[House Report 110-136]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-136
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1684) TO AUTHORIZE
APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR FISCAL YEAR
2008, AND FOR OTHER PURPOSES
_______
May 8, 2007.--Referred to the House Calendar and ordered to be printed
_______
Ms. Matsui, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 382]
The Committee on Rules, having had under consideration
House Resolution 382, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1684 to
authorize appropriations for the Department of Homeland
Security for fiscal year 2008, and for other purposes. The
resolution provides for one hour of general debate equally
divided and controlled by the Chairman and Ranking Minority
Member of the Committee on Homeland Security.
The resolution waives all points of order against
consideration of the bill except for those arising under
clauses 9 or 10 of rule XXI. The resolution considers as an
original bill for the purpose of further amendment the
amendment in the nature of a substitute recommended by the
Committee on Homeland Security. The committee amendment shall
be considered as read. The resolution waives all points of
order against the committee amendment except for those arising
under clauses 9 or 10 of rule XXI.
The resolution makes in order those amendments printed in
this report and waives all points of order against such
amendments except for those arising under clauses 9 or 10 of
rule XXI. The resolution provides one motion to recommit with
or without instructions. Finally, the resolution permits the
Chair, during consideration of the bill in the House, to
postpone further consideration until a time designated by the
Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for those arising under clauses 9 or 10 of
rule XXI) includes a waiver of section 303 of the Budget Act
(regarding mistimed changes in revenue). The waivers of all
points of order against the committee amendment (except for
those arising under clauses 9 or 10 of Rule XXI) includes
waivers of section 303 of the Budget Act (regarding mistimed
changes in revenue); clause 7 of rule XVI (germaneness); clause
4 of rule XXI (appropriations on a bill not reported by
Appropriations); and clause 5(a) of rule XXI (tax or tariff
measure on a bill not reported by Ways and Means).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 165
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Dreier.
Summary of Motion: To grant an open rule.
Results: Defeated 4 to 6.
Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay;
Castor--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea;
Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 166
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Dreier.
Summary of Motion: To make in order en bloc and provide
appropriate waivers for (1) an amendment by Rep. Bilbray (CA),
#29, which would increase the number of full-time U.S.
Immigration and Customs Enforcement officers strictly reserved
for duties related to employment authorization verification;
and (2) an amendment by Rep. Hayes (NC), #19, which strikes
section 407 (requiring DHS to buy American textiles and
apparel, protective gear, badges and ID cards) and replaces it
with a requirement that DHS buy items specified in the
amendment only when those items are connected to national
security functions within the Department. The amendment also
includes language to ensure that these provisions comply with
WTO rules.
Results: Defeated 4 to 6.
Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay;
Castor--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea;
Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 167
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Diaz-Balart.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Mica (FL), #16, which
authorizes funds for the Secretary of Homeland Security to
issue rules to ensure that any partnership, company,
corporation, airport owner or operator, or public-private
partnership that meets the requirements of 49 U.S.C. Section
44920 (security screening opt-out program) is eligible to
participate as a private screening company.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 168
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Diaz-Balart.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Mica (FL), #26, which directs
the TSA to implement, not later than January 31, 2008, a
program for the use of biometric enabled identification travel
cards for Federal employees, U.S. military personnel, law
enforcement officers, Members of Congress, Federal judges, and
biometric enabled airport access and identification cards for
airport workers who enter the secured areas of an airport.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 169
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Diaz-Balart.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Shays (CT), #2, which would
require DHS to enter into a cooperative agreement with INTERPOL
to combat terrorism. The agreement shall include information
sharing on terrorism and counterterrorism; the use of lost,
stolen or fraudulent passports; and other crimes related to
combating terrorism. The DHS privacy officer shall certify that
the agreement safeguards the privacy of U.S. citizens.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 170
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Hastings (WA).
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Blackburn (TN), #31, which
requires the Department of Homeland Security to provide to the
National Crime Information Center of the Department of Justice
information on three categories of aliens: those with a final
order of removal, those who have signed a voluntary departure
agreement, and those who have overstayed their visa.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 171
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Hastings (WA).
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Davis, David (TN), #3, which
would allow Immigration and Customs Enforcement (ICE) to
reimburse State and local law enforcement agencies
participating in the voluntary INA ``287(g) program'' for the
costs of sending personnel to training, including backfill
costs. The 287(g) program allows States or localities and the
Secretary of Homeland Security to enter into an agreement under
which local or State officers may be trained in immigration law
and be qualified to perform the functions of an immigration
officer in relation to the investigation, apprehension, or
detention of aliens in the United States.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 172
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Sessions.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Blackburn (TN), #32, which
authorizes the Secretary of Homeland Security to utilize the
Employment Verification System to determine if the social
security account number of an individual is being used by more
than one individual. The amendment also would make all
employers who are found to have violated Section 274 of the
Immigration and Nationality Act of 1952 (regarding employment
of unauthorized aliens) pay a civil penalty at a standard
amount of $10,000 for each violation and any related violations
to this section.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 173
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Sessions.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Dent (PA), #4, which would
allow Customs and Border Protection to establish an automated
system to assist in the screening of persons seeking to enter
or depart the United States. It also creates an administrative
process for individuals to correct information in the system,
but does not create a private right of action.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay: Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 174
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. Sessions.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. Poe (TX), #44, which strikes
the underlying Sec. 907 (the GAO report on Border Patrol) and
inserts enhanced authority of Customs and Border Protection
(CBP) law enforcement agents and officers to pursue and fire at
vehicles ordered to stop. Provides indemnity to carry out these
functions.
Results: Defeated 4 to 8.
Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay;
Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea;
Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 175
Date: May 8, 2007.
Measure: H.R. 1684.
Motion by: Mr. McGovern.
Summary of Motion: To report the rule.
Results: Adopted 8 to 4.
