To prohibit funds made available in this Act from being used to implement a rule or regulation related to certain petitions for aliens to perform temporary labor in the United States.

TEXT OF AMENDMENTS

SA 2477. Mr. KERRY (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 40, line 15, after ``Security'' insert ``and an
analysis of the Department's policy of ranking States,
cities, and other grantees by tiered groups,''.
______

SA 2478. Mr. AKAKA submitted an amendment intended to be proposed to

[[Page S10194]]

amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. REPORT ON THE PERFORMANCE ACCOUNTABILITY AND
STANDARDS SYSTEM OF THE TRANSPORTATION SECURITY
ADMINISTRATION.

Not later than March 1, 2008, the Transportation Security
Administration shall submit a report to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives on the
implementation of the Performance Accountability and
Standards System, including--
(1) the number of employees who achieved each level of
performance;
(2) a comparison between managers and non-managers relating
to performance and pay increases;
(3) the type and amount of all pay increases that have
taken effect for each level of performance; and
(4) the attrition of employees covered by the Performance
Accountability and Standards System.
______

SA 2479. Mr. SANDERS (for himself and Mr. Feingold) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:
Sec. 536. Prohibition on Use Funds for Rulemaking Related
to Petitions for Aliens.
None of the funds made available in this Act may be used by
the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Federal Register 3984 (January
27, 2005), or any amendments reaching results similar to such
proposed rulemaking.
______

SA 2480. Mr. GRAHAM (for himself, Mr. Pryor, Mr. Gregg, Mr. McCain,
Mr. Martinez, Mr. Kyl, Mr. Sununu, Mr. Cornyn, Mrs. Hutchison, Mr.
Specter, Mr. Coleman, Mrs. Lincoln, Mr. Byrd, Mr. Salazar, Mr. Webb,
Mr. Baucus, Ms. Landrieu, Mrs. McCaskill, Mr. Alexander, Mrs. Dole, Mr.
Domenici, Mr. Vitter, Mr. Sessions, Mr. Coburn, Mrs. Feinstein, Mr.
Bunning, Mr. Corker, Mr. Hatch, Mr. Chambliss, Mr. Warner, and Mr.
Inhofe) proposed an amendment to amendment SA 2383 proposed by Mr. Byrd
(for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows;

At the end, add the following:

DIVISION B--BORDER SECURITY

TITLE X--BORDER SECURITY REQUIREMENTS

SEC. 1001. SHORT TITLE.

This division may be cited as the ``Border Security First
Act of 2007''.

SEC. 1002. BORDER SECURITY REQUIREMENTS.

(a) Requirements.--Not later than 2 years after the date of
the enactment of this Act, the President shall ensure that
the following are carried out:
(1) Operational control of the international border with
mexico.--The Secretary of Homeland Security shall establish
and demonstrate operational control of 100 percent of the
international land border between the United States and
Mexico, including the ability to monitor such border through
available methods and technology.
(2) Staff enhancements for border patrol.--The United
States Customs and Border Protection Border Patrol shall
hire, train, and report for duty 23,000 full-time agents.
(3) Strong border barriers.--The United States Customs and
Border Protection Border Patrol shall--
(A) install along the international land border between the
United States and Mexico at least--
(i) 300 miles of vehicle barriers;
(ii) 700 linear miles of fencing as required by the Secure
Fence Act of 2006 (Public Law 109-367), as amended by this
Act; and
(iii) 105 ground-based radar and camera towers; and
(B) deploy for use along the international land border
between the United States and Mexico 4 unmanned aerial
vehicles, and the supporting systems for such vehicles.
(4) Catch and return.--The Secretary of Homeland Security
shall detain all removable aliens apprehended crossing the
international land border between the United States and
Mexico in violation of Federal or State law, except as
specifically mandated by Federal or State law or humanitarian
circumstances, and United States Immigration and Customs
Enforcement shall have the resources to maintain this
practice, including the resources necessary to detain up to
45,000 aliens per day on an annual basis.
(b) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
requirements under subsection (a) are met, the President
shall submit a report to Congress detailing the progress made
in funding, meeting, or otherwise satisfying each of the
requirements described under paragraphs (1) through (4) of
subsection (a), including detailing any contractual
agreements reached to carry out such measures.
(2) Progress not sufficient.--If the President determines
that sufficient progress is not being made, the President
shall include in the report required under paragraph (1)
specific funding recommendations, authorization needed, or
other actions that are or should be undertaken by the
Secretary of Homeland Security.

SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

There is hereby appropriated $3,000,000,000 to satisfy the
requirements set out in section 1002(a) and, if any amount
remains after satisfying such requirements, to achieve and
maintain operational control over the international land and
maritime borders of the United States, for employment
eligibility verification improvements for increased removal
and detention of visa overstays, criminal aliens, aliens who
have illegally reentered the United States, and for
reimbursement of State and local section 287(g) expenses.
These amounts are designated as an emergency requirement
pursuant to section 204 of S. Con. Res. 21 (110th Congress).
______

SA 2481. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, insert the following:
Sec. 536.  None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Secretary of Homeland Security to remove offenses from the
list of criminal offenses disqualifying individuals from
receiving a Transportation Worker Identification Credential
under section 1572.103 of title 49, Code of Federal
Regulations.
______

SA 2482. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:

SEC. ___. AMENDMENT TO TITLE 31.

(a) In General.--Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the
following new section:

``Sec. 1311. Continuing appropriations

``(a)(1) If any regular appropriation bill for a fiscal
year (or, if applicable, for each fiscal year in a biennium)
does not become law before the beginning of such fiscal year
or a joint resolution making continuing appropriations is not
in effect, there are appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, such sums
as may be necessary to continue any project or activity for
which funds were provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a
joint resolution making continuing appropriations for such
preceding fiscal year.
``(2) Appropriations and funds made available, and
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be at a rate of
operations not in excess of the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such
preceding fiscal year;
``(C) the rate of operations provided for in the regular
appropriation bill as passed by the House of Representatives
or the Senate for the fiscal year in question, except that
the lower of these two versions shall be ignored for any
project or activity for which

[[Page S10195]]

there is a budget request if no funding is provided for that
project or activity in either version; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this
section for a project or activity shall be available for the
period beginning with the first day of a lapse in
appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether
or not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as
the case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be subject to the terms
and conditions imposed with respect to the appropriation made
or funds made available for the preceding fiscal year, or
authority granted for such project or activity under current
law.
``(c) Appropriations and funds made available, and
authority granted, for any project or activity for any fiscal
year pursuant to this section shall cover all obligations or
expenditures incurred for such project or activity during the
portion of such fiscal year for which this section applies to
such project or activity.
``(d) Expenditures made for a project or activity for any
fiscal year pursuant to this section shall be charged to the
applicable appropriation, fund, or authorization whenever a
regular appropriation bill or a joint resolution making
continuing appropriations until the end of a fiscal year
providing for such project or activity for such period
becomes law.
``(e) This section shall not apply to a project or activity
during a fiscal year if any other provision of law (other
than an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular
appropriation bill' means any annual appropriation bill
making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of
projects and activities:
``(1) Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
``(2) Commerce, Justice, Science, and Related Agencies.
``(3) Defense.
``(4) Energy and Water Development.
``(5) Financial Services and General Government.
``(6) Homeland Security.
``(7) Interior, Environment, and Related Agencies.
``(8) Labor, Health and Human Services, Education, and
Related Agencies.
``(9) Legislative Branch.
``(10) Military Construction, Veterans' Affairs, and
Related Agencies.
``(11) State, Foreign Operations, and Related Programs.
``(12) Transportation, Housing and Urban Development, and
Related Agencies.''.
(b) Clerical Amendment.--The analysis of chapter 13 of
title 31, United States Code, is amended by inserting after
the item relating to section 1310 the following new item:

``1311. Continuing appropriations''.
______

SA 2483. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

(a) In General.--Subject to subsection (c), and
notwithstanding any other provision of law, the Administrator
of the Federal Emergency Management Agency shall not prohibit
the use by the State of Louisiana under the Road Home Program
of that State of any amounts described in subsection (e),
based upon the existence or extent of any requirement or
condition under that program that--
(1) limits the amount made available to an eligible
homeowner who does not agree to remain an owner and occupant
of a home in Louisiana; or
(2) waives the applicability of any limitation described in
paragraph (1) for eligible homeowners who are elderly or
senior citizens.
(b) Procedures.--The Administrator of the Federal Emergency
Management Agency shall identify and implement mechanisms to
simplify the expedited distribution of amounts described in
subsection (e), including--
(1) creating a programmatic cost-benefit analysis to
provide a means of conducting cost-benefit analysis by
project type and geographic factors rather than on a
structure-by-structure basis; and
(2) developing a streamlined environmental review process
to significantly speed the approval of project applications.
(c) Waiver.--
(1) In general.--Except as provided in paragraph (2), in
using amounts described in subsection (e), the President
shall waive the requirements of section 206.434(c) and
206.438(d) of title 44, Code of Federal Regulations (or any
corresponding similar regulation or ruling), or specify
alternative requirements, upon a request by the State of
Louisiana that such waiver is required to facilitate the
timely use of funds or a guarantee provided under section 404
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
(2) Exception.--The President may not waive any requirement
relating to fair housing, nondiscrimination, labor standards,
or, except as provided in subsection (b), the environment
under paragraph (1).
(d) Savings Provision.--Except as provided in subsections
(a), (b), and (c), section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c) shall apply to amounts described in subsection (e)
that are used by the State of Louisiana under the Road Home
Program of that State.
(e) Covered Amounts.--The amounts described in this
subsection are any amounts provided to the State of Louisiana
because of Hurricane Katrina of 2005 or Hurricane Rita of
2005 under the hazard mitigation grant program of the Federal
Emergency Management Agency under section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
______

SA 2484. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. ACCOUNTABILITY IN GRANT AND CONTRACT
ADMINISTRATION.

