[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5969-5979]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 442. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 364 submitted Mrs. Hutchison and intended to be proposed 
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 appropriate place, insert the following:

     SEC. __ ENHANCEMENT OF DOMESTIC NURSING SUPPLY

       (a) Enhancement of Domestic Nursing Supply.--
       (1) Each employer who files a petition for one or more 
     aliens to enter the United States to perform labor as a nurse 
     for whom labor certification is required under INA 
     Sec. 212(a)(5)(A) shall pay to the Secretary of Homeland 
     Security a fee of $1,500 for each alien for whom a petition 
     is approved.
       (2) There is established in the general fund of the 
     Treasury a separate account which shall be known as the 
     ``Domestic Nursing Enhancement Account.'' Notwithstanding any 
     other section of this title, there shall be deposited as 
     offsetting receipts into the account all fees collected under 
     paragraph (1) above.
       (3) Grants.--Part D of title VIII of the Public Health 
     Service Act (42 U.S.C. 296p) is amended by adding at the end 
     the following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a master's degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (l)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--For purposes of this section, the term 
     `eligible school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 school years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate

[[Page 5970]]

     relative to, for a baccalaureate program, the number of 
     students. who were enrolled in the class at the beginning of 
     junior year or, for an associate degree program, the number 
     of students who were enrolled in the class at the end of the 
     first year) of not less than 80 percent for each of the 3 
     school years preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each school year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding school year by 
     5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) does not apply to the first school 
     year for which a school receives a grant under this section.
       ``(C) With respect to any school year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding school years.
       ``(4) Not later than 1 year after receipt of the grant, the 
     school will formulate and implement a plan to accomplish at 
     least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradis-
     ciplinary education among schools of nursing with a view 
     toward shared use of technological resources, including 
     information technology.
       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under. this section and submit to the 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than the end of fiscal year 2017, a final 
     report on such results.
       ``(g) Application.--To seek a grant under this section, a 
     school of nursing shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Funding.--Amounts deposited into the Domestic Nursing 
     Enhancement Account established by the Improving America's 
     Security Act of 2007 shall remain available to the Secretary 
     until expended for the costs of carrying out this section.
       ``(i) Authorization of Appropriations.--
       ``(1) In general.--For any additional costs of carrying out 
     this section, there are authorized to be appropriated such 
     sums as may be necessary.
       ``(2) Administrative costs.--For the costs of administering 
     this section, including the costs of evaluating the results 
     of grants and submitting reports to the Congress, there are 
     authorized to be appropriated such sums as may be 
     necessary.''.

     SEC. __. GLOBAL HEALTHCARE COOPERATION.

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

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

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

[[Page 5971]]

       (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. 
     1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an 
     eligible alien authorized to reside in a foreign country 
     pursuant to section 317A and the spouse or child of such 
     eligible alien, if appropriate,'' after ``Act,''.
       (4) Section 319(b)(I)(B) (8 U.S.C. 1430(b)(I)(B)) is 
     amended by inserting ``an eligible alien who is residing or 
     has resided in a foreign country pursuant to section 317A'' 
     before ``and'' at the end.
       (5) The table of contents is amended by inserting after the 
     item relating to section 317 the following:
       ``Sec. 317A. Temporary absence of aliens providing 
     healthcare in developing countries.''.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau of Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this section and the amendments made by this section.

     SEC. __. ATTESTATION BY HEALTHCARE WORKERS.

       (a) Requirement for Attestation.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
     amended by adding at the end the following new subparagraph:
       ``(E) Healthcare workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other healthcare worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other healthcare worker 
     in consideration for a commitment to work as a physician or 
     other healthcare worker in the alien's country of origin or 
     the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--
       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.
       (b) Effective Date and Application.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall become effective 180 days after the date of the 
     enactment of this Act.
       (2) Application by the secretary.--The Secretary shall 
     begin to carry out the subparagraph (E) of section 212(a)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), 
     as added by subsection (a), not later than the effective date 
     described in paragraph (1), including the requirement for the 
     attestation and the granting of a waiver described in such 
     subparagraph, regardless of whether regulations to implement 
     such subparagraph have been promulgated.
                                 ______
                                 
  SA 443. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 411 submitted by Mr. Lieberman (for himself and Mr. 
McCain) and intended to be proposed 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 7 of the matter proposed, between lines 9 and 10, 
     insert the following:
       (c) Exception.--A Democracy Fellow may not be assigned to 
     any congressional office until the Secretary of Defense 
     certifies to the Committee on Armed Services and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives that the request of 
     the Commander of the United States Central Command for the 
     Department of State for personnel and foreign service 
     officers has been fulfilled.

