[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5334-5349]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 332. Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Cardin) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11

[[Page 5335]]

Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 54, strike line 5 and all that follows through page 
     57, line 9, and insert the following:
       ``(a) Grants Authorized.--The Secretary, through the 
     Administrator, may award grants to State, local, and tribal 
     governments for the purposes of this title.
       ``(b) Programs Not Affected.--This title shall not be 
     construed to affect any authority to award grants under any 
     of the following Federal programs:
       ``(1) The firefighter assistance programs authorized under 
     section 33 and 34 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229 and 2229a).
       ``(2) The Urban Search and Rescue Grant Program authorized 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(3) Grants to protect critical infrastructure, including 
     port security grants authorized under section 70107 of title 
     46, United States Code.
       ``(4) The Metropolitan Medical Response System authorized 
     under section 635 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 723).
       ``(5) Grant programs other than those administered by the 
     Department.
       ``(c) Relationship to Other Laws.--
       ``(1) In general.--The grant programs authorized under this 
     title shall supercede all grant programs authorized under 
     section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
       ``(2) Program integrity.--Each grant program under this 
     title, section 1809 of this Act, or section 662 of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     763) shall include, consistent with the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note), policies and 
     procedures for--
       ``(A) identifying activities funded under any such grant 
     program that are susceptible to significant improper 
     payments; and
       ``(B) reporting the incidence of improper payments to the 
     Department.
       ``(3) Allocation.--Except as provided under paragraph (2) 
     of this subsection, the allocation of grants authorized under 
     this title shall be governed by the terms of this title and 
     not by any other provision of law.
       ``(d) Minimum Performance Requirements.--
       ``(1) In general.--The Administrator shall--
       ``(A) establish minimum performance requirements for 
     entities that receive homeland security grants;
       ``(B) conduct, in coordination with State, regional, local, 
     and tribal governments receiving grants under this title, 
     section 1809 of this Act, or section 662 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 763), 
     simulations and exercises to test the minimum performance 
     requirements established under subparagraph (A) for--
       On page 66, between lines 19 and 20, insert the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $1,278,639,000; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.
       On page 77, strike line 3 and all that follows through page 
     80, line 7, and insert the following:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $913,180,500; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.

     ``SEC. 2005. TERRORISM PREVENTION.

       On page 84, strike line 19 and insert the following:

     ``SEC. 2006. RESTRICTIONS ON USE OF FUNDS.

       On page 85, line 25, strike ``611(j)(8)'' and insert 
     ``611(j)(9)''.
       On page 86, line 2, strike ``5196(j)(8))'' and insert 
     ``5196(j)(9))''.
       On page 87, strike line 22 and insert the following:

     ``SEC. 2007. ADMINISTRATION AND COORDINATION.

       On page 89, line 7, strike ``under this title'' and insert 
     ``under section 2003 or 2004''.
       On page 91, strike line 16 and insert the following:

     ``SEC. 2008. ACCOUNTABILITY.

       On page 94, lines 13 and 14, strike ``the Homeland Security 
     Grant Program'' and insert ``grants made under this title''.
       On page 97, strike lines 7 and 8 and insert the following:

     ``SEC. 2009. AUDITING.

       ``(a) Audits of Grants.--
       On page 104, strike line 7 and all that follows through 
     page 105, line 9, and insert the following:
       ``(d) Definition.--In this section, the term `Emergency 
     Management Performance Grants Program' means the Emergency 
     Management Performance Grants Program under section 662 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 763; Public Law 109-295).

     ``SEC. 2010. SENSE OF THE SENATE.

       ``It is the sense of the Senate that, in order to ensure 
     that the Nation is most effectively able to prevent, prepare 
     for, protect against, respond to, recovery from, and mitigate 
     against 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, the essential building blocks of which include--
       ``(A) the Urban Area Security Initiative and State Homeland 
     Security Grant Program established under this title 
     (including funds dedicated to law enforcement terrorism 
     prevention activities);
       ``(B) the Emergency Communications Operability and 
     Interoperable Communications Grants established under section 
     1809; and
       ``(C) the Emergency Management Performance Grants Program 
     authorized under section 662 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 763); and
       ``(2) to ensure a continuing and appropriate balance 
     between terrorism-focused and all-hazards preparedness, the 
     amounts appropriated for grants under the Urban Area Security 
     Initiative, State Homeland Security Grant Program, and 
     Emergency Management Performance Grants Program in any fiscal 
     year should be in direct proportion to the amounts authorized 
     for those programs for fiscal year 2008 under the amendments 
     made by titles II and IV, as applicable, of the Improving 
     America's Security Act of 2007.''.
       On page 106, strike lines 1 through 9, and insert the 
     following:
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
     is amended 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.
``Sec. 2002. Homeland Security Grant Program.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Terrorism prevention.
``Sec. 2006. Restrictions on use of funds.
``Sec. 2007. Administration and coordination.
``Sec. 2008. Accountability.
``Sec. 2009. Auditing.
``Sec. 2010. Sense of the Senate.''.

       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

       On page 126, between lines 14 and 15, insert the following:

       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

     SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

       Section 622 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 763) is amended to read as follows:

     ``SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) 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.
       ``(2) State.--The term `State' has the meaning given that 
     term in section 101 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       ``(b) In General.--There is an Emergency Management 
     Performance Grants Program to make grants to States to assist 
     State, local, and tribal governments in preparing for, 
     responding to, recovering from, and mitigating against all 
     hazards.
       ``(c) Application.--
       ``(1) In general.--Each State may apply for a grant under 
     this section, and shall submit such information in support of 
     an application as the Administrator may reasonably require.
       ``(2) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis for 
     grants distributed under the program.
       ``(d) Allocation.--Funds available under the Emergency 
     Management Performance Grants Program shall be allocated as 
     follows:
       ``(1) Baseline amount.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each State shall receive an amount equal to 0.75 percent of 
     the total

[[Page 5336]]

     funds appropriated for grants under this section.
       ``(B) Territories.--American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the Virgin Islands each 
     shall receive an amount equal to 0.25 percent of the amounts 
     appropriated for grants under this section.
       ``(2) Per capita allocation.--The funds remaining for 
     grants under this section after allocation of the baseline 
     amounts under paragraph (1) shall be allocated to each State 
     in proportion to its population.
       ``(3) Consistency in allocation.--Notwithstanding 
     paragraphs (1) and (2), in any fiscal year 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.
       ``(e) Allowable Uses.--Grants awarded under this section 
     may be used to prepare for, respond to, recover from, and 
     mitigate against all hazards through--
       ``(1) any activity authorized under title VI or section 201 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5195 et seq. and 5131);
       ``(2) any activity permitted under the Fiscal Year 2007 
     Program Guidance of the Department for Emergency Management 
     Performance Grants; and
       ``(3) any other activity approved by the Administrator that 
     will improve the emergency management capacity of State, 
     local, or tribal governments to coordinate, integrate, and 
     enhance preparedness for, response to, recovery from, or 
     mitigation against all-hazards.
       ``(f) Cost Sharing.--
       ``(1) In general.--Except as provided in subsection (i), 
     the Federal share of the costs of an activity carried out 
     with a grant under this section shall not exceed 50 percent.
       ``(2) In-kind matching.--Each recipient of a grant under 
     this section may meet the matching requirement under 
     paragraph (1) by making in-kind contributions of goods or 
     services that are directly linked with the purpose for which 
     the grant is made.
       ``(g) Distribution of Funds.--The Administrator shall not 
     delay distribution of grant funds to States under this 
     section solely because of delays in or timing of awards of 
     other grants administered by the Department.
       ``(h) Local and Tribal Governments.--
       ``(1) In general.--In allocating grant funds received under 
     this section, a State shall take into account the needs of 
     local and tribal governments.
       ``(2) Indian tribes.--States shall be responsible for 
     allocating grant funds received under this section to tribal 
     governments in order to help those tribal communities improve 
     their capabilities in preparing for, responding to, 
     recovering from, or mitigating against all hazards. Tribal 
     governments shall be eligible for funding directly from the 
     States, and shall not be required to seek funding from any 
     local government.
       ``(i) Emergency Operations Centers Improvement Program.--
       ``(1) In general.--The Administrator may award grants to 
     States under this section to plan for, equip, upgrade, or 
     construct all-hazards State, local, or regional emergency 
     operations centers.
       ``(2) Requirements.--No grant awards under this section 
     (including for the activities specified under this 
     subsection) shall be used for construction unless such 
     construction 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).
       ``(3) Cost sharing.--
       ``(A) In general.--The Federal share of the costs of an 
     activity carried out with a grant under this subsection shall 
     not exceed 75 percent.
       ``(B) In kind matching.--Each recipient of a grant for an 
     activity under this section may meet the matching requirement 
     under subparagraph (A) by making in-kind contributions of 
     goods or services that are directly linked with the purpose 
     for which the grant is made.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $913,180,500; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.''.
                                 ______
                                 
  SA 333. Mr. LEAHY (for himself, Mr. Thomas, Mr. Stevens, Mr. Roberts, 
Mr. Pryor, Mr. Sanders, Mr. Enzi, and Mr. Hatch) submitted an amendment 
intended to be proposed to amendment SA 275 proposed by Mr. Reid (for 
himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the 
United States more secure by implementing unfinished recommendations of 
the 9/11 Commission to fight the war on terror more effectively, to 
improve homeland security, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 69, lines 19 and 20, strike ``0.45 percent'' and 
     insert ``0.75 percent''.
                                 ______
                                 
  SA 334. Mr. BUNNING submitted an amendment intended to be proposed by 
him to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FEDERAL FLIGHT DECK OFFICERS.

