[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.
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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.
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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.
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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.
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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.
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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.
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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.
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RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
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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.
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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.
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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.
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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
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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
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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
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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
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(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]]
TH25JY07.001
[[Page 20566]]
TH25JY07.002
[[Page 20567]]
TH25JY07.003
[[Page 20568]]
TH25JY07.004
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TH25JY07.005
[[Page 20570]]
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.
[[Page 20644]]
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;
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(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
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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