     SEC. 1612A. TRANSPARENCY OF UNITED STATES BROADCASTING TO 
                   ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF 
                   HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL 
                   BROADCASTS.

       (a) Transcripts.--The Broadcasting Board of Governors shall 
     transcribe into English all original broadcasting content.
       (b) Public Transparency.--The Broadcasting Board of 
     Governors shall post all English transcripts from its 
     broadcasting content on a publicly available website within 
     30 days of the original broadcast.
       (c) Definitions.--In this section, the term ``broadcasting 
     content'' includes programming produced or broadcast by 
     United States international broadcasters including the 
     following:
       (1) Voice of America.
       (2) Alhurra.
       (3) Radio Sawa.
       (4) Radio Farda.
       (5) Radio Free Europe/Radio Liberty.
       (6) Radio Free Asia.
       (7) The Office of Cuba Broadcasting.
                                 ______
                                 
  SA 444. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 398 submitted by Mr. Bingaman (for himself, Mr. 
Domenici, and Ms. Cantwell) and intended to be proposed 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 8, strike lines 8 through 13 and insert the 
     following:

     SEC. __. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
                   SUBDIVISIONS OF STATES.

       (a) Authority.--Notwithstanding any other provision of law, 
     law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including the transportation 
     across State lines to detention centers) an alien for the 
     purpose of assisting in the enforcement of the immigration 
     laws of the United States in the normal course of carrying 
     out the law enforcement duties of such personnel. This State 
     authority has never been displaced or preempted by a Federal 
     law.
       (b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

     SEC. __. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Except as provided in paragraph (3), not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall provide to the 
     head of the National Crime Information Center of the 
     Department of Justice the information that the Secretary has 
     or maintains related to any alien--
       (A) against whom a final order of removal has been issued;
       (B) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(2) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (C) whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States; or
       (D) whose visa has been revoked.
       (2) Removal of information.--The head of the National Crime 
     Information Center should promptly remove any information 
     provided by the Secretary under paragraph (1) related to an 
     alien who is granted lawful authority to enter or remain 
     legally in the United States.
       (3) Procedure for removal of erroneous information.--The 
     Secretary, in consultation with the head of the National 
     Crime Information Center of the Department of Justice, shall 
     develop and implement a procedure by which an alien may 
     petition the Secretary or head of the National Crime 
     Information Center, as appropriate, to remove any erroneous 
     information provided by the Secretary under paragraph (1) 
     related to such alien. Under such procedures, failure by the 
     alien to receive notice of a violation of the immigration 
     laws shall not constitute cause for removing information 
     provided by the Secretary under paragraph (1) related to such 
     alien, unless such information is erroneous. Notwithstanding 
     the 180-day time period set forth in paragraph (1), the 
     Secretary shall not provide the information required under 
     paragraph (1) until the procedures required by this paragraph 
     are developed and implemented.
       (b) Inclusion of Information in the National Crime 
     Information Center Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'' at the end;

[[Page 5972]]

       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
                                 ______
                                 
  SA 445. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 295 proposed by Ms. Landrieu 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, line 2, strike ``FEDERAL SHARE'' and all that 
     follows through the end of the amendment and insert the 
     following:

     EMERGENCY AND MAJOR DISASTER FRAUD PENALTIES.

