To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

TEXT OF AMENDMENTS

SA 3033. Mr. Demint submitted an amendment intended to be proposed to
amendment SA 2237 submitted by Mr. Durbin (for himself, Mr. Hagel, Mr.
Lugar, Mr. Leahy, Mr. Obama, Mr. Lieberman, Mrs. Feinstein, Mr. Kerry,
Mr. Feingold, Mrs. Clinton, Mr. Bayh, Mr. Menendez, Mrs. Murray, Mrs.
Boxer, Ms. Cantwell, Mr. Salazar, and Mr. Dodd) and intended to be
proposed to the bill H.R. 1585, to authorize appropriations for fiscal
year 2008 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 19, after line 3, add the following:

SEC. 3313. EFFECTIVE DATE TRIGGERS.

(a) In General.--This title shall take effect on the date
on which the Secretary of Homeland Security submits a written
certification to the President and Congress, based on
analysis by and in consultation with the Comptroller General,
that each of the following border security and other measures
are established, funded, and operational:
(1) Operational control of the international border with
mexico.--The Secretary of Homeland Security has established
and demonstrated 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 Commissioner
of United States Customs and Border Protection Border Patrol
has hired, trained, and reporting for duty 20,000 full-time
agents as of the date of the certification under this
subsection.
(3) Strong border barriers.--There have been--
(A) installed along the international land border between
the United States and Mexico as of the date of the
certification under this subsection, at least--
(i) 300 miles of vehicle barriers;
(ii) 370 miles of fencing; and

[[Page S12069]]

(iii) 105 ground-based radar and camera towers; and
(B) deployed for use along the along the international land
border between the United States and Mexico, as of the date
of the certification under this subsection, 4 unmanned aerial
vehicles, and the supporting systems for such vehicles.
(4) Catch and return.--The Secretary of Homeland Security
is detaining 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 has the resources to maintain this practice,
including the resources necessary to detain up to 31,500
aliens per day on an annual basis.
(5) Workplace enforcement tools.--The Secretary of Homeland
Security has established, and is using, secure and effective
identification tools to prevent unauthorized workers from
obtaining employment in the United States. Such
identification tools shall include establishing--
(A) strict standards for identification documents that are
required to be presented by the alien to an employer in the
hiring process, including the use of secure documentation
that--
(i) contains--

