation Terrorism Prevention Act of 
     2007.''
       The Conference Substitute adopts a compromise provision, 
     providing that this title may be cited as ``The National 
     Transit Systems Security Act of 2007.''
     Section 1402. Definitions
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a definition section in an 
     effort to clarify terms used in Title XIV of the bill.
     Section 1403. Findings
       There is no comparable House provision.
       Senate Section 1502 finds that public transit is a top 
     target of terrorism worldwide, that the Federal Government 
     has invested significant sums in creating and maintaining the 
     nation's transit infrastructure, that transit is heavily used 
     and that the current Federal investment in security has been 
     insufficient and greater investment is warranted.
       The Conference substitute adopts the Senate findings as 
     modified.

[[Page 20735]]


     Section 1404. National strategy for public transportation 
         security
       There is no comparable House provision.
       The Senate bill does not require an additional strategy for 
     transit beyond the modal requirements in Title XII.
       The Conference substitute adopts the Senate provision with 
     modifications. The purpose of the strategy is to minimize 
     security threats and maximize the abilities of public 
     transportation systems to mitigate damage that may result 
     from terrorist attacks. The Secretary of Homeland Security 
     (the Secretary) is required to use established and ongoing 
     public transportation security assessments and consult with 
     all relevant stakeholders that are specified in the 
     legislation in developing a national strategy.
     Section 1405. Security assessments and plans
       There is no comparable House provision.
       Section 1503 of the Senate bill requires the Federal 
     Transit Administration of the Department of Transportation to 
     submit all public transportation security assessments and 
     other relevant information to the Secretary 30 days after the 
     date of enactment. The Secretary is also required to use the 
     security assessments received as the basis for allocating 
     grant funds, unless the Secretary notified the Senate 
     Committee on Banking, Housing, and Urban Affairs that the 
     Secretary determined an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       The Senate provision requires the Secretary to conduct both 
     annual updates to the existing assessments and new security 
     assessments of all public transportation agencies considered 
     to be at greatest risk of a terrorist attack. In addition, 
     the Secretary is required to establish a process for 
     developing security guidelines for public transportation 
     security and to design a security improvement strategy that 
     minimizes terrorist threats to public transportation systems, 
     and maximizes the efforts of public transportation systems to 
     mitigate damage from terrorist attacks. It also requires the 
     Secretary to conduct security assessments, appropriate to the 
     size and nature of each system, to determine the specific 
     needs of bus-only and rural transit systems.
       The Conference substitute adopts the requirements included 
     in the Senate bill with modification. It requires the Federal 
     Transit Administration and the Department of Transportation 
     to transfer all existing security assessments as well as any 
     other relevant information to the Department of Homeland 
     Security (the Department or DHS). It also requires the 
     Secretary to review and augment the assessments and to 
     conduct additional assessments as necessary to ensure that, 
     at a minimum, all high-risk public transportation agencies 
     will have a completed security assessment. The Conference 
     substitute further specifies that each completed assessment 
     should include, at a minimum, an identification of critical 
     assets, infrastructure and systems and their vulnerabilities 
     and an identification of any other security weaknesses, 
     including weaknesses in emergency response planning and 
     employee training. The Conference substitute adopts the 
     Senate's provisions addressing bus-only and rural transit 
     systems with a clarification that these assessments are meant 
     to be representative of the needs of these systems and shall 
     be made available for use by similarly situated systems.
       The Conference substitute adopts provisions related to 
     mandatory security plans. All high-risk systems will be 
     required to have a security plan provided they receive grant 
     funding. However, the Conference agreed to provide the 
     Secretary a waiver of that provision in order that he may 
     require a security plan for a high-risk system that has not 
     received grant funding, provided that upon issuance of that 
     waiver, the Secretary, not less than three days after making 
     that determination, provides Congress and the public 
     transportation system written notice detailing the need for 
     the security plan, the reason grant funding has not been made 
     available and the reason the agency has been designated high-
     risk. The Secretary is required to provide guidance on 
     developing, preparing and implementing these plans. 
     Developing security plans is an eligible expense for funds 
     received under this Title. The security plans must be 
     consistent with the security assessments developed by the 
     Department and the National Strategy for Public 
     Transportation Security. The Secretary is authorized to 
     establish a program to develop security plans for systems 
     that are not designated at high-risk, provided that no such 
     system may be required to develop a plan. Security plans are 
     required to be updated annually, as appropriate.
       The Conference substitute also includes language on 
     nondisclosure of information, encouraging coordination among 
     different modes of transportation to the extent they share 
     facilities, and allowing public transportation agencies to 
     petition the Secretary to recognize existing protocols, 
     procedures and standards as meeting all or part of the 
     requirements for security assessments or plans.
     Section 1406. Public transportation security assistance
       There is no comparable House provision.
       Section 1504 of the Senate bill created two separate grant 
     programs, one for capital expenses and another for operating 
     expenses. The Senate bill required coordination with State 
     homeland security plans and appropriate consideration of 
     multi-State transportation systems, along with Congressional 
     notification prior to grant awards and the requirement that 
     transit agencies return any misspent grant funds.
       The Conference substitute adopts the Senate provision with 
     modifications. The Conference substitute establishes a single 
     grant program that awards grants directly to eligible public 
     transportation agencies for security improvements. A public 
     transportation agency is eligible if the Secretary has 
     performed a security assessment or the agency has developed a 
     security plan. Grant funds provided under this program may 
     only be awarded for permissible uses described in this 
     section that address items in a security assessment or 
     further the agency's security plan.
       The Conference agrees that the grants should be awarded 
     pursuant to an agreement between the Departments of Homeland 
     Security and Transportation. These two Departments are 
     required to make their determination on the basis of what is 
     the most efficient and effective method to deliver these 
     grants directly to the transit agencies. The Conference 
     expects that the delivery system chosen will reflect the 
     system that meets these criteria. We note that there have 
     been some concerns with the efficiency, efficacy and 
     timeliness of the disbursal of these grants and believe that 
     it is critical that the Secretaries reach a decision that 
     will provide for these grants to be distributed as 
     efficiently, effectively and quickly as possible. The 
     Conference substitute in Section 1406(e) declares that all 
     requirements of Section 5307 of Title 49 shall be applied to 
     the recipients of these grant funds. Whichever Department 
     distributes and awards the grants will have to be responsible 
     for ensuring that those requirements are met.
       The Conference substitute also includes a list of eligible 
     capital expenses and separately, a list of eligible operating 
     expenses for the distribution of grant funds, and retains 
     Senate language addressing coordination with State homeland 
     security plans, multi-state transportation systems, 
     Congressional notification and the requirement that transit 
     systems return any misspent grant funds.
       The Conference substitute includes authorization levels for 
     each year, although the overall amount of $3.5 billion was 
     similar to the Senate bill. In addition, the Conference 
     substitute includes a structure that caps the amount of funds 
     that can be used for operational expenses each year of the 
     authorization, declining from 50 percent in Fiscal Year 2008 
     to 10 percent in 2011. The Conference expects that training 
     costs will be the predominant use of operating funds in the 
     first two years of the program which led to the decreasing 
     limitation on operating funds over the life of the bill. The 
     Conference substitute provides the Secretary with a waiver of 
     the limitation on operating expenses, provided such waiver is 
     used only in the interest of national security. Use of the 
     waiver requires Congressional notification, prior to any such 
     action. The Conference substitute also requires any funds 
     distributed under Public Law 110-28 to be allocated based on 
     risk and distributed solely to address security issues that 
     have already been identified in security assessments.
     Section 1407. Security exercises
       There is no comparable House provision.
       The Senate bill did not include a separate exercise 
     provision, although security exercises were an eligible 
     expense under the program, as shown in Section 1504(b).
       The Conference substitute adopts more specific language and 
     requirements for the Secretary to establish a program for 
     conducting security exercises. The program shall cover public 
     transportation agencies, Federal, State and local 
     governments, including emergency response providers and law 
     enforcement as well as any other organizations that the 
     Secretary determines are appropriate to include.
     Section 1408. Public transportation security training program
       There is no comparable House provision.
       Section 1505 of the Senate bill contains a transit security 
     training program detailing how the Secretary, in consultation 
     with appropriate officials, is required to develop and issue 
     detailed regulations for a public transportation worker 
     security training program. Public transportation agencies who 
     receive security funding must develop a comprehensive worker 
     training program and submit it to the Secretary for approval. 
     The Secretary must review the program and make necessary 
     revisions. No later than one year after the plan has been 
     established and reviewed, the public transportation agency 
     must complete the training of all workers. The Secretary is 
     required to report to Congress on the training program and 
     update it as necessary.
       The Conference substitute adopts the security training 
     program with modification. The Conference substitute requires 
     all public transportation systems that receive security 
     grants under this Title to train all frontline public 
     transportation employees and other workers, as appropriate. 
     The training requirement is for both initial and ongoing

[[Page 20736]]

     training for any agency that receives a security grant. The 
     Conference substitute requires the Secretary to issue 
     regulations, including interim final regulations, to 
     implement the training requirement. In developing these 
     regulations the Secretary must consult with appropriate law 
     enforcement, fire service security, terrorism experts, 
     representatives of public transportation systems and 
     nonprofit employee labor organizations representing public 
     transportation workers or emergency response personnel. 
     Public transportation agencies that receive security funding 
     must develop a comprehensive employee training program and 
     submit it to the Secretary for approval. The Secretary must 
     review the program and make necessary revisions. Not later 
     than one year after each public transportation agency's 
     training program has been established and reviewed, the 
     public transportation agency must complete the training of 
     all workers covered under the program. The Conference 
     substitute also includes a study to be conducted by the 
     Comptroller General on the implementation of the training 
     program, requiring a survey of transit agencies and 
     employees.
     Section 1409. Public transportation research and development.
       There is no comparable House provision.
       Section 1507 of the Senate bill includes a transportation 
     research and development section to establish, through the 
     Homeland Security Advanced Research Projects Agency, and in 
     consultation with the Federal Transit Administration, a 
     program to distribute grants or contracts to public and 
     private entities to conduct appropriate research into 
     technologies or methods of deterring and mitigating the 
     effects of terrorist attacks. The Secretary must report to 
     the Congress on the use of these funds and if the Secretary 
     determines that grant funds were misspent, the grantee shall 
     return grant funds to the Treasury of the United States.
       The Conference substitute adopts the Senate provision with 
     a modification to establish a research and development 
     program related to public transportation. The program will be 
     established through the Homeland Security Advanced Research 
     Projects Agency in the Science and Technology Directorate and 
     will consult with the Federal Transit Administration. Grants 
     and/or contracts will be awarded to public or private 
     entities to conduct research or demonstrate technologies and 
     methods to reduce and deter terrorist threats or to mitigate 
     damage resulting from an attack. The Conference substitute 
     also adopts language regarding privacy and civil rights and 
     the Senate language on reporting and misspent grant funds and 
     requires coordination with the priorities included in the 
     National Strategy for Public Transportation Security. The 
     Conference substitute authorizes $25,000,000 per year for 
     this program.
     Section 1410. Intelligence sharing
       There is no comparable House provision.
       The Senate bill, Section 1506, required the Secretary to 
     provide sufficient financial assistance for the reasonable 
     costs of the Information Sharing and Analysis Center for 
     Public Transportation (ISAC). All transit agencies would be 
     encouraged to participate in the ISAC and those that the 
     Secretary deemed to be at significant risk would be required 
     to participate. The imposition of fees was prohibited.
       The Conference substitute adopts the Senate proposal with 
     modification. It includes a report to be conducted by the 
     Comptroller General to examine the value and efficacy of the 
     ISAC along with any other public transportation information 
     sharing programs ongoing at the Department of Homeland 
     Security, including the Homeland Security Information Network 
     (HSIN) system. The Conference substitute also authorizes 
     specific dollar amounts for the ISAC for Fiscal Years 2008-
     2010 and such sums as necessary for 2011 provided the 
     Comptroller's report has been submitted to Congress.
     Section 1411. Threat assessments
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute requires the Secretary to 
     complete a name-based security background check of public 
     transportation front-line employees against the consolidated 
     terrorist watch list and an immigration status check, within 
     one year after the date of enactment, similar to the threat 
     assessment conducted by the U.S. Coast Guard with regard to 
     facility employees and longshoremen.
     Section 1412. Reporting requirements
       There is no comparable House provision.
       Section 1508 of the Senate bill includes a reporting 
     section that required the Secretary to submit a semi-annual 
     report to the Committee on Banking, Housing and Urban 
     Affairs, the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations, on the 
     implementation of the capital and operational grant programs, 
     the use of funds and the State of public transportation 
     security in the United States. It further requires the 
     Secretary to submit an annual report regarding the amount and 
     use of grant funds to the Governor of each State with a 
     public transportation agency that has received a grant.
       The Conference substitute broadens the reporting 
     requirements included in the Senate bill to ensure that 
     Congress receives substantive, useful information regarding 
     public transportation security from the Department of 
     Homeland Security. To that end, the Conference substitute 
     includes an annual report to Congress, due on March 31st of 
     each year, that includes: a description of the implementation 
     of the provisions of Title XIV; the amount of funds 
     appropriated to carry out the title that have not been spent; 
     the National Strategy for Public Transportation Security; an 
     estimate of the costs to fully implement the National 
     Strategy for Public Transportation Security, to be broken out 
     for each Fiscal Year from 2008 through 2018; and the state of 
     public transportation security in the United States. The 
     Conference substitute maintains the Senate's requirement of 
     an annual report to the Governors.
     Section 1413. Whistleblower protection
       There is no comparable House provision.
       The Senate bill modifies existing whistleblower protections 
     for rail employees.
       The Conference substitute adopts protections for public 
     transportation employee whistleblowers, modeled on the 
     protections available to railroad employees under 49 U.S.C. 
     20109 as amended by this Act and aviation employees under 49 
     U.S.C. 42121.
     Section 1414. Security background checks of covered 
         individuals for public transportation
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision to ensure that 
     if the Secretary of Homeland Security requires or recommends 
     security background checks of public transportation 
     employees, adversely affected employees will have an adequate 
     redress process.
     Section 1415. Limitation on fines and civil penalties.
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute prohibits the Secretary and the 
     surface transportation security inspectors (STSI) from 
     issuing fines and civil penalties on public transportation 
     agencies except in certain circumstances.
       The Secretary and the STSIs should use fines and civil 
     penalties as a last recourse to achieve public transportation 
     agency compliance with DHS security regulations only when 
     other reasonable methods of gaining compliance have not 
     produced adequate results. If a public transportation agency 
     fails to correct a violation or to propose an alternative 
     means of compliance acceptable to the Secretary, then the 
     Secretary may issue fines or civil penalties under section 
     1302 of the Conference substitute. Additionally, the 
     provision restricts the Secretary or STSIs from issuing fines 
     and civil penalties for violations of administrative and 
     procedural requirements related to the application and use of 
     funds awarded under the transportation security grant 
     programs in this Act. However, the Conference does not 
     consider fraud, gross misuse of grant funds, or any criminal 
     conduct related to the application for or use of grant funds 
     awarded under this Act to be administrative requirements and, 
     therefore, those acts will not be shielded from fines or 
     civil penalties issued by the Secretary.

               TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

     Section 1501. Definitions
       Section 1001 of the House bill contains several definitions 
     related to transportation security.
       Section 1411 of the Senate bill defines the term ``high 
     hazard materials.''
       The Conference substitute adopts definitions for terms 
     applicable to the title, including a new definition of 
     ``security-sensitive materials,'' which must be defined by 
     the Secretary of Homeland
       Security (the Secretary) through a rule making. The 
     Conference believes that completing the definition of 
     ``security-sensitive materials'' should be a high priority 
     for the Department of Homeland Security (the Department or 
     DHS), since the definition of this term is a pre-requisite 
     for the implementation of several other provisions within 
     this title.
     Section 1502. Oversight and Grant Procedures
       There is no comparable House provision.
       Section 1426 of the Senate bill authorizes the Secretary of 
     Homeland Security to enter into contracts to audit and review 
     grants awarded under the bill. The Secretary is required to 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures. In awarding grants, the Secretary may issue 
     letters of intent (LOI) to recipients of grants awarded under 
     this bill, as the Secretary may do now for aviation security 
     funding through the Transportation Security Administration 
     (TSA).
       The Conference substitute adopts the Senate provision as 
     modified. It requires the Secretary to establish procedures, 
     including those for monitoring and auditing to ensure that 
     grants are expended properly and for application and 
     qualification for grants. The provision also provides that 
     for grants awarded to Amtrak under this title, the Secretary 
     shall coordinate with the Secretary of the Department of 
     Transportation (DOT) in

[[Page 20737]]

     establishing necessary grant procedures. Additionally, the 
     provision permits either Department to enter into contracts 
     for additional audits and reviews of such grants to Amtrak.
       The Conference substitute also permits the Secretary of 
     Homeland Security to issue LOI's to grant recipients. The 
     Conference acknowledges that an LOI is not a commitment of 
     future funds by an agency. The Conference substitute requires 
     that grant recipients return any misspent funds and that the 
     Secretary take all necessary action to return such funds. It 
     also requires the Secretary to notify appropriate 
     Congressional Committees of its intent to award a grant. 
     Finally, the Conference substitute requires that the 
     Secretary ensure, to extent practicable, that grant 
     recipients use disadvantaged business concerns as contractors 
     or subcontractors.
     Section 1503. Authorization of Appropriations
       There is no comparable House provision.
       Section 1437 of the Senate bill authorizes appropriations 
     for the Secretary of Homeland Security for Fiscal Years 
     (FY's) 2008-2010 and for the Secretary of Transportation for 
     FY's 2008-2011 to carry out the activities required by the 
     Act.
       The Conference substitute adopts the Senate provision as 
     modified to reflect the authorization levels contained within 
     the sections of this title.
     Section 1504. Public Awareness
       There is no comparable House provision.
       Section 1434 of the Senate bill requires the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, within 90 days after the date of enactment of 
     this Act, to develop a national plan for improved public 
     outreach and awareness of measures that the general public, 
     railroad passengers, and railroad employees can take to 
     increase railroad system security. Not later than 9 months 
     after the date of enactment of this Act, the Secretary would 
     be directed to implement this plan.
       The Conference substitute adopts the Senate provision with 
     minor modifications, including adding over-the-road bus 
     security matters to the provision.

                     Subtitle B--Railroad Security

     Section 1511. Railroad Transportation Security Risk 
         Assessment and National Strategy
       There is no comparable House provision.
       Section 1421 of the Senate bill requires the Secretary of 
     Homeland Security to establish a task force comprised of the 
     Transportation Security Administration (TSA) and others to 
     complete a risk assessment of freight and passenger rail 
     transportation. It also requires the development of 
     recommendations for improving rail security based on the 
     required risk assessment and the establishment of plans to 
     address such recommendations. This section requires the 
     Secretary to report to the appropriate Congressional 
     Committees on the assessment, recommendation, plans and costs 
     to implement such recommendations. In addition, the Secretary 
     is required to include in the recommendations a plan for the 
     Federal government to provide security support at high threat 
     levels of alert; a plan for coordinating existing and planned 
     rail security initiatives undertaken by public and private 
     entities; and a contingency plan developed in conjunction 
     with intercity and commuter passenger railroads to ensure the 
     continued movement of freight and passengers in the event of 
     a terrorist attack. The provision authorizes $5 million for 
     Fiscal Year 2008 to carry out this section.
       The Conference substitute adopts the Senate provision, as 
     modified. The modified provision requires the Secretary to 
     establish a task force to complete a nationwide railroad 
     security risk assessment, including freight, intercity 
     passenger and commuter railroads. The Secretary may make use 
     of the Government Coordinating Council in the establishing of 
     the task force. Based upon this assessment, the Secretary is 
     required to develop a modal plan for railroad security, 
     entitled the ``National Strategy for Railroad Transportation 
     Security,'' which will serve as the general Federal strategy 
     for improving railroad security.
       In completing the assessment and the strategy required by 
     this section, the Conference does not intend for TSA and the 
     Department of Homeland Security to unnecessarily re-do 
     existing assessment and modal plan work, of sufficient 
     quality and relevance, already completed by the agency or 
     other Federal, private or public stakeholders. However, the 
     Conference expects any existing assessments and existing 
     modal plans used to be synthesized into a comprehensive and 
     coherent total assessment and strategy, not simply compiled 
     into a single document. The Conference substitute authorizes 
     $5 million for FY 2008 to carry out this section.
       The Conference notes its frustration with TSA's inability 
     to complete a comprehensive risk assessment and national 
     strategy for the railroad sector. The Conference believes 
     fulfillment of this section to be an absolute priority, so 
     that the results of the assessment may be used to guide the 
     ongoing rail security efforts and the new programs called for 
     in this Conference substitute.
     Section 1512. Railroad Carrier Assessments and Plans
       There is no comparable House provision.
       Section 1421 of the Senate bill requires the Secretary of 
     Homeland Security to establish a task force to complete a 
     risk assessment of freight and passenger rail transportation, 
     develop recommendations for improving rail security based on 
     the risk assessment, and establish plans to address such 
     recommendations.
       The Conference substitute adopts a provision addressing 
     railroad carrier risk assessments based upon elements of 
     Senate Section 1421. The provision would require that 
     railroad carriers assigned to a high-risk tier by the 
     Secretary complete a vulnerability assessment and develop 
     security plans to be approved by the Secretary. In addition, 
     the Secretary would be authorized to establish a program to 
     provide guidance and assistance for undertaking assessments 
     and security plans and a process by which such voluntary 
     assessments and plans may be approved by the Secretary for 
     railroad carriers not assigned to a high-risk tier.
     Section 1513. Railroad Security Assistance
       There is no comparable House provision.
       Section 1424 of the Senate bill authorizes the Secretary of 
     Homeland Security, in consultation with the TSA and other 
     entities, to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used to transport hazardous materials, institutions of higher 
     education, State and local governments, and Amtrak, for full 
     or partial reimbursement of costs incurred to prevent or 
     respond to acts of terrorism, sabotage, or other risks. The 
     Secretary would be required to adopt necessary procedures to 
     ensure that grants made under this section are expended in 
     accordance with the purposes of the Act. The Secretary awards 
     and distributes all grants under this provision, except for 
     grants to Amtrak which the Secretary can award, but the 
     Secretary of Transportation would distribute using the well-
     established DOT grant process which is used to distribute 
     Federal operating and capital grants Amtrak. This section 
     authorizes $100 million for the Department of Homeland 
     Security for each of Fiscal Years 2008 through 2010 to carry 
     out this section. Grants to Amtrak are limited to $45 million 
     over the authorization period and certain grants related to 
     hazardous materials rail security are limited to $80 million 
     in total over the authorization period.
       The Conference substitute adopts a modified version of the 
     Senate provision. The provision establishes a railroad 
     security grant program for railroads that have completed a 
     vulnerability assessment and security plan under Section 1513 
     of the Conference substitute for a permissible use identified 
     within the section. However, the Secretary has the discretion 
     during the first three years after the date of enactment of 
     the Act, or up until one year after the regulations are 
     issued under section 1513, to award grants based on 
     vulnerability assessments and security plans developed by 
     railroad carriers that do not meet the requirements of 
     Section 1513 if the Secretary finds such assessments and 
     plans sufficient. Additionally, grants can be awarded under 
     this provision to fully or partially fund the assessments and 
     plans required under Section 1513. The Conference includes 
     these provisions to ensure that eligible entities would be 
     authorized to receive grants funds under this section as soon 
     as possible upon enactment of the Conference substitute and 
     so that eligible entities could use grant funds to develop 
     the assessments and plans required under Section 1513 in a 
     timely fashion.
       The Conference substitute assigns the responsibility of 
     awarding and distributing grants to the Secretary, except for 
     grants to Amtrak which the Secretary can award, but which the 
     Secretary of Transportation would distribute using the well-
     established Department of Transportation grant process to 
     Amtrak. The Secretary of Homeland Security is also required 
     to report to the appropriate Congressional Committees on the 
     feasibility and appropriateness of requiring non-Federal 
     match for grants awarded under this provision.
       The Conference believes the authorization of this grant 
     program is particularly important because little of the 
     existing DHS rail and transit security grant funds have been 
     available to intercity passenger rail security and no grant 
     funds have been made available for freight railroad security.
     Section 1514. System-Wide Amtrak Security Upgrades
       There is no comparable House provision.
       Section 1422 of the Senate bill authorizes the Secretary of 
     Homeland Security, in consultation with the TSA, to make 
     grants to Amtrak for the purposes of upgrading the security 
     of assets, systems and infrastructure; securing tunnels, 
     trains, and stations; hiring additional police officers; 
     expanding emergency preparedness efforts; and for employee 
     security training. The provision also requires that the 
     Secretary of Transportation disburse the grants to Amtrak for 
     projects contained in its system-wide security plan that it 
     is required to develop. The provision authorizes funds to be 
     appropriated for grants under this section for Fiscal Years 
     2008 through 2010.
       The Conference substitute adopts the Senate provision as 
     modified. The authorization amounts are increased and 
     extended one Fiscal Year to reflect current and anticipated 
     Amtrak security expenditures.

[[Page 20738]]


     Section 1515. Fire and Life Safety Improvements.
       There is no comparable House provision.
       Section 1423 of the Senate bill authorizes the Secretary of 
     Transportation to make grants to Amtrak for the purpose of 
     making fire and life-safety improvements to Amtrak tunnels on 
     the Northeast Corridor. This section authorizes $100 million 
     in funding for the Department of Transportation for each of 
     Fiscal Years 2008 through 2011 to make fire and life-safety 
     improvements to the New York/New Jersey tunnels; $10 million 
     for each of Fiscal Years 2008 through 2011 for improvements 
     of the Baltimore & Potomac and Union tunnels in Baltimore, 
     Maryland; and $8 million for each of Fiscal Years 2008 
     through 2011 for improvements of the Washington, D.C., Union 
     Station tunnels. The Secretary of Transportation is required 
     to approve plans submitted by Amtrak before distributing 
     grants. In addition, the Secretary of Transportation is 
     authorized to consider the feasibility of seeking a financial 
     contribution from other rail carriers towards the cost of the 
     project. This section also authorizes $3 million in FY 2008 
     for preliminary design of a new railroad tunnel in Baltimore, 
     Maryland.
       The Conference substitute adopts the Senate provision, but 
     with reduced authorization levels to reflect the completion 
     of portions of phase 1 of Amtrak's tunnel fire and life 
     safety projects since the consideration of S.4 by the Senate, 
     and other changes.
     Section 1516. Railroad Carrier Exercises
       Section 101 of the House bill provides grants to fund 
     exercises to strengthen preparedness against risks of 
     terrorism. Sections 301 and 302 of the House bill strengthen 
     the design of the national exercise program to require it to 
     enhance the use and understanding of the Incident Command 
     System (ICS) by requiring that the national exercise program 
     include model exercises for use by State, local and tribal 
     governments. Section 1101 of the House bill requires the 
     Secretary of Homeland Security to establish a program to 
     enhance private sector preparedness for acts of terrorism and 
     other emergencies and disasters, developing and conducting 
     training and exercises to support and evaluate emergency 
     preparedness and response plans and operational procedures.
       There is no comparable Senate provision.
       The Conference substitute adopts a new provision that 
     requires the Secretary to create a security exercises program 
     to test and evaluate the ability of railroads to prevent, 
     prepare for, mitigate against, respond to, and recover from 
     acts of terrorism. The provision also requires that the 
     exercises conducted be tailored to the needs of particular 
     facilities, including accommodations for individuals with 
     disabilities; live, in the case of the most at-risk 
     facilities to a terrorist attack; and coordinated with 
     appropriate officials. The Conference substitute also 
     requires that the Secretary, together with the Secretary of 
     Transportation, ensure that the program consolidates existing 
     railroad security exercises that are administered by the 
     Departments, unless this requirement is waived by the 
     Secretary of Homeland Security.
       The Conference intends for there to be one primary rail 
     security exercises program within the Federal government 
     administered by TSA, but are including the waiver authority 
     to ensure that any Department of Transportation railroad 
     safety or railroad hazardous materials exercises that have a 
     nexus with security are not automatically consolidated into 
     this program. The Conference expects that the consolidation 
     of exercises that primarily relate to safety would only occur 
     with the concurrence of the Secretary of Transportation and 
     the Secretary of Homeland Security.
     Section 1517. Railroad Security Training Program
       There is no comparable House provision.
       Section 1429 of the Senate bill requires the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, not later than 1 year after the date of 
     enactment of this Act, to work with law enforcement 
     officials, as well as terrorism and railroad security 
     experts, to develop and issue detailed guidance for a 
     railroad worker security training program to prepare front-
     line workers for potential security threat conditions. This 
     section also would require railroad carriers to adopt a 
     worker security training program in accordance with the 
     guidance and submit it to the Secretary of Homeland Security 
     for approval. Within one year after the Secretary completes a 
     review of a railroad carriers' training programs, the 
     railroad carrier would be required to complete the training 
     of all front-line employees consistent with the approved 
     program.
       The Conference substitute adopts the Senate provision with 
     modified language that requires the Secretary, in 
     consultation with appropriate parties, to issue regulations 
     for a railroad training program to prepare frontline 
     employees, as defined in section 1501 of the Conference 
     substitute, for potential security threats and conditions. 
     Not later than 90 days after the Secretary issues 
     regulations, each railroad carrier would be required to 
     submit for review and approval a security training program. 
     Each freight and passenger railroad is required to complete 
     training of all employees not later than one year after the 
     Secretary approves its training program. The Secretary is 
     required to review implementation of the training program.
     Section 1518. Railroad Security Research and Development
       There is no comparable House provision.
       Section 1425 of the Senate bill requires the Secretary of 
     Homeland Security to, in conjunction with the Department of 
     Homeland Security's Undersecretary for Science and Technology 
     and the Administrator for TSA, and in consultation with the 
     Secretary of Transportation, carry out a research and 
     development program for the purpose of improving freight and 
     intercity passenger rail security. In carrying out this 
     section, the Secretary of Homeland Security would be required 
     to coordinate with other research and development initiatives 
     at the Department of Transportation. The Secretary also may 
     award research and development grants to certain entities 
     described in this section. This section authorizes $33 
     million for the DHS for each of Fiscal Years 2008 through 
     2011 for the Secretary to carry out this section.
       The Conference substitute adopts the Senate provision as 
     modified to extend the authorizations to Fiscal Year 2011, to 
     ensure coordination with other research and development 
     initiatives, and with a provision included to ensure that any 
     activities carried out under this section that could affect 
     privacy, civil liberties or civil rights would receive 
     privacy impact assessments.
     Section 1519. Railroad Tank Car Security Testing
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that would 
     assess likely methods of a deliberate attack on a railroad 
     tank car transporting toxic-inhalation-hazard materials and 
     the potential impact of such attacks. It requires the 
     Secretary of Homeland Security to conduct certain physical 
     tests as part of the assessment and to submit a report within 
     30 days of completing the assessment to the appropriate 
     Congressional Committees. The Conference substitute also 
     requires an air dispersion modeling analysis of a rail tank 
     car carrying toxic-inhalation-hazard materials and specifies 
     factors to be considered in that analysis, as well as parties 
     to be consulted in conducting such analysis. Further, the 
     substitute directs the Secretary to share the information 
     developed through the analysis and submit a report to the 
     appropriate Congressional Committees within 30 days of 
     completion of all the modeling exercises. In performing the 
     physical testing required under this section, the Conference 
     expects that the Secretary will take into account other 
     Federal agencies and resources with applicable expertise in 
     such matters.
     Section 1520. Railroad Threat Assessments
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute requires the Secretary of 
     Homeland Security to implement a threat assessment screening 
     program for all relevant transportation employees within one 
     year after the date of enactment, including a name-based 
     check for all employees against the consolidated terrorist 
     watch list and an immigration status check, similar to the 
     threat assessment conducted by the U.S. Coast Guard with 
     regard to port workers.
     Section 1521. Railroad Employee Protections
       There is no comparable House provision.
       Section 1430 of the Senate bill updates the existing 
     railroad employee protections statute to protect railroad 
     employees from adverse employment impacts due to 
     whistleblower activities related to rail security. The 
     provision precludes railroad carriers from discharging, or 
     otherwise discriminating against, a railroad employee because 
     the employee, or the employee's representative: provided, 
     caused to be provided, or is about to provide, to the 
     employer or the Federal government information relating to a 
     reasonably perceived threat to security; provided, caused to 
     be provided, or is about to provide testimony before a 
     Federal or State proceeding; or refused to violate or assist 
     in violation of any law or regulation related to rail 
     security.
       The Conference substitute adopts a modified version of the 
     Senate language. It modifies the railroad carrier employee 
     whistleblower provisions and expand the protected acts of 
     employees, including refusals to authorize the use of safety-
     related equipment, track or structures that are in a 
     hazardous condition. Additionally, the Conference substitute 
     enhances administrative and civil remedies for employees, 
     similar to those in subsection 42121(b) of title 49, United 
     States Code. The language also provides for de novo review of 
     a complaint in Federal District Court if the Department of 
     Labor does not timely issue an order related to the 
     complaint. The Conference substitute also raises the cap on 
     punitive damages that could be awarded under this provision 
     from $20,000 to $250,000.
       The Conference notes that railroad carrier employees must 
     be protected when reporting a safety or security threat or 
     refusing to work when confronted by a hazardous safety or 
     security condition to enhance the oversight measures that 
     improve transparency

[[Page 20739]]

     and accountability of the railroad carriers. The Conference, 
     through this provision, intends to protect covered employees 
     in the course of their ordinary duties. The intent of this 
     provision is to ensure that employees can report their 
     concerns without the fear of possible retaliation or 
     discrimination from employers.
     Section 1522. Security Background Checks of Covered 
         Individuals
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that would 
     ensure that if the Secretary of Homeland Security issues a 
     rule, regulation or directive requiring private employers to 
     conduct security background checks for railroad workers, that 
     it include a redress process for such workers similar to that 
     provide under the Transportation Worker Identification 
     Credential (TWIC) final rule, as required by 46 U.S.C. 
     70105(c). The Secretary is also required to update private 
     employers conducting background checks regarding guidance 
     that has been issued and ensure that any future guidance 
     issued on the topic is consistent with this provision. The 
     Conference substitute requires the Secretary to issue a 
     regulation prohibiting a railroad carrier or contractor or 
     subcontractor to a railroad carrier from knowingly 
     misrepresenting to an employee or other relevant person, 
     including an arbiter involved in a labor arbitration, the 
     scope, application, or meaning of any rules, regulations, 
     directives, or guidance issued by the Secretary related to 
     security background check requirements for covered 
     individuals when conducting a security background check.
       It is not the intent of the Conference that this provision 
     imply that it favors the Department of Homeland Security 
     (DHS) requiring private employers to undertake security 
     background checks. Rather, the Conference intends for the 
     provision to ensure that if such regulations were ever to be 
     promulgated by DHS, that it would contain due process 
     protections similar to those in the TWICE rule would be 
     available for employees. The Conference intends for private 
     employees to retain all rights and authorities afforded them 
     otherwise as private employers.
     Section 1523. Northern Border Railroad Passenger Report
       There is no comparable House provision.
       Section 1428 of the Senate bill requires the Secretary, in 
     consultation with the Transportation Security Administration 
     (TSA), the Secretary of Transportation, heads of other 
     appropriate Federal Departments and Agencies, and Amtrak, 
     within one year after the date of enactment, to submit a 
     report to Congress that contains: a description of the 
     current system for screening passengers and baggage on rail 
     service between the United States and Canada; an assessment 
     of the current program to provide pre-clearance of airline 
     passengers between the United States and Canada; an 
     assessment of the current program to provide pre-clearance of 
     freight railroad traffic between the United States and 
     Canada; information on progress by the Department and other 
     Federal agencies towards finalizing a bilateral protocol with 
     Canada that would provide for pre-clearance of passengers on 
     trains operating between the United States and Canada; a 
     description of legislative, regulatory, budgetary, or policy 
     barriers to providing pre-screened passenger lists for such 
     passengers; a description of the Canadian position with 
     respect to pre-clearance; a draft of any changes to Federal 
     law necessary to allow for pre-screening; and a feasibility 
     analysis of reinstating in-transit inspections onboard 
     international Amtrak trains.
       The Conference substitute adopts the Senate provision and 
     includes language to ensure that any activities carried out 
     under this section that could affect privacy, civil liberties 
     or civil rights will receive privacy impact assessments. The 
     Conference notes the significant delays that routinely plague 
     Amtrak trains due to screening of passenger at or near the 
     U.S.-Canadian border and that these delays both hamper 
     international rail travel and increase costs for Amtrak, and 
     therefore the Federal government. The Conference expects the 
     Secretary of Homeland Security to work, in cooperation with 
     Amtrak and the Canadian Government, to take steps to minimize 
     such delays, as soon as practicable.
     Section 1524. International Railroad Security Program
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that would 
     require the Secretary of Homeland Security to develop a 
     system to detect both undeclared passengers and contraband 
     entering the United States by railroad, with a primary focus 
     on the detection of nuclear and radiological materials and to 
     submit a report to Congress on its progress. The Secretary, 
     in consultation with the TSA, the Domestic Nuclear Detection 
     Office, and Customs and Border Protection, may take a number 
     of actions authorized by the provision to develop this 
     system.
     Section 1525. Transmission Line Report
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that would 
     require that the Comptroller General perform the assessment 
     of the security, safety, economic benefits and risks 
     associated with the placement of high-voltage transmission 
     lines along active railroad and other transportation rights 
     of way.
     Section 1526. Railroad Security Enhancements
       There is no comparable House provision.
       Section 1433 of the Senate bill allows police officers 
     employed by a railroad to be deputized to help a second 
     railroad in carrying out enforcement duties on the second 
     railroad. In addition, the provision would require the 
     Secretary of Transportation to write and distribute to States 
     model railroad police commissioning laws to help prevent the 
     problems posed by so-called ``scam railroads.'' ``Scam 
     railroads'' are companies that are organized as railroads in 
     order to obtain police powers but are not actually engaged in 
     the railroad business.
       The Conference substitute adopts the Senate provision as 
     modified to extend the date by which the Secretary of 
     Transportation would be directed to complete the model state 
     legislation.
     Section 1527. Applicability of District of Columbia Law to 
         Certain Amtrak Contracts
       There is no comparable House provision.
       Senate Section 1438 would require that any lease entered 
     into between the National Railroad Passenger Corporation and 
     the State of Maryland be governed by District of Columbia 
     law.
       The Conference substitute adopts the Senate provision.
     Section 1528. Railroad Preemption Clarification
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that is would 
     to clarify the intent and interpretations of the existing 
     preemption statute and to rectify the Federal court decisions 
     related to the Minot, North Dakota accident that are in 
     conflict with precedent. The modified language restructures 
     49 U.S.C. Sec. 20106 and changes its title from ``National 
     Uniformity of Regulation'' to ``Preemption'' to indicate that 
     the entire section addresses the preemption of State laws 
     related to railroad safety and security.
       Subpart (a) of the Conference substitute is titled 
     ``National Uniformity of Regulation'' and contains the exact 
     text of 49 U.S.C. Sec. 20106 as it existed prior to enactment 
     of this Act. It is restructured for clarification purposes; 
     however, the restructuring is not intended to indicate any 
     substantive change in the meaning of the provision.
       Subpart (b) of the Conference substitute provides further 
     clarification of the intention of 49 U.S.C. Sec. 20106, as it 
     was enacted in the Federal Railroad Safety Act of 1970, to 
     explain what State law causes of action for personal injury, 
     death or property damage are not preempted. It clarifies that 
     49 U.S.C. Sec. 20106 does not preempt State law causes of 
     action where a party has failed to comply with the Federal 
     standard of care established by a regulation or order issued 
     by the Secretary of Transportation or the Secretary of 
     Homeland Security, its own plan or standard that it created 
     pursuant to a regulation or order issued by either of the 
     Secretaries, or a State law, regulation or order that is not 
     incompatible with 49 U.S.C. Sec. 20106(a)(2).
       The modified language also contains a retroactivity 
     provision, which clarifies that 49 U.S.C. Sec. 20106 applies 
     to all pending State law causes of action arising from 
     activities or events occurring on or after January 18, 2002, 
     the date of the Minot, North Dakota derailment. Finally, this 
     provision indicates that nothing in 49 U.S.C. Sec. 20106 
     creates a Federal cause of action on behalf of an injured 
     party or confers Federal question jurisdiction for such State 
     law causes of action.

