[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5903-5928]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 396. Mr. FEINGOLD 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 20, strike line 13 and all that follows through 
     page 21, line 8, and, insert the following:
       ``(A) establishing policies that limit the use of any 
     marking or process (including `Originator Control') intended 
     to, or having the effect of, restricting the sharing of 
     information within the scope of the information sharing 
     environment between and among participants in the information 
     sharing environment, so as to encourage the sharing of 
     information and developing procedures to expedite disputes 
     concerning originator controls;
       ``(B) implementing a standard for the collection, sharing 
     of, and access to information within the scope of the 
     information sharing environment that would
       On page 21, line 18, strike ``(D)'' and insert ``(C)''.
                                 ______
                                 
  SA 397. Mr. FEINGOLD 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 23, between lines 5 and 6, insert the following:
       ``(l) Privacy Guidelines.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) the information sharing environment, including 
     expansions under the Improving America's Security Act of 
     2007, raises significant privacy and civil liberties issues 
     that should be addressed in detailed, written, binding 
     guidelines;
       ``(B) the guidelines entitled `Guidelines to Ensure that 
     the Information Privacy and Other Legal Rights of Americans 
     are Protected in Development and Use of the Information 
     Sharing Environment' as distributed by the program manager of 
     the information sharing environment on December 4, 2006, 
     direct agencies to consider guidelines on many important 
     privacy issues, but do not themselves provide sufficiently 
     detailed guidelines to adequately protect privacy and civil 
     liberties in the development and use of the information 
     sharing environment; and
       ``(C) the implementation of detailed, written, binding 
     guidelines to protect privacy and civil liberties is critical 
     to the success of the information sharing environment.
       ``(2) Guidelines.--Not fewer than 270 days after the date 
     of the enactment of the Improving America's Security Act of 
     2007, the President shall issue guidelines that shall 
     supplement or supersede, as appropriate, the guidelines 
     referred to in paragraph (1)(B) in order to--
       ``(A) define the privacy and civil liberties interests that 
     such guidelines seek to protect;
       ``(B) govern the obtaining or accessing by the Federal 
     Government of information within the information sharing 
     environment from commercial data sources and other public 
     sources as part of the information sharing environment;
       ``(C) permit information to be shared with an agency, and 
     categories of particular personnel within such agency, only 
     if the purpose for the sharing is within the assigned mission 
     and responsibility of such agency and personnel;
       ``(D) require each agency to identify (within 90 days of 
     the issuance of the supplemental or superseding guidelines 
     under this paragraph) its data holdings that contain 
     information relating to United States persons to be shared 
     through the information sharing environment;
       ``(E) provide guidance and standards for agencies to ensure 
     the accuracy, reliability, completeness, timeliness, and 
     retention of their data holdings;
       ``(F) impose specific physical, technical, and 
     administrative security measures to safeguard information 
     shared through the information sharing environment from 
     unauthorized access, disclosure, modification, use or 
     destruction; and
       ``(G) incorporate mechanisms for accountability and 
     enforcement, including continuous, real-time, immutable audit 
     capabilities that record, to the maximum extent practicable, 
     with whom information is shared.
       ``(3) Public comment.--The President shall provide an 
     opportunity for public comment in supplementing or 
     superseding under this subsection the guidelines referred to 
     in paragraph (1)(B).
       ``(4) Report on certain information.--
       ``(A) Requirement.--Not later than one year after the date 
     of the enactment of the Improving America's Security Act of 
     2007, the Director of National Intelligence shall submit to 
     the congressional intelligence committees a report describing 
     the information identified pursuant to (2)(D).
       ``(B) Congressional intelligence committees defined.--In 
     this subsection, the term `congressional intelligence 
     committees' has the meaning given that term in section 3(7) 
     of the National Security Act of 1947 (50 U.S.C. 401a(7)).
       On page 23, line 6, strike ``(l)'' and insert ``(m)''.
                                 ______
                                 
  SA 398. Mr. BINGAMAN (for himself, Mr. Domenici, and Ms. Cantwell) 
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:

              TITLE __--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2007''.

     SEC. __02. FINDINGS.

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

[[Page 5904]]

     border address the unique challenges that arise as a result 
     of their proximity to an international border and the lack of 
     overall border security in the region

     SEC. __03. BORDER RELIEF GRANT PROGRAM.

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

     SEC. __04. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 399. Mr. COLEMAN (for himself and Mr. Levin) 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:

       Strike section 405 and insert the following:

     SEC. 405. WESTERN HEMISPHERE TRAVEL INITIATIVE.

       Before a final rule is published in the Federal Register 
     for the implementation of the Western Hemisphere Travel 
     Initiative authorized under section 7209 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 8 U.S.C. 1185 note)--
       (1) the Secretary of Homeland Security shall conduct a 
     complete cost-benefit analysis of the Western Hemisphere 
     Travel Initiative; and
       (2) the Secretary of State shall conduct a study of the 
     mechanisms by which the execution fee for a PASS Card issued 
     under such Initiative could be reduced, considering the 
     potential number of applications for such Cards.
                                 ______
                                 
  SA 400. Mr. BYRD 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 173, strike lines 5 through 18 and insert the 
     following:
     et;
       ``(2) inform the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives not later 
     than--
       ``(A) 30 days after the Secretary disapproves the senior 
     official's request for a subpoena under subsection (b)(1)(C) 
     or the Secretary substantively modifies the requested 
     subpoena; or
       ``(B) 45 days after the senior official's request for a 
     subpoena under subsection (b)(1)(C), if that subpoena has not 
     either been approved or disapproved by the Secretary; and
       ``(3) submit every 90 days to the committees of Congress 
     referred to in paragraph (2) a report on the issuance of 
     subpoenas by such senior official under subsection (b)(1)(C) 
     during the preceding 90 days.''.
                                 ______
                                 
  SA 401. Mr. BYRD 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 152, between lines 22 and 23, insert the following:
       ``(5) Independence of testimony.--No officer, employee, or 
     agency within the executive branch shall have the authority 
     to require the Board, or any member of the Board--
       ``(A) to receive permission to testify before Congress; or
       ``(B) to submit testimony, recommendations on legislation, 
     or other comments to any officer, employee, or agency of the 
     executive branch for approval, comments, or review before the 
     submittal of such testimony, recommendations, or comments to 
     Congress if such testimony, recommendations, or comments 
     include a statement indicating that the views expressed 
     therein are those of the Board and do not necessarily 
     represent the views of the Administration.
                                 ______
                                 
  SA 402. Mr. BYRD 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:

       Beginning on page 81, line 20, strike ``Office for the 
     Prevention of Terrorism, which shall be headed'' and all that 
     follows through `` ``(B)'' on page 82, line 1, and insert the 
     following: ``Office for the Prevention of Terrorism.
       ``(2) Director.--
       ``(A) Appointment.--The head of the Office for the 
     Prevention of Terrorism shall be the Director of the Office 
     for the Prevention of Terrorism, who shall be appointed by 
     the President, by and with the consent of the Senate.

[[Page 5905]]

       ``(B) Reporting.--The Director of the Office for the 
     Prevention of Terrorism shall report directly to the 
     Secretary.
       ``(C)
                                 ______
                                 
  SA 403. Mr. BYRD 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 48, strike line 20 and all that follows through 
     ``(F)'' on line 23 and insert the following:
       (E) the Department of State;
       (F) law enforcement and intelligence officials from State, 
     local, and tribal governments, as appropriate; and
       (G)
                                 ______
                                 
  SA 404. Mr. BYRD 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 133, line 20, strike ``(C)'' and insert the 
     following:
       (C) in subsection (d), by adding at the end the following: 
     ``The Secretary of Homeland Security may not waive any 
     eligibility requirement under this section unless the 
     Secretary notifies the appropriate congressional committees 
     not later than 30 days before the effective date of such 
     waiver.'';
       (D)
                                 ______
                                 
  SA 405. Mr. BYRD 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 159, between lines 13 and 14, insert the following:
       ``(6) Removal of members.--
       ``(A) In general.--The President may remove a member of the 
     Board only for neglect of duty or malfeasance in office.
       ``(B) Notice on removal.--The President shall submit notice 
     on the removal of a member of the Board, including the 
     reasons for the removal, to--
       ``(i) the Committees on Homeland Security and Governmental 
     Affairs and the Judiciary and the Select Committee on 
     Intelligence of the Senate; and
       ``(ii) the Committees on Government Reform and the 
     Judiciary and the Permanent Select Committee on Intelligence 
     of the House of Representatives.
                                 ______
                                 
  SA 406. Mr. DODD 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 end of title XV, add the following:

     SEC. 1505. COMPTROLLER GENERAL REPORT ON PERSONAL SERVICES 
                   CONTRACTS UNDER THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress a report on the 
     utilization of personal services contracts by the Department 
     of Homeland Security.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which the utilization by 
     the Department of Homeland Security of personal services 
     contracts has--
       (A) reduced or impaired the ability of the Department to 
     retain core functional capabilities that allow it to properly 
     perform its mission;
       (B) inhibited adequate oversight by the Department of 
     functions performed by its contractors;
       (C) undermined the integrity of decision-making processes 
     within the Department;
       (D) hindered the ability of the Department to meet the 
     critical recommendations of the National Commission on 
     Terrorist Attacks Upon the United States that the Department 
     ``regularly assess the types of threats the country faces,'' 
     and ``assess the readiness of the government to respond to 
     threats that the United States may face''; and
       (E) resulted in the outsourcing to private contractors or 
     contracting firms of the ownership and retention of 
     institutional knowledge, expertise, and intellectual property 
     that are essential components of the ability of the 
     Department to implement its basic mission and achieve its 
     policy objectives.
       (2) An assessment whether or not the Department is 
     maintaining appropriate controls to prevent conflicts of 
     interest or ethics violations involving personnel under its 
     personal service contracts.
       (3) A discussion of the implications of applying to 
     personnel under personal service contracts of the Department 
     the ethics and conflict of interest rules requirements that 
     commonly apply to Federal employees.
       (4) A discussion of such other matters (including matters 
     relating to cost, transparency, accountability, and national 
     security) in the utilization by the Department of personal 
     services contracts as the Comptroller General considers 
     appropriate.
                                 ______
                                 
  SA 407. Mr. LIEBERMAN 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:

       Beginning on page 135, strike line 16 and all that follows 
     through page 136, line 15, and insert the following:
       (2) Improving the accuracy of watch lists.--In developing 
     the electronic travel authorization system authorized by 
     section 217(h)(3) of the Immigration and Nationality Act, as 
     added by paragraph (1)(D), the Secretary, in consultation 
     with the Secretary of State, shall study the feasibility of 
     using such system to improve the accuracy and reliability of 
     government watch lists and correct erroneous information 
     included in such a list, by--
       (A) sharing information with relevant agencies regarding 
     misidentifications caused by inaccurate or incomplete watch 
     list entries;
       (B) establishing a redress system for individuals who 
     believe they have been identified erroneously;
       (C) instituting performance metrics to track progress; and
       (D) implementing other appropriate measures.
       (3) Report.--
       (A) Requirement.--Not later than 180 days prior to the date 
     that the Secretary implements the electronic travel 
     authorization system authorized by such section 217(h)(3), 
     the Secretary shall submit to the appropriate congressional 
     committees a report on such system.
       (B) Content.--The report required by this paragraph shall 
     include--
       (i) a privacy impact assessment, as described in section 
     208(b) of the E-Government Act of 2002 (Public Law 107-347; 
     44 U.S.C. 3501 note);
       (ii) a description of the automated processes, queries, and 
     analyses the Secretary will develop to determine, in advance 
     of travel, the eligibility of an alien to travel to the 
     United States under the Visa Waiver Program established under 
     section 217 of the Immigration and Nationality Act (8 U.S.C. 
     1187), including--

       (I) whether the Secretary will utilize algorithms or other 
     analytic tools to profile or otherwise assess risks posed by 
     aliens whose names are not on any watch list maintained by 
     the Federal Government;
       (II) a description of any such algorithm or analytic tool 
     that will be used;
       (III) an assessment of the efficacy, or likely efficacy, of 
     any such algorithm or analytic tool in providing accurate 
     information; and
       (IV) a description of with whom the results of any such 
     algorithm or analytic tool will be shared; and

       (iii) a description of--

       (I) the results of the study required by paragraph (2); and
       (II) any elements of such electronic travel authorization 
     system intended to improve the accuracy and reliability of 
     government watch lists and the process by which any erroneous 
     information included in such a list will be corrected.

       (C) Form of report.--The report required by this paragraph 
     shall be submitted in unclassified form and may include a 
     classified annex.
       (D) Appropriate congressional committees defined.--In this 
     paragraph, the term ``appropriate congressional committees'' 
     means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, the Select Committee 
     on Intelligence, and the Committee on Appropriations of the 
     Senate; and

[[Page 5906]]

       (ii) the Committee on Homeland Security, the Committee on 
     the Judiciary, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 408. Mrs. BOXER 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 330, strike lines 11 through 19, and insert the 
     following:
       ``(i) will make such containers available for use by 
     passenger aircraft operated by air carriers or foreign air 
     carriers in air transportation or intrastate air 
     transportation following the recommendation in the report of 
     the National Commission on Terrorist Attacks Upon the United 
     States that every passenger aircraft carrying cargo shall 
     deploy at least 1 hardened container; and''.
                                 ______
                                 
  SA 409. 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:

       On page 46, between lines 15 and 16, insert the following:

     SEC. 123. RISK ASSESSMENT CENTER.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by 
     this Act, is amended by adding at the end the following:

     ``SEC. 208. RISK ASSESSMENT CENTER.

       ``(a) In General.--There is established the Risk Assessment 
     Center within the Office of the Secretary, which shall be 
     headed by the Risk Assessment Manager.
       ``(b) Mission.--The Risk Assessment Center shall be the 
     lead component of the Department regarding the assessment of 
     homeland security risk.
       ``(c) Responsibilities.--The Risk Assessment Manager 
     shall--
       ``(1) develop, and assist the Department in implementing, a 
     methodology to analyze the effectiveness of the use of 
     homeland security grant funds in reducing risk;
       ``(2) coordinate the work of other components of the 
     Department having risk assessment responsibilities;
       ``(3) establish the national-level strategy for performing 
     homeland security risk assessments;
       ``(4) proactively determine and assess the dynamic drivers 
     of homeland security risk; and
       ``(5) lead efforts to collect and analyze the types of data 
     necessary to assess homeland security risk from Federal 
     agencies, State and local governmental authorities, and the 
     private sector, as appropriate.
       ``(d) Personnel.--The Risk Assessment Center shall be 
     staffed with professional analysts who are risk management 
     professionals with--
       ``(1) graduate degrees in mathematics, economics, or 
     statistics;
       ``(2) skills in using mathematics, economics, or statistics 
     to study uncertain future events, as those events relate to 
     homeland security; and
       ``(3) experience working in the Department or another 
     department or agency of the Federal Government in translating 
     risk assessment methods into specific policy directives or 
     resource allocation strategies and decisions.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 207, as added by this Act, the following:

``Sec. 208. Risk Assessment Center.''.
                                 ______
                                 
  SA 410. 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:

       On page 114, line 12, after ``the extent to which'' insert 
     ``man-made or''.
                                 ______
                                 
  SA 411. Mr. LIEBERMAN (for himself and Mr. McCain) 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 end, add the following new title:

              TITLE XVI--ADVANCEMENT OF DEMOCRATIC VALUES

     SECTION 1601. SHORT TITLE.

       This title may be cited as the ``Advance Democratic Values, 
     Address Non-democratic Countries, and Enhance Democracy Act 
     of 2007'' or the ``ADVANCE Democracy Act of 2007''.

     SEC. 1602. FINDINGS.

       Congress finds that in order to support the expansion of 
     freedom and democracy in the world, the foreign policy of the 
     United States should be organized in support of 
     transformational diplomacy that seeks to work through 
     partnerships to build and sustain democratic, well-governed 
     states that will respect human rights and respond to the 
     needs of their people and conduct themselves responsibly in 
     the international system.

     SEC. 1603. STATEMENT OF POLICY.

       It should be the policy of the United States--
       (1) to promote freedom and democracy in foreign countries 
     as a fundamental component of the foreign policy of the 
     United States;
       (2) to affirm internationally recognized human rights 
     standards and norms and to condemn offenses against those 
     rights;
       (3) to use instruments of United States influence to 
     support, promote, and strengthen democratic principles, 
     practices, and values, including the right to free, fair, and 
     open elections, secret balloting, and universal suffrage;
       (4) to protect and promote fundamental freedoms and rights, 
     including the freedom of association, of expression, of the 
     press, and of religion, and the right to own private 
     property;
       (5) to protect and promote respect for and adherence to the 
     rule of law;
       (6) to provide appropriate support to nongovernmental 
     organizations working to promote freedom and democracy;
       (7) to provide political, economic, and other support to 
     countries that are willingly undertaking a transition to 
     democracy;
       (8) to commit to the long-term challenge of promoting 
     universal democracy; and
       (9) to strengthen alliances and relationships with other 
     democratic countries in order to better promote and defend 
     shared values and ideals.

     SEC. 1604. DEFINITIONS.

       In this title:
       (1) Annual report on advancing freedom and democracy.--The 
     term ``Annual Report on Advancing Freedom and Democracy'' 
     refers to the annual report submitted to Congress by the 
     Department of State pursuant to section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 22 U.S.C. 2151n note), in which the Department 
     reports on actions taken by the United States Government to 
     encourage respect for human rights and democracy.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of State for Democracy, Human 
     Rights, and Labor.
       (3) Community of democracies and community.--The terms 
     ``Community of Democracies'' and ``Community'' mean the 
     association of democratic countries committed to the global 
     promotion of democratic principles, practices, and values, 
     which held its First Ministerial Conference in Warsaw, 
     Poland, in June 2000.
       (4) Department.--The term ``Department'' means the 
     Department of State.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of State for Democracy and Global 
     Affairs.

  Subtitle A--Liaison Officers and Fellowship Program to Enhance the 
                         Promotion of Democracy

     SEC. 1611. DEMOCRACY LIAISON OFFICERS.

       (a) In General.--The Secretary of State shall establish and 
     staff Democracy Liaison Officer positions, under the 
     supervision of the Assistant Secretary, who may be assigned 
     to the following posts:
       (1) United States missions to, or liaison with, regional 
     and multilateral organizations, including the United States 
     missions to the European Union, African Union, Organization 
     of American States and any other appropriate regional 
     organization, Organization for Security and Cooperation in 
     Europe, the United Nations and its relevant specialized 
     agencies, and the North Atlantic Treaty Organization.
       (2) Regional public diplomacy centers of the Department.
       (3) United States combatant commands.
       (4) Other posts as designated by the Secretary of State.
       (b) Responsibilities.--Each Democracy Liaison Officer 
     should--
       (1) provide expertise on effective approaches to promote 
     and build democracy;
       (2) assist in formulating and implementing strategies for 
     transitions to democracy; and

[[Page 5907]]

       (3) carry out other responsibilities as the Secretary of 
     State and the Assistant Secretary may assign.
       (c) New Positions.--The Democracy Liaison Officer positions 
     established under subsection (a) should be new positions that 
     are in addition to existing officer positions with 
     responsibility for other human rights and democracy related 
     issues and programs.
       (d) Relationship to Other Authorities.--Nothing in this 
     section may be construed as removing any authority or 
     responsibility of a chief of mission or other employee of a 
     diplomatic mission of the United States provided under any 
     other provision of law, including any authority or 
     responsibility for the development or implementation of 
     strategies to promote democracy.

     SEC. 1612. DEMOCRACY FELLOWSHIP PROGRAM.

       (a) Requirement for Program.--The Secretary of State shall 
     establish a Democracy Fellowship Program to enable Department 
     officers to gain an additional perspective on democracy 
     promotion abroad by working on democracy issues in 
     congressional committees with oversight over the subject 
     matter of this title, including the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives, and in 
     nongovernmental organizations involved in democracy 
     promotion.
       (b) Selection and Placement.--The Assistant Secretary shall 
     play a central role in the selection of Democracy Fellows and 
     facilitate their placement in appropriate congressional 
     offices and nongovernmental organizations.

      Subtitle B--Annual Report on Advancing Freedom and Democracy

     SEC. 1621. ANNUAL REPORT.

       (a) Report Title.--Section 665(c) of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
     U.S.C. 2151n note) is amended in the first sentence by 
     inserting ``entitled the Advancing Freedom and Democracy 
     Report'' before the period at the end.
       (b) Schedule for Submission.--If a report entitled the 
     Advancing Freedom and Democracy Report pursuant to section 
     665(c) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003, as amended by subsection (a), is submitted under 
     such section, such report shall be submitted not later than 
     90 days after the date of submission of the report required 
     by section 116(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d)).
       (c) Conforming Amendment.--Section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 2151n note) is amended by striking ``30 days'' and 
     inserting ``90 days''.

     SEC. 1622. SENSE OF CONGRESS ON TRANSLATION OF HUMAN RIGHTS 
                   REPORTS.

       It is the sense of Congress that the Secretary of State 
     should continue to ensure and expand the timely translation 
     of Human Rights and International Religious Freedom reports 
     and the Annual Report on Advancing Freedom and Democracy 
     prepared by personnel of the Department of State into the 
     principal languages of as many countries as possible. 
     Translations are welcomed because information on United 
     States support for universal enjoyment of freedoms and rights 
     serves to encourage individuals around the globe seeking to 
     advance the cause of freedom in their countries.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

     SEC. 1631. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

       Congress commends the Secretary of State for creating an 
     Advisory Committee on Democracy Promotion, and it is the 
     sense of Congress that the Committee should play a 
     significant role in the Department's transformational 
     diplomacy by advising the Secretary of State regarding United 
     States efforts to promote democracy and democratic transition 
     in connection with the formulation and implementation of 
     United States foreign policy and foreign assistance.

     SEC. 1632. SENSE OF CONGRESS ON THE INTERNET WEBSITE OF THE 
                   DEPARTMENT OF STATE.