(I) a photograph of the alien; and
(II) biometric data identifying the alien; or

(ii) complies with the requirements for such documentation
under the REAL ID Act of 2005 (division B of Public Law 109-
13); and
(B) an electronic employment eligibility verification
system that is capable of querying Federal and State
databases in order to restrict fraud, identity theft, and use
of false social security numbers in the hiring of aliens by
an employer by electronically providing a digitized version
of the photograph on the alien's original Federal or State
issued document or documents for verification of that alien's
identity and work eligibility.
(b) Sense of Congress.--It is the sense of Congress that
the border security and other measures described in
subsection (a) should be completed as soon as practicable,
subject to the necessary appropriations.
(c) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
the 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 that describes--
(A) the progress made in funding, meeting, or otherwise
satisfying each of the requirements described in subsection
(a); and
(B) 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 report
required under paragraph (1) shall contain specific funding
recommendations, authorization needed, or other actions that
are or should be undertaken by the Secretary of Homeland
Security.
(d) GAO Report.--Not later than 30 days after the
certification is submitted under subsection (a), the
Comptroller General shall submit a report to Congress on the
accuracy of such certification.
(e) Certification of Implementation of Existing Provisions
of Law.--
(1) In general.--In addition to the requirements under
subsection (a), at such time as any of the provisions
described in paragraph (2) have been satisfied, the Secretary
of the department or agency responsible for implementing such
requirements shall certify to the President that the
provisions of paragraph (2) have been satisfied.
(2) Existing law.--A certification may not be made under
paragraph (1) unless the following provisions of existing law
have been fully implemented, as directed by the Congress:
(A) The Department of Homeland Security has achieved and
maintained operational control over the entire international
land and maritime borders of the United States as required
under the Secure Fence Act of 2006 (Public Law 109-367).
(B) The total miles of fence required under the Secure
Fence Act of 2006 have been constructed.
(C) All databases maintained by the Department of Homeland
Security that contain information on aliens are fully
integrated as required by section 202 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
(D) The Secretary of Homeland Security has implemented a
system to record the departure of every alien departing the
United States and of matching records of departure with the
records of arrivals in the United States through the US-VISIT
program as required by section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1221 note).
(E) The provision of law that prevents States and
localities from adopting ``sanctuary'' policies or that
prevents State and local employees from communicating with
the Department of Homeland Security are being fully enforced
as required by section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).
(F) The Department of Homeland Security maintains fully
operational equipment at each port of entry and uses such
equipment in a manner that allows unique biometric
identifiers to be compared and visas, travel documents,
passports, and other documents authenticated in accordance
with section 303 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1732).
(G) An alien with a border crossing card cannot enter the
United States until the biometric identifier on the border
crossing card is matched against the alien in accordance with
section 101(a)(6) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(6)).
(H) Any alien who is likely to become a public charge is
denied entry into the United States pursuant to section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)).
(f) Presidential Review of Certifications.--
(1) In general.--Not later than 60 days after the President
has received a certification under subsection (e), the
President may approve or disapprove the certification. Any
Presidential disapproval of a certification shall be made if
the President believes that the relevant requirements set
forth in subsection (e) have not been met.
(2) Disapproval.--If the President disapproves a
certification, the President shall provide the Secretary of
the department or agency that made such certification with a
notice that contains a description of the manner in which the
requirement was not met. The Secretary of the department or
agency responsible for implementing such requirement shall
continue to work to implement such requirement.
(3) Continuation of implementation.--The Secretary of the
department or agency responsible for implementing a
requirement described in subsection (e) shall consider a
certification submitted under subsection (e) to be approved
unless the Secretary receives the notice set forth in
paragraph (2). If a certification is deemed approved, the
Secretary of Homeland Security shall continue to ensure that
the requirement continues to be fully implemented as directed
by Congress.
(g) Presidential Certification of Immigration
Enforcement.--
(1) In general.--Not later than 90 days after the final
certification has been approved by the President, the
President shall submit to the Congress a notice of
Presidential Certification of Immigration Enforcement.
(2) Report.--The certification required under paragraph (1)
shall be submitted with an accompanying report that details
such information as is necessary for the Congress to make an
independent determination that each of the immigration
enforcement measures has been fully and properly implemented.
(3) Contents.--The Presidential Certification required
under paragraph (1) shall be submitted--
(A) to the Majority Leader, the Minority Leader, and the
chairman and ranking member of the Committee on the
Judiciary, the Committee on Homeland Security and Government
Affairs, and the Committee on Finance of the Senate; and
(B) to the Speaker, the Majority Leader, the Minority
Leader, and the chairman and ranking member of the Committee
on the Judiciary, the Committee on Homeland Security, and the
Committee on Ways and Means of the House of Representatives.
(h) Congressional Review of Presidential Certification.--
(1) In general.--If a Presidential Certification of
Immigration Enforcement is made by the President under this
section, this title shall not be implemented unless, during
the first 90-calendar day period of continuous session of the
Congress after the date of the receipt by the Congress of
such notice of Presidential Certification of Immigration
Enforcement, Congress passes a Resolution of Presidential
Certification of Immigration Enforcement in accordance with
this subsection, and such resolution is enacted into law.
(2) Procedures applicable to the senate.--
(A) Rulemaking authority.--The provisions under this
paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate,
and as such they are deemed a part of the rules of the
Senate, but applicable only with respect to the procedure to
be followed in the Senate in the case of a Resolution of
Immigration Enforcement, and such provisions supersede other
rules of the Senate only to the extent that they are
inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
(B) Introduction; referral.--
(i) In general.--Not later than the first day on which the
Senate is in session following the day on which any notice of
Presidential Certification of Immigration Enforcement is
received by the Congress, a Resolution of Presidential
Certification of Immigration Enforcement shall be introduced
(by request) in the Senate by either the Majority Leader or
Minority Leader. If such resolution is not introduced as
provided in the preceding sentence, any Senator may introduce
such resolution on the third day on which the Senate is in
session after the date or receipt of the Presidential
Certification of Immigration Enforcement.
(ii) Referral.--Upon introduction, a Resolution of
Presidential Certification of Immigration Enforcement shall
be referred jointly

[[Page S12070]]