       (a) Fraud in Connection With Major Disaster or Emergency 
     Benefits.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1040. Fraud in connection with major disaster or 
       emergency benefits

       ``(a) Whoever, in a circumstance described in subsection 
     (b) of this section, knowingly--
       ``(1) falsifies, conceals, or covers up by any trick, 
     scheme, or device any material fact; or
       ``(2) makes any materially false, fictitious, or fraudulent 
     statement or representation, or makes or uses any false 
     writing or document knowing the same to contain any 
     materially false, fictitious, or fraudulent statement or 
     representation, in any matter involving any benefit 
     authorized, transported, transmitted, transferred, disbursed, 
     or paid in connection with a major disaster declaration under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170) or an emergency 
     declaration under section 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5191), or in connection with any procurement of property or 
     services related to any emergency or major disaster 
     declaration as a prime contractor with the United States or 
     as a subcontractor or supplier on a contract in which there 
     is a prime contract with the United States, shall be fined 
     under this title, imprisoned not more than 30 years, or both.
       ``(b) A circumstance described in this subsection is any 
     instance where--
       ``(1) the authorization, transportation, transmission, 
     transfer, disbursement, or payment of the benefit is in or 
     affects interstate or foreign commerce;
       ``(2) the benefit is transported in the mail at any point 
     in the authorization, transportation, transmission, transfer, 
     disbursement, or payment of that benefit; or
       ``(3) the benefit is a record, voucher, payment, money, or 
     thing of value of the United States, or of any department or 
     agency thereof.
       ``(c) In this section, the term `benefit' means any record, 
     voucher, payment, money or thing of value, good, service, 
     right, or privilege provided by the United States, a State or 
     local government, or other entity.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``1040. Fraud in connection with major disaster or emergency 
              benefits.''.

       (b) Increased Criminal Penalties for Engaging in Wire, 
     Radio, and Television Fraud During and Relation to a 
     Presidentially Declared Major Disaster or Emergency.--Section 
     1343 of title 18, United States Code, is amended by 
     inserting: ``occurs in relation to, or involving any benefit 
     authorized, transported, transmitted, transferred, disbursed, 
     or paid in connection with, a presidentially declared major 
     disaster or emergency (as those terms are defined in section 
     102 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)), or'' after ``If the 
     violation''.
       (c) Increased Criminal Penalties for Engaging in Mail Fraud 
     During and Relation to a Presidentially Declared Major 
     Disaster or Emergency.--Section 1341 of title 18, United 
     States Code, is amended by inserting: ``occurs in relation 
     to, or involving any benefit authorized, transported, 
     transmitted, transferred, disbursed, or paid in connection 
     with, a presidentially declared major disaster or emergency 
     (as those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)), or'' after ``If the violation''.
       (d) Directive to Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this subsection, the United States Sentencing Commission 
     forthwith shall--
       (A) promulgate sentencing guidelines or amend existing 
     sentencing guidelines to provide for increased penalties for 
     persons convicted of fraud or theft offenses in connection 
     with a major disaster declaration under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) or an emergency declaration under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5191); and
       (B) submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives an explanation of actions taken by the 
     Commission pursuant to subparagraph (A) and any additional 
     policy recommendations the Commission may have for combating 
     offenses described in that subparagraph.
       (2) Requirements.--In carrying out this subsection, the 
     Sentencing Commission shall--
       (A) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offenses 
     described in paragraph (1) and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (B) assure reasonable consistency with other relevant 
     directives and with other guidelines;
       (C) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including circumstances for 
     which the sentencing guidelines currently provide sentencing 
     enhancements;
       (D) make any necessary conforming changes to the sentencing 
     guidelines; and
       (E) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.
       (3) Emergency authority and deadline for commission 
     action.--The Commission shall promulgate the guidelines or 
     amendments provided for under this subsection as soon as 
     practicable, and in any event not later than the 30 days 
     after the date of enactment of this Act, in accordance with 
     the procedures set forth in section 21(a) of the Sentencing 
     Reform Act of 1987, as though the authority under that Act 
     had not expired.
                                 ______
                                 
  SA 446. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 294 proposed by Mr. Coburn 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 appropriate place, insert the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;
       (B) 30 days;
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including

[[Page 5973]]