       It is the sense of Congress that--
       (1) the Secretary of State should continue and further 
     expand the Secretary's existing efforts to inform the public 
     in foreign countries of the efforts of the United States to 
     promote democracy and defend human rights through the 
     Internet website of the Department of State;
       (2) the Secretary of State should continue to enhance the 
     democracy promotion materials and resources on that Internet 
     website, as such enhancement can benefit and encourage those 
     around the world who seek freedom; and
       (3) such enhancement should include where possible and 
     practical, translated reports on democracy and human rights 
     prepared by personnel of the Department, narratives and 
     histories highlighting successful nonviolent democratic 
     movements, and other relevant material.

     Subtitle D--Training in Democracy and Human Rights; Promotions

     SEC. 1641. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND 
                   HUMAN RIGHTS.

       It is the sense of Congress that--
       (1) the Secretary of State should continue to enhance and 
     expand the training provided to foreign service officers and 
     civil service employees on how to strengthen and promote 
     democracy and human rights; and
       (2) the Secretary of State should continue the effective 
     and successful use of case studies and practical workshops 
     addressing potential challenges, and work with non-state 
     actors, including nongovernmental organizations that support 
     democratic principles, practices, and values.

     SEC. 1642. SENSE OF CONGRESS ON ADVANCE DEMOCRACY AWARD.

       It is the sense of Congress that--
       (1) the Secretary of State should further strengthen the 
     capacity of the Department to carry out result-based 
     democracy promotion efforts through the establishment of 
     awards and other employee incentives, including the 
     establishment of an annual award known as Outstanding 
     Achievements in Advancing Democracy, or the ADVANCE Democracy 
     Award, that would be awarded to officers or employees of the 
     Department; and
       (2) the Secretary of State should establish the procedures 
     for selecting recipients of such award, including any 
     financial terms, associated with such award.

     SEC. 1643. PROMOTIONS.

       The precepts for selection boards responsible for 
     recommending promotions of foreign service officers, 
     including members of the senior foreign service, should 
     include consideration of a candidate's experience or service 
     in promotion of human rights and democracy.

     SEC. 1644. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN 
                   COUNTRIES AND ACTIVITIES OF CHIEFS OF MISSION.

       It is the sense of Congress that each chief of mission 
     should provide input on the actions described in the 
     Advancing Freedom and Democracy Report submitted under 
     section 665(c) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n note), 
     as amended by section 1621, and should intensify democracy 
     and human rights promotion activities.

            Subtitle E--Alliances With Democratic Countries

     SEC. 1651. ALLIANCES WITH DEMOCRATIC COUNTRIES.

       (a) Establishment of an Office for the Community of 
     Democracies.--The Secretary of State should, and is 
     authorized to, establish an Office for the Community of 
     Democracies with the mission to further develop and 
     strengthen the institutional structure of the Community of 
     Democracies, develop interministerial projects, enhance the 
     United Nations Democracy Caucus, manage policy development of 
     the United Nations Democracy Fund, and enhance coordination 
     with other regional and multilateral bodies with jurisdiction 
     over democracy issues.
       (b) Sense of Congress on International Center for 
     Democratic Transition.--It is the sense of Congress that the 
     International Center for Democratic Transition, an initiative 
     of the Government of Hungary, serves to promote practical 
     projects and the sharing of best practices in the area of 
     democracy promotion and should be supported by, in 
     particular, other European countries with experiences in 
     democratic transitions, the United States, and private 
     individuals.

             Subtitle F--Funding for Promotion of Democracy

     SEC. 1661. SENSE OF CONGRESS ON THE UNITED NATIONS DEMOCRACY 
                   FUND.

       It is the sense of Congress that the United States should 
     work with other countries to enhance the goals and work of 
     the United Nations Democracy Fund, an essential tool to 
     promote democracy, and in particular support civil society in 
     their efforts to help consolidate democracy and bring about 
     transformational change.

     SEC. 1662. THE HUMAN RIGHTS AND DEMOCRACY FUND.

       The purpose of the Human Rights and Democracy Fund should 
     be to support innovative programming, media, and materials 
     designed to uphold democratic principles, support and 
     strengthen democratic institutions, promote human rights and 
     the rule of law, and build civil societies in countries 
     around the world.
                                 ______
                                 
  SA 412. 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 States more secure by implementing unfinished 
recommendations of the 9/11 Commisssion 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 3, after the item relating to section 803, insert 
     the following:
Sec. 804. Model ports-of-entry.
Sec. 805. International registered traveler program.
       On page 219, between lines 7 and 8, insert the following:

[[Page 5908]]



     SEC. 804. MODEL PORTS-OF-ENTRY.

       (a) In General.--The Secretary of Homeland Security shall--
       (1) establish a model ports-of-entry program for the 
     purpose of providing a more efficient and courteous 
     international visitor screening process in order to 
     facilitate and promote travel to the United States; and
       (2) implement the program initially at the 12 United States 
     international airports with the greatest average annual 
     number of arriving foreign visitors.
       (b) Program Elements.--The program shall include--
       (1) enhanced queue management in the Federal Inspection 
     Services area leading up to primary inspection;
       (2) customer service training for Customs and Border 
     Protection officers (including training in greeting arriving 
     visitors) developed in consultation with the Department of 
     Commerce and the United States Travel and Tourism Advisory 
     Board, customer service ratings for such officers' periodic 
     or annual reviews, and a requirement that officers provide a 
     self-addressed, postpaid customer comment form; and
       (3) instructional videos, in English and such other 
     languages as the Secretary determines appropriate, in the 
     Federal Inspection Services area that explain the United 
     States inspection process and feature national, regional, or 
     local welcome videos.
       (c) Additional Customs and Border Patrol Officers for High 
     Volume Ports.--Before the end of fiscal year 2008, the 
     Secretary of Homeland Security shall employ an additional 200 
     Customs and Border Protection officers to address staff 
     shortages at the 12 busiest international gateway airports in 
     the United States.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 805. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       (a) In General.--Section 7208(k)(3) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
     1365b(k)(3)) is amended to read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports,and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US VISIT program, other pre-screening initiatives, and 
     the visa waiver program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     and may modify the fee from time to time. The fee may not 
     exceed the aggregate costs associated with the program and 
     shall be credited to the Department of Homeland Security for 
     purposes of carrying out the program. Amounts so credited 
     shall remain available until expended.
       ``(C) Rulemaking.--Within 180 days after the date of 
     enactment of the Improving America's Security Act of 2007, 
     the Secretary shall initiate a rulemaking to establish the 
     program, criteria for participation, and the fee for the 
     program.
       ``(D) Implementation.--Not later than 1 year after the date 
     of enactment of the Improving America's Security Act of 2007, 
     the Secretary shall establish a phased-implementation of a 
     biometric-based international registered traveler program in 
     conjunction with the US VISIT entry and exit system, other 
     pre-screening initiatives, and the visa waiver program within 
     the Department of Homeland Security at United States airports 
     with the highest volume of international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.
       ``(F) Technologies.--The Secretary shall coordinate with 
     the Secretary of State to define a schedule for their 
     respective departments for the deployment of appropriate 
     technologies to begin capturing applicable and sufficient 
     biometrics from visa applicants and individuals seeking 
     admission to the United States, if such visa applicant or 
     individual has not previously provided such information, at 
     each consular location and port of entry. The Secretary of 
     Homeland Security shall also coordinate with the Secretary of 
     State regarding the feasibility of allowing visa applicants 
     or individuals to enroll in the International Registered 
     Traveler program at consular offices.''.
                                 ______
                                 
  SA 413. Mr. INHOFE 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:

       Strike section 1103.

                                 ______
                                 
  SA 414. 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 202, strike lines 1 through 8, and insert the 
     following:

     SEC. 704. PROMOTION OF STANDARDS FOR PRIVATE SECTOR 
                   PREPAREDNESS.

       (a) Sense of the Senate.--It is the sense of Congress that 
     the Secretary or any entity designated under section 
     522(c)(1)(A) of the Homeland Security Act of 2002, as added 
     by this Act, should promote, where appropriate, efforts to 
     develop a consistent international standard for private 
     sector preparedness.
       (b) Demonstration Project.--Not later than 120 days after 
     the date of enactment of this Act, the Secretary shall--
       (1) establish a demonstration project to conduct 
     demonstrations of security management systems that--
       (A) shall use a management system standards approach; and
       (B) may be integrated into quality, safety, environmental 
     and other internationally adopted management systems; and
       (2) enter into 1 or more agreements with a private sector 
     entity to conduct such demonstrations of security management 
     systems.
                                 ______
                                 
  SA 415. Mr. DODD 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 233, strike lines 8 through 15.
       On page 233, line 16, strike ``(c)'' and insert ``(b)''.
       On page 233, line 19, strike ``(d)'' and insert ``(c)''.
       On page 234, strike lines 17 through 21 and insert the 
     following:
       (2) Classified information.--
       (A) In general.--The Secretary shall submit with each 
     report under this subsection a classified annex containing 
     information required to be submitted under this subsection 
     that cannot be made public.
       (B) Retention of classification.--The classification of 
     information required to be provided to Congress, the 
     Department, or any other department or agency under this 
     section by a sector-specific agency, including the assignment 
     of a level of classification of such information, shall be 
     binding on Congress, the Department, and that other Federal 
     agency.
       On page 235, line 21, strike ``private sector'' and all 
     that follows through page 236, line 4 and insert ``private 
     sector.''.
       On page 236, line 8, insert ``a report'' after ``submit''.
       On page 236, beginning on line 11, strike ``a report'' and 
     insert the following: ``, and to each Committee of the Senate 
     and the House of Representatives having jurisdiction over the 
     critical infrastructure or key resource addressed by the 
     report,''.
       On page 236, strike lines 18 and 19 and insert the 
     following:
       ``(2) Classified information.--
       ``(A) In general.--The report under this subsection may 
     contain a classified annex.
       ``(B) Retention of classification.--The classification of 
     information required to be provided to Congress, the 
     Department, or any other department or agency under this 
     section by a sector-specific agency, including the assignment 
     of a level of classification of such information, shall be 
     binding on Congress, the Department, and that other Federal 
     agency.''.
       On page 236, after line 23, insert the following:

     SEC. 1004. PRIORITIES AND ALLOCATIONS.

       Not later than 6 months after the last day of fiscal year 
     2007, and for each year thereafter, the Secretary, in 
     cooperation with the Secretary of Commerce, the Secretary of 
     Transportation, the Secretary of Defense, and the Secretary 
     of Energy shall submit to the Committee on Banking, Housing, 
     and Urban Affairs and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Financial Services and the Committee on Homeland Security of 
     the House of Representatives a report that details the 
     actions taken by the

[[Page 5909]]

     Federal Government to ensure, in accordance with subsections 
     (a) and (c) of section 101 of the Defense Production Act of 
     1950 (50 U.S.C. App. 2071), the preparedness of industry--
       (1) to reduce interruption of critical infrastructure 
     operations during a terrorist attack, natural catastrophe, or 
     other similar national emergency; and
       (2) to minimize the impact of such catastrophes, as so 
     described in section 1001(a)(1).
                                 ______
                                 
  SA 416. Mr. BIDEN (for himself and Mr. Lugar) 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:

       Beginning on page 249, strike line 21 and all that follows 
     through page 252, line 23, and insert the following: 
     ``cooperative activity for the Department.
       ``(C) Activities.--The Director shall facilitate the 
     planning, development, and implementation of international 
     cooperative activity to address the strategic priorities 
     developed under subparagraph (B) through mechanisms the Under 
     Secretary considers appropriate, including grants, 
     cooperative agreements, or contracts to or with domestic 
     governmental organizations, businesses, federally funded 
     research and development centers, and universities or, with 
     the concurrence of the Secretary of State, foreign public or 
     private entities.
       ``(D) Identification of partners.--The Director shall 
     facilitate the matching of United States entities engaged in 
     homeland security research with non-United States entities 
     engaged in homeland security research so that they may 
     partner in homeland security research activities.
       ``(4) Coordination.--The Director shall ensure that the 
     activities under this subsection are coordinated with the 
     Office of International Affairs and the Department of State, 
     the Department of Defense, the Department of Energy, and 
     other relevant Federal agencies or interagency bodies. The 
     Director may enter into joint activities with other Federal 
     agencies.
       ``(c) Matching Funding.--
       ``(1) In general.--
       ``(A) Equitability.--The Director shall ensure that funding 
     and resources expended in international cooperative activity 
     will be equitably matched by the foreign partner government 
     or other entity through direct funding, funding of 
     complementary activities, or through the provision of staff, 
     facilities, material, or equipment.
       ``(B) Grant matching and repayment.--
       ``(i) In general.--The Secretary may require a recipient of 
     a grant under this section--

       ``(I) to make a matching contribution of not more than 50 
     percent of the total cost of the proposed project for which 
     the grant is awarded; and
       ``(II) to repay to the Secretary the amount of the grant 
     (or a portion thereof), interest on such amount at an 
     appropriate rate, and such charges for administration of the 
     grant as the Secretary determines appropriate.

       ``(ii) Maximum amount.--The Secretary may not require that 
     repayment under clause (i)(II) be more than 150 percent of 
     the amount of the grant, adjusted for inflation on the basis 
     of the Consumer Price Index.
       ``(2) Foreign partners.--Partners may include Israel, the 
     United Kingdom, Canada, Australia, Singapore, and other 
     allies in the global war on terrorism, as determined by the 
     Secretary of State.
       ``(d) Funding.--Funding for all activities under this 
     section shall be paid from discretionary funds appropriated 
     to the Department.
       ``(e) Foreign Reimbursements.--If the Science and 
     Technology Homeland Security International Cooperative 
     Programs Office participates in an international cooperative 
     activity with a foreign partner on a cost-sharing basis, any 
     reimbursements or contributions received from that foreign 
     partner to meet the share of that foreign partner of the 
     project may be credited to appropriate appropriations 
     accounts of the Directorate of Science and Technology.
       ``(f) Construction; Authorities of the Secretary of 
     State.--Nothing in this section shall be construed to alter 
     or affect the following provisions of law:
       ``(1) Title V of the Foreign Relations Authorization Act, 
     Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
       ``(2) Section 112b(c) of title 1, United States Code.
       ``(3) Section 1(e)(2) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
       ``(4) Sections 2 and 27 of the Arms Export Control Act (22 
     U.S.C. 2752 and 22 U.S.C. 2767).
       ``(5) Section 622(c) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2382(c)).''.
                                 ______
                                 
  SA 417. Mr. BIDEN (for himself, and Mr. Lugar) 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 end, add the following new title:

                TITLE XVI--UNITED STATES FOREIGN POLICY

                      Subtitle A--Public Diplomacy

     SEC. 1601. MIDDLE EAST FOUNDATION.

       (a) Purposes.--The purposes of this section are to support, 
     through the provision of grants, technical assistance, 
     training, and other programs, in the countries of the Middle 
     East, the expansion of--
       (1) civil society;
       (2) opportunities for political participation for all 
     citizens;
       (3) protections for internationally recognized human 
     rights, including the rights of women;
       (4) educational system reforms;
       (5) independent media;
       (6) policies that promote economic opportunities for 
     citizens;
       (7) the rule of law; and
       (8) democratic processes of government.
       (b) Middle East Foundation.--
       (1) Designation.--The Secretary of State is authorized to 
     designate an appropriate private, nonprofit organization that 
     is organized or incorporated under the laws of the United 
     States, or of a State, as the Middle East Foundation 
     (referred to in this section as the ``Foundation'').
       (2) Funding.--The Secretary of State is authorized to 
     provide funding to the Foundation through the Middle East 
     Partnership Initiative of the Department of State. The 
     Foundation shall use amounts provided under this paragraph to 
     carry out the purposes specified in subsection (a), including 
     through making grants and providing other assistance to 
     entities to carry out programs for such purposes.
       (3) Notification to congressional committees.--The 
     Secretary of State shall notify the appropriate congressional 
     committees before designating an appropriate organization as 
     the Foundation.
       (c) Grants for Projects.--
       (1) Foundation to make grants.--The Secretary of State 
     shall enter into an agreement with the Foundation that 
     requires the Foundation to use the funds provided under 
     subsection (b)(2) to make grants to persons or entities 
     (other than governments or government entities) located in 
     the Middle East or working with local partners based in the 
     Middle East to carry out projects that support the purposes 
     specified in subsection (a).
       (2) Center for public policy.--Under the agreement 
     described in paragraph (1), the Foundation may make a grant 
     to an institution of higher education located in the Middle 
     East to create a center for public policy for the purpose of 
     permitting scholars and professionals from the countries of 
     the Middle East and from other countries, including the 
     United States, to carry out research, training programs, and 
     other activities to inform public policymaking in the Middle 
     East and to promote broad economic, social, and political 
     reform for the people of the Middle East.
       (3) Applications for grants.--An entity seeking a grant 
     from the Foundation under this section shall submit an 
     application to the head of the Foundation at such time, in 
     such manner, and containing such information as the head of 
     the Foundation may reasonably require.
       (d) Private Character of the Foundation.--Nothing in this 
     section shall be construed--
       (1) to make the Foundation an agency or establishment of 
     the United States Government, or to make the officers or 
     employees of the Foundation officers or employees of the 
     United States for purposes of title 5, United States Code; or
       (2) to impose any restriction on the Foundation's 
     acceptance of funds from private and public sources in 
     support of its activities consistent with the purposes 
     specified in subsection (a).
       (e) Limitation on Payments to Foundation Personnel.--No 
     part of the funds provided to the Foundation under this 
     section shall inure to the benefit of any officer or employee 
     of the Foundation, except as salary or reasonable 
     compensation for services.
       (f) Retention of Interest.--The Foundation may hold funds 
     provided under this section in interest-bearing accounts 
     prior to the disbursement of such funds to carry out the 
     purposes specified in subsection (a), and, only to the extent 
     and in the amounts provided for in advance in appropriations 
     Acts, may retain for use for such purposes any interest 
     earned without returning such interest to the Treasury of the 
     United States.
       (g) Financial Accountability.--
       (1) Independent private audits of the foundation.--The 
     accounts of the Foundation shall be audited annually in 
     accordance with generally accepted auditing standards

[[Page 5910]]

     by independent certified public accountants or independent 
     licensed public accountants certified or licensed by a 
     regulatory authority of a State or other political 
     subdivision of the United States. The report of the 
     independent audit shall be included in the annual report 
     required by subsection (h).
       (2) GAO audits.--The financial transactions undertaken 
     pursuant to this section by the Foundation may be audited by 
     the Government Accountability Office in accordance with such 
     principles and procedures and under such rules and 
     regulations as may be prescribed by the Comptroller General 
     of the United States.
       (3) Audits of grant recipients.--
       (A) In general.--A recipient of a grant from the Foundation 
     shall agree to permit an audit of the books and records of 
     such recipient related to the use of the grant funds.
       (B) Recordkeeping.--Such recipient shall maintain 
     appropriate books and records to facilitate an audit referred 
     to in subparagraph (A), including--
       (i) separate accounts with respect to the grant funds;
       (ii) records that fully disclose the use of the grant 
     funds;
       (iii) records describing the total cost of any project 
     carried out using grant funds; and
       (iv) the amount and nature of any funds received from other 
     sources that were combined with the grant funds to carry out 
     a project.
       (h) Annual Reports.--Not later than January 31, 2008, and 
     annually thereafter, the Foundation shall submit to the 
     appropriate congressional committees and make available to 
     the public a report that includes, for the fiscal year prior 
     to the fiscal year in which the report is submitted, a 
     comprehensive and detailed description of--
       (1) the operations and activities of the Foundation that 
     were carried out using funds provided under this section;
       (2) grants made by the Foundation to other entities with 
     funds provided under this section;
       (3) other activities of the Foundation to further the 
     purposes specified in subsection (a); and
       (4) the financial condition of the Foundation.
       (i) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (j) Repeal.--Section 534(k) of Public Law 109-102 is 
     repealed.

              Subtitle B--Reconstruction and Stabilization

     SEC. 1611. SHORT TITLE.

       This subtitle may be cited as the ``Reconstruction and 
     Stabilization Civilian Management Act of 2007''.

     SEC. 1612. FINDING; PURPOSE.

       (a) Finding.--Congress finds that the resources of the 
     United States Armed Forces have been burdened by having to 
     undertake stabilization and reconstruction tasks in the 
     Balkans, Afghanistan, Iraq, and other countries of the world 
     that could have been performed by civilians, which has 
     resulted in lengthy deployments for Armed Forces personnel.
       (b) Purpose.--The purpose of this subtitle is to provide 
     for the continued development, as a core mission of the 
     Department of State and the United States Agency for 
     International Development, of an effective expert civilian 
     response capability to carry out reconstruction and 
     stabilization activities in a country or region that is at 
     risk of, is in, or is in transition from conflict or civil 
     strife.

     SEC. 1613. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Department.--Except as otherwise provided in this 
     subtitle, the term ``Department'' means the Department of 
     State.
       (3) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code.
       (4) Secretary.--Except as otherwise provided in this 
     subtitle, the term ``Secretary'' means the Secretary of 
     State.

     SEC. 1614. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the civilian element of United States joint civilian-
     military operations should be strengthened in order to 
     enhance the execution of current and future reconstruction 
     and stabilization activities in foreign countries or regions 
     that are at risk of, are in, or are in transition from 
     conflict or civil strife;
       (2) the capability of civilian agencies of the United 
     States Government to carry out reconstruction and 
     stabilization activities in such countries or regions should 
     also be enhanced through a new rapid response corps of 
     civilian experts supported by the establishment of a new 
     system of planning, organization, personnel policies, and 
     education and training, and the provision of adequate 
     resources;
       (3) the international community, including nongovernmental 
     organizations, and the United Nations and its specialized 
     agencies should be further encouraged to participate in 
     planning and organizing reconstruction and stabilization 
     activities in such countries or regions;
       (4) the executive branch has taken a number of steps to 
     strengthen civilian capability, including the establishment 
     of an office headed by a Coordinator for Reconstruction and 
     Stabilization in the Department, the Presidential designation 
     of the Secretary as the interagency coordinator and leader of 
     reconstruction and stabilization efforts, and Department of 
     Defense directives to the military to support the Office of 
     Reconstruction and Stabilization and to work closely with 
     counterparts in the Department of State and other civilian 
     agencies to develop and enhance personnel, training, 
     planning, and analysis;
       (5) the Secretary and the Administrator should work with 
     the Secretary of Defense to augment existing personnel 
     exchange programs among the Department, the United States 
     Agency for International Development, and the Department of 
     Defense, including the regional commands and the Joint Staff, 
     to enhance the stabilization and reconstruction skills of 
     military and civilian personnel and their ability to 
     undertake joint operations; and
       (6) the heads of other Executive agencies should establish 
     personnel exchange programs that are designed to enhance the 
     stabilization and reconstruction skills of military and 
     civilian personnel.