          Subtitle C--Over-the-Road Bus and Trucking Security

     Section 1531. Over-the-Road Bus Security Assessments and 
         Plans
       There is no comparable House provision.
       Section 1447 of the Senate bill requires the Secretary of 
     Homeland Security to establish a program within the 
     Transportation Security Administration (TSA) to make grants 
     to private over-the-road bus operators and over-the-road bus 
     terminal operators for the purposes of improving bus 
     security. The provision stipulates that the Secretary may not 
     make grants to over-the-road operators until the operators 
     have submitted security plans and provided additional 
     information that the Secretary may require. Section 1447 also 
     requires the Secretary to undertake a bus security 
     assessment, that would include an assessment of: the existing 
     over-the-road bus security grant program; actions already 
     taken to address identified security issues by both public 
     and private entities and recommendations on whether 
     additional safety and security enforcement actions are 
     needed; whether additional legislation is needed to provide 
     for the security of Americans traveling on over-the-road 
     buses; the economic impact that security upgrades of buses 
     and bus facilities may have on the over-the-road bus 
     transportation industry and its employees; ongoing research 
     and the need for additional research on over-the-road bus 
     security, including engine shut-off mechanisms, chemical and 
     biological weapon detection technology, and the feasibility 
     of compartmentalization of the driver; industry best 
     practices to enhance security; and

[[Page 20740]]

     school bus security, if the Secretary deems it appropriate.
       The Conference substitute requires the Secretary to issue 
     regulations, not later than 18 months after the date of 
     enactment, to require high-risk over-the-road bus operators 
     to conduct vulnerability assessments and develop, submit and 
     implement approved security plans. It allows the Secretary to 
     establish a security program for over-the-road bus operators 
     not assigned to a high-risk tier, including guidance on 
     vulnerability assessments and security plans, and a review 
     process, as appropriate. The Conference substitute also 
     requires the Secretary to provide technical assistance and 
     guidance on components of vulnerability assessments and 
     security plans, in addition to relevant threat information 
     necessary for preparing such assessments and plans. It 
     requires the Secretary to review the vulnerability 
     assessments and security plans not later than 6 months upon 
     receipt, and approve such assessments and plans meeting the 
     established requirements. The Conference substitute requires 
     the Secretary to assign each over-the-road bus operator to a 
     risk based tier and operators may be reassigned by the 
     Secretary based on changes in risk. Finally, it requires that 
     the over-the-road bus operators evaluate the adequacy of the 
     assessments and plans submitted to the Secretary not later 
     than 3 years after the date on which the assessment or plan 
     was submitted, and at least once every five years thereafter.
     Section 1532. Over-the-Road Bus Security Assistance
       There is no comparable House provision.
       Section 1447 of the Senate bill requires the Secretary of 
     Homeland Security to establish a program within TSA to make 
     grants to private over-the-road bus operators and over-the-
     road bus terminal operators for the purposes of emergency 
     preparedness drills and exercises, protecting high risk 
     assets, counter-terrorism training and other security-related 
     actions. This provision requires the Secretary, in making 
     grants, to take into consideration security measures that 
     over-the-road bus operators have taken since September 11, 
     2001. The Secretary may not make grants to private operators 
     until the operators have submitted security plans and 
     provided additional information that the Secretary may 
     require. The provision further stipulates that the Secretary 
     must submit a report to Congress and must consult with 
     industry, labor and other groups. This provision authorizes 
     the following funding: $12 million for FY 2008, $25 million 
     for FY 2009, and $25 million for FY 2010. Section 1447 
     requires the Secretary to select the grant recipients, award, 
     and distribute grants to eligible recipients.
       The Conference substitute adopts the Senate language, with 
     modifications. It requires the Secretary to establish a grant 
     program and stipulates that the funds may be used for one or 
     more of the following: construction and modifying terminals 
     to increase security; modifying over-the-road buses to 
     increase their security; protecting the driver of an over-
     the-road bus; acquiring or improving equipment to collect, 
     store and exchange passenger and driver information with 
     ticketing systems and for links with government agencies for 
     security purposes; installing cameras and video surveillance 
     equipment; establishing and improving emergency 
     communications systems; implementing and operating passenger 
     screening programs; developing public awareness campaigns for 
     over-the-road bus security; operating and capital costs 
     associated with over-the-road bus security; detection of 
     chemical, biological, radiological or explosives, including 
     the use of canine patrols; overtime reimbursement for 
     security personnel; live or simulated security exercises; 
     operational costs to hire, train and employ security 
     officers; development of assessments or security plans; and 
     other improvements deemed appropriate by the Secretary. The 
     Conference substitute requires the Secretary to select the 
     grant recipients and award the grants, but would require 
     that, within 90 days following the date of enactment, that 
     the Secretary and the Secretary of Transportation jointly 
     determine the most effective and efficient means to 
     distribute grants awarded under this section to grant 
     recipients. Dependent on the result of this determination, 
     one of the two Secretaries would be authorized to distribute 
     the grants awarded under this section.
       The Conference substitute also stipulates eligibility, 
     limitations on uses of funds, annual reports, and 
     consultation with stakeholders. It authorizes $12 million for 
     FY 2008 and $25 million for each of Fiscal Years 2009 through 
     2011.
     Section 1533. Over-the-Road Bus Exercises
       Section 101 of the House bill provides for grants to fund 
     exercises to strengthen terrorism preparedness. Sections 301 
     and 302 of the House bill strengthen the design of the 
     National exercise program to require it to enhance the use 
     and understanding of the Incident Command System (ICS) by 
     requiring that the National Exercise Program include model 
     exercises for use by State, local and tribal governments. 
     Section 1101 of the House bill requires the Secretary of 
     Homeland Security to establish a program to enhance private 
     sector preparedness for acts of terrorism and other 
     emergencies and disasters, including the development and the 
     conducting of training and exercises to support and evaluate 
     emergency preparedness, response plans, and operational 
     procedures.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision based on 
     elements of the House provisions that require the Secretary 
     to establish a program for conducting security exercises for 
     over-the-road bus transportation to prevent, prepare for, 
     mitigate, respond to, and recover from acts of terrorism. The 
     program shall include Federal, State, local agencies and 
     tribal governments; over-the-road bus operators and terminal 
     owners and operators; governmental and nongovernmental 
     emergency response providers and law enforcement agencies; 
     and other applicable entities. The program calls for 
     consolidation of existing security exercises administered by 
     the Department of Homeland Security, TSA and the Department 
     of Transportation, as appropriate, and shall be comprised of 
     live exercises tailored to the needs of the recipients, 
     coordinated with appropriate officials, inclusive of over-
     the-road bus frontline employees, and consistent with the 
     National Incident Management System, the National Response 
     Plan and other related national initiatives, including the 
     National Exercise Program. The exercises shall be evaluated 
     by the Secretary and the ensuing best practices shall be 
     shared with appropriate stakeholders, and used to develop 
     recommendations of appropriate action.
       The Conference intends for there to be one primary over-
     the-road bus security exercises program within the Federal 
     government administered by TSA, but are including the waiver 
     authority to ensure that any DOT motor carrier safety 
     exercises that have a nexus with security are not 
     automatically consolidated into this program. The Conference 
     expects that the consolidation of exercises that primarily 
     relate to safety would only occur with the concurrence of the 
     Secretary of Transportation and the Secretary of Homeland 
     Security.
     Section 1534. Over-the-Road Bus Security Training Program
       There is no comparable House provision.
       While there is no comparable Senate provision, Section 1447 
     of the Senate bill provides grants to over-the-road bus 
     operators and over-the-road bus terminal operators and owners 
     for the purposes of improving bus security, including 
     training employees in recognizing and responding to security 
     risks, evacuation procedures, passenger screening procedures, 
     and baggage inspection and hiring and training security 
     officers.
       The Conference substitute adopts a new provision that would 
     require, not later than 6 months after enactment, the 
     Secretary of Homeland Security and TSA to develop and issue 
     regulations for a bus training program to prepare the over-
     the-road bus frontline employees, as defined in section 1501 
     of the Conference substitute, for potential security threats 
     and conditions. In developing the regulation, the Secretary 
     shall consult with the appropriate stakeholders including law 
     enforcement, over-the-road bus operators, and nonprofit 
     employee labor organizations. The program shall include 
     security training for determining the following, including: 
     the seriousness of an incident or threat; driver and 
     passenger communication; appropriate responses and training 
     related to terrorist incidents; understanding security 
     procedures; operation and maintenance of security equipment. 
     Not later than 90 days upon issuance of the regulations, the 
     over-the-road bus operators shall develop security training 
     programs, which the Secretary shall review not later than 60 
     days upon receipt. Not later than 1 year after receiving the 
     Secretary's approval of the program, the over-the-road bus 
     operator shall complete the security training of all over-
     the-road bus frontline employees. The Secretary shall update 
     the training regulations, as appropriate and shall ensure 
     that the program developed is a component of the National 
     Training Program. Not later than 2 years after the issuance 
     of the regulation, the Secretary shall review the program and 
     report to the appropriate Congressional Committees.
     Section 1535. Over-the-Road Bus Security Research and 
         Development
       There is no comparable House provision.
       While there is no comparable Senate provision, Section 1447 
     of the Senate bill requires the Secretary of Homeland 
     Security to establish a program within TSA to make grants to 
     private over-the-road bus operators and over-the-road bus 
     terminal operators for the purposes of improving bus 
     security. The section also requires the Secretary to 
     undertake a bus security assessment that would include an 
     assessment of ongoing research and the need for additional 
     research on over-the-road bus security, including engine 
     shut-off mechanisms, chemical and biological weapon detection 
     technology, and the feasibility of compartmentalization of 
     the driver.
       The Conference substitute adopts a provision that requires 
     the Secretary, acting through the Under Secretary for Science 
     and Technology and the Administrator of the Transportation 
     Security Administration, to establish a research and 
     development (R&D) program for over-the-road bus security. 
     Eligible R&D projects include the following: reducing the 
     vulnerability to explosives and hazardous chemical, 
     biological and radioactive substances; testing of new 
     emergency

[[Page 20741]]

     response and recovery techniques; developing improved 
     technologies for emergency response training, and security 
     and redundancy for critical communications. The R&D program 
     shall be consistent with other transportation security R&D 
     programs required by the Act, and shall be coordinated with 
     related activities within the DHS as well as DOT, in addition 
     to R&D conducted by additional entities and agencies. The 
     provision permits R&D projects authorized in this section to 
     be enacted through a reimbursable agreement, if necessary, or 
     memoranda of understanding, contracts, grants, cooperative 
     agreements or other applicable transactions. The Conference 
     substitute also requires the Secretary to consult with the 
     Chief Privacy Officer of the Department, and the Officer for 
     Civil Rights and Civil Liberties, who must conduct privacy 
     impact assessments and reviews, respectively and as 
     appropriate, for R&D initiatives that could have an impact on 
     privacy, civil rights or civil liberties. Finally, the 
     provision authorizes $2 million for each of Fiscal Years 2008 
     through 2011.
     Section 1536. Motor Carrier Employee Protections
       There is no comparable House provision.
       Section 1430 of the Senate bill updates the existing 
     railroad employee protections statute to protect railroad 
     employees from adverse employment impacts due to 
     whistleblower activities related to rail security.
       The Conference substitute adopts a provision related to the 
     Senate provision which expands whistleblower protections to 
     motor carrier, including over-the-road bus, employees. It 
     amends the current motor carrier employee whistleblower 
     provision for safety to include whistleblower protections and 
     increase employee protections related to security. This 
     provision prohibits motor carriers from discriminating 
     against or discharging any employee who reports a safety or 
     security threat, or who refuses to work when confronted by 
     hazardous safety or security conditions. The Conference 
     substitute also provides employees with additional 
     administrative and civil remedies, including de novo review 
     of a complaint in Federal District Court if the Department of 
     Labor does not issue an order related to the complaint in a 
     timely fashion. It authorizes all relief necessary to make a 
     whistleblower whole, including damages, reinstatement with 
     prior seniority status, special damages, and attorneys' fees. 
     Punitive damages are also made available to employees in an 
     amount not exceed $250,000.
       The Conference believes that motor carrier, including over-
     the-road bus, employees must be protected when reporting a 
     safety or security threat or refusing to work when confronted 
     by hazardous safety or security condition. The Conference, 
     through this provision, intends to protect covered employees 
     in the course of their ordinary duties. The intent of this 
     provision is to ensure that employees can report their 
     concerns without the fear of possible retaliation or 
     discrimination from employers.
     Section 1537. Unified Carrier Registration System Agreement
       There is no comparable House provision.
       Section 1436 of the Senate bill reinstates the Single State 
     Registration System (SSRS) used by some States to levy motor 
     carrier registration fees. This system was repealed pursuant 
     to the Safe, Accountable, Flexible and Efficient 
     Transportation Equity Act--A Legacy for Users (SAFETEA-LU) in 
     the 109th Congress and a new Unified Carrier Registration 
     (UCR) system was required to be developed. However, the 
     Department of Transportation missed the deadlines to 
     implement the new UCR system, meaning the States no longer 
     have the necessary Federal authority to charge motor carriers 
     registration fees. The Senate provisions reinstate the SSRS 
     system until the UCR is implemented and thus provide 
     authority for the States to collect registration fees.
       The Conference substitute adopts a modified version of the 
     Senate provision which will extend the effect of Section 
     14504 of title 49, U.S. Code, until January 1, 2008 or the 
     effective date of final regulations issued under this 
     section. The provision establishes a deadline of not later 
     than October 1, 2007 for the Federal Motor Carrier Safety 
     Administration (FMCSA) to issue final regulations to 
     establish the Unified Carrier Registration System and set 
     fees for the calendar year 2008 and subsequent calendar 
     years, as required by law. The provision also amends relevant 
     sections of SAFETEA-LU. By enacting this provision, the 
     Conference does not intend that FMCSA should wait until 2008 
     to enact the Unified Carrier Registration System, in the 
     event that the necessary regulations and fee structure are 
     finalized in 2007. The Conference believes that FMCSA has the 
     authority to set fees for 2007 pursuant to SAFETEA-LU and 
     urges the expeditious enactment of the UCR plan and agreement 
     and system as soon as possible.
     Section 1538. School Bus Transportation Security
       There is no comparable House provision.
       While there is no comparable Senate provision, Section 1447 
     of the Senate bill requires the Secretary of Homeland 
     Security to establish a program within TSA to make grants to 
     private over-the-road bus operators and over-the-road bus 
     terminal operators for the purposes of improving bus 
     security. The section also requires the Secretary to 
     undertake a bus security assessment that would include an 
     assessment of school bus security, if the Secretary deems it 
     appropriate.
       The Conference substitute expands upon the Senate provision 
     and directs the Secretary to transmit a report to the 
     appropriate Congressional Committees containing a 
     comprehensive assessment of the risk of a terrorist attack on 
     the Nation's school bus transportation system. The report 
     shall include assessments of the following: the security 
     risks to the Nation's publicly and privately operated school 
     bus systems; actions taken by operators to address security 
     risks; and the need for additional actions and investments to 
     improve the security of passengers traveling on school buses. 
     In conducting these assessments, the Secretary shall consult 
     with relevant stakeholders.
     Section 1539. Technical amendment
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute amends subsection 1992(d)(7) of 
     title 18, United States Code, to clarify that a definition 
     includes intercity bus transportation.
     Section 1540. Truck security assessment
       There is no comparable House provision.
       Section 1445 of the Senate bill requires the Secretary, in 
     coordination with the Secretary of Transportation, to 
     transmit a report to Congress on security issues related to 
     the trucking industry.
       The Conference substitute adopts the Senate provision, as 
     modified. The Conference substitute requires the Secretary of 
     Homeland Security, in coordination with the Secretary of 
     Transportation, to issue a report, in either classified or 
     redacted format, or both, within one year that includes an 
     assessment of the security risks to the trucking industry, an 
     assessment of truck security actions already taken by public 
     and private entities, an assessment of the economic impact 
     that security upgrades might have on the trucking industry, 
     an assessment of ongoing security research, an assessment of 
     industry best practices, and an assessment of the current 
     status of secure truck parking.
     Section 1541. Memorandum of Understanding Annex
       There is no comparable House provision.
       Section 1443 of the Senate bill requires an annex to the 
     existing Memorandum of Understanding between the Department 
     of Transportation and the Department of Homeland Security 
     governing the specific roles, delineations of 
     responsibilities, resources and commitments of the two 
     Departments in addressing motor carrier transportation 
     security.
       The Conference substitute adopts the Senate provision with 
     a minor modification to emphasize that motor carrier 
     transportation includes over-the-road bus transportation.
     Section 1542. DHS Inspector General Report on Trucking 
         Security Grant Program
       There is no comparable House provision.
       Section 1453 of the Senate bill requires the Inspector 
     General of the Department to submit a report to Congress 
     within 90 days of enactment on the Trucking Security Grant 
     Program for Fiscal Years 2004 and 2005.
       The Conference substitute adopts the Senate provision, as 
     amended, to require the Inspector General of the Department 
     of Homeland Security to submit an additional report within 
     one year to Congress that analyzes, using all years of 
     available data, the performance, efficiency, and 
     effectiveness of, the need for, and recommendations regarding 
     the future of the Trucking Security Grant Program.

          Subtitle D--Hazardous Material and Pipeline Security

     Section 1551. Railroad Routing of Security-Sensitive 
         Materials
       There is no comparable House provision.
       Section 1431 of the Senate bill directs the Secretary of 
     Homeland Security, in consultation with TSA and the 
     Department of Transportation, to require rail carriers 
     transporting high hazard materials to develop security threat 
     mitigation plans, including alternative routing and temporary 
     shipment suspension options, and to address assessed risks to 
     high consequence targets. These threat mitigation plans are 
     to be implemented when the threat levels of the Homeland 
     Security Advisory System are high or severe or specific 
     intelligence of probable or imminent threat exists toward 
     high-consequence rail targets or infrastructure. Within 60 
     days of enactment of the Act, a list of routes used to 
     transport high hazard materials must be submitted to the 
     Secretary. Within 180 days after receiving the notice of high 
     consequence targets on such routes by the Secretary, each 
     rail carrier must develop and submit a high hazard materials 
     security threat mitigation plan to the Secretary. Any 
     revisions must be submitted to the Secretary within 30 days 
     of the revisions being made. The Secretary, with the 
     assistance of the Secretary of Transportation, is directed to 
     review and transmit comments on the plans to the railroad 
     carrier. A railroad carrier must respond to those comments 
     within 30 days. The plans would be required to be updated by 
     the railroad carrier every two years. This section

[[Page 20742]]

     also defines the following terms: ``high-consequence 
     target,'' ``catastrophic impact zone,'' and ``rail carrier.''
       The Conference substitute adopts a modified version of the 
     Senate provision that requires the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, to publish a final rule for the 
     transportation of hazardous materials that would require 
     railroad carriers to compile commodity data of security 
     sensitive materials and analysis of the safety and security 
     risks for transportation routes of security sensitive 
     materials. It also mandates that the final rule require that 
     rail carriers that ship security-sensitive materials identify 
     alternate routes, analyze the safety and security 
     considerations of such alternative routes, and use such 
     routes with the least safety and security risk when 
     transporting security-sensitive materials. The Conference 
     substitute requires that when railroads consider alternative 
     routes, they consider the use of routes with interchange 
     agreements.
     Section 1552. Railroad Security Sensitive Material Tracking
       There is no comparable House provision.
       Section 1435 of the Senate bill requires the Secretary of 
     Homeland Security, in consultation with TSA, to develop a 
     program to encourage the equipping of rail cars transporting 
     high hazard materials with communications technology that 
     provides information concerning car position, 
     depressurization, and the release of hazardous materials. 
     This section also authorizes $3 million in funding for each 
     of Fiscal Years 2008 through 2010 for the Secretary to carry 
     out this section.
       The Conference substitute adopts the Senate language with 
     minor modifications.
     Section 1553. Hazardous Materials Highway Routing
       There is no comparable House provision.
       Section 1442 of the Senate bill requires the Secretary of 
     Transportation, within one year of enactment of the Act, in 
     consultation with the Secretary of Homeland Security, to: 
     document existing and proposed routes for the transportation 
     of radioactive and non-radioactive hazardous materials by 
     motor carrier and develop a framework by using a Geographic 
     Information System-based approach to characterize routes in 
     the National Hazardous Materials Route Registry; assess and 
     characterize existing and proposed routes for the 
     transportation of radioactive and non-radioactive hazardous 
     materials by motor carrier for the purpose of identifying 
     measurable criteria for selecting routes based on safety and 
     security concerns; analyze current route-related hazardous 
     materials regulations in the US, Canada, and Mexico to 
     identify cross-border differences and conflicting 
     regulations; document the concerns of the public, motor 
     carriers, and State, local, territorial, and tribal 
     governments about the highway routing of hazardous materials 
     for the purpose of identifying and mitigating security risks 
     associated with hazardous material routes; prepare guidance 
     materials for State officials to assist them in identifying 
     and reducing both safety concerns and security risks when 
     designating highway routes for hazardous materials; develop a 
     tool that will enable State officials to examine potential 
     routes for the highway transportation of hazardous materials; 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, and the House Committee on Transportation and 
     Infrastructure a report on the actions taken to fulfill all 
     the requirements of this section and any recommended changes 
     to the routing requirements for the highway transportation of 
     hazardous materials.
       Under Section 1442, within 1 year of the date of enactment, 
     the Secretary of Transportation would be required to complete 
     an assessment of the safety and national security benefits 
     achieved under existing requirements for route plans for 
     explosives and radioactive materials and shall submit a 
     report to the appropriate Congressional Committees with the 
     findings and conclusions of the assessment. The Secretary of 
     Transportation is also directed to assess, and potentially 
     require, the addition of certain high-hazardous materials to 
     the list of existing hazardous materials that are required to 
     be transported by motor carriers that use highway routing 
     plans.
       The Conference substitute adopts the Senate language with 
     minor modifications.
     Section 1554. Motor Carrier Security-Sensitive Material 
         Tracking
       There is no comparable House provision.
       Section 1442 of the Senate bill requires the Secretary of 
     Homeland Security, through TSA, and in consultation with the 
     Secretary of Transportation, to develop a program to 
     facilitate the equipping of motor carriers transporting high 
     hazard materials with communications technology that provides 
     frequent or continuous communications, vehicle position and 
     location and tracking capabilities, and an emergency 
     broadcast capability. This section authorizes $7 million to 
     carry out this section for each of Fiscal Years 2008 through 
     2010, of which $3 million per year may be used for equipment 
     and $1 million per year may be used for operations.
       The Conference substitute adopts the Senate language as 
     modified. This section would require that the Secretary of 
     Homeland Security, through the TSA, and in consultation with 
     the Secretary of Transportation, develop a program to 
     facilitate the deployment and use of tracking technologies 
     for motor carrier shipments of certain security-sensitive 
     hazardous materials. It retains the Senate provision 
     authorization level amounts, but does not include the 
     specific set-aside of a $1 million per year that may be used 
     for operations.
       The Conference expects that this program will help expand 
     the use of technology that allows for continuous 
     communication, position location and tracking, and emergency 
     distress signal broadcasting, when such technologies can 
     improve security without being overly burdensome, and that 
     the provision will expand TSA's analysis of other tracking-
     related security technologies that could be beneficial to the 
     security of hazardous materials truck shipments through the 
     evaluation required under this section.
     Section 1555. Hazardous Materials Security Inspections and 
         Study
       There is no comparable House provision.
       Section 1444 of the Senate bill requires the Secretary of 
     Homeland Security to establish a program within TSA, in 
     consultation with the Secretary of Transportation, for 
     reviewing hazardous materials security plans within one year 
     after the enactment of this Act. Failure by any covered 
     person to comply with part 172, title 49, Code of Federal 
     Regulations, within 180 days after being notified by the 
     Secretary is punishable by a civil penalty. In reviewing 
     compliance with part 172, the Secretary is required to 
     utilize risk assessment methodologies to prioritize review 
     and enforcement actions to the highest risk hazardous 
     materials transportation operations. This section also 
     requires the Secretary of Transportation, within one year, in 
     coordination with the Secretary of Homeland Security, to 
     study to what extent the insurance, security, and safety 
     costs borne by carriers of hazardous materials are reflected 
     in the rates paid by shippers of such commodities, as 
     compared to those for the transportation of non-hazardous 
     materials. Section 1444 authorizes $2 million each of Fiscal 
     Years 2008 through 2010.
       The Conference substitute adopts the Senate provision as 
     modified. It directs the Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security to limit 
     duplicative reviews of hazardous materials security plans 
     required under part 172, title 49, Code of Federal 
     Regulations. The Conference substitute retains the cost study 
     from the original Senate provision.
     Section 1556. Technical Corrections
       There is no comparable House provision.
       Section 1450 of the Senate bill corrects technical errors 
     to section 5103a of title 49, United States Code, by 
     inserting ``Secretary of Homeland Security'' in place of the 
     term ``Secretary''. This section also clarifies that an 
     individual with a valid transportation worker identification 
     card has satisfied the background records check required 
     under 5103a of title 49, United States Code. This section 
     does not preempt State requirements on background checks 
     required to receive a hazardous materials endorsement.
       The Conference substitute adopts the Senate language with 
     minor modifications to clarify the Department of 
     Transportation and the Department of Homeland Security's 
     roles in carrying out section 5103a of title 49, United 
     States Code.
     Section 1557. Pipeline Security Inspections and Enforcement
       There is no comparable House provision.
       Section 1449 of the Senate bill requires the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, to establish a program for reviewing pipeline 
     operator adoption of recommendations in the September 5, 
     2002, Department of Transportation Research and Special 
     Programs Administration Pipeline Security Information 
     Circular, including the review of pipeline security plans and 
     critical facility inspections. Section 1449 also requires the 
     Secretary of Homeland Security and the Secretary of 
     Transportation to develop and implement a plan for reviewing 
     pipeline security plans and an inspection of the critical 
     facilities of the 100 most critical pipeline operators 
     covered by the September 5, 2002 Circular. In reviewing 
     pipeline operators, the Secretary of Homeland Security and 
     the Secretary of Transportation shall use risk assessment 
     methodologies to prioritize risks and to target inspection 
     and enforcement actions to the highest risk pipeline assets. 
     The section also requires the Secretary of Homeland Security 
     and the Secretary of Transportation to develop and transmit 
     to pipeline operators security recommendations for natural 
     gas and hazardous liquid pipelines and pipeline facilities. 
     If the Secretary of Homeland Security determines that 
     regulations are appropriate, the regulations must incorporate 
     the guidance provided to pipeline operators in the September 
     5, 2002 Circular and contain additional requirements as 
     necessary based upon the results of inspections performed 
     under this section. The regulations must also include the 
     imposition of civil penalties for non-compliance. Finally, 
     the provision authorizes appropriations of $2 million for 
     Fiscal Years 2008 and 2009 for a pipeline security inspection 
     and enforcement program.

[[Page 20743]]

       The Conference substitute adopts the Senate provision, with 
     modifications to the dates for program implementation, 
     review, and issuance of regulations, an extension of the 
     authorization to Fiscal Year 2010, and other changes.
       With respect to pipelines, the Conference is aware that a 
     portion of these critical facilities have been inspected, and 
     do not expect re-inspections to be performed needlessly. The 
     Conference expects the Secretary of Homeland Security and the 
     Secretary of Transportation to inspect facilities that have 
     not been inspected for security purposes since September 5, 
     2002, by either the Department of Transportation or the 
     Department of Homeland Security, and to re-inspect those 
     facilities which the Secretaries deem appropriate.
     Section 1558. Pipeline Security and Incident Recovery Plan
       There is no comparable House provision.
       Section 1448 of the Senate bill requires the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation and the Pipeline and Hazardous Materials 
     Safety Administration (PHMSA), to develop a pipeline security 
     and incident recovery protocols plan. The plan must be 
     developed in accordance with the Memorandum of Understanding 
     Annex executed on August 9, 2006 and take into account 
     actions taken or planned by both private and public entities 
     to address identified pipeline security issues and assess the 
     effective integration of such actions. It also requires the 
     Secretary of Homeland Security to transmit to Congress a 
     report containing the plan, along with an estimate of the 
     private and public sector costs to implement any 
     recommendations.
       The Conference substitute adopts the Senate provision with 
     modifications, including the requirement that the incident 
     recovery protocols plan be developed in accordance with the 
     National Strategy for Transportation Security and Homeland 
     Security Presidential Directive-7, in addition to the 
     pipeline security annex to the Department of Homeland 
     Security-Department of Transportation Memorandum of 
     Understanding. Language was also added to require that the 
     incident recovery protocol plan address the restoration of 
     essential services supporting pipelines, such as electrical 
     service.