       (a) In General.--Section 44921(a) of title 49, United 
     States Code, is amended to read as follows:
       ``(a) Establishment.--The Secretary of Homeland Security 
     shall establish the Federal flight deck officer program to 
     deputize eligible pilots as Federal law enforcement officers 
     to defend against acts of criminal violence or air piracy. 
     Such an officer shall be known as a `Federal flight deck 
     officer'.''.
       (b) Authority To Carry Firearms.--Section 44921(f) of title 
     49, United States Code, is amended to read as follows:
       ``(f) Authority To Carry Firearms.--
       ``(1) In general.--The Secretary shall authorize a Federal 
     flight deck officer to carry a firearm on the officer's 
     person. Notwithstanding subsection (c)(1), the officer may 
     purchase a firearm and carry that firearm in accordance with 
     this section if the firearm is of a type that may be used 
     under the program.
       ``(2) Preemption.--Notwithstanding any other provision of 
     Federal, State, or local law, a Federal flight deck officer 
     may carry a firearm in any State and from one State to 
     another State.
       ``(3) Carrying firearms outside united states.--
       ``(A) In general.--When operating to, from, or within the 
     jurisdiction of a foreign government where an agreement 
     allowing a Federal flight deck officer to carry or possess a 
     firearm is not in effect, a Federal flight deck officer shall 
     be designated as a Federal air marshal for the purposes of 
     complying with international weapons carriage regulations and 
     existing agreements with foreign governments. Nothing in this 
     paragraph shall be construed to allow Federal flight deck 
     officers to receive any other benefit of being so designated.
       ``(B) Requirement to negotiate agreements.--The Secretary 
     of State shall negotiate agreements with foreign governments 
     as necessary to allow Federal flight deck officers to carry 
     and possess firearms within the jurisdictions of such foreign 
     governments for protection of international flights against 
     hijackings or other terrorist acts. Any such agreements shall 
     provide Federal flight deck officers the same rights and 
     privileges accorded Federal air marshals by such foreign 
     governments.
       ``(4) Description of authority and procedures.--The 
     authority of a Federal flight deck officer to carry a firearm 
     shall be identical to such authority granted to any other 
     Federal law enforcement officer under Federal law. The 
     operating procedures applicable to a Federal flight deck 
     officer relating to carrying such firearm shall be no more 
     restrictive than the restrictions for carrying a firearm that 
     are generally imposed on any other Federal law enforcement 
     officer who has statutory authority to carry a firearm.
       ``(5) Locked devices.--
       ``(A) No requirement to use.--A Federal flight deck officer 
     may not be required to carry or transport a firearm in a 
     locked bag, box, or container.
       ``(B) Requirement to provide.--Upon request of a Federal 
     flight deck officer, the Secretary shall provide a secure 
     locking device or other appropriate container for storage of 
     a firearm by the Federal flight deck officer.''.
       (c) Due Process.--Section 44921 of title 49, United States 
     Code, is amended by adding at the end the follow new 
     subsection:
       ``(l) Due Process.--Not later than 90 days after the date 
     of enactment of the Improving America's Security Act of 2007, 
     the Secretary shall establish procedures for the appeal of 
     adverse decisions or actions. Such procedures shall provide 
     timely notice of the action or decision, including specific 
     reasons for the action or decision.''.
       (d) Identification and Screening.--Section 44921 of title 
     49, United States Code, as amended by subsection (c), is 
     further amended by adding at the end the following new 
     subsections:
       ``(m) Credentials.--The Secretary shall issue to each 
     Federal flight deck officer standard Federal law enforcement 
     credentials, including a distinctive metal badge, that are 
     similar to the credentials issued to other Federal law 
     enforcement officers.
       ``(n) Security Inspections.--A Federal flight deck officer 
     may not be subject to greater routine security inspection or 
     screening protocols at or in the vicinity of an airport than 
     the protocols that apply to other Federal law enforcement 
     officers.''.
       (e) Reports to Congress.--Section 44921 of title 49, United 
     States Code, as amended by

[[Page 5337]]

     subsections (c) and (d), is further amended by adding at the 
     end the following new subsection:
       ``(o) Reports to Congress.--
       ``(1) Reports on program.--Not less often than once every 6 
     months, the Secretary, in consultation with the Secretary of 
     State, shall report to Congress on the progress that the 
     Secretary of State has made in implementing international 
     agreements to permit Federal flight deck officers to carry 
     firearms on board an aircraft operating within the 
     jurisdiction of a foreign country.
       ``(2) Report on training.--Not later than 90 days after the 
     date of enactment of the Improving America's Security Act of 
     2007, the Secretary shall report to Congress on the issues 
     raised with respect to training in Department of Homeland 
     Security Office of Inspector General report OIG-07-14 that 
     includes proposals to address the issues raised in such 
     report.''.
       (f) Conforming and Other Amendments.--Section 44921 of 
     title 49, United States Code, as amended by sections (c), 
     (d), and (e), is further amended--
       (1) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary''; and
       (2) by striking subparagraph (G) of subsection (b)(3).
                                 ______
                                 
  SA 335. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg, Mrs. 
Hutchison, Mrs. Boxer, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr. 
Menendez, Mr. Kerry, Mr. Coburn, and Mr. Casey) submitted an amendment 
intended to be proposed to amendment SA 275 proposed by Mr. Reid (for 
himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the 
United States more secure by implementing unfinished recommendations of 
the 9/11 Commission to fight the war on terror more effectively, to 
improve homeland security, and for other purposes; as follows:

       On page 49, line 12, strike all through the matter 
     preceding page 106, line 7, and insert the following:

           TITLE II--RISK-BASED FUNDING FOR HOMELAND SECURITY

     SEC. 201. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       (a) Risk-Based Funding in General.--The Homeland Security 
     Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is 
     amended by adding at the end the following:

          ``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

     ``SEC. 2001. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       ``(a) Risk-Based Funding.--The Secretary shall ensure that 
     homeland security grants are allocated based on an assessment 
     of threat, vulnerability, and consequence to the maximum 
     extent practicable.
       ``(b) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, or mitigate threatened or actual terrorist attacks, 
     especially those involving weapons of mass destruction, and 
     grants provided by the Department for improving homeland 
     security, including the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(4) Citizen corps program.--The Citizen Corps Program of 
     the Department, or any successor to such grant program.
       ``(c) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229 and 
     2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.), the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
       ``(d) Effect on Covered Grants.--Nothing in this Act shall 
     be construed to require the elimination of a covered grant 
     program.''.
       (b) Covered Grant Eligibility and Criteria.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by subsection (a), is amended by adding at 
     the end the following:

     ``SEC. 2002. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--
       ``(1) In general.--
       ``(A) General eligibility.--Except as provided in 
     subparagraphs (B) and (C), any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(B) Urban area security initiative.--Only a region shall 
     be eligible to apply for a grant under the Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(C) State homeland security grant program.--Only a State 
     shall be eligible to apply for a grant under the State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Other grant applicants.--
       ``(A) In general.--Grants provided by the Department for 
     improving homeland security, including to seaports, airports, 
     and other transportation facilities, shall be allocated as 
     described in section 2001(a).
       ``(B) Consideration.--Applications for such grants shall be 
     considered, to the extent determined appropriate by the 
     Secretary, pursuant to the procedures and criteria 
     established in this title, except that the eligibility 
     requirements of paragraph (1) shall not apply.
       ``(3) Certification of regions.--
       ``(A) In general.--The Secretary shall certify a geographic 
     area as a region if--
       ``(i) the geographic area meets the criteria under section 
     2007(10)(B) and (C); and
       ``(ii) the Secretary determines, based on an assessment of 
     threat, vulnerability, and consequence, that certifying the 
     geographic area as a region under this title is in the 
     interest of national homeland security.
       ``(B) Existing urban area security initiative areas.--
     Notwithstanding section 2007(10)(B) and (C), a geographic 
     area that, on or before the date of enactment of the 
     Improving America's Security Act of 2007, was designated as a 
     high-threat urban area for purposes of the Urban Area 
     Security Initiative, shall be certified by the Secretary as a 
     region unless the Secretary determines, based on an 
     assessment of threat, vulnerability, and consequence, that 
     certifying the geographic area as a region is not in the 
     interest of national homeland security.
       ``(b) Grant Criteria.--In awarding covered grants, the 
     Secretary shall assist States, local governments, and 
     operators of airports, ports, or similar facilities in 
     achieving, maintaining, and enhancing the essential 
     capabilities established by the Secretary under section 2003.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     shall submit to the Secretary a 3-year State homeland 
     security plan that--
       ``(A) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(B) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(C) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(D) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(E) is developed in consultation with and subject to 
     appropriate comment by local governments within the State; 
     and
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan.
       ``(2) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, directly eligible tribe, or 
     operator of an airport, port, or similar facility may apply 
     for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants

[[Page 5338]]

     shall be submitted at such time as the Secretary may 
     reasonably require for the fiscal year for which they are 
     submitted. The Secretary shall award covered grants for all 
     approved applications for such fiscal year as soon as 
     practicable, but not later than March 1 of such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the second 
     subsequent fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe or at the airport, port, or similar facility 
     to which the application pertains;
       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 2006(g)(1), would assist in fulfilling the 
     essential capabilities specified in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant;
       ``(iii) a designation of a specific individual to serve as 
     regional liaison; and
       ``(iv) a description of how the governmental entity 
     administering the expenditure of funds under the covered 
     grant plans to allocate the covered grant funds to States, 
     local governments, and Indian tribes;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds; and
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison.
       ``(5) Regional applications.--
       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) State review and submission.--To ensure the 
     consistency required under subsection (d) and the 
     coordination required under subparagraph (A) of this 
     paragraph, an applicant that is a region shall submit its 
     application to each State of which any part is included in 
     the region for review and concurrence before the submission 
     of such application to the Secretary. The regional 
     application shall be transmitted to the Secretary through 
     each such State within 30 days after receipt of the 
     application by that State, unless the Governor of such a 
     State notifies the Secretary, in writing, that such regional 
     application is inconsistent with the State's homeland 
     security plan and provides an explanation of the reasons 
     therefor.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application. In no such case 
     shall the State or States pass through to the region less 
     than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 2006(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe shall submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, and private sector 
     officials to assist in the development of the application of 
     such tribe and to improve the tribe's access to covered 
     grants; and
       ``(ii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 2006(g)(1), the tribe may 
     request payment under section 2006(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary under 
     section 2005(a), the applicant shall include in the 
     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.
       ``(f) Homeland Security Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a Homeland Security Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Deputy Secretary of Homeland Security;
       ``(C) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(D) the Under Secretary for Border and Transportation 
     Security;
       ``(E) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(F) the Under Secretary for Science and Technology; and
       ``(G) the Director of the Office of State and Local 
     Government Coordination.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(3) Risk-based ranking of grant applications.--
       ``(A) Prioritization of grants.--The Board--
       ``(i) shall evaluate and annually prioritize all pending 
     applications for covered grants based upon the degree to 
     which they would, by achieving, maintaining, or enhancing the 
     essential capabilities of the applicants on a nationwide 
     basis, lessen the threat to, vulnerability of, and 
     consequences for persons and critical infrastructure; and
       ``(ii) in evaluating the threat to persons and critical 
     infrastructure for purposes of prioritizing covered grants, 
     shall give greater weight to threats of terrorism based on 
     their specificity and credibility, including any pattern of 
     repetition.

[[Page 5339]]

       ``(B) Minimum amounts.--
       ``(i) In general.--After evaluating and prioritizing grant 
     applications under subparagraph (A), the Board shall ensure 
     that, for each fiscal year, each State that has an approved 
     State homeland security plan receives no less than 0.25 
     percent of the funds available for the State Homeland 
     Security Grant Program, as described in section 2001(b)(1), 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of additional needs under subsection (c)(1)(C).
       ``(ii) Other entities.--Notwithstanding clause (i), the 
     Board shall ensure that, for each fiscal year, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands each receive 0.08 percent of the 
     funds available for the State Homeland Security Grant 
     Program, as described in section 2001(b)(1), for that fiscal 
     year for purposes of implementing its homeland security plan 
     in accordance with the prioritization of additional needs 
     under subsection (c)(1)(C).
       ``(4) Functions of under secretaries.--The Under 
     Secretaries referred to in paragraph (1) shall seek to ensure 
     that the relevant expertise and input of the staff of their 
     directorates are available to and considered by the Board.''.

     SEC. 202. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by section 201, is amended by 
     adding at the end the following:

     ``SEC. 2003. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

       ``(a) Establishment of Essential Capabilities.--
       ``(1) In general.--For purposes of making covered grants, 
     the Secretary shall establish clearly defined essential 
     capabilities for State and local government preparedness for 
     terrorism, in consultation with--
       ``(A) the Task Force on Essential Capabilities established 
     under section 2004;
       ``(B) the Under Secretaries for Emergency Preparedness and 
     Response, Border and Transportation Security, Information 
     Analysis and Infrastructure Protection, and Science and 
     Technology, and the Director of the Office of State and Local 
     Government Coordination;
       ``(C) the Secretary of Health and Human Services;
       ``(D) other appropriate Federal agencies;
       ``(E) State and local first responder agencies and 
     officials; and
       ``(F) consensus-based standard making organizations 
     responsible for setting standards relevant to the first 
     responder community.
       ``(2) Deadlines.--The Secretary shall--
       ``(A) establish essential capabilities under paragraph (1) 
     within 30 days after receipt of the report under section 
     2004(b); and
       ``(B) regularly update such essential capabilities as 
     necessary, but not less than every 3 years.
       ``(3) Provision of essential capabilities.--The Secretary 
     shall ensure that a detailed description of the essential 
     capabilities established under paragraph (1) is provided 
     promptly to the States and to Congress. The States shall make 
     the essential capabilities available as necessary and 
     appropriate to local governments and operators of airports, 
     ports, and other similar facilities within their 
     jurisdictions.
       ``(b) Objectives.--The Secretary shall ensure that 
     essential capabilities established under subsection (a)(1) 
     meet the following objectives:
       ``(1) Specificity.--The determination of essential 
     capabilities specifically shall describe the training, 
     planning, personnel, and equipment that different types of 
     communities in the Nation should possess, or to which they 
     should have access, in order to meet the Department's goals 
     for terrorism preparedness based upon--
       ``(A) the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States;
       ``(B) the types of threats, vulnerabilities, geography, 
     size, and other factors that the Secretary has determined to 
     be applicable to each different type of community; and
       ``(C) the principles of regional coordination and mutual 
     aid among State and local governments.
       ``(2) Flexibility.--The establishment of essential 
     capabilities shall be sufficiently flexible to allow State 
     and local government officials to set priorities based on 
     particular needs, while reaching nationally determined 
     terrorism preparedness levels within a specified time period.
       ``(3) Measurability.--The establishment of essential 
     capabilities shall be designed to enable measurement of 
     progress toward specific terrorism preparedness goals.
       ``(4) Comprehensiveness.--The determination of essential 
     capabilities for terrorism preparedness shall be made within 
     the context of a comprehensive State emergency management 
     system.
       ``(c) Factors To Be Considered.--
       ``(1) In general.--In establishing essential capabilities 
     under subsection (a)(1), the Secretary specifically shall 
     consider the variables of threat, vulnerability, and 
     consequences with respect to the Nation's population 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such consideration shall be based 
     upon the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States.
       ``(2) Critical infrastructure sectors.--The Secretary 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     Nation, urban and rural:
       ``(A) Agriculture.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Food.
       ``(H) Government.
       ``(I) Postal and shipping.
       ``(J) Public health.
       ``(K) Information and telecommunications networks.
       ``(L) Transportation.
       ``(M) Water.
     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Secretary specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the Nation, urban and rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.
     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--In establishing 
     essential capabilities under subsection (a)(1), the Secretary 
     shall take into account any other specific threat to a 
     population (including a transient commuting or tourist 
     population) or critical infrastructure sector that the 
     Secretary has determined to exist.

     ``SEC. 2004. TASK FORCE ON ESSENTIAL CAPABILITIES.

       ``(a) Establishment.--To assist the Secretary in 
     establishing essential capabilities under section 2003(a)(1), 
     the Secretary shall establish an advisory body pursuant to 
     section 871(a) not later than 60 days after the date of the 
     enactment of this section, which shall be known as the Task 
     Force on Essential Capabilities.
       ``(b) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, not later than 9 months after its establishment by 
     the Secretary under subsection (a) and every 3 years 
     thereafter, a report on its recommendations for essential 
     capabilities for preparedness for terrorism.
       ``(2) Contents.--The report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to Congress 
     on determining the appropriate allocation of, and funding 
     levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of past 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities are, to the extent feasible, consistent with any 
     preparedness goals or recommendations of the Federal working 
     group established under section 319F(a) of the Public Health 
     Service Act (42 U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken

[[Page 5340]]

     since September 11, 2001, to prevent or prepare for terrorist 
     attacks.
       ``(c) Membership.--
       ``(1) In general.--The Task Force shall consist of 35 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic and substantive cross 
     section of governmental and nongovernmental first responder 
     disciplines from the State and local levels, including as 
     appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing 1 of the 2 major 
     political parties, an equal number of elected officials shall 
     be selected from each such party.
       ``(2) Coordination with the department of health and human 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate the selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate 1 or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(d) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 2005. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall, not later 
     than 6 months after the date of enactment of this section, 
     support the development of, promulgate, and update as 
     necessary national voluntary consensus standards for the 
     performance, use, and validation of first responder equipment 
     for purposes of section 2002(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods, and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall support the 
     development of, promulgate, and regularly update as necessary 
     national voluntary consensus standards for first responder 
     training carried out with amounts provided under covered 
     grant programs, that will enable State and local government 
     first responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, and mitigate terrorist threats, including threats 
     from chemical, biological, nuclear, and radiological weapons 
     and explosive devices capable of inflicting significant human 
     casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program;
       ``(13) the National Domestic Preparedness Consortium; and
       ``(14) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.

     SEC. 203. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY 
                   GRANTS.