Vote by Members: McGovern--Yea; Matsui--Yea; Cardoza--Yea;
Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--Yea; Dreier--Nay;
Diaz-Balart--Nay; Hastings (WA)--Nay; Sessions--Nay;
Slaughter--Yea.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Thompson, Bennie (MS): Manager's Amendment. The
amendment adds reporting requirements, revises annuitant
provisions, and requires a GAO report on law enforcement
retirement systems. The amendment also adds a provision related
to travel efficiency. The amendment also strikes some
provisions of the bill. (10 minutes)
2. Davis, Tom (VA): This amendment removes section 407 of
the bill, which requires that identification cards, uniforms,
protective gear, and badges of Homeland Security personnel be
manufactured in the United States. (10 minutes)
3. Langevin (RI): The amendment directs the Federal
Emergency Management Agency and the Disability Coordinator at
the Department of Homeland Security to enter a cooperative
agreement with the National Organization on Disability (NOD) to
carry out NOD's Emergency Preparedness Initiative. (10 minutes)
4. Andrews (NJ): The amendment provides up to 14 days per
calendar year of job protection for volunteer emergency service
personnel who respond to a Presidentially-declared disaster in
an official capacity. Any individual discriminated against in
violation of the provision may seek redress in court. (10
minutes)
5. Brown, Corinne (FL): The amendment would direct the
Secretary of Homeland Security, in awarding grants under the
Urban Area Security Initiative, to consider the number of
tourists that have visited an urban area in the two years
preceding the year the Secretary awards the grant. (10 minutes)
6. Castle (DE): The amendment requires the Secretary of
Homeland Security to study foreign rail security practices that
are not currently used in the U.S. and submit a report on
recommendations for implementing such practices within one year
of enactment. (10 minutes)
7. Hastings (FL): Establishes a FEMA long-term recovery
office in Florida. Three years following enactment, FEMA is
required to report to the House Committee on Transportation and
Infrastructure to evaluate effectiveness of the recovery
office. (10 minutes)
8. Flake (AZ): The amendment would strike Section 1102,
Critical infrastructure study. (10 minutes)
9. Stupak (MI): The amendment requires the Secretary of
Homeland Security to issue a report to Congress outlining the
resources currently devoted to Integrated Border Enforcement
Teams (IBETs) and making recommendations on how to improve the
effectiveness of the IBET program. (10 minutes)
10. Hastings. (WA)/Reichert (WA)/Dicks (WA):
Requires the Department of Homeland Security's strategic
plan to include a plan for fulfilling existing National
Laboratory infrastructure commitments to maintain current
capabilities and mission needs. (10 minutes)
11. Kucinich (OH): The amendment will authorize FEMA to
conduct a comprehensive study of the increase in demand for
FEMA's emergency response and disaster relief services as a
result of weather related disasters associated with global
warming during the next 5, 10, and 20 years. The assessment
will include an analysis of the budgetary and manpower
implications of meeting such increased demand for FEMA
services. (10 minutes)
12. Rothman (NJ): This amendment clarifies the intent of
Congress that the Department of Homeland Security may not pre-
empt any state's more stringent chemical security regulation,
standard, or requirement. (10 minutes)
13. Rothman (NJ): The amendment requires the Secretary of
DHS to report to Congress on how to coordinate and protect the
infrastructure in the area between Port Elizabeth and Newark
International Airport in New Jersey. (10 minutes)
14. Sherman (CA): This amendment would require that the
Section 605 Risk Analysis Process and the Chemical, Biological,
Radiological and Nuclear (CBRN) Risk Assessment include
analyses of government efforts to inform the public of the
appropriate ways to prepare for, and respond to, a CBRN
incident, including civil defense efforts. (10 minutes)
15. Terry (NE): The amendment requires the U.S. Department
of Homeland Security to consult with states prior to sharing
information on forthcoming grant awards, including when sharing
information with the U.S. Congress. (10 minutes)
16. Mica (FL): Amends section 1102(a) (critical
infrastructure study) to require that the Secretary of
Transportation, in addition to the Secretary of Homeland
Security as is in the original bill, work with the Center for
Risk and Economic Analysis of Terrorism Events to evaluate the
feasibility and practicality of creating further incentives for
private sector stakeholders to share protected critical
information with the Department of Transportation in addition
to the Department of Homeland Security, as is in the original
bill. (10 minutes)
17. Cardoza (CA): The amendment expresses the Sense of the
Congress that efforts to achieve local, regional and national
interoperable emergency communications in the near term should
be supported and are critical in assisting communities with
their local and regional efforts to properly coordinate and
execute their interoperability plans. (10 minutes)
18. Van Hollen (MD): Requires DHS to use such funds
necessary to take all necessary actions to protect the security
of personal information submitted electronically to the DHS
website for the Travelers Redress Inquiry Program and other
websites for the Department related to the program. (10
minutes)
19. Castor (FL): Directs the Secretary of Homeland Security
to work with the State of Florida and other States, as
appropriate, to resolve the differences between the
Transportation Worker Identification Credential and existing
access control credentials. (10 minutes)
20. Lampson (TX): This amendment will allow an Inspector
General of the Department of Homeland Security to authorize his
or her staff to provide assistance on and conduct reviews of
the inactive case files, or ``cold cases'' involving children
or offenders outside the US, stored at the National Center for
Missing & Exploited Children (NCMEC) and to develop
recommendations for further investigations. (10 minutes)
21. Royce (CA): The amendment would require the Secretary
of Homeland Security to implement at primary inspection points
at U.S. ports of entry the Stolen and Lost Travel Document
database managed by Interpol. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Thompson of
Mississippi, or His Designee, Debatable for 10 Minutes.
In the proposed section 401(b)(3)(B), as proposed to be added
by section 201 of the bill, insert before the period at the end
the following: ``, excluding each agency that is a distinct
entity within the Department''.
In the proposed section 401(b)(3)(E), as proposed to be added
by section 201 of the bill, insert before the period at the end
the following: ``, consistent with this section''.
Strike subsection (b) of the proposed section 707, as
proposed to be added by section 202 of the bill, and insert the
following:
``(b) Coordination.--The Secretary shall direct the Chief
Operating Officer of each component agency to coordinate with
that Officer's respective Chief Operating Officer of the
Department to ensure that the component agency adheres to
Government-wide laws, rules, regulations, and policies to which
the Department is subject and which the Chief Operating Officer
is responsible for implementing.''.
In the proposed section 707(c), strike ``reporting to'' and
insert ``coordinating with''.
In the proposed section 402(d), as proposed to be added by
section 203 of the bill, insert after ``submit to the Committee
on Homeland Security'' the following: ``and the Committee on
Transportation and Infrastructure''.
Strike the proposed subsection (d), as proposed to be added
by section 208 of the bill, and insert the following:
``(d) Authority of Assistant Secretary for Legislative
Affairs Over Departmental Counterparts.--The Secretary for the
Department shall ensure that the Assistant Secretary for
Legislative Affairs has adequate authority or the Assistant
Secretary's respective counterparts in component agencies of
the Department to ensure that such component agencies adhere to
the laws, rules, and regulations to which the Department is
subject and the departmental policies that the Assistant
Secretary for Legislative Affairs is responsible for
implementing.''.