     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while carrying out an assignment 
     under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 447. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 321 proposed by Ms. Landrieu 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 appropriate place, insert the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;
       (B) 30 days;
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 448. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 337 submitted by Mr. Schumer (for himself and Mrs. 
Clinton) 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 appropriate place, insert the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;
       (B) 30 days; or
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

[[Page 5974]]


                                 ______
                                 
  SA 449. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 383 proposed by Mr. Biden 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 appropriate place, insert the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;
       (B) 30 days; or
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 450. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 389 proposed by Mr. Bond (for himself, Mr. Rockefeller, 
Mr. Warner, and Mr. Burr) 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 appropriate place, insert the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;
       (B) 30 days; or
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 451. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 325 proposed by Mr. Coburn 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 2, strike line 8 and all that follows and insert 
     the following:
       (b) Requirement for Compliance Certification and Report.--
       (1) In general.--Except for grants under section 1809 of 
     the Homeland Security Act of 2002, as added by this Act, the 
     Secretary shall not award any grants or distribute any grant 
     funds on or after October 1, 2008, under any grant program 
     under this Act or an amendment made by this Act, until the 
     Secretary submits a report to the appropriate committees 
     that--
       (A) contains a certification that the Department has, for 
     each program and activity

[[Page 5975]]

     of the Department (except for the grant program under section 
     1809 of the Homeland Security Act of 2002, as added by this 
     Act), performed and completed a risk assessment to determine 
     programs and activities that are at significant risk of 
     making improper payments; and
       (B) for each program and activity of the Department, 
     describes the actions to be taken to achieve compliance with 
     the Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note), including benchmarks and an estimated date of such 
     compliance.
       (2) Estimates of improper payments.--The Secretary shall 
     not award any grants or distribute any grant funds on or 
     after October 1, 2010, under any grant program under this Act 
     or an amendment made by this Act, until the Secretary submits 
     a report to the appropriate committees that contains a 
     certification that the Department has, for each program and 
     activity of the Department, estimated the total number of 
     improper payments for each program and activity determined to 
     be at significant risk of making improper payments.
                                 ______
                                 
  SA 452. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 361 submitted by Mr. Lieberman (for himself and Mr. 
McCain) and intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

              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
       (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.--
       (1) In general.--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.
       (2) Exception.--A Democracy Fellow may not be assigned to 
     any congressional office until the Secretary of Defense 
     certifies to the Committee on Armed Services and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives that the request of 
     the Commander of the United States Central Command for the 
     Department of State for personnel and foreign service 
     officers has been fulfilled.
       (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

[[Page 5976]]

     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.

     SEC. 1645. TRANSPARENCY OF UNITED STATES BROADCASTING TO 
                   ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF 
                   HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL 
                   BROADCASTS.

       (a) Transcripts.--The Broadcasting Board of Governors shall 
     transcribe into English all original broadcasting content.
       (b) Public Transparency.--The Broadcasting Board of 
     Governors shall post all English transcripts from its 
     broadcasting content on a publicly available website within 
     30 days of the original broadcast.
       (c) Definitions.--In this section, the term ``broadcasting 
     content'' includes programming produced or broadcast by 
     United States international broadcasters including the 
     following:
       (1) Voice of America.
       (2) Alhurra.
       (3) Radio Sawa.
       (4) Radio Farda.
       (5) Radio Free Europe/Radio Liberty.
       (6) Radio Free Asia.
       (7) The Office of Cuba Broadcasting.

            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 453. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 411 submitted by Mr. Lieberman (for himself and Mr. 
McCain) and intended to be proposed 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 7 of the matter proposed, between lines 9 and 10, 
     insert the following:
       (c) Exception.--A Democracy Fellow may not be assigned to 
     any congressional office until the Secretary of Defense 
     certifies to the Committee on Armed Services and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives that the request of 
     the Commander of the United States Central Command for the 
     Department of State for personnel and foreign service 
     officers has been fulfilled.

     SEC. 1612A. TRANSPARENCY OF UNITED STATES BROADCASTING TO 
                   ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF 
                   HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL 
                   BROADCASTS.