to each of the committees having jurisdiction over the
subject matter referenced in the Presidential Certification
of Immigration Enforcement by the President of the Senate.
Upon the expiration of 60 days of continuous session after
the introduction of the Resolution of Presidential
Certification of Immigration Enforcement, each committee to
which such resolution was referred shall make its
recommendations to the Senate.
(iii) Discharge.--If any committee to which is referred a
resolution introduced under paragraph (2)(A) has not reported
such resolution at the end of 60 days of continuous session
of the Congress after introduction of such resolution, such
committee shall be discharged from further consideration of
such resolution, and such resolution shall be placed on the
legislative calendar of the Senate.
(C) Consideration.--
(i) In general.--When each committee to which a resolution
has been referred has reported, or has been discharged from
further consideration of, a resolution described in paragraph
(2)(C), it shall at any time thereafter be in order (even
though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to proceed
to the consideration of such resolution. Such motion shall
not be debatable. If a motion to proceed to the consideration
of such resolution is agreed to, such resolution shall remain
the unfinished business of the Senate until the disposition
of such resolution.
(ii) Debate.--Debate on a resolution, and on all debatable
motions and appeals in connection with such resolution, shall
be limited to not more than 30 hours, which shall be divided
equally between Members favoring and Members opposing such
resolution. A motion to further limit debate shall be in
order and shall not be debatable. The resolution shall not be
subject to amendment, to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion
to recommit such resolution shall not be in order.
(iii) Final vote.--Immediately following the conclusion of
the debate on a resolution of approval, and a single quorum
call at the conclusion of such debate if requested in
accordance with the rules of the Senate, the vote on such
resolution shall occur.
(iv) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a resolution of approval shall be
limited to 1 hour of debate.
(D) Receipt of a resolution from the house.--If the Senate
receives from the House of Representatives a Resolution of
Presidential Certification of Immigration Enforcement, the
following procedures shall apply:
(i) The resolution of the House of Representatives shall
not be referred to a committee and shall be placed on the
Senate calendar, except that it shall not be in order to
consider such resolution on the calendar received by the
House of Representatives until such time as the Committee
reports such resolution or is discharged from further
consideration of a resolution, pursuant to this title.
(ii) With respect to the disposition by the Senate with
respect to such resolution, on any vote on final passage of a
resolution of the Senate with respect to such approval, a
resolution from the House of Representatives with respect to
such measures shall be automatically substituted for the
resolution of the Senate.
(3) Procedures applicable to the house of
representatives.--
(A) Rulemaking authority.--The provisions of this paragraph
are enacted by Congress--
(i) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the
rules of the House of Representatives, but applicable only
with respect to the procedure to be followed in the House of
Representatives in the case of Resolutions of Certification
Immigration Enforcement, and such provisions supersede other
rules of the House of Representatives only to the extent that
they are inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the House of Representatives to change the rules (so far as
relating to the procedure of the House of Representatives) at
any time, in the same manner, and to the same extent as in
the case of any other rule of the House of Representatives.
(B) Introduction; referral.--Resolutions of certification
shall upon introduction, be immediately referred by the
Speaker of the House of Representatives to the appropriate
committee or committees of the House of Representatives. Any
such resolution received from the Senate shall be held at the
Speaker's table.
(C) Discharge.--Upon the expiration of 60 days of
continuous session after the introduction of the first
resolution of certification with respect to any measure, each
committee to which such resolution was referred shall be
discharged from further consideration of such resolution, and
such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution
was previously reported by each committee to which it was
referred.
(D) Consideration.--It shall be in order for the Speaker to
recognize a Member favoring a resolution to call up a
resolution of certification after it has been on the
appropriate calendar for 5 legislative days. When any such
resolution is called up, the House of Representatives shall
proceed to its immediate consideration and the Speaker shall
recognize the Member calling up such resolution and a Member
opposed to such resolution for 10 hours of debate in the
House of Representatives, to be equally divided and
controlled by such Members. When such time has expired, the
previous question shall be considered as ordered on the
resolution to adoption without intervening motion. No
amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such
resolution is agreed to or disagreed to.
(E) Receipt of resolution from senate.--If the House of
Representatives receives from the Senate a Resolution of
Certification Immigration Enforcement, the following
procedures shall apply:
(i) Such resolution shall not be referred to a committee.
(ii) With respect to the disposition of the House of
Representatives with respect to such resolution--

(I) the procedure with respect to that or other resolutions
of the House of Representatives shall be the same as if no
resolution from the Senate with respect to such resolution
had been received; but
(II) on any vote on final passage of a resolution of the
House of Representatives with respect to such measures, a
resolution from the Senate with respect to such resolution if
the text is identical shall be automatically substituted for
the resolution of the House of Representatives.

(i) Definitions.--In this section:
(1) Presidential certification of immigration
enforcement.--The term ``Presidential Certification of
Immigration Enforcement'' means the certification required
under this section, which is signed by the President, and
reads as follows:

``Pursuant to the provisions set forth in section 3313 of the
National Defense Authorization Act for Fiscal Year 2008 (the
`Act'), I do hereby transmit the Certification of Immigration
Enforcement, certify that the borders of the United States
are substantially secure, and certify that the following
provisions of the Act have been fully satisfied, the measures
set forth below are fully implemented, and the border
security measures set forth in this section are fully
operational.''.
(2) Certification.--The term ``certification'' means any of
the certifications required under subsection (a).
(3) Immigration enforcement measure.--The term
``immigration enforcement measure'' means any of the measures
required to be certified pursuant to subsection (a).
(4) Resolution of presidential certification of immigration
enforcement.--The term ``Resolution of Presidential
Certification of Immigration Enforcement'' means a joint
resolution of the Congress, the matter after the resolving
clause of which is as follows:

