S.Amdt. 344

TEXT OF AMENDMENTS

SA 332. Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Cardin)
submitted an amendment intended to be proposed to amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

On page 54, strike line 5 and all that follows through page
57, line 9, and insert the following:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants to State, local, and tribal
governments for the purposes of this title.
``(b) Programs Not Affected.--This title shall not be
construed to affect any authority to award grants under any
of the following Federal programs:
``(1) The firefighter assistance programs authorized under
section 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).

[[Page S2633]]

``(2) The Urban Search and Rescue Grant Program authorized
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(3) Grants to protect critical infrastructure, including
port security grants authorized under section 70107 of title
46, United States Code.
``(4) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
``(5) Grant programs other than those administered by the
Department.
``(c) Relationship to Other Laws.--
``(1) In general.--The grant programs authorized under this
title shall supercede all grant programs authorized under
section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
``(2) Program integrity.--Each grant program under this
title, section 1809 of this Act, or section 662 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
763) shall include, consistent with the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note), policies and
procedures for--
``(A) identifying activities funded under any such grant
program that are susceptible to significant improper
payments; and
``(B) reporting the incidence of improper payments to the
Department.
``(3) Allocation.--Except as provided under paragraph (2)
of this subsection, the allocation of grants authorized under
this title shall be governed by the terms of this title and
not by any other provision of law.
``(d) Minimum Performance Requirements.--
``(1) In general.--The Administrator shall--
``(A) establish minimum performance requirements for
entities that receive homeland security grants;
``(B) conduct, in coordination with State, regional, local,
and tribal governments receiving grants under this title,
section 1809 of this Act, or section 662 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 763),
simulations and exercises to test the minimum performance
requirements established under subparagraph (A) for--
On page 66, between lines 19 and 20, insert the following:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) for fiscal year 2007, such sums as are necessary;
``(2) for each of fiscal years 2008, 2009, and 2010,
$1,278,639,000; and
``(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.
On page 77, strike line 3 and all that follows through page
80, line 7, and insert the following:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) for fiscal year 2007, such sums as are necessary;
``(2) for each of fiscal years 2008, 2009, and 2010,
$913,180,500; and
``(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.

``SEC. 2005. TERRORISM PREVENTION.

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

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

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

``SEC. 2007. ADMINISTRATION AND COORDINATION.

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

``SEC. 2008. ACCOUNTABILITY.

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

``SEC. 2009. AUDITING.

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

``SEC. 2010. SENSE OF THE SENATE.

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

``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

``TITLE XX--HOMELAND SECURITY GRANTS

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

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

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

TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

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

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

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

[[Page S2634]]

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

SA 333. Mr. LEAHY (for himself, Mr. Thomas, Mr. Stevens, Mr. Roberts,
Mr. Pryor, Mr. Sanders, Mr. Enzi, and Mr. Hatch) submitted an amendment
intended to be proposed to amendment SA 275 proposed by Mr. Reid (for
himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

On page 69, lines 19 and 20, strike ``0.45 percent'' and
insert ``0.75 percent''.
______

SA 334. Mr. BUNNING submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FEDERAL FLIGHT DECK OFFICERS.

(a) In General.--Section 44921(a) of title 49, United
States Code, is amended to read as follows:
``(a) Establishment.--The Secretary of Homeland Security
shall establish the Federal flight deck officer program to
deputize eligible pilots as Federal law enforcement officers
to defend against acts of criminal violence or air piracy.
Such an officer shall be known as a `Federal flight deck
officer'.''.
(b) Authority To Carry Firearms.--Section 44921(f) of title
49, United States Code, is amended to read as follows:
``(f) Authority To Carry Firearms.--
``(1) In general.--The Secretary shall authorize a Federal
flight deck officer to carry a firearm on the officer's
person. Notwithstanding subsection (c)(1), the officer may
purchase a firearm and carry that firearm in accordance with
this section if the firearm is of a type that may be used
under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal, State, or local law, a Federal flight deck officer
may carry a firearm in any State and from one State to
another State.
``(3) Carrying firearms outside united states.--
``(A) In general.--When operating to, from, or within the
jurisdiction of a foreign government where an agreement
allowing a Federal flight deck officer to carry or possess a
firearm is not in effect, a Federal flight deck officer shall
be designated as a Federal air marshal for the purposes of
complying with international weapons carriage regulations and
existing agreements with foreign governments. Nothing in this
paragraph shall be construed to allow Federal flight deck
officers to receive any other benefit of being so designated.
``(B) Requirement to negotiate agreements.--The Secretary
of State shall negotiate agreements with foreign governments
as necessary to allow Federal flight deck officers to carry
and possess firearms within the jurisdictions of such foreign
governments for protection of international flights against
hijackings or other terrorist acts. Any such agreements shall
provide Federal flight deck officers the same rights and
privileges accorded Federal air marshals by such foreign
governments.
``(4) Description of authority and procedures.--The
authority of a Federal flight deck officer to carry a firearm
shall be identical to such authority granted to any other
Federal law enforcement officer under Federal law. The
operating procedures applicable to a Federal flight deck
officer relating to carrying such firearm shall be no more
restrictive than the restrictions for carrying a firearm that
are generally imposed on any other Federal law enforcement
officer who has statutory authority to carry a firearm.
``(5) Locked devices.--
``(A) No requirement to use.--A Federal flight deck officer
may not be required to carry or transport a firearm in a
locked bag, box, or container.
``(B) Requirement to provide.--Upon request of a Federal
flight deck officer, the Secretary shall provide a secure
locking device or other appropriate container for storage of
a firearm by the Federal flight deck officer.''.
(c) Due Process.--Section 44921 of title 49, United States
Code, is amended by adding at the end the follow new
subsection:
``(l) Due Process.--Not later than 90 days after the date
of enactment of the Improving America's Security Act of 2007,
the Secretary shall establish procedures for the appeal of
adverse decisions or actions. Such procedures shall provide
timely notice of the action or decision, including specific
reasons for the action or decision.''.
(d) Identification and Screening.--Section 44921 of title
49, United States Code, as amended by subsection (c), is
further amended by adding at the end the following new
subsections:
``(m) Credentials.--The Secretary shall issue to each
Federal flight deck officer standard Federal law enforcement
credentials, including a distinctive metal badge, that are
similar to the credentials issued to other Federal law
enforcement officers.
``(n) Security Inspections.--A Federal flight deck officer
may not be subject to greater routine security inspection or
screening protocols at or in the vicinity of an airport than
the protocols that apply to other Federal law enforcement
officers.''.
(e) Reports to Congress.--Section 44921 of title 49, United
States Code, as amended by subsections (c) and (d), is
further amended by adding at the end the following new
subsection:
``(o) Reports to Congress.--
``(1) Reports on program.--Not less often than once every 6
months, the Secretary, in consultation with the Secretary of
State, shall report to Congress on the progress that the
Secretary of State has made in implementing international
agreements to permit Federal flight deck officers to carry
firearms on board an aircraft operating within the
jurisdiction of a foreign country.
``(2) Report on training.--Not later than 90 days after the
date of enactment of the Improving America's Security Act of
2007, the Secretary shall report to Congress on the issues
raised with respect to training in Department of Homeland
Security Office of Inspector General report OIG-07-14 that
includes proposals to address the issues raised in such
report.''.
(f) Conforming and Other Amendments.--Section 44921 of
title 49, United States Code, as amended by sections (c),
(d), and (e), is further amended--
(1) by striking ``Under Secretary'' each place it appears
and inserting ``Secretary''; and
(2) by striking subparagraph (G) of subsection (b)(3).
______