                      TITLE XVI--AVIATION SECURITY

     Section 1601. Airport Checkpoint Screening Fund
       Section 403 of the House bill establishes an airport 
     checkpoint screening fund to be funded in Fiscal Year 2008 
     with $250 million and expanded until exhausted for the 
     procurement of explosives detection equipment at security 
     checkpoints. These funds would be derived from the current 
     Transportation Security Administration (TSA) security fee.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It provides the TSA Administrator with the 
     authority to expend funds in FY 2008 for the purchase, 
     deployment, installation, research, and development of 
     equipment to improve security screening for explosives at 
     commercial airport checkpoints.
       The National Commission on Terrorist Attacks Upon the 
     United States (the 9/11 Commission) asserted that while more 
     advanced screening technology is being developed, Congress 
     should provide funding for, and TSA should move as 
     expeditiously as possible to support, the installation of 
     explosives detection trace portals or other applicable 
     technologies at more of the nation's commercial airports. 
     Advanced technologies, such as the use of non-intrusive 
     imaging, have been evaluated by TSA over the last few years 
     and have demonstrated that they can provide significant 
     improvements in threat detection at airport passenger 
     screening checkpoints for both carry-on baggage and the 
     screening of passengers.
       The Conference urges TSA to deploy such technologies 
     quickly and broadly to address security shortcomings at 
     passenger screening checkpoints. The Conference believes the 
     best way to provide for the research and development of 
     technologies and techniques that would prevent explosives 
     from being placed onto passenger aircraft is to pilot these 
     technologies at a diverse group of airports. The Conference 
     directs the Secretary of Homeland Security (the Secretary) to 
     give priority for these pilot projects to airports that have 
     demonstrated their expertise as pilot sites and that have 
     been selected by the TSA as ``model airports'' for the 
     deployment of technology to detect explosives.
     Section 1602. Screening of Cargo Carried Aboard Passenger 
         Aircraft
       Section 406 of the House bill requires 100 percent of cargo 
     carried on passenger aircraft to be inspected no later than 3 
     years after the date of enactment. At a minimum, the 
     inspection of such cargo should provide a level of security 
     equivalent to the inspection of passenger checked baggage. 
     The provision requires that the percent of such cargo that 
     should meet these screening standards should be 35 percent by 
     the end of Fiscal Year 2007, 65 percent by the end of Fiscal 
     Year 2008, and 100 percent by the end of Fiscal Year 2009. 
     The Secretary may issue an interim final rule (IFR) but must 
     issue a final rule not later than one year after the IFR. 
     After the system becomes operational, TSA is required to 
     report to Congress, within 1 year, detailing the operations; 
     and within 120 days, report on exemptions permitted under the 
     system. The report on exemptions must also be provided to the 
     Government Accountability Office (GAO) which must provide an 
     assessment of such exemptions to Congress within 120 days of 
     receiving the report.
       Section 1462 of the Senate bill requires TSA to develop and 
     implement a system, within 3 years of the date of enactment, 
     to provide for the screening of all cargo being carried on 
     passenger aircraft. The Secretary may issue an interim final 
     rule (IFR) but must issue a final rule not later than one 
     year after the IFR. After the system becomes operational, the 
     TSA is required to report to Congress, within 1 year, 
     detailing the operations and, within 180 days, assessing 
     exemptions permitted under the system. The report on 
     exemptions must also be provided to GAO which must provide an 
     assessment of such exemptions to Congress within 120 days of 
     receiving the report.
       The Conference substitute adopts a combination of the House 
     and Senate provisions, as modified. It requires minimum 
     standards for the screening of cargo on commercial passenger 
     aircraft that must be commensurate with the level of 
     screening for passenger checked baggage. The Conference 
     substitute includes one benchmark; 50 percent of cargo on 
     commercial passenger aircraft must be screened in 18 months 
     and 100 percent screening achieved in the three years 
     following the date enactment of the legislation. The 
     Conference considers that if TSA were unable to meet the 
     first benchmark, TSA would be required to give classified 
     briefings, on a periodic and to be determined frequency, to 
     the Senate Committee on Commerce, Science and Transportation 
     and to the House Committee on Homeland Security, to explain 
     the status of TSA's ability to maximize the screening of 
     cargo on commercial personal aircraft without causing 
     negative repercussions on the flow of commerce.
       The Conference substitute also defines the term 
     ``screening'' in order to clarify the requirements of the 
     section and the methods of screening the TSA Administrator is 
     permitted to use to screen cargo on commercial aircraft. The 
     Conference notes that the use of the phrase ``physical search 
     together with manifest verification'' denotes one method of 
     screening, separate and apart from the other methods listed 
     in this subsection, such as X-ray systems, etc. The 
     Conference is also concerned about TSA using data checks of 
     cargo or shippers, including a review of information about 
     the contents of the cargo or verifying the identity of a 
     shipper through a database, such as the Known Shipper 
     database, as a single factor in determining whether cargo 
     poses a threat to transportation security. The Conference 
     substitute, therefore, requires that if such data checks are 
     used, they must be paired with an additional physical or non-
     intrusive screening method approved by TSA that examines the 
     cargo's contents.
       If TSA does not submit a final rule to implement this 
     program within one year after an interim final rule becomes 
     effective, the Department of Homeland Security (the 
     Department or DHS) will be required to submit status reports 
     to the relevant Congressional Committees every 30 days until 
     a final rule is issued. After the system becomes operational, 
     TSA is required to report to Congress, within 1 year, 
     detailing the operations and, within 120 days, report on 
     exemptions permitted under the system. The report on 
     exemptions must also be provided to GAO which must provide an 
     assessment of such exemptions to Congress within 120 days of 
     receiving the report.
       The Conference believes that TSA should consider 
     establishing a system whereby aviation ground service 
     providers that perform cargo security screening services for 
     passenger aircraft, are compensated for costs incurred as a 
     result of increased cargo security requirements.
     Section 1603. In-Line Baggage Screening
       Section 401 of the House bill requires the submission of an 
     overdue cost-sharing study on in-line explosive detection 
     systems (EDS) installation within 30 days of enactment, along 
     with the Secretary's analysis of the study, a list of 
     provisions the Secretary intends to implement, and a plan and 
     schedule for implementation.
       Section 1465 of the Senate bill authorizes $450 million in 
     discretionary funds for Fiscal Years 2008 through 2011 to 
     fund the installation of in-line EDS at U.S. airports at a 
     level approximate to the TSA's strategic plan for the 
     deployment of such systems. It also requires the submission 
     of an overdue cost-sharing study on in-line EDS installation 
     within 30 days of enactment.
       The Conference substitute adopts a combination of the House 
     and Senate provisions, as modified. It authorizes funding 
     through Fiscal Year 2028. It further requires the submission 
     of a cost sharing study and an analysis of the study by the 
     DHS Secretary within 60 days of enactment of the legislation.
     Section 1604. In-Line Baggage System Deployment
       There is no comparable House provision.
       Section 1466 of the Senate bill mandates, through Fiscal 
     Year 2028, the annual dedication of $250 million of the 
     amounts currently

[[Page 20744]]

     collected in aviation security fees to the Aviation Security 
     Capital Fund for the installation of in-line electronic 
     screening systems for the enhanced screening of checked 
     baggage at airports. The provision also bolsters the existing 
     Letter of Intent (LOI) program, through changes in funding 
     allocation requirements and requiring the creation of a 
     prioritization schedule for planned projects.
       The Conference substitute adopts the Senate provision, as 
     modified to require annual dedication, through Fiscal Year 
     2028, of $250 million of the amounts currently collected in 
     aviation security fees to the Aviation Security Capital Fund 
     for the installation of in-line electronic screening systems 
     for the enhanced screening of checked baggage at airports. 
     Four-fifths of the annual allotment--not less than $200 
     million--must be committed to the completion of LOIs, while 
     the remaining funds may be distributed in a discretionary 
     manner to fund such projects, in a priority manner, at small 
     and non-hub airports. It also promotes leveraged funding for 
     such projects, and to permit airports that have incurred 
     eligible costs to improve baggage screening at their 
     facilities to pursue reimbursement of such costs from TSA.
       The Conference strongly believes that this program should 
     be managed as outlined in the legislation and that TSA and 
     the Administration must have a 20-year horizon for the LOIs, 
     rather than a limited short-term view which would have 
     detrimental effects on the ability of airports to obtain 
     requisite funding from the financial bond markets. The 
     Conference believes that airports may not renegotiate 
     previously agreed-upon Government contributions, through 
     LOIs, or any other applicable arrangement, for in-line EDS 
     systems.
     Section 1605. Strategic Plan to Test and Implement Advanced 
         Passenger Prescreening System
       Section 409 of the House bill requires the Department, 
     within 90 days of enactment, to submit a strategic plan to 
     Congress that describes the system to be utilized for 
     comparing passenger information to watch lists; explain the 
     integration with international flights; and provide a 
     projected timeline for testing and implementation its 
     advanced passenger prescreening system.
       Section 1472 of the Senate bill requires the Department, 
     within 180 days of enactment, to submit a strategic plan to 
     Congress that describes the system to be utilized for 
     comparing passenger information to watch lists; explains the 
     integration with international flights; and provides a 
     projected timeline for testing and implementation its 
     advanced passenger prescreening system. In addition, the 
     provision requires that a report by the GAO be issued to 
     Congress within 90 days of enactment. This report must 
     describe progress made in implementing Secure Flight; the 
     effectiveness of the appeals process; integration with the 
     international flight pre-screening program operated by 
     Customs and Border Protection (CBP); and other relevant 
     observations.
       The Conference substitute adopts the House and Senate 
     provisions, as modified. The provision would require the 
     Department, in consultation with TSA, to submit a strategic 
     plan to Congress, within 120 days of enactment of the 
     legislation, that includes timelines for testing and 
     implementation of its advanced passenger prescreening system. 
     In addition, a GAO report must be issued to Congress within 
     180 days to review, inter alia, the implementation of Secure 
     Flight by the Department; the effectiveness of the appeals 
     process; integration with the international flight pre- 
     screening program operated by the CBP.
     Section 1606. Appeal and Redress Process for Passengers 
         Wrongly Delayed or Prohibited from Boarding a Flight
       Section 407 of the House bill directs DHS to create an 
     Office of Appeals and Redress to establish and administer a 
     timely and fair process for airline passengers who believe 
     they have been delayed or prohibited from boarding a 
     passenger flight because they have been misidentified against 
     the ``No-Fly'' or ``Selectee'' watch lists. The Office of 
     Appeals and Redress must establish a presence at each airport 
     to begin the appeals process for those passengers wrongly 
     identified against watch lists.
       Section 1471 of the Senate bill directs DHS to create an 
     Office of Appeals and Redress to establish and administer a 
     timely and fair process for airline passengers who believe 
     they have been delayed or prohibited from boarding a 
     passenger flight because they have been misidentified against 
     the ``No-Fly'' or ``Selectee'' watch lists.
       The Conference substitute combines the House and Senate 
     provisions, as modified. It creates the Office in DHS to 
     ensure an adequate appeal and redress process in place for 
     passenger wrongly identified against watch lists, and to 
     increase privacy protections for individuals. The provision 
     requires Federal employees within DHS handling personally 
     identifiable information (PII) of passengers to complete 
     mandatory privacy and security training. In addition, the 
     provision requires that DHS ensure that airline passengers 
     are able to initiate the redress process at airports with a 
     significant TSA presence.
     Section 1607. Strengthening Explosives Detection at Passenger 
         Screening Checkpoints
       Section 404 of the House bill directs TSA to issue, within 
     7 days, a strategic plan, as required by the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458), for the deployment of explosives detection equipment at 
     airport checkpoints.
       Section 1470 of the Senate bill directs DHS to issue, 
     within 90 days after enactment, a strategic plan, as required 
     by the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458), for the deployment of explosives 
     detection equipment at airport checkpoints. It also requires 
     TSA to begin full implementation of the strategic plan within 
     1 year of its submission.
       The Conference substitute adopts a combination of the House 
     and Senate provisions, as modified. It directs DHS, in 
     consultation with TSA, to issue a strategic plan for the 
     deployment of explosives detection equipment at airport 
     checkpoints within 30 days of enactment, and requires the TSA 
     to begin implementation of the plan within 1 year of its 
     submission.
     Section 1608. Research and Development of Aviation 
         Transportation Security Technology
       There is no comparable House provision.
       Section 1467 of the Senate bill extends an authorization 
     for research and development spending for aviation security 
     technology at a level of $50 million through Fiscal Year 
     2009.
       The Conference substitute adopts the Senate provision, as 
     modified to authorize research and development funding for 
     aviation security technology at a level of $50 million 
     through Fiscal Year 2011.
     Section 1609. Blast-Resistant Cargo Containers
       There is no comparable House provision.
       Section 1463 of the Senate bill requires TSA to develop a 
     system by which the Administrator provides blast-resistant 
     cargo containers to commercial passenger air carriers for 
     use, on a random or risk-assessed basis, as determined by the 
     agency. The cargo containers must be acquired by TSA within 
     90 days of the agency's completion of development of the 
     system.
       The Conference substitute adopts the Senate provision, as 
     modified. It requires TSA to evaluate and distribute a report 
     to Congress and the air carrier industry that includes the 
     results of its blast resistant cargo container pilot program. 
     After reporting, TSA must develop and implement a program 
     consistent with the results of the evaluation to acquire the 
     necessary blast resistant cargo containers and make them 
     available to air carriers on a risk-assessed basis, as 
     determined appropriate by the Administrator.
     Section 1610. Protection of Passenger Planes from Explosives
       There is no comparable House provision.
       Section 1464 of the Senate bill directs DHS to expedite 
     research and development pilot projects that advance 
     technology to protect passenger planes from the threat of 
     explosive devices. It also requires the establishment of a 
     grant program to fund projects the agency develops through 
     this process, with an authorization for such sums as 
     necessary for Fiscal Year 2008.
       The Conference substitute adopts the Senate provision, as 
     modified. It requires DHS, in consultation with TSA, to 
     develop pilot projects that advance technology for protecting 
     passenger planes from the threat of explosive devices and to 
     establish a grant program to fund projects developed under 
     the program with an authorization for fiscal year 2008.
     Section 1611. Specialized Training
       There is no comparable House provision.
       Section 1469 of the Senate bill requires TSA to provide 
     specialized training to Transportation Security Officers for 
     the development of advanced security skills, including 
     behavior observation, explosives detection and document 
     verification.
       The Conference substitute adopts the Senate provision. It 
     requires TSA to provide specialized training to 
     Transportation Security Officers for the development of 
     advanced security skills, including behavior observation, 
     explosives detection and document verification, to enhance 
     the effectiveness of layered transportation security 
     measures.
     Section 1612. Certain TSA Personnel Limitation not to Apply
       There is no comparable House provision.
       To ensure that the agency is properly staffed at a level 
     necessary to screen travelers as air passenger traffic 
     numbers continue to increase, Section 1468 of the Senate bill 
     removes the arbitrary hiring cap on Transportation Security 
     Officers of 45,000 full-time equivalent (FTE) employees that 
     is currently imposed on the TSA's screener workforce.
       The Conference substitute adopts the Senate provision. It 
     removes the arbitrary screener cap of 45,000 full-time 
     equivalent (FTE) employees that is currently imposed on the 
     TSA's screener workforce so that the agency will be properly 
     staffed at a level necessary to screen travelers as air 
     passenger traffic numbers continue to increase.
     Section 1613. Pilot Project to Test Different Technologies at 
         Airport Exit Lanes
       There is no comparable House provision. Section 1479 of the 
     Senate bill establishes a pilot program to test new 
     technologies for reducing the number of TSA employees at

[[Page 20745]]

     airport exit lanes, and requires the TSA Administrator to 
     brief Congressional Committees, within 180 days, on the 
     program, and provide a final report within 1 year.
       The Conference substitute adopts the Senate provision, as 
     modified. It directs TSA to conduct a pilot project, at no 
     more than two airports, to identify technologies to improve 
     security at airport exit lanes. The pilot program must ensure 
     that the level of safety remains at, or above, the existing 
     level of security at airports where the pilot program is 
     initiated. TSA must brief appropriate Congressional 
     Committees on the pilot program within 180 days of enactment 
     on the pilot program, and provide a report on the program to 
     those Committees within 18 months of the program's 
     implementation. The provision also stipulates that this 
     section shall be executed using existing funds.
     Section 1614. Security Credentials for Airline Crews
       There is no comparable House provision.
       Section 1475 of the Senate bill mandates a report to 
     Congress, within 180 days of enactment, on the status of 
     efforts to institute a sterile area access system that will 
     grant flight deck and cabin crews expedited access to secure 
     areas through screening checkpoints. The report must include 
     recommendations to implement the program for the domestic 
     aviation industry within 1 year after the report is 
     submitted, and fully deploy the system within 1 year of the 
     report's submission.
       The Conference substitute adopts the Senate provision, as 
     modified. It requires a report to Congress, within 180 days 
     of enactment of the Act, on the status of efforts to 
     institute a sterile area access system that will grant flight 
     deck and cabin crews expedited access to secure areas through 
     screening checkpoints. The report must include 
     recommendations to implement the program for the domestic 
     aviation industry within one year after the report is 
     submitted, and fully deploy the system within one year of the 
     report's submission. In addition, the provision lists the 
     appropriate Committees of jurisdiction in the provision's 
     reporting requirements.
     Section 1615. Law Enforcement Officer Biometric Credential
       There is no comparable House provision.
       Section 1477 of the Senate bill requires a credential or 
     system that incorporates biometric and other applicable 
     technologies to verify the identity of law enforcement 
     officers seeking to carry a weapon on board an aircraft.
       The Conference substitute adopts the Senate provision, as 
     modified. It establishes, within 18 months of enactment, of a 
     Federally managed, national registered armed law enforcement 
     program for armed law enforcement officers traveling by 
     commercial aircraft. It also requires that a report be 
     submitted to Congress within 180 days of the program's 
     implementation or a report explaining to Congress why the 
     program has not been implemented with a further report every 
     90 days until the program becomes operational.
     Section 1616. Repair Station Security
       There is no comparable House provision.
       Section 1473 of the Senate bill mandates that security 
     rules be put in place at foreign aviation repair stations, 
     within 90 days of passage of the Act, and that once security 
     rules are established, each repair station be reviewed and 
     audited within a 6-month period. If no action is taken within 
     90 days, the Administration will be prohibited from 
     certifying any further foreign repair stations until such 
     regulations are in place.
       The Conference substitute adopts the Senate provision, as 
     modified. It requires that security rules be put in place at 
     foreign aviation repair stations within 1 year of passage and 
     that any security rules established be reviewed and audited 
     within a 6 month period. If no action is taken within 1 year, 
     the Administration will be prohibited from certifying any 
     foreign repair stations that are not presently certified or 
     in the process of certification until such regulations are in 
     place.
     Section 1617. General Aviation Security
       There is no comparable House provision.
       Section 1474 of the Senate bill requires TSA to develop a 
     standardized threat and vulnerability assessment program for 
     general aviation (GA) airports within 1 year, and create a 
     program to perform such assessments at GA airports in the 
     United States on a risk-assessed basis. TSA must also study 
     the feasibility of a grant program for GA airport operators 
     to fund key projects to upgrade security at such facilities, 
     and establish that program if feasible. It further requires 
     TSA to develop a program, within 6 months, under which 
     foreign registered GA aircraft must submit passenger 
     information to TSA to be checked against appropriate watch 
     list databases prior to entering the United States.
       The Conference substitute adopts the Senate provision. It 
     requires TSA to develop a standardized threat and 
     vulnerability assessment program for GA airports within one 
     year, and create a program to perform such assessments at GA 
     airports in the United States on a risk-assessed basis.
       TSA must also study the feasibility of a grant program for 
     GA airport operators to fund key projects to upgrade security 
     at such facilities, and establish that program if feasible. 
     The provision requires TSA to develop a program, within six 
     months, under which GA aircraft originating from a foreign 
     location must submit passenger information to TSA to be 
     checked against appropriate watch list databases prior to 
     entering the United States.
     Section 1618. Extension of Authorization for Aviation 
         Security Funding.
       Section 405 of the House bill provides an extension for 
     aviation security funding through Fiscal Year 2011.
       Section 1461 of the Senate bill provides an extension for 
     aviation security funding through Fiscal Year 2009.
       The Conference substitute combines the House and Senate 
     provisions, as modified to extend aviation security funding 
     through Fiscal Year 2011, corresponding to the time limits 
     and other authorizations within the bill.

                       TITLE XVII--MARITIME CARGO

     Section 1701. Container Scanning and Seals
       Section 501 of the House bill prohibits a container from 
     entering the United States unless the container is scanned 
     and secured with a seal that uses the best available 
     technology, including technology to detect any breach of the 
     container and record the time of that breach. The Secretary 
     of Homeland Security (the Secretary) must establish standards 
     for scanning and sealing containers, and must review and 
     revise those standards at least once every two years. This 
     section requires all countries (those exporting 75,000 or 
     more twenty-foot equivalent units (TEU)) scan and seal 
     containers within three years of the date of enactment. All 
     other countries must scan and seal container within five 
     years. The Secretary may extend the deadline for a port by 
     one year.
       Section 905 of the Senate bill amends Section 232 of the 
     SAFE Port Act of 2006 to require the Secretary develop a 
     plan, which includes benchmarks, for scanning 100 percent of 
     the containers destined for the United States using 
     integrated scanning systems developed in the pilot program 
     authorized in that section. It also requires that the plan 
     incorporate existing programs, such as the Container Security 
     Initiative and the Customs-Trade Partnership Against 
     Terrorism.
       The Conference substitute adopts the House provision, as 
     modified. This provision amends Section 232 of the SAFE Port 
     Act of 2006 to require full-scale implementation of the 100 
     percent scanning system pilot program required by that 
     section no later than July 1, 2012. However, the Secretary is 
     authorized to extend the deadline by two years, and may renew 
     the extension in additional two-year increments, if the 
     Secretary certifies to Congress that particular conditions 
     can not be met. The provision provides a waiver for U.S. and 
     foreign military cargo. It also requires the Secretary 
     consult with other appropriate Federal agencies to ensure 
     that actions taken under this section do not violate 
     international trade obligations.
       This substitute also amends section 204(a)(4) of the SAFE 
     Port Act by requiring the Secretary to issue an interim rule 
     to establish minimum standards and procedures for securing 
     containers in transit to the United States not later than 
     April 1, 2008. If the Secretary fails to meet that deadline, 
     this section requires that effective October 15, 2008, and 
     until such interim rule is issued, all containers in transit 
     to the United States shall be required to meet the 
     requirements of International Organization for 
     Standardization Publicly Available Specification 17712 
     standard for sealing containers.
       The Conference expects the Secretary to work with the 
     Secretary of State, the United States Trade Representative, 
     and other appropriate Federal officials to work with our 
     international partners and international organizations such 
     as the World Customs Organization to establish an 
     international framework for scanning and securing containers.
       The Conference is aware that the Department of Energy (DOE) 
     has inherent capabilities to assess, through its cooperative 
     agreements with numerous countries and port authorities, the 
     adequacy of technical and operating procedures for cargo 
     container scanning. To ensure smooth continuation of DOE's 
     cooperative relationships with numerous countries and the 
     further expansion of the Megavolts Second Line of Defense 
     (SLEDDED) programs, the Conference expects that DHS and DOE 
     shall closely coordinate their activities and consult prior 
     to the establishment of technological or operational 
     standards by the Secretary of Homeland Security. As part of 
     the coordination requirement in this section, the Conference 
     expects that where the scanning technology standards affect 
     the DOE's Megavolts and SLEDDED programs, the Secretary shall 
     invite the DOE to participate in the development and final 
     review of such standards, and the Secretary of Homeland 
     Security shall seek the concurrence of the Secretary of 
     Energy.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

     Section 1801. Findings
       Section 1201 of the House bill contains findings and 
     recommendations of the 9/11 Commission.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision with 
     respect to the recommendations of the 9/11 Commission.

[[Page 20746]]

       The Conference notes that in late 2005 the members of the 
     9/11 Commission also made the following determinations: (1) 
     The United States Government has made insufficient progress, 
     and deserves a grade ``D'', on efforts to prevent weapons of 
     mass destruction (W.D.) proliferation and terrorism. (2) The 
     Cooperative Threat Reduction (CAR) Program has made 
     significant accomplishments but much remains to be done to 
     secure weapons-grade nuclear materials. The size of the 
     problem still dwarfs the policy response. Nuclear materials 
     in the Former Soviet Union still lack effective security 
     protection, and sites throughout the world contain enough 
     highly-enriched uranium to fashion a nuclear device but lack 
     even basic security features. (3) Preventing the 
     proliferation of W.D. and acquisition of such weapons by 
     terrorists warrants a maximum effort, by strengthening 
     counter-proliferation efforts, expanding the Proliferation 
     Security Initiative (PSI), and supporting the CAR Program. 
     (4) Preventing terrorists from gaining access to W.D. must be 
     an urgent national security priority because of the threat 
     such access poses to the American people. The President 
     should develop a comprehensive plan to dramatically 
     accelerate the timetable for securing all nuclear weapons-
     usable material around the world and request the necessary 
     resources to complete this task. The President should 
     publicly make this goal his top national security priority 
     and ensure its fulfillment. (5) Congress should provide the 
     resources needed to secure vulnerable materials as quickly as 
     possible.
     Section 1802. Definitions
       Section 1202 of the House bill defines terms used 
     throughout Title XII of the House bill.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment to clarify the term ``items of proliferation 
     concern'' and makes a further clarifying change.
     Section 1811. Repeal and Modifications of Limitations on 
         Assistance for Prevention of Weapons of Mass Destruction 
         Proliferation and Terrorism
       Section 1211 of the House bill repeals and modifies various 
     conditions on assistance to former Soviet States under the 
     Department of Defense Cooperative Threat Reduction (CAR) 
     Program and the Department of Energy Defense Nuclear 
     Nonproliferation programs. Section 1211 would also repeal the 
     cap on Department of Defense CAR program assistance outside 
     the former Soviet Union, with respect to prior year funds, as 
     well as Department of Energy nonproliferation program 
     assistance outside the former Soviet Union, while increasing 
     oversight of such programs.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that removes the repeal and modification of 
     various conditions on assistance to States outside the former 
     Soviet Union under the Department of Energy nonproliferation 
     programs; removes the repeal of the funding cap on Department 
     of Defense CAR assistance outside the former Soviet Union; 
     and makes a clarifying change.
       The Conference notes that substitute is consistent with the 
     recommendations of the 9/11 Commission regarding the need to 
     expand, improve, and otherwise fully support the Department 
     of Defense CAR Program and other efforts to prevent weapons 
     of mass destruction proliferation and terrorism.
       The Conference further notes that the National Defense 
     Authorization Act for Fiscal Year 2008, as passed by the 
     House of Representatives (Report 110-146, May 11, 2007) and 
     the National Defense Authorization Act for Fiscal Year 2008, 
     as reported by the Senate Armed Services Committee (Report 
     110-77, June 5, 2007) both address the matters contained in 
     this provision, including the funding cap on Department of 
     Defense CAR assistance outside the former Soviet Union, and 
     the Conferees expect that any final national defense 
     authorization act for Fiscal Year 2008, as enacted, will 
     further address these matters.
     Section 1821. Proliferation Security Initiative Improvements 
         and Authorities
       Section 1221 of the House bill expresses the sense of 
     Congress that, consistent with the recommendations of the 9/
     11 Commission, the President should strive to expand and 
     strengthen the Proliferation Security Initiative (PSI). 
     Section 1221 also requires the Secretary of Defense, in 
     coordination with the Secretary of State and the head of any 
     other Federal Department or Agency involved with PSI-related 
     activities, to submit to the Congressional defense Committees 
     a defined budget for the PSI, beginning with the Department 
     of Defense budget submission for fiscal year 2009. Section 
     1221 further requires the President to submit to the relevant 
     Congressional Committees, not later than 180 days after the 
     enactment of H.R.1, as passed by the House of Representatives 
     (H.R.1 EH, January 9, 2007), a report on the implementation 
     of section 1221, including steps taken to implement the 
     recommendations of the Government Accountability Office (GAO) 
     in the September 2006 Report titled ``Better Controls Needed 
     to Plan and Manage Proliferation Security Initiative 
     Activities''. Section 1221 also directs GAO to submit to 
     Congress, beginning in fiscal year 2008, an annual report on 
     its assessment of the progress and effectiveness of the PSI.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that narrows the scope of the sense of Congress; 
     clarifies the annual budget submission; requires each budget 
     submission to be accompanied by a report on PSI funding and 
     activities; changes the GAO report to a biannual report for 
     2007, 2009 and 2011; and makes clarifying and technical 
     changes.
       The Conference recognizes that the annual budget request 
     and the accompanying report for the PSI, required by the 
     substitute, may not be fully inclusive of all funding 
     required for PSI-related activities during the fiscal year 
     for the budget request given unknown PSI-related activities 
     that may arise throughout the fiscal year. However, the 
     Conference expects the budget request and accompanying report 
     to include all reasonably known obligations, costs and 
     expenditures for PSI-related activities for the fiscal year 
     of the budget request.
       The Conference believes that in order to effectively expand 
     and strengthen the PSI, the United States should work with 
     the international community to strengthen the PSI under 
     international law and other international legal authorities. 
     It is important for the United States and other PSI partners 
     to seek greater international recognition of the need to 
     conduct PSI-related activities within certain international 
     areas, so that international waters and airspace do not 
     become ``transit sanctuaries'' for countries, terrorist 
     organizations, and unscrupulous businesses and individuals 
     seeking to transfer items of proliferation concern. One 
     promising avenue could be to encourage the U.N.'s ``1540 
     Committee,'' which is charged with monitoring international 
     compliance with United Nations Security Council Resolution 
     1540 promoting nonproliferation, to recognize and endorse the 
     need and ability of PSI partners to monitor and, in 
     appropriate circumstances, interdict such shipments.
     Section 1822. Authority to Provide Assistance to Cooperative 
         Countries
       Section 1222 of the House bill authorizes the President to, 
     notwithstanding any other provision of law, provide Foreign 
     Military Financing, International Military Education and 
     Training, and draw down of excess defense articles and 
     services to any country, for a maximum of three years, that 
     cooperates with the United States and with other countries 
     allied with the United States to prevent the transport and 
     transshipment of items of proliferation concern in its 
     national territory or airspace or in vessels under its 
     control or registry. Such assistance would be provided to 
     enhance the capability of the recipient country to prevent 
     the transport and transshipment of items of proliferation 
     concern in its national territory or airspace, or in vessels 
     under its control or registry, including through the 
     development of a legal framework in that country, consistent 
     with any international laws or legal authorities governing 
     the PSI, to enhance such capability by criminalizing 
     proliferation, enacting strict export controls, and securing 
     sensitive materials within its borders, and to enhance the 
     ability of the recipient country to cooperate in operations 
     conducted with other participating countries. Such assistance 
     could only be provided in accordance with existing procedures 
     regarding reprogramming notifications under section 634A(a) 
     of the Foreign Assistance Act of 1961. Finally, this section 
     prohibits the transfer of any excess defense vessel or 
     aircraft to a country until reprogramming notice is made, if 
     that country has not agreed that it will support and assist 
     efforts by the United States to interdict items of 
     proliferation concern.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that narrows the authority and adds an exemption 
     to the limitation on an excess vessel or aircraft transfer if 
     such transfer does not involve significant military equipment 
     and the primary use of the vessel or aircraft will be for 
     counter-narcotics, counter-terrorism or counter-proliferation 
     purposes.
       The Conference intends that assistance provided pursuant to 
     this section shall remain subject to all existing law 
     regarding the authorities listed in subsection (b) of this 
     section. Thus, for example, the normal Congressional 
     notification and review procedures will apply, as well as 
     limitations related to human rights or military coups.
     Section 1831. Findings; Statement of Policy
       Section 1231 of the House bill contains findings and a 
     statement of policy regarding assistance to accelerate 
     programs to prevent weapons of mass destruction proliferation 
     and terrorism. Section 1231 emphasizes that it shall be the 
     policy of the United States, consistent with the 9/11 
     Commission's recommendations, to eliminate any obstacles to 
     timely obligating and executing the full amount of any 
     appropriated funds for threat reduction and nonproliferation 
     programs in order to accelerate and strengthen progress on 
     preventing weapons of mass destruction proliferation and 
     terrorism, and that such policy shall be implemented with 
     concrete measures such as those described in Title XII of 
     H.R. 1, as passed by the House of Representatives (H.R.1 EH, 
     January 9, 2007).

[[Page 20747]]

       There is no comparable Senate provision.
       The Conference substitute adopts the House provision with 
     respect to the policy of the United States to eliminate any 
     obstacles to timely obligating and executing the full amount 
     of any appropriated funds for threat reduction and 
     nonproliferation programs, and the implementation of such 
     policy with concrete measures.
       The Conference notes that certain U.S. threat reduction and 
     nonproliferation programs have in past years encountered 
     obstacles to timely obligating and executing the full amount 
     of appropriated funds, and have therefore maintained 
     unobligated and uncosted balances. Such obstacles have 
     included lack of effective policy guidance, limits on program 
     scope, practical inefficiencies, lack of cooperation with 
     other countries, and lack of effective leadership to overcome 
     such obstacles. The Conference also notes that although 
     currently most Department of Defense Cooperative Threat 
     Reduction and Department of Energy National Nuclear Security 
     Administration nonproliferation programs are timely 
     obligating and executing appropriated funds, the Department 
     of Defense and the Department of Energy should ensure that 
     this practice continues as such threat reduction and 
     nonproliferation programs are accelerated, expanded and 
     strengthened.
     Section 1832. Authorization of Appropriations for the 
         Department of Defense Cooperative Threat Reduction 
         Program
       Section 1232 of the House bill authorizes to be 
     appropriated to the Department of Defense Cooperative Threat 
     Reduction (CAR) Program such sums as may be necessary for 
     Fiscal Year 2007 for biological weapons proliferation 
     prevention; chemical weapons destruction at Shchuch'ye; and 
     to accelerate, expand and strengthen CAR Program activities.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that changes the fiscal year of the 
     authorization of appropriations to the Department of Defense 
     CAR Program to Fiscal Year 2008; and clarifies that any sums 
     appropriated pursuant to such authorization may not exceed 
     the amounts authorized to be appropriated for such purposes 
     by any national defense authorization act for Fiscal Year 
     2008.
       The Conference expects that any national defense 
     authorization act for 2008 will authorize specific amounts to 
     be appropriated for the Department of Defense CAR Program for 
     Fiscal Year 2008.
     Section 1833. Authorization of Appropriations for the 
         Department of Energy Programs to Prevent Weapons of Mass 
         Destruction Proliferation and Terrorism
       Section 1233 of the House bill authorizes to be 
     appropriated to the Department of Energy National Nuclear 
     Security Administration such sums as may be necessary for 
     Fiscal Year 2007 nonproliferation programs.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that changes the fiscal year of the 
     authorization of appropriations to Department of Energy 
     National Nuclear Security Administration nonproliferation 
     programs to Fiscal Year 2008; addresses specific purposes for 
     any such authorization of appropriations in report language 
     below; and clarifies that any sums appropriated pursuant to 
     such authorization may not exceed the amounts authorized to 
     be appropriated for such purposes by any national defense 
     authorization act for Fiscal Year 2008.
       The Conference expects that any national defense 
     authorization act for 2008 will authorize specific amounts to 
     be appropriated for Department of Energy National Nuclear 
     Security Administration nonproliferation programs for Fiscal 
     Year 2008.
       The Conference notes that high priority Department of 
     Energy National Nuclear Security Administration 
     nonproliferation programs that could use additional funding 
     include:
       (1) The Global Threat Reduction Initiative (GTRI), for (A) 
     the Russian research reactor fuel return program; (B) 
     conversion of research and test reactors from the use of 
     highly enriched uranium to low-enriched uranium; (C) 
     development of alternative low-enriched uranium fuels; (D) 
     international radiological threat reduction, including 
     security of vulnerable radiological sites, recovery and 
     removal of unsecured radiological sources, and activities to 
     address concerns and recommendations of the Government 
     Accountability Office, in its report of March 13, 2007 titled 
     ``Focusing on the Highest Priority Radiological Sources Could 
     Improve DOE's Efforts to Secure Sources in Foreign 
     Countries''; (E) emerging threats and sensitive nuclear 
     materials not covered by other GTRI programs (``gap 
     material''), including removal and disposal of highly-
     enriched uranium and plutonium, and development of mobile 
     equipment that enables rapid-response teams to quickly secure 
     and remove nuclear materials and denuclearize comprehensive 
     nuclear weapons programs; and (F) United States radiological 
     threat reduction, including development of alternative 
     materials for radiological sources that could be used in a 
     radiological dispersion device, known as a ``dirty bomb'', 
     and securing and storing excess and unwanted domestic 
     radiological sources within United States borders.
       (2) Nonproliferation and International Security, to be used 
     for (A) technical support to the six-party process on the 
     denuclearization of the Democratic People's Republic of 
     Korea; (B) application and deployment of technologies to 
     detect weapons of mass destruction (W.D.) proliferation and 
     verify W.D. dismantlement; (C) efforts to strengthen nuclear 
     safeguards, including improved safeguards analysis 
     capabilities for the International Atomic Energy Agency and 
     research and development on the next generation of nuclear 
     safeguards, and W.D. export control systems in foreign 
     countries, including technical and other support to the 
     International Atomic Energy Agency's efforts to build the 
     capacity of countries to implement United Nations Security 
     Council Resolution 1540; (D) training of border, customs and 
     other officials in foreign countries to detect and prevent 
     theft or other illicit transfer of W.D. or W.D.-related 
     materials; (E) re-direction of displaced scientists and other 
     personnel with expertise relating to W.D. research and 
     development to sustained civil employment, including in Iraq, 
     Libya and Russia; and (F) activities relating to the 
     Proliferation Security Initiative (PSI) and other W.D. 
     interdiction programs.
       (3) International Materials Protection and Cooperation, to 
     be used for (A) implementation of physical protection and 
     material control and accounting upgrades at sites; (B) 
     national programs and sustainability activities in Russia, 
     including activities to address concerns and recommendations 
     of the Government Accountability Office in its report of 
     February 2007 titled ``Progress Made in Improving Security at 
     Russian Nuclear Sites, but the Long-Term Sustainability of 
     U.S. Funded Security Upgrades is Uncertain''; (C) material 
     consolidation and conversion (including consolidation of 
     excess highly-enriched uranium and plutonium into fewer more 
     secure locations in Russia, and conversion of highly-enriched 
     uranium to low-enriched uranium in Russia); and (D) 
     deployment and support of radiation detection equipment at 
     key ports of transit, and implementation of Department of 
     Energy actions under the Security and Accountability for 
     Every Port Act of 2006 (also known as the SAFE Port Act; 
     Public Law 109-347), under the Second Line of Defense 
     Megavolts program.
       (4) Nonproliferation and Verification Research and 
     Development, to be used for (A) development of technologies 
     to detect and analyze activities relating to the global 
     proliferation of W.D., including plutonium reprocessing, 
     uranium enrichment, and special nuclear material movement; 
     and (B) nuclear explosion monitoring, including improved 
     nuclear material and debris analysis capabilities and 
     research and development on improved domestic and world-wide 
     nuclear material and debris collection capabilities.
     Section 1841. Office of the United States Coordinator for the 
         Prevention of Weapons of Mass Destruction Proliferation 
         and Terrorism
       Section 1241 of the House bill establishes a Presidential 
     Coordinator to improve the effectiveness of United States 
     strategy and policies on weapons of mass destruction (W.D.) 
     nonproliferation and threat reduction programs. The 
     Coordinator's duties would include serving as the principal 
     advisor to the President, formulating a comprehensive and 
     well-coordinated U.S. strategy for preventing W.D. 
     proliferation and terrorism, and coordinating inter-agency 
     action on these matters. The Coordinator would also conduct 
     oversight and evaluation of relevant programs across the 
     government and develop a comprehensive budget for such 
     programs. Section 1241 would also direct the Coordinator to 
     consult regularly with the Commission on the Prevention of 
     W.D. Proliferation and Terrorism, established under House 
     section 1251, and to submit to Congress, for Fiscal Year 2009 
     and each fiscal year thereafter, an annual report on the 
     strategic plan required under this section.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that strengthens the role of the Coordinator, by 
     providing that the Coordinator may attend and participate in 
     meetings of the National Security Council and the Homeland 
     Security Council. It also makes clarifying and technical 
     changes.
     Section 1842. Sense of Congress on United States-Russia 
         Cooperation and Coordination on the Prevention of Weapons 
         of Mass Destruction Proliferation and Terrorism
       Section 1242 of the House bill expresses a sense of 
     Congress that the President should request the President of 
     the Russian Federation to designate a Russian official having 
     the authorities and responsibilities for preventing weapons 
     of mass destruction (W.D.) proliferation and terrorism, 
     commensurate with those of the U.S. Coordinator for these 
     matters, established under House section 1241, and with whom 
     the U.S. Coordinator would interact.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that expresses a sense of Congress that the 
     President should engage Russia's President in a discussion of 
     the purposes and goals for the

[[Page 20748]]

     establishment of the Office of the United States Coordinator 
     for the Prevention of Weapons of Mass Destruction and 
     Terrorism; the authorities and responsibilities of the U.S. 
     Coordinator; and the importance of strong cooperation between 
     the U.S. Coordinator and a senior Russian official having 
     authorities and responsibilities for preventing W.D. 
     destruction and terrorism, and with whom the U.S. Coordinator 
     would interact.
     Section 1851. Establishment of Commission on the Prevention 
         of Weapons of Mass Destruction Proliferation and 
         Terrorism
       Section 1251 of the House bill establishes a 
     Congressional--Executive Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1852. Purposes of Commission
       Section 1252 of the House bill specifies that the purposes 
     of the commission established in House section 1251 are to 
     assess current United States and international 
     nonproliferation activities and provide a comprehensive 
     strategy and concrete recommendations for such activities.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1853. Composition of Commission
       Section 1253 of the House bill specifies the composition of 
     the commission established in House Section 1251, including 
     the appointment of co-chairmen of the commission.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that creates one chairman of the commission, 
     rather than co-chairmen, and makes other changes to 
     membership structure. The substitute also specifies 
     qualifications for commission members; and makes clarifying 
     the technical changes.
     Section 1854. Responsibilities of Commission
       Section 1254 of the House bill specifies the 
     responsibilities of the commission established under section 
     1251, including assessment of United States inter-agency 
     coordination and commitments to international regimes. House 
     Section 1254 also specifies that the commission shall 
     reassess, and where necessary update and expand on, the 
     conclusions and recommendations of the report titled ``A 
     Report Card on the Department of Energy's Nonproliferation 
     Programs with Russia'' of January 2001 (also known as the 
     ``Baker-Cutler Report'').
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1855. Powers of Commission
       Section 1255 of the House bill specifies the powers and 
     responsibilities of the commission established under section 
     1251 of that bill.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, with 
     an amendment that authorizes staff for the commission.
     Section 1856. Nonapplicability of Federal Advisory Committee 
         Act
       Section 1256 of the House bill specifies that the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     commission established under section 1251.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1857. Report
       Section 1257 of the House bill requires, not later than 180 
     days after the appointment of the commission established 
     under section 1251 of that bill, the commission to submit to 
     the President and Congress a final report containing the 
     commission's findings, conclusions and recommendations.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1858. Termination
       Section 1258 of the House bill requires all authorities 
     relating to the commission established under section 1251 to 
     terminate 60 days after the date on which the commission's 
     final report under House section 1257 is submitted.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision.
     Section 1859. Funding
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a provision that 
     specifically authorizes such sums as may be necessary for the 
     purposes of the activities of the Commission under this 
     title.