In section 301(c), after ``submit to the Committee on
Homeland Security'' the following: ``and the Committee on
Oversight and Government Reform''.
In the proposed subsection (d)(1), as proposed to be added by
section 302 of the bill, strike ``and the Committee on Homeland
Security and Governmental Affairs of the Senate'' and insert
``, the Committee on Homeland Security and Governmental Affairs
of the Senate, and other appropriate congressional
committees''.
In the proposed subsection (d)(2), as proposed to be added by
section 302 of the bill, strike ``and the Committee on Homeland
Security and Governmental Affairs of the Senate'' and insert
``, the Committee on Homeland Security and Governmental Affairs
of the Senate, and other appropriate congressional
committees''.
In the proposed section 104(a), as proposed to be added by
section 304 of the bill, insert after ``congressional homeland
security committees'' the following: ``and other appropriate
congressional committees''.
Strike section 305 and conform the table of contents
accordingly.
In section 402, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through the
Chief Procurement Officer) may, for the purpose of supporting
the Department's acquisition capabilities and enhancing
contract management throughout the Department, appoint
annuitants to positions in procurement offices in accordance
with succeeding provisions of this section, except that no
authority under this subsection shall be available unless the
Secretary provides to Congress a certification that--
(1) the Secretary has submitted a request under
section 8344(i) or 8468(f) of title 5, United States
Code, on or after the date of the enactment of this
Act, with respect to positions in procurement offices;
(2) the request described in paragraph (1) was
properly filed; and
(3) the Office of Personnel Management has not
responded to the request described in paragraph (1), by
either approving, denying, or seeking more information
regarding such request, within 90 days after the date
on which such request was filed.
In section 402, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under
subsection (b) shall cease to be available; and
(2) all exemptions under subsection (c) shall cease
to be effective.
In the proposed section 837(b), as proposed to be added by
section 403 of the bill, after ``require the contractor to
submit'' insert the following: ``past performance''.
In section 406, strike subsection (c) and redesignate
subsection (d) as subsection (c).
In the proposed section 839(b), as proposed to be added by
section 407 of the bill, strike paragraph (4).
In the proposed section 839(d), strike ``the micro-purchase
threshold (as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428))'' and insert ``the
simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403))''.
In the proposed section 839, as proposed to be added by
section 407 of the bill, strike subsection (f).
In section 408(c), strike ``the Department of Homeland
Security shall consider'' and insert ``The Secretary of
Homeland Security shall consider, among the other factors the
Secretary deems relevant,''.
Strike section 409, redesignate section 410 as section 409,
and conform the table of contents accordingly.
In section 409, as so redesignated, strike ``The Secretary''
and insert ``Consistent with any applicable law, the
Secretary''.
In section 501, redesignate subsections (g) and (h) as
subsections (h) and (i), respectively, and insert after
subsection (f), the following new subsection (g):
(g) Comptroller General Report.--The Comptroller General
shall conduct a comprehensive review of the retirement system
for law enforcement officers employed by the Federal
Government. The review shall include all employees categorized
as law enforcement officers for purposes of retirement and any
other Federal employee performing law enforcement officer
duties not so categorized. In carrying out the review, the
Comptroller General shall review legislative proposals
introduced over the 10 years preceding the date of the
enactment of this Act that are relevant to the issue law
enforcement retirement and consult with law enforcement
agencies and law enforcement employee representatives. Not
later than August 1, 2007, the Comptroller General shall submit
to Congress a report on the findings of such review. The report
shall include each of the following:
(1) An assessment of the reasons and goals for the
establishment of the separate retirement system for law
enforcement officers, as defined in section 8331 of
title 5, United States Code, including the need for
young and vigorous law enforcement officers, and
whether such reasons and goals are currently
appropriate.
(2) An assessment of the more recent reasons given
for including additional groups of employees in such
system, including recruitment and retention, and
whether such reasons and goals are currently
appropriate.
(3) A determination as to whether the system is
achieving the goals in (1) and (2).
(4) A summary of potential alternatives to the
system, including increased use of bonuses, increased
pay, and raising the mandatory retirement age, and a
recommendation as to which alternatives would best meet
each goal defined in (1) and (2), including legislative
recommendations if necessary.
(5) A recommendation for the definition of law
enforcement officer.
(6) An detailed review of the current system
including its mandatory retirement age and benefit
accrual.
(7) A recommendation as to whether the law
enforcement officer category should be made at the
employee, function and duty, job classification, agency
or other level, and by whom.
(8) Any other relevant information.
In section 502(a) by inserting after ``transmit to the
Committee on Homeland Security'' the following: ``and the
Committee on Oversight and Government Reform''.
In section 504, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through the
Commissioner of the United States Customs and Border
Protection) may, for the purpose of accelerating the ability of
the CBP to secure the borders of the United States, appoint
annuitants to positions in the CBP in accordance with
succeeding provisions of this section, except that no authority
under this subsection shall be available unless the Secretary
provides to Congress a certification that--
(1) the Secretary has submitted a request under
section 8344(i) or 8468(f) of title 5, United States
Code, on or after the date of the enactment of this
Act, with respect to positions in the CBP;
(2) the request described in paragraph (1) was
properly filed; and
(3) the Office of Personnel Management has not
responded to the request described in paragraph (1), by
either approving, denying, or seeking more information
regarding such request, within 90 days after the date
on which such request was filed.
In section 504, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under
subsection (b) shall cease to be available; and
(2) all exemptions under subsection (c) shall cease
to be effective.
In section 505(a), insert after ``statutes'' the following:
`` and Office of Personnel Management Regulations and
Guidelines''.
Strike section 507, redesignate sections 508 through 513 as
sections 507 through 512, respectively, and conform the table
of contents accordingly.
In the proposed section 708, as proposed to be added by
section 508 of the bill, as so redesignated, strike subsection
(b)(1) and insert the following:
``(1) have responsibility for overall Department-wide
security activities, including issuing and confiscating
credentials, controlling access to and disposing of
classified and sensitive but unclassified materials,
controlling access to sensitive areas and Secured
Compartmentalized Intelligence Facilities, and
communicating with other government agencies on the
status of security clearances and security clearance
applications;''.
Strike section 606 and conform the table of contents
accordingly.