SA 335. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg, Mrs.
Hutchison, Mrs. Boxer, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr.
Menendez, Mr. Kerry, Mr. Coburn, and Mr. Casey) submitted an amendment
intended to be proposed to amendment SA 275 proposed by Mr. Reid (for
himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the
United States more secure by implementing

[[Page S2635]]

unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; as follows:

On page 49, line 12, strike all through the matter
preceding page 106, line 7, and insert the following:

TITLE II--RISK-BASED FUNDING FOR HOMELAND SECURITY

SEC. 201. RISK-BASED FUNDING FOR HOMELAND SECURITY.

(a) Risk-Based Funding in General.--The Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is
amended by adding at the end the following:

``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``SEC. 2001. RISK-BASED FUNDING FOR HOMELAND SECURITY.

``(a) Risk-Based Funding.--The Secretary shall ensure that
homeland security grants are allocated based on an assessment
of threat, vulnerability, and consequence to the maximum
extent practicable.
``(b) Covered Grants.--This title applies to grants
provided by the Department to States, regions, or directly
eligible tribes for the primary purpose of improving the
ability of first responders to prevent, prepare for, respond
to, or mitigate threatened or actual terrorist attacks,
especially those involving weapons of mass destruction, and
grants provided by the Department for improving homeland
security, including the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the
Department, or any successor to such grant program.
``(4) Citizen corps program.--The Citizen Corps Program of
the Department, or any successor to such grant program.
``(c) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229 and
2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program
and the Urban Search and Rescue Grants program authorized by
title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.), the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
``(d) Effect on Covered Grants.--Nothing in this Act shall
be construed to require the elimination of a covered grant
program.''.
(b) Covered Grant Eligibility and Criteria.--The Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et
seq.), as amended by subsection (a), is amended by adding at
the end the following:

``SEC. 2002. COVERED GRANT ELIGIBILITY AND CRITERIA.

``(a) Grant Eligibility.--
``(1) In general.--
``(A) General eligibility.--Except as provided in
subparagraphs (B) and (C), any State, region, or directly
eligible tribe shall be eligible to apply for a covered
grant.
``(B) Urban area security initiative.--Only a region shall
be eligible to apply for a grant under the Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(C) State homeland security grant program.--Only a State
shall be eligible to apply for a grant under the State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Other grant applicants.--
``(A) In general.--Grants provided by the Department for
improving homeland security, including to seaports, airports,
and other transportation facilities, shall be allocated as
described in section 2001(a).
``(B) Consideration.--Applications for such grants shall be
considered, to the extent determined appropriate by the
Secretary, pursuant to the procedures and criteria
established in this title, except that the eligibility
requirements of paragraph (1) shall not apply.
``(3) Certification of regions.--
``(A) In general.--The Secretary shall certify a geographic
area as a region if--
``(i) the geographic area meets the criteria under section
2007(10)(B) and (C); and
``(ii) the Secretary determines, based on an assessment of
threat, vulnerability, and consequence, that certifying the
geographic area as a region under this title is in the
interest of national homeland security.
``(B) Existing urban area security initiative areas.--
Notwithstanding section 2007(10)(B) and (C), a geographic
area that, on or before the date of enactment of the
Improving America's Security Act of 2007, was designated as a
high-threat urban area for purposes of the Urban Area
Security Initiative, shall be certified by the Secretary as a
region unless the Secretary determines, based on an
assessment of threat, vulnerability, and consequence, that
certifying the geographic area as a region is not in the
interest of national homeland security.
``(b) Grant Criteria.--In awarding covered grants, the
Secretary shall assist States, local governments, and
operators of airports, ports, or similar facilities in
achieving, maintaining, and enhancing the essential
capabilities established by the Secretary under section 2003.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
shall submit to the Secretary a 3-year State homeland
security plan that--
``(A) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the State;
``(B) demonstrates the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(C) includes a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(D) describes how the State intends--
``(i) to address such needs at the city, county, regional,
tribal, State, and interstate level, including a precise
description of any regional structure the State has
established for the purpose of organizing homeland security
preparedness activities funded by covered grants;
``(ii) to use all Federal, State, and local resources
available for the purpose of addressing such needs; and
``(iii) to give particular emphasis to regional planning
and cooperation, including the activities of
multijurisdictional planning agencies governed by local
officials, both within its jurisdictional borders and with
neighboring States;
``(E) is developed in consultation with and subject to
appropriate comment by local governments within the State;
and
``(F) with respect to the emergency preparedness of first
responders, addresses the unique aspects of terrorism as part
of a comprehensive State emergency management plan.
``(2) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
``(d) Consistency With State Plans.--The Secretary shall
ensure that each covered grant is used to supplement and
support, in a consistent and coordinated manner, the
applicable State homeland security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, directly eligible tribe, or
operator of an airport, port, or similar facility may apply
for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants shall be submitted at such
time as the Secretary may reasonably require for the fiscal
year for which they are submitted. The Secretary shall award
covered grants for all approved applications for such fiscal
year as soon as practicable, but not later than March 1 of
such year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the second
subsequent fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks covered
grant funds and the reasons why the applicant needs the
covered grant to meet the essential capabilities for
terrorism preparedness within the State, region, or directly
eligible tribe or at the airport, port, or similar facility
to which the application pertains;
``(B) a description of how, by reference to the applicable
State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application,
including, where applicable, the amount not passed through
under section 2006(g)(1), would assist in fulfilling the
essential capabilities specified in such plan or plans;
``(C) a statement of whether a mutual aid agreement applies
to the use of all or any portion of the covered grant funds;
``(D) if the applicant is a State, a description of how the
State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of the region and
a specification of all participating and nonparticipating
local governments within the geographical area comprising
that region;
``(ii) a specification of what governmental entity within
the region will administer the expenditure of funds under the
covered grant;
``(iii) a designation of a specific individual to serve as
regional liaison; and
``(iv) a description of how the governmental entity
administering the expenditure