       (a) Transcripts.--The Broadcasting Board of Governors shall 
     transcribe into English all original broadcasting content.
       (b) Public Transparency.--The Broadcasting Board of 
     Governors shall post all English transcripts from its 
     broadcasting content on a publicly available website within 
     30 days of the original broadcast.
       (c) Definitions.--In this section, the term ``broadcasting 
     content'' includes programming produced or broadcast by 
     United States international broadcasters including the 
     following:
       (1) Voice of America.
       (2) Alhurra.
       (3) Radio Sawa.
       (4) Radio Farda.
       (5) Radio Free Europe/Radio Liberty.
       (6) Radio Free Asia.
       (7) The Office of Cuba Broadcasting.

                                 ______
                                 
  SA 454. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 325 proposed by Mr. Coburn 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, line 5, strike all through page 3, line 4, and 
     insert the following:
       (a) Definition.--In this section, the term ``appropriate 
     committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and

[[Page 5977]]

       (2) the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (b) Report by Secretary.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary shall submit a 
     report to the appropriate committees that--
       (1) details the actions the Department is taking to comply 
     with the Improper Payments Information Act of 2002 (31 U.S.C. 
     3321 note); and
       (2) includes--
       (A) goals and timelines for compliance with the 
     requirements of that Act; and
       (B) recommendations for improving compliance with that Act.
       (c) Report by OMB.--Not later than 6 months after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to the 
     appropriate committees that includes--
       (1) a discussion of the problems agencies have had in 
     complying with the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) with respect to programs involving non-
     Federal funds recipients, including grant programs;
       (2) a description of the actions the Office of Management 
     and Budget has taken to assist agencies in coming into 
     compliance with that Act with respect to the programs 
     involving non-Federal funds recipients; and
       (3) recommendations for improving the compliance of 
     agencies with that Act.
                                 ______
                                 
  SA 455. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COMPENSATION FOR UNITED STATES CITIZENS TAKEN 
                   HOSTAGE BY TERRORISTS OR STATE SPONSORS OF 
                   TERRORISM.