In the proposed section 226(c)(1)(A), as proposed to be added
by section 701 of the bill, strike ``to monitor critical
information infrastructure'' and insert ``for ongoing
activities to identify threats to critical information
infrastructure''.
In section 702(c)(2), insert after ``Standards and
Technology,'' the following: ``the Department of Commerce,''.
Insert after section 702 the following (and conform the table
of contents accordingly):
SEC. 703. COLLABORATION.
In carrying out this title, the Assistant Secretary of
Homeland Security for Cybersecurity and Communications shall
collaborate with any Federal entity that, under law, has
authority over the activities set forth in this title.
In section 804(b)(1), strike ``maximum''.
In the proposed section 319(e), as proposed to be added by
section 805 of the bill, after ``the project may'' insert the
following: ``, subject to the availability of appropriations
for such purpose,''.
Insert at the end of title VIII the following (and conform
the table of contents accordingly):
SEC. 806. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.
(a) Authority.--The Under Secretary for Science and
Technology or his designee may make available to any person or
entity, for an appropriate fee, the services of any Department
of Homeland Security owned and operated center, or other
testing facility for the testing of materials, equipment,
models, computer software, and other items designed to advance
the homeland security mission.
(b) Interference With Federal Programs.--The Under Secretary
for Science and Technology shall ensure that the testing of
materiel and other items not owned by the Government shall not
cause government personnel or other government resources to be
diverted from scheduled tests of Government materiel or
otherwise interfere with Government mission requirements.
(c) Confidentiality of Test Results.--The results of tests
performed with services made available under subsection (a) and
any associated data provided by the person or entity for the
conduct of such tests are trade secrets or commercial or
financial information that is privileged or confidential within
the meaning of section 552b(4) of title 5, United States Code,
and may not be disclosed outside the Federal Government without
the consent of the person or entity for whom the tests are
performed.
(d) Fees.--The fees for exercising the authorities under
subsection (a) may not exceed the amount necessary to recoup
the direct and indirect costs involved, such as direct costs of
utilities, contractor support, and salaries of personnel that
are incurred by the United States to provide for the testing.
(e) Use of Fees.--The fees for exercising the authorities
under subsection (a) shall be credited to the appropriations or
other funds of the Directorate of Science and Technology.
(f) Operational Plan.--Not later than 90 days after the date
of the enactment of this Act, the Under Secretary for Science
and Technology shall submit to Congress a report detailing a
plan for operating a program that would allow any person or
entity, for an appropriate feel, to use any center or testing
facility owned and operated by the Department of Homeland
Security for testing of materials, equipment, models, computer
software, and other items designed to advance the homeland
security mission. The plan shall include--
(1) a list of the facilities and equipment that could
be made available to such persons or entities;
(2) a five-year budget plan, including the costs for
facility construction, staff training, contract and
legal fees, equipment maintenance and operation, and
any incidental costs associated with the program;
(3) A five-year estimate of the number of users and
fees to be collected;
(4) a list of criteria for selecting private-sector
users from a pool of applicants, including any special
requirements for foreign applicants; and
(5) an assessment of the effect the program would
have on the ability of a center or testing facility to
meet its obligations under other Federal programs.
(g) Report to Congress.--The Under Secretary for Science and
Technology shall submit to Congress an annual report containing
a list of the centers and testing facilities that have
collected fees under this section, the amount of fees
collected, a brief description of each partnership formed under
this section, and the purpose for which the testing was
conducted.
(h) GAO.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress an assessment of the implementation of this section.
Strike section 904 and insert the following (and conform the
table of contents accordingly):
SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT AND EXCHANGE VISITOR
PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
appropriate congressional committees a report to update the
Government Accountability Office report of June 18, 2004, GAO-
04-690, on the Student and Exchange Visitor Program (referred
to in this section as ``SEVP'') and specifically the Student
and Exchange Visitor Information System (referred to in this
section as ``SEVIS''). The report shall include the following
information:
(1) The rate of compliance with the current SEVIS
requirements by program sponsors and educational
institutions, including non-academic institutions
authorized to admit students under SEVIS.
(2) Whether there are differences in compliance rates
among different types and sizes of institutions
participating in SEVIS.
(3) Whether SEVIS adequately ensures that each
covered foreign student or exchange visitor in
nonimmigrant status is, in fact, actively participating
in the program for which admission to the United States
was granted.
(4) Whether SEVIS includes data fields to ensure that
each covered foreign student or exchange visitor in
nonimmigrant status is meeting minimum academic or
program standards and that major courses of study are
recorded, especially those that may be of national
security concern.
(5) Whether the Secretary of Homeland Security
provides adequate access, training, and technical
support to authorized users from the sponsoring
programs and educational institutions in which covered
foreign students and exchange visitors in a
nonimmigrant status are enrolled.
(6) Whether each sponsoring program or educational
institution participating in SEVP has designated enough
authorized users to comply with SEVIS requirements.
(7) Whether authorized users at program sponsors or
educational institutions are adequately vetted and
trained.
(8) Whether the fees collected are adequate to
support SEVIS.
(9) Whether there any new authorities, capabilities,
or resources needed for SEVP and SEVIS to fully
perform.
Strike section 906, redesignate section 907 as section 906,
and conform the table of contents accordingly.
In section 1003, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through the
Assistant Secretary for Information Analysis) may, for the
purpose of accelerating the ability of the IA to perform its
statutory duties under the Homeland Security Act of 2002,
appoint annuitants to positions in the IA in accordance with
succeeding provisions of this section, except that no authority
under this subsection shall be available unless the Secretary
provides to Congress a certification that--
(1) the Secretary has submitted a request under
section 8344(i) or 8468(f) of title 5, United States
Code, on or after the date of the enactment of this
Act, with respect to positions in the IA;
(2) the request described in paragraph (1) was
properly filed; and
(3) the Office of Personnel Management has not
responded to the request described in paragraph (1), by
either approving, denying, or seeking more information
regarding such request, within 90 days after the date
on which such request was filed.
In section 1003, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under
subsection (b) shall cease to be available; and
(2) all exemptions under subsection (c) shall cease
to be effective.
Strike section 1101, redesignate sections 1102 through 1108
as sections 1101 through 1107, respectively, and conform the
table of contents accordingly.
Strike sections 1109, 1110, 1111, redesignate sections 1112
through 1119 as sections 1108 through 1115, respectively, and
amend the table of contents accordingly.
Strike section 1120, redesignate section 1121 as section
1116, and amend the table of contents accordingly.