[[Page S2636]]

of funds under the covered grant plans to allocate the
covered grant funds to States, local governments, and Indian
tribes;
``(F) a capital budget showing how the applicant intends to
allocate and expend the covered grant funds; and
``(G) if the applicant is a directly eligible tribe, a
designation of a specific individual to serve as the tribal
liaison.
``(5) Regional applications.--
``(A) Relationship to state applications.--A regional
application--
``(i) shall be coordinated with an application submitted by
the State or States of which such region is a part;
``(ii) shall supplement and avoid duplication with such
State application; and
``(iii) shall address the unique regional aspects of such
region's terrorism preparedness needs beyond those provided
for in the application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region shall submit its
application to each State of which any part is included in
the region for review and concurrence before the submission
of such application to the Secretary. The regional
application shall be transmitted to the Secretary through
each such State within 30 days after receipt of the
application by that State, unless the Governor of such a
State notifies the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the reasons
therefor.
``(C) Distribution of regional awards.--If the Secretary
approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting
the applicable regional application under subparagraph (B),
and each such State shall, not later than the end of the 45-
day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its responsibilities
with respect to such regional application. In no such case
shall the State or States pass through to the region less
than 80 percent of the regional award.
``(D) Certifications regarding distribution of grant funds
to regions.--Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later
than 30 days after the expiration of the period described in
subparagraph (C) with respect to the grant, that the State
has made available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State fails to
pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award
and does not request or receive an extension of such period
under section 2006(h)(2), the region may petition the
Secretary to receive directly the portion of the regional
award that is required to be passed through to such region
under subparagraph (C).
``(F) Regional liaisons.--A regional liaison designated
under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials within the region concerning terrorism
preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials within
the region to assist in the development of the regional
application and to improve the region's access to covered
grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials within the region, covered
grants awarded to the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure the
consistency required under subsection (d), an applicant that
is a directly eligible tribe shall submit its application to
each State within the boundaries of which any part of such
tribe is located for direct submission to the Department
along with the application of such State or States.
``(B) Opportunity for state comment.--Before awarding any
covered grant to a directly eligible tribe, the Secretary
shall provide an opportunity to each State within the
boundaries of which any part of such tribe is located to
comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such
comments shall be submitted to the Secretary concurrently
with the submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have final
authority to determine the consistency of any application of
a directly eligible tribe with the applicable State homeland
security plan or plans, and to approve any application of
such tribe. The Secretary shall notify each State within the
boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated under
paragraph (4)(G) shall--
``(i) coordinate with Federal, State, and private sector
officials to assist in the development of the application of
such tribe and to improve the tribe's access to covered
grants; and
``(ii) administer, in consultation with State, local,
regional, and private officials, covered grants awarded to
such tribe.
``(E) Limitation on the number of direct grants.--The
Secretary may make covered grants directly to not more than
20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An Indian tribe
that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the
State or States within the boundaries of which any part of
such tribe is located, consistent with the homeland security
plan of the State as described in subsection (c). If a State
fails to comply with section 2006(g)(1), the tribe may
request payment under section 2006(h)(3) in the same manner
as a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance
provided under the grant, new equipment or systems that do
not meet or exceed any applicable national voluntary
consensus standards established by the Secretary under
section 2005(a), the applicant shall include in the
application an explanation of why such equipment or systems
will serve the needs of the applicant better than equipment
or systems that meet or exceed such standards.
``(f) Homeland Security Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a Homeland Security Grants Board, consisting of--
``(A) the Secretary;
``(B) the Deputy Secretary of Homeland Security;
``(C) the Under Secretary for Emergency Preparedness and
Response;
``(D) the Under Secretary for Border and Transportation
Security;
``(E) the Under Secretary for Information Analysis and
Infrastructure Protection;
``(F) the Under Secretary for Science and Technology; and
``(G) the Director of the Office of State and Local
Government Coordination.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the Chairman of
the Board.
``(B) Exercise of authorities by deputy secretary.--The
Deputy Secretary of Homeland Security may exercise the
authorities of the Chairman, if the Secretary so directs.
``(3) Risk-based ranking of grant applications.--
``(A) Prioritization of grants.--The Board--
``(i) shall evaluate and annually prioritize all pending
applications for covered grants based upon the degree to
which they would, by achieving, maintaining, or enhancing the
essential capabilities of the applicants on a nationwide
basis, lessen the threat to, vulnerability of, and
consequences for persons and critical infrastructure; and
``(ii) in evaluating the threat to persons and critical
infrastructure for purposes of prioritizing covered grants,
shall give greater weight to threats of terrorism based on
their specificity and credibility, including any pattern of
repetition.
``(B) Minimum amounts.--
``(i) In general.--After evaluating and prioritizing grant
applications under subparagraph (A), the Board shall ensure
that, for each fiscal year, each State that has an approved
State homeland security plan receives no less than 0.25
percent of the funds available for the State Homeland
Security Grant Program, as described in section 2001(b)(1),
for that fiscal year for purposes of implementing its
homeland security plan in accordance with the prioritization
of additional needs under subsection (c)(1)(C).
``(ii) Other entities.--Notwithstanding clause (i), the
Board shall ensure that, for each fiscal year, American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive 0.08 percent of the
funds available for the State Homeland Security Grant
Program, as described in section 2001(b)(1), for that fiscal
year for purposes of implementing its homeland security plan
in accordance with the prioritization of additional needs
under subsection (c)(1)(C).
``(4) Functions of under secretaries.--The Under
Secretaries referred to in paragraph (1) shall seek to ensure
that the relevant expertise and input of the staff of their
directorates are available to and considered by the Board.''.