``That Congress approves the certification of the President
of the United States submitted to Congress on ____ that the
national borders of the United States have been secured in
accordance with the provisions set forth in section 3313 of
the National Defense Authorization Act for Fiscal Year
2008.''.
______

SA 3034. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1070. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
PARENTS WHO ARE MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

(a) Child Custody Protection.--Title II of the
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.)
is amended by adding at the end the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

``(a) Limitation on Change of Custody.--If a motion for
change of custody of a child of a servicemember is filed
while the servicemember is deployed in support of a
contingency operation, no court may enter an order modifying
or amending any previous judgment or order, or issue a new
order, that changes the custody arrangement for that child
that existed as of the date of the deployment of the
servicemember, except--
``(1) with the express written consent of the servicemember
to such change; or
``(2) that a court may enter a temporary custody order if
there is clear and convincing evidence that it is in the best
interest of the child.
``(b) Completion of Deployment.--In any preceding covered
by subsection (a)(2), a court shall require that, upon the
return of the servicemember from deployment in support of a
contingency operation, the custody order that was in effect
immediately preceding the date of the deployment of the
servicemember is reinstated.

[[Page S12071]]

``(c) Exclusion of Military Service From Determination of
Child's Best Interest.--If a motion for the change of custody
of the child of a servicemember who was deployed in support
of a contingency operation is filed after the end of the
deployment, no court may consider the absence of the
servicemember by reason of that deployment in determining the
best interest of the child.
``(d) Contingency Operation Defined.--In this section, the
term `contingency operation' has the meaning given that term
in section 101(a)(13) of title 10, United States Code, except
that the term may include such other deployments as the
Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to title II the following new item:
``Sec. 208. Child custody protection.''.
______

SA 3035. Mr. REID (for Mr. Kennedy (for himself and Mr. Smith))
proposed an amendment to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

In lieu of the matter proposed to be stricken insert the
following:

SEC. 1070. HATE CRIMES.

(a) Short Title.--This section may be cited as the
``Matthew Shepard Local Law Enforcement Hate Crimes
Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority
of violent crimes in the United States, including violent
crimes motivated by bias. These authorities can carry out
their responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) A prominent characteristic of a violent crime motivated
by bias is that it devastates not just the actual victim and
the family and friends of the victim, but frequently savages
the community sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(A) The movement of members of targeted groups is impeded,
and members of such groups are forced to move across State
lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(E) Such violence is committed using articles that have
traveled in interstate commerce.
(7) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United
States, through widespread public and private violence
directed at persons because of their race, color, or
ancestry, or perceived race, color, or ancestry. Accordingly,
eliminating racially motivated violence is an important means
of eliminating, to the extent possible, the badges,
incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the
extent possible, the badges, incidents, and relics of
slavery, it is necessary to prohibit assaults on the basis of
real or perceived religions or national origins, at least to
the extent such religions or national origins were regarded
as races at the time of the adoption of the 13th, 14th, and
15th amendments to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local
authorities to work together as partners in the investigation
and prosecution of such crimes.
(10) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States, local jurisdictions,
and Indian tribes.
(c) Definition of Hate Crime.--In this section--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
(d) Support for Criminal Investigations and Prosecutions by
State, Local, and Tribal Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of
any crime that--
(i) constitutes a crime of violence;
(ii) constitutes a felony under the State, local, or Tribal
laws; and
(iii) is motivated by prejudice based on the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, or is a violation of the State, local, or Tribal hate
crime laws.
(B) Priority.--In providing assistance under subparagraph
(A), the Attorney General shall give priority to crimes
committed by offenders who have committed crimes in more than
one State and to rural jurisdictions that have difficulty
covering the extraordinary expenses relating to the
investigation or prosecution of the crime.
(2) Grants.--
(A) In general.--The Attorney General may award grants to
State, local, and Indian law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(B) Office of justice programs.--In implementing the grant
program under this paragraph, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed
through the local infrastructure developed under the grants.
(C) Application.--
(i) In general.--Each State, local, and Indian law
enforcement agency that desires a grant under this paragraph
shall submit an application to the Attorney General at such
time, in such manner, and accompanied by or containing such
information as the Attorney General shall reasonably require.
(ii) Date for submission.--Applications submitted pursuant
to clause (i) shall be submitted during the 60-day period
beginning on a date that the Attorney General shall
prescribe.
(iii) Requirements.--A State, local, and Indian law
enforcement agency applying for a grant under this paragraph
shall--

(I) describe the extraordinary purposes for which the grant
is needed;
(II) certify that the State, local government, or Indian
tribe lacks the resources necessary to investigate or
prosecute the hate crime;
(III) demonstrate that, in developing a plan to implement
the grant, the State, local, and Indian law enforcement
agency has consulted and coordinated with nonprofit,
nongovernmental victim services programs that have experience
in providing services to victims of hate crimes; and
(IV) certify that any Federal funds received under this
paragraph will be used to supplement, not supplant, non-
Federal funds that would otherwise be available for
activities funded under this paragraph.