     SEC. 1615. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION 
                   AND STABILIZATION CRISES.

       Chapter 1 of part III of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2351 et seq.) is amended by inserting after 
     section 617 the following new section:

     ``SEC. 618. ASSISTANCE TO ALLEVIATE A RECONSTRUCTION AND 
                   STABILIZATION CRISIS.

       ``(a) Assistance.--
       ``(1) In general.--If the President determines that it is 
     important to the national interests of the United States for 
     United States civilian agencies or non-Federal employees to 
     assist in stabilizing and reconstructing a country or region 
     that is at risk of, is in, or is in transition from conflict 
     or civil strife, the President may, in accordance with the 
     provisions set forth in section 614(a)(3), notwithstanding 
     any other provision of law, and on such terms and conditions 
     as the President may determine, furnish assistance to respond 
     to the crisis using funds referred to in paragraph (2).
       ``(2) Funds.--The funds referred to in this paragraph are 
     as follows:
       ``(A) Funds made available under this section, including 
     funds authorized to be appropriated by subsection (d).
       ``(B) Funds made available under other provisions of this 
     Act and transferred or reprogrammed for purposes of this 
     section.
       ``(b) Special Authorities.--In furtherance of a 
     determination made under subsection (a), the President may 
     exercise the authorities contained in sections 552(c)(2) and 
     610 without regard to the percentage and aggregate dollar 
     limitations contained in such sections.
       ``(c) Availability of Funds for Response Readiness Corps.--
     Of the funds made available for this section in any fiscal 
     year, including funds authorized to be appropriated by 
     subsection (d) and funds made available under other 
     provisions of this Act and transferred or reprogrammed for 
     purposes of this section, $25,000,000 may be made available 
     for expenses related to the development, training, and 
     operations of the Response Readiness Corps established under 
     section 61(c) of the State Department Basic Authorities Act 
     of 1956.
       ``(d) Authorization of Appropriations.--
       ``(1) Authorization.--There is authorized to be 
     appropriated $75,000,000 to provide assistance authorized in 
     subsection (a) and, to the extent authorized in subsection 
     (c), for the purpose described in subsection (c). Such amount 
     is in addition to amounts otherwise made available for 
     purposes of this section, including funds made available 
     under other provisions of this Act and transferred or 
     reprogrammed for purposes of this section.
       ``(2) Replenishment.--There is authorized to be 
     appropriated each fiscal year such sums as may be necessary 
     to replenish funds expended under this section.
       ``(3) Availability.--Funds authorized to be appropriated 
     under this subsection shall be available without fiscal year 
     limitation.''.

     SEC. 1616. OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND 
                   STABILIZATION.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 61. RECONSTRUCTION AND STABILIZATION.

       ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
       ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary and shall have the rank and status of Ambassador at 
     Large.

[[Page 5911]]

       ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization shall 
     include the following:
       ``(A) Monitoring, in coordination with relevant bureaus 
     within the Department of State, political and economic 
     instability worldwide to anticipate the need for mobilizing 
     United States and international assistance for the 
     stabilization and reconstruction of countries or regions that 
     are at risk of, are in, or are in transition from conflict or 
     civil strife.
       ``(B) Assessing the various types of stabilization and 
     reconstruction crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     Executive agencies that are available to address such crises.
       ``(C) Planning to address requirements, such as 
     demobilization, policing, human rights monitoring, and public 
     information, that commonly arise in stabilization and 
     reconstruction crises.
       ``(D) Coordinating with relevant Executive agencies to 
     develop interagency contingency plans to mobilize and deploy 
     civilian personnel to address the various types of such 
     crises.
       ``(E) Entering into appropriate arrangements with other 
     Executive agencies to carry out activities under this section 
     and the Reconstruction and Stabilization Civilian Management 
     Act of 2007.
       ``(F) Identifying personnel in State and local governments 
     and in the private sector who are available to participate in 
     the Response Readiness Corps established under subsection (c) 
     or to otherwise participate in or contribute to stabilization 
     and reconstruction activities.
       ``(G) Taking steps to ensure that training of civilian 
     personnel to perform such stabilization and reconstruction 
     activities is adequate and, as appropriate, includes security 
     training that involves exercises and simulations with the 
     Armed Forces, including the regional commands.
       ``(H) Sharing information and coordinating plans for 
     stabilization and reconstruction activities, as appropriate, 
     with the United Nations and its specialized agencies, the 
     North Atlantic Treaty Organization, nongovernmental 
     organizations, and other foreign national and international 
     organizations.
       ``(I) Coordinating plans and procedures for joint civilian-
     military operations with respect to stabilization and 
     reconstruction activities.
       ``(J) Maintaining the capacity to field on short notice an 
     evaluation team to undertake on-site needs assessment.
       ``(b) Response to Stabilization and Reconstruction 
     Crisis.--If the President makes a determination regarding a 
     stabilization and reconstruction crisis under section 618 of 
     the Foreign Assistance Act of 1961, the President may 
     designate the Coordinator, or such other individual as the 
     President may determine appropriate, as the coordinator of 
     the United States response. The individual so designated, or, 
     in the event the President does not make such a designation, 
     the Coordinator for Reconstruction and Stabilization, shall--
       ``(1) assess the immediate and long-term need for resources 
     and civilian personnel;
       ``(2) identify and mobilize non-military resources to 
     respond to the crisis; and
       ``(3) coordinate the activities of the other individuals or 
     management team, if any, designated by the President to 
     manage the United States response.''.

     SEC. 1617. RESPONSE READINESS CORPS.

       (a) In General.--Section 61 of the State Department Basic 
     Authorities Act of 1956 (as added by section 1616) is amended 
     by adding at the end the following new subsections:
       ``(c) Response Readiness Corps.--
       ``(1) In general.--The Secretary, in consultation with the 
     Administrator of the United States Agency for International 
     Development and the heads of other appropriate departments 
     and agencies of the United States Government, is authorized 
     to establish and maintain a Response Readiness Corps 
     (hereafter referred to in this subsection as the `Corps') to 
     provide assistance in support of stabilization and 
     reconstruction activities in foreign countries or regions 
     that are at risk of, are in, or are in transition from 
     conflict or civil strife.
       ``(2) Federal components.--
       ``(A) Active and standby components.--The Corps shall have 
     active and standby components consisting of United States 
     Government personnel as follows:
       ``(i) An active component, consisting of not more than 250 
     personnel who are recruited, employed, and trained in 
     accordance with this paragraph.
       ``(ii) A standby component, consisting of not more than 
     2000 personnel who are recruited and trained in accordance 
     with this paragraph.
       ``(B) Authorized members of standby component.--Personnel 
     in the standby component of the Corps may include employees 
     of the Department of State (including Foreign Service 
     Nationals), employees of the United States Agency for 
     International Development, employees of any other Executive 
     agency, and employees of the legislative branch and judicial 
     branch of Government--
       ``(i) who are assigned to the standby component by the 
     Secretary following nomination for such assignment by the 
     head of the department or agency of the United States 
     Government concerned or by an appropriate official of the 
     legislative or judicial branch of Government, as applicable; 
     and
       ``(ii) who--

       ``(I) have the training and skills necessary to contribute 
     to stabilization and reconstruction activities; and
       ``(II) have volunteered for deployment to carry out 
     stabilization and reconstruction activities.

       ``(C) Recruitment and employment.--The recruitment and 
     employment of personnel to the Corps shall be carried out by 
     the Secretary, the Administrator of the United States Agency 
     for International Development, and the heads of the other 
     departments and agencies of the United States Government 
     participating in the establishment and maintenance of the 
     Corps.
       ``(D) Training.--The Secretary is authorized to train the 
     members of the Corps under this paragraph to perform services 
     necessary to carry out the purpose of the Corps under 
     paragraph (1).
       ``(E) Compensation.--Members of the active component of the 
     Corps under subparagraph (A)(i) shall be compensated in 
     accordance with the appropriate salary class for the Foreign 
     Service, as set forth in sections 402 and 403 of the Foreign 
     Service Act of 1980 (22 U.S.C. 3962, 3963), or in accordance 
     with the relevant authority under sections 3101 and 3392 of 
     title 5, United States Code.
       ``(3) Civilian reserve.--
       ``(A) Civilian reserve.--The Corps shall have a reserve 
     (hereafter referred to in this subsection as the `Civilian 
     Reserve') of non-United States Government personnel who are 
     trained and available as needed to perform services necessary 
     to carry out the purpose of the Corps under paragraph (1). 
     The Civilian Reserve shall be established by the Secretary, 
     in consultation with the Administrator of the Unites States 
     Agency for International Development and the heads of other 
     appropriate departments and agencies of the United States 
     Government.
       ``(B) Composition.--Beginning not later than one year after 
     the date of the enactment of the Reconstruction and 
     Stabilization Civilian Management Act of 2007, the Civilian 
     Reserve shall include at least 500 personnel, who may include 
     retired employees of the United States Government, contractor 
     personnel, nongovernmental organization personnel, State and 
     local government employees, and individuals from the private 
     sector, who--
       ``(i) have the training and skills necessary to enable them 
     to contribute to stabilization and reconstruction activities;
       ``(ii) have volunteered to carry out stabilization and 
     reconstruction activities; and
       ``(iii) are available for training and deployment to carry 
     out the purpose of the Corps under paragraph (1).
       ``(4) Use of response readiness corps.--
       ``(A) Federal active component.--Members of the active 
     component of the Corps under paragraph (2)(A)(i) are 
     authorized to be available--
       ``(i) for activities in direct support of stabilization and 
     reconstruction activities; and
       ``(ii) if not engaged in activities described in clause 
     (i), for assignment in the United States, United States 
     diplomatic missions, and United States Agency for 
     International Development missions.
       ``(B) Federal standby component and civilian reserve.--The 
     Secretary may deploy members of the Federal standby component 
     of the Corps under paragraph (2)(A)(ii), and members of the 
     Civilian Reserve under paragraph (3), in support of 
     stabilization and reconstruction activities in a foreign 
     country or region if the President makes a determination 
     regarding a stabilization and reconstruction crisis under 
     section 618 of the Foreign Assistance Act of 1961.
       ``(d) Executive Agency Defined.--In this section, the term 
     `Executive agency' has the meaning given the term in section 
     105 of title 5, United States Code.''.
       (b) Employment Authority.--The full-time personnel in the 
     active component of the Response Readiness Corps under 
     section 61(c)(2)(A)(i) of the State Department Basic 
     Authorities Act of 1956 (as added by subsection (a)) are in 
     addition to any other full-time personnel of the Department 
     or the United States Agency for International Development 
     authorized to be employed under any other provision of law.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the status of efforts to establish the Response 
     Readiness Corps under this section. The report should include 
     recommendations for any legislation necessary to implement 
     section 61(c) of the State Department Basic Authorities Act 
     of 1956 (as so added).

     SEC. 1618. STABILIZATION AND RECONSTRUCTION TRAINING AND 
                   EDUCATION.

       Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 
     4021) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Stabilization and Reconstruction Curriculum.--
       ``(1) Establishment and mission.--The Secretary, in 
     cooperation with the Secretary

[[Page 5912]]

     of Defense and the Secretary of the Army, is authorized to 
     establish a stabilization and reconstruction curriculum for 
     use in programs of the Foreign Service Institute, the 
     National Defense University, and the United States Army War 
     College.
       ``(2) Curriculum content.--The curriculum should include 
     the following:
       ``(A) An overview of the global security environment, 
     including an assessment of transnational threats and an 
     analysis of United States policy options to address such 
     threats.
       ``(B) A review of lessons learned from previous United 
     States and international experiences in stabilization and 
     reconstruction activities.
       ``(C) An overview of the relevant responsibilities, 
     capabilities, and limitations of various Executive agencies 
     (as that term is defined in section 105 of title 5, United 
     States Code) and the interactions among them.
       ``(D) A discussion of the international resources available 
     to address stabilization and reconstruction requirements, 
     including resources of the United Nations and its specialized 
     agencies, nongovernmental organizations, private and 
     voluntary organizations, and foreign governments, together 
     with an examination of the successes and failures experienced 
     by the United States in working with such entities.
       ``(E) A study of the United States interagency system.
       ``(F) Foreign language training.
       ``(G) Training and simulation exercises for joint civilian-
     military emergency response operations.''.

     SEC. 1619. SERVICE RELATED TO STABILIZATION AND 
                   RECONSTRUCTION.

       (a) Promotion Purposes.--Service in stabilization and 
     reconstruction operations overseas, membership in the 
     Response Readiness Corps under section 61(c) of the State 
     Department Basic Authorities Act of 1956 (as added by section 
     1617), and education and training in the stabilization and 
     reconstruction curriculum established under section 701(g) of 
     the Foreign Service Act of 1980 (as added by section 1618) 
     should be considered among the favorable factors for the 
     promotion of employees of Executive agencies.
       (b) Personnel Training and Promotion.--The Secretary and 
     the Administrator should take steps to ensure that, not later 
     than 3 years after the date of the enactment of this Act, at 
     least 10 percent of the employees of the Department and the 
     United States Agency for International Development in the 
     United States are members of the Response Readiness Corps or 
     are trained in the activities of, or identified for potential 
     deployment in support of, the Response Readiness Corps. The 
     Secretary should provide such training as needed to 
     Ambassadors and Deputy Chiefs of Mission.
       (c) Other Incentives and Benefits.--The Secretary and the 
     Administrator may establish and administer a system of awards 
     and other incentives and benefits to confer appropriate 
     recognition on and reward any individual who is assigned, 
     detailed, or deployed to carry out stabilization or 
     reconstruction activities in accordance with this subtitle.

     SEC. 1620. AUTHORITIES RELATED TO PERSONNEL.

       (a) Contracting Authority.--
       (1) In general.--The Secretary, or the Administrator with 
     the concurrence of the Secretary, may enter into contracts to 
     procure the services of nationals of the United States (as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)) or aliens authorized 
     to be employed in the United States as personal services 
     contractors for the purpose of carrying out this subtitle, 
     without regard to Civil Service or classification laws, for 
     service in the Office of the Coordinator for Reconstruction 
     and Stabilization or for service in foreign countries to 
     assist in stabilizing and reconstructing a country or region 
     that is at risk of, is in, or is in transition from conflict 
     or civil strife.
       (2) Not employees.--Individuals performing services under 
     contracts described in paragraph (1) shall not by virtue of 
     performing such services be considered to be employees of the 
     United States Government for purposes of any law administered 
     by the Office of Personnel Management (except that the 
     Secretary or Administrator may determine the applicability to 
     such individuals of any law administered by the Secretary or 
     Administrator concerning the performance of such services by 
     such individuals).
       (b) Experts and Consultants.--The Secretary and the 
     Administrator may, to the extent necessary to obtain services 
     without delay, employ experts and consultants under section 
     3109 of title 5, United States Code, for the purpose of 
     carrying out this subtitle, without requiring compliance with 
     any otherwise applicable requirements for that employment as 
     the Secretary or Administrator may determine, except that 
     such employment shall be terminated after 60 days if by that 
     time the applicable requirements are not complied with.
       (c) Authority To Accept and Assign Details.--The Secretary 
     is authorized to accept details or assignments of employees 
     of Executive agencies, members of the uniformed services, and 
     employees of State or local governments on a reimbursable or 
     nonreimbursable basis for the purpose of carrying out this 
     subtitle. The assignment of an employee of a State or local 
     government under this subsection shall be consistent with 
     subchapter VI of chapter 33 of title 5, United States Code.
       (d) Dual Compensation Waiver.--
       (1) Annuitants under civil service retirement system or 
     federal employees retirement system.--Notwithstanding 
     sections 8344(i) and 8468(f) of title 5, United States Code, 
     the Secretary or the head of another Executive agency, as 
     authorized by the Secretary, may waive the application of 
     subsections (a) through (h) of such section 8344 and 
     subsections (a) through (e) of such section 8468 with respect 
     to annuitants under the Civil Service Retirement System or 
     the Federal Employees Retirement System who are assigned, 
     detailed, or deployed to assist in stabilizing and 
     reconstructing a country or region that is at risk of, is in, 
     or is in transition from conflict or civil strife during the 
     period of their reemployment.
       (2) Annuitants under foreign service retirement and 
     disability system or foreign service pension system.--The 
     Secretary may waive the application of subsections (a) 
     through (d) of section 824 of the Foreign Service Act (22 
     U.S.C. 4064) for annuitants under the Foreign Service 
     Retirement and Disability System or the Foreign Service 
     Pension System who are reemployed on a temporary basis in 
     order to be assigned, detailed, or deployed to assist in 
     stabilization and reconstruction activities under this 
     subtitle.
       (e) Increase in Premium Pay Cap.--The Secretary, or the 
     head of another Executive agency as authorized by the 
     Secretary, may compensate an employee detailed, assigned, or 
     deployed to assist in stabilizing and reconstructing a 
     country or region that is at risk of, is in, or is in 
     transition from conflict or civil strife, without regard to 
     the limitations on premium pay set forth in section 5547 of 
     title 5, United States Code, to the extent that the aggregate 
     of the basic pay and premium pay of such employee for a year 
     does not exceed the annual rate payable for level II of the 
     Executive Schedule.
       (f) Extension of Certain Foreign Service Benefits.--The 
     Secretary, or the head of another Executive agency as 
     authorized by the Secretary, may extend to any individuals 
     assigned, detailed, or deployed to carry out stabilization 
     and reconstruction activities in accordance with this 
     subtitle, the benefits or privileges set forth in sections 
     412, 413, 704, and 901 of the Foreign Service Act of 1980 (22 
     U.S.C. 3972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 
     4081) to the same extent and manner that such benefits and 
     privileges are extended to members of the Foreign Service.
       (g) Compensatory Time.--Notwithstanding any other provision 
     of law, the Secretary may, subject to the consent of an 
     individual who is assigned, detailed, or deployed to carry 
     out stabilization and reconstruction activities in accordance 
     with this subtitle, grant such individual compensatory time 
     off for an equal amount of time spent in regularly or 
     irregularly scheduled overtime work. Credit for compensatory 
     time off earned shall not form the basis for any additional 
     compensation. Any such compensatory time not used within 26 
     pay periods shall be forfeited.
       (h) Acceptance of Volunteer Services.--
       (1) In general.--The Secretary may accept volunteer 
     services for the purpose of carrying out this subtitle 
     without regard to section 1342 of title 31, United States 
     Code.
       (2) Types of volunteers.--Donors of voluntary services 
     accepted for purposes of this section may include--
       (A) advisors;
       (B) experts;
       (C) consultants; and
       (D) persons performing services in any other capacity 
     determined appropriate by the Secretary.
       (3) Supervision.--The Secretary shall--
       (A) ensure that each person performing voluntary services 
     accepted under this section is notified of the scope of the 
     voluntary services accepted;
       (B) supervise the volunteer to the same extent as employees 
     receiving compensation for similar services; and
       (C) ensure that the volunteer has appropriate credentials 
     or is otherwise qualified to perform in each capacity for 
     which the volunteer's services are accepted.
       (4) Applicability of law relating to federal government 
     employees.--A person providing volunteer services accepted 
     under this section shall not be considered an employee of the 
     Federal Government in the performance of those services, 
     except for the purposes of the following provisions of law:
       (A) Chapter 81 of title 5, United States Code, relating to 
     compensation for work-related injuries.
       (B) Chapter 11 of title 18, United States Code, relating to 
     conflicts of interest.
       (5) Applicability of law relating to volunteer liability 
     protection.--
       (A) In general.--A person providing volunteer services 
     accepted under this section shall be deemed to be a volunteer 
     of a nonprofit organization or governmental entity, with 
     respect to the accepted services, for purposes of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
       (B) Inapplicability of exceptions to volunteer liability 
     protection.--Section 4(d)

[[Page 5913]]

     of such Act (42 U.S.C. 14503(d)) shall not apply with respect 
     to the liability of a person with respect to services of such 
     person that are accepted under this section.
       (i) Authority for Outside Advisors.--
       (1) In general.--The Secretary may establish temporary 
     advisory commissions composed of individuals with appropriate 
     expertise to facilitate the carrying out of this subtitle.
       (2) Inapplicability of faca.--The requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the activities of a commission established under 
     this subsection.

     SEC. 1621. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for each fiscal year 
     $80,000,000 for personnel, education and training, equipment, 
     and travel costs for purposes of carrying out this subtitle 
     and the amendments made by this subtitle (other than the 
     amendment made by section 1615).

             Subtitle C--Nuclear Nonproliferation Programs

     SEC. 1631. ANNUAL REPORT ON NUCLEAR MATERIAL THREAT 
                   MITIGATION.