The Department of Homeland Security, through the Federal
Emergency Management Agency, shall--
(1) consider implementation, through fair and open
competition, of management, tracking and accountability
systems to assist in managing grant allocations,
distribution, expenditures, and asset tracking; and
(2) consider any efficiencies created through cooperative
purchasing agreements.
______

SA 2485. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 33, strike line 25 and all that follows
through page 34, line 4, and insert the following: ``Affairs,
$117,400,000; of which $20,817,000 is for salaries and
expenses; of which $2,400,000 is for the implementation of
Homeland Security Presidential Directive/HSPD-9 (relating to
the defense of United States Agriculture and Food) and for
other food defense activities; and of which $94,183,000 is
for biosurveillance, biowatch, chemical response, and related
activities for the Department of Homeland Security, to remain
available until September 30, 2009: Provided, That amounts
appropriated under the subheading `Automation Modernization'
under the heading `U.S. Immigration and Customs Enforcement'
be reduced by $2,400,000: Provided further, That''.
______

SA 2486. Ms. COLLINS (for herself and Mr. Lieberman) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 30, line 17, before the period insert the
following: ``Provided, That $10,043,000 shall be for the
Office of Bombing Prevention and not more than $26,100,000
shall be for the Next Generation Network''.

______

SA 2487. Mrs. CLINTON (for herself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:
Sec. 536.  The Administrator of the Transportation Security
Administration shall prohibit any butane lighters from being
taken

[[Page S10196]]

into an airport sterile area or onboard an aircraft until the
Administrator provides to the Committee on Appropriations of
the Senate, the Committee on Appropriations of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, a
report identifying all anticipated security benefits and any
possible vulnerabilities associated with allowing butane
lighters into airport sterile areas and onboard commercial
aircraft, including supporting analysis justifying the
conclusions reached. The Comptroller General of the United
States shall report on its assessment of the report submitted
by the Transportation Security Administration within 180 days
of the date the report is submitted. The Administrator shall
not take action to allow butane lighters into an airport
sterile area or onboard commercial aircraft until at least 60
days after the Comptroller General submits the Comptroller
General's assessment of the Transportation Security
Administration report.
______

SA 2488. Mr. VITTER (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:
Sec. 536. None of the funds made available in this Act for
U.S. Customs and Border Protection or any agency or office
within the Department of Homeland Security may be used to
prevent an individual from importing a prescription drug from
Canada if--
(1) such individual--
(A) is not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(g))); and
(B) only imports a personal-use quantity of such drug that
does not exceed a 90-day supply; and
(2) such drug--
(A) complies with sections 501, 502, and 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355);
and
(B) is not--
(i) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(ii) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
______

SA 2489. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2448 submitted by Mr. Schumer (for himself and Mrs.
Hutchison) to the amendment 2383 proposed by Mr. Byrd (for himself and
Mr. Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes; which was ordered to lie on the
table; as follows:

On page 2, after line 13 of the amendment, insert the
following:

SEC. 537. FEE FOR RECAPTURE OF UNUSED EMPLOYMENT-BASED
IMMIGRANT VISAS.

Section 106(d) of the American Competitiveness in the
Twenty-first Century Act of 2000 (Public Law 106-313; 8
U.S.C. 1153 note), as amended by section 536, is further
amended by adding at the end the following:
``(5) Fee for recapture of unused employment-based
immigrant visas.--
``(A) In general.--The Secretary of Homeland Security shall
impose a fee upon each petitioning employer who uses a visa
recaptured from fiscal years 1996 and 1997 under this
subsection to provide employment for an alien as a
professional nurse, provided that--
``(i) such fee shall be in the amount of $1,500 for each
such alien nurse (but not for dependents accompanying or
following to join who are not professional nurses); and
``(ii) no fee shall be imposed for the use of such visas if
the employer demonstrates to the Secretary that--

``(I) the employer is a health care facility that is
located in a county or parish that received individual and
public assistance pursuant to Major Disaster Declaration
number 1603 or 1607; or
``(II) the employer is a health care facility that has been
designated as a Health Professional Shortage Area facility by
the Secretary of Health and Human Services as defined in
section 332 of the Public Health Service Act (42 U.S.C.
254e).

``(B) Fee collection.--A fee imposed by the Secretary of
Homeland Security pursuant to this paragraph shall be
collected by the Secretary as a condition of approval of an
application for adjustment of status by the beneficiary of a
petition or by the Secretary of State as a condition of
issuance of a visa to such beneficiary.''.

SEC. 538. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended by adding at the end the following:
``(w) Domestic Nursing Enhancement Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account which shall be known
as the `Domestic Nursing Enhancement Account.'
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 106(d)(5) of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this
subsection shall prohibit the depositing of other moneys into
the account established under this section.
``(2) Use of funds.--Amounts collected under section
106(d)(5) of the American Competitiveness in the Twenty-first
Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note),
and deposited into the account established under paragraph
(1) shall be used by the Secretary of Health and Human
Services to carry out section 832 of the Public Health
Service Act. Such amounts shall be available for obligation
only to the extent, and in the amount, provided in advance in
appropriations Acts. Such amounts are authorized to remain
available until expended.''.

SEC. 539. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING
FACULTY AND STUDENTS.

Part D of title VIII of the Public Health Service Act (42
U.S.C. 296p et seq.) is amended by adding at the end the
following:

``SEC. 832. CAPITATION GRANTS.

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

[[Page S10197]]

``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding academic year
by 5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) shall not apply to the first
academic year for which a school receives a grant under this
section.
``(C) With respect to any academic year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school involved limit
the school from enrolling additional students; or
``(ii) the school has increased enrollment in the school
(as described in subparagraph (A)) for each of the 2
preceding academic years.
``(4) Not later than 1 year after receiving a grant under
this section, the school will formulate and implement a plan
to accomplish at least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary education
among schools of nursing with a view toward shared use of
technological resources, including information technology.
``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
training for the use of the interdisciplinary team approach
to the delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) Increasing enrollment of new graduate baccalaureate
nursing students in graduate programs that educate nurse
faculty members.
``(H) Developing post-baccalaureate residency programs to
prepare nurses for practice in specialty areas where nursing
shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the National Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests
for information, to determine the extent to which the school
is complying with the requirements of this section.
``(f) Reports to Congress.--The Secretary shall evaluate
the results of grants under this section and submit to
Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than September 30, 2010, a final report on
such results.
``(g) Application.--An eligible school of nursing seeking a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(h) Authorization of Appropriations.--In addition to the
amounts in the Domestic Nursing Enhancement Account,
established under section 286(w) of the Immigration and
Nationality Act, there are authorized to be appropriated such
sums as may be necessary to carry out this section.''.

SEC. 540. GLOBAL HEALTH CARE COOPERATION.

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

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

``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other health care
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to
be--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the International
Bank for Reconstruction and Development and having an income
greater than the historical ceiling for International
Development Association eligibility for the applicable fiscal
year; or
``(C) qualified to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) a list of candidate countries not later than 6 months
after the date of the enactment of this section, and annually
thereafter; and
``(2) an amendment to the list described in paragraph (1)
at the time any country qualifies as a candidate country due
to special circumstances under subsection (b)(1)(C).''.
(b) Rulemaking.--
(1) Requirement.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by this section.
(2) Content.--The regulations promulgated pursuant to
paragraph (1) shall--
(A) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by subsection
(a)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(B) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(C) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(c) Technical and Conforming Amendments.--
(1) Definition.--Section 101(a)(13)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding at the end the following: ``except in
the case of an eligible alien, or the spouse or child of such
alien, who is authorized to be absent from the United States
under section 317A,''.
(2) Documentary requirements.--Section 211(b) of such Act
(8 U.S.C. 1181(b)) is amended by inserting ``, including an
eligible alien authorized to reside in a foreign country
under section 317A and the spouse or child of such eligible
alien, if appropriate,'' after ``101(a)(27)(A),''.
(3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such
Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
``other than an eligible alien authorized to reside in a
foreign country under section 317A and the spouse or child of
such eligible alien, if appropriate,'' after ``Act,''.
(4) Naturalization.--Section 319(b) of such Act (8 U.S.C.
1430(b)) is amended by inserting ``an eligible alien who is
residing or has resided in a foreign country under section
317A'' before ``and (C)''.
(5) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in
developing countries''.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to United States Citizenship and
Immigration Services such sums as may be necessary to carry
out this section and the amendments made by this section.

SEC. 541. ATTESTATION BY HEALTH CARE WORKERS.