(D) Deadline.--An application for a grant under this
paragraph shall be approved or denied by the Attorney General
not later than 30 business days after the date on which the
Attorney General receives the application.
(E) Grant amount.--A grant under this paragraph shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(F) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this paragraph, the
award of such grants, and the purposes for which the grant
amounts were expended.
(G) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2008 and 2009.
(e) Grant Program.--
(1) Authority to award grants.--The Office of Justice
Programs of the Department of Justice may award grants, in
accordance with such regulations as the Attorney General may
prescribe, to State, local, or Tribal programs designed to
combat hate crimes committed by juveniles, including programs
to train local law enforcement officers in identifying,
investigating, prosecuting, and preventing hate crimes.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(f) Authorization for Additional Personnel to Assist State,
Local, and Tribal Law Enforcement.--There are authorized to
be appropriated to the Department of the Treasury and the
Department of Justice, including the Community Relations
Service, for fiscal years 2008, 2009, and 2010 such sums as
are necessary to increase the number of personnel to prevent
and respond to alleged violations of section 249 of title 18,
United States Code, as added by this section.
(g) Prohibition of Certain Hate Crime Acts.--

[[Page S12072]]

(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 249. Hate crime acts

``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause bodily
injury to any person, because of the actual or perceived
race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting under
color of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or, through
the use of fire, a firearm, or an explosive or incendiary
device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, national origin,
gender, sexual orientation, gender identity or disability of
any person--
``(i) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--

``(I) death results from the offense; or
``(II) the offense includes kidnaping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.

``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph (A) occurs
during the course of, or as the result of, the travel of the
defendant or the victim--

``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality of
interstate or foreign commerce;

``(ii) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in subparagraph (A);
``(iii) in connection with the conduct described in
subparagraph (A), the defendant employs a firearm, explosive
or incendiary device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)--

``(I) interferes with commercial or other economic activity
in which the victim is engaged at the time of the conduct; or
``(II) otherwise affects interstate or foreign commerce.

``(b) Certification Requirement.--No prosecution of any
offense described in this subsection may be undertaken by the
United States, except under the certification in writing of
the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or any Assistant Attorney General
specially designated by the Attorney General that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor
underlying the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does not
intend to exercise jurisdiction;
``(B) the State has requested that the Federal Government
assume jurisdiction;
``(C) the State does not object to the Federal Government
assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to State
charges left demonstratively unvindicated the Federal
interest in eradicating bias-motivated violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense
under this section, evidence of expression or associations of
the defendant may not be introduced as substantive evidence
at trial, unless the evidence specifically relates to that
offense. However, nothing in this section affects the rules
of evidence governing impeachment of a witness.''.
(2) Technical and conforming amendment.--The analysis for
chapter 13 of title 18, United States Code, is amended by
adding at the end the following:

``249. Hate crime acts.''.
(h) Statistics.--
(1) In general.--Subsection (b)(1) of the first section of
the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended
by inserting ``gender and gender identity,'' after ``race,''.
(2) Data.--Subsection (b)(5) of the first section of the
Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by
inserting ``, including data about crimes committed by, and
crimes directed against, juveniles'' after ``data acquired
under this section''.
(i) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
______

SA 3036. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XV, add the following:

SEC. 1535. NO INFRINGEMENT ON THE SOVEREIGN RIGHTS OF THE
NATION OF IRAQ.

In accordance with international law, no provision of this
Act may be construed to infringe in any way or manner on the
sovereign rights of the nation of Iraq.
______

SA 3037. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 1070. SMALL HIGH-TECH FIRMS.

Section 9(m) of the Small Business Act (15 U.S.C. 638(m))
is amended by striking ``2008'' and inserting ``2016''.
______

SA 3038. Mr. REID proposed an amendment to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:

The provisions of this Act shall become effective 3 days
after enactment.
______

SA 3039. Mr. REID proposed an amendment to amendment SA 3038 proposed
by Mr. Reid to the bill H.R. 1585, to authorize appropriations for
fiscal year 2008 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; as follows:

Strike ``3'' and insert ``2''.
______

SA 3040. Mr. REID proposed an amendment to amendment SA 3039 proposed
by Mr. Reid to the amendment SA 3038 proposed by Mr. Reid to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

Strike ``2'' and insert ``1''.
______

SA 3041. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 1070. SMALL HIGH-TECH FIRMS.