       (a) Annual Report.--
       (1) In general.--Not later than March 1, 2008, and annually 
     thereafter, the President shall submit to the appropriate 
     congressional committees a report on United States Government 
     efforts, for the year ending December 31 of the preceding 
     calendar year, to mitigate the threats caused by high-risk, 
     proliferation-attractive fissile materials, radiological 
     materials, and related equipment located at sites potentially 
     vulnerable to theft or diversion.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) A description of the progress achieved during the 
     preceding calendar year and of the impediments to further 
     progress in securing and reducing nuclear materials 
     worldwide, taking into account the priority accorded to 
     various sites and the plan set forth in the report submitted 
     pursuant to paragraph (2) of section 3132(d) of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (50 U.S.C. 2569(d)(2)), as updated pursuant to 
     subsection (c)(1).
       (B) Any needed adjustments to such plan or any updates to 
     the plan.
       (b) Strategies Required for 2007 Report.--The report 
     required under subsection (a) for the year ending December 
     31, 2007, shall also include the following strategies:
       (1) A strategy for sustaining and building on the progress 
     regarding nuclear material security that United States 
     assistance has helped bring about in the independent states 
     of the former Soviet Union and elsewhere.
       (2) A strategy for integrating programmatic United States 
     nonproliferation activities with the Proliferation Security 
     Initiative, the G8 Global Partnership Against the Spread of 
     Weapons of Mass Destruction, the Global Initiative to Combat 
     Nuclear Terrorism, worldwide implementation of relevant 
     United Nations Security Council resolutions, notably United 
     Nations Security Council Resolution 1540 (2004), and other 
     United States diplomatic and military nonproliferation and 
     counterproliferation activities.
       (c) Biennial Updates.--The report required by subsection 
     (a) for the year ending December 31, 2008, and for each even-
     numbered year thereafter, shall include--
       (1) an update of the list of sites and the plan submitted 
     pursuant to section 3132(d)(2) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 (50 
     U.S.C. 2569(d)(2)); and
       (2) an update of the strategies submitted pursuant to 
     subsection (b).
       (d) Later Deadline Applicable to Certain Annual Reports.--
     The report required by subsection (a) for the year ending 
     December 31, 2008, and for every fourth year thereafter, 
     shall be submitted by May 15 of the succeeding year.
       (e) Integration of Other Reports.--
       (1) Post-inauguration report on nonproliferation and threat 
     reduction objectives of the president.--The report required 
     by section 1339(a) of the Foreign Relations Authorization 
     Act, Fiscal Year 2003 (50 U.S.C. 2357g(a)) may be integrated 
     into the report submitted under subsection (d).
       (2) Information in cooperative threat reduction annual 
     report.--
       (A) Citation by reference.--Information relevant to a 
     report required under this section that is already contained 
     in an annual report on activities and assistance under 
     Cooperative Threat Reduction programs submitted to Congress 
     under section 1308 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398; 
     114 Stat. 1654A-341) for the fiscal year during which the 
     report required under this section is submitted may be cited 
     by reference in the report required under this section.
       (B) Inclusion in appendix.--Information described under 
     subparagraph (A) that is cited by reference in a report 
     required under this section shall be reprinted in an appendix 
     to the report.
       (f) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may be accompanied by 
     classified appendices.
       (g) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.

     SEC. 1632. NUCLEAR NONPROLIFERATION BUDGET REPORT.

       (a) Report.--In connection with the budget submitted to 
     Congress under section 1105(a) of title 31, United States 
     Code, the President shall submit to the appropriate 
     congressional committees a report setting forth the nuclear 
     nonproliferation budget of the Federal Government.
       (b) Components.--
       (1) Programs.--The report required under subsection (a) 
     shall include relevant programs of the Department of Defense, 
     the Department of State, and the Department of Energy, such 
     as the following:
       (A) Within the Department of Defense: Cooperative Threat 
     Reduction, WMD Proliferation Prevention Initiatives, and 
     International Counter-Proliferation.
       (B) Within the Department of State: International Science 
     and Technology Centers and other elements of the Global 
     Threat Reduction Program, Nonproliferation and Disarmament 
     Fund, Export Control and Related Border Security, 
     Proliferation Security Initiative, and support for the 
     International Monitoring System of the CTBTO Preparatory 
     Commission.
       (C) Within the Department of Energy: Nonproliferation and 
     Verification Research and Development, Nonproliferation and 
     International Security, International Nuclear Materials 
     Protection and Cooperation, Global Threat Reduction 
     Initiative, HEU Transparency Implementation, Elimination of 
     Weapons-Grade Plutonium Production, and Fissile Materials 
     Disposition.
       (2) Related activities.--The report required under 
     subsection (a) shall include activities of the Department of 
     Commerce, the Department of Homeland Security, and other 
     departments or agencies that are of the same type as, or are 
     undertaken pursuant to, the programs described in paragraph 
     (1).
       (c) Nonproliferation Objectives.--The report required under 
     subsection (a) shall set forth--
       (1) the objectives of the executive branch regarding 
     nuclear nonproliferation;
       (2) the contribution of each program to those objectives;
       (3) the planned coordination of the programs in the 
     upcoming fiscal year;
       (4) the proposed budget for each program;
       (5) the planned use of funds by each program; and
       (6) the milestones that each program is expected to 
     achieve.
       (d) Information in Cooperative Threat Reduction Annual 
     Report.--
       (1) Citation by reference.--Information relevant to 
     paragraphs (4), (5), and (6) of subsection (c) that is 
     already contained in an annual report on activities and 
     assistance under Cooperative Threat Reduction programs 
     submitted to Congress under section 1308 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (Public Law 106-398; 114 Stat. 1654A-341) may be cited 
     by reference in the report required under subsection (a).
       (2) Inclusion in appendix.--Information described under 
     paragraph (1) that is cited by reference in a report required 
     under subsection (a) shall be reprinted in an appendix to the 
     report.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Appropriations of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Homeland Security, and the 
     Committee on Appropriations of the House of Representatives.

     SEC. 1633. NUCLEAR COMPLIANCE CONTINGENCY RESERVE.

       Chapter 9 of part II of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2349bb et seq.) is amended by inserting after 
     section 584 the following new section:

     ``SEC. 584A. NUCLEAR COMPLIANCE CONTINGENCY RESERVE.

       ``(a) Establishment.--The Secretary of State shall 
     establish a contingency reserve within the Nonproliferation 
     and Disarmament Fund established pursuant to section 504 of 
     the FREEDOM Support Act (22 U.S.C. 5854) for use in securing 
     and verifying the compliance of North Korea and Iran with 
     separate agreements under which each country is obligated to 
     suspend or abandon sensitive nuclear activities, facilities, 
     and materials.
       ``(b) Application of Existing Law and Procedures.--The 
     contingency reserve established under subsection (a) shall be 
     subject to the provisions of sections 504, 507, and 508 of 
     the FREEDOM Support Act (22 U.S.C. 5854, 5857, and 5858) and 
     shall be administered using the financial release procedures 
     of the Nonproliferation and Disarmament Fund.

[[Page 5914]]

       ``(c) Certification Requirement.--Each report regarding the 
     contingency reserve established pursuant to subsection (a) 
     that is submitted pursuant to subsection 508(a) of the 
     FREEDOM Support Act (22 U.S.C. 5858(a)) shall include a 
     certification that--
       ``(1) a qualifying agreement described under such 
     subsection is in force; and
       ``(2) full use is being made, as appropriate, of the 
     Cooperative Threat Reduction Program of the Department of 
     Defense, pursuant to section 1308 of the National Defense 
     Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963).
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated, 
     in addition to other funds authorized to be appropriated for 
     such purposes, $100,000,000 for each of fiscal years 2008, 
     2009, 2010, 2011, and 2012.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations under paragraph (1) 
     are authorized to remain available until expended.''.

     SEC. 1634. INCREASED PROTECTION AGAINST RADIOLOGICAL THREATS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Nuclear Regulatory Commission should promulgate new 
     regulations applicable to Nuclear Regulatory Commission 
     licensees and licensees of Nuclear Regulatory Commission 
     Agreement States to reduce the risk that isotopes of elements 
     such as americium, californium, plutonium, and polonium will 
     be used as weapons of murder or assassination.
       (b) Risk Study.--Not later than 180 days after the date of 
     the enactment of this Act, the Chairman of the Nuclear 
     Regulatory Commission shall submit to Congress a study of the 
     risk that isotopes of elements such as americium, 
     californium, plutonium, and polonium will be used as weapons 
     of murder or assassination and the feasibility of 
     promulgating regulations to reduce that risk.
       (c) Consultation.--In conducting the study required by 
     subsection (b) of this section, the Chairman of the Nuclear 
     Regulatory Commission shall consult with appropriate members 
     of the Nuclear and Radiation Studies Board of the National 
     Academies.

Subtitle D--Global Pathogen Surveillance and Combating of Bioterrorism 
                          and Avian Influenza

                  PART I--GLOBAL PATHOGEN SURVEILLANCE

     SEC. 1641. SHORT TITLE.

       This part may be cited as the ``Global Pathogen 
     Surveillance Act of 2007''.

     SEC. 1642. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The frequency of the occurrence of biological events 
     that could threaten the national security of the United 
     States has increased and is likely increasing. The threat to 
     the United States from such events includes threats from 
     diseases that infect humans, animals, or plants regardless of 
     whether such diseases are introduced naturally, accidentally, 
     or intentionally.
       (2) The United States lacks an effective and real-time 
     system to detect, identify, contain, and respond to global 
     threats and also lacks an effective mechanism to disseminate 
     information to the national response community if such 
     threats arise.
       (3) Bioterrorism poses a grave national security threat to 
     the United States. The insidious nature of a bioterrorist 
     attack, the likelihood that the recognition of such an attack 
     would be delayed, and the underpreparedness of the domestic 
     public health infrastructure to respond to such an attack 
     could result in catastrophic consequences following a 
     biological weapons attack against the United States.
       (4) The ability to recognize that a country or organization 
     is carrying out a covert biological weapons program is 
     dependent on a number of indications and warnings. A critical 
     component of this recognition is the timely detection of 
     sentinel events such as laboratory accidents and community-
     level outbreaks that could be the earliest indication of an 
     emerging bioterrorist program in a foreign country. Early 
     detection of such events may enable earlier 
     counterproliferation intervention.
       (5) A contagious pathogen engineered as a biological weapon 
     and developed, tested, produced, or released in a foreign 
     country could quickly spread to the United States. 
     Considering the realities of international travel, trade, and 
     migration patterns, a dangerous pathogen appearing naturally, 
     accidentally, or intentionally anywhere in the world can 
     spread to the United States in a matter of days, before any 
     effective quarantine or isolation measures could be 
     implemented.
       (6) To combat bioterrorism effectively and ensure that the 
     United States is fully prepared to prevent, recognize, and 
     contain a biological weapons attack or emerging infectious 
     disease, measures to strengthen the domestic public health 
     infrastructure and improve domestic event detection, 
     surveillance, and response, while absolutely essential, are 
     not sufficient.
       (7) The United States should enhance cooperation with the 
     World Health Organization, regional international health 
     organizations, and individual countries, including data 
     sharing with appropriate agencies and departments of the 
     United States, to help detect and quickly contain infectious 
     disease outbreaks or a bioterrorism agent before such a 
     disease or agent is spread.
       (8) The World Health Organization has done an impressive 
     job in monitoring infectious disease outbreaks around the 
     world, particularly with the establishment in April 2000 of 
     the Global Outbreak Alert and Response Network.
       (9) The capabilities of the World Health Organization 
     depend on the quality of the data and information the 
     Organization receives from the countries that are members of 
     the Organization and is further limited by the narrow list of 
     diseases (such as plague, cholera, and yellow fever) on which 
     such surveillance and monitoring is based and by the 
     consensus process used by the Organization to add new 
     diseases to the list. Developing countries, in particular, 
     often are unable to devote the necessary resources to build 
     and maintain public health infrastructures.
       (10) In particular, developing countries could benefit 
     from--
       (A) better trained public health professionals and 
     epidemiologists to recognize disease patterns;
       (B) appropriate laboratory equipment for diagnosis of 
     pathogens;
       (C) disease reporting systems that--
       (i) are based on disease and syndrome surveillance; and
       (ii) could enable an effective response to a biological 
     event to begin at the earliest possible opportunity;
       (D) a narrowing of the existing technology gap in disease 
     and syndrome surveillance capabilities, based on reported 
     symptoms, and real-time information dissemination to public 
     health officials; and
       (E) appropriate communications equipment and information 
     technology to efficiently transmit information and data 
     within national, international regional, and international 
     health networks, including inexpensive, Internet-based 
     Geographic Information Systems (GIS) and relevant telephone-
     based systems for early recognition and diagnosis of 
     diseases.
       (11) An effective international capability to detect, 
     monitor, and quickly diagnose infectious disease outbreaks 
     will offer dividends not only in the event of biological 
     weapons development, testing, production, and attack, but 
     also in the more likely cases of naturally occurring 
     infectious disease outbreaks that could threaten the United 
     States. Furthermore, a robust surveillance system will serve 
     to deter, prevent, or contain terrorist use of biological 
     weapons, mitigating the intended effects of such malevolent 
     uses.
       (b) Purposes.--The purposes of this part are as follows:
       (1) To provide the United States with an effective and 
     real-time system to detect biological threats that--
       (A) utilizes classified and unclassified information to 
     detect such threats; and
       (B) may be utilized by the human or the agricultural 
     domestic disease response community.
       (2) To enhance the capability of the international 
     community, through the World Health Organization and 
     individual countries, to detect, identify, and contain 
     infectious disease outbreaks, whether the cause of those 
     outbreaks is intentional human action or natural in origin.
       (3) To enhance the training of public health professionals 
     and epidemiologists from eligible developing countries in 
     advanced Internet-based disease and syndrome surveillance 
     systems, in addition to traditional epidemiology methods, so 
     that such professionals and epidemiologists may better 
     detect, diagnose, and contain infectious disease outbreaks, 
     especially such outbreaks caused by the pathogens that may be 
     likely to be used in a biological weapons attack.
       (4) To provide assistance to developing countries to 
     purchase appropriate communications equipment and information 
     technology to detect, analyze, and report biological threats, 
     including--
       (A) relevant computer equipment, Internet connectivity 
     mechanisms, and telephone-based applications to effectively 
     gather, analyze, and transmit public health information for 
     infectious disease surveillance and diagnosis; and
       (B) appropriate computer equipment and Internet 
     connectivity mechanisms--
       (i) to facilitate the exchange of Geographic Information 
     Systems-based disease and syndrome surveillance information; 
     and
       (ii) to effectively gather, analyze, and transmit public 
     health information for infectious disease surveillance and 
     diagnosis.
       (5) To make available greater numbers of public health 
     professionals who are employed by the Government of the 
     United States to international regional and international 
     health organizations, international regional and 
     international health networks, and United States diplomatic 
     missions, as appropriate.
       (6) To expand the training and outreach activities of 
     United States laboratories located in foreign countries, 
     including the Centers for Disease Control and Prevention or 
     Department of Defense laboratories, to enhance the public 
     health capabilities of developing countries.

[[Page 5915]]

       (7) To provide appropriate technical assistance to existing 
     international regional and international health networks and, 
     as appropriate, seed money for new international regional and 
     international networks.

     SEC. 1643. DEFINITIONS.

       In this part:
       (1) Eligible developing country.--The term ``eligible 
     developing country'' means any developing country that--
       (A) has agreed to the objective of fully complying with 
     requirements of the World Health Organization on reporting 
     public health information on outbreaks of infectious 
     diseases;
       (B) has not been determined by the Secretary, for purposes 
     of section 40 of the Arms Export Control Act (22 U.S.C. 
     2780), section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371), or section 6(j) of the Export Administration 
     Act of 1979 (as in effect pursuant to the International 
     Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), to 
     have repeatedly provided support for acts of international 
     terrorism, unless the Secretary exercises a waiver certifying 
     that it is in the national interest of the United States to 
     provide assistance under the provisions of this part; and
       (C) is a party to the Convention on the Prohibition of the 
     Development, Production and Stockpiling of Bacteriological 
     (Biological) and Toxin Weapons and on Their Destruction, done 
     at Washington, London, and Moscow April 10, 1972 (26 UST 
     583).
       (2) Eligible national.--The term ``eligible national'' 
     means any citizen or national of an eligible developing 
     country who--
       (A) does not have a criminal background;
       (B) is not on any immigration or other United States watch 
     list; and
       (C) is not affiliated with any foreign terrorist 
     organization.
       (3) International health organization.--The term 
     ``international health organization'' includes such 
     international organizations as the World Health Organization, 
     regional offices of such organizations, and such regional 
     international health organizations as the Pan American Health 
     Organization.
       (4) Laboratory.--The term ``laboratory'' means a facility 
     for the biological, microbiological, serological, chemical, 
     immuno-hematological, hematological, biophysical, 
     cytological, pathological, or other medical examination of 
     materials derived from the human body for the purpose of 
     providing information for the diagnosis, prevention, or 
     treatment of any disease or impairment of, or the assessment 
     of the health of, human beings.
       (5) Secretary.--Unless otherwise provided, the term 
     ``Secretary'' means the Secretary of State.
       (6) Disease and syndrome surveillance.--The term ``disease 
     and syndrome surveillance'' means the recording of clinician-
     reported symptoms (patient complaints) and signs (derived 
     from physical examination and laboratory data) combined with 
     simple geographic locators to track the emergence of a 
     disease in a population.

     SEC. 1644. ELIGIBILITY FOR ASSISTANCE.

       (a) In General.--Except as provided in subsection (b), 
     assistance may be provided to an eligible developing country 
     under any provision of this part only if the government of 
     the eligible developing country--
       (1) permits personnel from the World Health Organization 
     and the Centers for Disease Control and Prevention to 
     investigate outbreaks of infectious diseases within the 
     borders of such country; and
       (2) provides pathogen surveillance data to the appropriate 
     agencies and departments of the United States and to 
     international health organizations.
       (b) Waiver.--The Secretary may waive the prohibition set 
     out in subsection (a) if the Secretary determines that it is 
     in the national interest of the United States to provide such 
     a waiver.

     SEC. 1645. RESTRICTION.

       (a)  In General.--Notwithstanding any other provision of 
     this part, no foreign national participating in a program 
     authorized under this part shall have access, during the 
     course of such participation, to a select agent or toxin 
     described in section 73.4 of title 42, Code of Federal 
     Regulations (or any corresponding similar regulation) or an 
     overlap select agent or toxin described in section 73.5 of 
     such title (or any corresponding similar regulation) that may 
     be used as, or in, a biological weapon, except in a 
     supervised and controlled setting.
       (b) Relationship to Regulations.--The restriction set out 
     in subsection (a) may not be construed to limit the ability 
     of the Secretary of Health and Human Services to prescribe, 
     through regulation, standards for the handling of a select 
     agent or toxin or an overlap select agent or toxin described 
     in such subsection.

     SEC. 1646. FELLOWSHIP PROGRAM.

       (a) Establishment.--There is established a fellowship 
     program under which the Secretary, in consultation with the 
     Secretary of Health and Human Services and subject to the 
     availability of appropriations, shall award fellowships to 
     eligible nationals to pursue public health education or 
     training, as follows:
       (1) Master of public health degree.--Graduate courses of 
     study leading to a master of public health degree with a 
     concentration in epidemiology from an institution of higher 
     education in the United States with a Center for Public 
     Health Preparedness, as determined by the Director of the 
     Centers for Disease Control and Prevention.
       (2) Advanced public health epidemiology training.--Advanced 
     public health training in epidemiology for public health 
     professionals from eligible developing countries to be 
     carried out at the Centers for Disease Control and 
     Prevention, an appropriate facility of a State, or an 
     appropriate facility of another agency or department of the 
     United States (other than a facility of the Department of 
     Defense or a national laboratory of the Department of Energy) 
     for a period of not less than 6 months or more than 12 
     months.
       (b) Specialization in Bioterrorism.--In addition to the 
     education or training specified in subsection (a), each 
     recipient of a fellowship under this section (in this section 
     referred to as a ``fellow'') may take courses of study at the 
     Centers for Disease Control and Prevention or at an 
     equivalent facility on diagnosis and containment of likely 
     bioterrorism agents.
       (c) Fellowship Agreement.--
       (1) In general.--A fellow shall enter into an agreement 
     with the Secretary under which the fellow agrees--
       (A) to maintain satisfactory academic progress, as 
     determined in accordance with regulations issued by the 
     Secretary and confirmed in regularly scheduled updates to the 
     Secretary from the institution providing the education or 
     training on the progress of the fellow's education or 
     training;
       (B) upon completion of such education or training, to 
     return to the fellow's country of nationality or last 
     habitual residence (so long as it is an eligible developing 
     country) and complete at least 4 years of employment in a 
     public health position in the government or a 
     nongovernmental, not-for-profit entity in that country or, 
     with the approval of the Secretary, complete part or all of 
     this requirement through service with an international health 
     organization without geographic restriction; and
       (C) that, if the fellow is unable to meet the requirements 
     described in subparagraph (A) or (B), the fellow shall 
     reimburse the United States for the value of the assistance 
     provided to the fellow under the fellowship program, together 
     with interest at a rate that--
       (i) is determined in accordance with regulations issued by 
     the Secretary; and
       (ii) is not higher than the rate generally applied in 
     connection with other Federal loans.
       (2) Waivers.--The Secretary may waive the application of 
     subparagraph (B) or (C) of paragraph (1) if the Secretary 
     determines that it is in the national interest of the United 
     States to provide such a waiver.
       (d) Agreement.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, is authorized to 
     enter into an agreement with the government of an eligible 
     developing country under which such government agrees--
       (1) to establish a procedure for the nomination of eligible 
     nationals for fellowships under this section;
       (2) to guarantee that a fellow will be offered a 
     professional public health position within the developing 
     country upon completion of the fellow's studies; and
       (3) to submit to the Secretary a certification stating that 
     a fellow has concluded the minimum period of employment in a 
     public health position required by the fellowship agreement, 
     including an explanation of how the requirement was met.
       (e) Participation of United States Citizens.--On a case-by-
     case basis, the Secretary may provide for the participation 
     of a citizen of the United States in the fellowship program 
     under the provisions of this section if--
       (1) the Secretary determines that it is in the national 
     interest of the United States to provide for such 
     participation; and
       (2) the citizen of the United States agrees to complete, at 
     the conclusion of such participation, at least 5 years of 
     employment in a public health position in an eligible 
     developing country or at an international health 
     organization.
       (f) Use of Existing Programs.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     may elect to use existing programs of the Department of 
     Health and Human Services to provide the education and 
     training described in subsection (a) if the requirements of 
     subsections (b), (c), and (d) will be substantially met under 
     such existing programs.

     SEC. 1647. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND 
                   DISEASE AND SYNDROME SURVEILLANCE.

       (a) Laboratory Techniques.--
       (1) In general.--The Secretary, after consultation with the 
     Secretary of Health and Human Services and in conjunction 
     with the Director of the Centers for Disease Control and 
     Prevention and the Secretary of Defense, and subject to the 
     availability of appropriations, shall provide assistance for 
     short training courses for eligible nationals who are 
     laboratory technicians or other public health personnel in 
     laboratory techniques relating to the identification, 
     diagnosis, and tracking of pathogens responsible for possible 
     infectious disease outbreaks.