       (a) Use of Grant Funds and Accountability.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by sections 201 and 202, is amended by 
     adding at the end the following:

     ``SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing, upgrading, or maintaining equipment, 
     including computer software, to enhance terrorism 
     preparedness and response;
       ``(2) exercises to strengthen terrorism preparedness and 
     response;
       ``(3) training for prevention (including detection) of, 
     preparedness for, or response to attacks involving weapons of 
     mass destruction, including training in the use of equipment 
     and computer software;
       ``(4) developing or updating response plans;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness and response purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in

[[Page 5341]]

     threat alert level issued by a State, region, or local 
     government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities;
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities; and
       ``(D) participation in information, investigative, and 
     intelligence-sharing activities specifically related to 
     terrorism prevention;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) target hardening to reduce the vulnerability of high-
     value targets, as determined by the Secretary;
       ``(10) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(11) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, determines best suited to 
     facilitate interoperability, coordination, and integration 
     between and among emergency communications systems, and that 
     complies with prevailing grant guidance of the Department for 
     interoperable communications;
       ``(12) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(13) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prepare for and respond to an act of terrorism;
       ``(14) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds that have been 
     obligated for a homeland security or other first responder-
     related project;
       ``(2) to construct buildings or other physical facilities, 
     except for--
       ``(A) activities under section 611 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196); and
       ``(B) upgrading facilities to protect against, test for, 
     and treat the effects of biological agents, which shall be 
     included in the homeland security plan approved by the 
     Secretary under section 2002(c);
       ``(3) to acquire land; or
       ``(4) for any State or local government cost-sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary under section 2003.
       ``(d) Reimbursement of Costs.--In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in training covered by this 
     section. Any such reimbursement shall not be considered 
     compensation for purposes of rendering such a first responder 
     an employee under the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).
       ``(e) Assistance Requirement.--The Secretary may not 
     request that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary pays the costs directly 
     attributable to transporting and operating such equipment 
     during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination of funds and resources having 
     value equal to at least 80 percent of the amount of the 
     grant, by not later than the end of the 45-day period 
     beginning on the date the grant recipient receives the grant 
     funds.
       ``(2) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds under paragraph (1).
       ``(3) Quarterly report on homeland security spending.--Each 
     recipient of a covered grant shall submit a quarterly report 
     to the Secretary not later than 30 days after the end of each 
     fiscal quarter. Each report shall include, for each recipient 
     of a covered grant or a pass-through under paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(4) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     fiscal year. Each recipient of a covered grant that is a 
     region shall simultaneously submit its report to each State 
     of which any part is included in the region. Each recipient 
     of a covered grant that is a directly eligible tribe shall 
     simultaneously submit its report to each State within the 
     boundaries of which any part of such tribe is located. Each 
     report shall include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(5) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (4) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(6) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (4) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office of State and Local Government 
     Coordination.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 2002(e)(5)(E) or paragraph (1) of this 
     subsection for an additional 15-day period.

[[Page 5342]]

     The Secretary may approve such a request, and may extend such 
     period for additional 15-day periods, if the Secretary 
     determines that the resulting delay in providing grant 
     funding to the local government entities that will receive 
     funding under the grant will not have a significant 
     detrimental impact on such entities' terrorism preparedness 
     efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraph 
     (B).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress by December 31 of each year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established under 
     section 2003(a) as a result of the expenditure of covered 
     grant funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established under section 2003(a).''.
       (b) Sense of Congress Regarding Citizen Corps Councils.--
       (1) Finding.--Congress finds that Citizen Corps councils 
     help to enhance local citizen participation in terrorism 
     preparedness by coordinating multiple Citizen Corps programs, 
     developing community action plans, assessing possible 
     threats, and identifying local resources.
       (2) Sense of congress.--It is the sense of Congress that 
     individual Citizen Corps councils should seek to enhance the 
     preparedness and response capabilities of all organizations 
     participating in the councils, including by providing funding 
     to as many of their participating organizations as 
     practicable to promote local terrorism preparedness programs.
       (c) Required Coordination.--The Secretary shall ensure that 
     there is effective and ongoing coordination of Federal 
     efforts to prevent, prepare for, and respond to acts of 
     terrorism and other major disasters and emergencies among the 
     divisions of the Department, including the Directorate of 
     Emergency Preparedness and Response and the Office for State 
     and Local Government Coordination and Preparedness.
       (d) Coordination of Industry Efforts.--Section 102(f) of 
     the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (10), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(11) coordinating industry efforts, with respect to 
     functions of the Department, to identify private sector 
     resources and capabilities that could be effective in 
     supplementing Federal, State, and local government agency 
     efforts to prevent or respond to a terrorist attack.''.
       (e) Study Regarding Nationwide Emergency Notification 
     System.--
       (1) Study.--The Secretary, in consultation with the heads 
     of other appropriate Federal agencies and representatives of 
     providers and participants in the telecommunications 
     industry, shall conduct a study to determine whether it is 
     cost effective, efficient, and feasible to establish and 
     implement an emergency telephonic alert notification system 
     that will--
       (A) alert persons in the United States of imminent or 
     current hazardous events caused by acts of terrorism; and
       (B) provide information to individuals regarding 
     appropriate measures that may be undertaken to alleviate or 
     minimize threats to their safety and welfare posed by such 
     events.
       (2) Technologies to consider.--In conducting the study 
     under paragraph (1), the Secretary shall consider the use of 
     the telephone, wireless communications, and other existing 
     communications networks to provide such notification.
       (3) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report regarding the conclusions of the study conducted 
     under paragraph (1).
       (f) Study of Expansion of Area of Jurisdiction of Office of 
     National Capital Region Coordination.--
       (1) Study.--The Secretary, acting through the Director of 
     the Office of National Capital Region Coordination, shall 
     conduct a study of the feasibility and desirability of 
     modifying the definition of ``National Capital Region'' 
     applicable under section 882 of the Homeland Security Act of 
     2002 (6 U.S.C. 462) to expand the geographic area under the 
     jurisdiction of the Office of National Capital Region 
     Coordination.
       (2) Factors.--In conducting the study under paragraph (1), 
     the Secretary shall analyze whether expanding the geographic 
     area under the jurisdiction of the Office of National Region 
     Coordination will--
       (A) promote coordination among State and local governments 
     within the Region, including regional governing bodies, and 
     coordination of the efforts of first responders; and
       (B) enhance the ability of such State and local governments 
     and the Federal Government to prevent and respond to a 
     terrorist attack within the Region.
       (3) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the study conducted under paragraph (1), and 
     shall include in the report such recommendations (including 
     recommendations for legislation to amend section 882 of the 
     Homeland Security Act of 2002 (6 U.S.C. 462)) as the 
     Secretary considers appropriate.
       (g) Study of Risk Allocation for Port Security Grants.--
       (1) Study.--The Secretary shall conduct a study of the 
     factors to be used for the allocation of funds based on risk 
     for port security grants made under section 70107 of title 
     46, United States Code.
       (2) Factors.--In conducting the study, the Secretary shall 
     analyze the volume of international trade and economic 
     significance of each port.
       (3) Report.--Not later than 90 days after the enactment of 
     the Act, the Secretary shall submit a report to Congress on 
     the study and shall include recommendations for using such 
     factors in allocating grant funds to ports.
       (h) Study of Allocation of Assistance to Firefighter 
     Grants.--
       (1) Study.--The Secretary shall conduct a study of the 
     allocation of grant fund awards made under the Assistance to 
     Firefighter Grants program and shall analyze the distribution 
     of awards by State.
       (2) Factors.--In conducting the study, the Secretary shall 
     analyze the number of awards and the per capita amount of 
     grant funds awarded to each State and the level of unmet 
     firefighting equipment needs in each State. The study shall 
     also analyze whether allowing local departments to submit 
     more than 1 annual application and expanding the list of 
     eligible applicants for such grants to include States will 
     enhance the ability of State and local governments to respond 
     to fires.
       (3) Report.--Not later than 90 days after the date of 
     enactment of the Act, the Secretary shall submit a report to 
     Congress on the study and shall include recommendations for 
     legislation amending the factors used in allocating grant 
     funds to insure that critical firefighting needs are 
     addressed by the program in all areas of the Nation.

     SEC. 204. MINIMUM PERFORMANCE REQUIREMENTS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by sections 201, 202, and 203 
     is amended by adding at the end the following:

     ``SEC. 2007. MINIMUM PERFORMANCE REQUIREMENTS.

       ``(a) In General.--The Administrator shall--
       ``(1) establish minimum performance requirements for 
     entities that receive homeland security grants;
       ``(2) conduct, in coordination with State, regional, local, 
     and tribal governments receiving grants under the Homeland 
     Security Grant Program, simulations and exercises to test the 
     minimum performance requirements established under paragraph 
     (1) for--

[[Page 5343]]

       ``(A) emergencies (as that term is defined in section 102 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)) and major disasters not less 
     than twice each year; and
       ``(B) catastrophic incidents (as that term is defined in 
     section 501) not less than once each year; and
       ``(3) ensure that entities that the Administrator 
     determines are failing to demonstrate minimum performance 
     requirements established under paragraph (1) shall remedy the 
     areas of failure, not later than the end of the second full 
     fiscal year after the date of such determination by--
       ``(A) establishing a plan for the achievement of the 
     minimum performance requirements under paragraph (1), 
     including--
       ``(i) developing intermediate indicators for the 2 fiscal 
     years following the date of such determination; and
       ``(ii) conducting additional simulations and exercises; and
       ``(B) revising an entity's homeland security plan, if 
     necessary, to achieve the minimum performance requirements 
     under paragraph (1).
       ``(b) Waiver.--At the discretion of the Administrator, the 
     occurrence of an actual emergency, major disaster, or 
     catastrophic incident in an area may be deemed as a 
     simulation under subsection (a)(2).
       ``(c) Report to Congress.--Not later than the end of the 
     first full fiscal year after the date of enactment of the 
     Improving America's Security Act of 2007, and each fiscal 
     year thereafter, the Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and to the Committee on Homeland Security of the 
     House of Representatives a report describing--
       ``(1) the performance of grantees under subsection (a)(1);
       ``(2) lessons learned through the simulations and exercises 
     under subsection (a)(2); and
       ``(3) efforts being made to remedy failed performance under 
     subsection (a)(3).''.

     SEC. 205. AUDITS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by sections 201, 202, 203, 
     and 204 is amended by adding at the end the following:

     ``SEC. 2008. AUDITING.