Section 9(m) of the Small Business Act (15 U.S.C. 638(m))
is amended by striking ``2008'' and inserting ``2010''.
______

SA 3042. Mr. VITTER (for himself, Mr. Coburn, and Mr. Kyl) submitted

[[Page S12073]]

an amendment intended to be proposed to amendment SA 2011 proposed by
Mr. Nelson of Nebraska (for Mr. levin) to the bill H.R. 1585, to
authorize appropriations for fiscal year 2008 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle C of title X, add the following:

SEC. 1031. VOTING BY DEPARTMENT OF DEFENSE PERSONNEL.

(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has consistently claimed that
voting rates among members of the Armed Forces exceed 70
percent.
(2) The Status of Forces survey of the Department of
Defense for the 2006 elections shows clearly that only 22
percent of eligible members of the Armed Forces were able to
cast a ballot.
(3) The General Accountability Office report entitled
``Elections: Action Plans Needed to Fully Address Challenges
in Electronic Absentee Voting Initiatives for Military and
Overseas Citizens'' and dated June 14, 2007 (GAO-07-774),
cites continued shortcomings with current Department of
Defense efforts to facilitate voting by members of the Armed
Forces and strongly recommends additional actions for that
purpose.
(4) Congress has a fundamental responsibility to ensure
that all members of the Armed Forces have a voice in our
government.
(5) Troops who fight to defend America's democracy should
have every opportunity to participate in that democracy by
being able to cast a ballot and know that ballot has been
counted.
(b) Oversight of Voting by Department of Defense
Personnel.--
(1) Responsibility within dod.--The Secretary of Defense
shall designate a single member of the Armed Forces to
undertake responsibility for matters relating to voting by
Department of Defense personnel. The member so designated
shall report directly to the Secretary in the discharge of
that responsibility.
(2) Responsibility within military departments.--The
Secretary of each military department shall designate a
single member of the Armed Forces under the jurisdiction of
such Secretary to undertake responsibility for matters
relating to voting by personnel of such military department.
The member so designated shall report directly to such
Secretary in the discharge of that responsibility.
(3) Management of military voting operations.--The Business
Transformation Agency shall oversee the management of
business systems and procedures of the Department of Defense
with respect to military and overseas voting, including
applicable communications with States and other non-
Department entities regarding voting by Department of Defense
personnel. In carrying out that responsibility, the Business
Transformation Agency shall be responsible for the
implementation of any pilot programs and other programs
carried out for purposes of voting by Department of Defense
personnel.
(4) Improvement of ballot distribution.--The Secretary of
Defense shall undertake appropriate actions to streamline the
distribution of ballots to Department of Defense personnel
using electronic and Internet-based technology. In carrying
out such actions, the Secretary shall seek to engage
stakeholders in voting by Department of Defense personnel at
all levels to ensure maximum participation in such actions by
State and local election officials, other appropriate State
officials, and members of the Armed Forces.
(5) Reports.--
(A) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the status of efforts to
implement the requirements of this subsection.
(B) Report on plan of action.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report setting forth a
comprehensive plan of action to ensure that members of the
Armed Forces have the full opportunity to exercise their
right to vote.
______

SA 3043. Mr. BIDEN submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

On page 530, between lines 10 and 11, insert the following:

SEC. 3126. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS
CAPABILITIES.

(a) International Agreements on Nuclear Weapons Data.--The
Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with
countries or international organizations to conduct data
collection and analysis to determine accurately and in a
timely manner the source of any components of, or fissile
material used or attempted to be used in, a nuclear device or
weapon.
(b) International Agreements on Information on Radioactive
Materials.--The Secretary of Energy may, with the concurrence
of the Secretary of State and in coordination with the
Secretary of Defense, the Secretary of Homeland Security, and
the Director of National Intelligence, enter into agreements
with countries or international organizations--
(1) to acquire for the materials information program of the
Department of Energy validated information on the physical
characteristics of radioactive material produced, used, or
stored at various locations, in order to facilitate the
ability to determine accurately and in a timely manner the
source of any components of, or fissile material used or
attempted to be used in, a nuclear device or weapon; and
(2) to obtain access to information described in paragraph
(1) in the event of--
(A) a nuclear detonation; or
(B) the interdiction or discovery of a nuclear device or
weapon or nuclear material.
(c) Report on Agreements.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Energy shall, in coordination with the Secretary of State,
submit to Congress a report identifying--
(1) the countries or international organizations with which
the Secretary has sought to make agreements pursuant to
subsections (a) and (b);
(2) any countries or international organizations with which
such agreements have been finalized and the measures included
in such agreements; and
(3) any major obstacles to completing such agreements with
other countries and international organizations.
(d) Report on Standards and Capabilities.--Not later than
180 days after the date of the enactment of this Act, the
President shall submit to Congress a report--
(1) setting forth standards and procedures to be used in
determining accurately and in a timely manner any country or
group that knowingly or negligently provides to another
country or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device or weapon; or
(C) fissile material that could be used in a nuclear device
or weapon;
(2) assessing the capability of the United States to
collect and analyze nuclear material or debris in a manner
consistent with the standards and procedures described in
paragraph (1); and
(3) including a plan and proposed funding for rectifying
any shortfalls in the nuclear forensics capabilities of the
United States by September 30, 2010.
______

SA 3044. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 827. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID
CONTRACTS AND NONCOMPETITIVE GRANTS.