SEC. 202. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.), as amended by section 201, is amended by
adding at the end the following:

``SEC. 2003. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

``(a) Establishment of Essential Capabilities.--
``(1) In general.--For purposes of making covered grants,
the Secretary shall establish clearly defined essential
capabilities for State and local government preparedness for
terrorism, in consultation with--
``(A) the Task Force on Essential Capabilities established
under section 2004;
``(B) the Under Secretaries for Emergency Preparedness and
Response, Border and Transportation Security, Information
Analysis and Infrastructure Protection, and Science and
Technology, and the Director of the Office of State and Local
Government Coordination;
``(C) the Secretary of Health and Human Services;
``(D) other appropriate Federal agencies;
``(E) State and local first responder agencies and
officials; and
``(F) consensus-based standard making organizations
responsible for setting standards relevant to the first
responder community.

[[Page S2637]]

``(2) Deadlines.--The Secretary shall--
``(A) establish essential capabilities under paragraph (1)
within 30 days after receipt of the report under section
2004(b); and
``(B) regularly update such essential capabilities as
necessary, but not less than every 3 years.
``(3) Provision of essential capabilities.--The Secretary
shall ensure that a detailed description of the essential
capabilities established under paragraph (1) is provided
promptly to the States and to Congress. The States shall make
the essential capabilities available as necessary and
appropriate to local governments and operators of airports,
ports, and other similar facilities within their
jurisdictions.
``(b) Objectives.--The Secretary shall ensure that
essential capabilities established under subsection (a)(1)
meet the following objectives:
``(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, or to which they
should have access, in order to meet the Department's goals
for terrorism preparedness based upon--
``(A) the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States;
``(B) the types of threats, vulnerabilities, geography,
size, and other factors that the Secretary has determined to
be applicable to each different type of community; and
``(C) the principles of regional coordination and mutual
aid among State and local governments.
``(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow State
and local government officials to set priorities based on
particular needs, while reaching nationally determined
terrorism preparedness levels within a specified time period.
``(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress toward specific terrorism preparedness goals.
``(4) Comprehensiveness.--The determination of essential
capabilities for terrorism preparedness shall be made within
the context of a comprehensive State emergency management
system.
``(c) Factors To Be Considered.--
``(1) In general.--In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to the Nation's population
(including transient commuting and tourist populations) and
critical infrastructure. Such consideration shall be based
upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States.
``(2) Critical infrastructure sectors.--The Secretary
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
Nation, urban and rural:
``(A) Agriculture.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Food.
``(H) Government.
``(I) Postal and shipping.
``(J) Public health.
``(K) Information and telecommunications networks.
``(L) Transportation.
``(M) Water.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order
of priority for consideration of the importance of such
sectors.
``(3) Types of threat.--The Secretary specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the Nation, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to specific past
acts of terrorism or the known activity of any terrorist
group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--In establishing
essential capabilities under subsection (a)(1), the Secretary
shall take into account any other specific threat to a
population (including a transient commuting or tourist
population) or critical infrastructure sector that the
Secretary has determined to exist.

``SEC. 2004. TASK FORCE ON ESSENTIAL CAPABILITIES.

``(a) Establishment.--To assist the Secretary in
establishing essential capabilities under section 2003(a)(1),
the Secretary shall establish an advisory body pursuant to
section 871(a) not later than 60 days after the date of the
enactment of this section, which shall be known as the Task
Force on Essential Capabilities.
``(b) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, not later than 9 months after its establishment by
the Secretary under subsection (a) and every 3 years
thereafter, a report on its recommendations for essential
capabilities for preparedness for terrorism.
``(2) Contents.--The report shall--
``(A) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to Congress
on determining the appropriate allocation of, and funding
levels for, first responder needs;
``(B) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment;
``(D) include such additional matters as the Secretary may
specify in order to further the terrorism preparedness
capabilities of first responders; and
``(E) include such revisions to the contents of past
reports as are necessary to take into account changes in the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection or other
relevant information as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities are, to the extent feasible, consistent with any
preparedness goals or recommendations of the Federal working
group established under section 319F(a) of the Public Health
Service Act (42 U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for
terrorism preparedness take into account any capabilities
that State or local officials have determined to be essential
and have undertaken since September 11, 2001, to prevent or
prepare for terrorist attacks.
``(c) Membership.--
``(1) In general.--The Task Force shall consist of 35
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross
section of governmental and nongovernmental first responder
disciplines from the State and local levels, including as
appropriate--
``(A) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel (including public works personnel
routinely engaged in emergency response);
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(C) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representation from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(D) State and local officials with expertise in terrorism
preparedness, subject to the condition that if any such
official is an elected official representing 1 of the 2 major
political parties, an equal number of elected officials shall
be selected from each such party.
``(2) Coordination with the department of health and human
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate the selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate 1 or more
officers of their respective Departments to serve as ex
officio members of the Task Force. One of the ex officio
members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory
Committee Act (5 App. U.S.C.).
``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c)
of title 5, United States Code, shall apply to the Task
Force.

