[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).

                                  
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