       ``(a) Audit of Grants.--
       ``(1) In general.--Not later than the date described in 
     paragraph (2), and every 2 years thereafter, the Inspector 
     General of the Department shall conduct an audit of each 
     entity that receives a covered grant or a grant under section 
     1809 to evaluate the use of funds under such grant program by 
     such entity.
       ``(2) Timing.--The date described in this paragraph is the 
     later of 2 years after--
       ``(A) the date of enactment of the Improving America's 
     Security Act of 2007; and
       ``(B) the date that an entity first receives a covered 
     grant or a grant under section 1809, as the case may be.
       ``(3) Contents.--Each audit under this subsection shall 
     evaluate--
       ``(A) the use of funds under the relevant grant program by 
     an entity during the 2 full fiscal years before the date of 
     that audit; and
       ``(B) whether funds under that grant program were used by 
     that entity as required by law.
       ``(4) Public availability on website.--The Inspector 
     General of the Department shall make each audit under this 
     subsection available on the website of the Inspector General.
       ``(5) Reporting.--
       ``(A) In general.--Not later than 2 years and 60 days after 
     the date of enactment of the Improving America's Security Act 
     of 2007, and annually thereafter, the Inspector General of 
     the Department shall submit to Congress a consolidated report 
     regarding the audits conducted under this subsection.
       ``(B) Contents.--Each report submitted under this paragraph 
     shall describe--
       ``(i)(I) for the first such report, the audits conducted 
     under this subsection during the 2-year period beginning on 
     the date of enactment of the Improving America's Security Act 
     of 2007; and
       ``(II) for each subsequent such report, the audits 
     conducted under this subsection during the fiscal year before 
     the date of the submission of that report;
       ``(ii) whether funds under each grant audited during the 
     period described in clause (i) that is applicable to such 
     report were used as required by law.
       ``(b) Audit of Other Preparedness Grants.--
       ``(1) In general.--Not later than the date described in 
     paragraph (2), the Inspector General of the Department shall 
     conduct an audit of each entity that receives a covered grant 
     or a grant under section 1809 to evaluate the use by that 
     entity of any grant for preparedness administered by the 
     Department that was awarded before the date of enactment of 
     the Improving America's Security Act of 2007.
       ``(2) Timing.--The date described in this paragraph is the 
     later of 2 years after--
       ``(A) the date of enactment of the Improving America's 
     Security Act of 2007; and
       ``(B) the date that an entity first receives a covered 
     grant or a grant under section 1809, as the case may be.
       ``(3) Contents.--Each audit under this subsection shall 
     evaluate--
       ``(A) the use of funds by an entity under any grant for 
     preparedness administered by the Department that was awarded 
     before the date of enactment of the Improving America's 
     Security Act of 2007;
       ``(B) whether funds under each such grant program were used 
     by that entity as required by law; and
       ``(C) the extent to which such funds were used to enhance 
     preparedness.
       ``(4) Public availability on website.--The Inspector 
     General of the Department shall make each audit under this 
     subsection available on the website of the Inspector General.
       ``(5) Reporting.--
       ``(A) In general.--Not later than 2 years and 60 days after 
     the date of enactment of the Improving America's Security Act 
     of 2007, and annually thereafter, the Inspector General of 
     the Department shall submit to Congress a consolidated report 
     regarding the audits conducted under this subsection.
       ``(B) Contents.--Each report submitted under this paragraph 
     shall describe--
       ``(i)(I) for the first such report, the audits conducted 
     under this subsection during the 2-year period beginning on 
     the date of enactment of the Improving America's Security Act 
     of 2007; and
       ``(II) for each subsequent such report, the audits 
     conducted under this subsection during the fiscal year before 
     the date of the submission of that report;
       ``(ii) whether funds under each grant audited were used as 
     required by law; and
       ``(iii) the extent to which funds under each grant audited 
     were used to enhance preparedness.
       ``(c) Funding for Audits.--
       ``(1) In general.--The Administrator shall withhold 1 
     percent of the total amount of each covered grant or a grant 
     under section 1809 for audits under this section.
       ``(2) Availability of funds.--The Administrator shall make 
     amounts withheld under this subsection available as follows:
       ``(A) Amounts withheld from grants under the State Homeland 
     Security Grant Program shall be made available for audits 
     under this section of entities receiving grants under the 
     State Homeland Security Grant Program.
       ``(B) Amounts withheld from grants under the Urban Area 
     Security Initiative shall be made available for audits under 
     this section of entities receiving grants under the Urban 
     Area Security Initiative.
       ``(C) Amounts withheld from grants under the Law 
     Enforcement Terrorism Prevention Program shall be made 
     available for audits under this section of entities receiving 
     grants under the Law Enforcement Terrorism Prevention Grant 
     Program.
       ``(D) Amounts withheld from grants under the Citizen Corps 
     Program shall be made available for audits under this section 
     of entities receiving grants under the Citizen Corps Program.
       ``(E) Amounts withheld from grants under section 1809 shall 
     be made available for audits under this section of entities 
     receiving grants under section 1809.''.

     SEC. 206. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

       (a) Technical and Conforming Amendment.--Section 1014 of 
     the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
       (1) by striking subsection (c)(3);
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Administration.--Grants under this section shall be 
     administered in accordance with title XX of the Homeland 
     Security Act of 2002.''.
       (b) Temporary Limitations on Application.--
       (1) 1-year delay in application.--The following provisions 
     of title XX of the Homeland Security Act of 2002, as added by 
     this Act, shall not apply during the 1-year period beginning 
     on the date of enactment of this Act--
       (A) Subsections (b), (c), and (e)(4) (A) and (B) of section 
     2002; and
       (B) In section 2002(f)(3)(A)(i), the phrase ``by achieving, 
     maintaining, or enhancing the essential capabilities of the 
     applicants on a nationwide basis,''.
       (2) 2-year delay in application.--The following provisions 
     of title XX of the Homeland Security Act of 2002, as added by 
     this Act, shall not apply during the 2-year period beginning 
     on the date of enactment of this Act--
       (A) Subparagraphs (D) and (E) of section 2006(g)(4); and
       (B) Section 2006(i)(3).
       (c) Definitions.--
       (1) Title xx.--Title XX of the Homeland Security Act of 
     2002, as amended by sections 201, 202, 203, 204, and 205 is 
     amended by adding at the end the following:

     ``SEC. 2009. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the Homeland Security 
     Grants Board established under section 2002(f).
       ``(2) Consequence.--The term `consequence' means the 
     assessment of the effect of a completed attack.
       ``(3) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 2001(b).

[[Page 5344]]

       ``(4) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for self-governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to 1 of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(5) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second-highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(6) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).
       ``(7) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, and respond to acts of 
     terrorism consistent with established practices.
       ``(8) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider' under section 2.
       ``(9) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(10) Region.--The term `region' means any geographic 
     area--
       ``(A) certified by the Secretary under section 2002(a)(3);
       ``(B) consisting of all or parts of 2 or more counties, 
     municipalities, or other local governments and including a 
     city with a core population exceeding 500,000 according to 
     the most recent estimate available from the United States 
     Census; and
       ``(C) that, for purposes of an application for a covered 
     grant--
       ``(i) is represented by 1 or more local governments or 
     governmental agencies within such geographic area; and
       ``(ii) is established by law or by agreement of 2 or more 
     such local governments or governmental agencies, such as 
     through a mutual aid agreement.
       ``(11) Risk-based funding.--The term `risk-based funding' 
     means the allocation of funds based on an assessment of 
     threat, vulnerability, and consequence.
       ``(12) Task force.--The term `Task Force' means the Task 
     Force on Essential Capabilities established under section 
     2004.
       ``(13) Threat.--The term `threat' means the assessment of 
     the plans, intentions, and capability of an adversary to 
     implement an identified attack scenario.
       ``(14) Vulnerability.--The term `vulnerability' means the 
     degree to which a facility is available or accessible to an 
     attack, including the degree to which the facility is 
     inherently secure or has been hardened against such an 
     attack.''.
       (2) Definition of emergency response providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101(6)) is amended by striking ``includes'' and all 
     that follows and inserting ``includes Federal, State, and 
     local governmental and nongovernmental emergency public 
     safety, law enforcement, fire, emergency response, emergency 
     medical (including hospital emergency facilities), and 
     related personnel, organizations, agencies, and 
     authorities.''.
       (d) Table of Contents.--Section 1(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101 note) is amended in the 
     table of contents by adding at the end the following:

          ``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 2001. Risk-Based funding for homeland security.
``Sec. 2002. Covered grant eligibility and criteria.
``Sec. 2003. Essential capabilities for homeland security.
``Sec. 2004. Task Force on Essential Capabilities.
``Sec. 2005. National standards for first responder equipment and 
              training.
``Sec. 2006. Use of funds and accountability requirements.
``Sec. 2007. Minimum performance requirements.
``Sec. 2008. Auditing.
``Sec. 2009. Definitions.''.