Strike section 1102, as so redesignated, and insert the
following:
SEC. 1102. CRITICAL INFRASTRUCTURE STUDY.
The Secretary of Homeland Security shall work with the Center
for Risk and Economic Analysis of Terrorism Events (CREATE),
led by the University of Southern California, to evaluate the
feasibility and practicality of creating further incentives for
private sector stakeholders to share protected critical
infrastructure information with the Department for homeland
security and other purposes.
In section 1103, as so redesignated, strike ``and immigration
status databases''.
In the heading for section 1103, as so redesignated, strike
``AND IMMIGRATION REVIEW''.
In the proposed section 890A(a), as proposed to be added by
section 1106 of the bill, as so redesignated, insert after
paragraph (2) the following:
``(3) Excluded programs.--This section shall not
apply to or otherwise affect any grant issued under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.).''.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1117. COMPTROLLER GENERAL REPORT ON CRITICAL INFRASTRUCTURE.
(a) Requirement.--The Comptroller General of the United
States shall conduct a study to--
(1) determine the extent to which architecture,
engineering, surveying, and mapping activities related
to the critical infrastructure of the United States are
being sent to offshore locations;
(2) assess whether any vulnerabilities or threats
exist with respect to terrorism; and
(3) recommend policies, regulations, or legislation,
as appropriate, that may be necessary to protect the
national and homeland security interests of the United
States.
(b) Consultation.--In carrying out the study authorized by
this section, the Comptroller General shall consult with--
(1) such other agencies of the Government of the
United States as are appropriate; and
(2) national organizations representing the
architecture, engineering, surveying, and mapping
professions.
(c) Report.--The Comptroller General shall submit to the
Committees on Transportation and Infrastructure, Energy and
Commerce, and Homeland Security of the House of
Representatives, and to the Senate, by not later than 6 months
after the date of the enactment of this Act a report on the
findings, conclusions, and recommendations of the study under
this section.
(d) Definitions.--As used in this section--
(1) each of the terms ``architectural'',
``engineering'', ``surveying'', and ``mapping''--
(A) subject to subparagraph (B), has the same
meaning such term has under section 1102 of
title 40, United States Code; and
(B) includes services performed by
professionals such as surveyors,
photogrammetrists, hydrographers, geodesists,
or cartographers in the collection, storage,
retrieval, or dissemination of graphical or
digital data to depict natural or man-made
physical features, phenomena, or boundaries of
the earth and any information related to such
data, including any such data that comprises
the processing of a survey, map, chart,
geographic information system, remotely sensed
image or data, or aerial photograph; and
(2) the term ``critical infrastructure''--
(A) means systems and assets, whether
physical or virtual, so vital to the United
States that the incapacity or destruction of
such systems and assets would have a
debilitating impact on security, national
economic security, national public health or
safety, or any combination of those matters;
and
(B) includes the basic facilities,
structures, and installations needed for the
functioning of a community or society,
including transportation and communications
systems, water and power lines, power plants,
and the built environment of private and public
institutions of the United States.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1118. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER PROGRAMS.
(a) Merging Requirements of Nexus and Fast.--
(1) In general.--The Secretary of Homeland Security
shall merge the procedures for the programs described
in subsection (j) into a single procedure, with common
eligibility and security screening requirements,
enrollment processes, and sanctions regimes.
(2) Specific requirements.--In carrying out paragraph
(1), the Secretary shall ensure that the procedures for
the programs known as ``NEXUS Highway'', ``NEXUS
Marine'', and ``NEXUS Air'' are integrated into such a
single procedure.
(b) Integrating Nexus and Fast Information Systems.--The
Secretary of Homeland Security shall integrate all databases
and information systems for the programs described in
subsection (j) in a manner that will permit any identification
card issued to a participant to operate in all locations where
a program described in such subsection is operating.
(c) Creation of Nexus Convertible Lanes.--In order to expand
the NEXUS program described in subsection (j)(2) to major
northern border crossings, the Secretary of Homeland Security,
in consultation with appropriate representatives of the
Government of Canada, shall equip not fewer than six new
northern border crossings with NEXUS technology.
(d) Creation of Remote Enrollment Centers.--The Secretary of
Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two remote enrollment centers for the programs
described in subsection (j). Such a remote enrollment center
shall be established at each of the border crossings described
in subsection (c).
(e) Creation of Mobile Enrollment Centers.--The Secretary of
Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two mobile enrollment centers for the programs
described in subsection (j). Such mobile enrollment centers
shall be used to accept and process applications in areas
currently underserved by such programs. The Secretary shall
work with State and local authorities in determining the
locations of such mobile enrollment centers.
(f) On-Line Application Process.--The Secretary of Homeland
Security shall design an on-line application process for the
programs described in subsection (j). Such process shall permit
individuals to securely submit their applications on-line and
schedule a security interview at the nearest enrollment center.
(g) Promoting Enrollment.--
(1) Creating incentives for enrollment.--In order to
encourage applications for the programs described in
subsection (j), the Secretary of Homeland Security
shall develop a plan to admit participants in an amount
that is as inexpensive as possible per card issued for
each of such programs.
(2) Customer service phone number.--In order to
provide potential applicants with timely information
for the programs described in subsection (j), the
Secretary of Homeland Security shall create a customer
service telephone number for such programs.
(3) Publicity campaign.--The Secretary shall carry
out a program to educate the public regarding the
benefits of the programs described in subsection (j).
(h) Travel Document for Travel Into United States.--For
purposes of the plan required under section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, an
identification card issued to a participant in a program
described in subsection (j) shall be considered a document
sufficient on its own when produced to denote identity and
citizenship for travel into the United States by United States
citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)).
(i) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees (as defined
in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) a report on the implementation of subsections (a) through
(g).
(j) Programs.--The programs described in this subsection are
the following:
(1) The FAST program authorized under subpart B of
title IV of the Tariff Act of 1930 (19 U.S.C. 1411 et
seq.).
(2) The NEXUS program authorized under section 286(q)
of the Immigration and Nationality Act (U.S.C.
1356(q)).
SEC. 1119. TRAVEL DOCUMENTS.
(a) Travel to Canada and Mexico.--Section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 is
amended by adding at the end the following new paragraphs:
``(3) Pass card infrastructure.--The Secretary of
Homeland Security shall conduct not less than one trial
on the usability, reliability, and effectiveness of the
technology that the Secretary determines appropriate to
implement the documentary requirements of this
subsection. The Secretary may not issue a final rule
implementing the requirements of this subsection until
such time as the Secretary has submitted to the
appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report on the results and outcome of
such trial or trials. The report shall include data and
evidence that demonstrates that the technology utilized
in such trial or trials is operationally superior to
other alternative technology infrastructures.