[[Page 5916]]

       (2) Location.--The training described in paragraph (1) 
     shall be held outside the United States and may be conducted 
     in facilities of the Centers for Disease Control and 
     Prevention located in foreign countries or in Overseas 
     Medical Research Units of the Department of Defense, as 
     appropriate.
       (3) Coordination with existing programs.--The Secretary 
     shall coordinate the training described in paragraph (1), 
     where appropriate, with existing programs and activities of 
     international health organizations.
       (b) Disease and Syndrome Surveillance.--
       (1) In general.--The Secretary, after consultation with the 
     Secretary of Health and Human Services and in conjunction 
     with the Director of the Centers for Disease Control and 
     Prevention and the Secretary of Defense and subject to the 
     availability of appropriations, shall establish and provide 
     assistance for short training courses for eligible nationals 
     who are health care providers or other public health 
     personnel in techniques of disease and syndrome surveillance 
     reporting and rapid analysis of syndrome information using 
     Geographic Information System (GIS) tools.
       (2) Location.--The training described in paragraph (1) 
     shall be conducted via the Internet or in appropriate 
     facilities located in a foreign country, as determined by the 
     Secretary.
       (3) Coordination with existing programs.--The Secretary 
     shall coordinate the training described in paragraph (1), 
     where appropriate, with existing programs and activities of 
     international regional and international health 
     organizations.

     SEC. 1648. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF 
                   PUBLIC HEALTH LABORATORY EQUIPMENT AND 
                   SUPPLIES.

       (a) Authorization.--The President is authorized to provide, 
     on such terms and conditions as the President may determine, 
     assistance to eligible developing countries to purchase and 
     maintain the public health laboratory equipment and supplies 
     described in subsection (b).
       (b) Equipment and Supplies Covered.--The equipment and 
     supplies described in this subsection are equipment and 
     supplies that are--
       (1) appropriate, to the extent possible, for use in the 
     intended geographic area;
       (2) necessary to collect, analyze, and identify 
     expeditiously a broad array of pathogens, including mutant 
     strains, which may cause disease outbreaks or may be used in 
     a biological weapon;
       (3) compatible with general standards set forth by the 
     World Health Organization and, as appropriate, the Centers 
     for Disease Control and Prevention, to ensure 
     interoperability with international regional and 
     international public health networks; and
       (4) not defense articles, defense services, or training, as 
     such terms are defined in the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to exempt the exporting of goods and technology 
     from compliance with applicable provisions of the Export 
     Administration Act of 1979 (as in effect pursuant to the 
     International Emergency Economic Powers Act; 50 U.S.C. 1701 
     et seq.).
       (d) Limitation.--Amounts appropriated to carry out this 
     section shall not be made available for the purchase from a 
     foreign country of equipment or supplies that, if made in the 
     United States, would be subject to the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.) or likely be barred or subject 
     to special conditions under the Export Administration Act of 
     1979 (as in effect pursuant to the International Emergency 
     Economic Powers Act; 50 U.S.C. 1701 et seq.).
       (e) Procurement Preference.--In the use of grant funds 
     authorized under subsection (a), preference should be given 
     to the purchase of equipment and supplies of United States 
     manufacture. The use of amounts appropriated to carry out 
     this section shall be subject to section 604 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2354).
       (f) Country Commitments.--The assistance provided under 
     this section for equipment and supplies may be provided only 
     if the eligible developing country that receives such 
     equipment and supplies agrees to provide the infrastructure, 
     technical personnel, and other resources required to house, 
     maintain, support, secure, and maximize use of such equipment 
     and supplies.

     SEC. 1649. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC 
                   HEALTH INFORMATION.

       (a) Assistance for Purchase of Communication Equipment and 
     Information Technology.--The President is authorized to 
     provide, on such terms and conditions as the President may 
     determine, assistance to eligible developing countries to 
     purchase and maintain the communications equipment and 
     information technology described in subsection (b), and the 
     supporting equipment, necessary to effectively collect, 
     analyze, and transmit public health information.
       (b) Covered Equipment.--The communications equipment and 
     information technology described in this subsection are 
     communications equipment and information technology that--
       (1) are suitable for use under the particular conditions of 
     the area of intended use;
       (2) meet the standards set forth by the World Health 
     Organization and, as appropriate, the Secretary of Health and 
     Human Services, to ensure interoperability with like 
     equipment of other countries and international organizations; 
     and
       (3) are not defense articles, defense services, or 
     training, as those terms are defined in the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to exempt the exporting of goods and technology 
     from compliance with applicable provisions of the Export 
     Administration Act of 1979 (as in effect pursuant to the 
     International Emergency Economic Powers Act; 50 U.S.C. 1701 
     et seq.).
       (d) Limitation.--Amounts appropriated to carry out this 
     section shall not be made available for the purchase from a 
     foreign country of communications equipment or information 
     technology that, if made in the United States, would be 
     subject to the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) or likely be barred or subject to special conditions 
     under the Export Administration Act of 1979 (as in effect 
     pursuant to the International Emergency Economic Powers Act; 
     50 U.S.C. 1701 et seq.).
       (e) Procurement Preference.--In the use of grant funds 
     under subsection (a), preference should be given to the 
     purchase of communications equipment and information 
     technology of United States manufacture. The use of amounts 
     appropriated to carry out this section shall be subject to 
     section 604 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2354).
       (f) Assistance for Standardization of Reporting.--The 
     President is authorized to provide, on such terms and 
     conditions as the President may determine, technical 
     assistance and grant assistance to international health 
     organizations to facilitate standardization in the reporting 
     of public health information between and among developing 
     countries and international health organizations.
       (g) Country Commitments.--The assistance provided under 
     this section for communications equipment and information 
     technology may be provided only if the eligible developing 
     country that receives such equipment and technology agrees to 
     provide the infrastructure, technical personnel, and other 
     resources required to house, maintain, support, secure, and 
     maximize use of such equipment and technology.

     SEC. 1650. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED 
                   STATES MISSIONS AND INTERNATIONAL HEALTH 
                   ORGANIZATIONS.

       (a) In General.--Upon the request of the chief of a 
     diplomatic mission of the United States or of the head of an 
     international health organization, and with the concurrence 
     of the Secretary and of the employee concerned, the head of 
     an agency or department of the United States may assign to 
     the mission or the organization any officer or employee of 
     the agency or department that occupies a public health 
     position within the agency or department for the purpose of 
     enhancing disease and pathogen surveillance efforts in 
     developing countries.
       (b) Reimbursement.--The costs incurred by an agency or 
     department of the United States by reason of the detail of 
     personnel under subsection (a) may be reimbursed to that 
     agency or department out of the applicable appropriations 
     account of the Department of State if the Secretary 
     determines that the agency or department may otherwise be 
     unable to assign such personnel on a non-reimbursable basis.

     SEC. 1651. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT 
                   LABORATORIES ABROAD.

       (a) In General.--Subject to the availability of 
     appropriations, the Director of the Centers for Disease 
     Control and Prevention and the Secretary of Defense shall 
     each--
       (1) increase the number of personnel assigned to 
     laboratories of the Centers for Disease Control and 
     Prevention or the Department of Defense, as appropriate, 
     located in eligible developing countries that conduct 
     research and other activities with respect to infectious 
     diseases; and
       (2) expand the operations of such laboratories, especially 
     with respect to the implementation of on-site training of 
     foreign nationals and activities affecting the region in 
     which the country is located.
       (b) Cooperation and Coordination Between Laboratories.--
     Subsection (a) shall be carried out in such a manner as to 
     foster cooperation and avoid duplication between and among 
     laboratories.
       (c) Relation to Core Missions and Security.--The expansion 
     of the operations of the laboratories of the Centers for 
     Disease Control and Prevention or the Department of Defense 
     located in foreign countries under this section may not--
       (1) detract from the established core missions of the 
     laboratories; or
       (2) compromise the security of those laboratories, as well 
     as their research, equipment, expertise, and materials.

     SEC. 1652. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND 
                   EXPANSION OF FIELD EPIDEMIOLOGY TRAINING 
                   PROGRAMS.

       (a) Authority.--The President is authorized, on such terms 
     and conditions as the

[[Page 5917]]

     President may determine, to provide assistance for the 
     purposes of--
       (1) enhancing the surveillance and reporting capabilities 
     for the World Health Organization and existing international 
     regional and international health networks; and
       (2) developing new international regional and international 
     health networks.
       (b) Expansion of Field Epidemiology Training Programs.--The 
     Secretary of Health and Human Services is authorized to 
     establish new country or regional international Field 
     Epidemiology Training Programs in eligible developing 
     countries.

     SEC. 1653. FOREIGN BIOLOGICAL THREAT DETECTION AND WARNING.

       (a) In General.--The President is authorized to establish a 
     capability for foreign biological threat detection and 
     warning within either the Department of Defense, the 
     Department of Homeland Security, the Central Intelligence 
     Agency, or the Centers for Disease Control and Prevention 
     with the technical ability to conduct event detection and 
     rapid threat assessment related to biological threats in 
     foreign countries.
       (b) Purposes.--The purposes of the capability under 
     subsection (a) shall be--
       (1) to integrate public health, medical, agricultural, 
     societal, and intelligence indications and warnings to 
     identify in advance the emergence of a transnational 
     biological threat;
       (2) to provide rapid threat assessment capability to the 
     appropriate agencies or departments of the United States that 
     is not dependent on access to--
       (A) a specific biological agent;
       (B) the area in which such agent is present; or
       (C) information related to the means of introduction of 
     such agent; and
       (3) to build the information visibility and decision 
     support activities required for appropriate and timely 
     information distribution and threat response.
       (c) Technology.--The capability under subsection (a) shall 
     employ technologies similar to, but no less capable than, 
     those used by the Intelligence Technology Innovation Center 
     (ITIC) within the Directorate of Science and Technology of 
     the Central Intelligence Agency to conduct real-time, 
     prospective, automated threat assessments that employ social 
     disruption factors.
       (d) Event Detection Defined.--In this section, the term 
     ``event detection'' refers to the real-time and rapid 
     recognition of a possible biological event that has appeared 
     in a community and that could have national security 
     implications, regardless of whether the event is caused by 
     natural, accidental, or intentional means and includes 
     scrutiny of such possible biological event by analysts 
     utilizing classified and unclassified information.

     SEC. 1654. REPORTS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary, in conjunction with the Secretary of 
     Health and Human Services, the Secretary of Homeland 
     Security, and the Secretary of Defense, shall submit to 
     Congress a report on the implementation of programs under 
     this part, including an estimate of the level of funding 
     required to carry out such programs at a sufficient level.

     SEC. 1655. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--Subject to subsection 
     (c), there are authorized to be appropriated for the purpose 
     of carrying out activities under this part the following 
     amounts:
       (1) $40,000,000 for fiscal year 2008.
       (2) $75,000,000 for each of fiscal years 2009, 2010, 2011, 
     and 2012.
       (b) Availability of Funds.--The amounts appropriated 
     pursuant to subsection (a) are authorized to remain available 
     until expended.
       (c) Limitation on Obligation of Funds.--Of the amount 
     authorized to be appropriated under this section for fiscal 
     year 2008, not more than $4,000,000 may be obligated before 
     the date on which a report is submitted under section 1654.

          PART II--COMBATING BIOTERRORISM AND AVIAN INFLUENZA

     SEC. 1661. COMBATING BIOTERRORISM AND AVIAN INFLUENZA.

       (a) Sense of Congress.--It is the sense of Congress that 
     training provided by the United States Government for the 
     purpose of improving worldwide capabilities to detect, 
     identify, and combat avian influenza should also include, 
     whenever feasible, training to detect, identify, and combat 
     agents that might be used in an act of biological terrorism.
       (b) Program for Combating Bioterrorism.--The Secretary of 
     State, in coordination with the Secretary of Health and Human 
     Services, the Secretary of Homeland Security, and the 
     President of the Institute of Medicine of the National 
     Academies, shall establish a program to promote national, 
     international, and private-sector actions to reduce the 
     danger of bioterrorism and assist countries in compliance 
     with United Nations Security Council Resolution 1540 (2004) 
     by criminalizing bioterrorist activity, developing 
     regulations governing the transfer and handling of disease 
     samples, and developing and implementing agreed standards for 
     biotechnology security and ethics.
       (c) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the Congress a report setting forth a 5-year plan of action 
     for this program and indicating what funding would be 
     required to implement the plan. The plan shall include a 
     discussion of the feasibility of providing assistance in 
     developing a biosecurity handbook that could gain 
     international acceptance and implementation.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State to carry out 
     activities under this section the following amounts:
       (1) $5,000,000 for fiscal year 2008, of which not more than 
     $1,000,000 may be expended on the report required under 
     subsection (c).
       (2) $5,000,000 for each of fiscal years 2009, 2010, 2011, 
     and 2012.

     SEC. 1662. GLOBAL PATHOGEN SECURITY PROGRAM.

       Chapter 9 of Part II of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2349bb et seq.) is amended by inserting after 
     section 584A (as added by section 1633 of this title) the 
     following new section:

     ``SEC. 584B GLOBAL PATHOGEN SECURITY PROGRAM.

       ``(a) Establishment.--The Secretary of State shall 
     establish a program to combat bioterrorism world-wide by 
     providing training, equipment, and financial and technical 
     (including legal) assistance in such areas as biosecurity, 
     biosafety, pathogen surveillance, and timely response to 
     outbreaks of infectious disease, and by providing increased 
     opportunity for former biological weapons scientists to 
     engage in remunerative careers that promote public health and 
     safety.
       ``(b) Activities Included.--Activities in the program 
     established pursuant to subsection (a) shall include 
     administration of the programs authorized by subtitle D of 
     title XVI of the Improving America's Security Act of 2007 and 
     may also include such activities as the Pathogen Security 
     Program and the Biosecurity Engagement Program of the Office 
     of Cooperative Threat Reduction in the Department of 
     State.''.
                                 ______
                                 
  SA 418. Mr. DORGAN 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 end of section 401, add the following:
       (f) Report on Processing of Visa Applications.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of State shall submit a report to Congress that 
     includes the following information with respect to each visa-
     issuing post operated by the Department of State where, 
     during the preceding twelve months, the length of time 
     between the submission of a request for a personal interview 
     for a non-immigrant visa and the date of the personal 
     interview of the applicant:
       (1) The number of visa applications submitted to the 
     Department in each of the 3 preceding fiscal years, including 
     information regarding each type of visa applied for.
       (2) The number of visa applications that were approved in 
     each of the 3 preceding fiscal years, including information 
     regarding the number of each type of visa approved.
       (3) The number of visa applications in each of the 3 
     preceding fiscal years that were subject to a Security 
     Advisory Opinion or similar specialized review.
       (4) The length of time between the submission of a visa 
     application and the personal interview of the applicant in 
     each of the 3 preceding fiscal years, including information 
     regarding the type of visa applied for.
       (5) The percentage of visa applicants who were refused a 
     visa in each of the 3 preceding fiscal years, including 
     information regarding the type of visa applied for.
       (6) The number of consular officers processing visa 
     applications in each of the 3 preceding fiscal years.
       (7) A description of each new program designed to improve 
     the processing of visa applications that was implemented in 
     each of the 3 preceding fiscal years.
       (8) A description of construction or improvement of 
     facilities for processing visa applications in each of the 3 
     preceding fiscal years.
       (9) A description of particular communications initiatives 
     undertaken to communicate the visa application process to 
     potential or actual visa applicants.
       (10) An analysis of the facilities, personnel, information 
     systems, and other factors affecting the duration of time 
     between the submission of a visa application and the personal 
     interview of the applicant and the quality of the review of 
     the application, including specific recommendations as to any 
     additional facilities, personnel, information systems, or 
     other requirements that would allow the personal interview, 
     where appropriate, to occur not more than 30 days following 
     the submission of a visa application.

[[Page 5918]]


                                 ______
                                 
  SA 419. 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; 
which was ordered to lie on the table; as follows:

       On page 86, strike lines 6 through 20, and insert the 
     following:
       ``(2) 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.
                                 ______
                                 
  SA 420. Mr. BIDEN 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 80, between lines 6 and 7, insert the following:

     ``SEC. 2006. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

       ``(a) In General.--There is established a Commercial 
     Equipment Direct Assistance Program to provide equipment, 
     technology and technical assistance to law enforcement 
     agencies and other emergency response providers of local 
     governments.
       ``(b) Application.--Law enforcement agencies or other 
     emergency response providers of a local government desiring 
     to be provided equipment, technology, or technical assistance 
     under this section shall submit an application at such time, 
     in such manner, and accompanied by such information as the 
     Administrator shall establish.
       ``(c) Training and Information.--The Administrator shall--
       ``(1) in consultation with law enforcement agencies and 
     other emergency response providers of local governments, and 
     other entities determined appropriate by the Administrator, 
     develop and maintain a comprehensive list of counterterrorism 
     technologies, equipment, and information; and
       ``(2) provide appropriate training to law enforcement 
     agencies and other emergency response providers of local 
     governments on the use of such technology, equipment, and 
     information.
       ``(d) In order to be eligible for assistance under this 
     section, applicants must certify that they have not been able 
     to obtain such assistance through other grant programs 
     administered by the Department, including The State Homeland 
     Security Grant Program and The Urban Area Security. . . .
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $75,000,000 for each of fiscal years 2008 and 2009; 
     and
       ``(2) such sums as are necessary for fiscal years 2010 
     through 2013.
                                 ______
                                 
  SA 421. Mr. LAUTENBERG submitted an amendment intended to be proposed 
to amendment SA 317 proposed by Mr. Kyl to the 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 end of the amendment, insert the following:

     SEC. __. JUSTICE FOR AMERICAN VICTIMS OF TERRORISM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Justice for American Victims of Terrorism Act''.
       (b) Terrorism Exception to Immunity.--
       (1) In general.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605 the 
     following:

     ``Sec. 1605A. Terrorism exception to the jurisdictional 
       immunity of a foreign state

       ``(a) In General.--A foreign state shall not be immune from 
     the jurisdiction of courts of the United States or of the 
     States in any case not otherwise covered by this section in 
     which money damages are sought against a foreign state for 
     personal injury or death damage that was caused by an act of 
     torture, extrajudicial killing, aircraft sabotage, hostage 
     taking, or the provision of material support or resources (as 
     defined in section 2339A of title 18) for such an act if such 
     act or provision of material support is engaged in by an 
     official, employee, or agent of such foreign state while 
     acting within the scope of his or her office, employment, or 
     agency, except that the court shall decline to hear a claim 
     under this subsection--
       ``(1) if the foreign state was not designated as a state 
     sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405 (j)) or 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) at the time the act occurred, unless later designated 
     as a result of such act; and
       ``(2) even if the foreign state is or was so designated, 
     if--
       ``(A) the act occurred in the foreign state against which 
     the claim has been brought and the claimant has not afforded 
     the foreign state a reasonable opportunity to arbitrate the 
     claim in accordance with accepted international rules of 
     arbitration; or
       ``(B) neither the claimant nor the victim was a national of 
     the United States (as that term is defined in section 
     101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(22)), was a member of the Armed Forces of the United 
     States (as that term is defined in section 976 of title 10), 
     or was otherwise an employee of the government of the United 
     States or one of its contractors acting within the scope of 
     their when the act upon which the claim is based occurred.
       ``(b) Definition.--For purposes of this section--
       ``(1) the terms `torture' and `extrajudicial killing' have 
     the meaning given those terms in section 3 of the Torture 
     Victim Protection Act of 1991 (28 U.S.C. 1350);
       ``(2) the term `hostage taking' has the meaning given that 
     term in Article 1 of the International Convention Against the 
     Taking of Hostages; and
       ``(3) he term `aircraft sabotage' has the meaning given 
     that term in Article 1 of the Convention for the Suppression 
     of Unlawful Acts Against the Safety of Civil Aviation.
       ``(c) Time Limit.--An action may not be brought under this 
     section unless the action is commenced not later than the 
     latter of--
       ``(1) 10 years after the April 24, 1996; or
       ``(2) 10 years from the date on which the cause of action 
     arose.
       ``(d) Private Right of Action.--A private cause of action 
     may be brought against a foreign state designated under 
     section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. 2405(j)), and any official, employee, or agent of said 
     foreign state while acting within the scope of his or her 
     office, employment, or agency which shall be liable to a 
     national of the United States (as that term is defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)), a member of the Armed Forces of the 
     United States (as that term is defined in section 976 of 
     title 10), or was otherwise an employee of the government of 
     the United States or one of its contractors acting within the 
     scope of their employment or the legal representative of such 
     a person for personal injury or death caused by acts of that 
     foreign state or its official, employee, or agent for which 
     the courts of the United States may maintain jurisdiction 
     under this section for money damages which may include 
     economic damages, solatium, pain, and suffering, and punitive 
     damages if the acts were among those described in this 
     section. A foreign state shall be vicariously liable for the 
     actions of its officials, employees, or agents.
       ``(e) Additional Damages.--After an action has been brought 
     under subsection (d), actions may also be brought for 
     reasonably foreseeable property loss and life insurance 
     policy loss claims.
       ``(f) Special Masters.--
       ``(1) In general.--The Courts of the United States may from 
     time to time appoint special masters to hear damages claims 
     brought under this section.
       ``(2) Transfer of funds.--The Attorney General shall 
     transfer, from funds available for the program under sections 
     1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to 
     the Administrator of the United States District Court in 
     which any case is pending which has been brought pursuant to 
     section 1605(a)(7) such funds as may be required to carry out 
     the Orders of that United States District Court appointing 
     Special Masters in any case under this section. Any amount 
     paid in compensation to any such Special Master shall 
     constitute an item of court costs.
       ``(g) Appeal.--An appeal in the courts of the United States 
     in an action brought under this section may be made--
       ``(1) only from a final decision under section 1291 of this 
     title, and then only if filed with the clerk of the district 
     court within 30 days after the entry of such final decision; 
     and
       ``(2) in the case of an appeal from an order denying the 
     immunity of a foreign state, a political subdivision thereof, 
     or an agency of instrumentality of a foreign state, only if 
     filed under section 1292 of this title.
       ``(h) Property Disposition.--In every action filed in a 
     United States district court in which jurisdiction is alleged 
     under this section, the filing of a notice of pending action 
     pursuant to such section, to which is attached a copy of the 
     complaint filed in the action, shall have the effect of 
     establishing a lien of lis pendens upon any real property or 
     tangible personal property located within that judicial 
     district that is titled in the name of any defendant, or 
     titled in the name

[[Page 5919]]

     of any entity controlled by any such defendant if such notice 
     contains a statement listing those controlled entities. A 
     notice of pending action pursuant to this section shall be 
     filed by the clerk of the district court in the same manner 
     as any pending action and shall be indexed by listing as 
     defendants all named defendants and all entities listed as 
     controlled by any defendant. Liens established by reason of 
     this subsection shall be enforceable as provided in chapter 
     111 of this title.
       ``(i) Disclosure.--All evidence filed in any action brought 
     under this section, whether or not filed under seal, shall be 
     disclosed to the Attorney General of the United States or his 
     designee. The Attorney General shall promulgate such 
     regulations as may be reasonably required to carry out the 
     purposes of this subsection.''.
       (2) Amendment to chapter analysis.--The chapter analysis 
     for chapter 97 of title 28, United States Code, is amended by 
     inserting after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a 
              foreign state.''.