       On page 116, line 8, strike ``0.75 percent'' and insert 
     ``0.25 percent''.
       On page 116, line 13, strike ``0.25 percent'' and insert 
     ``0.08 percent''.
       On page 347, strike lines 19 through 22, and insert the 
     following:
       ``(1) result in distributions to public safety entities 
     among the several States that ensure that for each fiscal 
     year--
       ``(A) no State receives less than an amount equal to 0.25 
     percent of the total funds appropriated for such grants; and
       ``(B) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands each receive no 
     less than 0.08 percent of the amounts appropriated for such 
     grants; and
                                 ______
                                 
  SA 336. Mr. SCHUMER (for himself, and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes, as 
follows:

       On page 64, between lines 2 and 3, insert the following:
       ``(e) Prohibition of Peer Review Process.--The peer review 
     process may not be used in determining the allocation of 
     funds among metropolitan areas applying for grants under this 
     section.
                                 ______
                                 
  SA 337. Mr. SCHUMER (for himself, and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes, as 
follows:

       On page 59, between lines 9 and 10, insert the following:
       ``(f) Use of Grant Funds for Personnel Costs.--The 
     Secretary may not provide for any limitation on the 
     percentage or amount of any grant awarded under the Homeland 
     Security Grant Program which may be used for personnel costs, 
     including overtime or backfill costs.
       On page 86, strike lines 6 through 20.
                                 ______
                                 
  SA 338. Mr. OBAMA (for himself, Mr. Warner, Mr. Coburn, Ms. Landrieu, 
Mr. Kennedy, Mr. Menendez, Mrs. Clinton, and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes, 
which was ordered to lie on the table; as follows:

       On page 69, strike line 15 and all that follows through 
     page 70, line 2, and insert the following:
       ``(d) Minimum Allocation.--
       ``(1) In general.--In allocating funds under subsection 
     (c), the Administrator shall ensure that, for each fiscal 
     year--
       ``(A) except as provided in subparagraph (B), each State 
     (other than the Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands) receives an 
     amount equal to not less than 0.25 percent of the total funds 
     appropriated for the State Homeland Security Grant Program;
       ``(B) each State (other than the Virgin Islands, American 
     Samoa, Guam, and the Commonwealth of the Northern Mariana 
     Islands) that meets any of the additional high-risk 
     qualifying criteria described in paragraph (2) receives an 
     amount equal to not less than 0.45 percent of the total funds 
     appropriated for the State Homeland Security Grant Program;
       ``(C) the Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands each receives an 
     amount equal to not less than 0.08 percent of the total funds 
     appropriated for the State Homeland Security Grant Program; 
     and
       ``(D) directly eligible tribes collectively receive an 
     amount equal to not less than 0.08 percent of the total funds 
     appropriated for the State Homeland Security Grant Program, 
     except that this subparagraph shall not apply if the 
     Administrator receives less than 5 applications for that 
     fiscal year from directly eligible tribes or does not approve 
     at least 1 such application for that fiscal year.

[[Page 5345]]

       ``(2) Additional high-risk qualifying criteria.--The 
     additional high-risk qualifying criteria described in this 
     paragraph are--
       ``(A) having an international land border; or
       ``(B) adjoining a body of water within North America 
     through which an international boundary line extends.
                                 ______
                                 
  SA 339. Mr. WYDEN (for himself, Mr. Lieberman, Ms. Collins, and Mr. 
Smith) submitted an amendment intended to be proposed by him to the 
bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. 15__. SPECIAL NEEDS REGISTRY PILOT PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``eligible entity'' means a nonprofit entity 
     that--
       (A) possesses expertise in creating a coordinated response 
     among individuals and organizations involved with individuals 
     with special needs;
       (B) has a documented successful history of technology 
     implementation and program development in the service of 
     linking public and private organizations in information-
     sharing initiatives, particularly with and among social 
     agencies;
       (C) has expertise in--
       (i) managing technology implementations (including 9-1-1 
     data); and
       (ii) using highly secure, auditable, Internet-based 
     information dissemination methods;
       (D) has alerting capabilities; and
       (E) is capable of creating and managing directories of 
     special needs people;
       (2) the terms ``emergency'' and ``major disaster'' have the 
     meanings given those terms in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122);
       (3) the terms ``emergency response provider'' and ``local 
     government'' have the meanings given those terms in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101);
       (4) the term ``pilot program'' means the Special Needs 
     Registry Pilot Program established under subsection (b); and
       (5) the term ``special needs registry'' means a voluntary 
     and updatable registry of individuals with special needs that 
     is readily accessible to emergency response providers.
       (b) Establishment.--The Secretary shall establish a Special 
     Needs Registry Pilot Program, to establish voluntary and 
     updatable registries of individuals with special needs, 
     readily accessible to emergency response providers to 
     facilitate the evacuation of such individuals in the event of 
     an emergency or major disaster.
       (c) Selection.--The Secretary shall select an eligible 
     entity to establish or operate a special needs registry in 
     not fewer than 3 locations under the pilot program, including 
     not fewer than--
       (1) 1 location in an urban area that has a special needs 
     registry and a system for integrating that registry with 
     emergency response centers;
       (2) 1 location in a rural area that has a special needs 
     registry and does not have a system for integrating that 
     registry with emergency response centers; and
       (3) 1 location that does not have a special needs registry.
       (d) Requirements.--A special needs registry established or 
     operated under the pilot program shall--
       (1) be voluntary;
       (2) have an easily accessible means of registration;
       (3) include information regarding individuals with special 
     needs sufficient to allow emergency response providers to 
     find such individuals quickly;
       (4) be updated regularly; and
       (5) be--
       (A) maintained in a secure, private, and encrypted 
     environment; and
       (B) distributed to appropriate local, county, State, and 
     Federal emergency operations centers.
       (e) Reports.--Not later than 10 months after the date that 
     the Secretary selects an eligible entity under subsection 
     (c), the Secretary shall submit to Congress a report--
       (1) describing the use of funds under the pilot program; 
     and
       (2) recommending whether the pilot program should be 
     extended or modified.
       (f) Termination.--The pilot program shall terminate 1 year 
     after the date that the Secretary selects an eligible entity 
     under subsection (c).
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 to carry out this section.
                                 ______
                                 
  SA 340. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr. 
Lieberman, and Ms. Collins) to the bill S. 4, to make the United States 
more secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 4, strike the item relating to section 1336 and 
     insert the following:

Sec. 1336. Unified carrier registration system plan agreement.
Sec. 1337. Authorization of appropriations.

       On page 298, strike line 8 and insert the following:

     SEC. 1336. UNIFIED CARRIER REGISTRATION SYSTEM PLAN 
                   AGREEMENT.

       (a) In General.--Notwithstanding section 4305(a) of the 
     SAFETEA-LU Act (Public Law 109-59)--
       (1) section 14504 of title 49, United States Code, as that 
     section was in effect on December 31, 2006, is re-enacted, 
     effective as of January 1, 2007; and
       (2) no fee shall be collected pursuant to section 14504a of 
     title 49, United States Code, until 30 days after the date, 
     as determined by the Secretary of Transportation, on which--
       (A) the unified carrier registration system plan and 
     agreement required by that section has been fully 
     implemented; and
       (B) the fees have been set by the Secretary under 
     subsection (d)(7)(B) of that section.
       (b) Repeal of Section 14504.--Section 14504 of title 49, 
     United States Code, as re-enacted by this Act, is repealed 
     effective on the date on which fees may be collected under 
     section 14504a of title 49, United States Code, pursuant to 
     subsection (a)(2) of this section.

     SEC. 1337. AUTHORIZATION OF APPROPRIATIONS.

                                 ______
                                 
  SA 341. Mr. COLEMAN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 124, line 16, strike ``and'' after the semicolon.
       On page 124, line 18, strike the period and insert ``; 
     and''.
       On page 124, between lines 18 and 19, insert the following:
       (9) identify solutions to facilitate communications between 
     emergency response providers in communities of differing 
     population densities.
                                 ______
                                 
  SA 342. Ms. COLLINS (for herself, Mr. Stevens, Mr. Voinovich, Mr. 
Warner, Mr. Sununu, and Mr. Grassley) proposed an amendment to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; as follows:

       Strike section 803 (relating to Transportation Security 
     Administration personnel management) and insert the 
     following:

     SEC. 803. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR 
                   PASSENGER AND PROPERTY SCREENERS.

       (a) Appeal Rights; Engagement Mechanism for Workplace 
     Issues; Pay for Performance; Union Membership.--
       (1) In general.--Section 111(d) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note) is 
     amended--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Except as provided in section 883 of the 
     Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs 
     (2) through (5), notwithstanding''; and
       (B) by adding at the end the following:
       ``(2) Right to appeal adverse action.--An individual 
     employed or appointed to carry out the screening functions of 
     the Administrator under section 44901 of title 49, United 
     States Code, may submit an appeal of an adverse action 
     covered by section 7512 of title 5, United States Code, and 
     finalized after the date of the enactment of Improving 
     America's Security Act of 2007, to the Merit Systems 
     Protection Board and may seek judicial review of any 
     resulting orders or decisions of the Merit Systems Protection 
     Board.
       ``(3) Employee engagement mechanism for addressing 
     workplace issues.--At every airport at which the 
     Transportation Security Administration screens passengers and 
     property under section 44901 of title 49, United States Code, 
     the Administrator shall provide a collaborative, integrated 
     employee engagement mechanism to address workplace issues.
       ``(4) Pay for performance.--The Administrator shall 
     establish a system to ensure that an individual described in 
     paragraph (2)

[[Page 5346]]

     is compensated at a level that reflects the performance of 
     such individual rather than the seniority of such individual.
       ``(5) Construction.--Nothing in this section shall be 
     construed to prohibit an individual described in paragraph 
     (2) from joining a labor organization.''.
       (2) Conforming amendments.--Section 111(d)(1) of such Act, 
     as redesignated by paragraph (1)(A), is amended--
       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''.
       (b) Whistleblower Protections.--Section 883 of the Homeland 
     Security Act of 2002 (6 U.S.C. 463) is amended, in the matter 
     preceding paragraph (1), by inserting ``, or section 111(d) 
     of the Aviation and Transportation Security Act (49 U.S.C. 
     44935 note),'' after ``this Act''.
       (c) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration and the Comptroller 
     General of the United States shall each submit an independent 
     report to Congress that contains an assessment of employment 
     matters at the Transportation Security Administration, 
     including the implementation of this section.
                                 ______
                                 
  SA 343. Ms. CANTWELL (for herself, Mr. Dodd, and Mr. Feingold) 
submitted an amendment intended to be proposed by her to the bill S. 4, 
to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE STRATEGY TO REDUCE GLOBAL POVERTY AND 
                   ELIMINATE EXTREME GLOBAL POVERTY.