``(4) Flexible implementation period.--In order to
provide flexibility upon implementation of the plan
developed under paragraph (1), the Secretary of
Homeland Security shall establish a special procedure
to permit an individual who does not possess a passport
or other document, or combination of documents, as
required under paragraph (1), but who the Secretary
determines to be a citizen of the United States, to re-
enter the United States at an international land or
maritime border of the United States. The special
procedure referred to in this paragraph shall terminate
on the date that is 180 days after the date of the
implementation of the plan described in paragraph
(1)(A).
``(5) Special rule for certain minors.--Except as
provided in paragraph (6), citizens of the United
States or Canada who are less than 16 years of age
shall not be required to present to an immigration
officer a passport or other document, or combination of
documents, as required under paragraph (1), when
returning or traveling to the United States from
Canada, Mexico, Bermuda, or the Carribean at any port
of entry along the international land or maritime
border of the United States.
``(6) Special rule for certain student minors
traveling as part of an authorized and supervised
school trip.--Notwithstanding the special rule
described in paragraph (5), the Secretary of Homeland
Security is authorized to consider expanding the
special rule for certain minors described in such
paragraph to a citizen of the United States or Canada
who is less than 19 years of age but is 16 years of age
or older and who is traveling between the United States
and Canada at any port of entry along the international
or maritime border between the two countries if such
citizen is so traveling as a student as part of an
authorized and supervised school trip.
``(7) Public outreach.--To promote travel and trade
across the United States border, the Secretary of
Homeland Security shall develop a public communications
plan to promote to United States citizens,
representatives of the travel and trade industries, and
local government officials information relating to the
implementation of this subsection. The Secretary of
Homeland Security shall coordinate with representatives
of the travel and trade industries in the development
of such public communications plan.
``(8) Cost-benefit analysis.--The Secretary of
Homeland Security shall prepare an extensive regulatory
impact analysis that is fully compliant with Executive
Order 12866 and Office of Management and Budget
Circular A-4 for an economically significant regulatory
action before publishing a rule with respect to the
implementation of the requirements of this
subsection.''.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act and every 120 days thereafter, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the
implementation of paragraphs (3) through (8) of section 7209(b)
of the Intelligence Reform and Terrorism Prevention Act of
2004.
Strike title XII and conform the table of contents
accordingly.
----------
2. An Amendment To Be Offered by Representative Davis of Virginia, or
His Designee, Debatable for 10 Minutes
Strike section 407.
----------
3. An Amendment To Be Offered by Representative Langevin of Rhode
Island, or His Designee, Debatable for 10 Minutes
At the end of title XI add the following:
SEC. __. COOPERATIVE AGREEMENT WITH NATIONAL ORGANIZATION ON DISABILITY
TO CARRY OUT EMERGENCY PREPAREDNESS INITIATIVE.
The Administrator of the Federal Emergency Management Agency,
in coordination with the Disability Coordinator of the
Department of Homeland Security and the Office for Civil Rights
and Civil Liberties of the Department, shall use amounts
authorized under section 101 to enter into a cooperative
agreement with the National Organization on Disability to carry
out the Emergency Preparedness Initiative of such organization.
----------
1. An Amendment To Be Offered by Representative Andrews of New Jersey,
or His Designee, Debatable for 10 Minutes
Insert after section 513 the following new section:
SEC. 514. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL PERSONNEL PROHIBITED.
(a) Termination Prohibited.--
(1) In general.--No employee may be terminated,
demoted, or in any other manner discriminated against
in the terms and conditions of employment because such
employee is absent from or late to the employee's
employment for the purpose of serving as a volunteer
firefighter or providing volunteer emergency medical
services as part of a response to an emergency or major
disaster.
(2) Deployment.--The prohibition in paragraph (1)
shall apply to an employee serving as a volunteer
firefighter or providing volunteer emergency medical
services if such employee--
(A) is specifically deployed to respond to
the emergency or major disaster in accordance
with a coordinated national deployment system
such as the Emergency Management Assistance
Compact or a pre-existing mutual aid agreement;
or
(B) is a volunteer firefighter who--
(i) is a member of a qualified
volunteer fire department that is
located in the State in which the
emergency or major disaster occurred;
(ii) is not a member of a qualified
fire department that has a mutual aid
agreement with a community affected by
such emergency or major disaster; and
(iii) has been deployed by the
emergency management agency of such
State to respond to such emergency or
major disaster.
(3) Limitations.--The prohibition in paragraph (1)
shall not apply to an employee who--
(A) is absent from the employee's employment
for the purpose described in paragraph (1) for
more than 14 days per calendar year;
(B) responds to the emergency or major
disaster without being officially deployed as
described in paragraph (2); or
(C) fails to provide the written verification
described in paragraph (5) within a reasonable
period of time.
(4) Withholding of pay.--An employer may reduce an
employee's regular pay for any time that the employee
is absent from the employee's employment for the
purpose described in paragraph (1).
(5) Verification.--An employer may require an
employee to provide a written verification from the
official of the Federal Emergency Management Agency
supervising the Federal response to the emergency or
major disaster or a local or State official managing
the local or State response to the emergency or major
disaster that states--
(A) the employee responded to the emergency
or major disaster in an official capacity; and
(B) the schedule and dates of the employee's
participation in such response.
(6) Reasonable notice required.--An employee who may
be absent from or late to the employee's employment for
the purpose described in paragraph (1) shall--
(A) make a reasonable effort to notify the
employee's employer of such absence; and
(B) continue to provide reasonable
notifications over the course of such absence.
(b) Right of Action.--
(1) Right of action.--An individual who has been
terminated, demoted, or in any other manner
discriminated against in the terms and conditions of
employment in violation of the prohibition described in
subsection (a) may bring, in a district court of the
United States of appropriate jurisdiction, a civil
action against individual's employer seeking--
(A) reinstatement of the individual's former
employment;
(B) payment of back wages;
(C) reinstatement of benefits; and
(D) if the employment granted seniority
rights, reinstatement of seniority rights.
(2) Limitation.--The individual shall commence a
civil action under this section not later than 1 year
after the date of the violation of the prohibition
described in subsection (a).