(a) Attestation Requirement.--Section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is
amended by adding at the end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of

[[Page S10198]]

performing labor as a physician or other health care worker
is inadmissible unless the alien submits to the Secretary of
Homeland Security or the Secretary of State, as appropriate,
an attestation that the alien is not seeking to enter the
United States for such purpose during any period in which the
alien has an outstanding obligation to the government of the
alien's country of origin or the alien's country of
residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other health care
worker in consideration for a commitment to work as a
physician or other health care worker in the alien's country
of origin or the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--

``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.

(b) Effective Date; Application.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(2) Application by the secretary.--Not later than the
effective date described in paragraph (1), the Secretary
shall begin to carry out subparagraph (E) of section
212(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)), including the requirement for the attestation
and the granting of a waiver described in clause (iii) of
such subparagraph (E), regardless of whether regulations to
implement such subparagraph have been promulgated.
______

SA 2490. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. REPORT ON URBAN AREA SECURITY INITIATIVE.

Not later than 180 days after the date of enactment of this
Act, the Government Accountability Office shall submit a
report to the appropriate congressional committees which
describes the criteria and factors the Department of Homeland
Security uses to determine the regional boundaries for Urban
Area Security Initiative regions, including a determination
if the Department is meeting its goal to implement a regional
approach with respect to Urban Area Security Initiative
regions, and provides recommendations for how the Department
can better facilitate a regional approach for Urban Area
Security Initiative regions.
______

SA 2491. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 2638, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. APPLICATION FOR TRANSPORT WORKER IDENTIFICATION
CREDENTIAL.

(a) In General.--The Secretary shall allow an employer to
use Homeport, a website maintained by the Coast Guard, to
conduct an initial screening for interim work authority for
employment aboard a vessel under section 104(c) of the SAFE
Port Act (46 U.S.C. 70105 note).
(b) Time Limitation.--The Secretary shall allow an
applicant who has passed an initial screening for interim
work authority to be employed aboard a vessel for up to 180
days before requiring the employee to apply for a
Transportation Worker Identification Credential.
(c) Limitation on Use of Funds.--No funds appropriated
under this Act may be used to require an employee to apply
for a Transportation Worker Identification Credential before
the Secretary makes available on Homeport the security
screening for interim work authority for employment aboard a
vessel required under section 104(c) of the SAFE Port Act (46
U.S.C. 70105 note).
______

SA 2492. Mr. SANDERS (for himself and Mr. Feingold) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

On page 69, after line 24, add the following:
Sec. 536. Prohibition on Use Funds for Rulemaking Related
to Petitions for Aliens.
None of the funds made available in this Act may be used by
the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Federal Register 3984 (January
27, 2005), or any amendments reaching results similar to such
proposed rulemaking.
______

SA 2493. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 2, line 11, strike ``$100,000,000'' and insert
``$98,000,000''.
On page 45, between lines 23 and 24, insert the following:

grants for community wildfire preparedness and education

For necessary expense for programs administered Assistant
Administrator for the United States Fire Administration to
educate communities about the dangers of wildfires and
provide information and resources to assist community
preparedness for wildfires, $2,000,000: Provided, That such
programs shall be targeted to provide education to
communities growing into the wildland urban interface and in
areas at risk for wildfire: Provided further, That such
programs shall be administered as part of the larger mission
of the United States Fire Administration within the Federal
Emergency Management Agency to reduce life and economic
losses due to fire and related emergencies, through
leadership, advocacy, coordination, and support.
______

SA 2494. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

(a) In General.--Subject to subsection (c), and
notwithstanding any other provision of law, the Administrator
of the Federal Emergency Management Agency shall not prohibit
the use by the State of Louisiana under the Road Home Program
of that State of any amounts described in subsection (e),
based upon the existence or extent of any requirement or
condition under that program that--
(1) limits the amount made available to an eligible
homeowner who does not agree to remain an owner and occupant
of a home in Louisiana; or
(2) waives the applicability of any limitation described in
paragraph (1) for eligible homeowners who are elderly or
senior citizens.
(b) Procedures.--The Administrator of the Federal Emergency
Management Agency shall identify and implement mechanisms to
simplify the expedited distribution of amounts described in
subsection (e), including--
(1) creating a programmatic cost-benefit analysis to
provide a means of conducting cost-benefit analysis by
project type and geographic factors rather than on a
structure-by-structure basis; and
(2) developing a streamlined environmental review process
to significantly speed the approval of project applications.
(c) Waiver.--
(1) In general.--Except as provided in paragraph (2), in
using amounts described in subsection (e), the President
shall waive the requirements of section 206.434(c) and
section 206.438(d) of title 44, Code of Federal Regulations
(or any corresponding similar regulation or ruling), or
specify alternative requirements, upon a request by the State
of Louisiana that such waiver is required to facilitate the
timely use of funds or a guarantee provided under section 404
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
(2) Exception.--The President may not waive any requirement
relating to fair housing, nondiscrimination, labor standards,
or, except as provided in subsection (b), the environment
under paragraph (1).
(d) Savings Provision.--Except as provided in subsections
(a), (b), and (c), section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c) shall apply to amounts described in subsection (e)
that are used by the State of Louisiana under the Road Home
Program of that State.
(e) Covered Amounts.--The amounts described in this
subsection is $1,170,000,000 provided to the State of
Louisiana because of

[[Page S10199]]

Hurricane Katrina of 2005 or Hurricane Rita of 2005 under the
hazard mitigation grant program of the Federal Emergency
Management Agency under section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
______

SA 2495. Mr. ISAKSON submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF SENATE ON IMMIGRATION.

(a) Findings.--The Senate makes the following findings:
(1) On June 28th, 2007, the Senate, by a vote of 46 to 53,
rejected a motion to invoke cloture on a bill to provide for
comprehensive immigration reform.
(2) Illegal immigration remains the top domestic issue in
the United States.
(3) The people of the United States continue to feel the
effects of a failed immigration system on a daily basis, and
they have not forgotten that Congress and the President have
a duty to address the issue of illegal immigration and the
security of the international borders of the United States.
(4) People from across the United States have shared with
members of the Senate their wide ranging and passionate
opinions on how best to reform the immigration system.
(5) There is no consensus on an approach to comprehensive
immigration reform that does not first secure the
international borders of the United States.
(6) There is unanimity that the Federal Government has a
responsibility to, and immediately should, secure the
international borders of the United States.
(7) Border security is an integral part of national
security.
(8) The greatest obstacle the Federal Government faces with
respect to the people of the United States is a lack of trust
that the Federal Government will secure the international
borders of the United States.
(9) This lack of trust is rooted in the past failures of
the Federal Government to uphold and enforce immigration laws
and the failure of the Federal Government to secure the
international borders of the United States.
(10) Failure to uphold and enforce immigration laws has
eroded respect for those laws and eliminated the faith of the
people of the United States in the ability of their elected
officials to responsibly administer immigration programs.
(11) It is necessary to regain the trust of the people of
the United States in the competency of the Federal Government
to enforce immigration laws and manage the immigration
system.
(12) Securing the borders of the United States would serve
as a starting point to begin to address other issues
surrounding immigration reform on which there is not
consensus.
(13) Congress has not fully funded some interior and border
security activities that it has authorized.
(14) The President of the United States can initiate
emergency spending by designating certain spending as
``emergency spending'' in a request to the Congress.
(15) The lack of security on the international borders of
the United States rises to the level of an emergency.
(16) The Border Patrol are apprehending some, but not all,
individuals from countries that the Secretary of State has
determined have repeatedly provided support for acts of
international terrorism who cross or attempt to cross
illegally into the United States.
(17) The Federal Bureau of Investigation is investigating a
human smuggling ring that has been bringing Iraqis and other
Middle Eastern individuals across the international borders
of the United States.
(b) Sense of Senate.--It is the sense of Senate that--
(1) the Federal Government should work to regain the trust
of the people of the United States in its ability of the
Federal Government to secure the international borders of the
United States;
(2) in order to restore the credibility of the Federal
Government on this critical issue, the Federal Government
should prove its ability to enforce immigration laws by
taking actions such as securing the border, stopping the flow
of illegal immigrants and drugs into the United States, and
creating a tamper-proof biometric identification card for
foreign workers; and
(3) the President should request emergency spending that
fully funds--
(A) existing interior and border security authorizations
that have not been funded by Congress; and
(B) the border and interior security initiatives contained
in the bill to provide for comprehensive immigration reform
and for other purposes (S. 1639) introduced in the Senate on
June 18, 2007.
______

SA 2496. Mr COCHRAN (for himself and Mr. Byrd) proposed an amendment
to amendment SA 2488 submitted by Mr. Vitter (for himself and Ms.
Stabenow) to the amendment SA 2383 proposed by Mr. Byrd (for himself
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes, as follows:

In lieu of the matter proposed to be inserted, insert the
following:
None of the funds made available in this Act for United
States Customs and Border Protection may be used to prevent
an individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
______

SA 2497. Mr. BYRD submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, insert the following:
Sec. __.  None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
______

SA 2498. Mr. SANDERS (for himself and Mr. Feingold) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:
Sec. 536. Prohibition on Use Funds for Rulemaking Related
to Petitions for Aliens.
None of the funds made available in this Act may be used by
the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Federal Register 3984 (January
27, 2005).
______

SA 2499. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, insert the following:
Sec. 536. (a) The amount appropriated by title II for
necessary expenses for the U.S. Customs and Border Protection
for enforcement of laws relating to border security,
immigration, customs, and agricultural inspections under the
heading ``salaries and expenses'' is increased by $30,000,000
to procure commercially available technology in order to
expand and improve the risk-based approach of the Department
of Homeland Security to target and inspect cargo containers
under the Secure Freight Initiative and the Global Trade
Exchange.
(b) The amount appropriated by title IV under the heading
``systems acquisition'' is reduced by $30,000,000.
______

SA 2500. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. ENSURING THE SAFETY OF AGRICULTURAL IMPORTS.