       (a) Findings.--Congress makes the following findings:
       (1) The 9/11 Commission found that a ``comprehensive U.S. 
     strategy to counter terrorism should include economic 
     policies that encourage development, more open societies, and 
     opportunities for people to improve the lives of their 
     families and to enhance prospects for their children's 
     future''.
       (2) Global poverty creates conditions that give rise to 
     terrorism.
       (b) Declaration of Policy.--It is the policy of the United 
     States to promote the reduction of global poverty, the 
     elimination of extreme global poverty, and the achievement of 
     the United Nations Millennium Development Goal of reducing by 
     one-half the proportion of people worldwide, between 1990 and 
     2015, who live on less than $1 per day.
       (c) Comprehensive Strategy.--
       (1) Strategy required.--The President, acting through the 
     Secretary of State and in consultation with the heads of 
     other appropriate departments and agencies of the Government 
     of the United States, international organizations, 
     international financial institutions, the governments of 
     developing and developed countries, United States and 
     international nongovernmental organizations, civil society 
     organizations, and other appropriate entities, shall develop 
     and implement a comprehensive strategy to further the United 
     States foreign policy objective of promoting the reduction of 
     global poverty, the elimination of extreme global poverty, 
     and the achievement of the United Nations Millennium 
     Development Goal of reducing by one-half the proportion of 
     people worldwide, between 1990 and 2015, who live on less 
     than $1 per day.
       (2) Content.--The strategy required under paragraph (1) 
     shall include specific and measurable goals, efforts to be 
     undertaken, benchmarks, and timetables to achieve the 
     objectives described in such paragraph.
       (3) Guidelines.--The strategy required under paragraph (1) 
     should adhere to the following guidelines:
       (A) Continued investment in existing United States 
     initiatives related to international poverty reduction, such 
     as the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et 
     seq.), the Millennium Challenge Act of 2003 (22 U.S.C. 7701 
     et seq.), the Heavily Indebted Poor Countries Initiative, and 
     trade preference programs for developing countries.
       (B) Increasing overall United States development assistance 
     levels while at the same time improving the effectiveness of 
     such assistance.
       (C) Enhancing and expanding debt relief.
       (D) Leveraging United States trade policy where possible to 
     enhance economic development prospects for developing 
     countries.
       (E) Coordinating efforts and working in cooperation with 
     developed and developing countries, international 
     organizations, and international financial institutions.
       (F) Mobilizing and leveraging the participation of 
     businesses, United States and international nongovernmental 
     organizations, civil society, and public-private 
     partnerships.
       (G) Coordinating the goal of poverty reduction with other 
     development goals, such as combating the spread of 
     preventable diseases such as HIV/AIDS, tuberculosis, and 
     malaria, increasing access to potable water and basic 
     sanitation, and reducing hunger and malnutrition.
       (H) Integrating principles of sustainable development into 
     policies and programs.
       (d) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the enactment of this Act, the President, acting through 
     the Secretary of State, shall transmit to the appropriate 
     congressional committees a report that describes the strategy 
     required under subsection (c).
       (2) Subsequent reports.--Not less than once every year 
     after the submission of the initial report under paragraph 
     (1) until and including 2015, the President shall transmit to 
     the appropriate congressional committees a report on the 
     status of the implementation of the strategy, progress made 
     in achieving the global poverty reduction objectives 
     described in subsection (c)(1), and any changes to the 
     strategy since the date of the submission of the last report.
       (e) Definitions.--In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Finance, and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Foreign Affairs, the Committee on Ways 
     and Means, and the Committee on Appropriations of the House 
     of Representatives.
       (2) Extreme global poverty.--The term ``extreme global 
     poverty'' refers to the conditions in which individuals live 
     on less than $1 per day, adjusted for purchasing power parity 
     in 1993 United States dollars, according to World Bank 
     statistics.
       (3) Global poverty.--The term ``global poverty'' refers to 
     the conditions in which individuals live on less than $2 per 
     day, adjusted for purchasing power parity in 1993 United 
     States dollars, according to World Bank statistics.

                                 ______
                                 
  SA 344. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez, Mr. 
Reid, and Mrs. Clinton) submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROVISION OF IMMIGRATION BENEFITS FOR VICTIMS OF 
                   TERRORISM.

       (a) Short Title.--This section may be cited as the 
     ``September 11 Family Humanitarian Relief and Patriotism 
     Act''.
       (b) Definitions.--
       (1) Application of immigration and nationality act 
     provisions.--Except as otherwise specifically provided in 
     this section, the definitions in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), other than the 
     definitions applicable exclusively to title III of such Act, 
     shall apply for purposes of this section.
       (2) Specified terrorist activity.--For purposes of this 
     section, the term ``specified terrorist activity'' means any 
     terrorist activity conducted against the Government or the 
     people of the United States on September 11, 2001.
       (c) Adjustment of Status for Certain Nonimmigrant Victims 
     of Terrorism.--
       (1) Adjustment of status.--
       (A) In general.--The status of any alien described in 
     paragraph (2) shall be adjusted by the Secretary to that of 
     an alien lawfully admitted for permanent residence, if the 
     alien--
       (i) applies for such adjustment not later than 2 years 
     after the date on which the Secretary promulgates final 
     regulations to implement this subsection; and
       (ii) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Rules in applying certain provisions.--
       (i) In general.--In the case of an alien described in 
     paragraph (2) who is applying for adjustment of status under 
     this subsection--

       (I) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (II) the Secretary may grant the alien a waiver on the 
     grounds of inadmissibility under subparagraphs (A) and (C) of 
     section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).

       (ii) Standards.--In granting waivers under clause (i)(II), 
     the Secretary shall use standards used in granting consent 
     under subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).

[[Page 5347]]

       (C) Relationship of application to certain orders.--
       (i) Application permitted.--An alien present in the United 
     States who has been ordered excluded, deported, removed, or 
     ordered to depart voluntarily from the United States under 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) may, notwithstanding such order, apply 
     for adjustment of status under subparagraph (A).
       (ii) Motion not required.--An alien described in clause (i) 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order.
       (iii) Effect of decision.--If the Secretary grants a 
     request under clause (i), the Secretary shall cancel the 
     order. If the Secretary renders a final administrative 
     decision to deny the request, the order shall be effective 
     and enforceable to the same extent as if the application had 
     not been made.
       (2) Aliens eligible for adjustment of status.--The benefits 
     provided under paragraph (1) shall apply to any alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     September 10, 2001;
       (B) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (i) was lawfully present in the United States as a 
     nonimmigrant alien described in such section 101(a)(15) on 
     such date; and
       (ii) died as a direct result of a specified terrorist 
     activity; and
       (C) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (3) Stay of removal; work authorization.--
       (A) In general.--The Secretary shall establish, by 
     regulation, a process by which an alien subject to a final 
     order of removal may seek a stay of such order based on the 
     filing of an application under paragraph (1).
       (B) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary shall not order any alien to be 
     removed from the United States, if the alien is in removal 
     proceedings under any provision of such Act and has applied 
     for adjustment of status under paragraph (1), unless the 
     Secretary has rendered a final administrative determination 
     to deny the application.
       (C) Work authorization.--The Secretary shall authorize an 
     alien who has applied for adjustment of status under 
     paragraph (1) to engage in employment in the United States 
     during the pendency of such application.
       (4) Availability of administrative review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     paragraph (1) the same right to, and procedures for, 
     administrative review as are provided to--
       (A) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (B) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (d) Cancellation of Removal for Certain Immigrant Victims 
     of Terrorism.--
       (1) In general.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b), the Secretary shall, under 
     such section 240A, cancel the removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     an alien described in paragraph (2), if the alien applies for 
     such relief.
       (2) Aliens eligible for cancellation of removal.--The 
     benefits provided under paragraph (1) shall apply to any 
     alien who--
       (A) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (B) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (3) Stay of removal; work authorization.--
       (A) In general.--The Secretary shall promulgate regulations 
     to provide for an alien subject to a final order of removal 
     to seek a stay of such order based on the filing of an 
     application under paragraph (1).
       (4) Work authorization.--The Secretary shall authorize an 
     alien who has applied for cancellation of removal under 
     paragraph (1) to engage in employment in the United States 
     during the pendency of such application.
       (5) Motions to reopen removal proceedings.--
       (A) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen removal proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (B) Filing period.--The Secretary shall designate a 
     specific time period in which all such motions to reopen are 
     required to be filed. The period shall begin not later than 
     60 days after the date of enactment of this Act and shall 
     extend for a period not to exceed 240 days.
       (e) Exceptions.--Notwithstanding any other provision of 
     this Act, an alien may not be provided relief under this 
     section if the alien is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (2) a family member of an alien described in paragraph (1).
       (f) Evidence of Death.--For purposes of this section, the 
     Secretary shall use the standards established under section 
     426 of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in 
     determining whether death occurred as a direct result of a 
     specified terrorist activity.

                                 ______
                                 
  SA 345. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSFER OF FUNDS FROM DTV TRANSITION AND PUBLIC 
                   SAFETY FUND.