       (a) In General.--In accordance with such procedures as the 
     President may by regulation establish, the President or his 
     designee shall receive the claims of, and pay compensation 
     to, any national of the United States, or to the estate of 
     any such national, who--
       (1) as of the date of enactment of this Act has a claim 
     pending in a court of the United States against a foreign 
     state seeking compensation for injuries caused by an act of 
     hostage-taking or has obtained a judgment on such a claim 
     that has not been fully satisfied;
       (2) at any time on or after August 2, 1990, and while not 
     serving on active duty in the Armed Forces of the United 
     States, was taken hostage by a terrorist party; or
       (3) was a representative plaintiff or class member in Case 
     Number 1:00CV03110(EGS) in the United States District Court 
     for the District of Columbia or a plaintiff in Case Number 
     1:00CV00716 (HHK) in the United States District Court for the 
     District of Columbia.
       (b) Limit on Amount of Award.--The amount that may be 
     awarded to any person seeking compensation under this section 
     shall not exceed $500,000, adjusted to reflect the annual 
     percentage change in the Consumer Price Index, from the date 
     on which the hostage-taking occurred to the date on which 
     compensation is paid.
       (c) Type of Award.--Subject to the limit in subsection (b), 
     any person seeking compensation for hostage-taking under this 
     section shall be awarded the following amounts with respect 
     to which the United States shall enjoy full subrogation 
     rights in the event such person obtains any recovery in 
     litigation or otherwise as a result of such hostage-taking:
       (1) In the case of any person who has been issued a final 
     judgment for compensatory damages, the unsatisfied amount of 
     such judgment.
       (2) In the case of any person who survived his captivity 
     and who has not been issued a final judgment for compensatory 
     damages, $10,000 per day for each day that such person was 
     held or, if he died or was tortured during the course of his 
     captivity, the maximum amount in subsection (b).
       (d) Prohibition on Civil Actions Against Foreign States.--A 
     person who has accepted compensation under subsection (c)(2) 
     may not commence or maintain in a court of the United States 
     a civil action seeking compensation for such injuries or 
     damages associated with such hostage taking against a foreign 
     state or its agencies or instrumentalities.
       (e) Definitions.--In this section:
       (1) Hostage taking.--The term ``hostage taking'' has the 
     meaning given that term in Article 1 of the International 
     Convention Against the Taking of the Hostages and includes 
     any act that caused a person to be in ``hostage status'' 
     within the meaning of section 599C(d)(1) of Public Law 101-
     513.
       (2) Terrorist party.--The term ``terrorist party'' has the 
     meaning given that term in the Terrorism Risk Insurance Act 
     (section 201(d)(4) of Public Law 107-297) and includes any 
     person, organization, or foreign state that was designated as 
     such either at the time or as a result of the act of hostage-
     taking for which compensation is sought.
       (f) Funding.--Funds sufficient to pay persons to whom 
     compensation is due under this section shall be made 
     available from the Hostage Victims Fund, into which the 
     President shall direct deposits, in proportions the President 
     so allocates in the discretion of the President, from--
       (1) the ``blocked assets'' of terrorist parties, as that 
     term is defined in the Terrorism Risk Insurance Act (section 
     201(d)(2) of Public Law 107-297);
       (2) amounts received by the United States by reason of any 
     legal action taken by the United States against any person 
     relating to improper conduct in connection with the Oil for 
     Food Program of the United Nations, including any fines, 
     forfeitures, or disgorgements of amounts received through any 
     activity related to said Program; or
       (3) amounts received as a result of any fine or forfeiture 
     obtained from any person or entity in connection with a 
     violation of--
       (A) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.);
       (B) section 5(b) of the Trading With the Enemy Act (50 
     U.S.C. App 5(b));
       (C) the United and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56; 115 
     Stat. 272);
       (D) the Bank Secrecy Act (codified at title 12 U.S.C. 1829 
     (b) and 1951-1959 and 31 U.S.C. 5311-5313 and 5316-5332);
       (E) the Export Administration Act (50 U.S.C. App. 2401-
     2410); or
       (F) any regulations promulgated under an Act listed in 
     subparagraphs (A) through (E).
       (g) Additional Compensation for Victims of Iranian Hostage 
     Taking in Tehran.--In addition to any amounts that may be 
     awarded under subsection (c), the President or his designee 
     shall from monies deposited for Iran in the Iran Foreign 
     Military Sales Fund account within the Foreign Military Sales 
     Fund (including any amounts accrued as interest thereon)--
       (1) pay any person who qualifies for payment under 
     subsection (a)(3) who was taken hostage by the Islamic 
     Republic of Iran on November 4, 1979 or who was taken hostage 
     by Hezbollah on December 4, 1984 and flown to Tehran 
     additional compensation of $500,000, adjusted to reflect the 
     annual percentage change in the Consumer Price Index, from 
     the date on which the hostage taking occurred to the date on 
     which the compensation is paid; and
       (2) pay any person who was, at the time of such hostage-
     taking, the spouse or child of such person, 50 percent of the 
     total amount of compensation paid to the hostage.
                                 ______
                                 
  SA 456. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert ``The Secretary shall 
     include levees in the Department's list of critical 
     infrastructure sectors''.
                                 ______
                                 
  SA 457. Mr. LIEBERMAN (for himself and Ms. Collins) 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:

       On page 54, strike line 5 and all that follows through page 
     57, line 9, and insert the following:
       ``(a) Grants Authorized.--The Secretary, through the 
     Administrator, may award grants to State, local, and tribal 
     governments for the purposes of this title.
       ``(b) Programs Not Affected.--This title shall not be 
     construed to affect any authority to award grants under any 
     of the following Federal programs:
       ``(1) The firefighter assistance programs authorized under 
     section 33 and 34 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229 and 2229a).
       ``(2) The Urban Search and Rescue Grant Program authorized 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(3) Grants to protect critical infrastructure, including 
     port security grants authorized under section 70107 of title 
     46, United States Code, and the grants authorized in title 
     XIII and XIV of the Improving America's Security Act of 2007.
       ``(4) The Metropolitan Medical Response System authorized 
     under section 635 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 723).
       ``(5) Grant programs other than those administered by the 
     Department.
       ``(c) Relationship to Other Laws.--
       ``(1) In general.--The grant programs authorized under this 
     title shall supercede all