(a) Findings.--Congress makes the following findings:
(1) The Food and Drug Administration, as part of its
responsibility to ensure the safety of agricultural and other
imports, maintains a presence at 91 of the 320 points of
entry into the United States.
(2) United States Customs and Border Protection personnel
are responsible for monitoring imports and alerting the Food
and Drug Administration to suspicious material entering the
United States at the remaining 229 points of entry.
(b) Report.--The Commissioner of United States Customs and
Border Protection shall submit a report to Congress that
describes the training of United States Customs and Border
Protection personnel to effectively assist the Food and Drug
Administration in monitoring our Nation's food supply.

[[Page S10200]]

______

SA 2501. Ms. CANTWELL (for herself and Ms. Snowe) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

On page 22, beginning in line 15, strike ``Provided,'' and
insert ``Provided,'' That no funds shall be available for
procurements related to the acquisition of additional major
assets as part of the Integrated Deepwater Systems program
not already under contract until an Alternatives Analysis has
been completed by an independent qualified third party:
Provided further, That no funds contained in this Act shall
be available for procurement of the third National Security
Cutter until an Alternatives Analysis has been completed by
an independent qualified third party: Provided further'',.
______

SA 2502. Mr. PRYOR (for himself, Mr. Craig, Mr. Schumer, Mr.
Chambliss, Mr. Roberts, and Mr. Hagel) submitted an amendment intended
to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes; as follows:

On page 30, line 14, strike ``by title II'' and all that
follows through ``2009.'' on line 17 and insert the following
``by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.) or subtitle J of title VIII of the Homeland
Security Act of 2002, as added by this Act, $527,099,000, of
which $497,099,000 shall remain available until September 30,
2009, and of which, $2,000,000 shall be to carry out subtitle
J of title VIII of the Homeland Security Act of 2002, as
added by this Act.''.

On page 69, after line 24, add the following:

SEC. 536. SECURE HANDLING OF AMMONIUM NITRATE.

(a) In General.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by adding at the end
the following:

``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. DEFINITIONS.

``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate'
means--
``(A) solid ammonium nitrate that is chiefly the ammonium
salt of nitric acid and contains not less than 33 percent
nitrogen by weight; and
``(B) any mixture containing a percentage of ammonium
nitrate that is equal to or greater than the percentage
determined by the Secretary under section 899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium
nitrate facility' means any entity that produces, sells or
otherwise transfers ownership of, or provides application
services for ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who buys and takes
possession of ammonium nitrate from an ammonium nitrate
facility.

``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM
NITRATE.

``(a) In General.--The Secretary shall regulate the sale
and transfer of ammonium nitrate by an ammonium nitrate
facility in accordance with this subtitle to prevent the
misappropriation or use of ammonium nitrate in an act of
terrorism.
``(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium
nitrate in a substance.
``(c) Registration of Owners of Ammonium Nitrate
Facilities.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) owns an ammonium nitrate facility is required to
register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2)  Registration information.--Any person applying to
register under paragraph (1) shall submit to the Secretary--
``(A) the name, address, and telephone number of each
ammonium nitrate facility owned by that person;
``(B) the name of the person designated by that person as
the point of contact for each such facility, for purposes of
this subtitle; and
``(C) such other information as the Secretary may determine
is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) intends to be an ammonium nitrate purchaser is
required to register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2)  Registration information.--Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser
shall submit to the Secretary--
``(A) the name, address, and telephone number of the
applicant; and
``(B) the intended use of ammonium nitrate to be purchased
by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an ammonium
nitrate facility shall--
``(A) maintain a record of each sale or transfer of
ammonium nitrate, during the two-year period beginning on the
date of that sale or transfer; and
``(B) include in such record the information described in
paragraph (2).
``(2) Specific information required.--For each sale or
transfer of ammonium nitrate, the owner of an ammonium
nitrate facility shall--
``(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
each person that takes possession of ammonium nitrate, in a
manner prescribed by the Secretary;
``(B) if applicable, record the name, address, and
telephone number of each individual who takes possession of
the ammonium nitrate on behalf of the person described in
subparagraph (A), at the point of sale;
``(C) record the date and quantity of ammonium nitrate sold
or transferred; and
``(D) verify the identity of the persons described in
subparagraphs (A) and (B), as applicable, in accordance with
a procedure established by the Secretary.
``(3) Protection of information.--In maintaining records in
accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the
protection of the information included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license issued under
chapter 40 of title 18, United States Code.
``(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure
that the access of agricultural producers to ammonium nitrate
is not unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-
56; 115 Stat. 272), and except as provided in paragraph (2),
the Secretary may not disclose to any person any information
obtained under this subtitle.
``(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this subtitle
to--
``(A) an officer or employee of the United States, or a
person that has entered into a contract with the United
States, who has a need to know the information to perform the
duties of the officer, employee, or person; or
``(B) to a State agency under section 899D, under
appropriate arrangements to ensure the protection of the
information.
``(i) Registration Procedures and Check of Terrorist
Screening Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall establish procedures
to efficiently receive applications for registration numbers
under this subtitle, conduct the checks required under
paragraph (2), and promptly issue or deny a registration
number.
``(B) Initial six-month registration period.--The Secretary
shall take steps to maximize the number of registration
applications that are submitted and processed during the six-
month period described in section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall conduct a check
of appropriate identifying information of any person seeking
to register with the Department under subsection (c) or (d)
against identifying information that appears in the terrorist
screening database of the Department.
``(B) Authority to deny registration number.--If the
identifying information of a person seeking to register with
the Department under subsection (c) or (d) appears in the
terrorist screening database of the Department, the Secretary
may deny issuance of a registration number under this
subtitle.
``(3) Expedited review of applications.--
``(A) In general.--Following the six-month period described
in section 899F(e), the Secretary shall, to the extent
practicable, issue or deny registration numbers under this
subtitle not later than 72 hours after the time the Secretary
receives a complete registration application, unless the
Secretary determines, in the interest of national security,
that additional time is necessary to review an application.
``(B) Notice of application status.--In all cases, the
Secretary shall notify a person seeking to register with the
Department under subsection (c) or (d) of the status of the
application of that person not later than 72 hours after the
time the Secretary receives a complete registration
application.
``(4) Expedited appeals process.--
``(A) Requirement.--
``(i) Appeals process.--The Secretary shall establish an
expedited appeals process

[[Page S10201]]

for persons denied a registration number under this subtitle.
``(ii) Time period for resolution.--The Secretary shall, to
the extent practicable, resolve appeals not later than 72
hours after receiving a complete request for appeal unless
the Secretary determines, in the interest of national
security, that additional time is necessary to resolve an
appeal.
``(B) Consultation.--The Secretary, in developing the
appeals process under subparagraph (A), shall consult with
appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a
registration number under this subtitle.
``(5) Restrictions on use and maintenance of information.--
``(A) In general.--Any information constituting grounds for
denial of a registration number under this section shall be
maintained confidentially by the Secretary and may be used
only for making determinations under this section.
``(B) Sharing of information.--Notwithstanding any other
provision of this subtitle, the Secretary may share any such
information with Federal, State, local, and tribal law
enforcement agencies, as appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The Secretary may
require a person applying for a registration number under
this subtitle to submit such information as may be necessary
to carry out the requirements of this section.
``(B) Requirement to update information.--The Secretary may
require persons issued a registration under this subtitle to
update registration information submitted to the Secretary
under this subtitle, as appropriate.
``(7) Re-checks against terrorist screening database.--
``(A) Re-checks.--The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant to
this subtitle against the terrorist screening database of the
Department, and may revoke such registration number if the
Secretary determines such person may pose a threat to
national security.
``(B) Notice of revocation.--The Secretary shall, as
appropriate, provide prior notice to a person whose
registration number is revoked under this section and such
person shall have an opportunity to appeal, as provided in
paragraph (4).

``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners
of ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State department
of agriculture or its designee involved in agricultural
regulation, in consultation with the State agency responsible
for homeland security, to carry out the provisions of this
subtitle; and
``(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative agreements to
implement the registration and enforcement provisions of this
subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this subtitle.
``(2) Delegation required.--At the request of a Governor of
a State, the Secretary shall delegate to that State the
authority to carry out functions under sections 899B and
899C, if the Secretary determines that the State is capable
of satisfactorily carrying out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to a
State under this subsection, the Secretary shall provide to
that State sufficient funds to carry out the delegated
functions.
``(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available to each
owner of an ammonium nitrate facility registered under
section 899B(c)(1) guidance on--
``(A) the identification of suspicious ammonium nitrate
purchases or transfers or attempted purchases or transfers;
``(B) the appropriate course of action to be taken by the
ammonium nitrate facility owner with respect to such a
purchase or transfer or attempted purchase or transfer,
including--
``(i) exercising the right of the owner of the ammonium
nitrate facility to decline sale of ammonium nitrate; and
``(ii) notifying appropriate law enforcement entities; and
``(C) additional subjects determined appropriate by to
prevent the misappropriation or use of ammonium nitrate in an
act of terrorism.
``(2) Use of materials and programs.--In providing guidance
under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make available
materials suitable for posting at locations where ammonium
nitrate is sold.
``(B) Design of materials.--Materials made available under
subparagraph (A) shall be designed to notify prospective
ammonium nitrate purchasers of--
``(i) the record-keeping requirements under section 899B;
and
``(ii) the penalties for violating such requirements.