       (c) Conforming Amendments.--
       (1) Property interests.--Section 1610 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(g) Property Interests in Certain Actions.--
       ``(1) In general.--A property interest of a foreign state, 
     or agency or instrumentality of a foreign state, against 
     which a judgment is entered under this section, including a 
     property interest that is a separate juridical entity, is 
     subject to execution upon that judgment as provided in this 
     section, regardless of--
       ``(A) the level of economic control over the property 
     interest by the government of the foreign state;
       ``(B) whether the profits of the property interest go to 
     that government;
       ``(C) the degree to which officials of that government 
     manage the property interest or otherwise control its daily 
     affairs;
       ``(D) whether that government is the real beneficiary of 
     the conduct of the property interest; or
       ``(E) whether establishing the property interest as a 
     separate entity would entitle the foreign state to benefits 
     in United States courts while avoiding its obligations.
       ``(2) United states sovereign immunity inapplicable.--Any 
     property interest of a foreign state, or agency or 
     instrumentality of a foreign state, to which paragraph (1) 
     applies shall not be immune from execution upon a judgment 
     entered under this section because the property interest is 
     regulated by the United States Government by reason of action 
     taken against that foreign state under the Trading With the 
     Enemy Act or the International Emergency Economic Powers 
     Act.''.
       (2) Victims of crime act.--Section 1404C(a)(3) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is 
     amended by striking ``December 21, 1988, with respect to 
     which an investigation or'' and inserting ``October 23, 1983, 
     with respect to which an investigation or civil or 
     criminal''.
       (3) General exception.--Section 1605 of title 18, United 
     States Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (5)(B), by inserting ``or'' after the 
     semicolon;
       (ii) in paragraph (6)(D), by striking ``; or'' and 
     inserting a period; and
       (iii) by striking paragraph (7); and
       (B) by striking subsections (e) and (f).
       (d) Application to Pending Cases.--
       (1) In general.--The amendments made by this section shall 
     apply to any claim for which a foreign state is not immune 
     under this section 1605 of title 28, United States Code, 
     arising before, on, or after the date of the enactment of 
     this Act.
       (2) Prior actions.--Any judgment or action brought under 
     section 1605(a)(7) of title 28, United States Code, or 
     section 101(c) of Public Law 104-208 after the effective date 
     of such provisions relying on either of these provisions as 
     creating a cause of action, which has been adversely affected 
     on the grounds that either or both of these provisions fail 
     to create a cause of action opposable against the state, and 
     which is still before the courts in any form, including 
     appeal or motion under Federal Rule of Civil Procedure 60(b), 
     shall, on motion made to the Federal District Court where the 
     judgment or action was initially entered, be given effect as 
     the Congress intended. The defenses of res judicata, 
     collateral estoppel and limitation period are waived in any 
     re-filed action described in this paragraph and based on the 
     such claim. Any such motion or re-filing must be made not 
     later than 60 days after enactment of this section.
                                 ______
                                 
  SA 422. Mr. SUNUNU 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 end of title XV, add the following:

     SEC. 15__. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY 
                   THE UNITED STATES.

       (a) In General.--Section 2241 of title 28, United States 
     Code, is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Alien Enemy Combatants.--
       ``(1) Restoration of habeas corpus and limitation of 
     nonhabeas claims.--Except for an application for a writ of 
     habeas corpus to challenge the legality of executive 
     detention filed in United States District Court for the 
     District of Columbia or an appeal pursuant to paragraphs (2) 
     and (3) of section 1005(e) of the Detainee Treatment Act of 
     2005 (10 U.S.C. 801 note), and subject to paragraph (2) of 
     this subsection, no court, justice, or judge shall have 
     jurisdiction to hear or consider any other action against the 
     United States or its agents relating to any aspect of the 
     detention, transfer, treatment, trial, or conditions of 
     confinement of an alien who is or was detained by the United 
     States and has been determined by the United States to have 
     been properly detained as an enemy combatant or is awaiting 
     such determination.
       ``(2) Application.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, no court, justice, or judge shall have jurisdiction to 
     hear or consider any action against the United States or its 
     agents filed by or on behalf of an alien enemy combatant 
     detained and held in custody outside the United States 
     regarding the legality of the detention of that alien enemy 
     combatant if the alien enemy combatant--
       ``(i) has been duly determined to be held and treated as an 
     enemy prisoner of war pursuant to Army Regulation 190-8;
       ``(ii) is being detained in a territory in which there is 
     an ongoing armed conflict; or
       ``(iii) except as provided in subparagraph (B), is facing a 
     pending charge for an offense triable by a military 
     commission or is under sentence of a military commission.
       ``(B) Exception.--Subparagraph (A)(iii) shall not limit 
     jurisdiction for--
       ``(i) an appeal under the provisions of chapter 47A of 
     title 10;
       ``(ii) an appeal under paragraph (2) or (3) of section 
     1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 
     note); or
       ``(iii) an application for of a writ of habeas corpus to 
     challenge the legality of military commission procedures or 
     to challenge executive detention if the alien enemy 
     combatant--

       ``(I) is detained in excess of the term of imprisonment of 
     that alien enemy combatant;
       ``(II) is detained after being acquitted by the military 
     commission for all charges; or
       ``(III) after being charged with an offense, is detained 
     for 300 days or more without a military commission trial.

       ``(3) Second or successive applications for a writ of 
     habeas corpus.--
       ``(A) In general.--No court, justice, or judge shall have 
     jurisdiction to hear or consider a second or successive 
     application for a writ of habeas corpus under paragraph (1).
       ``(B) Construction.--Nothing in this subsection shall be 
     construed to deprive a court, justice, or judge or 
     jurisdiction to hear a single application for writ of habeas 
     corpus (but not a second or successive such application) that 
     is filed--
       ``(i) to reassert claims raised in an application that was 
     dismissed for lack of jurisdiction prior to the date of 
     enactment of the Improving America's Security Act of 2007; or
       ``(ii) under the exception described in paragraph (2)(B).
       ``(4) Definitions.--In this subsection--
       ``(A) the term `alien enemy combatant' means an individual 
     other than a United States citizen who has been duly 
     determined by the United States to be an unlawful enemy 
     combatant (as defined in 10 U.S.C. 948(a)(1));
       ``(B) the term `ongoing armed conflict' means that there is 
     ongoing armed violence between organized armed groups, 
     between a government and an organized armed group, or between 
     governments; and
       ``(C) the term `United States', when used in a geographic 
     sense, has the meaning given that term in section 1005(g) of 
     the Detainee Treatment Act of 2005.''.
       (b) Conforming Amendment.--Section 950j of title 10, United 
     States Code, is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Limited Review of Military Commission Procedures and 
     Actions.--Except as otherwise provided in this chapter or in 
     section 2241 of title 28, and notwithstanding any other 
     provision of law, no court, justice, or judge shall have 
     jurisdiction to hear or consider any claim or cause of 
     action, including any action pending on or filed after the 
     date of the enactment of the Military Commissions Act of 
     2006, relating to the prosecution, trial, or judgment of a 
     military commission under this chapter, including challenges 
     to the lawfulness of procedures of military commissions under 
     this chapter.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act, and 
     shall apply to all cases, without exception, that are pending 
     on or after the date of enactment of this Act.

[[Page 5920]]


                                 ______
                                 
  SA 423. Mr. INOUYE (for himself, Mr. Stevens, Mr. Dodd, and Mr. 
Lieberman) 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 203, beginning with line 4, strike through line 5 
     on page 215 and insert the following:

     SEC. 801. TRANSPORTATION SECURITY STRATEGIC PLANNING.

       (a) In General.--Section 114(t)(1)(B) of title 49, United 
     States Code, is amended to read as follows:
       ``(B) transportation modal and intermodal security plans 
     addressing risks, threats, and vulnerabilities for aviation, 
     bridge, tunnel, commuter rail and ferry, highway, maritime, 
     pipeline, rail, mass transit, over-the-road bus, and other 
     public transportation infrastructure assets.''.
       (b) Contents of the National Strategy for Transportation 
     Security.--Section 114(t)(3) of such title is amended--
       (1) in subparagraph (B), by inserting ``, based on risk 
     assessments conducted by the Secretary of Homeland Security 
     (including assessments conducted under section 1321 or 1403 
     of the Improving America's Security Act of 2007 or any 
     provision of law amended by such title),'' after ``risk based 
     priorities'';
       (2) in subparagraph (D)--
       (A) by striking ``and local'' and inserting ``, local, and 
     tribal''; and
       (B) by striking ``private sector cooperation and 
     participation'' and inserting ``cooperation and participation 
     by private sector entities and nonprofit employee labor 
     organizations'';
       (3) in subparagraph (E)--
       (A) by striking ``response'' and inserting ``prevention, 
     response,''; and
       (B) by inserting ``and threatened and executed acts of 
     terrorism outside the United States to the extent such acts 
     affect United States transportation systems'' before the 
     period at the end;
       (4) in subparagraph (F), by adding at the end the 
     following: ``Transportation security research and development 
     projects shall be based, to the extent practicable, on such 
     prioritization. Nothing in the preceding sentence shall be 
     construed to require the termination of any research or 
     development project initiated by the Secretary of Homeland 
     Security before the date of enactment of the Improving 
     America's Security Act of 2007.''; and
       (5) by adding at the end the following:
       ``(G) Short- and long-term budget recommendations for 
     Federal transportation security programs, which reflect the 
     priorities of the National Strategy for Transportation 
     Security.
       ``(H) Methods for linking the individual transportation 
     modal security plans and the programs contained therein, and 
     a plan for addressing the security needs of intermodal 
     transportation hubs.
       ``(I) Transportation security modal and intermodal plans, 
     including operational recovery plans to expedite, to the 
     maximum extent practicable, the return to operation of an 
     adversely affected transportation system following a major 
     terrorist attack on that system or another catastrophe. These 
     plans shall be coordinated with the resumption of trade 
     protocols required under section 202 of the SAFE Port Act (6 
     U.S.C. 942).''.
       (c) Periodic Progress Reports.--Section 114(t)(4) of such 
     title is amended--
       (1) in subparagraph (C)--
       (A) in clause (i), by inserting ``, including the 
     transportation modal security plans'' before the period at 
     the end; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Content.--Each progress report submitted under this 
     subparagraph shall include the following:

       ``(I) Recommendations for improving and implementing the 
     National Strategy for Transportation Security and the 
     transportation modal and intermodal security plans that the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Transportation, considers appropriate.
       ``(II) An accounting of all grants for transportation 
     security, including grants for research and development, 
     distributed by the Secretary of Homeland Security in the most 
     recently concluded fiscal year and a description of how such 
     grants accomplished the goals of the National Strategy for 
     Transportation Security.
       ``(III) An accounting of all--

       ``(aa) funds requested in the President's budget submitted 
     pursuant to section 1105 of title 31 for the most recently 
     concluded fiscal year for transportation security, by mode; 
     and
       ``(bb) personnel working on transportation security by 
     mode, including the number of contractors.
       ``(iii) Written explanation of transportation security 
     activities not delineated in the national strategy for 
     transportation security.--At the end of each year, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees a written explanation of 
     any activity inconsistent with, or not clearly delineated in, 
     the National Strategy for Transportation Security, including 
     the amount of funds to be expended for the activity and the 
     number of personnel involved.''; and
       (2) in subparagraph (E), by striking ``Select''.
       (d) Priority Status.--Section 114(t)(5)(B) of such title is 
     amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) by redesignating clause (iv) as clause (v); and
       (3) by inserting after clause (iii) the following:
       ``(iv) the transportation sector specific plan required 
     under Homeland Security Presidential Directive-7; and''.
       (e) Coordination and Plan Distribution.--Section 114(t) of 
     such title is amended by adding at the end the following:
       ``(6) Coordination.--In carrying out the responsibilities 
     under this section, the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     consult, as appropriate, with Federal, State, and local 
     agencies, tribal governments, private sector entities 
     (including nonprofit employee labor organizations), 
     institutions of higher learning, and other entities.
       ``(7) Plan distribution.--The Secretary of Homeland 
     Security shall make available an unclassified version of the 
     National Strategy for Transportation Security, including its 
     component transportation modal security plans, to Federal, 
     State, regional, local and tribal authorities, transportation 
     system owners or operators, private sector stakeholders 
     (including non-profit employee labor organizations), 
     institutions of higher learning, and other appropriate 
     entities.''.

     SEC. 802. TRANSPORTATION SECURITY INFORMATION SHARING.

       (a) In General.--Section 114 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(u) Transportation Security Information Sharing Plan.--
       ``(1) Establishment of plan.--The Secretary of Homeland 
     Security, in consultation with the program manager of the 
     information sharing environment established under section 
     1016 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (6 U.S.C. 485), the Secretary of Transportation, and 
     public and private stakeholders, shall establish a 
     Transportation Security Information Sharing Plan. In 
     establishing the plan, the Secretary shall gather input on 
     the development of the Plan from private and public 
     stakeholders and the program manager of the information 
     sharing environment established under section 1016 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 485).
       ``(2) Purpose of plan.--The Plan shall promote sharing of 
     transportation security information between the Department of 
     Homeland Security and public and private stakeholders.
       ``(3) Content of plan.--The Plan shall include--
       ``(A) a description of how intelligence analysts within the 
     Department of Homeland Security will coordinate their 
     activities within the Department and with other Federal, 
     State, and local agencies, and tribal governments, including 
     coordination with existing modal information sharing centers 
     and the center established under section 1406 of the 
     Improving America's Security Act of 2007;
       ``(B) the establishment of a point of contact, which may be 
     a single point of contact, for each mode of transportation 
     within the Department of Homeland Security for its sharing of 
     transportation security information with public and private 
     stakeholders, including an explanation and justification to 
     the appropriate congressional committees if the point of 
     contact established pursuant to this subparagraph differs 
     from the agency within the Department that has the primary 
     authority, or has been delegated such authority by the 
     Secretary, to regulate the security of that transportation 
     mode;
       ``(C) a reasonable deadline by which the Plan will be 
     implemented; and
       ``(D) a description of resource needs for fulfilling the 
     Plan.
       ``(4) Coordination with the information sharing 
     environment.--The Plan shall be--
       ``(A) implemented in coordination with the program manager 
     for the information sharing environment established under 
     section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485); and
       ``(B) consistent with the establishment of that 
     environment, and any policies, guidelines, procedures, 
     instructions, or standards established by the President or 
     the program manager for the implementation and management of 
     that environment.
       ``(5) Reports to congress.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the appropriate congressional committees a report 
     containing the Plan.

[[Page 5921]]

       ``(B) Annual report.--Not later than 1 year after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the appropriate congressional committees an annual report 
     on updates to and the implementation of the Plan.
       ``(6) Survey.--
       ``(A) In general.--The Secretary shall conduct a biennial 
     survey of the satisfaction of the recipients of 
     transportation intelligence reports disseminated under the 
     Plan, and include the results of the survey as part of the 
     annual report to be submitted under paragraph (5)(B).
       ``(B) Information sought.--The survey conducted under 
     subparagraph (A) shall seek information about the quality, 
     speed, regularity, and classification of the transportation 
     security information products disseminated from the 
     Department of Homeland Security to public and private 
     stakeholders.
       ``(7) Security clearances.--The Secretary shall, to the 
     greatest extent practicable, take steps to expedite the 
     security clearances needed for public and private 
     stakeholders to receive and obtain access to classified 
     information distributed under this section as appropriate.
       ``(8) Classification of material.--The Secretary, to the 
     greatest extent practicable, shall provide public and private 
     stakeholders with specific and actionable information in an 
     unclassified format.
       ``(9) Definitions.--In this subsection:
       ``(A) Appropriate congressional committees.--The term 
     `appropriate congressional committees' has the meaning given 
     that term in subsection (t), but shall also include the 
     Senate Committee on Banking, Housing, and Urban Development.
       ``(B) Plan.--The term `Plan' means the Transportation 
     Security Information Sharing Plan established under paragraph 
     (1).
       ``(C) Public and private stakeholders.--The term `public 
     and private stakeholders' means Federal, State, and local 
     agencies, tribal governments, and appropriate private 
     entities, including nonprofit employee labor organizations.
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(E) Transportation security information.--The term 
     `transportation security information' means information 
     relating to the risks to transportation modes, including 
     aviation, bridge and tunnel, mass transit, passenger and 
     freight rail, ferry, highway, maritime, pipeline, and over-
     the-road bus transportation.''.
       (b) Congressional Oversight of Security Assurance for 
     Public and Private Stakeholders.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall provide a semiannual report to the Committee 
     on Homeland Security and Governmental Affairs, the Committee 
     on Commerce, Science, and Transportation, and the Committee 
     on Banking, Housing, and Urban Development of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that--
       (A) identifies the job titles and descriptions of the 
     persons with whom such information is to be shared under the 
     transportation security information sharing plan established 
     under section 114(u) of title 49, United States Code, as 
     added by this Act, and explains the reason for sharing the 
     information with such persons;
       (B) describes the measures the Secretary has taken, under 
     section 114(u)(7) of that title, or otherwise, to ensure 
     proper treatment and security for any classified information 
     to be shared with the public and private stakeholders under 
     the plan; and
       (C) explains the reason for the denial of transportation 
     security information to any stakeholder who had previously 
     received such information.
       (2) No report required if no changes in stakeholders.--The 
     Secretary is not required to provide a semiannual report 
     under paragraph (1) if no stakeholders have been added to or 
     removed from the group of persons with whom transportation 
     security information is shared under the plan since the end 
     of the period covered by the last preceding semiannual 
     report.
                                 ______
                                 
  SA 424. Mr. INOUYE (for himself, Mr. Stevens, Mr. Lieberman, and Ms. 
Collins) 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 1366 and 
     insert the following:

Sec. 1366. In-line baggage system deployment.

       On page 5, after the item relating to section 1376, insert 
     the following:

Sec. 1377. Law enforcement biometric credential.
Sec. 1378. Employee retention internship program.

       On page 5, after the item relating to section 1384, insert 
     the following:

Sec. 1385. Requiring reports to be submitted to certain committees.

       On page 254, line 11, strike ``Administration,'' and insert 
     ``Administration and other agencies within the Department,''.
       On page 254, line 12, insert ``Federal'' after 
     ``appropriate''.
       On page 267, line 11, strike ``through the'' and insert 
     ``in consultation with''.
       On page 267, line 19, strike ``and, through the Secretary 
     of Transportation, to Amtrak,'' and insert ``and to Amtrak''
       On page 269, strike lines 20 through 23 and insert the 
     following:
       (d) Conditions.--Grants awarded by the Secretary to Amtrak 
     under subsection (a) shall be disbursed to Amtrak through the 
     Secretary of Transportation. The Secretary of Transportation 
     may not disburse such funds unless Amtrak meets the 
     conditions set forth in section 1322(b) of this title.
       On page 269, line 19, after the period insert ``Not later 
     than 240 days after the date of enactment of this Act, the 
     Secretary shall provide a report to the Committees on 
     Commerce, Science and Transportation and Homeland Security 
     and Governmental Affairs in the Senate and the Committee on 
     Homeland Security in the House on the feasibility and 
     appropriateness of requiring a non-federal match for the 
     grants authorized in subsection (a).''.
       On page 281, beginning in line 24, strike ``terrorists.'' 
     and insert ``terrorists, including observation and 
     analysis.''.
       On page 286, line 7, strike the closing quotation marks and 
     the second period.
       On page 286, between lines 7 and 8, insert the following:
       ``(f) Process for Reporting Problems.--
       ``(1) Establishment of reporting process.--The Secretary 
     shall establish, and provide information to the public 
     regarding, a process by which any person may submit a report 
     to the Secretary regarding railroad security problems, 
     deficiencies, or vulnerabilities.
       ``(2) Confidentiality.--The Secretary shall keep 
     confidential the identity of a person who submits a report 
     under paragraph (1) and any such report shall be treated as a 
     record containing protected information to the extent that it 
     does not consist of publicly available information.
       ``(3) Acknowledgment of receipt.--If a report submitted 
     under paragraph (1) identifies the person making the report, 
     the Secretary shall respond promptly to such person and 
     acknowledge receipt of the report.
       ``(4) Steps to address problems.--The Secretary shall 
     review and consider the information provided in any report 
     submitted under paragraph (1) and shall take appropriate 
     steps under this title to address any problems or 
     deficiencies identified.
       ``(5) Retaliation prohibited.--No employer may discharge 
     any employee or otherwise discriminate against any employee 
     with respect to the compensation to, or terms, conditions, or 
     privileges of the employment of, such employee because the 
     employee (or a person acting pursuant to a request of the 
     employee) made a report under paragraph (1).''.