(a) Prohibition.--
(1) Contracts.--
(A) In general.--Notwithstanding any other provision of
this Act, all contracts awarded by the Department of Defense
to implement new programs or projects pursuant to
congressional initiatives shall be awarded using competitive
procedures in accordance with the requirements of section
2304 of title 10, United States Code, and the Federal
Acquisition Regulation.
(B) Bid requirement.--Except as provided in paragraph (3),
no contract may be awarded by the Department of Defense to
implement a new program or project pursuant to a
congressional initiative unless more than one bid is received
for such contract.
(2) Grants.--Notwithstanding any other provision of this
Act, no funds may be awarded by the Department of Defense by
grant or cooperative agreement to implement a new program or
project pursuant to a congressional initiative unless the
process used to award such grant or cooperative agreement
uses competitive or merit-based procedures to select the
grantee or award recipient. Except as provided in paragraph
(3), no such grant or cooperative agreement may be awarded
unless applications for such grant or cooperative agreement
are received from two or more applicants that are not from
the same organization and do not share any financial,
fiduciary, or other organizational relationship.
(3) Waiver authority.--
(A) In general.--If the Secretary of Defense does not
receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from
unaffiliated applicants for a grant or cooperative

[[Page S12074]]

agreement under paragraph (2), the Secretary may waive such
bid or application requirement if the Secretary determines
that the new program or project--
(i) cannot be implemented without a waiver; and
(ii) will help meet important national defense needs.
(B) Congressional notification.--If the Secretary of
Defense waives a bid requirement under subparagraph (A), the
Secretary must, not later than 10 days after exercising such
waiver, notify Congress and the Committees on Armed Services
of the Senate and the House of Representatives.
(4) Contracting authority.--The Secretary of Defense may,
as appropriate, utilize existing contracts to carry out
congressional initiatives.
(b) Annual Report.--
(1) In general.--Not later than December 31, 2008, and
December 31 of each year thereafter, the Secretary of Defense
shall submit to Congress a report on congressional
initiatives for which amounts were appropriated or otherwise
made available for the fiscal year ending during such year.
(2) Content.--Each report submitted under paragraph (1)
shall include with respect to each contract, grant, or
cooperative agreement awarded to implement a new program or
project pursuant to a congressional initiative--
(A) the name of the recipient of the funds awarded through
such contract or grant;
(B) the reason or reasons such recipient was selected for
such contract or grant; and
(C) the number of entities that competed for such contract
or grant.
(3) Publication.--Each report submitted under paragraph (1)
shall be made publicly available through the Internet website
of the Department of Defense.
(c) Congressional Initiative Defined.--In this section, the
term ``congressional initiative'' means a provision of law or
a directive contained within a committee report or joint
statement of managers of an appropriations Act that
specifies--
(1) the identity of a person or entity selected to carry
out a project, including a defense system, for which funds
are appropriated or otherwise made available by that
provision of law or directive and that was not requested by
the President in a budget submitted to Congress;
(2) the specific location at which the work for a project
is to be done; and
(3) the amount of the funds appropriated or otherwise made
available for such project.
(d) Applicability.--This section shall apply with respect
to funds appropriated or otherwise made available for fiscal
years beginning after September 30, 2007, and to
congressional initiatives initiated after the date of the
enactment of this Act.
______

SA 3045. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

Subtitle E--Joint and Multiservice Matters

SEC. 161. COMPETITION FOR THE PROCUREMENT OF INDIVIDUAL
WEAPONS.

(a) Certification by Military Departments.--Not later than
March 1, 2008, the Secretary of each military department
shall certify new requirements for individual weapons that
take into account lessons learned from combat operations.
(b) Joint Requirements Oversight Council (JROC)
Certification.--Not later than June 1, 2008, the Joint
Requirements Oversight Council shall certify individual
weapon calibers that best satisfy the requirements certified
under subsection (a).
(c) Competition Required.--Each military department shall
rapidly conduct full and open competitions for procurements
to fulfill the requirements certified under subsections (a)
and (b).
(d) Procurements Covered.--This section applies to the
procurement of individual weapons less than .50 caliber (to
include shotguns).
______

SA 3046. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to
the bill H.R. 1585, to authorize appropriations for fiscal year 2008
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

After section 1064, insert the following:

SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF
SECURITY CLEARANCES.