``SEC. 899E. THEFT REPORTING REQUIREMENT.

``Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of
ammonium nitrate shall report such theft or loss to the
appropriate Federal law enforcement authorities not later
than 1 calendar day of the date on which the person becomes
aware of such theft or loss. Upon receipt of such report, the
relevant Federal authorities shall inform State, local, and
tribal law enforcement entities, as appropriate.

``SEC. 899F. PROHIBITIONS AND PENALTY.

``(a) Prohibitions.--
``(1) Taking possession.--No person shall take possession
of ammonium nitrate from an ammonium nitrate facility unless
such person is registered under subsection (c) or (d) of
section 899B, or is an agent of a person registered under
subsection (c) or (d) of that section.
``(2) Transferring possession.--An owner of an ammonium
nitrate facility shall not transfer possession of ammonium
nitrate from the ammonium nitrate facility to any person who
is not registered under subsection (c) or (d) of section
899B, or is not an agent of a person registered under
subsection (c) or (d) of that section.
``(3) Other prohibitions.--No person shall--
``(A) buy and take possession of ammonium nitrate without a
registration number required under subsection (c) or (d) of
section 899B;
``(B) own or operate an ammonium nitrate facility without a
registration number required under section 899B(c); or
``(C) fail to comply with any requirement or violate any
other prohibition under this subtitle.
``(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
``(c) Penalty Considerations.--In determining the amount of
a civil penalty under this section, the Secretary shall
consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the
penalty, and any effect the penalty is likely to have on the
ability of such person to do business; and
``(3) any other matter that the Secretary determines that
justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil
penalty may be assessed under this subtitle unless the person
liable for the penalty has been given notice and an
opportunity for a hearing on the violation for which the
penalty is to be assessed in the county, parish, or
incorporated city of residence of that person.
``(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues of
a final rule implementing this subtitle.

``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

``(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or
to appropriate law enforcement authorities an actual or
attempted purchase or transfer of ammonium nitrate, based
upon a reasonable belief that the person seeking purchase or
transfer of ammonium nitrate may use the ammonium nitrate to
create an explosive device to be employed in an act of
terrorism (as defined in section 3077 of title 18, United
States Code), or to use ammonium nitrate for any other
unlawful purpose, shall not be liable in any civil action
relating to that refusal to sell ammonium nitrate or that
disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.

``SEC. 899H. PREEMPTION OF OTHER LAWS.

``(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws
are inconsistent with this subtitle, except that this
subtitle shall not preempt any State law that provides
additional protection against the acquisition of ammonium
nitrate by terrorists or the use of ammonium nitrate in
explosives in acts of terrorism or for other illicit
purposes, as determined by the Secretary.

[[Page S10202]]

``SEC. 899I. DEADLINES FOR REGULATIONS.

``The Secretary--
``(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
``(2) issue a final rule implementing this subtitle not
later than 1 year after such date of enactment.

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the
Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009 through
2012.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 899 the following:

``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
______

SA 2503. Mr. MARTINEZ (for himself, Mr. Kyl, and Mr. Graham)
submitted an amendment intended to be proposed to amendment SA 2383
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R.
2638, making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2008, and for other purposes; as
follows:

On page 69, after line 24, add the following:
Sec. 536. (a) Use of Biometric Social Security Cards to
Establish Employment Authorization and Identity.--Section
274A(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(b)(1)(B)) is amended--
(1) in clause (ii)(III), by striking ``use.'' and inserting
``use; or''; and
(2) by adding at the end the following:
``(iii) social security card (other than a card that
specifies on its face that the card is not valid for
establishing employment authorization in the United States)
that bears a photograph and meets the standards established
under section 536(c) of the Department of Homeland Security
Appropriations Act, 2008, upon the recommendation of the
Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, pursuant to section
536(e)(1) of such Act.''.
(b) Access to Social Security Card Information.--Section
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is
amended by adding at the end the following:
``(I) As part of the employment eligibility verification
system established under section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a), the Commissioner of Social
Security shall provide to the Secretary of Homeland Security
access to any photograph, other feature, or information
included in the social security card.''.
(c) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant
Social Security Cards.--
(1) Issuance.--Not later than first day of the second
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (f), the
Commissioner of Social Security shall begin to administer and
issue fraud-resistant, tamper-resistant, and wear-resistant
social security cards displaying a photograph.
(2) Interim.--Not later than the first day of the seventh
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (f), the
Commissioner of Social Security shall issue only fraud-
resistant, tamper-resistant, and wear-resistant social
security cards displaying a photograph.
(3) Completion.--Not later than the first day of the tenth
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (f), all social
security cards that are not fraud-resistant, tamper-
resistant, and wear-resistant shall be invalid for
establishing employment authorization for any individual 16
years of age or older.
(4) Exemption.--Nothing in this section shall require an
individual under the age of 16 years to be issued or to
present for any purpose a social security card described in
this subsection. Nothing in this section shall prohibit the
Commissioner of Social Security from issuing a social
security card not meeting the requirements of this subsection
to an individual under the age of 16 years who otherwise
meets the eligibility requirements for a social security
card.
(d) Duties of the Social Security Administration.--The
Commissioner of Social Security--
(1) shall issue a social security card to an individual at
the time of the issuance of a social security account number
to such individual, which card shall--
(A) contain such security and identification features as
determined by the Secretary of Homeland Security, in
consultation with the Commissioner; and
(B) be fraud-resistant, tamper-resistant, and wear-
resistant;
(2) shall, in consultation with the Secretary of Homeland
Security, issue regulations specifying such particular
security and identification features, renewal requirements
(including updated photographs), and standards for the social
security card as necessary to be acceptable for purposes of
establishing identity and employment authorization under the
immigration laws of the United States; and
(3) may not issue a replacement social security card to any
individual unless the Commissioner determines that the
purpose for requiring the issuance of the replacement
document is legitimate.
(e) Reporting Requirements.--
(1) Report on the use of identification documents.--Not
later than the first day of the tenth fiscal year in which
amounts are appropriated pursuant to the authorization of
appropriations in subsection (f), the Secretary of Homeland
Security shall submit to Congress a report recommending which
documents, if any, among those described in section
274A(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(b)(1)(B)), should continue to be used to
establish identity and employment authorization in the United
States.
(2) Report on implementation.--Not later than 12 months
after the date on which the Commissioner begins to administer
and issue fraud-resistant, tamper-resistant, and wear-
resistant cards under subsection (c)(1) of this section, and
annually thereafter, the Commissioner shall submit to
Congress a report on the implementation of this section. The
report shall include analyses of the amounts needed to be
appropriated to implement this section, and of any measures
taken to protect the privacy of individuals who hold social
security cards described in this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.
______

SA 2504. Mr. LEVIN (for himself, Mr. Tester, Ms. Stabenow, and Mr.
Dorgan) submitted an amendment intended to be proposed to amendment SA
2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill
H.R. 2638, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2008, and for other
purposes; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF CONGRESS.

It is the sense of Congress that sufficient funds should
be appropriated to allow the Secretary to increase the number
of personnel of United States Customs and Border Protection
protecting the northern border by 1,517 officers and 788
agents, as authorized by--
(1) section 402 of the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law
107-56);
(2) section 331 of the Trade Act of 2002 (Public Law 107-
210); and
(3) section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
______

SA 2505. Mr. DORGAN (for himself, Mr. Conrad, and Mr. Byrd) proposed
an amendment to amendment SA 2468 proposed by Ms. Landrieu to the
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

At the end of the amendment, add the following:
Sec. 536. (a) Enhanced Reward for Capture of Osama Bin
Laden.--Section 36(e)(1) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(1)) is amended by
adding at the end the following new sentence: ``The Secretary
shall authorize a reward of $50,000,000 for the capture or
killing, or information leading to the capture or death, of
Osama bin Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other
Leaders of Al Qaeda to Justice.--
(1) Reports required.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State and the Secretary of
Defense shall, in coordination with the Director of National
Intelligence, jointly submit to Congress a report on the
progress made in bringing Osama bin Laden and other leaders
of al Qaeda to justice.
(2) Elements.--Each report under paragraph (1) shall
include, current as of the date of such report, the
following:
(A) An assessment of the likely current location of
terrorist leaders, including Osama bin Laden, Ayman al-
Zawahiri, and other key leaders of al Qaeda.
(B) A description of ongoing efforts to bring to justice
such terrorist leaders, particularly those who have been
directly implicated in attacks in the United States and its
embassies.