       On page 330, beginning in line 7, strike ``paragraph (2);'' 
     and insert ``subsection (g);''.
       On page 332, strike lines 21 and 22 and insert the 
     following:

     SEC. 1366. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

       On page 337, line 5, strike ``fully implement'' and insert 
     ``begin full implementation of''.
       On page 338, strike lines 1 through 4 and insert the 
     following:
       ``(1) Establishment.--The Secretary shall establish an 
     Office of Appeals and Redress to implement, coordinate, and 
     execute the process established by the Secretary pursuant to 
     subsection (a). The Office shall include representatives from 
     the Transportation Security Administration, U.S. Customs and 
     Border Protection, and other agencies or offices as 
     appropriate.
       On page 338, line 19, strike ``and''.
       On page 339, line 3, strike ``positives.' ''. and insert 
     ``positives; and''.
       On page 339, between lines 3 and 4, insert the following:
       ``(C) require air carriers and foreign air carriers take 
     action to properly and automatically identify passengers 
     determined, under the process established under subsection 
     (a), to have been wrongly identified.''.
       On page 339, line 21, strike ``utilizing appropriate 
     records in'' and insert ``as well as''.
       On page 342, line 9, strike ``47135(m));'' and insert 
     ``47134(m));''
       On page 342, line 21, strike ``47135(m)).'' and insert 
     ``47134(m)).''
       On page 343, beginning in line 9, strike ``to the 
     Transportation Security Administration before entering United 
     States airspace; and'' and insert ``at the same time as, and 
     in conjunction with, advance notification requirements for 
     Customs and Border Protection before entering United States 
     airspace; and''.
       On page 344, beginning with line 14, strike through line 12 
     on page 345 and insert the following:

[[Page 5922]]



     SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING 
                   CENTER.

       (a) In General.--
       (1) Increased training capacity.--Within 180 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall begin to increase the capacity of the 
     Department of Homeland Security's National Explosives 
     Detection Canine Team Program at Lackland Air Force Base to 
     accommodate the training of up to 200 canine teams annually 
     by the end of calendar year 2008.
       (2) Expansion detailed requirements.--The expansion shall 
     include upgrading existing facilities, procurement of 
     additional canines, and increasing staffing and oversight 
     commensurate with the increased training and deployment 
     capabilities required by paragraph (1).
       (3) Ultimate expansion.--The Secretary shall continue to 
     increase the training capacity and all other necessary 
     program expansions so that by December 31, 2009, the number 
     of canine teams sufficient to meet the Secretary's homeland 
     security mission, as determined by the Secretary on an annual 
     basis, may be trained at this facility.
       (b) Alternative Training Centers.--Based on feasibility and 
     to meet the ongoing demand for quality explosives detection 
     canines teams, the Secretary shall explore the options of 
     creating the following:
       (1) A standardized Transportation Security Administration 
     approved canine program that private sector entities could 
     use to provide training for additional explosives detection 
     canine teams. For any such program, the Secretary--
       (A) may coordinate with key stakeholders, including 
     international, Federal, State, local, private sector and 
     academic entities, to develop best practice guidelines for 
     such a standardized program;
       (B) shall require specific training criteria to which 
     private sector entities must adhere as a condition of 
     participating in the program; and
       (C) shall review the status of these private sector 
     programs on at least an annual basis.
       (2) Expansion of explosives detection canine team training 
     to at least 2 additional national training centers, to be 
     modeled after the Center of Excellence established at 
     Lackland Air Force Base.
       (c) Deployment.--The Secretary--
       (1) shall use the additional explosives detection canine 
     teams as part of the Department's layers of enhanced mobile 
     security across the Nation's transportation network and to 
     support other homeland security programs, as deemed 
     appropriate by the Secretary; and
       (2) may make available explosives detection canine teams to 
     all modes of transportation, for areas of high risk or to 
     address specific threats, on an as-needed basis and as 
     otherwise deemed appropriate by the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 1377. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

       (a) In General.--Paragraph (6) of section 44903(h) of title 
     49, United States Code, is amended to read as follows:
       ``(6) Use of biometric technology for armed law enforcement 
     travel.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Improving America's Security Act of 2007, 
     the Secretary of Homeland Security shall--
       ``(i) consult with the Attorney General concerning 
     implementation of this paragraph;
       ``(ii) issue any necessary rulemaking to implement this 
     paragraph; and
       ``(iii) establishing a national registered armed law 
     enforcement program for law enforcement officers needing to 
     be armed when traveling by air.
       ``(B) Program requirements.--The program shall--
       ``(i) establish a credential or a system that incorporates 
     biometric technology and other applicable technologies;
       ``(ii) provide a flexible solution for law enforcement 
     officers who need to be armed when traveling by air on a 
     regular basis and for those who need to be armed during 
     temporary travel assignments;
       ``(iii) be coordinated with other uniform credentialing 
     initiatives including the Homeland Security Presidential 
     Directive 12;
       ``(iv) be applicable for all Federal, State, local, tribal 
     and territorial government law enforcement agencies; and
       ``(v) establish a process by which the travel credential or 
     system may be used to verify the identity, using biometric 
     technology, of a Federal, State, local, tribal, or 
     territorial law enforcement officer seeking to carry a weapon 
     on board an aircraft, without unnecessarily disclosing to the 
     public that the individual is a law enforcement officer.
       ``(C) Procedures.--In establishing the program, the 
     Secretary shall develop procedures--
       ``(i) to ensure that only Federal, State, local, tribal, 
     and territorial government law enforcement officers with a 
     specific need to be armed when traveling by air are issued a 
     law enforcement travel credential;
       ``(II) to preserve the anonymity of the armed law 
     enforcement officer without calling undue attention to the 
     individual's identity;
       ``(iii) to resolve failures to enroll, false matches, and 
     false non-matches relating to use of the law enforcement 
     travel credential or system; and
       ``(iv) to invalidate any law enforcement travel credential 
     or system that is lost, stolen, or no longer authorized for 
     use.
       ``(D) Funding.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     paragraph.''.
       (b) Report.--Within 180 days after implementing the 
     national registered armed law enforcement program required by 
     section 44903(h)(6) of title 49, United States Code, the 
     Secretary of Homeland Security shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation. If 
     the Secretary has not implemented the program within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     issue a report to the Committee within 180 days explaining 
     the reasons for the failure to implement the program within 
     the time required by that section, and a further report 
     within each successive 180-day period until the program is 
     implemented explaining the reasons for such further delays in 
     implementation until the program is implemented. The 
     Secretary shall submit each report required by this 
     subsection in classified format.

     SEC. 1378. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

       The Assistant Secretary of Homeland Security 
     (Transportation Security Administration), shall establish a 
     pilot program at a small hub airport, a medium hub airport, 
     and a large hub airport (as those terms are defined in 
     paragraphs (42), (31), and (29), respectively, of section 
     40102 of title 49, United States Code) for training students 
     to perform screening of passengers and property under section 
     44901 of title 49, United States Code. The program shall be 
     an internship for pre-employment training of final-year 
     students from public and private secondary schools located in 
     nearby communities. Under the program, participants shall 
     perform only those security responsibilities determined to be 
     appropriate for their age and in accordance with applicable 
     law and shall be compensated for training and service time 
     while participating in the program.
       On page 361, after line 22, insert the following:

     SEC. 1385. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 
                   COMMITTEES.

       (a) Senate Commerce, Science, and Transportation 
     Committee.--The Committee on Commerce, Science, and 
     Transportation of the Senate shall receive the reports 
     required by the following provisions of law in the same 
     manner and to the same extent that the reports are to be 
     received by the Committee on Homeland Security and 
     Governmental Affairs of the Senate:
       (1) Section 1016(j)(1) of the Intelligence Reform and 
     Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
       (2) Section 121(c) of this Act.
       (3) Section 2002(e)(3) of the Homeland Security Act of 
     2002, as added by section 202 of this Act.
       (4) Subsections (a) and (b)(2)(B)(ii) of section 2009 of 
     the Homeland Security Act of 2002, as added by section 202 of 
     this Act.
       (5) Section 302(d) of this Act.
       (6) Section 7215(d) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
       (7) Section 7209(b)(1)(C) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
       (8) Section 504(c) of this Act.
       (9) Section 705 of this Act.
       (10) Section 803(d) of this Act.
       (11) Section 510(a)(7) of the Homeland Security Act of 2002 
     (6 U.S.C. 320(a)(7)).
       (12) Section 510(b)(7) of the Homeland Security Act of 2002 
     (6 U.S.C. 320(b)(7)).
       (13) Section 1002(b) of this Act.
       (b) Senate Committee on Homeland Security and Governmental 
     Affairs.--The Committee on Homeland Security and Governmental 
     Affairs of the Senate shall receive the reports required by 
     the following provisions of law in the same manner and to the 
     same extent that the reports are to be received by the 
     Committee on Commerce, Science, and Transportation of the 
     Senate:
       (1) Section 1321(c) of this Act.
       (2) Section 1323(f)(3)(A) of this Act.
       (3) Section 1328 of this Act.
       (4) Section 1329(d) of this Act.
       (5) Section 114(v)(4)(A)(i) of title 49, United States 
     Code.
       (6) Section 1341(a)(7) of this Act.
       (7) Section 1341(b)(2) of this Act.
       (8) Section 1345 of this Act.
       (9) Section 1346(f) of this Act.
       (10) Section 1347(f)(1) of this Act.
       (11) Section 1348(d)(1) of this Act.
       (12) Section 1366(b)(3) of this Act.
       (13) Section 1372(b) of this Act.
       (14) Section 1375 of this Act.
       (15) Section 3006(i) of the Digital Television Transition 
     and Public Safety Act of 2005 (47 U.S.C. 309 note).
       (16) Section 1381(c) of this Act.
       (17) Subsections (a) and (b) of section 1383 of this Act.
                                 ______
                                 
  SA 425. Mr. INOUYE submitted an amendment intended to be proposed to

[[Page 5923]]

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 324, after line 22, insert the following:

                PART III--FISCAL YEAR 2007 AUTHORIZATION

     SEC. 1355. FISCAL YEAR 2007 AUTHORIZATION

       (a) In General.--There are authorized to be appropriated 
     for fiscal year 2007 such sums as may be necessary to carry 
     out this subtitle.
       (b) Amendment of 49 U.S.C. 114(u).--Section 114(u) of title 
     49, United States Code, as added by section 1336 of this 
     subtitle, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively; and
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) such sums as may be necessary for fiscal year 
     2007;''.
                                 ______
                                 
  SA 426. Mr. BOND (for himself, Mr. Rockefeller, Mr. Hatch, Mr. Burr, 
Mr. Warner, and Mr. Chambliss) 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:

       The Committee on Homeland Security and Governmental Affairs 
     and the Select Committee on Intelligence of the Senate each, 
     or jointly, shall--
       (1) undertake a review of the recommendations made in the 
     final report of the 9/11 Commission with respect to 
     intelligence reform and congressional intelligence oversight 
     reform;
       (2) review and consider any other suggestions, options, or 
     recommendations for improving intelligence oversight; and
       (3) not later than December 21, 2007, submit to the Senate 
     a report that includes the recommendations of the Committee, 
     if any, for carrying out such reforms.
                                 ______
                                 
  SA 427. Ms. LANDRIEU 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 361, after line 20, insert the following:

     SEC. 1385. COORDINATION OF EVACUATION AND SHELTERING PLANS.

       (a) Regional Evacuation Plans.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, using the findings 
     contained in the report analyzing catastrophic hurricane 
     evacuation plans, which was submitted to Congress pursuant to 
     section 10204(d) of SAFETEA-LU (Public Law 109-59), in 
     cooperation with the Secretary of Transportation and the 
     Secretary of Defense, and in coordination with the plans 
     established pursuant to subsection (b), shall establish, in 
     coordination with state and local governments and submit to 
     Congress, regional evacuation plans that--
       (A) are nationally coordinated;
       (B) incorporate all modes of transportation, including 
     interstate rail, commercial rail, commercial air, military 
     air, and commercial bus; and
       (C) clearly define the roles and responsibilities that each 
     Federal, State, or local government agency should undertake 
     to prepare for major evacuations.
       (2) Provision of evacuation and sheltering services.--The 
     Director of the Federal Emergency Management Agency, in 
     coordination with States, units of local government, 
     nonprofit organization, and other private entities, shall be 
     prepared to provide regionally-coordinated evacuation and 
     sheltering services for individuals affected by large-scale 
     disasters.
       (b) Regional Sheltering Plans.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary, 
     using the findings described in subsection (a), in 
     cooperation with the Secretary of Transportation and the 
     Secretary of Health and Human Services, and in coordination 
     with the plans established pursuant to subsection (a), 
     shall--
       (1) establish, and submit to Congress, regional sheltering 
     plans that--
       (A) are nationally coordinated; and
       (B) identify regional and national shelters capable of 
     housing evacuees and victims of a catastrophic natural 
     disaster or terrorist attack in any part of the country; and
       (2) develop a national sheltering database that can be 
     shared with States and units of local government during a 
     catastrophic event.
       (c) Implementation.--Not later than 120 days after the 
     evacuation and sheltering plans are submitted under this 
     section, the Secretary, the Secretary of Transportation, the 
     Secretary of Defense, and the Secretary of Health and Human 
     Services, shall--
       (1) finalize procedures to implement the plans established 
     pursuant to subsections (a) and (b); and
       (2) report to Congress regarding whether additional 
     authorities or resources are needed to facilitate the 
     implementation of such plans.
       (d) Cost-Benefit Analysis.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, shall conduct an analysis 
     comparing the costs and benefits of evacuating the people of 
     New Orleans during a natural disaster or terrorist attack 
     compared to the costs and benefits of sheltering such people 
     in the region.
       (2) Considerations.--In conducting the analysis under 
     paragraph (1), the Secretaries shall consider--
       (A) the 20,000 to 30,000 people in New Orleans with special 
     needs; and
       (B) the absence of shelters in Orleans Parish.
       (3) Technical assistance.--The Secretary and the Secretary 
     of Transportation shall provide technical assistance to State 
     and units of local government that are establishing 
     evacuation and sheltering plans, which identify and utilize 
     regional shelters, manpower, logistics, physical facilities, 
     and modes of transportation to be used to evacuate and 
     shelter large groups of people.
                                 ______
                                 
  SA 428. Ms. LANDRIEU (for herself and Mr. Vitter) 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 end of title XV, add the following:

     SEC. ____. REPAYMENT OF LOANS.

       (a) In General.--For any loan under section 417 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5184) to a local government made with covered 
     funds, the Administrator of the Federal Emergency Management 
     Agency shall repay all or part of that loan from covered 
     amounts to the extent that revenues of that local government 
     during the 3 full fiscal year period following Hurricane 
     Katrina of 2005 or Hurricane Rita of 2005, as the case may be 
     for that loan, are insufficient to meet the operating budget 
     of that local government, including additional disaster-
     related expenses of a municipal operation character.
       (b) Determination.--The determination of whether revenues 
     of a local government are insufficient to meet the operating 
     budget of that local government under subsection (a) shall be 
     made in accordance with the regulations issued under section 
     417 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5184), as in effect on March 8, 
     2007.
       (c) Definitions.--In this section--
       (1) the term ``covered amounts'' means amounts made 
     available--
       (A) under the heading ``Disaster Relief'' in the Emergency 
     Supplemental Appropriations Act to Meet Immediate Needs 
     Arising from the Consequences of Hurricane Katrina, 2005 
     (Public Law 109-61; 119 Stat. 1989);
       (B) under the heading ``Disaster Relief'' in the Second 
     Emergency Supplemental Appropriations Act to Meet Immediate 
     Needs Arising From the Consequences of Hurricane Katrina, 
     2005 (Public Law 109-62; 119 Stat. 1991); or
       (C) under the heading ``disaster relief'' under chapter 4 
     of title II of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234; 120 Stat. 459); and
       (2) the term ``covered funds'' means funds made available--
       (A) under section 2(a) of the Community Disaster Loan Act 
     of 2005 (Public Law 109-88; 119 Stat. 2061); or
       (B) under the heading ``disaster assistance direct loan 
     program account'' under chapter 4 of title II of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 (Public 
     Law 109-234; 120 Stat. 459).
                                 ______
                                 
  SA 429. Mr. FEINGOLD (for himself and Mr. Sununu) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and

[[Page 5924]]

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 174, strike line 1 and all that follows through 
     page 177, line 20, and insert the following:
       (1) Data mining.--The term ``data mining'' means a program 
     involving pattern-based queries, searches, or other analyses 
     of 1 or more electronic databases, where--
       (A) a department or agency of the Federal Government, or a 
     non-Federal entity acting on behalf of the Federal 
     Government, is conducting the queries, searches, or other 
     analyses to discover or locate a predictive pattern or 
     anomaly indicative of terrorist or criminal activity on the 
     part of any individual or individuals;
       (B) the queries, searches, or other analyses are not 
     subject-based and do not use personal identifiers of a 
     specific individual, or inputs associated with a specific 
     individual or group of individuals, to retrieve information 
     from the database or databases; and
       (C) the purpose of the queries, searches, or other analyses 
     is not solely--
       (i) the detection of fraud, waste, or abuse in a Government 
     agency or program; or
       (ii) the security of a Government computer system.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available to any member of the public without payment of a 
     fee, or databases of judicial and administrative opinions or 
     other legal research sources.
       (c) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be produced in coordination with the privacy officer of 
     that department or agency, if applicable, and shall be made 
     available to the public, except for an annex described in 
     paragraph (3).
       (2) Content of report.--Each report submitted under 
     paragraph (1) shall include, for each activity to use or 
     develop data mining, the following information:
       (A) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (B) A thorough description of the data mining technology 
     that is being used or will be used, including the basis for 
     determining whether a particular pattern or anomaly is 
     indicative of terrorist or criminal activity.
       (C) A thorough description of the data sources that are 
     being or will be used.
       (D) An assessment of the efficacy or likely efficacy of the 
     data mining activity in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the data mining activity.
       (E) An assessment of the impact or likely impact of the 
     implementation of the data mining activity on the privacy and 
     civil liberties of individuals, including a thorough 
     description of the actions that are being taken or will be 
     taken with regard to the property, privacy, or other rights 
     or privileges of any individual or individuals as a result of 
     the implementation of the data mining activity.
       (F) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used in conjunction with the data 
     mining activity, to the extent applicable in the context of 
     the data mining activity.
       (G) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such data mining activity in order to--
       (i) protect the privacy and due process rights of 
     individuals, such as redress procedures; and
       (ii) ensure that only accurate and complete information is 
     collected, reviewed, gathered, analyzed, or used, and guard 
     against any harmful consequences of potential inaccuracies.
       (3) Annex.--
       (A) In general.--A report under paragraph (1) shall include 
     in an annex any necessary--
       (i) classified information;
       (ii) law enforcement sensitive information;
       (iii) proprietary business information; or
       (iv) trade secrets (as that term is defined in section 1839 
     of title 18, United States Code).
       (B) Availability.--Any annex described in subparagraph 
     (A)--
       (i) shall be available, as appropriate, and consistent with 
     the National Security Act of 1947 (50 U.S.C. 401 et seq.), to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, the Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Homeland Security, the Committee 
     on the Judiciary, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Financial Services of the House of 
     Representatives; and
       (ii) shall not be made available to the public.
       (4) Time for report.--Each report required under paragraph 
     (1) shall be--
       (A) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (B) updated not less frequently than annually thereafter, 
     to include any activity to use or develop data mining engaged 
     in after the date of the prior report submitted under 
     paragraph (1).
                                 ______
                                 
  SA 430. Mr. LIEBERMAN 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 end of title XV, add the following:

     SEC. 15__. NONPROFIT COORDINATOR.

       Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 
     113) is amended by adding at the end the following:
       ``(g) Nonprofit Coordinator.--
       ``(1) In general.--The Secretary shall designate an 
     employee of the Department to serve as a point of contact for 
     nonprofit organizations.
       ``(2) Responsibilities.--The employee designated under 
     paragraph (1) shall--
       ``(A) promote and encourage the integration of nonprofit 
     organizations into the mission of the Department;
       ``(B) serve as--
       ``(i) a guide and resource for nonprofit organizations; and
       ``(ii) a facilitator between nonprofit organizations and 
     the Department; and
       ``(C) advance, and disseminate to nonprofit organizations, 
     programs, initiatives, resources, strategies, and 
     opportunities to improve security for, and the preparedness 
     of, nonprofit organizations.''.
                                 ______
                                 
  SA 431. Mr. LIEBERMAN (for himself and Ms. Collins) 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 194, lines 18 and 19, strike ``and each private 
     sector advisory council created under section 102(f)(4)'' and 
     insert ``each private sector advisory council created under 
     section 102(f)(4), and appropriate private sector advisory 
     groups such as sector coordinating councils and information 
     sharing and analysis centers''.
       On page 195, line 12, strike ``the American National 
     Standards Institute and'' and insert ``representatives of 
     organizations that coordinate or facilitate the development 
     of and use of voluntary consensus standards''.
       On page 195, lines 14 through 16, strike ``and each private 
     sector advisory council created under section 102(f)(4)'' and 
     insert ``, each private sector advisory council created under 
     section 102(f)(4), and appropriate private sector advisory 
     groups such as sector coordinating councils and information 
     sharing and analysis centers''.
       On page 196, line 21, strike ``and'' after the semicolon.
       On page 196, strike lines 17-23 and insert the following:
       ``(C) consider the unique nature of various sectors within 
     the private sector, including preparedness, business 
     continuity standards, or best practices, established--
       ``(i) under any other provision of Federal law; or
       ``(ii) by any sector-specific agency, as defined under 
     Homeland Security Presidential Directive-7; and
       ``(D) coordinate the program, as appropriate, with--
       ``(i) other Department private sector related programs; and
       ``(ii) preparedness and business continuity programs in 
     other Federal agencies.
       On page 201, between lines 9 and 10, insert the following:
       ``(e) Compliance by Entities Seeking Certification.--Any 
     entity seeking certification under this section shall comply 
     with all applicable statutes, regulations, directives, 
     policies, and industry codes of practice in meeting 
     certification requirements.
       On page 201, line 10, strike ``(e)'' and insert ``(f)''.
       On page 201, line 13, strike ``(f)'' and insert ``(g)''.
       On page 201, line 18, strike ``(g)'' and insert ``(h)''.

[[Page 5925]]

       On page 202, strike lines 20 through 24, and insert the 
     following:

     SEC. 706. RULE OF CONSTRUCTION.

       Nothing in this title may be construed to supercede any 
     preparedness or business continuity standards, requirements, 
     or best practices established--
       (1) under any other provision of Federal law; or
       (2) by any sector-specific agency, as defined under 
     Homeland Security Presidential Directive-7.
                                 ______
                                 
  SA 432. 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 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 344, beginning with line 14, strike through line 12 
     on page 345 and insert the following:

     SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING 
                   CENTER.