   TITLE XIX--INTERNATIONAL COOPERATION OF ANTITERRORISM TECHNOLOGIES

     Section 1901. Promoting Antiterrorism Capabilities through 
         International Cooperation
       There is no comparable House provision. However, the House 
     has twice passed legislation to establish a Science and 
     Technology Homeland Security International Cooperative 
     Programs Office (Office). Specifically, the House passed H.R. 
     4942 during the 109th Congress, and H.R. 884, a slightly 
     modified version of H.R. 4942, during the 110th Congress.
       Section 1301 of the Senate bill directs the Department of 
     Homeland Security's (Department) Under Secretary for Science 
     and Technology (S&T) to establish the Science and Technology 
     Homeland Security International Cooperative Programs Office. 
     The purpose of the Office is to facilitate the planning, 
     development, and implementation of international cooperative 
     activities, such as joint research projects, exchange of 
     scientists and engineers, training of personnel, and 
     conferences, in support of homeland security.
       The Conference substitute adopts the Senate provisions, 
     with minor modifications.
       The Conference substitute directs the Under Secretary for 
     S&T to establish an Office to promote cooperation between 
     entities of the United States and its allies in the global 
     war on terrorism for the purpose of engaging in cooperative 
     endeavors focused on the research, development, and 
     commercialization of high-priority technologies intended to 
     detect, prevent, respond to, recover from, and mitigate 
     against acts of terrorism and other high consequence events 
     and to address the homeland security needs of Federal, State, 
     and local governments. The Office, located within the 
     Department's S&T Directorate, is responsible for: promoting 
     cooperative research between the United States and its allies 
     on homeland security technologies; developing strategic 
     priorities for international cooperative activity and 
     addressing them through agreements with foreign entities; 
     facilitating the matching of U.S. entities engaged in 
     homeland security research with appropriate foreign research 
     partners; ensuring funds and resources expended for 
     international cooperative activity are equitably matched; and 
     coordinating the activities of the Office with other relevant 
     Federal agencies. This provision also requires the Office to 
     submit a report every five years to Congress on the S&T 
     Directorate's international cooperative activities.
       This provision also directs the Department to identify 
     critical knowledge and technology gaps, if any, and establish 
     priorities for international cooperative activities to 
     address such gaps. The Department shall coordinate with other 
     appropriate research agencies in order to avoid creating 
     redundant activities. Specifically, it is understood that 
     this new office must coordinate its activities with the 
     Department of State and shall not infringe on the Department 
     of State's role as the agency with primary responsibility 
     within the Executive Branch for coordination and oversight 
     over all major science or science and technology agreements 
     and activities between the United States and foreign 
     countries, in accord with Title V of the Foreign Relations 
     Authorization Act, Fiscal Year 1979. Further, any 
     international agreements that the Department wishes to 
     negotiate and conclude in support of international 
     cooperative activity relating to homeland security would be 
     subject to the Case-Zablocki Act (1 U.S.C. Sec. 112b).
     Section 1902. Transparency of Funds
       There is no comparable House provision.
       Section 1302 of the Senate bill requires the Director of 
     the Office of Management and Budget to ensure that all 
     Federal grants expended by the Office are done so in 
     compliance with the Federal Funding Accountability and 
     Transparency Act of 2006 (Public Law 109-282).
       The Conference substitute adopts the Senate provision.

                 TITLE XX--INTERNATIONAL IMPLEMENTATION

     Section 2001. Short Title
       The Conference substitute provides that Title XX of the Act 
     may be cited as the ``9/11 Commission International 
     Implementation Act of 2007.''
     Section 2002. Definitions
       Section 1402 of the House bill contains the definitions 
     applicable to Title XIV.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified.
     Section 2011. Findings; Policy
       Section 1411(a) of the House bill contains Congressional 
     findings.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It describes the importance of education that 
     teaches tolerance and respect for different beliefs as a key 
     element in eliminating Islamic terrorism. The findings note 
     that the National Commission on Terrorist Attacks Upon the 
     United States concluded that ensuring education opportunity 
     is essential to U.S. efforts to defeat global terrorism and 
     recommended that the United States join other nations in 
     providing funding for building and operating primary and 
     secondary schools in Muslim countries where the Governments 
     of those Countries commit to sensibly investing financial 
     resources in public education. The findings also note that 
     despite Congressional endorsement in the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458), 
     such a program was not established. They also declare that it 
     is United States policy: to work toward the goal of

[[Page 20749]]

     dramatically increasing the availability of modern basic 
     education through public schools in predominantly Muslim 
     countries; to join with other countries in supporting the 
     International Muslim Youth Opportunity Fund; to offer 
     additional incentives to increase the availability of basic 
     education in Arab and predominantly Muslim countries; and to 
     work to prevent financing of education institutions that 
     support radical Islamic fundamentalism.
     Section 2012. International Muslim Youth Opportunity Fund
       Section 1412 of the House bill amends section 7114 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) by establishing an International Muslim 
     Youth Opportunity Fund.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It states the purpose is to strengthen the public 
     educational systems in predominantly Muslim countries by 
     authorizing the establishment of an International Muslim 
     Youth Opportunity Fund and providing resources for the Fund 
     to help strengthen the public educational systems in 
     predominantly Muslim countries. The new section authorizes 
     the establishment of an International Muslim Youth 
     Opportunity Fund as either a separate fund in the U.S. 
     Treasury or through an international organization or 
     international financial institution; authorizes the Fund to 
     support specific activities, including assistance to enhance 
     modern educational programs; assistance for training and 
     exchange programs for teachers, administrators, and students; 
     assistance targeting primary and secondary students; 
     assistance for development of youth professionals; and other 
     types of assistance such as the translation of foreign books, 
     newspapers, reference guides, and other reading materials 
     into local languages and the construction and equipping of 
     modern community and university libraries; and authorizes 
     such sums as may be necessary for Fiscal Years 2008, 2009 and 
     2010 to carry out these activities. This subsection also 
     authorizes the President to carry out programs consistent 
     with these objectives under existing authorities, including 
     the Mutual Educational and Cultural Exchange Act. This 
     subsection requires the President to prepare a report to 
     Congress on the United States efforts to assist in the 
     improvement of education opportunities for Muslim children 
     and youths as well as the progress in establishing the 
     International Muslim Youth Opportunity Fund.
     Section 2013. Annual Report to Congress
       Section 1413(a) of the House bill directs the Secretary of 
     State to prepare an annual report.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It directs the Secretary of State to prepare an 
     annual report, not later than June 1 of each year until 
     December 31, 2009, on the efforts of predominantly Muslim 
     countries to increase the availability of modern basic 
     education and to close educational institutions that promote 
     religious extremism and terrorism. It also provides the 
     requirements for the annual report.
     Section 2014. Extension of Program to Provide Grants to 
         American Sponsored Schools in Predominantly Muslim 
         Countries
       Section 1414(a) of the House bill extends a program to 
     provide grants to American sponsored schools in predominantly 
     Muslim Countries.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It provides findings regarding the pilot program 
     established by section 7113 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458). It 
     also states that this program for outstanding students from 
     lower-income and middle-income families in predominantly 
     Muslim countries is being implemented. It also provides for 
     amendments to that section to extend the program for Fiscal 
     Years 2007 and 2008, authorizes such sums as may be necessary 
     for such years, and requires a report in April 2008 about the 
     progress of the program.
     Section 2021. Middle East Foundation
       Section 1421(a) of the House bill deals with the Middle 
     East Foundation.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It states the purpose of this section which is to 
     support in the countries of the broader Middle East region, 
     the expansion of civil society, opportunities for political 
     participation of all citizens, protections for 
     internationally recognized human rights; educational reforms; 
     independent media, policies that promote economic 
     opportunities for citizens; the rule of law; and democratic 
     processes of government. It authorizes the Secretary of State 
     to designate an appropriate private, non-profit United States 
     organization as the Middle East Foundation and to provide 
     funding to the Middle East Foundation through the Middle East 
     Partnership Initiative. It also requires the Middle East 
     Foundation to award grants to persons located in the broader 
     Middle East region or working with local partners based in 
     the region to carry out projects that support the purposes 
     specified in subsection (a); and permits the Foundation to 
     make a grant to a Middle Eastern institution of higher 
     education to create a center for public policy. It also 
     establishes the private nature of the Middle East Foundation. 
     It prevents the funds provided to the Foundation from 
     benefitting any officer or employee of the Foundation, except 
     as salary or reasonable compensation for services. It also 
     provides that the Foundation may hold and retain funds 
     provided in this section in interest-bearing accounts. The 
     Conference substitute requires annual independent private 
     audits, permits audits by the Government Accountability 
     Office, and requires audits of the use of funds under this 
     section by the grant recipient. This subsection also directs 
     the Foundation to prepare an annual report on the 
     Foundation's activities and operations, the grants awarded 
     with funds provided under this section, and the financial 
     condition of the Foundation. It defines the geographic scope 
     of this section. It also repeals section 534(k) of Public Law 
     109-102.
     Section 2031. Advancing United States Interests Through 
         Public Diplomacy
       Section 1431(a) of the House bill deals with advancing U.S. 
     interests through public diplomacy.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It contains a finding that the National Commission 
     on Terrorist Attacks Upon the United States stated that the 
     U.S. government initiated some promising initiatives in 
     television and radio broadcasting to the Arab world, Iran, 
     and Afghanistan and that these efforts are beginning to reach 
     larger audiences. It includes a sense of Congress that the 
     United States needs to improve its communication of ideas and 
     information to people in countries with significant Muslim 
     populations, that public diplomacy should reaffirm the United 
     States commitment to democratic principles, and that a 
     significant expansion of United States international 
     broadcasting would provide a cost-effective means of 
     improving communications with significant Muslim populations. 
     It amends the United States International Broadcasting Act of 
     1994 to include a provision establishing special authority 
     for surge capacity for U.S. international broadcasting 
     activities to support United States foreign policy objectives 
     during a crisis abroad. The provision also authorizes such 
     sums to carry out the surge capacity authority and directs 
     the Broadcasting Board of Governors to provide information on 
     the use of this authority, as part of an existing annual 
     report to the President and Congress.
     Section 2032. Oversight of International Broadcasting
       There is no comparable House provision.
       Section 1913 of the Senate bill requires the Board of 
     Broadcasting Governors to transcribe into English all 
     broadcasts by Voice of America, Radio Free Europe/Radio 
     Liberty, Radio Free Asia, Radio Farad, Radio Saw, Alhurra, 
     and the Office of Cuba Broadcasting.
       The Conference substitute is a narrower version of the 
     Senate provision. It requires the Broadcasting Board of 
     Governors to initiate a pilot project to transcribe into the 
     English language news and information programming broadcast 
     by Radio Farad, Radio Saw, the Persia Service of the Voice of 
     America, and Alhurra. It also provides that this 
     transcription shall consist of random sampling and that the 
     transcripts shall be made available to Congress and the 
     public. In addition, it contains a reporting requirement and 
     authorizes $2 million in appropriations for this pilot 
     project.
     Section 2033. Expansion of United States Scholarship, 
         Exchange, and Library Programs in Predominantly Muslim 
         Countries
       Section 1433(a) of the House bill directs the Secretary of 
     State to prepare a report every 180 days until December 31, 
     2009, on the recommendations of the National Commission on 
     Terrorist Attacks Upon the United States,
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It directs the Secretary of State to prepare a 
     report every 180 days until December 31, 2009, on the 
     recommendations of the National Commission on Terrorist 
     Attacks Upon the United States for expanding U.S. 
     scholarship, exchange, and library programs in predominantly 
     Muslim countries, including a certification by the Secretary 
     of State that such recommendations have been implemented or 
     if a certification cannot be made, what steps have been taken 
     to implement such recommendations. It provides for the 
     termination of the duty to report when the certification 
     pursuant to subsection (a) has been submitted.
     Section 2034. U.S. Policy Toward Detainees
       Section 1434 of the House bill deals with detainees.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It provides findings that the 9/11 Commission 
     recommended that the United States develop a common coalition 
     approach toward detention and humane treatment of captured 
     terrorists, that a number of U.S. allies are conducting 
     investigations related to treatment

[[Page 20750]]

     of detainees and the Secretary of State has launched an 
     initiative to address the differences between the United 
     States and its allies. It expresses the sense of Congress 
     that the Secretary of State should continue to build on the 
     efforts to engage U.S. allies in compliance with Common 
     Article 3 of the Geneva Conventions and other applicable 
     legal principles, toward the detention and humane treatment 
     of individuals detained during Operation Iraqi Freedom, 
     Operation Enduring Freedom, or in connection with United 
     States counterterrorism operations. It also requires that the 
     Secretary keep the appropriate Congressional Committees fully 
     informed of the developments of these discussions and 
     requires a report on the progress made 180 days after 
     enactment of this Act.
     Section 2041. Afghanistan
       Section 1441 of the House bill relates to Afghanistan.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It describes Congressional findings, including that 
     a democratic, stable, and prosperous Afghanistan is vital to 
     the national security of the United States and to combating 
     international terrorism; that following the ouster of the 
     Taliban regime in 2001, the Government of Afghanistan has 
     achieved some notable successes; that there continue to be 
     factors that pose a serious and immediate threat to the 
     stability of Afghanistan; and that the United States and the 
     international community must significantly increase 
     political, economic, and military support to Afghanistan to 
     ensure its long-term stability and prosperity, and to deny 
     violent extremist groups such as al Qaeda sanctuary in 
     Afghanistan. It declares that it is the United States policy 
     to vigorously support the Government and people of 
     Afghanistan with assistance and training, particularly in 
     strengthening government institutions, as they continue to 
     commit to the path toward a government representing and 
     protecting the rights of all Afghans.
       Moreover, the Conference substitute declares that the 
     United States shall maintain its long-term commitment to the 
     people of Afghanistan by increased assistance and the 
     continued deployment of United States troops in Afghanistan. 
     This section also states that the President shall engage 
     aggressively with the Government of Afghanistan and NATO to 
     explore all additional options for addressing the narcotics 
     crisis in Afghanistan, including considering whether NATO 
     forces should change their rules of engagement regarding 
     counter-narcotics operations. In addition, this subsection 
     declares that the United States shall continue to foster 
     greater understanding and cooperation between the Governments 
     of Afghanistan and Pakistan. This provision makes it a 
     statement of Congress that the Afghanistan Freedom Support 
     Act of 2002 be reauthorized and updated. It also directs the 
     President to make increased effort to improve the capability 
     and effectiveness of police training programs, including, if 
     appropriate, by dramatically increasing the numbers of United 
     States and international police trainers, mentors, and police 
     personnel operating with Afghan civil security forces and 
     shall increase efforts to assist the Government of 
     Afghanistan in addressing corruption; and directs the 
     President to submit a report on the United States efforts to 
     fulfill the requirements in this subsection.
     Section 2042. Pakistan
       Section 1442 of the House bill relates to Pakistan's 
     commitment to fighting terrorism.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It contains Congressional findings describing the 
     Government of Pakistan's commitment to combating 
     international terrorism and the critical issues threatening 
     to disrupt the relationship between the United States and 
     Pakistan, undermine international security, and destabilize 
     Pakistan. The findings also describe the publicly stated 
     goals of Pakistan and their close agreement with the national 
     interests of the United States and the opportunity for a 
     shared effort in achieving correlative goals. This provision 
     also declares that it is the policy of the United States to 
     work with the Government of Pakistan to maintain its long-
     term strategic relationship; to combat international 
     terrorism; to end the use of Pakistan as a safe haven for 
     forces associated with the Taliban; to dramatically increase 
     funding for programs of the U.S. Agency for International 
     Development and the Department of State; to work with the 
     international community to secure additional financial and 
     political support to assist the Government of Pakistan in 
     building a moderate, democratic State; to facilitate greater 
     cooperation between the Governments of Afghanistan and 
     Pakistan; and to work with the Government of Pakistan to 
     prevent the proliferation of nuclear technology.
       The Conference substitute requires the President to submit 
     a report on the long-term strategy of the United States to 
     engage with the Government of Pakistan to address curbing the 
     proliferation of nuclear weapons technology, combating 
     poverty and corruption, building effective government 
     institutions, promoting democracy and the rule of law, 
     addressing the continued presence of the Taliban and other 
     violent extremist forces throughout the country, and 
     effectively dealing with Islamic extremism. This section also 
     prohibits the provision of United States security assistance 
     to Pakistan for Fiscal Year 2008 until the President 
     determines that the Government of Pakistan is committed to 
     eliminating the Taliban from operating in areas under its 
     sovereign control, is undertaking a comprehensive campaign to 
     accomplish this goal, and is making demonstrated, 
     significant, and sustained progress towards eliminating 
     support or safe haven for terrorists, and requires the 
     President to submit a justification for any such 
     determination made.
       Moreover, the Conference substitute provides a sense of 
     Congress that the national security interest of the United 
     States will best be served if the United States develops and 
     implements a long- term strategy to improve the United States 
     relationship with Pakistan and works with Pakistan to stop 
     nuclear proliferation. It also authorizes such sums as may be 
     necessary for assistance for Pakistan in various different 
     accounts. This subsection also states that the determination 
     of the level of funds authorized to be appropriated be 
     determined by the degree to which the Government of Pakistan 
     makes progress in preventing terrorist organizations from 
     operating in Pakistan and in implementing democratic reforms 
     and respecting the independence of the press and the 
     judiciary. In addition, it requires a report to be submitted 
     by the Secretary of State describing the degree to which such 
     progress has been made. It also extends waivers of foreign 
     assistance restrictions with respect to Pakistan through the 
     end of Fiscal Year 2008 and includes a sense of Congress that 
     extensions of these waivers beyond Fiscal Year 2008 should be 
     informed by whether Pakistan makes progress in rule of law 
     and other democratic reforms and whether it holds a 
     successful parliamentary election.
     Section 2043. Saudi Arabia
       Section 1443 of the House bill contains Congressional 
     findings that the Kingdom of Saudi Arabia.
       There is no comparable Senate provision.
       The Conference substitute adopts the House provision, as 
     modified. It contains Congressional findings that the Kingdom 
     of Saudi Arabia's record in the fight against terrorism has 
     been uneven and that the United States has a national 
     security interest in working with the Government of Saudi 
     Arabia to combat international terrorists. This section also 
     expresses a sense of Congress that the Government of Saudi 
     Arabia must undertake a number of political and economic 
     reforms in order to more effectively combat terrorism. In 
     addition, the Conference substitute requires a report on 
     United States long-term strategy to engage with the Saudi 
     Government to facilitate reform, to combat terrorism and to 
     provide an assessment on Saudi progress to becoming a party 
     to the International Convention for the Suppression of the 
     Financing of Terrorism and on the activities and authority of 
     the Saudi Nongovernmental National Commission for Relief and 
     Charity Work Abroad.

                 Title XXI--Advancing Democratic Values

     Section 2101. Short Title
       Section 2101 of the Senate bill states that this title may 
     be referred to as the, ``Advance Democratic Values, Address 
     Nondemocratic Countries, and Enhance Democracy Act of 2007,'' 
     or the ``ADVANCE Democracy Act of 2007.''
       There is no comparable House provision.
       The Conference substitute adopts the Senate provision, with 
     an amendment expanding and revising the findings in this 
     section.
       Title XXI, which was title XIX of the Senate bill and has 
     no comparable House provision other than section 1421 of the 
     House bill, comprises the ADVANCE Democracy Act of 2007, 
     which gives statutory standing to the U.S. framework to 
     strengthen and institutionalize U.S. support for the 
     promotion of democratic principles and practices worldwide. 
     Since the President's speech at the National Endowment for 
     Democracy on November 6, 2003, and his second inaugural 
     address on January 20, 2005, the Department of State has been 
     taking steps to strengthen U.S. Government democracy 
     promotion programs. The Conference recognizes that there are 
     already a number of experienced and dedicated career State 
     Department officials who focus their talents and energy on 
     democracy promotion. The Conference believes these efforts 
     could be strengthened by further institutionalizing the focus 
     on the protection of human rights and the promotion of 
     democracy. In this sense, the ADVANCE Democracy Act 
     represents Congressional support for the President's 
     commitment to democracy promotion and the Secretary of 
     State's ongoing efforts to change the State Department 
     through the ``Transformational Diplomacy Initiative.'' The 
     Conference intends that the Act will contribute to making 
     democracy promotion a core element of U.S. foreign policy 
     well beyond the time when the President's term of office has 
     been completed.

[[Page 20751]]

       The Conference substitute adopts the Senate provisions, 
     with amendments. The ADVANCE Democracy Act of 2007: (1) 
     establishes new Democratic Liaison Officers and requires the 
     Secretary to identify at least one office responsible for 
     supporting the new officers and providing liaison with both 
     U.S. and foreign non-governmental organizations; (2) endorses 
     long-term strategies for democracy promotion and human rights 
     protection for non-democratic and democratic transition 
     countries; (3) requires the Secretary to continue to enhance 
     training on democracy promotion and human rights protection 
     for members of the Foreign Service and other State Department 
     employees; (4) supports incentives for employees who excel in 
     democracy promotion and human rights protection; (5) 
     encourages Ambassadors and other members of the Foreign 
     Service to reach out to foreign audiences and engage robustly 
     with foreign government officials, media, non-governmental 
     organizations, and students in order to engage in discussions 
     about U.S. foreign policy, in particular democracy and human 
     rights; (6) supports efforts to work on democracy promotion 
     through international institutions, such as the UN Democracy 
     Fund and the Community of Democracies, and in cooperation 
     with other countries.
       The ADVANCE Democracy Act of 2007 represents several years 
     of discussion with outside activists, democracy 
     practitioners, and the Department of State. It seeks to 
     bridge the differences between individuals and non-
     governmental organizations that focus on the promotion of 
     democracy and those that focus on the protection of human 
     rights. The Conference believes that the work of these two 
     groups of reform advocates is mutually reinforcing.
     Section 2102. Findings
       There is no comparable House provision.
       Section 1902 of the Senate bill contains Congressional 
     findings describing the need to promote democracy throughout 
     the world. The findings note that the development of 
     universal democracy constitutes a long-term challenge that 
     goes through unique phases at different paces in individual 
     countries. It requires reforms that go well beyond the 
     holding of free elections to include, among other 
     institutions, a thriving civil society, a free media, and an 
     independent judiciary. The findings state that the 
     development of democracy must be led from within countries 
     themselves. This section also recognizes that democracy and 
     human rights activists are under increasing pressure from 
     authoritarian regimes and, in some cases, the governments of 
     democratic transition countries. While recognizing that 
     individuals, non-governmental organizations, and movements in 
     nondemocratic and democratic transition countries must take 
     the lead in making their own decisions, the findings state 
     that democratic countries have a number of instruments to 
     support such reformers and should cooperate with each other 
     to do so.
       The Conference substitute adopts the Senate provision, with 
     an amendment expanding and revising the findings in this 
     section.
     Section 2103. Statement of Policy
       There is no comparable House provision.
       Section 1903 of the Senate bill declares that it is United 
     States policy: To promote freedom, democracy and human rights 
     as fundamental components of United States foreign policy; to 
     promote democratic institutions, including an independent 
     judiciary, an independent and professional media, strong 
     legislatures and a thriving civil society; to provide 
     appropriate support to individuals, non- governmental 
     organizations, and movements living in nondemocratic 
     countries and democratic transition countries that aspire to 
     live in freedom; to provide political, economic, and other 
     support to foreign countries that are undertaking a 
     transition to democracy; and to strengthen cooperation with 
     other democratic countries in order to better promote and 
     defend shared values and ideals.
       The Conference substitute adopts the Senate provision, with 
     an amendment expanding and revising the statement of policy 
     in this section.
     Section 2104. Definitions
       There is no comparable House provision.
       Section 1904 of the Senate bill provides definitions for 
     use in this title.
       The Conference substitute adopts the Senate provision, with 
     an amendment adding or revising several definitions, 
     particularly by adding a definition of Nondemocratic or 
     Democratic Transition Country.

      Subtitle A--Activities to Enhance the Promotion of Democracy

     Section 2111. Democracy Promotion at the Department of State
       There is no comparable House provision.
       Section 1911 of the Senate bill provides for the 
     establishment of Democracy Liaison Officers. It describes the 
     responsibilities of the Democracy Liaison Officers and 
     indicates that these positions should be in addition to, and 
     not in replacement of, other positions. Section 1911 also 
     provides that nothing in this subsection may be construed as 
     affecting Chief of Mission authority under any provision of 
     law, including the President's direction to Chiefs of Mission 
     in the exercise of the President's constitutional 
     responsibilities.
       The Conference report adopts the Senate provision, with an 
     amendment.
       In addition to the Democracy Liaison Officers described 
     above, the Conference substitute requires that the Secretary 
     of State identify at least one office in the Bureau of 
     Democracy, Human Rights, and Labor (DRL) responsible for 
     working with democratic movements and facilitating the 
     transition of countries to democracy, including having at 
     least one employee in each office specifically responsible 
     for working with such movements. This section provides for 
     the identification of such an office; describes the 
     responsibilities of the Assistant Secretary for DRL in this 
     regard, which may be exercised through this office; and 
     provides that the Assistant Secretary shall identify officers 
     or employees in DRL that shall have expertise in and 
     responsibility for working with non-governmental 
     organizations, individuals and movements that are committed 
     to the peaceful promotion of democracy.
       The Conference substitute also describes actions that 
     Chiefs of Missions should take to promote democracy. It 
     provides for the development of a strategy to promote 
     democracy in nondemocratic or democratic transition countries 
     and to provide support to non-governmental organizations, 
     individuals and movements in such countries that are 
     committed to democratic principles, practices, and values. It 
     also provides for meetings with leaders of nondemocratic and 
     democratic transition countries regarding progress toward a 
     democratic form of governance, encourages chiefs of missions 
     to conduct meetings with civil society, interviews with media 
     and discussions with students and young people regarding 
     democratic governance.
       Moreover, the Conference substitute provides that the 
     Secretary of State should seek to increase the proportion of 
     DRL's nonadministrative employees who are members of the 
     Foreign Service and authorizes such sums as may be necessary 
     to carry out the provision.
       The Conferees believe that the Democracy Liaison Officers 
     provided for in subsection (a) of the Conference substitute 
     should be selected with the concurrence of the Assistant 
     Secretary of Democracy, Human Rights and Labor in order to 
     ensure that appropriate individuals are put in those posts. 
     The Conferees also believe that more senior officials at 
     posts where there are significant human rights abuses should 
     also be selected with input from the Assistant Secretary for 
     DRL.
       The Conferees note that the Department of State, as part of 
     its Transformational Diplomacy Initiative, intends to reduce 
     or eliminate labor officers in posts abroad. While not 
     objecting to normal rotations and assignments designed to 
     meet the Secretary of State's priorities and reflect the 
     changing needs of host countries, the Conferees are concerned 
     that eliminating such positions would signal an abandonment 
     of the core consensus that has existed since the 1980's that 
     the promotion of democracy includes the promotion of the 
     freedoms of association and organization by laborers.
       The Conferees observe that activists in other countries 
     sometimes are not sure whom to contact at the Department of 
     State to discuss local democracy and human rights issues; 
     thus, the Conferees intend that the Secretary of State have 
     discretion to either create a new office for this purpose or 
     to identify one or more existing offices with regional 
     expertise to be the points of contact for such activists. 
     With respect to the officers or employees in DRL that shall 
     have expertise in and responsibility for working with non-
     governmental organizations, individuals and movements that 
     are committed to the peaceful promotion of democracy, as 
     identified by the Assistant Secretary for DRL, the Conferees 
     expect that such individuals would serve in the office or 
     offices identified pursuant to subpart (b)(1).
       Finally, the Conferees believe that encouraging a greater 
     number of members of the Foreign Service to serve in DRL will 
     enhance democracy promotion.
     Section 2112. Democracy Fellowship Program
       There is no comparable House provision.
       Section 1912 of the Senate bill, requested by the 
     Department of State, provides for a program to obtain an 
     additional perspective on democracy promotion abroad by 
     working with appropriate Congressional offices and Committees 
     and in non-governmental and international organizations 
     involved in democracy promotion.
       The Conference substitute adopts the Senate provision, with 
     an amendment making some minor and conforming changes.
     Section 2113. Investigations of Violations of International 
         Humanitarian Law
       There is no comparable House provision.
       There is no comparable Senate provision.
       The Conference substitute adopts a compromise provision, 
     regarding violations of international humanitarian law by 
     nondemocratic countries. This section requires the President 
     to collect information regarding incidents that may 
     constitute crimes against humanity, genocide and other 
     violations of international humanitarian law. It requires 
     that the President consider what actions he can take to hold 
     governments and responsible individuals accountable.

[[Page 20752]]



Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                               Democracy

     Section 2121. Strategies, Priorities and Annual Report
       Section 1421 of the House bill provides a statement of 
     policy on the importance of promoting democracy human rights 
     and requires country-by-country strategies to address the 
     elements in the statement of policy.
       Section 1921 of the Senate bill changes the title of an 
     existing annual report, ``Supporting Human Rights and 
     Democracy'' (SHRD), which was required by the amendments made 
     by section 665 of the Foreign Relations Authorization Act of 
     2003, to ``Annual Report on Advancing Freedom and Democracy'' 
     and changes the date on which that report needs to be 
     submitted.
       The Conference substitute adopts the Senate provision, with 
     an amendment adding features of section 1421 of the House 
     bill and expanding the provisions of the Senate amendment. It 
     addresses the need for long-term strategies for the promotion 
     of democracy in nondemocratic and democratic transition 
     countries. This section commends the Secretary of State for 
     the ongoing country-specific strategies to promote democracy 
     and requires the Secretary of State to expand the development 
     of country-specific strategies to all nondemocratic and 
     democratic transition countries. It also provides that the 
     Secretary of State shall keep the appropriate Congressional 
     Committees fully and currently informed as strategies are 
     developed.
       The Conference substitute also provides that the report 
     shall include, as appropriate, United States: (1) priorities 
     for the promotion of democracy and the protection of human 
     rights for each non democratic country and democratic 
     transition country, developed in consultation with relevant 
     parties in such countries; and (2) specific actions and 
     activities of Chiefs of Missions and other U.S. officials to 
     promote democracy and protect human rights. This section also 
     extends the due date of the Annual Report.
       The Conferees believe that the Department of State's 
     process for implementing subpart (a)(2) should incorporate 
     both short-term objectives and a long-term approach to 
     democratization. The Conferees intend for the Department of 
     State to fulfill the requirement of keeping the appropriate 
     Congressional Committees informed by briefing the Committees, 
     upon request, in addition to any hearings that Congress may 
     conduct.
       The Conferees observe that the existing SHRD Report all too 
     often reflects a catalogue of program activities of the U.S. 
     Government over the past year without context or a 
     demonstration of what leadership the top U.S. representative 
     is exercising in the area of democracy promotion and human 
     rights protection. Also, the Report contains some country 
     sections where both U.S. priorities for assistance and 
     actions by U.S. officials are included. The Conferees expect 
     that such inconsistencies will be addressed by including both 
     components for each country described in the Report.
     Section 2122. Translation of Human Rights Reports
       There is no comparable House Provision.
       Section 1932 of the Senate bill requires the Secretary of 
     State to continue to expand the translation of various human 
     rights reports.
       The Conference substitute adopts the Senate provision, with 
     an amendment making the translations mandatory and making 
     other minor changes to the Senate language.
       The Conferees believe that the value of these reports will 
     be significantly enhanced if they are available in the 
     language of the country about which they are written. The 
     Conferees do not intend that the entire contents of all 
     reports be translated. Rather, the general overview and the 
     country-specific sections should be translated into the major 
     languages of each country. The Conferees recognize that the 
     Department of State's current focus is on the annual Country 
     Reports on Human Rights Practices required by the Foreign 
     Assistance Act. However, the Conferees believe that 
     translation of the other reports referred to in this section 
     would further expand the impact of the U.S. Government's work 
     on democracy and human rights.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

     Section 2131. Advisory Committee on Democracy Promotion
       There is no comparable House provision.
       Section 1931 of the Senate bill expresses the sense of 
     Congress commending the Secretary of State for establishing 
     the Advisory Committee on Democracy Promotion and expresses 
     the hope that the Committee will play a significant role in 
     transformational diplomacy by advising the Secretary of State 
     on all aspects of democracy promotion, including improving 
     the capacity of the Department of State and U.S. foreign 
     assistance programs.
       The Conference substitute adopts the Senate provision, with 
     an amendment making minor changes to the Senate language.
     Section 2132. Sense of Congress Regarding the Internet 
         Website of the Department of State
       There is no comparable House provision.
       Section 1932 of the Senate bill expresses the sense of 
     Congress that the Secretary of State should take additional 
     steps to enhance the Internet website for global democracy to 
     facilitate access by individuals and non-governmental 
     organizations in foreign countries to documents and other 
     media regarding democratic principles, practices, and values, 
     and the promotion and strengthening of democracy. This 
     website is intended to be an address where democracy 
     activists from around the world can obtain or be linked to 
     information on conditions in their country, materials on 
     successful democracy movements elsewhere and tactics for 
     peaceful democratic change, and other groups around the world 
     that engage in similar struggles for freedom. The website 
     should also include parts of other relevant human rights 
     reports, including translations where appropriate, such as 
     the annual Country Reports on Human Rights Practices, the 
     annual Religious Freedom Report, and the annual Report on 
     Trafficking in Persons.
       The Conference substitute adopts the Senate provision, with 
     an amendment making minor changes to the Senate language.