``SEC. 2005. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.

``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office of
State and Local Government Coordination, shall, not later
than 6 months

[[Page S2638]]

after the date of enactment of this section, support the
development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and
validation of first responder equipment for purposes of
section 2002(e)(7). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus standards;
``(B) shall take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) shall be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) shall cover all appropriate uses of the equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including garments,
boots, gloves, and hoods, and other protective clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including wireless and
wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive detection
and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards would
be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office of
State and Local Government Coordination, shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for first responder
training carried out with amounts provided under covered
grant programs, that will enable State and local government
first responders to achieve optimal levels of terrorism
preparedness as quickly as practicable. Such standards shall
give priority to providing training to--
``(A) enable first responders to prevent, prepare for,
respond to, and mitigate terrorist threats, including threats
from chemical, biological, nuclear, and radiological weapons
and explosive devices capable of inflicting significant human
casualties; and
``(B) familiarize first responders with the proper use of
equipment, including software, developed pursuant to the
standards established under subsection (a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological, and
chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program;
``(13) the National Domestic Preparedness Consortium; and
``(14) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.''.

SEC. 203. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY
GRANTS.

(a) Use of Grant Funds and Accountability.--The Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et
seq.), as amended by sections 201 and 202, is amended by
adding at the end the following:

``SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

``(a) In General.--A covered grant may be used for--
``(1) purchasing, upgrading, or maintaining equipment,
including computer software, to enhance terrorism
preparedness and response;
``(2) exercises to strengthen terrorism preparedness and
response;
``(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of
mass destruction, including training in the use of equipment
and computer software;
``(4) developing or updating response plans;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness and response purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the Homeland
Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or
local government with the approval of the Secretary;
``(B) travel to and participation in exercises and training
in the use of equipment and on prevention activities;
``(C) the temporary replacement of personnel during any
period of travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(D) participation in information, investigative, and
intelligence-sharing activities specifically related to
terrorism prevention;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified
information;
``(9) target hardening to reduce the vulnerability of high-
value targets, as determined by the Secretary;
``(10) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(11) the costs of commercially available interoperable
communications equipment (which, where applicable, is based
on national, voluntary consensus standards) that the
Secretary, in consultation with the Chairman of the Federal
Communications Commission, determines best suited to
facilitate interoperability, coordination, and integration
between and among emergency communications systems, and that
complies with prevailing grant guidance of the Department for
interoperable communications;
``(12) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(13) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prepare for and respond to an act of terrorism;
``(14) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant
may not be used--
``(1) to supplant State or local funds that have been
obligated for a homeland security or other first responder-
related project;
``(2) to construct buildings or other physical facilities,
except for--
``(A) activities under section 611 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196); and
``(B) upgrading facilities to protect against, test for,
and treat the effects of biological agents, which shall be
included in the homeland security plan approved by the
Secretary under section 2002(c);
``(3) to acquire land; or
``(4) for any State or local government cost-sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section
shall be construed to preclude State and local governments
from using covered grant funds in a manner that also enhances
first responder preparedness for emergencies and disasters
unrelated to acts of terrorism, if such use assists such
governments in achieving essential capabilities for terrorism
preparedness established by the Secretary under section 2003.

[[Page S2639]]