       (a) In General.--
       (1) Increased training capacity.--Within 180 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall begin to increase the capacity of the 
     Department of Homeland Security's National Explosives 
     Detection Canine Team Program at Lackland Air Force Base to 
     accommodate the training of up to 200 canine teams annually 
     by the end of calendar year 2008.
       (2) Expansion detailed requirements.--The expansion shall 
     include upgrading existing facilities, procurement of 
     additional canines, and increasing staffing and oversight 
     commensurate with the increased training and deployment 
     capabilities required by paragraph (1).
       (3) Ultimate expansion.--The Secretary shall continue to 
     increase the training capacity and all other necessary 
     program expansions so that by December 31, 2009, the number 
     of canine teams sufficient to meet the Secretary's homeland 
     security mission, as determined by the Secretary on an annual 
     basis, may be trained at this facility.
       (b) Alternative training centers.--Based on feasibility and 
     to meet the ongoing demand for quality explosives detection 
     canines teams, the Secretary shall explore the options of 
     creating the following:
       (1) A standardized Transportation Security Administration 
     approved canine program that private sector entities could 
     use to provide training for additional explosives detection 
     canine teams. For any such program, the Secretary--
       (A) may coordinate with key stakeholders, including 
     international, Federal, State, local, private sector and 
     academic entities, to develop best practice guidelines for 
     such a standardized program;
       (B) shall require specific training criteria to which 
     private sector entities must adhere as a condition of 
     participating in the program; and
       (C) shall review the status of these private sector 
     programs on at least an annual basis.
       (2) Expansion of explosives detection canine team training 
     to at least 2 additional national training centers, to be 
     modeled after the Center of Excellence established at 
     Lackland Air Force Base.
       (c) Deployment.--The Secretary--
       (1) shall use the additional explosives detection canine 
     teams as part of the Department's layers of enhanced mobile 
     security across the Nation's transportation network and to 
     support other homeland security programs, as deemed 
     appropriate by the Secretary; and
       (2) may make available explosives detection canine teams to 
     all modes of transportation, for areas of high risk or to 
     address specific threats, on an as-needed basis and as 
     otherwise deemed appropriate by the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.
                                 ______
                                 
  SA 433. Mr. STEVENS 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 end of section 1375 insert the following:
       (  ) Use of biometric technology for armed law enforcement 
     travel.--
       (  ) In general.--Not later than 1 year after the date of 
     enactment of the Improving America's Security Act of 2007, 
     the Secretary of Homeland Security shall--
       (  ) consult with the Attorney General concerning 
     implementation of this paragraph;
       (  ) issue any necessary rulemaking to implement this 
     paragraph; and
       (  ) establishing a national registered armed law 
     enforcement program for law enforcement officers needing to 
     be armed when traveling by air.
       (  ) Program requirements.--The program shall--
       (  ) establish a credential or a system that incorporates 
     biometric technology and other applicable technologies;
       (  ) provide a flexible solution for law enforcement 
     officers who need to be armed when traveling by air on a 
     regular basis and for those who need to be armed during 
     temporary travel assignments;
       (  ) be coordinated with other uniform credentialing 
     initiatives including the Homeland Security Presidential 
     Directive 12;
       (  ) be applicable for all Federal, State, local, tribal 
     and territorial government law enforcement agencies; and
       (  ) establish a process by which the travel credential or 
     system may be used to verify the identity, using biometric 
     technology, of a Federal, State, local, tribal, or 
     territorial law enforcement officer seeking to carry a weapon 
     on board an aircraft, without unnecessarily disclosing to the 
     public that the individual is a law enforcement officer.
       (  ) Procedures.--In establishing the program, the 
     Secretary shall develop procedures--
       (  ) to ensure that only Federal, State, local, tribal, and 
     territorial government law enforcement officers with a 
     specific need to be armed when traveling by air are issued a 
     law enforcement travel credential;
       (  ) to preserve the anonymity of the armed law enforcement 
     officer without calling undue attention to the individual's 
     identity;
       (  ) to resolve failures to enroll, false matches, and 
     false non-matches relating to use of the law enforcement 
     travel credential or system; and
       (  ) to invalidate any law enforcement travel credential or 
     system that is lost, stolen, or no longer authorized for use.
       (  ) Funding.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     paragraph.''.
       (  ) Report.--Within 180 days after implementing the 
     national registered armed law enforcement program required by 
     section 44903(h)(6) of title 49, United States Code, the 
     Secretary of Homeland Security shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation. If 
     the Secretary has not implemented the program within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     issue a report to the Committee within 180 days explaining 
     the reasons for the failure to implement the program within 
     the time required by that section, and a further report 
     within each successive 180-day period until the program is 
     implemented explaining the reasons for such further delays in 
     implementation until the program is implemented. The 
     Secretary shall submit each report required by this 
     subsection in classified format.
                                 ______
                                 
  SA 434. Mr. PRYOR (for himself and Mrs. Lincoln) 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 end of title XV, add the following:

     SEC. ____. TEMPORARY HOUSING ASSISTANCE FOR VICTIMS OF 
                   NATURAL DISASTERS.

       Notwithstanding any provision of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act or any other 
     provision of law, the Secretary may distribute any assets of 
     the Department for the purposes of providing temporary 
     housing to victims of natural disasters.
                                 ______
                                 
  SA 435. Mr. PRYOR 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 80, between lines 6 and 7, insert the following:

     ``SEC. 2006. NONPROFIT SECURITY INITIATIVE.

       ``(a) Definition.--In this section, the term `eligible 
     nonprofit organization' means an organization--
       ``(1) described under section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such code; and
       ``(2) determined by the Secretary to be at-risk of 
     terrorist attack.

[[Page 5926]]

       ``(b) Establishment.--There is established a Nonprofit 
     Security Initiative, to make grants to eligible nonprofit 
     organizations.
       ``(c) Application; Administration.--An eligible nonprofit 
     organization desiring a grant under this section shall submit 
     an application to the Secretary that includes--
       ``(1) a certification that no State or local government is 
     making funds distributed under this title available to that 
     eligible nonprofit organization for allowable physical 
     security enhancements; and
       ``(2) such other information as the Secretary may require.
       ``(d) Allowable Uses.--A grant under this section shall be 
     used to enhance security by purchasing and installing 
     equipment and enhancements approved by the Department, and 
     providing related training.
       ``(e) Distribution of Awards.--
       ``(1) In general.--In allocating grants under this section, 
     the Secretary shall consider the relative threat, 
     vulnerability, and consequences faced by the eligible 
     nonprofit organization from a terrorist attack, including 
     consideration of--
       ``(A) threats from any organization designated as an 
     international terrorist organization by the Department of 
     State or of unaffiliated radical extremists (within or 
     outside the United States) against any group of United States 
     citizens who operate or are the principal beneficiaries or 
     users of that eligible nonprofit organization;
       ``(B) any prior attack by such an organization (within or 
     outside the United States) against that eligible nonprofit 
     organization or entities associated with or similarly 
     situated as that eligible nonprofit organization;
       ``(C) the symbolic value or historic nature of that 
     eligible nonprofit organization as a possible target of such 
     an organization;
       ``(D) the role of that eligible nonprofit organization in 
     emergency response and preparedness;
       ``(E) threat or vulnerability assessments relating to that 
     eligible nonprofit organization;
       ``(F) increased threat to specific sectors or areas; and
       ``(G) any other relevant homeland security information the 
     Secretary may consider as appropriate.
       ``(2) Information.--In allocating grants under this 
     section, the Secretary may seek information and assistance 
     from officials of State, regional, or local government.
       ``(f) Nonexclusivity.--An eligible nonprofit organization 
     shall not be ineligible to participate in other allowable 
     program activities (including planning, training, exercise, 
     or equipment) under the Homeland Security Grant Program 
     because that eligible nonprofit organization receives a grant 
     under this section.
       ``(g) Funding.--Notwithstanding section 2011, for each 
     fiscal year, the Secretary shall use not less than 
     $25,000,000 of the total funds appropriated for the Homeland 
     Security Grant Program for grants under this section.
       ``(h) 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 Secretary shall submit to the Committee 
     on Homeland Security and Government Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report describing--
       ``(1) the performance of grantees under this section; and
       ``(2) the efforts of the Secretary to improve the 
     integration of nonprofit organizations into allowable program 
     activities under the Homeland Security Grant Program and the 
     efficacy of those efforts, particularly physical security 
     enhancement activities under the Homeland Security Grant 
     Program.
                                 ______
                                 
  SA 436. Mr. PRYOR (for himself and Mrs. Lincoln) 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 end of title XV, add the following:

     SEC. ____. DISASTER ASSISTANCE FOR DAMAGES FROM TORNADOS 
                   WHICH OCCURRED IN DESHA COUNTY, ARKANSAS.

       For purposes of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act, the tornados which occurred in 
     Desha County, Arkansas during the period of February 23, 2005 
     through March 2, 2005, shall be a major disaster as defined 
     under section 102(2) of that Act.
                                 ______
                                 
  SA 437. Mr. DODD 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 196, beginning on line 21, strike ``and'' and all 
     that follows through page 202, line 24, and insert the 
     following:
       ``(B) ensure the program accommodates those needs where 
     appropriate and feasible to assist such entities in providing 
     discounts or other benefits, as deemed appropriate by those 
     entities;
       ``(C) consider the unique nature of various sectors within 
     the private sector, including preparedness, business 
     continuity standards, or best practices, established under 
     any provision of federal law or those established by a 
     sector-specific agency, as defined in and in accordance with 
     Homeland Security Presidential Directive-7 (or any successor 
     thereto); and
       ``(D) coordinate the program with other private sector 
     related programs of the Department, as well as preparedness 
     and business programs in other Federal agencies, as 
     appropriate.
       ``(c) Accreditation and Certification Processes.--
       ``(1) Agreement.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of this section, the Secretary shall enter into 
     1 or more agreements with the American National Standards 
     Institute or other similarly qualified nongovernmental or 
     other private sector entities to carry out accreditations and 
     oversee the certification process under this section.
       ``(B) Contents.--Any selected entity shall manage the 
     accreditation process and oversee the certification process 
     in accordance with the program established under this section 
     and accredit qualified third parties to carry out the 
     certification program established under this section.
       ``(2) Procedures and requirements for accreditation and 
     certification.--
       ``(A) In general.--The selected entities shall collaborate 
     to develop procedures and requirements for the accreditation 
     and certification processes under this section, in accordance 
     with the program established under this section and 
     guidelines developed under subsection (b)(1)(B).
       ``(B) Contents and use.--The procedures and requirements 
     developed under subparagraph (A) shall--
       ``(i) ensure reasonable uniformity in the accreditation and 
     certification processes if there is more than 1 selected 
     entity; and
       ``(ii) be used by any selected entity in conducting 
     accreditations and overseeing the certification process under 
     this section.
       ``(C) Disagreement.--Any disagreement among selected 
     entities in developing procedures under subparagraph (A) 
     shall be resolved by the Secretary.
       ``(3) Designation.--A selected entity may accredit any 
     qualified third party to carry out the certification process 
     under this section.
       ``(4) Third parties.--To be accredited under paragraph (3), 
     a third party shall--
       ``(A) demonstrate that the third party has the ability to 
     certify private sector entities in accordance with the 
     procedures and requirements developed under paragraph (2);
       ``(B) agree to perform certifications in accordance with 
     such procedures and requirements;
       ``(C) agree not to have any beneficial interest in or any 
     direct or indirect control over--
       ``(i) a private sector entity for which that third party 
     conducts a certification under this section; or
       ``(ii) any organization that provides preparedness 
     consulting services to private sector entities;
       ``(D) agree not to have any other conflict of interest with 
     respect to any private sector entity for which that third 
     party conducts a certification under this section;
       ``(E) maintain liability insurance coverage at policy 
     limits in accordance with the requirements developed under 
     paragraph (2); and
       ``(F) enter into an agreement with the selected entity 
     accrediting that third party to protect any proprietary 
     information of a private sector entity obtained under this 
     section.
       ``(5) Monitoring.--
       ``(A) In general.--The Secretary and any selected entity 
     shall regularly monitor and inspect the operations of any 
     third party conducting certifications under this section to 
     ensure that third party is complying with the procedures and 
     requirements established under paragraph (2) and all other 
     applicable requirements.
       ``(B) Revocation.--If the Secretary or any selected entity 
     determines that a third party is not meeting the procedures 
     or requirements established under paragraph (2), the 
     appropriate selected entity shall--
       ``(i) revoke the accreditation of that third party to 
     conduct certifications under this section; and
       ``(ii) review any certification conducted by that third 
     party, as necessary and appropriate.
       ``(d) Annual Review.--
       ``(1) In general.--The Secretary, in consultation with 
     representatives of the organizations that coordinate or 
     facilitate the development of and use of voluntary consensus

[[Page 5927]]

     standards, appropriate voluntary consensus standards 
     development organizations, and each private sector advisory 
     council created under section 102(f)(4), shall annually 
     review the voluntary accreditation and certification program 
     established under this section to ensure the effectiveness of 
     such program and make improvements and adjustments to the 
     program as necessary and appropriate.
       ``(2) Review of standards.--Each review under paragraph (1) 
     shall include an assessment of the voluntary national 
     preparedness standards used in the program under this 
     section.
       ``(e) Voluntary Participation.--Certification under this 
     section shall be voluntary for any private sector entity.
       ``(f) Public Listing.--The Secretary shall maintain and 
     make public a listing of any private sector entity certified 
     as being in compliance with the program established under 
     this section, if that private sector entity consents to such 
     listing.
       ``(g) Definition.--In this section, the term `selected 
     entity' means any entity entering an agreement with the 
     Secretary under subsection (c)(1)(A).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 521 the following:

``Sec. 522. Voluntary national preparedness standards compliance; 
              accreditation and certification program for the private 
              sector.''.

     SEC. 704. SENSE OF CONGRESS REGARDING PROMOTING AN 
                   INTERNATIONAL STANDARD FOR PRIVATE SECTOR 
                   PREPAREDNESS.

       It is the sense of Congress that the Secretary or any 
     entity designated under section 522(c)(1)(A) of the Homeland 
     Security Act of 2002, as added by this Act, should promote, 
     where appropriate, efforts to develop a consistent 
     international standard for private sector preparedness.

     SEC. 705. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report detailing--
       (1) any action taken to implement this title or an 
     amendment made by this title; and
       (2) the status, as of the date of that report, of the 
     implementation of this title and the amendments made by this 
     title.

     SEC. 706. RULE OF CONSTRUCTION.

       Nothing in this title may be construed to supercede any 
     preparedness or business continuity standards, requirements, 
     or best practices established under any other provision of 
     Federal law, or those established by any sector-specific 
     agency, as defined in and in accordance with Homeland 
     Security Presidential Directive-7 (or any successor thereto). 
     Any entity seeking certification under section 522 of the 
     Homeland Security Act of 2002, as added by this title, shall 
     comply with all applicable provisions of law, rule, 
     regulations, directives, and policies in establishing a 
     program to meet certification requirements.
                                 ______
                                 
  SA 438. Mr. DODD (for himself and Mr. Voinovich) 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 191, strike line 19 and all that follows through 
     page 202, line 24.
                                 ______
                                 
  SA 439. Mr. DODD 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 202, strike lines 20 through 24 and insert the 
     following:

     SEC. 706. RULE OF CONSTRUCTION.

       (a) In General.--Nothing in this title may be construed--
       (1) to supersede any preparedness or business continuity 
     standards or requirements established under any other 
     provision of Federal law, or those established by any sector-
     specific agency, as defined in and in accordance with 
     Homeland Security Presidential Directive-7 (or any successor 
     thereto); or
       (2) to authorize the Secretary or any other entity to apply 
     any voluntary national preparedness standards compliance 
     procedures or accreditation and certification program 
     procedures or requirements under this title or an amendment 
     made by this title to any company, financial institution, 
     Federal credit union, State credit union, insurance company, 
     or other entity, the activities of which are subject to 
     regulation by any Federal banking agency, the National Credit 
     Union Administration, the Securities and Exchange Commission, 
     or the insurance commissioner (or the equivalent) of a State.
       (b) Definitions.--In this section--
       (1) the term ``Federal banking agency'' has the meaning 
     given that term in section 3 of the Federal Deposit Insurance 
     Act (12 U.S.C. 1813); and
       (2) the terms ``Federal credit union'' and ``State credit 
     union'' have the meanings given those terms in section 101 of 
     the Federal Credit Union Act (12 U.S.C. 1752).
                                 ______
                                 
  SA 440. Mr. KOHL 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 91, between lines 15 and 16, insert the following:
       ``(f) Emergency Planning for the Elderly.--
       ``(1) Definition.--In this subsection, the term `emergency' 
     has meaning given that term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       ``(2) Planning.--
       ``(A) In general.--The Secretary shall ensure that any 
     emergency planning program or activity that receives funds 
     under a grant under title II, III, XIII, or XIV of the 
     Improving America's Security Act of 2007, or an amendment 
     made by any such title, specifically takes into account the 
     communication, evacuation, transportation, health care needs, 
     and other needs of the elderly in the event of an emergency 
     or major disaster.
       ``(B) Considerations.--In carrying out subparagraph (A), 
     the Secretary shall consider--
       ``(i) the input of geriatricians and other gerontology 
     experts; and
       ``(ii) congressional hearing records on emergency planning 
     for the elderly.
       ``(3) Training.--The Secretary shall ensure that any 
     program or activity to train emergency response providers 
     (including law enforcement officers) regarding responding to 
     an emergency or major disaster that receives funds under a 
     grant under title II, III, XIII, or XIV of the Improving 
     America's Security Act of 2007, or an amendment made by any 
     such title, includes specific training components on the 
     needs of the elderly.
       ``(4) Exercises.--The Secretary shall ensure that each 
     exercise designed to prepare for responding to an emergency 
     or major disaster conducted with funds received under a grant 
     under title II, III, XIII, or XIV of the Improving America's 
     Security Act of 2007, or an amendment made by any such title, 
     includes, as a component of the exercise, responding to the 
     needs of the elderly.
       ``(5) Education.--The Secretary shall--
       ``(A) develop consumer education materials specifically 
     designed to assist the elderly in preparing themselves for 
     any sort of emergency; and
       ``(B) develop and distribute templates to local governments 
     (including emergency management agencies and community-based 
     service providers) that can be tailored to each community.
                                 ______
                                 
  SA 441. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 357 proposed by Mr. Kyl to the 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 1, strike `` ``(1) DATA-MINING.--'' and all that 
     follows through ``(c) Reports on Data Mining Activities by 
     Federal Agencies.--'' on page 2, and insert the following:
       (1) Data mining.--The term ``data mining'' means a program 
     involving pattern-based queries, searches, or other analyses 
     of 1 or more electronic databases, where--
       (A) a department or agency of the Federal Government, or a 
     non-Federal entity acting on behalf of the Federal 
     Government, is conducting the queries, searches, or other 
     analyses to discover or locate a predictive pattern or 
     anomaly indicative of terrorist or criminal activity on the 
     part of any individual or individuals;
       (B) the queries, searches, or other analyses are not 
     subject-based and do not use personal identifiers of a 
     specific individual, or inputs associated with a specific 
     individual or group of individuals, to retrieve information 
     from the database or databases; and

[[Page 5928]]

       (C) the purpose of the queries, searches, or other analyses 
     is not solely--
       (i) the detection of fraud, waste, or abuse in a Government 
     agency or program; or
       (ii) the security of a Government computer system.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available to any member of the public without payment of a 
     fee, or databases of judicial and administrative opinions or 
     other legal research sources.
       (c) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) In general.--Subsection (d) of this section shall have 
     no force or effect.
       (2) Reports.--
       (A) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be produced in coordination with the privacy officer of 
     that department or agency, if applicable, and shall be made 
     available to the public, except for an annex described in 
     subparagraph (C).
       (B) Content of report.--Each report submitted under 
     subparagraph (A) shall include, for each activity to use or 
     develop data mining, the following information:
       (i) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (ii) A thorough description of the data mining technology 
     that is being used or will be used, including the basis for 
     determining whether a particular pattern or anomaly is 
     indicative of terrorist or criminal activity.
       (iii) A thorough description of the data sources that are 
     being or will be used.
       (iv) An assessment of the efficacy or likely efficacy of 
     the data mining activity in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the data mining activity.
       (v) An assessment of the impact or likely impact of the 
     implementation of the data mining activity on the privacy and 
     civil liberties of individuals, including a thorough 
     description of the actions that are being taken or will be 
     taken with regard to the property, privacy, or other rights 
     or privileges of any individual or individuals as a result of 
     the implementation of the data mining activity.
       (vi) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used in conjunction with the data 
     mining activity, to the extent applicable in the context of 
     the data mining activity.
       (vii) A thorough discussion of the policies, procedures, 
     and guidelines that are in place or that are to be developed 
     and applied in the use of such data mining activity in order 
     to--

       (I) protect the privacy and due process rights of 
     individuals, such as redress procedures; and
       (II) ensure that only accurate and complete information is 
     collected, reviewed, gathered, analyzed, or used, and guard 
     against any harmful consequences of potential inaccuracies.

       (C) Annex.--
       (i) In general.--A report under subparagraph (A) shall 
     include in an annex any necessary--

       (I) classified information;
       (II) law enforcement sensitive information;
       (III) proprietary business information; or
       (IV) trade secrets (as that term is defined in section 1839 
     of title 18, United States Code).

       (ii) Availability.--Any annex described in clause (i)--

       (I) shall be available, as appropriate, and consistent with 
     the National Security Act of 1947 (50 U.S.C. 401 et seq.), to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, the Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Homeland Security, the Committee 
     on the Judiciary, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Financial Services of the House of 
     Representatives; and
       (II) shall not be made available to the public.

       (D) Time for report.--Each report required under 
     subparagraph (A) shall be--
       (i) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (ii) updated not less frequently than annually thereafter, 
     to include any activity to use or develop data mining engaged 
     in after the date of the prior report submitted under 
     subparagraph (A).
       (d) Reports on Data Mining Activities by Federal 
     Agencies.--

                          ____________________