[[Page 5978]]

     grant programs authorized under section 1014 of the USA 
     PATRIOT Act (42 U.S.C. 3714).
       ``(2) Program integrity.--Each grant program under this 
     title, section 1809 of this Act, or section 662 of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     763) shall include, consistent with the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note), policies and 
     procedures for--
       ``(A) identifying activities funded under any such grant 
     program that are susceptible to significant improper 
     payments; and
       ``(B) reporting the incidence of improper payments to the 
     Department.
       ``(3) Allocation.--Except as provided under paragraph (2) 
     of this subsection, the allocation of grants authorized under 
     this title shall be governed by the terms of this title and 
     not by any other provision of law.
       ``(d) Minimum Performance Requirements.--
       ``(1) In general.--The Administrator shall--
       ``(A) establish minimum performance requirements for 
     entities that receive homeland security grants;
       ``(B) conduct, in coordination with State, regional, local, 
     and tribal governments receiving grants under this title, 
     section 1809 of this Act, or section 662 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 763), 
     simulations and exercises to test the minimum performance 
     requirements established under subparagraph (A) for--
       On page 66, between lines 19 and 20, insert the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $1,278,639,000; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.
       On page 77, strike line 3 and all that follows through page 
     80, line 7, and insert the following:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $913,180,500; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.

     ``SEC. 2005. TERRORISM PREVENTION.

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

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

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

     ``SEC. 2007. ADMINISTRATION AND COORDINATION.

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

     ``SEC. 2008. ACCOUNTABILITY.

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

     ``SEC. 2009. AUDITING.

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

     ``SEC. 2010. SENSE OF THE SENATE.

       ``It is the sense of the Senate that, in order to ensure 
     that the Nation is most effectively able to prevent, prepare 
     for, protect against, respond to, recovery from, and mitigate 
     against all hazards, including natural disasters, acts of 
     terrorism, and other man-made disasters--
       ``(1) the Department should administer a coherent and 
     coordinated system of both terrorism-focused and all-hazards 
     grants, the essential building blocks of which include--
       ``(A) the Urban Area Security Initiative and State Homeland 
     Security Grant Program established under this title 
     (including funds dedicated to law enforcement terrorism 
     prevention activities);
       ``(B) the Emergency Communications Operability and 
     Interoperable Communications Grants established under section 
     1809; and
       ``(C) the Emergency Management Performance Grants Program 
     authorized under section 662 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 763); and
       ``(2) to ensure a continuing and appropriate balance 
     between terrorism-focused and all-hazards preparedness, the 
     amounts appropriated for grants under the Urban Area Security 
     Initiative, State Homeland Security Grant Program, and 
     Emergency Management Performance Grants Program in any fiscal 
     year should be in direct proportion to the amounts authorized 
     for those programs for fiscal year 2008 under the amendments 
     made by titles II and IV, as applicable, of the Improving 
     America's Security Act of 2007.''.
       On page 106, strike lines 1 through 9, and insert the 
     following:
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
     is amended by striking the items relating to title XVIII and 
     sections 1801 through 1806, as added by the SAFE Port Act 
     (Public Law 109-347; 120 Stat. 1884), and inserting the 
     following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal 
              agencies.
``Sec. 1906. Contracting and grant making authorities.

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.
``Sec. 2002. Homeland Security Grant Program.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Terrorism prevention.
``Sec. 2006. Restrictions on use of funds.
``Sec. 2007. Administration and coordination.
``Sec. 2008. Accountability.
``Sec. 2009. Auditing.
``Sec. 2010. Sense of the Senate.''.