``(d) Reimbursement of Costs.--In addition to the
activities described in subsection (a), a covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated
for travel to or participation in training covered by this
section. Any such reimbursement shall not be considered
compensation for purposes of rendering such a first responder
an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(e) Assistance Requirement.--The Secretary may not
request that equipment paid for, wholly or in part, with
funds provided as a covered grant be made available for
responding to emergencies in surrounding States, regions, and
localities, unless the Secretary pays the costs directly
attributable to transporting and operating such equipment
during such response.
``(f) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a covered grant, the
Secretary may authorize the grantee to transfer all or part
of funds provided as the covered grant from uses specified in
the grant agreement to other uses authorized under this
section, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of
the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of
the grant, or a combination of funds and resources having
value equal to at least 80 percent of the amount of the
grant, by not later than the end of the 45-day period
beginning on the date the grant recipient receives the grant
funds.
``(2) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered
grant shall certify to the Secretary, by not later than 30
days after the expiration of the period described in
paragraph (1) with respect to the grant, that the State has
made available for expenditure by local governments, first
responders, and other local groups the required amount of
grant funds under paragraph (1).
``(3) Quarterly report on homeland security spending.--Each
recipient of a covered grant shall submit a quarterly report
to the Secretary not later than 30 days after the end of each
fiscal quarter. Each report shall include, for each recipient
of a covered grant or a pass-through under paragraph (1)--
``(A) the amount obligated to that recipient in that
quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased by such
recipient with such amount.
``(4) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
fiscal year. Each recipient of a covered grant that is a
region shall simultaneously submit its report to each State
of which any part is included in the region. Each recipient
of a covered grant that is a directly eligible tribe shall
simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each
report shall include the following:
``(A) The amount, ultimate recipients, and dates of receipt
of all funds received under the grant during the previous
fiscal year.
``(B) The amount and the dates of disbursements of all such
funds expended in compliance with paragraph (1) or pursuant
to mutual aid agreements or other sharing arrangements that
apply within the State, region, or directly eligible tribe,
as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal year.
``(D) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the
expenditure of grant funds during the preceding fiscal year.
``(E) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans
remain unmet.
``(5) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (4) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(6) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (4) is provided to
the Under Secretary for Emergency Preparedness and Response
and the Director of the Office of State and Local Government
Coordination.
``(h) Incentives to Efficient Administration of Homeland
Security Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to
pass through to local governments, first responders, and
other local groups funds or resources required by subsection
(g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
``(A) reduce grant payments to the grant recipient from the
portion of grant funds that is not required to be passed
through under subsection (g)(1);
``(B) terminate payment of funds under the grant to the
recipient, and transfer the appropriate portion of those
funds directly to local first responders that were intended
to receive funding under that grant; or
``(C) impose additional restrictions or burdens on the
recipient's use of funds under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant
recipient's grant-related overtime or other expenses;
``(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that
are not required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant recipient fails to pass
through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from
the portion of grant funds that is not required to be passed
through under subsection (g)(1), except that the total amount
of such reduction may not exceed 20 percent of the total
amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under section 2002(e)(5)(E) or paragraph (1) of this
subsection for an additional 15-day period. The Secretary may
approve such a request, and may extend such period for
additional 15-day periods, if the Secretary determines that
the resulting delay in providing grant funding to the local
government entities that will receive funding under the grant
will not have a significant detrimental impact on such
entities' terrorism preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by a
local government pay to the local government a portion of the
amount of a covered grant awarded to a State in which the
local government is located, if--
``(i) the local government will use the amount paid to
expedite planned enhancements to its terrorism preparedness
as described in any applicable State homeland security plan
or plans;
``(ii) the State has failed to pass through funds or
resources in accordance with subsection (g)(1); and
``(iii) the local government complies with subparagraph
(B).
``(B) Showing required.--To receive a payment under this
paragraph, a local government must demonstrate that--
``(i) it is identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant application;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific purpose
that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which the
funds or resources were required to be passed through under
subsection (g)(1); and
``(iv) it did not receive the portion of the overall grant
that was earmarked or designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a local
government under this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a request for
payment under this paragraph that is submitted by another
local government.
``(D) Deadline for action by secretary.--The Secretary
shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the
request is received by the Department.
``(i) Reports to Congress.--The Secretary shall submit an
annual report to Congress by December 31 of each year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving, maintaining, and
enhancing the essential capabilities established under
section 2003(a) as a result of the expenditure of covered
grant funds during the preceding fiscal year; and
``(B) an estimate of the amount of expenditures required to
attain across the United States the essential capabilities
established under section 2003(a).''.
(b) Sense of Congress Regarding Citizen Corps Councils.--
(1) Finding.--Congress finds that Citizen Corps councils
help to enhance local citizen participation in terrorism
preparedness by coordinating multiple Citizen Corps programs,
developing community action plans, assessing possible
threats, and identifying local resources.
(2) Sense of congress.--It is the sense of Congress that
individual Citizen Corps councils should seek to enhance the
preparedness and response capabilities of all organizations
participating in the councils, including by

[[Page S2640]]

providing funding to as many of their participating
organizations as practicable to promote local terrorism
preparedness programs.
(c) Required Coordination.--The Secretary shall ensure that
there is effective and ongoing coordination of Federal
efforts to prevent, prepare for, and respond to acts of
terrorism and other major disasters and emergencies among the
divisions of the Department, including the Directorate of
Emergency Preparedness and Response and the Office for State
and Local Government Coordination and Preparedness.
(d) Coordination of Industry Efforts.--Section 102(f) of
the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) coordinating industry efforts, with respect to
functions of the Department, to identify private sector
resources and capabilities that could be effective in
supplementing Federal, State, and local government agency
efforts to prevent or respond to a terrorist attack.''.
(e) Study Regarding Nationwide Emergency Notification
System.--
(1) Study.--The Secretary, in consultation with the heads
of other appropriate Federal agencies and representatives of
providers and participants in the telecommunications
industry, shall conduct a study to determine whether it is
cost effective, efficient, and feasible to establish and
implement an emergency telephonic alert notification system
that will--
(A) alert persons in the United States of imminent or
current hazardous events caused by acts of terrorism; and
(B) provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or
minimize threats to their safety and welfare posed by such
events.
(2) Technologies to consider.--In conducting the study
under paragraph (1), the Secretary shall consider the use of
the telephone, wireless communications, and other existing
communications networks to provide such notification.
(3) Report.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report regarding the conclusions of the study conducted
under paragraph (1).
(f) Study of Expansion of Area of Jurisdiction of Office of
National Capital Region Coordination.--
(1) Study.--The Secretary, acting through the Director of
the Office of National Capital Region Coordination, shall
conduct a study of the feasibility and desirability of
modifying the definition of ``National Capital Region''
applicable under section 882 of the Homeland Security Act of
2002 (6 U.S.C. 462) to expand the geographic area under the
jurisdiction of the Office of National Capital Region
Coordination.
(2) Factors.--In conducting the study under paragraph (1),
the Secretary shall analyze whether expanding the geographic
area under the jurisdiction of the Office of National Region
Coordination will--
(A) promote coordination among State and local governments
within the Region, including regional governing bodies, and
coordination of the efforts of first responders; and
(B) enhance the ability of such State and local governments
and the Federal Government to prevent and respond to a
terrorist attack within the Region.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress on the study conducted under paragraph (1), and
shall include in the report such recommendations (including
recommendations for legislation to amend section 882 of the
Homeland Security Act of 2002 (6 U.S.C. 462)) as the
Secretary considers appropriate.
(g) Study of Risk Allocation for Port Security Grants.--
(1) Study.--The Secretary shall conduct a study of the
factors to be used for the allocation of funds based on risk
for port security grants made under section 70107 of title
46, United States Code.
(2) Factors.--In conducting the study, the Secretary shall
analyze the volume of international trade and economic
significance of each port.
(3) Report.--Not later than 90 days after the enactment of
the Act, the Secretary shall submit a report to Congress on
the study and shall include recommendations for using such
factors in allocating grant funds to ports.
(h) Study of Allocation of Assistance to Firefighter
Grants.--
(1) Study.--The Secretary shall conduct a study of the
allocation of grant fund awards made under the Assistance to
Firefighter Grants program and shall analyze the distribution
of awards by State.
(2) Factors.--In conducting the study, the Secretary shall
analyze the number of awards and the per capita amount of
grant funds awarded to each State and the level of unmet
firefighting equipment needs in each State. The study shall
also analyze whether allowing local departments to submit
more than 1 annual application and expanding the list of
eligible applicants for such grants to include States will
enhance the ability of State and local governments to respond
to fires.
(3) Report.--Not later than 90 days after the date of
enactment of the Act, the Secretary shall submit a report to
Congress on the study and shall include recommendations for
legislation amending the factors used in allocating grant
funds to insure that critical firefighting needs are
addressed by the program in all areas of the Nation.