[[Page S10203]]

(C) An assessment of whether the government of each
country assessed as a likely location of top leaders of al
Qaeda has fully cooperated in efforts to bring those leaders
to justice.
(D) A description of diplomatic efforts currently being
made to improve the cooperation of the governments described
in subparagraph (C).
(E) A description of the current status of the top
leadership of al Qaeda and the strategy for locating them and
bringing them to justice.
(F) An assessment of whether al Qaeda remains the
terrorist organization that poses the greatest threat to
United States interests, including the greatest threat to the
territorial United States.
(3) Form of report.--Each report submitted to Congress
under paragraph (1) shall be submitted in a classified form,
and shall be accompanied by a report in unclassified form
that redacts the classified information in the report.
______

SA 2506. Mr. NELSON of Nebraska (for himself and Mr. Leahy) submitted
an amendment intended to be proposed to amendment SA 2383 proposed by
Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

On page 35, line 24, strike ``to be allocated'' and all
that follows through ``3714)'' on line 26 and insert the
following: ``of which, each State shall be allocated not less
than 0.75 percent of the total amount appropriated in this
paragraph, except that the Virgin Islands, America Samoa,
Guam, and the Northern Mariana Islands each shall be
allocated not less than 0.25 percent of the total amount
appropriated in this paragraph''.
______

SA 2507. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, between after line 24, add the following:
Sec. 536. (a) Study on Implementation of Voluntary
Provision of Emergency Services Program.--(1) Not later than
180 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration
shall conduct a study on the implementation of the voluntary
provision of emergency services program established pursuant
to section 44944(a) of title 49, United States Code (referred
to in this section as the ``program'').
(2) As part of the study required by paragraph (1), the
Administrator shall assess the following:
(A) Whether training protocols established by air carriers
and foreign air carriers include training pertinent to the
program and whether such training is effective for purposes
of the program.
(B) Whether employees of air carriers and foreign air
carriers responsible for implementing the program are
familiar with the provisions of the program.
(C) The degree to which the program has been implemented in
airports.
(D) Whether a helpline or other similar mechanism of
assistance provided by an air carrier, foreign air carrier,
or the Transportation Security Administration should be
established to provide assistance to employees of air
carriers and foreign air carriers who are uncertain of the
procedures of the program.
(3) In making the assessment required by paragraph (2)(C),
the Administrator may make use of unannounced interviews or
other reasonable and effective methods to test employees of
air carriers and foreign air carriers responsible for
registering law enforcement officers, firefighters, and
emergency medical technicians as part of the program.
(4)(A) Not later than 60 days after the completion of the
study required by paragraph (1), the Administrator shall
submit to Congress a report on the findings of such study.
(B) The Administrator shall make such report available to
the public by Internet web site or other appropriate method.
(b) Publication of Report Previously Submitted.--The
Administrator shall make available to the public on the
Internet web site of the Transportation Security
Administration or the Department of Homeland Security the
report required by section 554(b) of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-
295).
(c) Mechanism for Reporting Problems.--The Administrator
shall develop a mechanism on the Internet web site of the
Transportation Security Administration or the Department of
Homeland Security by which first responders may report
problems with or barriers to volunteering in the program.
Such mechanism shall also provide information on how to
submit comments related to volunteering in the program.
(d) Air Carrier and Foreign Air Carrier Defined.--In this
section, the terms ``air carrier'' and ``foreign air
carrier'' have the meaning given such terms in section 40102
of title 49, United States Code.
______

SA 2508. Mr. LIEBERMAN (for herself, Ms. Collins, and Mr. Carper)
submitted an amendment intended to be proposed to amendment SA 2383
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R.
2638, making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2008, and for other purposes; as
follows:

On page 35, line 15, strike ``costs.'' and insert the
following: ``costs: Provided further, That of the total
amount made available under this heading, $1,000,000 shall be
to develop a web-based version of the National Fire Incident
Reporting System that will ensure that fire-related data can
be submitted and accessed by fire departments in real
time.''.

On page 5, line 3, strike ``expenses.'' and insert the
following: ``expenses: Provided, That the Director of
Operations Coordination shall encourage rotating State and
local fire service representation at the National Operations
Center.''.
______

SA 2509. Mrs. McCASKILL (for herself, Mr. Obama, Mr. Pryor, Ms.
Landrieu, Mr. Lieberman, and Mr. Kerry) submitted an amendment intended
to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes; as follows:

On page 5, line 20, before the period, insert the
following: ``: Provided, That the Inspector General shall
investigate decisions made regarding, and the policy of the
Federal Emergency Management Agency relating to, formaldehyde
in trailers in the Gulf Coast region, the process used by the
Federal Emergency Management Agency for collecting,
reporting, and responding to health and safety concerns of
occupants of housing supplied by the Federal Emergency
Management Agency (including such housing supplied through a
third party), and whether the Federal Emergency Management
Agency adequately addressed public health and safety issues
of households to which the Federal Emergency Management
Agency provides disaster housing (including whether the
Federal Emergency Management Agency adequately notified
recipients of such housing, as appropriate, of potential
health and safety concerns and whether the institutional
culture of the Federal Emergency Management Agency properly
prioritizes health and safety concerns of recipients of
assistance from the Federal Emergency Management Agency), and
submit a report to Congress relating to that investigation,
including any recommendations''.

On page 35, line 15, before the period, insert the
following: ``: Provided further, That not later than 30 days
after the date of enactment of this Act, the Administrator of
the Federal Emergency Management Agency shall, as
appropriate, update training practices for all customer
service employees, employees in the Office of General
Counsel, and other appropriate employees of the Federal
Emergency Management Agency relating to addressing health
concerns of recipients of assistance from the Federal
Emergency Management Agency''.

On page 40, line 24, before the period, insert the
following: ``: Provided further, That not later than 15 days
after the date of enactment of this Act, the Administrator of
the Federal Emergency Management Agency shall submit to the
Committee on Appropriations and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
detailing the actions taken as of that date, and any actions
the Administrator will take, regarding the response of the
Federal Emergency Management Agency to concerns over
formaldehyde exposure, which shall include a description of
any disciplinary or other personnel actions taken, a detailed
policy for responding to any reports of potential health
hazards posed by any materials provided by the Federal
Emergency Management Agency (including housing, food, water,
or other materials), and a description of any additional
resources needed to implement such policy: Provided further,
That the Administrator of the Federal Emergency Management
Agency, in conjunction with the head of the Office of Health
Affairs of the Department of Homeland Security, the Director
of the Centers for Disease Control and Prevention, and the
Administrator of the Environmental Protection Agency, shall
design a program to scientifically test a representative
sample of travel trailers and mobile homes provided by the
Federal Emergency Management Agency, and surplus travel
trailers and mobile homes to be sold or transferred by the
Federal government on or after the date of enactment of this
Act, for formaldehyde and, not later than 15 days after the
date of enactment of this Act, submit to the Committee on
Appropriations and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the
program designed, including a description of the design of
the testing program and the quantity of and conditions under
which trailers and mobile homes shall be tested and the
justification for such design of the testing: Provided

[[Page S10204]]

further, That in order to protect the health and safety of
disaster victims, the testing program designed under the
previous proviso shall provide for initial short-term
testing, and longer-term testing, as required: Provided
further, That not later than 45 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in conjunction with the head of
the Office of Health Affairs of the Department of Homeland
Security, the Director of the Centers for Disease Control and
Prevention, and the Administrator of the Environmental
Protection Agency, shall, at a minimum, complete the initial
short-term testing described in the previous proviso:
Provided further, That, to the extent feasible, the
Administrator of the Federal Emergency Management Agency
shall use a qualified contractor residing or doing business
primarily in the Gulf Coast Area to carry out the testing
program designed under this heading: Provided further, That,
not later than 30 days after the date that the Administrator
of the Federal Emergency Management Agency completes the
short-term testing under this heading, the Administrator of
the Federal Emergency Management Agency, in conjunction with
the head of the Office of Health Affairs of the Department of
Homeland Security, the Director of the Centers for Disease
Control and Prevention, and the Administrator of the
Environmental Protection Agency, shall submit to the
Committee on Appropriations and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
describing the results of the testing, analyzing such
results, providing an assessment of whether there are any
health risks associated with the results and the nature of
any such health risks, and detailing the plans of the
Administrator of the Federal Emergency Management Agency to
act on the results of the testing, including any need to
relocate individuals living in the trailers or mobile homes
provided by the Federal Emergency Management Agency or
otherwise assist individuals affected by the results, plans
for the sale or transfer of any trailers or mobile homes
(which shall be made in coordination with the Administrator
of General Services), and plans to conduct further testing:
Provided further, That after completing longer-term testing
under this heading, the Administrator of the Federal
Emergency Management Agency, in conjunction with the head of
the Office of Health Affairs of the Department of Homeland
Security, the Director of the Centers for Disease Control and
Prevention, and the Administrator of the Environmental
Protection Agency, shall submit to the Committee on
Appropriations and the Committee on Homeland Security and
Governmental Affairs of the Senate a report describing the
results of the testing, analyzing such results, providing an
assessment of whether any health risks are associated with
the results and the nature of any such health risks,
incorporating any additional relevant information from the
shorter-term testing completed under this heading, and
detailing the plans and recommendations of the Administrator
of the Federal Emergency Management Agency to act on the
results of the testing.
______

SA 2510. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY
VERIFICATION BASIC PILOT PROGRAM.