     Subtitle D--Training in Democracy and Human Rights; Incentives

     Section 2141. Training in Democracy Promotion and Protection 
         of Human Rights
       There is no comparable House provision.
       Section 1941 of the Senate bill provides that the Secretary 
     of State should continue to enhance training on democracy 
     promotion and the protection of human rights for members of 
     the Foreign Service and that such training should include 
     case studies and practical workshops.
       The Conference substitute adopts the Senate provision, with 
     an amendment. Pursuant to the amendment, the Secretary of 
     State is required to continue to enhance training on 
     democracy promotion and the protection of human rights and 
     provides that the training shall include appropriate 
     instruction and training materials regarding: (1) 
     international documents and U.S. policy regarding electoral 
     democracy and respect for human rights, including trafficking 
     in persons; (2) U.S. policy regarding the promotion and 
     strengthening of democracy around the world, with particular 
     emphasis on the transition to democracy in nondemocratic 
     countries; (3) ways to assist individuals and non-
     governmental organizations that support democratic 
     principles, practices, and values for any member, Chief of 
     Mission, or deputy Chief of Mission who is to be assigned to 
     a non-democratic or democratic transition country; and (4) 
     the protection of internationally recognized human rights, 
     including the protection of religious freedom and the 
     prevention of slavery and trafficking in persons. Section 
     1941 also provides that the Secretary of State shall consult 
     as appropriate with non-governmental organizations with 
     respect to the training required in this section, and 
     provides for a one-time report on how this section is being 
     implemented.
       The Conference notes that the Department of State is 
     working with members of the Community of Democracies on a 
     training manual relating to democracy promotion, which may 
     prove useful in the training efforts described in this 
     section. Such instruction may include: techniques for 
     conducting discussions with political leaders of such country 
     regarding United States policy with respect to promoting 
     democracy in foreign countries; treatment of opposition and 
     alternatives to repression; techniques to engage civil 
     society, students and young people regarding U.S. policy on 
     democracy and human rights; methods of nonviolent action and 
     the most effective manner to share such information with 
     individuals and non-governmental organizations; and the 
     collection of information regarding violations of 
     internationally-recognized human rights in coordination with 
     non-governmental human rights organizations, violations of 
     religious freedom, and government-tolerated or condoned 
     trafficking in persons.
       The Conference understands that certain training courses 
     already include some human rights training. However, the 
     Conference expects that the scope and content will be updated 
     and expanded as part of the Secretary of State's 
     Transformational Diplomacy Initiative and that continuous 
     improvements will be made well into the future.
     Section 2142. Sense of Congress Regarding Advance Democracy 
         Award
       There is no comparable House provision.
       Section 1942 of the Senate bill expresses the sense of 
     Congress that the Secretary of State should further 
     strengthen the capacity of the Department of State to carry 
     out results-based democracy promotion efforts through the 
     establishment of awards and other employee incentives, 
     including the establishment of an annual award to be known as 
     the ``Outstanding Achievements in Advancing Democracy 
     Award'', or the ``ADVANCE Democracy Award'', and should 
     establish procedures regarding such awards.
       The Conference substitute adopts the Senate provision.
     Section 2143. Personnel Policies at the Department of State
       There is no comparable House provision.
       Section 1943 of the Senate bill expresses the sense of 
     Congress that precepts for promotion for members of the 
     Foreign Service

[[Page 20753]]

     should include consideration of a candidate's experience or 
     service in the promotion of human rights and democracy.
       The Conference substitute adopts the Senate provision, with 
     an amendment to add suggested mechanisms for creating 
     incentives. It provides that in addition to other awards, 
     such as the award described in section 1942 in that bill, the 
     Secretary of State should increase incentives for members of 
     the Foreign Service and other State Department employees to 
     serve in assignments that have as their primary focus the 
     promotion of democracy and the protection of human rights, 
     including awarding performance pay to members of the Foreign 
     Service, considering whether a member of the Service serving 
     in such assignments as a basis for promotion into the Senior 
     Foreign Service, and providing for Foreign Service Awards.

           Subtitle E--Cooperation with Democratic Countries

     Section 2151. Cooperation with Democratic Countries
       There is no comparable House provision.
       Section 1951 of the Senate bill expresses the sense of 
     Congress that the United States should forge alliances with 
     other democratic countries to promote democracy, protect 
     fundamental freedoms around the world, promote and protect 
     respect for the rule of law, pursue common strategies at 
     international organizations and multilateral institutions and 
     provide support to countries undergoing democratic 
     transitions. Section 1951 of the Senate bill also supports 
     the initiative of the Government of Hungary establishing the 
     International Center for Democratic Transition.
       The Conference substitute adopts the Senate provision, with 
     an amendment making substantive and technical changes. The 
     Conference substitute expresses the sense of Congress that 
     the Community of Democracies should establish a more formal 
     mechanism for carrying out work between ministerial meetings, 
     such as through the creation of a permanent secretariat with 
     an appropriate staff and should establish a headquarters. The 
     Conference substitute authorizes the Secretary of State to 
     detail personnel to such a secretariat or any country that is 
     a member of the Convening Group of the Community of 
     Democracies and provides that the Secretary of State should 
     establish an office of multilateral democracy promotion to 
     address the Community of Democracies, pursue initiatives 
     coming out of the UN Democracy Caucus, and enhance the UN 
     Democracy Fund. The Conference substitute also authorizes an 
     appropriation of $1,000,000 for each of Fiscal Years 2008, 
     2009, and 2010 to the Secretary of State for a grant to the 
     International Center for Democratic Transition and provides 
     additional guidance as to the purposes of the Centers work, 
     including providing grants or voluntary contributions to 
     develop, adopt, and pursue programs and campaigns to promote 
     the peaceful transition to democracy in non-democratic 
     countries.

             Subtitle F--Funding for Promotion of Democracy

     Section 2161. The United Nations Democracy Fund
       There is no comparable House provision.
       Section 1961 of the Senate bill expresses the sense of 
     Congress that the United States should continue to contribute 
     to and work with other countries to enhance the goals and 
     work of the UN Democracy Fund.
       The Conference substitute adopts the Senate provision, with 
     an amendment adding an authorization for the UN Democracy 
     Fund. It authorizes $14,000,000 for a United States 
     contribution to the Fund for each of the Fiscal Years 2008 
     and 2009, as requested by the President.
     Section 2162. United States Democracy Assistance Programs
       There is no comparable House provision.
       Section 1962 of the Senate bill states the sense of 
     Congress that the purpose of the Human Rights and Democracy 
     Fund should be to support innovative programming, media, and 
     materials designed to uphold democratic principles, support 
     and strengthen democratic institutions, promote human rights 
     and the rule of law, and build civil societies in countries 
     around the world. Section 1962 of the Senate bill provides 
     findings reflecting that democracy assistance has many 
     different forms and there is a need for greater clarity on 
     the coordination and delivery mechanisms for U.S. democracy 
     assistance. It also provides that the Secretary of State and 
     the Administrator of the U.S. Agency for International 
     Development (USAID) should develop guidelines, in 
     consultation with the appropriate Committees of Congress, to 
     clarify for U.S. diplomatic and consular missions abroad the 
     need for coordination and the appropriate mix of delivery 
     mechanisms for democracy assistance.
       The Conference substitute adopts the Senate provision, with 
     an amendment including minor and technical amendments and 
     adding a sense of Congress regarding mechanisms for 
     delivering assistance. The Conference substitute provides 
     that United States support for democracy is strengthened by 
     using a variety of different instrumentalities, such as the 
     National Endowment for Democracy, the United States Agency 
     for International Development, and the Department of State, 
     and expresses the view that the Human Rights and Democracy 
     Fund (HRDF), established pursuant to the Freedom Investment 
     Act of 2002, should continue to be used for innovative 
     approaches to promoting democracy and human rights. It also 
     addresses the different mechanisms that are used to define 
     the relationship between the U.S. Government and 
     organizations that deliver services or materials to foreign 
     individuals or communities.
       The Conference believes that the HRDF should remain a 
     flexible instrument to exploit emerging opportunities while 
     at the same time be managed in a cost-effective way and 
     coordinated at the country-level to complement the mix of 
     other democracy assistance being provided.
       The U.S. Government works with a variety of organizations, 
     including non-profit groups such as non-governmental 
     organizations and private and voluntary organizations, and 
     provides them with government funding to carry out U.S. 
     foreign assistance goals. The government also hires for-
     profit private sector companies to implement foreign 
     assistance programs. The use of such companies has been 
     growing over the last 15 years. In general, as in other areas 
     of government procurement, the use of contracts, cooperative 
     agreements, and grants are the three main acquisition 
     mechanisms through which agreement is reached on appropriate 
     benchmarks for success, the level of U.S. government funding 
     that will be spent, and the specific programs and projects to 
     be undertaken.
       In the democracy field, there are a number of U.S. 
     Government entities that manage programs. The Democracy, 
     Human Rights and Labor Bureau at the State Department 
     oversees a large number of programs. The Coordinator's office 
     for the Independent States of the Former Soviet Union 
     oversees programs carried out through the Freedom Support 
     Act. The Middle East Partnership Initiative, also managed by 
     the State Department, promotes democracy and other 
     development priorities in the Middle East. For its part, 
     USAID has a specialized unit focused on providing democracy 
     and governance assistance worldwide. Because of a constrained 
     operating budget that limits permanent staff, USAID has 
     increasingly relied on contract mechanisms, although it 
     continues to use grants and cooperative agreements. The 
     National Endowment for Democracy also provides extensive 
     assistance worldwide. More recently, a Millennium Challenge 
     Corporation (MCC) threshold program is providing electoral 
     reform assistance in Jordan.
       Non-profit organizations sometimes apply for and receive 
     funding from several or all of these U.S. Government 
     entities, most often through grants and cooperative 
     agreements and sometimes through contracts. Private sector 
     companies work almost exclusively through contracts. Both 
     private sector and non-profit organizations bring unique 
     strengths to the effort. Private sector companies have the 
     ability to hire employees with specialized skills to provide 
     technical assistance on a short-notice basis. Non-profit 
     organizations often develop longer-term contacts in the 
     field, country expertise, and have revenue sources other than 
     U.S. Government funding that allows for a more sustained 
     approach to underlying problems. With this multitude of 
     actors, mechanisms, and foreign assistance ``spigots,'' and 
     given the characteristics of such actors, the Conference 
     requests that the Secretary of State and the Administrator of 
     USAID develop appropriate guidelines to assist U.S. missions 
     in their efforts to coordinate democracy assistance in-
     country and select appropriate mechanisms for its effective 
     implementation.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

     Section 2201. Interoperable Emergency Communications
       There is no comparable House provision.
       Section 1481(a) of the Senate bill generally amends Section 
     3006 of the Deficit Reduction Act of 2005 (Public Law 109-
     171) (DRA) by deleting statutory language that currently 
     limits funding to systems that either use, or interoperate 
     with systems that use, public safety spectrum in the 700 
     megahertz band (specifically, 764-776 megahertz and 794-806 
     megahertz), and inserting new subsections providing 
     Congressional direction with respect to eligible activities 
     under NTIA's administration of the $1 billion public safety 
     grant program.
       New 3006(a) of the DRA establishes the scope of the 
     permissible grants under the program and permits NTIA to 
     allocate up to $100 million for the establishment of 
     strategic technology reserves that will provide 
     communications capability and equipment for first responders 
     and other emergency personnel in the event of an emergency or 
     a major disaster. In addition to strategic technology 
     reserves, this subsection describes a broad range of topics 
     related to improving communications interoperability that 
     will be eligible for assistance under the grant program 
     including, Statewide or regional planning and coordination, 
     design and engineering support, technical assistance and 
     training, and the acquisition or deployment of interoperable 
     communications equipment, software, or systems.
       New 3006(b) of the DRA reiterates the requirement imposed 
     under section 4 of the

[[Page 20754]]

     Call Home Act of 2006, which, subject to the receipt of 
     qualified applications as determined by the Assistant 
     Secretary, would require that not less that $1 billion be 
     awarded no later than September 30, 2007.
       New 3006(C) of the DRA requires that funding distributions 
     be made among the several States consistent with section 
     1014(C)(3) of the USA PATRIOT Act (0.75 percent to each 
     State) to ensure a fair distribution of funds. It also 
     requires that the calculation of risk factors be based upon 
     an ``all-hazards'' approach that recognizes the critical need 
     for effective emergency communications in response not only 
     to terrorist attacks, but also to a variety of natural 
     disasters.
       New section 3006(d) of the DRA establishes requirements for 
     grant applicants, including an explanation of how assistance 
     would improve interoperability and a description of how any 
     equipment or system request would be compatible or consistent 
     with certain relevant sections of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C.Sec. 194(a)(1)).
       New section 3006(e) of the DRA directs NTIA to rely on the 
     most current grant guidance issued under the Department of 
     Homeland Security (the Department or DHS) SAFECOM program to 
     promote greater consistency in the criteria used to evaluate 
     interoperability grant applications.
       New section 3006(f) of the DRA establishes criteria for 
     grants of equipment, supplies, systems and related 
     communications service related to support for strategic 
     technology reserve initiatives. This section also requires 
     that funding for strategic reserves be divided between block 
     grants to States in support of state reserves and grants in 
     support of Federal reserves at each Federal Emergency 
     Management Agency (FEMA) regional office and in each of the 
     noncontiguous States.
       New section 3006(g) of the DRA permits the Assistant 
     Secretary to encourage the development of voluntary consensus 
     standards for interoperable communications systems, but 
     precludes the Assistant Secretary from requiring any such 
     standard.
       New section 3006(h) of the DRA permits NTIA to seek 
     assistance from other Federal agencies where appropriate in 
     the administration of the grant program.
       New section 3006(I) of the DRA requires the Inspector 
     General of the Department of Commerce annually to assess the 
     management of NTIA's interoperability grant program.
       New section 3006(j) of the DRA requires NTIA, in 
     consultation with the DHS and the FCC, to promulgate final 
     program rules for implementation within 90 days of enactment.
       New section 3006(k) of the DRA creates a rule of 
     construction clarifying that nothing in this section 
     precludes funding for interim or long-term Internet Protocol-
     based solutions, notwithstanding compliance with the Project 
     25 standard.
       Section 1481(b) of the Senate bill requires the FCC, in 
     coordination with the Assistant Secretary of Commerce for 
     Communications and Information and the Secretary of DHS, to 
     report on the feasibility of a redundant system for emergency 
     communications no later than one year after enactment.
       Section 1481(c) of the Senate bill directs the Assistant 
     Secretary of Commerce for Communications and Information, in 
     consultation with the Secretary of DHS and the Secretary of 
     Health and Human Services, to create a joint advisory 
     committee to examine the communications capabilities and 
     needs of emergency medical care facilities. The joint 
     advisory committee will assess current communications 
     capabilities at emergency care facilities, options to 
     accommodate the growth of communications services used by 
     emergency medical care facilities, and options to better 
     integrate emergency medical care communications systems with 
     other emergency communications networks. The joint advisory 
     committee would be required to report its findings to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Energy and 
     Commerce, within six months after the date of enactment.
       Section 1481(d) of the Senate bill provides authorization 
     for not more than 10 pilot projects to improve the 
     capabilities of emergency communications systems in emergency 
     medical care facilities. Grants would be administered by the 
     Assistant Secretary of Commerce for Communications and 
     Information, would require a fifty percent match, would not 
     exceed $2 million per grant, and would be geographically 
     distributed to the maximum extent possible.
       The Conference substitute adopts the Senate provision, with 
     modifications. Most notably, it authorizes NTIA, in 
     consultation with DHS, to permit up to $75 million of the 
     Public Safety Interoperability Communications grant to be 
     used by States to contribute to a strategic technology 
     reserve. The substitute permits waivers to States that have 
     already implemented a strategic technology reserve or can 
     demonstrate higher priority public safety communications 
     needs. The Conference substitute adopts the Senate's 
     provisions relating to the FCC's vulnerability assessment and 
     report on emergency communications back-up system. The 
     Conference agreed to set a deadline of 180 days for FCC to 
     deliver its findings to Congress. The Conference substitute 
     also adopts the Senate's provision that directs the Assistant 
     Secretary of Commerce for Communications and Information, in 
     consultation with the Secretary of Homeland Security (the 
     Secretary) and the Secretary of Health and Human Services, to 
     establish a joint advisory committee that will assess current 
     communications capabilities at emergency care facilities.
       The Conference substitute provides for reports and audits 
     by the Inspector General of the Department of Commerce. With 
     respect to grants under this title, these provisions 
     strengthen oversight over this program and clarify the intent 
     of the conferees that the provisions in Sec. 2022 of the 
     Homeland Security Act (added by Title I) do not apply to this 
     grant program.
     Section 2202. Clarification of Congressional Intent
       There is no comparable House provision.
       Section 1482(a) of the Senate bill would amend Title VI of 
     the Post-Katrina Emergency Management Reform Act of 2006 
     (Public Law 109-295) by including a savings clause clarifying 
     the concurrent authorities of the Department of Commerce and 
     the Federal Communications Commission (FCC), with respect to 
     their existing authorities related public safety and 
     promoting the safety of life and property through the use of 
     communications. Section 1482(b) of the Senate bill makes the 
     effective date of this savings clause as if enacted with the 
     Department of Homeland Security Appropriations for FY 2007 
     (Public Law 109-295).
       The Conference substitute modifies the Senate language to 
     clarify that it is Congress' intent that Federal Departments 
     and Agencies work cooperatively in a manner that does not 
     impede the implementation of the requirements of Title III 
     and Title XXII of this Act and Title VI of Public Law 109-
     295.
       The Conference observes that Federal Departments and 
     Agencies should not be precluded or obstructed from carrying 
     out their other authorities relating to other emergency 
     communications matters.
     Section 2203. Cross Border Interoperability Reports
       There is no comparable House provision.
       Section 1483 of the Senate bill would require the FCC, in 
     conjunction with the DHS, the Office of Management and 
     Budget, and the Department of State to report, not later than 
     90 days after enactment on the status of efforts to 
     coordinate cross border interoperability issues and the re-
     banding of 800 megahertz radios with Canada and Mexico. The 
     FCC would further be required to report on any communications 
     between the FCC and the Department of State regarding 
     possible amendments to legal agreements and protocols 
     governing the coordination process for license applications 
     seeking to use channels and frequencies above Line A, to 
     submit information about the annual rejection rate over the 
     last 5 years by the United States for new channels and 
     frequencies above Line A, and to suggest additional 
     procedures and mechanisms that could be taken to reduce the 
     rejection rate for such applications. The FCC would be 
     required to provide regular updates of the report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Energy and Commerce 
     of treaty negotiations related to the re-banding of 800 
     megahertz radios until the appropriate treaty has been 
     revised with Canada and Mexico.
       The Conference Report adopts the Senate provision.
     Section 2204. Extension of Short Quorum.
       There is no comparable House provision.
       Section 1484 of the Senate bill permits two members of the 
     Consumer Product Safety Commission to constitute a quorum for 
     6 months following enactment of this Act.
       The Conference substitute adopts the Senate provision.
     Section 2205. Requiring Reports To Be Submitted to Certain 
         Committees.
       Section 1485 of the Senate bill requires under provisions 
     of this Act to be shared with other relevant Congressional 
     Committees.
       The Conference substitute modifies the Senate reporting 
     provision and agrees that in addition to the Committees 
     specifically enumerated to receive the reports under this 
     Title, any report transmitted under the provisions of this 
     Title shall also be transmitted to the appropriate 
     Congressional Committees as provided for by under section 
     2(2) of the Homeland Security Act (6 U.S.C.Sec. 101).

                     TITLE XXIII--911 MODERNIZATION

     Section 2301. Short Title
       The Conference substitute provides that Title XXIII may be 
     cited as the ``911 Modernization Act.''
     Section 2302. Funding for Program
       There is no comparable House provision.
       Section 1702 of the Senate bill amends Section 3011 of 
     Public Law 109-171 (47 U.S.C. Sec. 309) to give borrowing 
     authority to the Assistant Secretary of the National 
     Telecommunications and Information Administration (NTIA) for 
     not more than $43,500,000 to implement the Enhance 911 Act of 
     2004 (Public Law 108-494). The Assistant Secretary must 
     reimburse the Treasury without interest once funds are 
     deposited into the Digital Television Transition and Public 
     Safety Fund.

[[Page 20755]]

       The Conference substitute adopts the Senate provision.
     Section 2303. NTIA Coordination of E-911 Implementation
       There is no comparable House provision.
       Section 1703 of the Senate bill amends Section 158(b)(4) of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. Sec.  942(b)(4)) 
     to require the Assistant Secretary and the Administrator of 
     the National Highway Safety Administration to issue 
     regulations that allow a portion of the Phase II 
     E-911 Implementation Grants to be prioritized for Public 
     Safety Answering Points (PSAPs) that were not capable of 
     receiving 911 calls on the date of the enactment of the 
     Enhanced 911 Act of 2004 (Public Law 108-494). These grants 
     will be used for the incremental cost of upgrading from Phase 
     I to Phase II compliance. Such grants are subject to all the 
     other requirements of this section, such as the fifty percent 
     matching funds requirement and the requirement to certify 
     that no portion of any E-911 charges imposed by an 
     applicant's State or taxing jurisdiction are being obligated 
     or expended for any purpose other than for which such charges 
     were designated.
       The Conference substitute adopts the Senate provision.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

     Section 2401. Quadrennial Homeland Security Review
       There is no comparable House provision. However, the House 
     passed a similar provision in H.R. 1684, the Department of 
     Homeland Security Authorization Act for Fiscal Year 2008, 
     which called for a Comprehensive Homeland Security Review at 
     the beginning of each new Presidential Administration.
       Section 1606 of the Senate bill included a provision to 
     conduct a Quadrennial Homeland Security Review, requiring the 
     Department of Homeland Security (the Department or DHS) to 
     conduct a comprehensive examination of the national homeland 
     security strategy.
       The Conference substitute adopts a compromise provision 
     which in several places clarifies the scope of the Review. It 
     requires the Secretary of Homeland Security (the Secretary) 
     to carry out the first Quadrennial Homeland Security Review 
     in Fiscal Year 2009, and every four years thereafter. The 
     Conferees believe that this review should take place in the 
     first year after a Presidential election, so that a new 
     Administration can act upon the results of the review or a 
     re-elected Administration can review its policies and 
     emerging threats and revise the review accordingly. This also 
     recognizes the time span during which a new President will 
     appoint and the Senate will confirm senior departmental 
     officials who will be responsible for this review. The 
     provision also requires the Secretary to consult with other 
     Federal agencies, key officials of the Department, and other 
     relevant governmental and non-governmental entities in 
     carrying out the review.
       The Conference substitute also describes the required 
     content of the review, including an update of the national 
     homeland security strategy, a prioritization of homeland 
     security mission areas, and the identification of a budget 
     plan for executing these missions. These review activities 
     are intended to strengthen the linkages between strategy and 
     execution at the Department of Homeland Security. The 
     Conference substitute requires the Secretary to submit to 
     Congress a report regarding the results of the Quadrennial 
     Homeland Security Review no later than December 31 of the 
     year in which a review is conducted, and also to make that 
     report public consistent with the protection of national 
     security and other sensitive matters. It also requires the 
     Department to begin in Fiscal Year 2007 and Fiscal Year 2008 
     to prepare to carry out this review, and to report to 
     Congress on these preparations.
       The Conference understands that the Administration already 
     has begun this process by including a request for designated 
     funding in the President's Fiscal Year 2008 request for the 
     Office of Policy to lead this initiative.
     Section 2402. Sense of the Congress Regarding the Prevention 
         of Radicalization Leading to Ideologically-Based Violence
       There is no comparable House provision.
       Section 1602 of the Senate bill includes extensive findings 
     concerning the threat of radicalization in the United States 
     as a component of the struggle against the transnational 
     ideological movement of Islamist extremism. This provision 
     also makes recommendations to the Secretary regarding 
     measures that can be taken to prevent radicalization and 
     concludes that the Secretary should work across the Federal 
     government and with State and local officials to make 
     countering radicalization a priority.
       The Conference substitute adopts the Senate provision with 
     changes. The changes include modifying the terms used to 
     describe radicalization so that it is clear that protected 
     behavior is not included. As a result, radicalization is 
     referred to as radicalization that leads to ideologically-
     based violence. Additionally, while the language is intended 
     to address the global struggle against violent extremism, the 
     language is broadened to include ideologically-based violence 
     from all sources.
     Section 2403. Requiring Reports To Be Submitted to Certain 
         Committees
       There is no comparable House provision.
       Section 1485 of the Senate bill contained a provision to 
     provide certain Senate Committees with reports required 
     elsewhere in the bill.
       The Conference substitute adopts part of the Senate 
     provision with updated references to certain reports.
     Section 2404. Demonstration Project
       There is no comparable House provision.
       Section 805 of the Senate bill requires the Secretary to 
     establish a demonstration project to conduct demonstrations 
     of security management systems.
       The Conference substitute adopts the Senate provision, 
     while modifying it so that it defines ``security management 
     system'' as a set of guidelines that address the security 
     assessment needs of critical infrastructure and key resources 
     that are consistent with a set of generally accepted 
     management standards ratified and adopted by a standards 
     making body.
     Section 2405. Under Secretary for Management of the 
         Department of Homeland Security
       There is no comparable House provision, as Members believe 
     that this issue would be best addressed as part of a 
     comprehensive homeland security authorization bill.
       Section 1601 of the Senate bill elevates the position of 
     Under Secretary for Management to a Deputy Secretary, adds 
     qualifications for the position, and gives this newly created 
     position a five-year term with removal only for performance 
     reasons.
       The Conference substitute adopts a modified version of the 
     Senate provision by enhancing the Under Secretary's authority 
     while maintaining the position at the Under Secretary level 
     without a fixed term. Specifically, the substitute designates 
     the Under Secretary for Management as the Chief Management 
     Officer and the Secretary's principal advisor on management-
     related matters. It also requires the Under Secretary to 
     facilitate strategic management planning, integration, 
     transformation, and transition and succession for the 
     Department.
       The Conference substitute requires the Under Secretary to 
     develop a transition and succession plan, and authorizes the 
     incumbent Under Secretary to remain in the position, after a 
     Presidential election, until a successor is confirmed in the 
     subsequent Administration. It also expresses the Sense of the 
     Congress that a newly-elected President should encourage the 
     incumbent Under Secretary to remain until a successor is 
     confirmed, to provide continuity during the transition. The 
     legislation also requires that the Under Secretary be 
     accountable for his or her performance--each year, the Under 
     Secretary must enter into a performance agreement with the 
     Secretary and be subject to an evaluation based on the same. 
     The substitute also enhances the President's ability to 
     attract qualified candidates, as it elevates the Under 
     Secretary for Management to Level II of the Executive 
     Schedule.
       Because the Department is newly formed, and in light of the 
     integration and management challenges it has faced to date, 
     the Conference is concerned about the impending transition 
     between Administrations and believes this transition should 
     be well-planned and smoothly implemented. The Conference 
     believes that this position requires a person with strong 
     management skills and a proven track record of success, and 
     this legislation requires the selection of a person with such 
     experience.

                                Earmarks

       Pursuant to House Rule XXI, clause 9(a)(4), the Committee 
     of Conference attaches a list of earmarks included in the 
     Conference Report to accompany H.R. 1, including a list of 
     Congressional earmarks, limited tax benefits, and limited 
     tariff benefits in the conference report or joint statement 
     (and the name of any Member, Delegate, Resident Commissioner, 
     or Senator who submitted a request to the House or Senate 
     Committees of jurisdiction for each respective item included 
     in such list) or a statement that the proposition contains no 
     Congressional earmarks, limited tax benefits, or limited 
     tariff benefits, as follows:

------------------------------------------------------------------------
            Section                     Earmark              Member
------------------------------------------------------------------------
Section 1204..................  National Disaster       Sen. Daniel K.
                                 Preparedness Training   Inouye
                                 Center, University of
                                 Hawaii.
                                Transportation          Sen. Wayne
                                 Technology Center,      Allard
                                 Inc..                  Sen. Ken Salazar
                                                        Rep. John T.
                                                         Salazar
                                                        Rep. Ed
                                                         Perlmutter

[[Page 20756]]

 
Section 1205..................  Connecticut             Sen. Christopher
                                 Transportation          J. Dodd
                                 Institute, University  Sen. Joseph I.
                                 of Connecticut.         Lieberman
                                National Transit        Sen. Robert
                                 Institute, Rutgers,     Menendez
                                 the State University   Sen. Frank R.
                                 of New Jersey.          Lautenberg
                                Mack-Blackwell          Sen. Mark L.
                                 National Rural          Pryor
                                 Transportation Study
                                 Center at the
                                 University of
                                 Arkansas.
                                Homeland Security       Sen. Charles E.
                                 Management Institute,   Shumer
                                 Long Island            Rep. Peter T.
                                 University.             King
                                Texas Southern          Rep. Al Green
                                 University in
                                 Houston, Texas.
                                Tougaloo College......  Rep. Bennie G.
                                                         Thompson
------------------------------------------------------------------------

     Bennie G. Thompson,
     Loretta Sanchez,
     Norman Dicks,
     Jane Harman,
     Nita M. Lowey,
     Sheila Jackson-Lee,
     Donna M. Christensen,
     Bob Etheridge,
     James R. Langevin,
     Henry Cuellar,
     Al Green,
     Ed Perlmutter,
     Peter T. King,
     Mark Souder,
     Tom Davis,
     Daniel E. Lungren,
     Michael T. McCaul,
     Charles W. Dent,
     Ike Skelton,
     John M. Spratt, Jr.,
     Jim Saxton,
     John D. Dingell,
     Edward J. Markey,
     Tom Lantos,
     Gary Ackerman,
     Ileana Ros-Lehtinen,
     John Conyers,
     Zoe Lofgren,
     Henry A. Waxman,
     Wm. Lacy Clay,
     Silvestre Reyes,
     Bud Cramer,
     Bart Gordon,
     David Wu,
     Peter A. DeFazio,
     John B. Larson,
                                Managers on the Part of the House.

     Joe Lieberman,
     Carl Levin,
     Daniel K. Akaka,
     Tom Carper,
     Mark Pryor,
     Chris Dodd,
     Daniel K. Inouye,
     Joe Biden,
     Managers on the Part of the Senate.

                          ____________________




     ELECTION OF MEMBER TO CERTAIN STANDING COMMITTEES OF THE HOUSE

  Mr. PUTNAM. Mr. Speaker, by direction of the Republican Conference, I 
offer a privileged resolution (H. Res. 566) and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 566

       Resolved, That the following member be, and is hereby, 
     elected to the following standing committees of the House of 
     Representatives:
       (1) Committee on homeland security.--Mr. Broun of Georgia.
       (2) Committee on science and technology.--Mr. Broun of 
     Georgia.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




APPOINTMENT OF MEMBERS TO BOARD OF VISITORS TO THE UNITED STATES COAST 
                             GUARD ACADEMY

  The SPEAKER pro tempore. Pursuant to 14 U.S.C. 194(a), and the order 
of the House of January 4, 2007, the Chair announces the Speaker's 
appointment of the following Members of the House to the Board of 
Visitors to the United States Coast Guard Academy:
  Mr. Courtney, Connecticut
  Mr. Shays, Connecticut

                          ____________________




    COMMUNICATION FROM CHAIRMAN OF COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

  The SPEAKER pro tempore laid before the House the following 
communication from the Honorable James L. Oberstar, Chairman, Committee 
on Transportation and Infrastructure:
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                    Washington, DC, July 25, 2007.
     Hon. Nancy Pelosi,
     Speaker of the House, The Capitol,
     Washington, DC.
       Dear Madam Speaker: Pursuant to section 194 of title 14, 
     United States Code, as Chairman of the Committee on 
     Transportation and Infrastructure, I am required to designate 
     three Members of the United States Coast Guard Academy Board 
     of Visitors. I designate Representative Michael H. Michaud 
     (Maine), Representative Mazie K. Hirono (Hawaii), and Ranking 
     Member John L. Mica (Florida) to serve on the Board of 
     Visitors.
       Since its founding in 1876, the Coast Guard Academy, based 
     in New London, Connecticut has accomplished its mission of 
     ``educating, training and developing leaders of character who 
     are ethically, intellectually, professionally, and physically 
     prepared to serve their country.'' The Board of Visitors 
     meets annually with staff, faculty and cadets to review the 
     Academy's programs, curricula, and facilities and to assess 
     future needs. The Board of Visitors plays an important 
     supervisory role in ensuring the continued success of the 
     Academy and the tradition of excellence of the U.S. Coast 
     Guard.
       Thank you for your consideration in this matter.
           Sincerely,
                                                James L. Oberstar,
     Chairman.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, and under a previous order of the House, the 
following Members will be recognized for 5 minutes each.

                          ____________________




 HONORING THE 1ST BATTALION OF THE 133RD INFANTRY OF THE IOWA NATIONAL 
                                 GUARD

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Iowa (Mr. Braley) is recognized for 5 minutes.
  Mr. BRALEY of Iowa. Mr. Speaker, I rise today to welcome the members 
of the 1st Battalion of the 133rd Infantry of the Iowa National Guard 
home to Iowa after a lengthy deployment in Iraq, and to honor and thank 
them for their service there.
  Today was a momentous day in Iowa as the members of the 1-133rd, 
known as the ``Ironman Battalion,'' were reunited with their friends, 
family, and loved ones at a homecoming ceremony in Waterloo. This day 
of reunion and celebration has been anxiously awaited in Iowa since the 
battalion left for Iraq last year. An overflow crowd of thousands 
packed Riverfront Stadium to welcome the hundreds of men and women 
home. As they drove the final miles from Ft. McCoy in Wisconsin, Iowans 
lined the road to wave at the 1-133rd.
  Sadly, today was also made bittersweet by the absence of two members, 
Sergeant 1st Class Scott Nisely and Sergeant Kampha Sourivong, who were 
tragically killed during combat operations in Iraq in September 2006.
  It is impossible for those who have not served in Iraq to fully 
understand the experiences of the 1-133rd, or to comprehend the 
sacrifices that they and their families have made on behalf of our 
country. However, I am glad that the Memorial Day special edition of 
``60 Minutes'' gave Americans a small glimpse of the challenges that 
members of the 1-133rd and their families have faced throughout their 
long deployment, and more importantly into their incredible 
perseverance.
  Iowans who watched the ``60 Minutes'' special featuring the 1-133rd 
saw the story of their friends, neighbors and loved ones who chose to 
serve and sacrifice when their country called them. We saw the daily 
danger faced by the 1-133rd in Iraq as they helped deliver fuel to 
coalition forces. We saw their families missing them and adjusting back 
home. We saw the hardship and heartache that was experienced by the 
members and their families when they received the news that their tour 
of duty was to be extended from April until this summer. And we saw the 
lives of our fellow Iowans cut tragically short.