       (a) In General.--Section 3006 of the Deficit Reduction Act 
     of 2005 (Public Law 109-171; 120 Stat. 24) is repealed.
       (b) Authority of Secretary to Make Payments From Fund.--The 
     Secretary may make payments of not to exceed $1,000,000,000, 
     in the aggregate, through fiscal year 2009 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 emergency 
     communications operability and interoperable communications 
     grant program established in section 1809 of the Homeland 
     Security Act of 2002, as added by section 301(a)(1).
       (c) Limitations.--Grants awarded under section 1809 of the 
     Homeland Security Act of 2002, and funded by sums made 
     available under this section may not exceed--
       (1) $300,000,000 in fiscal year 2007;
       (2) $350,000,000 in fiscal year 2008; and
       (3) $350,000,000 in fiscal year 2009.

     SEC. __. REPORT TO CONGRESS.

       (a) In General.--The Secretary, in cooperation with the 
     Chairman of the Federal Communications Commission, shall 
     study the possibility of allowing commercial entities to 
     develop national public safety communications networks that 
     involve commercially based solutions.
       (b) Content of Study.--The study required under subsection 
     (a) shall examine the following:
       (1) Methods by which the commercial sector can participate 
     in the development of a national public safety communications 
     network.
       (2) The feasibility of developing interoperable shared-
     spectrum networks to be used by both public safety officials 
     and private customers.
       (3) The feasibility of licensing public safety spectrum 
     directly to the commercial sector for the creation of an 
     interoperable public safety communications network.
       (4) The amount of spectrum required for an interoperable 
     public safety communications network.
       (5) The feasibility of having 2 or more competing but 
     interoperable commercial public safety communications 
     networks.
       (c) Submission to Congress.--Not later than 12 months after 
     the date of enactment of this Act, the Secretary shall report 
     to Congress--
       (1) the findings of the study required under subsection 
     (a); and
       (2) any recommendations for legislative, administrative, or 
     regulatory change that would assist the Federal Government to 
     implement a national public safety communications network 
     that involves commercially based solutions.

     SEC. __. REPEAL.

       Section 4 of the Call Home Act of 2006 (Public Law 109-459; 
     120 Stat. 3400) is repealed.

     SEC. __. RULE OF APPLICATION.

       Notwithstanding any other provision of this Act, section 
     1381 of this Act shall have no force or effect.
                                 ______
                                 
  SA 346. Mr. INOUYE (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United

[[Page 5348]]

States more secure by implementing unfinished recommendations of the 9/
11 Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 260, line 2, after ``section'' insert ``such sums 
     as may be necessary for fiscal year 2007 and''.
       On page 262, between lines 18 and 19, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 262, line 19, strike ``(A)'' and insert ``(B)''.
       On page 262, line 20, strike ``(B)'' and insert ``(C)''.
       On page 262, line 21, strike ``(C)'' and insert ``(D)''.
       On page 263, between lines 17 and 18, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 263, line 18, strike ``(A)'' and insert ``(B)''.
       On page 263, line 19, strike ``(B)'' and insert ``(C)''.
       On page 263, line 20, strike ``(C)'' and insert ``(D)''.
       On page 263, line 21, strike ``(D)'' and insert ``(E)''.
       On page 263, between lines 25 and 26, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 263, line 26, strike ``(A)'' and insert ``(B)''.
       On page 264, line 1, strike ``(B)'' and insert ``(C)''.
       On page 264, line 2, strike ``(C)'' and insert ``(D)''.
       On page 264, line 3, strike ``(D)'' and insert ``(E)''.
       On page 264, between lines 6 and 7, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 264, line 7, strike ``(A)'' and insert ``(B)''.
       On page 264, line 8, strike ``(B)'' and insert ``(C)''.
       On page 264, line 9, strike ``(C)'' and insert ``(D)''.
       On page 264, line 10, strike ``(D)'' and insert ``(E)''.
       On page 270, between lines 15 and 16, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 270, line 16, strike ``(A)'' and insert ``(B)''.
       On page 270, line 17, strike ``(B)'' and insert ``(C)''.
       On page 270, line 18, strike ``(C)'' and insert ``(D)''.
       On page 273, between lines 17 and 18, insert the following:
       (A) such sums as may be necessary for fiscal year 2007;
       On page 273, line 18, strike ``(A)'' and insert ``(B)''.
       On page 273, line 19, strike ``(B)'' and insert ``(C)''.
       On page 273, line 20, strike ``(C)'' and insert ``(D)''.
       On page 278, line 18, strike the closing quotation marks 
     and the second period.
       On page 278, between lines 18 and 19, insert the following:
       ``(g) Passenger Defined.--In this section, the term 
     `passenger' includes revenue and nonrevenue passengers and 
     Amtrak employees.''.
       On page 295, strike lines 4 through 7 and insert the 
     following:
       (c) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended to read as follows:
       ``(a) Regulations and Orders.--The Secretary of 
     Transportation, as necessary, shall prescribe regulations and 
     issue orders for every area of railroad safety supplementing 
     laws and regulations in effect on October 16, 1970. Any 
     regulation prescribed or order issued by the Secretary of 
     Transportation involving railroad safety shall not be subject 
     to challenge, under section 20114(c) of this chapter or under 
     any other provision of law by which such a regulation or 
     order may be subject to judicial review, on the ground that 
     it impacts security.''.
       On page 298, line 6, after ``section'' insert ``such sums 
     as may be necessary for fiscal year 2007 and''.

       On page 298, between lines 15 and 16, insert the following:
       ``(1) such sums as may be necessary for fiscal year 2007;
       On page 298, line 16, strike ``(1)'' and insert ``(2)''.
       On page 298, line 17, strike ``(2)'' and insert ``(3)''.
       On page 298, line 18, strike ``(3)'' and insert ``(4)''.
       On page 298, between lines 23 and 24, insert the following:
       (1) such sums as may be necessary for fiscal year 2007;
       On page 298, line 24, strike ``(1)'' and insert ``(2)''.
       On page 298, line 25, strike ``(2)'' and insert ``(3)''.
       On page 299, line 9, strike ``(3)'' and insert ``(4)''.
       On page 299, line 10, strike ``(4)'' and insert ``(5)''.
       On page 305, line 17, after ``section'' insert ``such sums 
     as may be necessary for fiscal year 2007 and''.

       On page 307, after line 25, insert the following:
       ``(1) such sums as may be necessary for fiscal year 2007;
       On page 308, line 1, strike ``(1)'' and insert ``(2)''.
       On page 308, line 2, strike ``(2)'' and insert ``(3)''.
       On page 308, line 3, strike ``(3)'' and insert ``(4)''.
       On page 311, between lines 24 and 25, insert the following:
       ``(1) such sums as may be necessary for fiscal year 2007;
       On page 311, line 25, strike ``(1)'' and insert ``(2)''.
       On page 312, line 1, strike ``(2)'' and insert ``(3)''.
       On page 312, line 2, strike ``(3)'' and insert ``(4)''.
       On page 321, between lines 10 and 11, insert the following:
       ``(1) such sums as may be necessary for fiscal year 2007;
       On page 321, line 11, strike ``(1)'' and insert ``(2)''.
       On page 321, line 12, strike ``(2)'' and insert ``(3)''.
                                 ______
                                 
  SA 347. Mr. SESSIONS proposed an amendment to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON THE FUNDING OF FENCING AND 
                   VEHICLES BARRIERS ALONG THE SOUTHWEST BORDER OF 
                   THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) On May 17, 2006, by a vote of 83 to 16, the Senate 
     approved amendment 3979 sponsored by Senator Sessions to 
     Senate Bill 2611 (109th Congress), the Comprehensive 
     Immigration Reform Act of 2006, which required the Secretary 
     of Homeland Security to construct at least 370 miles of 
     fencing and 500 miles of vehicle barriers along the southwest 
     border of the United States.
       (2) On August 2, 1006, by a vote of 94 to 3, the Senate 
     approved amendment 4775 sponsored by Senator Sessions to 
     House Bill 5631 (109th Congress), the Department of Defense 
     Appropriations Act, 2007, which included a provision to 
     appropriate $1,829,000,000 for the construction of 370 miles 
     of fencing and 461 miles of vehicle barriers along the 
     southwest border of the United States.
       (3) On September 20, 2006, by a vote of 80 to 19, the 
     Senate approved House Bill 6061 (109th Congress), the Secure 
     Fence Act of 2006, which mandates the construction of fencing 
     and border improvements along the southwest border.
       (4) On October 26, 2066, the President signed the Secure 
     Fence Act of 2006 (Public Law 109-367; 120 Stat. 2638), which 
     mandates that ``[n]ot later than 18 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall take all actions the Secretary determines necessary and 
     appropriate to achieve and maintain operational control over 
     the entire international land and maritime borders of the 
     United States,'' including ``physical infrastructure 
     enhancements to prevent unlawful entry by aliens into the 
     United States'' into law.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress should--
       (1) appropriate funds in the Department of Homeland 
     Security Appropriations Act for fiscal year 2008 to fund, at 
     a minimum, the strong commitment to border security 
     represented in the President's budget request for fiscal year 
     2008, which is consistent with the congressional intent 
     expressed in amendment 3979 sponsored by Senator Sessions to 
     Senate Bill 2611 (109th Congress), amendment 4775 sponsored 
     by Senator Sessions to House Bill 5631 (109th Congress), and 
     the Secure Fence Act of 2006; and
       (2) appropriate funds in Department of Homeland Security 
     Appropriations Acts for fiscal years after fiscal year 2008 
     in a manner consistent with the congressional intent 
     expressed in such amendment 3879, such amendment 4775, and 
     the Secure Fence Act of 2006.
                                 ______
                                 
  SA 348. Mr. WYDEN (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 4, to make the United 
States more secure by implementing unfinished recommendations of the 9/
11 Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

[[Page 5349]]



     SEC. ___. 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.

                          ____________________