(a) In General.--The Secretary of Homeland Security shall
improve the basic pilot program described in section 403(a)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) to--
(1) respond to inquiries made by participating employers
through the Internet to help confirm an individual's identity
and determine whether the individual is authorized to be
employed in the United States;
(2) maximize the reliability and ease of use of the basic
pilot program by employers, while insulating and protecting
the privacy and security of the underlying information;
(3) respond accurately to all inquiries made by employers
on whether individuals are authorized to be employed in the
United States;
(4) maintain appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
(5) allow for auditing the use of the system to detect
fraud and identify theft, and to preserve the security of the
information collected through the basic pilot program,
including--
(A) the development and use of algorithms to detect
potential identity theft, such as multiple uses of the same
identifying information or documents;
(B) the development and use of algorithms to detect misuse
of the system by employers and employees; and
(C) the development of capabilities to detect anomalies in
the use of the basic pilot program that may indicate
potential fraud or misuse of the program.
(b) Coordination With State Governments.--If use of an
employer verification system is mandated by State or local
law, the Secretary of Homeland Security, in consultation with
appropriate State and local officials, shall--
(1) ensure that State and local programs have sufficient
access to the Federal Government's Employment Eligibility
Verification System and ensure that such system has
sufficient capacity to--
(A) register employers in States with employer verification
requirements;
(B) respond to inquiries by employers; and
(C) enter into memoranda of understanding with States to
ensure responses to subparagraphs (A) and (B); and
(2) develop policies and procedures to ensure protection of
the privacy and security of personally identifiable
information and identifiers contained in the basic pilot
program, including appropriate privacy and security training
for State employees.
(c) Responsibilities of the Social Security
Administration.--In order to prevent identity theft, protect
employees, and reduce the burden on employers, the
Commissioner of Social Security, in consultation with the
Secretary of Homeland Security, shall--
(1) review the Social Security Administration databases and
information technology to identify any deficiencies and
discrepancies related to name, birth date, citizenship
status, or death records of the social security accounts and
social security account holders that are likely to contribute
to fraudulent use of documents, identity theft, or affect the
proper functioning of the basic pilot program;
(2) work to correct any errors identified under paragraph
(1); and
(3) work to ensure that a system for identifying and
promptly correcting such deficiencies and discrepancies is
adopted to ensure the accuracy of the Social Security
Administration's databases.
(d) Rulemaking.--The Secretary is authorized, with notice
to the public provided in the Federal Register, to issue
regulations concerning operational and technical aspects of
the basic pilot program and the efficiency, accuracy, and
security of such program.
(e) Funding.--Of the amounts appropriated for border
security under section 1003, $60,000,000 shall be used to
carry out this section, including the expansion and base
operations of the Employment Eligibility Verification Basic
Pilot Program.
______

SA 2511. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC.--. OPERATION JUMP START.

(a) Additional Amount for Operation and Maintenance,
Defense-Wide Activities.--The amount authorized to be
appropriated for operation and maintenance for Defense-wide
activities is hereby increased by $400,000,000 for the
Department of Defense.
(b) Availability of Amount.--
(1) In general.--Of the amount authorized to be
appropriated for operation and maintenance for Defense-wide
activities, as increased by subsection (a), $400,000,000
shall be available for Operation Jump Start in order to
maintain a significant durational force of National Guard on
the southern land border of the United States to assist the
United States Border Patrol in gaining operational control of
that border.
(2) Supplement not supplant.--The amount available under
paragraph (1) for the purpose specified in that paragraph is
in addition to any other amounts available in this Act for
that purpose.
______

SA 2512. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 16, line 17, insert ``Provided further, That of the
total amount provided under this heading, at least
$236,843,596 shall be used to increase, to the maximum extent
possible, the number of detention beds available to
accommodate aliens detained by the United States Border
Patrol, and in acquiring such detention beds, the Secretary
of Homeland Security shall consider the use of appropriate
portions of military installations approved for closure or
realignment under the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. 2687 note).''.
______

SA 2513. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, insert the following:

SEC. 536. NATIONAL STRATEGY ON CLOSED CIRCUIT TELEVISION
SYSTEMS.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall--

[[Page S10205]]

(1) develop a national strategy for the effective and
appropriate use of closed circuit television to prevent and
respond to acts of terrorism, which shall include--
(A) an assessment of how closed circuit television and
other public surveillance systems can be used most
effectively as part of an overall terrorism preparedness,
prevention, and response program, and its appropriate role in
such a program;
(B) a comprehensive examination of the advantages and
limitations of closed circuit television and, as appropriate,
other public surveillance technologies;
(C) best practices on camera use and data storage;
(D) plans for coordination between the Federal Government
and State and local governments, and the private sector--
(i) in the development and use of closed circuit television
systems; and
(ii) for Federal assistance and support for State and local
utilization of such systems;
(E) plans for pilot programs or other means of determining
the real-world efficacy and limitations of closed circuit
television systems;
(F) an assessment of privacy and civil liberties concerns
raised by use of closed circuit television and other public
surveillance systems, and guidelines to address such
concerns; and
(G) an assessment of whether and how closed circuit
television systems and other public surveillance systems are
effectively utilized by other democratic countries in
combating terrorism; and
(2) provide to the Committees on Homeland Security and
Governmental Affairs, Appropriations, and the Judiciary of
the Senate and the Committees on Homeland Security,
Appropriations, and the Judiciary of the House of
Representatives a report that includes--
(A) the strategy required under paragraph (1);
(B) the status and findings of any pilot program involving
closed circuit televisions or other public surveillance
systems conducted by, in coordination with, or with the
assistance of the Department of Homeland Security up to the
time of the report; and
(C) the annual amount of funds used by the Department of
Homeland Security, either directly by the Department or
through grants to State, local, or tribal governments, to
support closed circuit television and the public surveillance
systems of the Department, since fiscal year 2004.
(b) Consultation.--In preparing the strategy and report
required under subsection (a), the Secretary of Homeland
Security shall consult with the Attorney General, the Chief
Privacy Officer of the Department of Homeland Security, and
the Officer for Civil Rights and Civil Liberties of the
Department of Homeland Security.
______

SA 2514. Ms. CANTWELL (for herself and Ms. Snowe) submitted an
amendment intended to be proposed to amendment SA 2638 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

On page 22, beginning in line 17, strike ``Provided,'' and
insert ``Provided, That no funds shall be available for
procurements related to the acquisition of additional major
assets as part of the Integrated Deepwater Systems program
not already under contract until an Alternatives Analysis has
been completed by an independent qualified third party:
Provided further, That no funds contained in this Act shall
be available for procurement of the third National Security
Cutter until an Alternatives Analysis has been completed by
an independent qualified third party: Provided further,''.
______

SA 2515. Mrs. FEINSTEIN (for herself, Mr. Martinez, Mrs. Boxer, and
Mr. Nelson of Florida) submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:
Sec. 536.  None of the funds made available to the U.S.
Customs and Border Protection may be expended or obligated to
compensate personnel in the position of Agricultural
Specialist to perform work that is not related to
agricultural inspection, agricultural pest interception, or
other duties germane to the mission of agricultural
inspection.
______

SA 2516. Mr. SALAZAR (for himself, Mr. Menendez, Mr. Martinez, and
Mr. Graham) submitted an amendment intended to be proposed to amendment
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill
H.R. 2638, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2008, and for other
purposes; as follows:

SECTION 1. BORDER SECURITY REQUIREMENTS FOR LAND AND MARITIME
BORDERS OF THE UNITED STATES.

(a) Operational Control of the United States Borders.--
Notwithstanding any provision in this Act, the President
shall ensure that operational control of all international
land and maritime borders is achieved.
(b) Achieving Operational Control.--The Secretary of
Homeland Security shall establish and demonstrate operational
control of 100 percent of the international land and maritime
borders of the United States, including the ability to
monitor such borders through available methods and
technology.
(1) Staff enhancements for border patrol.--The United
States Customs and Border Protection Border Patrol may hire,
train, and report for duty additional full-time agents. These
additional agents shall be deployed along all international
borders.
(2) Strong border barriers.--The United States Customs and
Border Protection Border Patrol may:
(A) Install along all international borders of the United
States vehicle barriers;
(B) Install along all international borders of the United
States ground-based radar and cameras; and
(C) Deploy for use along all international borders of the
United States unmanned aerial vehicles, and the supporting
systems for such vehicles;
(c) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter, the
President shall submit a report to Congress detailing the
progress made in funding, meeting or otherwise satisfying
each of the requirements described under paragraphs (1) and
(2).
(2) Progress not sufficient.--If the President determines
that sufficient progress is not being made, the President
shall include in the report required under paragraph (1)
specific funding recommendations, authorization needed, or
other actions that are or should be undertaken by the
Secretary of Homeland Security.

SEC. 2. APPROPRIATIONS FOR SECURING LAND AND MARITIME BORDERS
OF THE UNITED STATES.

Any funds appropriated under this Act shall be used to
ensure operational control is achieved for all international
land and maritime borders of the United States.
______

SA 2517. Mr. GRASSLEY (for himself, Mr. Thune, Mr. Vitter, Mr.
Coburn, Mr. Crapo, Mr, Hagel, and Mr. Wyden) submitted an amendment
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations
for the Department of Homeland Security for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

On page 54, line 24, after ``House of Representatives''
insert ``and any Member of Congress representing any affected
State or district''.
______

SA 2518. Mr. KYL (for himself, Mr. Martinez) submitted an amendment
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations
for the Department of Homeland Security for the fiscal year ending
September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY
VERIFICATION BASIC PILOT PROGRAM.