[[Page 20757]]

  For me, the program also reinforced what I had already learned about 
the members of the 1-133rd from my frequent communications with their 
commanding officer, Lieutenant Colonel Ben Corell, that they are men 
and women of great strength and character who selflessly and bravely 
put their lives on the line every day for their country in Iraq.
  The contributions of the 1-133rd have indeed been crucial to the U.S. 
mission in Iraq. Throughout their tour of duty in the al Anbar 
province, one of the most dangerous parts of the country, the 1-133rd 
detained over 60 insurgents. They completed over 500 missions providing 
security for convoys, and logged in over 4 million mission miles. They 
have delivered over one-third of the fuel needed to sustain coalition 
forces in Iraq.
  I hope that it gives members and families of the 1-133rd pride to 
reflect upon their accomplishments and to know that they are part of 
the longest-serving Iowa military unit since World War II, and part of 
the Army National Guard unit which has served the longest continuous 
deployment of any National Guard unit in support of Operation Iraqi 
Freedom. They have made me and so many others proud through their work 
and their sacrifices in Iraq, and I am incredibly privileged to 
represent them in the United States Congress.
  I believe that the entire country should commend and thank these 
members and the families of the 1st Battalion, 133rd Infantry of the 
Iowa National Guard for their contributions to the U.S. mission in 
Iraq. That is why today I introduced a resolution in the House to honor 
and thank them for their service and sacrifices there. The strong 
bipartisan support this resolution has from 70 original cosponsors, 
including the entire Iowa congressional delegation, demonstrates the 
pride and gratitude that Americans feel toward our men and women 
serving in uniform.
  I look forward to the swift passage of this resolution in the House 
of Representatives, and I hope that it comes to serve as a genuine 
expression of thanks from a grateful State and a grateful Nation.
  We will be forever indebted to the members and families of the 1-
133rd for their service and sacrifice. Again, I would like to commend 
and thank this incredible battalion for their work, and join their 
families, friends and neighbors in welcoming them home.

                          ____________________




                              {time}  2300
              HONORING THE LIFE OF PFC. BRANDON KEITH BOBB

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE. Mr. Speaker, Winston Churchill said that, ``We are masters 
of our fate, the task which has been set before us is not above our 
strength; that its pangs and toils are not beyond our endurance. As 
long as we have faith in our own cause and an unconquerable will to 
win, victory will never be denied us.''
  Army PFC Brandon Keith Bobb believed in these words. He believed in 
the mission of Operation Iraqi Freedom. He believed in freedom and 
liberation from tyranny and terrorism.
  Private First Class Bobb was born and raised in Port Arthur, Texas, a 
small town in southeast Texas that I represent. He attended Memorial 
High School and was a member of the track and field team. His high 
school coach remembers a young man who exhibited leadership as a high 
school student. His fellow students looked up to him and followed his 
examples.
  Private First Class Bobb did not get the opportunity to graduate from 
Memorial High School because of Hurricane Rita. Hurricane Rita reared 
her vicious head and forced Bobb and his family to evacuate southeast 
Texas, and they relocated in Florida. He finished high school there.
  He did not always want to be in the United States Army. It was in 
Riverview that he decided his career path in life, to become a chef. 
So, after high school, Bobb enrolled in the Orlando Culinary Academy. 
However, he quickly decided that this career choice was really not for 
him, and he decided that he wanted to belong in the United States Army. 
He knew the United States was at war in action and Iraq, but he 
enlisted in the Army because he knew it was his duty.
  As private first class in the Army, Bobb became a military police 
officer in the 401st Military Police Company, 92nd Military Police 
Battalion, 89th Military Police Brigade stationed at Ft. Hood, Texas.
  He enjoyed being a military police officer, maintaining law and order 
on the Army base. According to Private Bobb, he said, ``As of now, 
being a military police officer is the best job in the world.''
  He was a man of many friends, especially among his brothers in arms 
in the United States Army. Those who knew him knew a young man that had 
an easy going personality and a positive outlook on life. He was always 
cheerful and was a soldier that others looked to for support and to 
lend a helping hand. He was always thinking of others, according to his 
friends.
  He knew he was lucky in life, and he admitted on his personnel 
Myspace page that he hadn't always followed the straight and narrow 
path and had engaged in potentially dangerous activity growing up. But 
he was confident that that part of his life was behind him, and 
regardless of how tough he thought he was then, he knew in his heart 
that he was a real soldier in the Army.
  Private First Class Bobb continued and said, The United States Army 
is where the real tough men are at, my drill sergeants, my battle 
buddies, my commanders, and first sergeants that stand ready to die for 
the rest of us every day.
  Private First Class Bobb was deployed to Iraq in 2006 and was proud 
to go over to the vast desert sands of Iraq and defend freedom for the 
Iraqi people and represent the United States. He believed in his heart 
what he was doing was right.
  But on July 17, a week ago, Private First Class Bobb was traveling in 
a military Humvee in the Iraqi capital of Baghdad when a bomb detonated 
near the vehicle. The bomb killed Pfc. Brandon Bobb and two of his 
fellow soldiers. He was 20 years old. He was due home from duty on July 
26. That would have been tomorrow, one week after he gave his life for 
his country.
  This is a recent photograph taken of Private First Class Bobb. This 
past Monday, this southeast Texas warrior, this son of Texas, came back 
to his beloved hometown. The citizens of Port Arthur turned out and 
honored him with a patriot's welcome. A water-made rainbow arch greeted 
the plane that carried the fallen soldier as hundreds of individuals 
from the town waving American flags lined the streets to pay final 
respects. Mr. Speaker, that's what people do in southeast Texas when 
our heroes come home.
  A lieutenant in the United States Marine Corps, in a recent letter 
from Iraq, described what it meant to be an American warrior. He said, 
``Our highest calling: to defend our way of life and Western 
civilization; fight for the freedom of others; protect our family, 
friends, and country; and give hope to a people long without it.''
  Pfc. Brandon Bobb was that American warrior. He embodied what it 
meant to serve one's country with duty and honor, to put others above 
himself, and to defend the freedom of all Nations.
  We are a grateful Nation for the sacrifice of Pfc. Brandon Bobb. Our 
hearts and prayers are with his family and his Army buddies.
  Mr. Speaker, our young people who go to the valley of the gun and the 
desert of the sun are relentless, remarkable characters. They go where 
others fear to tread and where the faint-hearted are not found. These 
warriors represent the best of our Nation. They are the sons of liberty 
and the daughters of democracy. These few, these noble few are American 
warriors who take care of the rest of us.
  And that's just the way it is.

[[Page 20758]]



                          ____________________




                 IT'S UP TO CONGRESS TO TAKE THE WHEEL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Mr. Speaker, the President is famous for saying that he 
is the decider, but earlier this week we found out that when it comes 
to Iraq the American people want Congress to be the decider.
  A poll conducted by ABC News and the Washington Post found that 62 
percent of the American people say that Congress, and not the White 
House, should have the final word as to when to bring our troops home. 
The poll also found that 78 percent of the American people believe that 
the President is not willing enough to change course in Iraq. Nearly 60 
percent favor withdrawal of our troops, and nearly two-thirds believe 
that the troop surge will not make things better.
  And perhaps the saddest thing of all about this, Mr. Speaker, is that 
the great majority of Americans who have served in Iraq, or who have 
had a close friend or relative serve there, disapprove of the way the 
occupation has been handled.
  These findings represent a complete repudiation of the President's 
policies and leadership, but it also poses a great challenge to Members 
of Congress. The American people are looking for us to lead. But so 
far, we've let them down. We haven't done what the American people sent 
here us here to do: end the occupation and bring the troops home.
  Yes, it's true that this House voted earlier this month to begin 
withdrawing our troops within 120 days. That was an important step 
forward, but it doesn't force the President's hand because there aren't 
enough votes in this House, yet, to make the bill veto-proof.
  I know that my colleagues across the aisle are waiting for General 
Petraeus to issue his report of the surge in September before they 
decide what to do about Iraq, but I don't know why we're waiting for a 
report when the report that really matters has already been issued, the 
National Intelligence Estimate, which we received last week.
  It showed beyond a shadow of a doubt that al Qaeda is the greatest 
threat to America, and it is operating out of Pakistan, not Iraq. By 
getting caught in the crossfire of a civil war in Iraq, we have been 
fighting the wrong enemy in the wrong place at the wrong time.
  But despite all logic, the administration keeps digging us in even 
deeper. The press is reporting today that the American command in Iraq 
has developed a new plan that will keep us fighting and dying there for 
years more, and at least 2 years more.
  This is the worst possible action to take, Mr. Speaker, because it 
sends the message that our involvement is open-ended. It says to the 
Iraqi government, you don't have to lift a finger to take 
responsibility for your country's security because Americans will do 
the job for you.
  Six-and-a-half years later, this administration has pursued an 
arrogant, go-it-alone foreign policy. It told our allies and the rest 
of the world to get lost. So it's not surprising that it wants Congress 
to get lost, too.
  But we are a coequal branch. We have a clear mandate from the 
American people. The American people are telling us, the President is 
driving us over the cliff. So it's up to the Congress to take the 
wheel.
  Our duty is clear, Mr. Speaker. We must act now to put our country 
and the world on a better and safer course. We must bring our troops 
home.

                          ____________________




                              {time}  2315
                      CHAMP ACT AND DENTAL HEALTH

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Maryland (Mr. Cummings) is recognized for 5 minutes.
  Mr. CUMMINGS. Mr. Speaker, I rise today to express my strong support 
for the Children's Health Medicare Protection Act, entitled CHAMP, of 
2007, which makes great strides in improving our Nation's health care 
system.
  It chills the conscience to think that approximately 9 million 
children are currently without health insurance. An estimated 18,000 
Americans died last year because they did not have access to health 
care, many of them sadly were children.
  There can be no justice until all of our children, our most valuable 
resource, are granted access to the most technologically advanced 
system in the world.
  Individuals travel from every corner of the globe to access our high-
quality health care. Yet, we cannot seem to provide care to the 
individuals in our own backyard.
  The CHAMP Act would begin to begin to change that injustice, 
committing $50 billion to reauthorize and improve the State Children's 
Health Insurance Program, our Nation's health care safety net for low-
income, uninsured children.
  The Act does not expand the SCHIP benefit to wealthy children or 
adults, as some would argue. It merely provides benefits to the same 
low-income children who we originally intended to cover.
  Most of the 9 million children who are currently uninsured are 
eligible for Medicaid or SCHIP, but do not receive the benefits because 
of enrollment barriers and underfunding.
  The CHAMP Act will lift the barriers and raise the funding so we can 
get our children the care they so desperately need.
  It is with great enthusiasm that I support this landmark legislation. 
I am pleased that my colleagues have been able to rise above the 
political rhetoric to develop legislation that will have a significant 
impact for our Nation's most vulnerable children. I am also pleased 
that my chairman shares my commitment to improving children's access to 
dental care. The chairman recognizes, as I do, that oral health is an 
overall component of overall health, and we cannot afford to ignore the 
dental health needs of our children.
  I applaud efforts to include a dental benefits package and dental 
quality assurance methods in the CHAMP Act. I also want to thank the 
chairman and of my fellow colleagues from Maryland, including 
Congressman Albert Wynn, for their support of two initiatives that I 
had promoted to increase children's access to dental care under this 
legislation.
  The first would allow federally qualified health centers to contract 
with private-practice dentists, significantly enhancing our Nation's 
dental safety net. The second one requires the Secretary of Health and 
Human Services to provide educational materials to new mothers on the 
importance of oral health and the services available to their children, 
with the goal of stopping dental disease before it even starts. Both 
initiatives will cost little or nothing, while yielding excellent 
results for our children.
  Congressman Wynn and I know the importance of protecting our children 
from dental disease. It was a short 5 months ago that a 12-year-old 
Maryland boy died when an untreated tooth infection spread to his 
brain. Forty dollars worth of dental care might have saved his life, 
but he never got that opportunity.
  As I have said before, Deamonte Driver's case was rare and extreme, 
but he was by no means alone in his suffering. Dental disease is the 
single most common chronic disease in this country, and it is 
preventable.
  Finally, all it takes on our part is the will to protect our 
children. I am pleased that so many Members of Congress have 
demonstrated this will, and I encourage all my colleagues to support 
the vitally important CHAMP Act.

                          ____________________




                    FIGHTING CRIME AND HELPING WOMEN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, today we have had under 
consideration the Commerce, Justice and Science appropriations 
legislation, which has a far-reaching impact on a number of issues that 
America and Americans are facing today. All over

[[Page 20759]]

America we have seen statistics for crime going up, major cities being 
impacted, and particularly seeing the numbers of law enforcement 
officers stretched to the ultimate. In fact, in my own City of Houston, 
big billboards say, Dallas, bonus for police officers who will relocate 
to Dallas.
  At the same time, Houston is seeing a sizeable drop in the law 
enforcement officers that are able to patrol the street, losing almost 
1,000 to 1,200. More funding is needed. That is why I applaud today the 
increased funding and the refunding for Community Oriented Policing 
Services, $725 million, $693 million over the President's request and 
$183 million above 2007.
  Frankly, we had eliminated, under this administration and the past 
Congress, the Community Oriented Policing process. I know it firsthand, 
because our former chief of police and former mayor of the City of 
Houston could be considered the father of community-oriented policing; 
that is chief, former mayor, Lee P. Brown. We saw the results of such a 
program when police persons knew the neighborhood; they knew the good 
guys and the bad guys.
  It was a mistake, a wrong-headed mistake, for this administration to 
drastically cut the cops-on-the-beat program. It works. It works for 
hamlets in rural areas. It works for big cities and middle-sized cities 
and small cities. I am glad this bill focuses on restoring to the 
American public the law enforcement it needs. I hope as we move to the 
other body and build this bill, that the President will sign increased 
funding for more officers who know the community and can enforce the 
law.
  We need to bring the crime statistics down and help to save lives. 
Hijacking and carjacking of cars, busting into homes, drug running is 
taking over our communities because of the lack of law enforcement that 
know the community and are able to be trusted by the community.
  Let me also note the fact that we have funded, in addition to the 
amendments passed today, the Women Against Violence Act and the Office 
of Violence Against Women Act. I was very pleased, as a member of the 
Judiciary Committee, to be one of those who helped reauthorize the VAWA 
Act, which now is being funded over these years.
  It is crucial that, in addition to providing for a Violence Against 
Women program to the United States, that we also include protecting 
immigrant women who sometimes are left destitute because their 
immigrant husband is abusing them, and they then become unstatus 
because the husband has left them. This is a very important program as 
well.
  Let me cite the Office of Juvenile Justice and Delinquency 
Prevention, $400 million, $62 million above 2007. It speaks to some of 
the crises that we are facing in the juvenile justice system. It is a 
wrong-headed system, more incarceration than rehabilitation. We need to 
direct these funds to do more rehabilitation and to be able to steer 
our children in the right direction.
  It is more than important as well, as we fund the Federal Bureau of 
Prisons, that we study the question of the early release program for 
nonviolent prisoners. I hope to offer such an amendment. Our prisons 
are overcrowded. We have the largest number of incarcerated persons, 
but it is well known that because of the mandatory sentencing, we have 
individuals who are, in fact, incarcerated who can be released. Let us 
find a pathway to studying the early release of prisoners in the 
Federal system, and I am looking forward to putting such an amendment 
forward.
  As a strong proponent of the National Foundation for Science, science 
research, aeronautics, space exploration, under the National 
Aeronautics and Space Administration, I thank the chairman, Chairman 
Mollohan, for funding those programs in a balanced manner. It may not 
be all that we want, but I am very glad to see exploration of $3.9 
billion, $467 million over 2007 and the same as the President's 
request, has been funded.
  Let me say that one of the issues that should be included, however, 
if we go to space, we need to be safe. My legislation dealing with the 
international space station and a safety commission needs to be 
reemphasized, and I will have an amendment to that extent.
  Might I also say that it is very important, as we look at a number of 
issues around America, including law enforcement, that we provide 
interoperable equipment for our workers who are dealing with the 
public.
  In Houston it is a tragedy that the bus workers that work for the 
metro system don't have communication devices that they drive the buses 
around our city. I am hoping to offer an amendment that will emphasize 
that.
  This is important legislation that we are moving forward, including 
support for the legal services. I look forward to debating this bill 
and supporting it as we help America and help the American people.

                          ____________________




                       30-SOMETHING WORKING GROUP

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Florida (Mr. Meek) is recognized 
for half the time remaining until midnight as the designee of the 
majority leader.
  Mr. MEEK of Florida. Mr. Speaker, it's an honor to come before the 
House once again. I think it's very important to know that we have half 
a week and next week to complete the people's business. We have a lot 
that we are working on right now in the United States, also; 
legislation to redeploy our troops in Iraq, passing a farm bill that 
would help America move forward, to continue to have legislation that 
has already passed this House in the Six in '06 plan that we put forth 
in the first 100 hours of this Congress, getting it through the 
process. We celebrate this week, just yesterday, I believe, the 
increase that started with the minimum wage across the country. 
Americans have a lot to be proud of with this new direction of 
Congress.
  As you know, in any democracy, it has to be a bipartisan spirit to 
get the job done on behalf of the American people. We are trying to do 
that in the best way possible.
  Our friends on the other side of the aisle, on the Republican side of 
the aisle, in many cases are stutter-stepping and slowing down the 
process, but it's very, very important that their voice is heard in 
this Chamber. I think the days upon days and the hundreds of amendments 
that have been offered here on the floor and that have been voted on is 
evident of how this Democratically controlled House has allowed the 
minority party to be able to have access that only they could celebrate 
in the 110th Congress, which we weren't able to celebrate under the 
109th Congress.
  I also want to point out the fact that we have passed over 40-
something major legislation where we have had bipartisan support, and I 
think that's important.
  One issue I want to talk about tonight, since our time is limited, of 
the amount of dollars that we are spending in Iraq as we continue to 
try to redeploy our troops. We know the September 15 date is coming up, 
the second report of progress, or a lack thereof, in Iraq will be due. 
Members of the House are going to have to vote on the defense 
appropriations bill shortly thereafter that will set the tone for the 
remainder of the fiscal year.
  As you know, we passed off this floor on a bipartisan vote continuing 
an emergency supplemental that would allow 3\1/2\ months of funding for 
the war in Iraq with MRAP tanks and other equipment that the troops 
needed.
  I think Members had voted in the affirmative, Members had voted 
against it, both were courageous votes. I think it's time to move in a 
direction of policy. No permanent bases, I understand, will be coming 
up on the floor. We also have other legislation calling for the 
withdrawal of U.S. troops by a certain date. I think that's also 
important and very courageous. I think the debate that is going on in 
the Senate and the House, led by Democrats, are going to help us as we 
move towards the September 15 date.
  As you know, and the Members know, I speak quite often on leaving 
politics behind and putting good policy forward, making sure that we 
don't act as

[[Page 20760]]

Democrats and Republicans politically, I will say that again, rather 
than representing the American people. The American people are way 
ahead of us on this issue of Iraq.
  I think it's important as we continue to share the information as we 
get in. This came from the Congressional Research Service. The cost of 
the war in Iraq is rising per year. You see the number in the billions, 
$120 billion per year, per month; $10 billion per week. We are looking 
at looking at $2.3 billion a day. We are looking at $329,000, we are 
looking at, per hour, as you see it relates per hour; the $13 million. 
I think it's important to look at per minute, $228,938 that's there in 
the thousands, and then we have $3,816 per second. I think it's 
important.
  I think it's also important we look at those numbers, the cost per 
year, we look at the billions. We are looking at $120 billion per year. 
That can actually pay for 4.7 million EMTs and paramedics. When you 
look at it for a monthly cost at $10 billion, which we are spending in 
Iraq, you can actually provide EMTs or paramedics for your local 
community or for the Nation, 395,000.
  When you look at the per-week cost, $2.3 billion, 91,000 EMTs and 
paramedics could be provided for local cities and counties and 
parishes; per day, at $329 million, 13,000; and per hour, $13.7 million 
that's spent that could actually fund 543 new EMTs. I think it's 
important, especially for those cities that are struggling and those 
counties that are struggling and States that are struggling on this 
very issue of how they are going to provide emergency service in their 
local community.
  If you look at the cost of the war, could enroll more kids in Head 
Start. I think it's important for us to look at the $120 billion, 16.7 
million kids can go into Head Start; per month at $10 billion, 1.7 
million kids could go into Head Start; per week, $2.3 billion that's 
being spent in Iraq, 320,000 kids could actually be enrolled in Head 
Start where we have a shortage of funding and every kid can't receive 
Head Start opportunities where kids can start early and be healthy, and 
parents can have kids that will be prosperous educationally.

                              {time}  2330

  Per day, look at $329 million; 46,000 kids could benefit. And the 
per-hour cost that we are spending in Iraq at 13.7, 2,000 kids could be 
enrolled in the Head Start program.
  As we start talking about health care insurance for children, I am 
just looking at these numbers as a member of the Ways and Means 
Committee and I am just thinking of how many kids we can actually do 
good things for and Americans. We just pulled a few of these things.
  The cost of Iraq could send more Americans to college. You know the 
numbers by now. As you know, this is the year number at $120 billion, 
and the per-month is $10 billion, the per-week is $2.3 billion, per-day 
is $329 million, and per-hour at $13.7 million.
  But look at this side, on the far side here, Mr. Speaker and Members, 
the numbers of students that could be helped: 21 million students in 
the one year that we spend there. So this means 21 million young people 
would have an opportunity to go to college, that is amazing, for what 
we are spending in Iraq right now; 1.7 million students per month can 
receive an education in the United States and make us competitive, not 
States competitive with other States, but this country competitive with 
other countries.
  I think it is also important if we can tie this chart in with that. I 
think it is also important that 395,000 students can be funded within a 
week of what we spend. I just know that financial aid officers at 
universities and at community colleges and at technical centers 
throughout the country are saying, wow, look at that number; 56,000 
students could be funded per day. 56,000. Think about the kids that are 
paying student loans back that are having to go out and scratch and 
beg, and people that are punched in right now and grandparents and 
parents that have picked up an extra job to put their kids through 
school looking at these numbers as relates to this endless war, as the 
President sees it, in Iraq, we could actually help. And this is almost 
sad when it comes down to per hour. With the $13.7 million that is 
being spent in Iraq per hour, 2,000 students could actually receive an 
education.
  I am going to break out from the charts and the numbers. But if you 
look at the foreign-owned debt and you start looking at countries like 
Japan that are holding a great number of our debt at the 644-plus 
million dollars, I think it is important. We owe Japan this money, we 
owe China money, we owe the U.K. money, we owe OPEC countries money 
because of the mismanagement of the Bush administration and the former 
rubber-stamp Republican Congress. Our kids, our young people, our 
country have to compete economically, have to compete as it relates to 
the level of education so that we can have a workforce that is better 
than the countries that we have borrowed money from, and I am not proud 
of that at all.
  Just to tie in that chart, and I will get back to that Iraq issue, 
this is what is happening here. You have seen this chart before. We 
have updated this chart. Since President Bush has been in office, it 
has doubled the foreign-held debt.
  It took 42 Presidents 224 years to build up $1 trillion in foreign-
held debt. If you look, you have the pictures of the Presidents here, 
we are talking World War I, World War II, the Great Depression, you 
name it, a number of other wars that took place, the Civil War, and all 
of the conflicts that took place, and the hard financial times that the 
United States has gone through, these 42 Presidents combined, $1.01 
trillion. President Bush was elected, had a rubber-stamp Republican 
Congress, and they borrowed within 6 years, we are saying 6 years, more 
than 224 years of history and other financial challenges of the 
country, $1.19 trillion. We are moving, Mr. Speaker, into a pay-as-you-
go effort to be able to knock that down, and we are passing budgets 
that will get us back into.
  Back to the cost of Iraq. And me being a former State trooper, Mr. 
Speaker and Members, I think this is important. Look, we know by now 
and we can see because I have said it about five times, the per-year, 
the per-month, the per-day, and the per-hour costs of the war in Iraq.
  The per year at $120 billion, we can actually hire in this country 
2.6 million police officers that could be community police officers to 
prevent crime, that could be officers that can enforce the law in high-
crime areas, officers that can go out and do the things that they need 
to do to make this country safer. In one month that it costs us in 
Iraq, 221,000 officers could be hired. In one week in Iraq, 51,000 
officers.
  I am talking about folks that are in local communities that are 
literally under lockdown in urban and rural areas in the United States 
that are trying to protect their families and maybe have one or two 
State troopers in an entire county or State police officer in a parish 
or in an urban area. I represent down in Miami where you can go for a 
little while before you see a law enforcement officer. And to learn in 
one day that you can hire 7,000 police officers that it costs in Iraq, 
for the lack of the COPS bill that has been destroyed under the Bush 
administration and the past Republican Congress, that we are pushing in 
our past appropriations bills that we have passed thus far to rekindle 
that program so that we can have community policing, something that 
sheriffs, something that city police chiefs, something that local 
communities enjoy, because they prevent crime before it happens. And 
the per-hour cost, $3.7 million in Iraq per hour, could fund 304 police 
officers.
  Now, Mr. Speaker, it takes a lot of courage, it takes a lot of 
backbone to come to this floor to make sure that we do what the 
American people have asked us to do in making sure that we provide 
opportunities for local communities to fund the necessary needs that 
they have.
  Mr. Speaker, I yield to the distinguished Member from Florida (Mr. 
Hastings).
  Mr. HASTINGS of Florida. Mr. Speaker, continuing along the lines of

[[Page 20761]]

what Congressman Meek has been speaking about, I sat behind him and he 
did not know that I was there. I thought that it would be helpful if I 
would join my very good friend, who is a member of the 30-somethings, 
and have him know that those of us that are the over 30-somethings have 
the exact same sentiments as it pertains to the circumstances as exist 
in our respective communities because of the Iraq war.
  Representative Meek, I wish to just bring to the table one example. I 
won't use the many in the congressional district that I am privileged 
to represent which abuts your district, and we have overlapping 
circumstances in a variety of our communities in South Broward and 
North Dade, and in this case I am going to carry it way west to the 
Everglades.
  For the last 7 years, I have been about the business of trying to get 
a water treatment plant in Belle Glade, Florida for the people of Belle 
Glade, South Bay, Pahokee, and that general area. I won't even talk 
about the hospital; I won't even talk about the police that you have 
already talked about that we have tried to get. And so I thought, well, 
certainly now that we have political circumstances that are favorable 
to the majority, that it would be very easy to get a water treatment 
plant.
  Now, you and I know this: we know that in Iraq we have paid for water 
treatment facilities that have been blown up. We know that we have paid 
for sewers that the materials were stolen. And we know that we are 
building an embassy, I guess we are building an embassy, at more money 
that I can ever contemplate that must have a big bull's eye on it, but 
we are not sure who is building it. We know about no-bid contracts. We 
know about millions of dollars being poured into this situation while 
our communities are suffering. Now, something is wrong with this 
picture.
  I heard you loud and clear regarding the extraordinary debt. And I 
don't mean to take much of your time, I came down here to file this 
bill, but I could not resist. And I yield back to my very good friend 
from Florida.
  Mr. MEEK of Florida. Congressman Hastings, I am so glad that you did 
come down and that you did share your sentiments. And you are right, 
the point that we are trying to make here is that we are going to have 
to bring an end to this war as we see it now.
  Mr. Speaker, I think it is also important for all of the Members on 
both sides of the aisle to realize that, especially under the pay-as-
you-go philosophy that we have adopted as the House in the majority and 
the Senate has adopted, that things are going to be hard back home as 
it relates to getting Federal appropriations back to our districts.
  There is really no need for us to be here if we can't bring resources 
back, if we can't represent the people that woke up early one Tuesday 
morning for representation to provide not only voice here in Congress 
but also action. And without money, it is hard to bring about that kind 
of action.
  I think it is also, Mr. Speaker, very important that Members do note 
that many of the U.S. Governors, and I am not just talking about 
Democratic Governors, mainly Republican Governors, that have raised the 
issue with the Federal commitment to the States, the devolution of 
taxation that has been taking place over the last 6 years, especially 
under the Bush administration.
  I just want to break that down a little further where taxes, quote/
unquote, have been cut here for the very wealthy here in Washington 
prior to the Democratic Congress getting here, and that responsibility 
with the lack of funding, Leave No Child Left Behind. I am not cutting 
the student loan rates in half, which we have already passed in our Six 
in '06 budget. But in the Republican Congress, those States had the 
balance. Here, under the 109th, under the Republican Congress, they 
could continue to raise that foreign-held debt that I talked about. 
They could just say, well, let's just put it on a credit card and leave 
it for the next generation and this generation to pay for it. But we 
decided here, in the Democratic leadership and society, that we are 
going to move in a responsible way and not leaning on the backs of our 
children and our families that exist now as we compete against other 
countries, not only in the area of technology, but also in the area of 
financial strength.
  And I think that the posture that we are in now, Mr. Speaker, of what 
I showed on that chart on foreign-held debt, this chart illustrates the 
posture that we are in right now: $1.19 trillion. And these are not my 
numbers; these are the numbers from the U.S. Treasury. So this is not 
something that I sat down my staff and said, Let's see what looks good 
or sounds good, because we know as the 30-something Working Group that 
I would like to add my colleague here Mr. Hastings that I am a part of 
the ``something'' of the 30-something. But I think it is important for 
us to point at that and take note to it.
  Now, if you are a conservative Democrat, Republican, Independent, you 
have to have issue with fiscal irresponsibility. If you are someone 
that feels very strongly as it relates to the supporting of the troops, 
I think it is important that you pay very close attention to the amount 
of money that is being spent in Iraq with the lack of accountability, 
only now that the Congress started holding hearings under the 
Democratic-controlled House, holding hearings to check the issues and 
the questions of the no-bid contracts, the lack of oversight over the 
years. There are a number of things that are coming to light now, Mr. 
Speaker, because the committees are having committee hearings, 
subcommittees are having hearings asking the tough questions, let's 
just say questions in general about the war in Iraq.
  I don't want to be in a position, Mr. Speaker, to say, I told you so. 
I want to be in the position to say that we were able to prevent the 
taxpayer dollar from being spent in an irresponsible way. There are a 
number of things that have taken place. I am looking forward, Mr. 
Speaker and Members, going to Iraq in the next 6 weeks prior to the 
September 15 report to bring about my own assessment of what is going 
on there on the ground.
  Mr. Speaker, I went in my district to the Federal Reserve Unit of the 
Combat Engineer Unit 841 that is actually being deployed into Iraq and 
will be there at the time that I visit Iraq. My talk with them, Mr. 
Speaker, was that I hope that this would be their last deployment to 
Iraq, and something that we need to hold close to us.

                              {time}  2345

  And now, Mr. Speaker, I want to point this out because when I talk 
about a bipartisan approach, I want to make sure that we talk fact not 
fiction here on the floor, and I don't want in any way to paint some 
sort of butterscotch cloud world.
  But I think it's important that we take issue with the fact that this 
House and the Senate passed legislation that had benchmarks in it, 
legislation that had redeployment dates in it, legislation that had an 
end date for combat troops to patrol the streets of Iraq and other 
areas, and leaving that responsibility up to the Iraqi Government.
  I'm mentioning combat troops because I think it's important that we 
pay very close attention to it. Right now, as we speak, Mr. Speaker, 
there are troops right now, marines, soldiers, other branches of the 
armed services that are going through door-to-door checks, not only in 
Baghdad but throughout Iraq on behalf of the safety of the people of 
those towns or province or what have you.
  And every door we kick in, Mr. Speaker, because, as you hear, the 
President doesn't speak of coalition anymore because the coalition is 
gone. The coalition, in their own way, as small as the coalition was, 
found a way to start redeploying their troops out of combat into the 
periphery that we speak of so much to provide support where their 
troops will not be in harm's way, where their money commitment will not 
be at the level of our money commitment of the numbers that I called 
off a little earlier. And I

[[Page 20762]]

think that is very, very important for us to pay very close attention 
to that.
  Mr. Speaker, I think it's important to note that when this House 
acted, and we passed legislation, and the Senate acted and they passed 
legislation in a bipartisan way, before that bill could even get bound 
to take to the White House, the President called some of our Republican 
colleagues down to the White House. They had a lunch and they came out 
of the White House. And it's not one Democrat in this picture here, and 
said that we're going to make sure that the President is able to 
withstand an override of his veto by the Congress.
  Now, I'm not judging Members for going down to the White House and 
saying that. But I just want to make sure, because I believe that a 
number of Members have gone back to their districts and, you know, I'm 
not trying to call any names or party affiliation, but I'm just telling 
you, not one Democrat went down to the White House to stand with the 
President on his troop escalation plan.
  But I think the November election was all about a new direction. And 
there's a difference between making sure that the men and women have 
what they need while they're in harm's way. There's a difference when 
it comes down to the fact that we here in the Congress have to put 
forth policy and parameters on the taxpayer dollars to make sure that 
it's being spent appropriately.
  You heard Mr. Hastings, who's a member of the Intelligence Committee, 
also is involved in many of the European talks and is a leader in one 
of the largest parliamentary councils in Europe that were a part of the 
coalition that made his statements about what we know and why we're not 
bringing about the accountability that's needed.
  I hold this picture up because I want to discourage Members from 
going to the White House on behalf of party. And I think it's important 
that we look at it from that standpoint. As I come in for a closing, 
Mr. Speaker, as we proceed over the next week and a half, we're going 
to spend many hours here on this floor. We're going to have a number of 
amendments. Tomorrow, as we mark up and start to put together the 
Children's Health Insurance Plan in the Ways and Means Committee, there 
will be a number of amendments, as we start looking at the Medicaid and 
Medicare benefits, who's going to get what when and how it's going to 
happen, there are going to be a number of amendments. And it's nothing 
wrong with amendments and dialogue and discourse.
  But I believe that the issues that we have to tackle as a Congress, 
we're going to need that Republican bipartisan support, along with this 
Democratic leadership.
  Minimum wage never would have been increased if it wasn't for the 
leadership of the Speaker and a number of the Democratic Members that 
held to their guns to make sure that everyday people that punch in and 
out, Mr. Speaker, while we're here on the floor, those individuals that 
are bussing tables, those individuals that are cleaning offices, those 
individuals that are working shift work, as a security officer or as an 
individual that's trying to provide for their families.
  And even for salaried workers, Mr. Speaker, I think it's important 
when you look at the increase in minimum wage, it helps salaried 
workers because they'll make more money and they will be able to pay 
more for health insurance, additional insurance if they're insurance at 
their job doesn't provide what they need; and it also takes a number of 
families over the poverty line.
  But as we look at this, I think it's important, there's only so many 
times that Republican Members can go down to the White House and say, 
Mr. President, I stand with you, versus standing with those individuals 
that have said that they want something overwhelmingly, like the 
minimum wage and other areas. We still had Members that voted against 
the increase in minimum wage, which I can't understand, still today.
  So with that, Mr. Speaker, I look forward to continuing to share with 
the Members, not only the costs in Iraq, but also our responsibility 
here in Congress. I'm glad that, from the Speaker on down to the newest 
Member of Congress, that we have a philosophy that we have to push 
forward, that we have to make sure the American people not only have 
voice but action in this House.
  I encourage my Republican colleagues to be along with us in that 
spirit and have the kind of paradigm shift that we need to put this 
country on the right track and to make sure that our men and women have 
what they need.
  And I can tell you, from the families that I saw at the 841 who were 
moving on into Iraq, from what I picked up, if you want to help the 
troops, let's bring them home. And that's what it's all about.

                          ____________________




 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF CONFERENCE REPORT 
 ON H.R. 1, IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 
                                  2007

  Mr. HASTINGS of Florida (during Special Order of Mr. Meek of 
Florida), from the Committee on Rules, submitted a privileged report 
(Rept. No. 110-260) on the resolution (H. Res. 567) providing for 
consideration of the conference report to accompany the bill (H.R. 1) 
to provide for the implementation of the recommendations of the 
National Commission on Terrorist Attacks Upon the United States, which 
was referred to the House Calendar and ordered to be printed.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess subject to the call of the Chair.
  Accordingly (at 11 o'clock and 53 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  0955
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Lynch) at 9 o'clock and 55 minutes a.m.