SEC. 204. MINIMUM PERFORMANCE REQUIREMENTS.

The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.), as amended by sections 201, 202, and 203
is amended by adding at the end the following:

``SEC. 2007. MINIMUM PERFORMANCE REQUIREMENTS.

``(a) In General.--The Administrator shall--
``(1) establish minimum performance requirements for
entities that receive homeland security grants;
``(2) conduct, in coordination with State, regional, local,
and tribal governments receiving grants under the Homeland
Security Grant Program, simulations and exercises to test the
minimum performance requirements established under paragraph
(1) for--
``(A) emergencies (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) and major disasters not less
than twice each year; and
``(B) catastrophic incidents (as that term is defined in
section 501) not less than once each year; and
``(3) ensure that entities that the Administrator
determines are failing to demonstrate minimum performance
requirements established under paragraph (1) shall remedy the
areas of failure, not later than the end of the second full
fiscal year after the date of such determination by--
``(A) establishing a plan for the achievement of the
minimum performance requirements under paragraph (1),
including--
``(i) developing intermediate indicators for the 2 fiscal
years following the date of such determination; and
``(ii) conducting additional simulations and exercises; and
``(B) revising an entity's homeland security plan, if
necessary, to achieve the minimum performance requirements
under paragraph (1).
``(b) Waiver.--At the discretion of the Administrator, the
occurrence of an actual emergency, major disaster, or
catastrophic incident in an area may be deemed as a
simulation under subsection (a)(2).
``(c) Report to Congress.--Not later than the end of the
first full fiscal year after the date of enactment of the
Improving America's Security Act of 2007, and each fiscal
year thereafter, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and to the Committee on Homeland Security of the
House of Representatives a report describing--
``(1) the performance of grantees under subsection (a)(1);
``(2) lessons learned through the simulations and exercises
under subsection (a)(2); and
``(3) efforts being made to remedy failed performance under
subsection (a)(3).''.

SEC. 205. AUDITS.

The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.), as amended by sections 201, 202, 203,
and 204 is amended by adding at the end the following:

``SEC. 2008. AUDITING.

``(a) Audit of Grants.--
``(1) In general.--Not later than the date described in
paragraph (2), and every 2 years thereafter, the Inspector
General of the Department shall conduct an audit of each
entity that receives a covered grant or a grant under section
1809 to evaluate the use of funds under such grant program by
such entity.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving America's
Security Act of 2007; and
``(B) the date that an entity first receives a covered
grant or a grant under section 1809, as the case may be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds under the relevant grant program by
an entity during the 2 full fiscal years before the date of
that audit; and
``(B) whether funds under that grant program were used by
that entity as required by law.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60 days after
the date of enactment of the Improving America's Security Act
of 2007, and annually thereafter, the Inspector General of
the Department shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this paragraph
shall describe--
``(i)(I) for the first such report, the audits conducted
under this subsection during the 2-year period beginning on
the date of enactment of the Improving America's Security Act
of 2007; and
``(II) for each subsequent such report, the audits
conducted under this subsection during the fiscal year before
the date of the submission of that report;
``(ii) whether funds under each grant audited during the
period described in clause (i) that is applicable to such
report were used as required by law.

[[Page S2641]]

``(b) Audit of Other Preparedness Grants.--
``(1) In general.--Not later than the date described in
paragraph (2), the Inspector General of the Department shall
conduct an audit of each entity that receives a covered grant
or a grant under section 1809 to evaluate the use by that
entity of any grant for preparedness administered by the
Department that was awarded before the date of enactment of
the Improving America's Security Act of 2007.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving America's
Security Act of 2007; and
``(B) the date that an entity first receives a covered
grant or a grant under section 1809, as the case may be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds by an entity under any grant for
preparedness administered by the Department that was awarded
before the date of enactment of the Improving America's
Security Act of 2007;
``(B) whether funds under each such grant program were used
by that entity as required by law; and
``(C) the extent to which such funds were used to enhance
preparedness.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60 days after
the date of enactment of the Improving America's Security Act
of 2007, and annually thereafter, the Inspector General of
the Department shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this paragraph
shall describe--
``(i)(I) for the first such report, the audits conducted
under this subsection during the 2-year period beginning on
the date of enactment of the Improving America's Security Act
of 2007; and
``(II) for each subsequent such report, the audits
conducted under this subsection during the fiscal year before
the date of the submission of that report;
``(ii) whether funds under each grant audited were used as
required by law; and
``(iii) the extent to which funds under each grant audited
were used to enhance preparedness.
``(c) Funding for Audits.--
``(1) In general.--The Administrator shall withhold 1
percent of the total amount of each covered grant or a grant
under section 1809 for audits under this section.
``(2) Availability of funds.--The Administrator shall make
amounts withheld under this subsection available as follows:
``(A) Amounts withheld from grants under the State Homeland
Security Grant Program shall be made available for audits
under this section of entities receiving grants under the
State Homeland Security Grant Program.
``(B) Amounts withheld from grants under the Urban Area
Security Initiative shall be made available for audits under
this section of entities receiving grants under the Urban
Area Security Initiative.
``(C) Amounts withheld from grants under the Law
Enforcement Terrorism Prevention Program shall be made
available for audits under this section of entities receiving
grants under the Law Enforcement Terrorism Prevention Grant
Program.
``(D) Amounts withheld from grants under the Citizen Corps
Program shall be made available for audits under this section
of entities receiving grants under the Citizen Corps Program.
``(E) Amounts withheld from grants under section 1809 shall
be made available for audits under this section of entities
receiving grants under section 1809.''.