Of the amounts appropriated for border security and
employment verification improvements under section 1003,
$60,000,000 shall be made available to--
(1) ensure that State and local programs have sufficient
access to, and are sufficiently coordinated with, the Federal
Government's Employment Eligibility Verification System;
(2) ensure that such system has sufficient capacity to--
(A) register employers in States with employer verification
requirements;
(B) respond to inquiries by employers; and
(C) enter into memoranda of understanding with States to
ensure responses to subparagraphs (A) and (B); and
(3) develop policies and procedures to ensure protection of
the privacy and security of personally identifiable
information and identifiers contained in the basic pilot
program, including appropriate privacy and security training
for State employees.
______

SA 2519. Mr. OBAMA (for himself, Mr. Coburn, Mr. Casey, and Mr.
Durbin) submitted an amendment intended to be proposed to amendment SA
2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill
H.R. 2638, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2008, and for other
purposes; as follows:

On page 69, after line 24, insert the following:
Sec. 536.  None of the funds appropriated or otherwise made
available by this Act may be

[[Page S10206]]

used to enter into a contract in an amount greater than 5
million or to award a grant in excess of such amount unless
the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that the contractor
or grantee has no unpaid Federal tax assessments, that the
contractor or grantee has entered into an installment
agreement or offer in compromise that has been accepted by
the IRS to resolve any unpaid Federal tax assessments, or, in
the case of unpaid Federal tax assessments other than for
income, estate, and gift taxes, that the liability for the
unpaid assessments is the subject of a non frivolous
administrative or judicial appeal. For purposes of the
preceding sentence, the certification requirement of part
52.209-5 of the Federal Acquisition Regulation shall also
include a requirement for a certification by a prospective
contractor of whether, within the three-year period preceding
the offer for the contract, the prospective contractor--
(1) has or has not been convicted of or had a civil
judgment or other judicial determination rendered against the
contractor for violating any tax law or failing to pay any
tax;
(2) has or has not been notified of any delinquent taxes
for which the liability remains unsatisfied; or
(3) has or has not received a notice of a tax lien filed
against the contractor for which the liability remains
unsatisfied or for which the lien has not been released.
______

SA 2520. Mrs. DOLE submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, add the following:

SEC. 536. DISASTER RELIEF FUND.

Notwithstanding any other provision of this Act, funds
appropriated under this Act for the Disaster Relief Fund may
only be used for programs and activities authorized by the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122 et seq.).
______

SA 2521. Mr. ROBERTS (for himself and Ms. Brownback) submitted an
amendment intended to be proposed to amendment SA 2383 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:
Sec. __. (a) In this section:
(1) The term ``covered funds'' means funds provided under
section 173 of the Workforce Investment Act of 1998 (29
U.S.C. 2918) to a State that submits an application under
that section not earlier than May 4, 2007, for a national
emergency grant to address the effects of the May 4, 2007,
Greensburg, Kansas tornado.
(2) The term ``professional municipal services'' means
services that are necessary to facilitate the recovery of
Greensburg, Kansas from that tornado, and necessary to plan
for or provide basic management and administrative services,
which may include--
(A) the overall coordination of disaster recovery and
humanitarian efforts, oversight, and enforcement of building
code compliance, and coordination of health and safety
response units; or
(B) the delivery of humanitarian assistance to individuals
affected by that tornado.
(b) Covered funds may be used to provide temporary public
sector employment and services authorized under section 173
of such Act to individuals affected by such tornado,
including individuals who were unemployed on the date of the
tornado, or who are without employment history, in addition
to individuals who are eligible for disaster relief
employment under section 173(d)(2) of such Act.
(c) Covered funds may be used to provide professional
municipal services for a period of not more than 24 months,
by hiring or contracting with individuals or organizations
(including individuals employed by contractors) that the
State involved determines are necessary to provide
professional municipal services.
(d) Covered funds expended under this section may be spent
on costs incurred not earlier than May 4, 2007.
______

SA 2522. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr.
Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. 536. NATIONAL TRANSPORTATION SECURITY CENTER OF
EXCELLENCE.

If the Secretary of Homeland Security establishes a
National Transportation Security Center of Excellence to
conduct research and education activities, and to develop or
provide professional security training, including the
training of transportation employees and transportation
professionals, the Mineta Transportation Institute at San
Jose State University shall be included as a member
institution of such Center.
______

SA 2523. Mr. KERRY (for himself and Mr. Hatch) submitted an amendment
intended to be proposed by him to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR
ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

(a) Short Title.--This section may be cited as the ``Arts
Require Timely Service Act'' or the ``ARTS Act''.
(b) Amendment.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (6)(D)--
(A) by striking ``(D) Any person'' and inserting the
following:
``(D)(i) Except as provided under clause (ii), any
person''; and
(B) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate
each petition for an alien who has extraordinary ability in
the arts (as described in section 101(a)(15)(O)(i)), an alien
accompanying such an alien (as described in clauses (ii) and
(iii) of section 101(a)(15)(O)), or an alien described in
section 101(a)(15)(P) not later than 30 days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
appropriate opportunity to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not
adjudicated before the end of the 30-day period described in
clause (ii) and the petitioner is a qualified nonprofit
organization or an individual or entity petitioning primarily
on behalf of a qualified nonprofit organization, the
Secretary of Homeland Security shall provide the petitioner
with the premium-processing services referred to in section
286(u), without a fee.''.
______

SA 2524. Mr. COLEMAN (for himself and Mr. Allard, Ms. Klobuchar, and
Mr. Salazar) submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

At the end of the bill, insert the following:
Sec. __.  Of amounts appropriated under section 1003,
$100,000,000, with $50,000,000 each to the Cities of Denver,
Colorado, and St. Paul, Minnesota, shall be available for
State and local law enforcement entities for security and
related costs, including overtime, associated with the
Democratic National Conventional and Republican National
Convention in 2008. Amounts provided by this section are
designated as an emergency requirement pursuant to section
204 of S. Con. Res. 21 (110th Congress).
______

SA 2525. Ms. LANDRIEU proposed an amendment to amendment SA 2383
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R.
2638, making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2008, and for other purposes; as
follows:

On page 69, after line 24, add the following:

SEC. 536. EVACUATION AND SHELTERING.

(a) Regional Evacuation and Sheltering Plans.--
(1) In general.--Not later than 360 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the heads
of appropriate Federal agencies with responsibilities under
the National Response Plan or any successor plan, States,
local governments, and appropriate nongovernmental
organizations, shall develop and submit to Congress, regional
evacuation and sheltering plans that--
(A) are nationally coordinated;
(B) incorporate all appropriate modes of transportation,
including interstate rail, commercial rail, commercial air,
military air, and commercial bus;
(C) clearly define the roles and responsibilities of
Federal, State, and local governments in the evacuation plan;
and
(D) identify regional and national shelters capable of
housing evacuees and victims of an emergency or major
disaster in any part of the United States.
(2) Implementation.--After developing the plans described
in paragraph (1), the Administrator of the Federal Emergency
Management Agency and the head of any Federal

[[Page S10207]]

agency with responsibilities under those plans shall take
necessary measures to be able to implement those plans,
including conducting exercises under such plans as
appropriate.
(b) National Sheltering Database.--The Administrator of the
Federal Emergency Management Agency, in coordination with
States, local governments, and appropriate nongovernmental
entities, shall develop a national database inventorying
available shelters, that can be shared with States and local
governments.
(c) Cost-Benefit Analysis.--
(1) In general.--The Administrator of the Federal Emergency
Management Agency, in consultation with the heads of
appropriate Federal agencies with responsibilities under the
National Response Plan or any successor plan, shall conduct
an analysis comparing the costs, benefits, and health and
safety concerns of evacuating individuals with special needs
during an emergency or major disaster, as compared to the
costs, benefits, and safety concerns of sheltering such
people in the area they are located when that emergency or
major disaster occurs.
(2) Considerations.--In conducting the analysis under
paragraph (1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) areas with populations of not less than 20,000
individual needing medical assistance or lacking the ability
to self evacuate;
(B) areas that do not have an all hazards resistance
shelter; and
(C) the health and safety of individuals with special
needs.
(3) Technical assistance.--The Administrator of the Federal
Emergency Management Agency shall, as appropriate, provide
technical assistance to States and local governments in
developing and exercising evacuation and sheltering plans,
which identify and use regional shelters, manpower,
logistics, physical facilities, and modes of transportation
to be used to evacuate and shelter large groups of people.
(d) Definitions.--In this section, the terms ``emergency''
and ``major disaster'' have the meanings given those terms in
section 102 of ther Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
______

SA 2526. Ms. COLLINS (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 2338 proposed by Mr.
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert:
Of the funds provided under this Act or any other Act to
United States Citizenship and Immigration Services, not less
than $1,000,000 shall be provided for a benefits fraud
assessment of the H-1B Visa Program.
______

SA 2527. Mrs. MURRAY (for Ms. Landrieu) proposed an amendment to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. IN-LIEU CONTRIBUTION.

The Administrator of the Federal Emergency Management
Agency shall authorize a large in-lieu contribution under
section 406(c)(1) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) to the
Peebles School in Iberia Parish, Louisiana for damages
relating to Hurricane Katrina of 2005 or Hurricane Rita of
2005, notwithstanding section 406(c)(1)(C) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)(1)(C)).

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