(c) Study and Report.--
(1) Study.--The Secretary of Labor shall conduct a
study on the impact that the requirements of this
section could have on the employers of volunteer
firefighters or individuals who provide volunteer
emergency medical services and who may be called on to
respond to an emergency or major disaster.
(2) Report.--Not later than 12 months after the date
of the enactment of this Act, the Secretary of Labor
shall submit a report of the study conducted under
paragraph (1) to the Committee on Health, Education,
Labor, and Pensions and the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Education and the Workforce and the Committee on Small
Business of the House of Representatives.
(d) Definitions.--In this section--
(1) the term ``emergency'' has the meaning given such
term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122);
(2) the term ``major disaster'' has the meanings
given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122);
(3) the term ``qualified volunteer fire department''
has the meaning given such term in section 150(e) of
the Internal Revenue Code of 1986;
(4) the term ``volunteer emergency medical services''
means emergency medical services performed on a
voluntary basis for a fire department or other
emergency organization; and
(5) the term ``volunteer firefighter'' means an
individual who is a member in good standing of a
qualified volunteer fire department.
Amend the table of contents by adding, after the item
relating to section 513, the following new item:
Sec. 514. Termination of employment of volunteer firefighters and
emergency medical personnel prohibited.
____________________________________________________
5. An Amendment To Be Offered by Representative Brown, Corrine of
Florida, or Her Designee, Debatable for 10 Minutes
Insert at the end of title XI the following:
SEC. 1122. CONSIDERATION OF TOURISM IN AWARDING URBAN AREA SECURITY
INITIATIVE GRANTS.
In awarding grants under the Urban Area Security Initiative,
the Secretary of Homeland Security shall take into
consideration the number of tourists that have visited an urban
area in the two years preceding the year during which the
Secretary awards the grant.
----------
6. An Amendment To Be Offered by Representative Castle of Delaware, or
His Designee, Debatable for 10 Minutes
At the end of title XI, insert the following:
SEC. __. STUDY OF FOREIGN RAIL SECURITY PRACTICES.
The Secretary shall--
(1) study select foreign rail security practices, and
the cost and feasibility of implementing selected best
practices that are not currently used in the United
States, including--
(A) implementing covert testing processes to
evaluate the effectiveness of rail system
security personnel;
(B) implementing practices used by foreign
rail operators that integrate security into
infrastructure design;
(C) implementing random searches or screening
of passengers and their baggage; and
(D) establishing and maintaining an
information clearinghouse on existing and
emergency security technologies and security
best practices used in the passenger rail
industry both in the United States and abroad;
and
(2) report the results of the study, together with
any recommendations that the Secretary may have for
implementing covert testing, practices for integrating
security in infrastructure design, random searches or
screenings, and an information clearinghouse to the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Homeland Security of
the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure
of the House of Representatives not later than 1 year
after the date of enactment of this Act.
----------
7. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 10 Minutes
At the end of title XI, insert the following:
SEC. 2211. FEMA RECOVERY OFFICE IN FLORIDA.
(a) Establishment.--To provide eligible Federal assistance to
individuals and State, local, and tribal governments affected
by Hurricanes Charley, Frances, Ivan, Jeanne, Wilma, Tropical
Storm Bonnie, and other future declared emergencies and major
disasters, in a customer-focused, expeditious, effective, and
consistent manner, the Administrator of the Federal Emergency
Management Administration shall maintain a recovery office in
the State of Florida for a period of not less than three years
after the date of enactment of this Act.
(b) Structure.--The recovery office shall have an executive
director, appointed by the Administrator, who possesses a
demonstrated ability and knowledge of emergency management and
homeland security, and a senior management team.
(c) Responsibilities.--The executive director, in
coordination with State, local, and tribal governments, non-
profit organizations, including disaster relief organizations,
shall--
(1) work cooperatively with local governments to
mitigate the impact of a declared emergency or major
disaster; and
(2) provide assistance in a timely and effective
manner to residents of Florida and other States as
determined appropriate by the Administrator for
recovery from previous and future declared emergencies
and major disasters.
(d) Staffing.--Staffing levels of the recovery office shall
be commensurate with the current and projected workload as
determined by the Administrator.
(e) Performance Measures.--To ensure that the recovery office
is meeting its objectives, the Administrator shall identify
performance measures that are specific, measurable, achievable,
relevant, and timed, including--
(1) public assistance program project worksheet
completion rates; and
(2) the length of time taken to reimburse recipients
for public assistance.
(f) Evaluation.--The Administrator shall evaluate the
effectiveness and efficiency of the recovery office in the
State of Florida in meeting the requirements of this section.
Not later than three years after the date of enactment of this
Act, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives on whether continuing to operate such office is
necessary.
----------
8. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
Strike section 1102.
----------
9. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
At the end of title IX, add the following:
SEC. 908. REPORT ON INTEGRATED BORDER ENFORCEMENT TEAM INITIATIVE.
Not later than 1 year after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit a report
to the Congress on the status of the Integrated Border
Enforcement Team (IBET) initiative. The report should include
an analysis of current resources allocated to IBETs, an
evaluation of progress made since the inception of the program,
and recommendations as to the level of resources that would be
required to improve the program's effectiveness in the future.
In the table of contents, insert after the item relating to
section 907 the following:
Sec. 908. Report on Integrated Border Enforcement Team initiative.
____________________________________________________
10. An Amendment To Be Offered by Representative Hastings of
Washington, or His Designee, Debatable for 10 Minutes
In section 801, amend paragraph (7) to read as follows:
(7) a plan for leveraging the expertise of the
National Laboratories, the process for allocating
funding to the National Laboratories, and a plan for
fulfilling existing National Laboratory infrastructure
commitments to maintain current capabilities and meet
mission needs; and
----------
11. An Amendment To Be Offered by Representative Kucinich of Ohio, or
His Designee, Debatable for 10 Minutes
At the end of title XI of the bill, add the following (and
conform the table of contents accordingly):
SEC. 1122. WEATHER-RELATED DISASTERS.
(a) Study.--Of the amount authorized to be appropriated under
section 101, the Administrator of the Federal Emergency
Management Agency shall use such sums as may be necessary to
conduct a comprehensive study of the increase in demand for the
Agency's emergency response and disaster relief services that
may be reasonably anticipated as a result of weather-related
disasters associated with global warming during the next 5, 10,
and 20 years, including tornadoes, hurricanes, severe storms,
and associated flooding.
(b) Analysis of Implications of Increased Demand for FEMA
Services.--The study shall include an analysis of the
budgetary, material, and manpower implications of meeting such
increased demand for the Agency's services.