                          ____________________




 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2419, FARM, 
                  NUTRITION, AND BIOENERGY ACT OF 2007

  Mr. WELCH of Vermont, from the Committee on Rules, submitted a 
privileged report (Rept. No. 110-261) on the resolution (H. Res. 574) 
providing for consideration of the bill (H.R. 2419) to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes, which was referred to the House Calendar and ordered to 
be printed.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Honda (at the request of Mr. Hoyer) for July 23 and 24 on account 
of family medical reasons.
  Mr. Michaud (at the request of Mr. Hoyer) for today after 10 p.m. 
until 7:30 p.m. on July 26 on account of a family funeral.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Braley of Iowa) to 
revise and extend their remarks and include extraneous material:)
  Mr. Braley of Iowa, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  Mr. Cummings, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mrs. McCarthy of New York, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  (The following Members (at the request of Mr. Gohmert) to revise and 
extend their remarks and include extraneous material:)

[[Page 20763]]

  Mr. Poe, for 5 minutes, August 1.
  Mr. Jones of North Carolina, for 5 minutes, August 1.
  (The following Member (at her own request) to revise and extend her 
remarks and include extraneous material:)
  Ms. Jackson-Lee of Texas, for 5 minutes, today.

                          ____________________




                          SENATE BILL REFERRED

  A bill of the Senate of the following title was taken from the 
Speaker's table and, under the rule, referred as follows:

       S. Con Res. 42. Concurrent resolution recognizing the need 
     to pursue research into the causes, treatment, and eventual 
     cure for idiopathic pulmonary fibrosis, supporting the 
     designation of a National Idiopathic Pulmonary Fibrosis 
     Awareness Week, and for other purposes; to the Committee on 
     Energy and Commerce.

                          ____________________




                         ENROLLED BILLS SIGNED

  Ms. Lorraine C. Miller, Clerk of the House, reported and found truly 
enrolled bills of the House of the following titles, which were 
thereupon signed by the Speaker:

       H.J. Res. 44. Joint resolution approving the renewal of 
     import restrictions contained in the Burmese Freedom and 
     Democracy Act of 2003, and for other purposes.
       H.R. 2429. An act to amend title XVIII of the Social 
     Security Act to provide an exception to the 60-day limit on 
     Medicare reciprocal billing arrangements between two 
     physicians during the period in which one of the physicians 
     is ordered to active duty as a member of a reserve component 
     of the Armed Forces.

                          ____________________




                              ADJOURNMENT

  Mr. WELCH of Vermont. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 9 o'clock and 56 minutes 
a.m.), the House adjourned until today, Thursday, July 26, 2007, at 10 
a.m.

                          ____________________




      OATH OF OFFICE MEMBERS, RESIDENT COMMISSIONER, AND DELEGATES

  The oath of office required by the sixth article of the Constitution 
of the United States, and as provided by section 2 of the act of May 
13, 1884 (23 Stat. 22), to be administered to Members, Resident 
Commissioner, and Delegates of the House of Representatives, the text 
of which is carried in 5 U.S.C. 3331:
      ``I, AB, do solemnly swear (or affirm) that I will support and 
    defend the Constitution of the United States against all enemies, 
    foreign and domestic; that I will bear true faith and allegiance to 
    the same; that I take this obligation freely, without any mental 
    reservation or purpose of evasion; and that I will well and 
    faithfully discharge the duties of the office on which I am about 
    to enter. So help me God.''

has been subscribed to in person and filed in duplicate with the Clerk 
of the House of Representatives by the following Member of the 109th 
Congress, pursuant to the provisions of 2 U.S.C. 25:
  Paul C. Broun, Georgia, Tenth.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       2661. A letter from the Chairman, Board of Governors of the 
     Federal Reserve System, transmitting the Board's semiannual 
     Monetary Policy Report pursuant to Pub. L. 106-569; to the 
     Committee on Financial Services.
       2662. A letter from the Acting Assistant Secretary, 
     Department of Education, transmitting the Department's report 
     entitled, ``State and Local Implementation of the No Child 
     Left Behind Act: Volume I -- Title I School Choice, 
     Supplemental Educational Services, and Student Achievement''; 
     to the Committee on Education and Labor.
       2663. A letter from the Assistant Secretary for Special 
     Education and Rehabilitative Services, Department of 
     Education, transmitting the Department's final rule -- 
     Special Demonstration Programs -- Model Demonstration 
     Projects to Improve the Postsecondary and Employment Outcomes 
     of Youth with Disabilities -- received July 18, 2007, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Education and Labor.
       2664. A letter from the Assistant Secretary for Special 
     Education and Rehabilitative Services, Department of 
     Education, transmitting the Department's final rule -- 
     National Institute on Disability and Rehabilitation Research 
     -- Disability and Rehabilitation Research Projects and 
     Centers Program -- Rehabilitation Research and Training 
     Centers (RRTCs) -- received July 16, 2007, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Education and Labor.
       2665. A letter from the Acting Assistant Secretary, 
     Department of Education, transmitting the Department's final 
     rule -- Smaller Learning Communities Program -- July 12, 
     2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Education and Labor.
       2666. A letter from the Senior Staff Attorney, United 
     States Court of Appeals for the First Circuit, transmitting 
     an opinion of the United States Court of Appeals for the 
     First Circuit (No.06-1614 -- Myrna Gomez-Perez v. John E. 
     Potter (February 9, 2007); to the Committee on Education and 
     Labor.
       2667. A letter from the Secretary, Department of Energy, 
     transmitting the Department's plan to expand the Strategic 
     Petroleum Reserve (SPR) to one billion barrels, pursuant to 
     Public Law 109-58, section 159(j); to the Committee on Energy 
     and Commerce.
       2668. A letter from the Director, Office of Management, 
     Department of Energy, transmitting the Department's report on 
     the amount of the acquisitions made from entities that 
     manufacture the articles, materials, or supplies outside of 
     the United States in fiscal year 2006, pursuant to Public Law 
     109-115, section 837; to the Committee on Energy and 
     Commerce.
       2669. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the FY 2006 Performance Report 
     for the Animal Drug User Fee Act (ADUFA), enacted on November 
     18, 2003 (Pub. L. 108-199); to the Committee on Energy and 
     Commerce.
       2670. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the FY 2006 Performance Report 
     to Congress required by the Medical Device User Fee and 
     Modernization Act (MDUFMA); to the Committee on Energy and 
     Commerce.
       2671. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's report entitled, ``Interpretation of `Ambient 
     Air' In situation Involving Leased Land Under the Regulations 
     for Prevention of Significant Deterioration''; to the 
     Committee on Energy and Commerce.
       2672. A letter from the Assistant Secretary for Export 
     Administration, Department of Commerce, transmitting the 
     Department's final rule -- Addition of entities to the Entity 
     List [Docket No. 070615200-7202-01] (RIN: 0694-AE06) received 
     July 16, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Foreign Affairs.
       2673. A letter from the Assistant Secretary for Export 
     Administration, Department of Commerce, transmitting the 
     Department's final rule -- Export Licensing Jurisdiction for 
     Microelectronic Circuits [Docket No. 070426097-7099-01] (RIN: 
     0694-AE02) received July 16, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Foreign Affairs.
       2674. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting transmitting the 
     2006 Report on CFE Compliance pursuant to the resolution of 
     advice and consent to ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe of November 19, 1990, (``the CFE Flank 
     Document''); to the Committee on Foreign Affairs.
       2675. A letter from the Deputy Assistant Administrator For 
     Regulatory Programs, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Pacific Halibut Fisheries; Guided Sport Charter Vessel 
     Fishery for Halibut [Docket No. 070326070-7110-02; I.D. 
     032107A] (RIN: 0648-AV47) received July 18, 2007, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
       2676. A letter from the Deputy Assistant Administrator For 
     Regulatory Programs, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Northeastern United States; Recreational 
     Management Measures for the Summer Flounder, Scup, and Black 
     Sea Bass Fisheries; Fishing Year 2007 [Docket No. 070518109-
     7109-01; I.D. 030107B] (RIN: 0648-AU60) received July 18, 
     2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       2677. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; REIMS AVIATION S.A. Model F406 
     Airplanes [Docket No. FAA-2006-26690 Directorate Identifier 
     2006-CE-088-AD; Amendment 39-15032; AD 2007-09-02] (RIN: 
     2120-AA64) received July 18, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2678. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Vulcanair S.p.A. Model P68 Series 
     Airplanes [Docket No. FAA-2007-27208

[[Page 20764]]

     Directorate Identifier 2007-CE-010-AD; Amendment 39-15040; AD 
     2007-09-08] (RIN: 2120-AA64) received July 18, 2007, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation 
     and Infrastructure.
       2679. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes 
     [Docket No. FAA-2006-25581 Directorate Identifier 2006-CE-
     041-AD; Amendment 39-15039; AD 2007-09-07] (RIN: 2120-AA64) 
     received July 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       2680. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Empresa Brasileira de Aeronautica 
     S.A. (EMBRAER) Model ERJ 170 Airplanes [Docket No. FAA-2006-
     25419; Directorate Identifier 2006-NM-055-AD; Amendment 39-
     15007; AD 2007-07-10] (RIN: 2120-AA64) received July 18, 
     2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       2681. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Boeing Model 737-200, -300, -400, -
     500, -600, -700, -800, and -900 Series Airplanes; Boeing 
     Model 757-200 and -300 Series Airplanes; and McDonnell 
     Douglas Model DC-10-10. DC-10-10F, DC-10-30, DC-10-30F, DC-
     10-40, MD-10-30F, MD-11, and MD-11F Airplanes; Equipped with 
     Reinforced Flight Deck Doors Installed in Accordance with 
     Supplemental Type Certificate (STC) ST01335LA, STC ST01334LA, 
     and STC ST01391LA, Respectively [Docket No. FAA-2007-26864; 
     Directorate Identifier 2006-NM-228-AD; Amendment 39-15053; AD 
     2007-10-12] (RIN: 2120-AA64) Received July 18, 2007, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation 
     and Infrastructure.
       2682. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Boeing Model 747-400 Series 
     Airplanes [Docket No. FAA-2005-22288; Directorate Identifier 
     2005-NM-132-AD; Amendment 39-15050; AD 2007-10-09] (RIN: 
     2120-AA64) received July 18, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2683. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Cessna Aircraft Company Models 208 
     and 208B Airplanes [Docket No. FAA-2006-26498; Directorate 
     Identifier 2006-CE-83-AD; Amendment 39-15056; AD 2007-10-15] 
     (RIN: 2120-AA64) received July 18, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2684. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; British Aerospace Regional Aircraft 
     Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream 
     Series 3101, and Jetstream Model 3201 Airplanes [Docket No. 
     FAA-2007-27213 Directorate Identifier 2007-CE-012-AD; 
     Amendment 39-15055; AD 2007-10-14] (RIN: 2120-AA64) received 
     July 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       2685. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; British Aerospace Regional Aircraft 
     Jetstream Model 3201 Airplanes [Docket No. FAA-2006-26284; 
     Directorate Identifier 2006-CE-68-AD; Amendment 39-15057; AD 
     2007-10-16] (RIN: 2120-AA64) received July 18, 2007, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation 
     and Infrastructure.
       2686. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Modification of Class E Airspace; Bolivar, MO. [Docket No. 
     FAA-2007-27837; Airspace Docket No. 07-ACE-5] received July 
     18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       2687. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Standard Instrument Approach Procedures, Weather Takeoff 
     Minimums; Miscellaneous Amendments [Docket No. 30551 Amdt. 
     No. 3219] received July 18, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2688. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Standard Instrument Approach Procedures; Miscellaneous 
     Amendments [Docket No. 30552; Amdt. No. 3220] received July 
     18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       2689. A letter from the Director of Regulations Management, 
     Department of Veterans Affairs, transmitting the Department's 
     final rule -- Increase in Rates Payable Under the Montgomery 
     GI Bill-Selected Reserve and Other Miscellaneous Issues (RIN: 
     2900-AM50) received July 18, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Veterans' Affairs.
       2690. A letter from the Chairman, Defense Nuclear 
     Facilities Safety Board, transmitting the Board's Second 
     Quarterly Report on the Status of Significant Unresolved 
     Issues with the Department of Energy's Design and 
     Construction Projects, pursuant to Public Law 109-702, 
     section 3201; jointly to the Committees on Armed Services and 
     Appropriations.
       2691. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's report 
     entitled, ``Evaluation of Phase I of Medicare Health Support 
     (Formerly Voluntary Chronic Care Improvement) Pilot Program 
     Under Traditional Fee-for-Service Medicare,'' in response to 
     the requirements of Section 721(b)(1) of the Medicare 
     Prescription Drug Improvement and Modernization Act of 2003 
     (MMA); jointly to the Committees on Energy and Commerce and 
     Ways and Means.
       2692. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's report 
     entitled, ``National Coverage Determinations for Fiscal Year 
     2005,'' pursuant to Public Law 106-554 section 522(a); 
     jointly to the Committees on Energy and Commerce and Ways and 
     Means.
       2693. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 7(a) of the Jerusalem Embassy Act of 1995 (Pub. L. 
     104-45), a copy of Presidential Determination No. 2007-21 
     suspending the limitation on the obligation of the State 
     Department Appropriations contained in sections 3(b) and 7(b) 
     of that Act for six months as well as the periodic report 
     provided for under Section 6 of the Act covering the period 
     from December 16, 2006 to the present, pursuant to Public Law 
     104-45, section 6 (109 Stat. 400); jointly to the Committees 
     on Foreign Affairs and Appropriations.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. OBEY: Committee on Appropriations. Supplemental report 
     on H.R. 3093. A bill making appropriations for the 
     Departments of Commerce and Justice, and Science, and Related 
     Agencies for the fiscal year ending September 30, 2008, and 
     for other purposes (Rept. 110-240, Pt. 2). Ordered to be 
     printed.
       Mr. THOMPSON of Mississippi: Committee of Conference. 
     Conference report on H.R. 1. A bill to provide for the 
     implementation of the recommendations of the National 
     Commission on Terrorist Attacks Upon the United States (Rept. 
     110-259), Ordered to be printed.
       Mr. HASTINGS of Florida: Committee on Rules. House 
     Resolution 567. Resolution providing for consideration of the 
     conference report to accompany the bill (H.R. 1) to provide 
     for the implementation of the recommendations of the National 
     Commission on Terrorist Attacks Upon the United States (Rept. 
     110-260). Referred to the house Calendar.

         [Filed on July 26 (legislative day of July 25), 2007]

       Mr. CARDOZA: Committee on Rules. House Resolution 574. 
     Resolution providing for consideration of the bill (H.R. 
     2419) to provide for the continuation of agricultural 
     programs through fiscal year 2012, and for other purposes 
     (Rept. 110-261). Referred to the House Calendar.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. KAGEN:
       H.R. 3171. A bill to amend titles XIX and XXI of the Social 
     Security Act to provide for an express lane for simplified 
     Medicaid and SCHIP eligibility determinations for children; 
     to the Committee on Energy and Commerce.
           By Mr. CONYERS (for himself, Mr. Ellison, Mr. Thompson 
             of Mississippi, Mrs. Christensen, Ms. Norton, Ms. 
             Woolsey, Mr. Serrano, Mr. Grijalva, Mr. Wexler, Ms. 
             Lee, and Mr. Rush):
       H.R. 3172. A bill to exclude certain assets in determining 
     eligibility under the food stamp program, the Temporary 
     Assistance for Needy Families (TANF) program, the 
     Supplemental Security Income (SSI) program, and the State 
     Children's Health Insurance Program (SCHIP); to the Committee 
     on Ways and Means, and in addition to the Committees on 
     Agriculture, and Energy and Commerce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. WAXMAN:
       H.R. 3173. A bill to amend the Public Health Service Act to 
     establish demonstration programs on regionalized systems for 
     emergency care, to support emergency medicine research, and 
     for other purposes; to the Committee on Energy and Commerce.
           By Mrs. DAVIS of California (for herself, Ms. Carson, 
             Mr. Abercrombie, Mr. Skelton, and Mr. Ackerman):
       H.R. 3174. A bill to amend titles 28 and 10, United States 
     Code, to allow for certiorari

[[Page 20765]]

     review of certain cases denied relief or review by the United 
     States Court of Appeals for the Armed Forces; to the 
     Committee on the Judiciary.
           By Ms. McCOLLUM of Minnesota (for herself, Mr. Honda, 
             Mrs. Capps, Mr. Terry, Mr. Berman, Mr. Ellison, Ms. 
             Jackson-Lee of Texas, and Ms. Clarke):
       H.R. 3175. A bill to protect girls in developing countries 
     through the prevention of child marriage, and for other 
     purposes; to the Committee on Foreign Affairs.
           By Mr. BARTON of Texas (for himself, Mr. Deal of 
             Georgia, Mr. Hastert, Mr. Buyer, Mrs. Blackburn, Mr. 
             Terry, Mr. Shimkus, Mr. Pitts, Mr. Stearns, Mr. 
             Burgess, Mr. Hall of Texas, Mr. Pickering, and Mrs. 
             Myrick):
       H.R. 3176. A bill to amend title XXI of the Social Security 
     Act to reauthorize and reform the State Children's Health 
     Insurance Program (SCHIP); to the Committee on Energy and 
     Commerce.
           By Mr. GARRETT of New Jersey (for himself, Mr. 
             Hoekstra, Mr. Bishop of Utah, Ms. Foxx, Mr. Pitts, 
             Mr. Culberson, Mr. Akin, Mr. Goode, Mr. Whitfield, 
             Mr. King of Iowa, Mr. Cannon, Mr. Pence, Mr. Campbell 
             of California, Mr. Jones of North Carolina, Mr. Paul, 
             Mr. Gilchrest, Mr. Bartlett of Maryland, Mrs. Cubin, 
             Mr. McHenry, Mr. Miller of Florida, Mr. Hensarling, 
             Mr. Westmoreland, Mr. Feeney, Mrs. Myrick, Mr. Poe, 
             Mr. Manzullo, Mrs. Blackburn, Ms. Ros-Lehtinen, Mr. 
             Gohmert, Mr. Daniel E. Lungren of California, Mr. 
             Bilbray, Mr. Barrett of South Carolina, Mr. Baker, 
             Mr. Walberg, and Mr. Jordan):
       H.R. 3177. A bill to allow a State to opt out of K-12 
     education grant programs and the requirements of those 
     programs, to amend the Internal Revenue Code of 1986 to 
     provide a credit to taxpayers in such a State, and for other 
     purposes; to the Committee on Ways and Means, and in addition 
     to the Committee on Education and Labor, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. SHAYS:
       H.R. 3178. A bill to limit the length of deployment of 
     members of the Armed Forces for Operation Iraqi Freedom; to 
     the Committee on Armed Services.
           By Mr. TOWNS (for himself and Mr. Bilbray):
       H.R. 3179. A bill to amend title 40, United States Code, to 
     authorize the use of Federal supply schedules for the 
     acquisition of law enforcement, security, and certain other 
     related items by State and local governments; to the 
     Committee on Oversight and Government Reform.
           By Mr. UDALL of Colorado:
       H.R. 3180. A bill to amend title 31, United States Code, to 
     clarify who is an original source for purposes of bringing a 
     qui tam action; to the Committee on the Judiciary.
           By Mr. UDALL of Colorado:
       H.R. 3181. A bill to provide for the exchange of certain 
     lands in the Arapaho-Roosevelt National Forests in the State 
     of Colorado with the Sugar Loaf Fire Protection District, and 
     for other purposes; to the Committee on Natural Resources.
           By Mr. UDALL of Colorado:
       H.R. 3182. A bill to allow United States persons to 
     participate in energy development offshore from Cuba and 
     other nearby countries; to the Committee on Foreign Affairs, 
     and in addition to the Committee on Ways and Means, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. DAVIS of Illinois:
       H. Con. Res. 192. Concurrent resolution expressing the 
     sense of Congress regarding the need for further study of the 
     neurological disorder dysnia; to the Committee on Energy and 
     Commerce.
           By Mr. PUTNAM:
       H. Res. 566. A resolution electing a minority member to 
     certain standing committees of the House of Representatives; 
     considered and agreed to.
           By Mr. BRALEY of Iowa (for himself, Mr. Skelton, Mr. 
             Boswell, Mr. Loebsack, Mr. Latham, Mr. King of Iowa, 
             Mr. Murphy of Connecticut, Mr. Johnson of Georgia, 
             Mr. Shuler, Mr. Hare, Mrs. Gillibrand, Mr. Welch of 
             Vermont, Mr. Reyes, Mr. Brady of Pennsylvania, Mr. 
             Lynch, Mr. Ellsworth, Mrs. Boyda of Kansas, Mrs. 
             Davis of California, Ms. Linda T. Sanchez of 
             California, Mr. Sestak, Ms. Castor, Mr. Kind, Mr. 
             Spratt, Mr. Patrick Murphy of Pennsylvania, Mr. 
             Kagen, Mr. Klein of Florida, Mr. Walz of Minnesota, 
             Mr. Tierney, Ms. McCollum of Minnesota, Mr. Ellison, 
             Mr. Hodes, Mr. Mahoney of Florida, Mr. Perlmutter, 
             Mr. Edwards, Mr. Cuellar, Mr. Roskam, Mr. Rodriguez, 
             Mr. Ortiz, Mr. Hinojosa, Mr. Taylor, Mr. Carney, Mr. 
             Allen, Mr. Michaud, Mr. Pomeroy, Ms. Sutton, Mr. 
             Space, Mr. Cummings, Mr. Altmire, Mr. Smith of 
             Nebraska, Mr. Jones of North Carolina, Mr. Larsen of 
             Washington, Mr. Oberstar, Mr. Moore of Kansas, Mr. 
             Moran of Kansas, Ms. Shea-Porter, Ms. Moore of 
             Wisconsin, Mr. LoBiondo, Mr. Smith of Washington, Mr. 
             Snyder, Mr. Lamborn, Mr. Walberg, Mr. Meek of 
             Florida, Mr. Sali, Mr. David Davis of Tennessee, Mr. 
             Terry, Ms. Herseth Sandlin, Mr. Platts, Mr. Ramstad, 
             Mr. Franks of Arizona, Mr. Jordan, and Ms. Fallin):
       H. Res. 568. A resolution honoring and expressing gratitude 
     to the 1st Battalion of the 133rd Infantry (``Ironman 
     Battalion'') of the Iowa National Guard; to the Committee on 
     Armed Services.
           By Mr. DAVIS of Illinois:
       H. Res. 569. A resolution expressing the sense of the House 
     of Representatives that observing a Movement Disorders 
     Awareness Month would promote awareness, diagnosis, and 
     advocacy concerning the issue; to the Committee on Energy and 
     Commerce.
           By Mr. DAVIS of Illinois:
       H. Res. 570. A resolution expressing the sense of the House 
     of Representatives that there should be established a 
     National School-Based Health Centers Month to raise awareness 
     of health services provided by school health centers; to the 
     Committee on Oversight and Government Reform.
           By Mr. DAVIS of Illinois:
       H. Res. 571. A resolution supporting the goals and ideals 
     of National Health Center Week in order to raise awareness of 
     health services provided by community, migrant, public 
     housing, and homeless health centers, and for other purposes; 
     to the Committee on Oversight and Government Reform.
           By Mr. KING of New York:
       H. Res. 572. A resolution encouraging employers and online 
     dating sites to use sex offender registries for background 
     checks; to the Committee on the Judiciary.
           By Mr. MORAN of Virginia (for himself, Mr. Lantos, Mr. 
             Payne, Mr. Wolf, Ms. Lee, and Mr. McGovern):
       H. Res. 573. A resolution recognizing and commending the 
     efforts of the United States public and advocacy groups to 
     raise awareness about and help end the worsening humanitarian 
     crisis and genocide in Darfur, Sudan, and for other purposes; 
     to the Committee on Foreign Affairs.

                          ____________________




                               MEMORIALS

  Under clause 3 of rule XII, memorials were presented and referred as 
follows:

       139. The SPEAKER presented a memorial of the Legislative 
     Assembly of the State of Oregon, relative to House Joint 
     Memorial No. 22 urging the Congress of the United States to 
     include proposed language in an amendment to the Federal 
     Power Act, 16 U.S.C. 791a et. seq.; to the Committee on 
     Energy and Commerce.
       140. Also, a memorial of the Legislative Assembly of the 
     State of Oregon, relative to House Joint Memorial No. 12 
     urging the Congress of the United States to pass legislation 
     to allow the Forest Service and the Bureau of Land Management 
     to enter into long-term, 15-year contracts allowing the 
     removal of biomass from federal forests in Oregon in order to 
     provide fuel for cogeneration plants; to the Committee on 
     Natural Resources.
       141. Also, a memorial of the Legislative Assembly of the 
     State of Oregon, relative to House Joint Memorial No. 13 
     urging the President of the United States and the Congress of 
     the United States to pursue negotiations to forge and ratify 
     a free trade agreement with Taiwan that will lower the 
     remaining trade barriers between the two countries; to the 
     Committee on Ways and Means.

                          ____________________




                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII,

       Mr. KUCINICH introduced a bill (H.R. 3183) for the relief 
     of Theresa and Stefan Sajac; which was referred to the 
     Committee on the Judiciary.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 180: Mr. Ackerman.
       H.R. 275: Mr. Rohrabacher and Mr. Ryan of Ohio.
       H.R. 473: Mr. Forbes and Mrs. Emerson.
       H.R. 507: Ms. Eshoo and Mr. Moran of Kansas.
       H.R. 690: Mr. Rogers of Alabama.
       H.R. 728: Mr. Shuler.
       H.R. 758: Mr. Moran of Kansas.
       H.R. 788: Mr. Davis of Illinois.
       H.R. 938: Mr. Shadegg.
       H.R. 943: Mr. Boozman.
       H.R. 947: Mr. Latham.
       H.R. 997: Mr. Wicker.
       H.R. 1004: Mr. Stark.
       H.R. 1064: Mr. Ferguson, Mr. LoBiondo, and Mr. Pastor.
       H.R. 1078: Ms. Hirono.
       H.R. 1141: Mr. Souder and Mr. McCotter.

[[Page 20766]]


       H.R. 1248: Mr. Hall of New York.
       H.R. 1264: Mr. Souder.
       H.R. 1282: Mr. Alexander.
       H.R. 1286: Mr. Kennedy and Mrs. Lowey.
       H.R. 1304: Mr. Mica.
       H.R. 1322: Mr. Wynn, Mr. Hare, and Mr. Ryan of Ohio.
       H.R. 1333: Mr. Peterson of Minnesota.
       H.R. 1360: Ms. DeLauro.
       H.R. 1363: Mr. Braley of Iowa, Mr. Young of Alaska, and 
     Mrs. Napolitano.
       H.R. 1365: Mr. Neugebauer.
       H.R. 1366: Mr. Calvert and Mr. Bartlett of Maryland.
       H.R. 1399: Mr. Manzullo, Mr. Sensenbrenner, and Mr. 
     Rodriguez.
       H.R. 1400: Mr. Young of Florida, Mr. Payne, and Mr. 
     Pickering.
       H.R. 1416: Mr. Berman.
       H.R. 1518: Mr. Boucher.
       H.R. 1533: Mr. Hodes.
       H.R. 1534: Ms. Baldwin and Mr. Hodes.
       H.R. 1553: Mr. Filner and Ms. Eshoo.
       H.R. 1566: Mr. Doyle and Mr. McDermott.
       H.R. 1647: Mr. Boozman.
       H.R. 1671: Mr. Scott of Virginia and Ms. Waters.
       H.R. 1818: Mr. Young of Alaska.
       H.R. 1912: Mr. Shuler.
       H.R. 1919: Mr. Peterson of Minnesota and Mr. Rothman.
       H.R. 1992: Mr. Scott of Virginia.
       H.R. 2021: Mr. Reichert, Mr. Conyers, Ms. Schwartz, Mr. 
     Burton of Indiana, Ms. Jackson-Lee of Texas, Mr. Miller of 
     Florida, Mr. Emanuel, Mr. McIntyre, Mr. Meeks of New York, 
     Mr. Doggett, Mr. Wexler, Mr. Towns, and Mr. Thompson of 
     Mississippi.
       H.R. 2118: Ms. Loretta Sanchez of California.
       H.R. 2159: Mr. Kagen.
       H.R. 2169: Mr. Jackson of Illinois and Mr. Cohen.
       H.R. 2188: Mr. Smith of Washington.
       H.R. 2289: Mr. Ross.
       H.R. 2291: Mr. Fossella, Mr. Thornberry, and Mr. McHugh.
       H.R. 2343: Mr. Brady of Pennsylvania.
       H.R. 2347: Mr. Knollenberg and Ms. Lee.
       H.R. 2353: Mr. Michaud and Mr. Payne.
       H.R. 2371: Mr. Moran of Virginia and Mr. Tierney.
       H.R. 2380: Mr. Baker, Mr. Heller, Mr. Lampson, Mr. Deal of 
     Georgia, Mr. Westmoreland, Mr. Campbell of California, Mr. 
     Pence, and Mr. Neugebauer.
       H.R. 2449: Ms. Hirono.
       H.R. 2452: Mr. Holt.
       H.R. 2537: Mr. Kirk, Mr. Waxman, and Mr. Hastings of 
     Florida.
       H.R. 2561: Mrs. Myrick.
       H.R. 2567: Mr. Carter.
       H.R. 2583: Mr. Poe.
       H.R. 2585: Mr. Walden of Oregon.
       H.R. 2596: Ms. Hirono and Mr. Stark.
       H.R. 2604: Mr. Engel.
       H.R. 2609: Mr. Shuler and Mr. Bishop of Georgia.
       H.R. 2610: Mr. Towns.
       H.R. 2677: Mr. Ferguson.
       H.R. 2694: Ms. Bordallo.
       H.R. 2726: Mr. Souder and Mr. Peterson of Pennsylvania.
       H.R. 2744: Mr. Gordon, Ms. Lee, Mr. Michaud, Mr. Arcuri, 
     Mr. Rothman, Mr. Smith of Washington, and Ms. Baldwin.
       H.R. 2774: Mr. Cohen, Mr. Costa, Mr. Hinchey, Ms. Bordallo, 
     Mr. Inslee, Mr. Donnelly, and Ms. Linda T. Sanchez of 
     California.
       H.R. 2792: Mr. Stark.
       H.R. 2807: Mr. Sullivan.
       H.R. 2818: Mr. Boucher, Mr. Bishop of New York, Mr. 
     Courtney, Mr. Garrett of New Jersey, Mr. Kagen, Mr. Mahoney 
     of Florida, Mrs. McCarthy of New York, Ms. Solis, Mr. Wilson 
     of Ohio, Mr. Yarmuth, Mr. Hall of Texas, Ms. Ginny Brown-
     Waite of Florida, Ms. Baldwin, Mr. LoBiondo, Mrs. Boyda of 
     Kansas, Ms. DeLauro, Mr. Emanuel, Mr. Johnson of Georgia, and 
     Mr. Watt.
       H.R. 2824: Mr. Rush, Mr. Brady of Pennsylvania, Mr. 
     Capuano, Ms. Jackson-Lee of Texas, Mrs. Jones of Ohio, Mr. 
     Cohen, Mr. Ellison, Mr. Kucinich, Ms. Kaptur, and Mr. 
     Ackerman.
       H.R. 2846: Mr. Grijalva.
       H.R. 2852: Mr. Hensarling.
       H.R. 2870: Mr. Wu.
       H.R. 2885: Mr. Moore of Kansas.
       H.R. 2914: Mr. Lampson and Mr. Fortuno.
       H.R. 2925: Mr. Payne.
       H.R. 2927: Mr. Rogers of Michigan, Ms. Bean, Mr. Issa, Mr. 
     Smith of Nebraska, Mr. Meeks of New York, Ms. Fallin, Mr. 
     Hayes, Mr. David Davis of Tennessee, Mr. Space, Mr. Gillmor, 
     Mr. Upton, and Mr. Berry.
       H.R. 2942: Mrs. Myrick, Mr. Donnelly, Mr. Gallegly, Mr. 
     LaTourette, and Mr. Space.
       H.R. 2951: Mr. Kucinich, Mr. Davis of Illinois, Mr. Filner, 
     and Mr. Grijalva.
       H.R. 2954: Ms. Ginny Brown-Waite of Florida, Mr. Issa, Mr. 
     Calvert, and Mrs. Drake.
       H.R. 2966: Mr. Hodes.
       H.R. 3004: Mr. Moran of Kansas.
       H.R. 3029: Mr. Gonzalez.
       H.R. 3046: Mr. Kuhl of New York, Mr. Obey, Mrs. McMorris 
     Rodgers, and Ms. Kilpatrick.
       H.R. 3047: Mrs. Emerson, Mr. Bishop of New York, Mr. Baker, 
     Mrs. McMorris Rodgers, Mrs. Musgrave, and Mr. Hoekstra.
       H.R. 3050: Mrs. Cubin, Mr. Perlmutter, Mr. Udall of 
     Colorado, Mr. Salazar, Ms. DeGette, Mr. Tancredo, and Mr. 
     Lamborn.
       H.R. 3059: Mr. Rogers of Michigan, Mr. Lucas, Mr. Upton, 
     and Mr. David Davis of Tennessee.
       H.R. 3090: Mr. Aderholt, Mr. Bonner, Mr. Boyd of Florida, 
     Mrs. Emerson, Mr. Etheridge, Mr. Goode, Mr. Gordon, Mr. 
     Hinojosa, Mr. Kagen, Mr. Loebsack, Mr. Mitchell, Mr. Peterson 
     of Minnesota, Mr. Rogers of Alabama, Mr. Tiberi, and Mr. 
     Yarmuth.
       H.R. 3132: Ms. Ros-Lehtinen.
       H.R. 3133: Ms. Clarke and Mrs. Maloney of New York.
       H.R. 3159: Mr. Skelton and Mr. Shays.
       H. Con. Res. 10: Ms. Hirono.
       H. Con. Res. 40: Mr. Marchant.
       H. Con. Res. 120: Mr. Hulshof.
       H. Con. Res. 136: Mr. Filner.
       H. Con. Res. 176: Mr. Shuler.
       H. Res. 111: Mr. Davis of Illinois, Mr. Hodes, and Mr. 
     Peterson of Pennsylvania.
       H. Res. 121: Mr. Campbell of California.
       H. Res. 356: Mr. Arcuri and Mr. King of New York.
       H. Res. 415: Mr. Shadegg.
       H. Res. 503: Ms. Baldwin.
       H. Res. 530: Ms. Schakowsky.
       H. Res. 542: Mr. Conaway and Mr. Upton.
       H. Res. 548: Mr. Murphy of Connecticut, Mr. McNulty, and 
     Mr. Berman.
       H. Res. 549: Mr. Young of Florida, Ms. Ginny Brown-Waite of 
     Florida, Mr. Stearns, Mr. Keller, Mr. Mahoney of Florida, Mr. 
     Miller of Florida, and Mr. Mica.
       H. Res. 550: Mr. Meeks of New York, Mr. Capuano, and Mr. 
     Scott of Virginia.
       H. Res. 564: Mr. Meeks of New York, Mr. Payne, Mr. 
     Faleomavaega, Mr. Wexler, Mr. Honda, Mr. Smith of New Jersey, 
     Mr. Delahunt, Mr. Farr, Ms. Clarke, Mr. Fortuno, Ms. McCollum 
     of Minnesota, Mr. Davis of Illinois, Ms. Berkley, Ms. 
     Jackson-Lee of Texas, Mr. McGovern, Mr. Lewis of Georgia, Ms. 
     Solis, Mr. Sires, and Mr. Gallegly.

                          ____________________




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 3093

                    Offered By: Mr. Price of Georgia

       Amendment No. 34: Page 22, line 19, after the first dollar 
     amount, insert ``(increased by $2,000,000)''.
       Page 68, line 21, after the first dollar amount, insert 
     ``(reduced by $3,000,000)''.
       Page 68, line 21, after the second dollar amount, insert 
     ``(reduced by $3,000,000)''.

                               H.R. 3093

                        Offered By: Mr. Lampson

       Amendment No. 35: Page 85, after line 24, insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act may 
     be used for business-class or first-class airline travel by 
     employees of the Department of Commerce in contravention of 
     sections 301-10.122 through 301.10-124 of title 41, Code of 
     Federal Regulations.