(a) Demonstration Project.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Defense and the Director of National Intelligence shall
implement a demonstration project that applies new and
innovative approaches to improve the processing of requests
for security clearances.
(b) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall carry out an
evaluation of the process for issuing security clearances and
develop a specific plan and schedule for replacing such
process with an improved process.
(c) Report.--Not later than 30 days after the date of the
completion of the evaluation required by subsection (b), the
Secretary of Defense and the Director of National
Intelligence shall submit to Congress a report on--
(1) the results of the demonstration project carried out
pursuant to subsection (a);
(2) the results of the evaluation carried out under
subsection (b); and
(3) the specific plan and schedule for replacing the
existing process for issuing security clearances with an
improved process.
______

SA 3047. Mr. CASEY (for Mr. Hatch) proposed an amendment to amendment
SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill
H.R. 1585, to authorize appropriations for fiscal year 2008 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:

At the appropriate place in the substitute add the
following:

SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL
INVESTIGATIONS AND PROSECUTIONS BY STATE AND
LOCAL LAW ENFORCEMENT OFFICIALS.

(a) Studies.--
(1) Collection of data.--
(A) Definition of relevant offense.--In this paragraph, the
term ``relevant offense'' means a crime described in
subsection (b)(1) of the first section of Public Law 101-275
(28 U.S.C. 534 note) and a crime that manifests evidence of
prejudice based on gender or age.
(B) Collection from cross-section of states.--Not later
than 120 days after the date of enactment of this Act, the
Comptroller General of the United States, in consultation
with the National Governors' Association, shall, if possible,
select 10 jurisdictions with laws classifying certain types
of offenses as relevant offenses and 10 jurisdictions without
such laws from which to collect the data described in
subparagraph (C) over a 12-month period.
(C) Data to be collected.--The data described in this
paragraph are--
(i) the number of relevant offenses that are reported and
investigated in the jurisdiction;
(ii) the percentage of relevant offenses that are
prosecuted and the percentage that result in conviction;
(iii) the duration of the sentences imposed for crimes
classified as relevant offenses in the jurisdiction, compared
with the length of sentences imposed for similar crimes
committed in jurisdictions with no laws relating to relevant
offenses; and
(iv) references to and descriptions of the laws under which
the offenders were punished.
(D) Costs.--Participating jurisdictions shall be reimbursed
for the reasonable and necessary costs of compiling data
collected under this paragraph.
(2) Study of relevant offense activity.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study and submit to Congress a report
that analyzes the data collected under paragraph (1) and
under section 534 of title 28, United States Code, to
determine the extent of relevant offense activity throughout
the United States and the success of State and local
officials in combating that activity.
(B) Identification of trends.--In the study conducted under
subparagraph (A), the Comptroller General of the United
States shall identify any trends in the commission of
relevant offenses specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number and percentage of relevant offenses that
are prosecuted and the number for which convictions are
obtained.
(b) Assistance Other Than Financial Assistance.--At the
request of a law enforcement official of a State or a
political subdivision of a State, the Attorney General,
acting through the Director of the Federal Bureau of
Investigation and in cases where the Attorney General
determines special circumstances exist, may provide
technical, forensic, prosecutorial, or any other assistance
in the criminal investigation or prosecution of any crime
that--
(1) constitutes a crime of violence (as defined in section
16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State; and
(3) is motivated by animus against the victim by reason of
the membership of the victim in a particular class or group.
(c) Grants.--
(1) In general.--The Attorney General may, in cases where
the Attorney General determines special circumstances exist,
make grants to States and local subdivisions

[[Page S12075]]

of States to assist those entities in the investigation and
prosecution of crimes motivated by animus against the victim
by reason of the membership of the victim in a particular
class or group.
(2) Eligibility.--A State or political subdivision of a
State applying for assistance under this subsection shall--
(A) describe the purposes for which the grant is needed;
and
(B) certify that the State or political subdivision lacks
the resources necessary to investigate or prosecute a crime
motivated by animus against the victim by reason of the
membership of the victim in a particular class or group.
(3) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 10 days after the application is
submitted.
(4) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single case.
(5) Report and audit.--Not later than December 31, 2008,
the Attorney General, in consultation with the National
Governors' Association, shall--
(A) submit to Congress a report describing the applications
made for grants under this subsection, the award of such
grants, and the effectiveness of the grant funds awarded; and
(B) conduct an audit of the grants awarded under this
subsection to ensure that such grants are used for the
purposes provided in this subsection.
(6) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of the fiscal years
2008 and 2009 to carry out this section.

____________________