(c) Consideration of Scientific Data.--In conducting the
study, the Administrator shall consider the latest scientific
data on global warming, including the fourth assessment report
of the Intergovernmental Panel on Climate Change.
(d) Advisory Committee.--The study shall be conducted by the
Administrator with the advice of an advisory committee
consisting of Federal, regional, State, and local policy
makers, industry, non-governmental organizations, and
academics, to be convened by the Administrator in compliance
with the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Report.--Not later than 12 months after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report containing the results of the study.
----------
12. An Amendment To Be Offered by Representative Rothman of New Jersey,
or His Designee, Debatable for 10 Minutes
Add at the end of title XI the following:
SEC. 1122. PROHIBITION ON FEDERAL PREEMPTION OF MORE STRINGENT STATE
CHEMICAL FACILITY SECURITY REGULATIONS.
Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by
adding at the end the following new subsection:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or enforce
any regulation, requirement, or standard of performance with
respect to chemical facility security that is more stringent
than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State.''.
----------
13. An Amendment To Be Offered by Representative Rothman of New Jersey,
or His Designee, Debatable for 10 Minutes
At the end of title XI add the following:
SEC. __. REPORT ON PROTECTING INFRASTRUCTURE IN THE AREA OF PORT
ELIZABETH AND NEWARK INTERNATIONAL AIRPORT, NEW
JERSEY.
Not later than 90 days after the beginning of fiscal year
2008, the Secretary of Homeland Security shall use amounts
authorized under section 101 to submit a report to the Congress
describing the measures necessary to coordinate and protect the
various infrastructure in the area comprised of Port Elizabeth
and Newark International Airport, New Jersey, and the area
located generally between such facilities. The report shall
include--
(1) an identification of the resources required to
fully implement homeland security efforts for this
area;
(2) an assessment of the progress made in
implementing homeland security efforts for this area;
and
(3) recommendations of additional resources needed to
fully implement homeland security efforts for this
area.
----------
14. An Amendment To Be Offered by Representative Sherman of California,
or His Designee, Debatable for 10 Minutes
In section 605, in the quoted section 317(c), strike ``and''
after the semicolon at the end of paragraph (4), strike the
period at the end of paragraph (5) and insert ``; and'', and
after paragraph (5) insert the following:
``(6) include an assessment of public awareness
regarding the appropriate ways individuals should
respond to a CBRN incident and plans for dissemination
of such information to the public prior to an incident,
including through civil defense measures and training,
and emergency communications after an incident.
----------
15. An Amendment To Be Offered by Representative Terry of Nebraska, or
His Designee, Debatable for 10 Minutes
At the end of title XI add the following:
SEC. __. REQUIREMENT TO CONSULT STATES REGARDING GRANT AWARDS.
Before the release by the Department of Homeland Security of
any information regarding the award of any grant to a State
with amounts authorized under section 101, including before
submitting to Congress any list of such grant awards, the
Secretary of Homeland Security shall consult with States.
----------
16. An Amendment To Be Offered by Representative Mica of Florida, or
His Designee, Debatable for 10 Minutes
In section 1102(a) of the bill, after ``The Secretary of
Homeland Security'' insert ``and the Secretary of
Transportation''.
In section 1102(a) of the bill, strike ``the Department of
homeland security'' and insert ``the Department of Homeland
Security, the Department of Transportation,''
----------
17. An Amendment To Be Offered by Representative Cardoza of California,
or His Designee, Debatable for 10 Minutes
At the end of title XI add the following:
SEC. __. SENSE OF THE CONGRESS ON INTEROPERABILITY.
It is the sense of the Congress that efforts to achieve
local, regional, and national interoperable emergency
communications in the near term should be supported and are
critical in assisting communities with their local and regional
efforts to properly coordinate and execute their
interoperability plans.
----------
18. An Amendment To Be Offered by Representative Van Hollen of
Maryland, or His Designee, Debatable for 10 Minutes
At the end of title XI of the bill, add the following (and
conform the table of contents accordingly):
SEC. 1122. TRAVELERS REDRESS INQUIRY PROGRAM.
Of the amount authorized to be appropriated under section
101, such sums as may be necessary shall be available to the
Secretary of Homeland Security to take all necessary actions to
protect the security of personal information submitted
electronically to the Internet website of the Department of
Homeland Security established for the Travelers Redress Inquiry
Program and other websites of the Department related to that
program.
----------
19. An Amendment To Be Offered by Representative Castor of Florida, or
His Designee, Debatable for 10 Minutes
At the end of title XI of the bill, add the following (and
conform the table of contents accordingly):
SEC. 1122. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROGRAM.
The Secretary of Homeland Security shall work with the State
of Florida and other States, as appropriate, to resolve the
differences between the Transportation Worker Identification
Credential and existing access control credentials.
----------
20. An Amendment To Be Offered by Representative Lampson of Texas, or
His Designee, Debatable for 10 Minutes
In section 303, before the first sentence insert ``(a)
Authorization of Appropriations.--'', and add at the end the
following:
(b) Assisting the National Center for Missing and Exploited
Children.--
(1) In general.--An Inspector General of the
Department of Homeland Security appointed under section
3 or 8G of the Inspector General Act of 1978 (5 U.S.C.
App.) may authorize staff to use funds authorized under
subsection (a) to assist the National Center for
Missing and Exploited Children, upon request by the
Center--
(A) by conducting reviews of inactive case
files that the Inspector General has reason to
believe involve a child or possible offender
located outside the United States, and to
develop recommendations for further
investigations; and
(B) by engaging in similar activities.
(2) Limitations.--
(A) Priority.--An Inspector General may not
permit staff to engage in activities described
in paragraph (1) if such activities will
interfere with the duties of the Inspector
General under the Inspector General Act of 1978
(5 U.S.C. App.).
(B) Funding.--No additional funds are
authorized to be appropriated to carry out this
paragraph.
----------
21. An Amendment To Be Offered by Representative Royce of California,
or His Designee, Debatable for 10 Minutes
At the end of title IX, add the following new section:
SEC. 9__. STOLEN AND LOST TRAVEL DOCUMENT DATABASE.
(a) In General.--The Secretary of Homeland Security, acting
through the Commissioner of United States Customs and Border
Protection, shall, as expeditiously as possible, implement at
primary inspection points at United States ports of entry the
Stolen and Lost Travel Document database managed by Interpol.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report
on the implementation required under subsection (a).