                               H.R. 3093

                         Offered By: Mr. Goode

       Amendment No. 36: At the end of the bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds appropriated in this Act may be 
     used to enforce--
       (1) the judgment of the United States District Court for 
     the Western District of Texas in the case of United States v. 
     Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) decided March 8, 
     2006; and
       (2) the sentences imposed by the United States District 
     Court for the Western District of Texas in the case of United 
     States v. Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) on 
     October 19, 2006.

                               H.R. 3093

                 Offered By: Mr. Campbell of California

       Amendment No. 37: At the end of the bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. Each amount appropriated or otherwise made 
     available by this Act that is not required to be appropriated 
     or otherwise made available by a provision of law is hereby 
     reduced by 0.05 percent.

                               H.R. 3093

                        Offered By: Mr. Cardoza

       Amendment No. 38: Page 11, line 19, after the dollar amount 
     insert ``(increased by $1,000,000)''.
       Page 22, line 19, after the first dollar amount insert 
     ``(reduced by $1,000,000)''.

                               H.R. 3093

                         Offered By: Mr. Weiner

       Amendment No. 39: Page 21, line 7, insert ``(reduced by 
     $4,500,000)'' after the dollar amount.
       Page 21, line 26, insert ``(reduced by $4,125,000)'' after 
     the dollar amount.
       Page 22, line 9, insert ``(reduced by $3,375,000)'' after 
     the dollar amount.
       Page 22, line 19, insert ``(reduced by $10,500,000)'' after 
     the dollar amount.
       Page 22, line 25, insert ``(reduced by $52,500,000)'' after 
     the dollar amount.

[[Page 20767]]

       Page 46, line 6, insert ``(increased by $75,000,000)'' 
     after the dollar amount.
       Page 47, line 24, insert ``(increased by $75,000,000)'' 
     after the dollar amount.

                               H.R. 3093

             Offered By: Ms. Eddie Bernice Johnson of Texas

       Amendment No. 40: Page 59, line 21, insert ``, of which not 
     less than $70,700,000 shall be for the Minority University 
     Research and Education Programs,'' after the dollar amount.

                               H.R. 3093

                         Offered By: Mr. Upton

       Amendment No. 41: At the end of the bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds made available in this Act may 
     be used to purchase light bulbs unless the light bulbs have 
     the ``ENERGY STAR'' or ``Federal Energy Management Program'' 
     designation.

                               H.R. 3093

                          Offered By: Mr. Poe

       Amendment No. 42: At the end of the bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds appropriated in this Act may be 
     used to enforce--
       (1) the judgment of the United States District Court for 
     the Western District of Texas in the case of United States v. 
     Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) decided March 8, 
     2006; and
       (2) the sentences imposed by the United States District 
     Court for the Western District of Texas in the case of United 
     States v. Ignacio Ramos, Et Al. (No. EP:05-CR-856-KC) on 
     October 19, 2006.

                               H.R. 3093

                          Offered By: Mr. Poe

       Amendment No. 43: Page 75, line 24, strike ``$625,000,000'' 
     and insert ``$635,000,000''.
       Page 76, line 2, insert ``, and the amount otherwise 
     provided under this Act for Department of Commerce, 
     Departmental Management, Salaries and Expenses is reduced by 
     $10,000,000'' after ``(42 U.S.C. 10601)''.

                               H.R. 3093

                          Offered By: Mr. Mack

       Amendment No. 44: At the end of the bill, before the short 
     title, insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available by this Act may 
     be used to carry out the composition and delivery of exigent 
     letters to United States citizens, businesses, banks, firms 
     or any other entity that retains personal identity 
     information about citizens until the Department of Justice 
     makes a full report to the House and Senate Judiciary and 
     Intelligence Committees that outlines the nature, scope, and 
     necessity of the letters and provides a complete account of 
     how many have been delivered and what effect they have had on 
     the civil liberties of the recipients.

                               H.R. 3093

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 45: At the end of bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. The amount otherwise provided in this Act for 
     ``State and Local Law Enforcement Assistance'' is hereby 
     decreased by $10,000,000 and increased by $10,000,000.

                               H.R. 3093

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 46: At the end of the bill (before the short 
     title), insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. None of the funds made available in this Act may 
     be used in violation of Subtitle A of title VIII 
     (International Space Station Independent Safety Task Force) 
     of the NASA Authorization Act of 2005 (Public Law No. 109-
     155).
     
     


[[Page 20768]]


                          EXTENSIONS OF REMARKS
                          ____________________


                       RECOGNIZING LEON BRACHMAN

                                 ______
                                 

                        HON. MICHAEL C. BURGESS

                                of texas

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. BURGESS. Madam Speaker, I rise today to recognize the service of 
Mr. Leon Brachman with Baylor All Saints Medical Center Board of 
Trustees. Dr. Brachman was recently selected to receive the Texas 
Healthcare Trustees' 2007 Founders' Award.
  For over a half of a decade, Mr. Brachman has shown unwavering 
commitment to leadership and service to the health care industry in the 
City of Fort Worth. In 1958, he oversaw the construction of the initial 
building for All Saints Hospital, an Episcopal Hospital, that later 
became affiliated with the Baylor Healthcare system. Mr. Brachman has 
served as a trustee for over 50 years as the hospital has expanded 
throughout the North Texas community. Through his efforts, in an ever-
changing and challenging health care arena, Fort Worth now stands as an 
excellent model for other communities hoping for a strong health care 
system.
  The Texas Healthcare Trustees Founders' Award is the highest honor 
for a Texas hospital and health system trustee. It is a state-wide 
award, given to only one person in the state, per year. Mr. Brachman 
was selected as the distinguished trustee in honor of his record of 
leadership in health care governance. The Founders' Award remains a 
symbol of dedication and excellence in service in the health care 
field.
  It is with great honor and pride that I recognize Mr. Leon Brachman 
today, and I encourage him to continue to serve as an example to us all 
in putting our community and the needs of others ahead of ourselves. 
His vision will ensure a healthier future for Texans.

                          ____________________




                          HONORING LEN STEWART

                                 ______
                                 

                        HON. WILLIAM D. DELAHUNT

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. DELAHUNT. Madam Speaker, I rise today so that my colleagues in 
the House of Representatives can join me in honoring the exemplary 
career of a constituent of mine, Mr. Len Stewart.
  Having faithfully served Barnstable County, Massachusetts, for the 
past 8 years as the director of human services, Len is leaving us to 
take a similar position in Mesa County, Colorado. During his tenure on 
Cape Cod, he has played a pivotal role in the growth and success of the 
county's Human Services Department. Len's efforts have brought the 
region's health and human service providers together, attracting new 
Federal dollars to deliver vital services to our people.
  Len first came to the cape in 1981, serving as the director of the 
Provincetown AIDS Support Group. Following his success in Provincetown, 
Len became the director of the county's Human Services Department. His 
leadership over the past 8 years has led to the establishment of a 
regional alliance of agencies committed to increasing access to health 
care for the uninsured and underserved residents of our community. This 
collaboration has attracted millions of dollars to the region for 
critical services benefiting thousands of cape and island residents, in 
areas such as dental and medical care, mental health, and substance 
abuse needs.
  His talents and expertise have also helped those who have become 
marginalized because of their age, ethnicity, gender, race and sexual 
orientation. Of all of his endeavors, one of the most note-worthy is 
the creation of the first human rights commission in Barnstable County, 
behind which he was the driving force.
  I have long admired Len's dedication to the cape and his passion for 
public service. As he leaves us, I have no doubt that he will bring 
this same sense of commitment to his new responsibilities in Colorado.
  As we pause and reflect on the significance of his achievements, he 
can take with him the heartfelt gratitude of the people of the cape and 
the islands for all that he has done to improve the lives of those 
around him. On behalf of a grateful constituency, I want to say thank 
you and wish you the very best.

                          ____________________




                    HONORING THE LIFE OF LOI NGUYEN

                                 ______
                                 

                          HON. JAMES T. WALSH

                              of new york

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. WALSH of New York. I rise today in tribute to Loi Nguyen, 
respected leader of the Syracuse Vietnamese Community. Sadly, Mr. 
Nguyen passed away on July 8th, 2007, after a long battle with liver 
complications.
  Mr. Nguyen was a true patriot and an exemplary citizen. He fought 
valiantly alongside U.S. troops in Vietnam as a battalion commander in 
the South Vietnamese Army, suffering 10 years in a Communist re-
education camp for aiding Americans. Along with other South Vietnamese 
soldiers who helped the U.S., Mr. Nguyen was allowed to immigrate into 
the United States, and moved to the Syracuse area in 1990. He began to 
assist refugees from Vietnam and other Southeast Asian nations in 
learning to drive, find jobs, learn English, and register to vote. He 
led the Vietnamese Community of Syracuse and the Vietnamese Veterans, 
and worked tirelessly to build a sense of community and improve 
conditions in Syracuse's North Side, where many Vietnamese immigrants 
live. One of his crowning achievements, Mr. Nguyen was instrumental in 
the development of the Franciscan Vietnamese Freedom Garden, which will 
serve as a green space for residents of the North Side, and also as a 
symbol of community.
  Mr. Nguyen's leadership, his patriotism, and his concern for others 
have benefited his community greatly. He fostered a better 
understanding and sense of community among many different cultures, and 
reminded us all of the significance of what many of us take for 
granted--freedom. Loi Nguyen will be missed, but will not be forgotten.

                          ____________________




                IN RECOGNITION OF CLYDE AND LINDA ROGERS

                                 ______
                                 

                            HON. MIKE ROGERS

                               of alabama

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. ROGERS of Alabama. Madam Speaker, I respectfully ask the 
attention of the House today to pay recognition to an occasion very 
dear to me. On July 26, 2007, my mother and father will mark their 50th 
wedding anniversary.
  Linda Lou Perryman and Clyde Gilbert Rogers were wed by a Justice of 
the Peace on July 26, 1957, in Crown Point, Indiana. When they moved to 
Alabama my father worked as a firefighter at the Anniston Army Depot 
for 25 years and my mother took a job as an inspector at Classie Ribbon 
Company, where she worked for more than 30 years.
  I would like to wish my parents a happy anniversary and thank them 
for all that they have done for me.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. ROSA L. DeLAURO

                             of connecticut

                    in the house of representatives

                        Wednesday, July 25, 2007

  Ms. DeLAURO. Madam Speaker, during rollcall vote No. 703 on H.R. 
3074, I mistakenly recorded my vote as ``aye'' when I should have voted 
``no.''

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. YVETTE D. CLARKE

                              of new york

                    in the house of representatives

                        Wednesday, July 25, 2007

  Ms. CLARKE. Madam Speaker, On rollcall No. 691, I was taking a leave 
of absence. Had

[[Page 20769]]

I been present, I would have voted ``nay.'' On rollcall No. 692, I was 
taking a leave of absence. Had I been present, I would have voted 
``nay.'' On rollcall No. 693, I was taking a leave of absence. Had I 
been present, I would have voted ``nay.'' On rollcall No. 694, I was 
taking a leave of absence. Had I been present, I would have voted 
``nay.'' On rollcall No. 695, I was taking a leave of absence. Had I 
been present, I would have voted ``nay.''
  On rollcall No. 696, I was taking a leave of absence. Had I been 
present, I would have voted ``nay.'' On rollcall No. 697, I was taking 
a leave of absence. Had I been present, I would have voted ``nay.'' On 
rollcall No. 698, I was taking a leave of absence. Had I been present, 
I would have voted ``nay.'' On rollcall No. 699, I was taking a leave 
of absence. Had I been present, I would have voted ``nay.'' On rollcall 
No. 700, I was taking a leave of absence. Had I been present, I would 
have voted ``nay.''
  On rollcall No. 701, I was taking a leave of absence. Had I been 
present, I would have voted ``nay.'' On rollcall No. 702, I was taking 
a leave of absence. Had I been present, I would have voted ``nay.'' On 
rollcall No. 703, I was taking a leave of absence. Had I been present, 
I would have voted ``yea.'' On rollcall No. 704, I was taking a leave 
of absence. Had I been present, I would have voted ``nay.'' On rollcall 
No. 705, I was taking a leave of absence. Had I been present, I would 
have voted ``nay.''
  On rollcall No. 706, I was taking a leave of absence. Had I been 
present, I would have voted ``nay.'' On rollcall No. 707, I was taking 
a leave of absence. Had I been present, I would have voted ``nay.'' On 
rollcall No. 708, I was taking a leave of absence. Had I been present, 
I would have voted ``nay.'' On rollcall No. 709, I was taking a leave 
of absence. Had I been present, I would have voted ``nay.'' On rollcall 
No. 710, I was taking a leave of absence. Had I been present, I would 
have voted ``nay.''
  On rollcall No. 711 I was taking a leave of abence. Had I been 
present, I would have voted ``nay.'' On rollcall No. 712, I was taking 
a leave of absence. Had I been present, I would have voted ``nay.'' On 
rollcall No. 713 I was taking a leave of absence. Had I been present, I 
would have voted ``yea.'' On rollcall No. 714, I was taking a leave of 
absence. Had I been present, I would have voted ``nay.'' On rollcall 
No. 715, I was taking a leave of absence. Had I been present, I would 
have voted ``yea.''

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. MICHAEL M. HONDA

                             of california

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. HONDA. Madam Speaker, on Monday, July 23, and Tuesday, July 24, I 
was unavoidably detained due to family medical matters in California 
and was not present for a number of rollcall votes on those days.
  Had I been present I would have voted:
  ``Yea'' on rollcall 687, H.R. 404, the Federal Customer Service 
Enhancement Act.
  ``Yea'' on rollcall 688, H. Res. 553, Mourning the passing of former 
First Lady, Lady Bird Johnson.
  ``Yea'' on rollcall 689, H. Res. 519, Honoring the life and 
accomplishments of renowned artist Tom Lea on the 100th anniversary of 
his birth.
  ``Yea'' on rollcall 690, a Motion on Ordering the Previous Question 
on H. Res. 558.
  ``Nay'' on rollcall 691, an amendment offered by Representative Mica 
to H.R. 3074.
  ``Nay'' on rollcall 692, an amendment offered by Representative 
Bachmann to H.R. 3074.
  ``Nay'' on rollcall 693, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 694, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 695, an amendment offered by Representative 
Chabot to H.R. 3074.
  ``Nay'' on rollcall 696, an amendment offered by Representative 
Westmoreland to H.R. 3074.
  ``Nay'' on rollcall 697, an amendment offered by Representative 
Sessions to H.R. 3074.
  ``Nay'' on rollcall 698, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 699, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 700, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 701, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Nay'' on rollcall 702, an amendment offered by Representative Flake 
to H.R. 3074.
  ``Yea'' on rollcall 703, an amendment offered by Representative 
Hastings (Florida) to H.R. 3074.
  ``Nay'' on rollcall 704, an amendment offered by Representative 
Frelinghuysen to H.R. 3074.
  ``Nay'' on rollcall 705, an amendment offered by Representative 
Hensarling to H.R. 3074.
  ``Nay'' on rollcall 706, an amendment offered by Representative 
Hensarling to H.R. 3074.
  ``Nay'' on rollcall 707, an amendment offered by Representative 
Hunter to H.R. 3074.
  ``Nay'' on rollcall 708, an amendment offered by Representative 
Jordan to H.R. 3074.
  ``Nay'' on rollcall 709, an amendment offered by Representative Price 
(Georgia) to H.R. 3074.
  ``Nay'' on rollcall 710, an amendment offered by Representative 
Musgrave to H.R. 3074.
  ``Nay'' on rollcall 711, an amendment offered by Representative Price 
(Georgia) to H.R. 3074.
  ``Nay'' on rollcall 712, an amendment offered by Representative King 
(Iowa) to H.R. 3074.
  ``Yea'' on rollcall 713, an amendment offered by Representative Frank 
to H.R. 3074.
  ``Nay'' on rollcall 714, a Motion to Recommit H.R. 3074.
  ``Yea'' on rollcall 715, H.R. 3074, the Fiscal Year 2008 
Transportation/HUD Appropriations Act.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. SUE WILKINS MYRICK

                           of north carolina

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mrs. MYRICK. Madam Speaker, I was unable to participate in the 
following votes. If I had been present, I would have voted as follows:
  July 24, 2007
  Roll call vote 691, on agreeing to the Mica (FL) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 692, on agreeing to the Bachmann (MN) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 693, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 694, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 695, on agreeing to the Chabot (OH) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 696, on agreeing to the Westmoreland (GA) amendment--
H.R. 3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 697, on agreeing to the Sessions (TX) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 698, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 699, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 700, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 701, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and

[[Page 20770]]

Urban Development, and related agencies appropriations for FY 2008--I 
would have voted aye.
  Roll call vote 702, on agreeing to the Flake (AZ) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted aye.
  Roll call vote 703, on agreeing to the Hastings (FL) amendment--H.R. 
3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted nay.
  Roll call vote 704, on agreeing to the Frelinghuysen (NJ) amendment--
H.R. 3074, the Departments of Transportation, and Housing and Urban 
Development, and related agencies appropriations for FY 2008--I would 
have voted nay.

                          ____________________




            IN RECOGNITION OF STAND UP EFFORTS OF STAND DOWN

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. GALLEGLY. Madam Speaker, I rise to recognize the outstanding 
achievements of Ventura County Stand Down, which this weekend will mark 
15 years of helping homeless veterans combat life on the streets.
  During the three-day, two-night Stand Down, veterans will live on the 
campus of the California Army National Guard Armory in military-style 
tents erected by the Seabees. They will have access to shower 
facilities, toiletries, new and used clean clothing, and hot meals each 
day.
  Working in conjunction with dozens of public and private agencies, 
Stand Down 2007 will provide homeless veterans with a myriad of 
services such as medical treatment, legal services, prescription 
lenses, employment counseling and referrals, VA benefits, drug and 
alcohol counseling, general relief information, transitional housing 
information, along with a range of other government and social 
services.
  It's a monumental undertaking. Ventura County Stand Down would not be 
a success--or have even been launched--without the skill and 
perseverance of Claire Hope, the founder and executive committee 
chairperson of Ventura County Stand Down. The daughter of a World War 
II veteran and mother of a veteran of Desert Storm, Claire Hope has a 
soft heart for veterans and a strong will to help those in need.
  She is not alone. About 300 volunteers help each year with the 
efforts. Another nearly 300 companies, corporations, and non-profit 
organizations are on board. About 20 service providers take part and 20 
committees oversee all aspects of the event, from planning, to 
execution, to cleanup, to follow-up.
  Many of the volunteers have been with Claire since the beginning. 
While I can't name them all, I would be remiss without noting several 
key people whose efforts have meant so much to our veterans. They 
include:
  Duane Dammeyer, Public Defender; J. Roger Myers, Legal Counsel; Bob 
Reeves, Grounds; Hal Nachenberg, VA Benefits and Services; Joseph 
Narkevitz and Robert Reed, PTSD & Intervention Counseling; Herb 
Williams, On-Site Activities; Bob Adams, Job Placement; Betty Zamost, 
Homeless Program VA Administration; Judge John Dobroth, Superior Court; 
Dr. Cal Farmer, Entertainment/Ambiance; Madeline Lee, Toiletries; Marie 
Williams, Transportation; Gene Ogden, Adopt-A-Veteran Program; and, 
Mary Ann Foushee, Social Security Administration.
  Madam Speaker, I know my colleagues will join me in recognizing the 
importance of Ventura County Stand Down and in thanking Claire Hope and 
her myriad of volunteers for their selfless efforts in helping those 
who served our country and who fell on hard times to have a fighting 
chance to resume a life of stability and peace. It's a yeoman's effort, 
and one worth undertaking.

                          ____________________




 COMMEMORATING THE 100TH ANNIVERSARY OF THE CORNERSTONE LAYING OF THE 
            PILGRIM MONUMENT IN PROVINCETOWN, MASSACHUSETTS

                                 ______
                                 

                        HON. WILLIAM D. DELAHUNT

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. DELAHUNT. Madam Speaker, it is with enormous pride that I rise 
today to commemorate an important historical milestone in America's 
history, the 100th anniversary of the cornerstone laying of the Pilgrim 
Monument in Provincetown, MA.
  The Pilgrims arrived on our shores with their many hopes and dreams; 
they worked hard and suffered greatly in order to fulfill them. Now, 
people around the country, from schoolchildren studying them as part of 
their American history curriculum to families gathering together on the 
fourth Thursday of every November in the spirit of thankfulness, the 
story of the Pilgrims and America's First Thanksgiving is enshrined in 
our collective memory. On Monday, August 20, 2007, a variety of friends 
and admirers will gather at the Pilgrim Monument to celebrate the 100th 
anniversary of the laying of the Monument's cornerstone in 1907.
  The 252-foot-tall Pilgrim Memorial Monument was constructed between 
1907 and 1910 to commemorate the first landing of the Pilgrims and the 
signing of the Mayflower Compact in Provincetown Harbor in 1620. It was 
built by the Cape Cod Pilgrim Memorial Association, which was 
established by a special act of the Massachusetts legislature on 
February 29, 1892, to raise funds to build the Monument. The 
Association raised $92,000 in federal, state and private funds, while 
the land was donated by the town of Provincetown. The cornerstone of 
the Monument was laid on August 20, 1907 at a ceremony attended by 
President Theodore Roosevelt, and the completed Monument was dedicated 
in 1910 at a ceremony attended by President William Howard Taft.
  Since its completion in 1910, the Monument has become a symbol of the 
role Provincetown played in the early history of our country. In the 
century since its construction, the Monument has attracted millions of 
visitors from across the United States and around the world. The 
Provincetown Museum has excelled in its mission of detailing not only 
the events surrounding the Pilgrims' first landfall but also the place 
Provincetown occupies in New England's cultural and maritime history.
  On August 20, 2007, a host of well wishers will join the entire 
Provincetown community in a parade and gathering at the Monument to 
commemorate its place in Massachusetts' and America's history. And it 
is with equal pleasure that I enter this tribute into the Congressional 
Record so that this milestone is officially recognized and recorded in 
the official history of the United States of America.

                          ____________________




                   THE MERCED COUNTY VFW HONOR GUARD

                                 ______
                                 

                         HON. DENNIS A. CARDOZA

                             of california

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. CARDOZA. Madam Speaker, it is with the greatest pleasure and 
gratitude that I rise today to recognize the Merced County VFW Honor 
Guard for their many years of selfless service on behalf of their 
fellow veterans of the United States of America. I am particularly 
honored to recognize this team of individuals as they served as Honor 
Guard at the burial service of my own father, Manuel Cardoza, who 
served in the U.S. Merchant Marines during World War II.
  For many years, members of the Winton VFW Post #7792, the Atwater VFW 
Post #9946, and the Merced VFW Post #4327 worked together to help 
conduct proper burial services for our local veterans. These 
individuals have worked long hours and gruesome schedules in order to 
serve their fellow veterans. Within the last few years, they have 
averaged 157 burial services, dedicated 4511 man hours, and traveled 
more than 4800 miles each year.
  I would like to take a moment to recite the names of the veterans who 
have dedicated their time, energy and resources to providing their 
fellow veterans with honorable burial services as members of the Honor 
Burial Team. Madam Speaker, I ask my colleagues to join me in honoring 
those members of the Honor Guard who have gone before us: Louis 
Gonzales #9946, Paul Gunderson #7792, Ernie Dominquez #4327, Wyn 
Aguirre #9946, David Barrone #9946, John Aue #9946, Mel Hode #9946, 
Vern Kolander #7792, Bill and Evelyn Petrie #7792, Bill Butler #9946, 
Charles Hickman #9946, Frank and Mary Gaffney #9946, and Bryce Tillman 
#9946. And it is with great sincerity that I ask my colleagues to join 
me in honoring the current members of the Merced County Honor Guard: 
Commander Richard Clerkin #7792, Chaplain Ken Wenrich #7792, Honorary 
Chaplain Father Tom Timmings, Rifle Team Captain George Stroud #7792, 
Bugler Bill Dacus #4327, Quarter Master Don Dean #9946, Ray Baker 
#7792, Dick Darby #7792, Ernie Connor #7792, Judge Brown #7792, Gerald 
Dunker

[[Page 20771]]

#7792, Byron McNamara #9946, Ken Henn #9946, John Douglas #9946, Bill 
Oliver #9946, Tony Castro #9946, David Loeser #9946, James Tyson #9946, 
Willie Kimoto #7792, and Ishmael Hernandez #9946.
  Throughout our history, brave men and women have risked their lives 
to preserve freedom for future generations. It is a tradition unlike 
any other. Each member of the United States Armed Forces is an 
inspiration to the American people in their patriotism, skill, and 
selfless dedication to the ideals that make this Nation great. Madam 
Speaker, I ask my colleagues to join me in honoring the Merced County 
VFW Honor Guard for their service and for their selfless commitment to 
honoring their fellow veterans with the most appropriate and necessary 
military burial. I wholeheartedly extend my sincerest appreciation to 
each individual of this outstanding team. Thank you for serving our 
country with bravery and honor, and thank you for continuing to serve 
your fellow veterans.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. JAMES T. WALSH

                              of new york

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. WALSH of New York. Madam Speaker, on rollcall vote No. 712, which 
would have prohibited funds in the fiscal year 2008 Transportation-HUD 
Appropriations Act from being used to implement provisions of the 
Davis-Bacon Act, I was unavoidably detained and unable to vote. Had I 
been present I would have voted ``no.''

                          ____________________




                  RECOGNIZING MATTHEW JAMES BRAMMEIER

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Matthew James 
Brammeier, a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 1360, and in earning the most prestigious 
award of Eagle Scout.
  Matthew has been very active with his troop, participating in many 
Scout activities. Over the many years Matthew has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Matthew 
James Brammeier for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




     INTRODUCTION OF THE EQUAL JUSTICE FOR OUR MILITARY ACT OF 2007

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
the Equal Justice for Our Military Act of 2007--a bill that will give 
our servicemembers equal access to the United States Supreme Court. We 
all know that when American men and women decide to serve their nation 
in the Armed Forces, they make many sacrifices--from lost time with 
their families to irreplaceable losses of lives and limbs. However, 
most Americans are not aware that active-duty servicemembers also 
sacrifice one of the fundamental legal rights that all civilian 
Americans enjoy.
  Under current law, members of the military who are convicted of 
offenses under the military justice system do not have the legal right 
to appeal their cases to the U.S. Supreme Court. It is unjust to deny 
the members of our Armed Forces access to our system of justice as they 
fight for our freedom around the world. They deserve better.
  As the Chairwoman of the Subcommittee on Military Personnel, a long-
time advocate for servicemembers, and a representative of San Diego, 
one of the largest military communities in the nation, I feel an 
obligation to fight to ensure that the members of our military are 
treated fairly. Current law weights the playing field in favor of the 
government, granting the automatic right to Supreme Court review to the 
Department of Defense whenever a servicemember wins his or her case, 
but denying servicemembers that same right when the government wins a 
conviction against them in almost all situations. This is just unfair. 
In the 109th Congress, I introduced legislation to grant our men and 
women in uniform access to the Supreme Court in certain situations.
  Today, I am re-introducing this legislation in expanded form, to 
allow service members in a broader set of circumstances the right to 
Supreme Court appeal. This approach has been endorsed by the American 
Bar Association, the Military Officers Association of America, and many 
other advocates. I believe strongly that it is fundamentally unjust to 
deny those who serve on behalf of our country in the military one of 
the basic rights afforded to all other Americans. I hope that you will 
stand with me in support of this legislation to attain equal treatment 
for those who fight for us.

                          ____________________




        INTRODUCTION OF CAPITAL GAINS AND ESTATE TAX RELIEF ACT

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. MITCHELL. Madam Speaker, earlier today I introduced, along with 
my colleague Chris Shays, the Capital Gains and Estate Tax Relief Act, 
a bill to extend key tax cuts that are critical to middle class 
families in my district and across the country.
  If enacted, the Capital Gains and Estate Tax Relief Act would 
preserve the lower tax on capital gains as well as the reduced estate 
tax which are both set to expire in 2011.
  Several years ago, these tax cuts were championed by President Bush 
and a Republican Congress. Clearly the political winds have changed. 
But in the race to distance ourselves from the former congressional 
leadership, I implore my colleagues to give careful consideration to 
these tax cuts before dismissing them.
  They are sensible. They help millions of middle class Americans. They 
encourage investment and make our tax code more fair and more 
predictable.
  After careful consideration, I believe they should be made permanent 
and bipartisan.
  They affect small businesses. They affect the stock holders. They 
affect anyone who owns a home.
  While, a generation ago, these may have sounded like the lofty 
concerns of the wealthy elite, today, these are mainstream, middle-
class experiences.
  In 1983, less than 20 percent of Americans owned stock. Now, between 
IRAs, 401(k)s, and education savings accounts, more than half of 
Americans do.
  And after a decade and a half of low interest rates, more than two-
thirds of Americans are now homeowners. By 2011, the year that these 
tax cuts expire, economists predict that number will reach 70 percent.
  When it comes time to sell your home or trade your stock, capital 
gains taxes prevent you from making optimal financial decisions. This 
is bad for sellers, bad for buyers, and bad for our economy.
  Decisions like these should be based on personal and financial needs, 
such as paying for college or planning for retirement, not the needs of 
the IRS.
  While it would be impractical for us to eliminate the tax on capital 
gains, I believe we can take steps to minimize its harmful effects. 
Most notably, we can make the temporary cut from 20 percent to 15 
percent permanent.
  The estate tax is equally troublesome. Before the temporary tax cuts 
went into effect, anyone with assets of more than $675,000 at the time 
of his or her death was subject to the estate tax. In calculating this 
amount, the government didn't just count the amount of money in your 
bank account. It also counted the value of your home and the value of 
your investments. And if you owned a small business, the government 
counted the value of that business as well.
  As home values began to rise and the number of small businesses 
continued to grow, more and more middle-class tax payers began 
exceeding this exemption.
  This was a particular problem in Arizona, where home prices have 
increased by more than 150 percent in the past decade. But there are 
many States where the growth of real estate has outpaced Arizona's.
  In other words, if a taxpayer purchased a $250,000 home in the 1990s 
and this home increased in value to $625,000, the owner was only 
allowed $50,000 in additional assets before the Federal Government 
started taking

[[Page 20772]]

away 55 percent of everything else that person owned upon his or her 
death. If that taxpayer was self-employed, owned a small business, or 
had money saved in a retirement account, it is easy to see how quickly 
his or her estate could exceed $675,000.
  Home ownership and small businesses are things we want to promote. 
Over the past decade, small businesses have created more than 60 
percent of new jobs in the United States. In Arizona, small businesses 
account for 97 percent of employer businesses.
  But home ownership and small business development are precisely the 
things that are hurt by the estate tax. It makes it harder for family 
businesses to transfer their assets down from one generation to 
another. When combined with capital gains, it makes it harder for 
parents to realize the benefit of the recent housing boom and share 
that benefit with their children.
  I believe we need an estate tax that takes inflation into account, so 
the value of your property today will be the same as what you would 
like to pass onto your children. H.R. 3170 would permanently reduce the 
estate tax by establishing a system for future increases in the estate 
tax exemption based on inflation.
  The Congressional Budget Office estimates the combined costs of 
making these tax cuts permanent to be $332 billion over 10 years. To 
put this in perspective, we are currently spending $124 billion a year 
on the war in Iraq. If we can find that much to help Iraqis with their 
economy, I believe we can find $332 billion to help our own.
  In March, I voted against the Budget Resolution, H. Con. Res. 99, in 
part, because it failed to extend cuts to the estate and capital gains 
taxes. At the time, I expressed frustration with both Democrats and 
Republicans for failing to work together to create a budget that 
incorporates good ideas from both sides of the aisle.
  When I ran for Congress last year, the one thing I heard over and 
over again from voters was how sick and tired they were of partisan 
bickering in Washington that was getting nothing done.
  I believe we can do better. So today I challenge my colleagues, on 
both sides of the aisle, to do the right thing. Consider this 
legislation, not through a caustic, partisan lens, but on its merits. 
The middle class wants Congress to make these key tax cuts permanent, 
and working together, I know we can make that happen.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, July 26, 2007 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                JULY 31
     9:30 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine the state of the securities 
           markets.
                                                            SD-538
       Foreign Relations
         To hold hearings to examine nuclear energy and 
           nonproliferation challenges, focusing on safeguarding 
           the atom.
                                                            SD-419
     10 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the nominations of Ronald 
           Spoehel, of Virginia, to be Chief Financial Officer, 
           National Aeronautics and Space Administration, William 
           G. Sutton, Jr., of Virginia, to be an Assistant 
           Secretary of Commerce, Thomas J. Barrett, of Alaska, to 
           be Deputy Secretary of Transportation, and Paul R. 
           Brubaker, of Virginia, to be Administrator of the 
           Research and Innovative Technology Administration, 
           Department of Transportation.
                                                            SR-253
       Finance
         To continue hearings to examine carried interest (Part 
           II).
                                                            SD-215
       Homeland Security and Governmental Affairs
         To hold hearings to examine the Department of Homeland 
           Security status report, focusing on measuring progress 
           and confronting new threats.
                                                            SD-342
       Judiciary
         To hold hearings to examine the impact of the Leegin 
           decision.
                                                            SD-226
     2:30 p.m.
       Judiciary
         To hold hearings to examine death and serious injury 
           relating to oxycontin and defective products.
                                                            SD-226
       Intelligence
         To hold closed hearings to examine certain intelligence 
           matters.
                                                            SH-219
     9:30 p.m.
       Veterans' Affairs
         To hold hearings to examine Department of Veterans 
           Affairs and Department of Defense education issues.
                                                            SD-562

                                AUGUST 1
     2:30 p.m.
       Commerce, Science, and Transportation
         To hold an oversight hearing to examine the Department of 
           Justice.
                                                            SR-253
       Homeland Security and Governmental Affairs
       Oversight of Government Management, the Federal Workforce, 
           and the District of Columbia Subcommittee
         To hold hearings to examine the under-representation of 
           Americans at the United Nations and its organizations; 
           focusing on ways to build a stronger American 
           diplomatic presence.
                                                            SD-342
       Energy and Natural Resources
       Water and Power Subcommittee
         To hold hearings to examine S. 1054 and H.R. 122, bills 
           to amend the Reclamation Wastewater and Groundwater 
           Study and Facilities Act to authorize the Secretary of 
           the Interior to participate in the Inland Empire 
           regional recycling project and in the Cucamonga Valley 
           Water District recycling project, S. 1472, to authorize 
           the Secretary of the Interior to create a Bureau of 
           Reclamation partnership with the North Bay Water Reuse 
           Authority and other regional partners to achieve 
           objectives relating to water supply, water quality, and 
           environmental restoration, S. 1475 and H.R. 1526, bills 
           to amend the Reclamation Wastewater and Groundwater 
           Study and Facilities Act to authorize the Bay Area 
           Regional Water Recycling Program, H.R. 30, to amend the 
           Reclamation Wastewater and Groundwater Study and 
           Facilities Act to authorize the Secretary of the 
           Interior to participate in the Eastern Municipal Water 
           District Recycled Water System Pressurization and 
           Expansion Project, H.R. 609, to amend the Reclamation 
           Wastewater and Groundwater Study and Facilities Act to 
           authorize the Secretary of the Interior to participate 
           in the Central Texas Water Recycling and Reuse Project, 
           and H.R. 1175, to amend the Reclamation Wastewater and 
           Groundwater Study and Facilities Act to increase the 
           ceiling on the Federal share of the costs of phase I of 
           the Orange County, California, Regional Water 
           Reclamation Project.
                                                            SD-366
       Intelligence
         To hold hearings to examine the nomination of Donald M. 
           Kerr, of Virginia, to be Principal Deputy Director of 
           National Intelligence.
                                                            SH-219

                                AUGUST 2
     10 a.m.
       Commerce, Science, and Transportation
         Business meeting to consider pending calendar business.
                                                            SR-253
     2:30 p.m.
       Banking, Housing, and Urban Affairs
       Security and International Trade and Finance Subcommittee
         To hold hearings to examine reforming key international 
           financial institutions for the 21st century.
                                                            SD-538
       Intelligence
         To hold closed hearings to examine certain intelligence 
           matters.
                                                            SH-219