       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

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

       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

     SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Population.--The term `population' means population 
     according to the most recent United States census population 
     estimates available at the start of the relevant fiscal year.
       ``(2) State.--The term `State' has the meaning given that 
     term in section 101 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       ``(b) In General.--There is an Emergency Management 
     Performance Grants Program to make grants to States to assist 
     State, local, and tribal governments in preparing for, 
     responding to, recovering from, and mitigating against all 
     hazards.
       ``(c) Application.--
       ``(1) In general.--Each State may apply for a grant under 
     this section, and shall submit such information in support of 
     an application as the Administrator may reasonably require.
       ``(2) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis for 
     grants distributed under the program.
       ``(d) Allocation.--Funds available under the Emergency 
     Management Performance Grants Program shall be allocated as 
     follows:
       ``(1) Baseline amount.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each State shall receive an amount equal to 0.75 percent of 
     the total funds appropriated for grants under this section.
       ``(B) Territories.--American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the Virgin Islands each 
     shall receive an amount equal to 0.25 percent of the amounts 
     appropriated for grants under this section.
       ``(2) Per capita allocation.--The funds remaining for 
     grants under this section after allocation of the baseline 
     amounts under paragraph (1) shall be allocated to each State 
     in proportion to its population.
       ``(3) Consistency in allocation.--Notwithstanding 
     paragraphs (1) and (2), in any fiscal year in which the 
     appropriation for grants under this section is equal to or 
     greater than the appropriation for Emergency Management 
     Performance Grants in fiscal year 2007, no State shall 
     receive an amount under this section for that fiscal year 
     less than the amount that State received in fiscal year 2007.
       ``(e) Allowable Uses.--Grants awarded under this section 
     may be used to prepare for, respond to, recover from, and 
     mitigate against all hazards through--
       ``(1) any activity authorized under title VI or section 201 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5195 et seq. and 5131);
       ``(2) any activity permitted under the Fiscal Year 2007 
     Program Guidance of the Department for Emergency Management 
     Performance Grants; and
       ``(3) any other activity approved by the Administrator that 
     will improve the emergency management capacity of State, 
     local, or tribal governments to coordinate, integrate, and 
     enhance preparedness for, response to, recovery from, or 
     mitigation against all hazards.

[[Page 5979]]

       ``(f) Cost Sharing.--
       ``(1) In general.--Except as provided in subsection (i), 
     the Federal share of the costs of an activity carried out 
     with a grant under this section shall not exceed 50 percent.
       ``(2) In-kind matching.--Each recipient of a grant under 
     this section may meet the matching requirement under 
     paragraph (1) by making in-kind contributions of goods or 
     services that are directly linked with the purpose for which 
     the grant is made.
       ``(g) Distribution of Funds.--The Administrator shall not 
     delay distribution of grant funds to States under this 
     section solely because of delays in or timing of awards of 
     other grants administered by the Department.
       ``(h) Local and Tribal Governments.--
       ``(1) In general.--In allocating grant funds received under 
     this section, a State shall take into account the needs of 
     local and tribal governments.
       ``(2) Indian tribes.--States shall be responsible for 
     allocating grant funds received under this section to tribal 
     governments in order to help those tribal communities improve 
     their capabilities in preparing for, responding to, 
     recovering from, or mitigating against all hazards. Tribal 
     governments shall be eligible for funding directly from the 
     States, and shall not be required to seek funding from any 
     local government.
       ``(i) Emergency Operations Centers Improvement Program.--
       ``(1) In general.--The Administrator may award grants to 
     States under this section to plan for, equip, upgrade, or 
     construct all-hazards State, local, or regional emergency 
     operations centers.
       ``(2) Requirements.--No grant awards under this section 
     (including for the activities specified under this 
     subsection) shall be used for construction unless such 
     construction occurs under terms and conditions consistent 
     with the requirements under section 611(j)(9) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196(j)(9).
       ``(3) Cost sharing.--
       ``(A) In general.--The Federal share of the costs of an 
     activity carried out with a grant under this subsection shall 
     not exceed 75 percent.
       ``(B) In kind matching.--Each recipient of a grant for an 
     activity under this section may meet the matching requirement 
     under subparagraph (A) by making in-kind contributions of 
     goods or services that are directly linked with the purpose 
     for which the grant is made.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $913,180,500; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.''.

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