SEC. 206. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

(a) Technical and Conforming Amendment.--Section 1014 of
the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
(1) by striking subsection (c)(3);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Administration.--Grants under this section shall be
administered in accordance with title XX of the Homeland
Security Act of 2002.''.
(b) Temporary Limitations on Application.--
(1) 1-year delay in application.--The following provisions
of title XX of the Homeland Security Act of 2002, as added by
this Act, shall not apply during the 1-year period beginning
on the date of enactment of this Act--
(A) Subsections (b), (c), and (e)(4) (A) and (B) of section
2002; and
(B) In section 2002(f)(3)(A)(i), the phrase ``by achieving,
maintaining, or enhancing the essential capabilities of the
applicants on a nationwide basis,''.
(2) 2-year delay in application.--The following provisions
of title XX of the Homeland Security Act of 2002, as added by
this Act, shall not apply during the 2-year period beginning
on the date of enactment of this Act--
(A) Subparagraphs (D) and (E) of section 2006(g)(4); and
(B) Section 2006(i)(3).
(c) Definitions.--
(1) Title xx.--Title XX of the Homeland Security Act of
2002, as amended by sections 201, 202, 203, 204, and 205 is
amended by adding at the end the following:

``SEC. 2009. DEFINITIONS.

``In this title:
``(1) Board.--The term `Board' means the Homeland Security
Grants Board established under section 2002(f).
``(2) Consequence.--The term `consequence' means the
assessment of the effect of a completed attack.
``(3) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 2001(b).
``(4) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the qualified
applicant pool for self-governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
``(B) employs at least 10 full-time personnel in a law
enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services;
and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility designated
as high-risk critical infrastructure by the Secretary;
``(iii) is located within or contiguous to 1 of the 50
largest metropolitan statistical areas in the United States;
or
``(iv) has more than 1,000 square miles of Indian country,
as that term is defined in section 1151 of title 18, United
States Code.
``(5) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the
highest or second-highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
``(6) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(7) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, and respond to acts of
terrorism consistent with established practices.
``(8) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider' under section 2.
``(9) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional
or village corporation as defined in or established pursuant
to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(10) Region.--The term `region' means any geographic
area--
``(A) certified by the Secretary under section 2002(a)(3);
``(B) consisting of all or parts of 2 or more counties,
municipalities, or other local governments and including a
city with a core population exceeding 500,000 according to
the most recent estimate available from the United States
Census; and
``(C) that, for purposes of an application for a covered
grant--
``(i) is represented by 1 or more local governments or
governmental agencies within such geographic area; and
``(ii) is established by law or by agreement of 2 or more
such local governments or governmental agencies, such as
through a mutual aid agreement.
``(11) Risk-based funding.--The term `risk-based funding'
means the allocation of funds based on an assessment of
threat, vulnerability, and consequence.
``(12) Task force.--The term `Task Force' means the Task
Force on Essential Capabilities established under section
2004.
``(13) Threat.--The term `threat' means the assessment of
the plans, intentions, and capability of an adversary to
implement an identified attack scenario.
``(14) Vulnerability.--The term `vulnerability' means the
degree to which a facility is available or accessible to an
attack, including the degree to which the facility is
inherently secure or has been hardened against such an
attack.''.
(2) Definition of emergency response providers.--Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101(6)) is amended by striking ``includes'' and all
that follows and inserting ``includes Federal, State, and
local governmental and nongovernmental emergency public
safety, law enforcement, fire, emergency response, emergency
medical (including hospital emergency facilities), and
related personnel, organizations, agencies, and
authorities.''.
(d) Table of Contents.--Section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended in the
table of contents by adding at the end the following:

``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 2001. Risk-Based funding for homeland security.

[[Page S2642]]

``Sec. 2002. Covered grant eligibility and criteria.
``Sec. 2003. Essential capabilities for homeland security.
``Sec. 2004. Task Force on Essential Capabilities.
``Sec. 2005. National standards for first responder equipment and
training.
``Sec. 2006. Use of funds and accountability requirements.
``Sec. 2007. Minimum performance requirements.
``Sec. 2008. Auditing.
``Sec. 2009. Definitions.''.

On page 116, line 8, strike ``0.75 percent'' and insert
``0.25 percent''.
On page 116, line 13, strike ``0.25 percent'' and insert
``0.08 percent''.
On page 347, strike lines 19 through 22, and insert the
following:
``(1) result in distributions to public safety entities
among the several States that ensure that for each fiscal
year--
``(A) no State receives less than an amount equal to 0.25
percent of the total funds appropriated for such grants; and
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands each receive no
less than 0.08 percent of the amounts appropriated for such
grants; and
______

SA 336. Mr. SCHUMER (for himself, and Mrs. Clinton) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes, as
follows:

On page 64, between lines 2 and 3, insert the following:
``(e) Prohibition of Peer Review Process.--The peer review
process may not be used in determining the allocation of
funds among metropolitan areas applying for grants under this
section.
______

SA 337. Mr. SCHUMER (for himself, and Mrs. Clinton) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes, as
follows:

On page 59, between lines 9 and 10, insert the following:
``(f) Use of Grant Funds for Personnel Costs.--The
Secretary may not provide for any limitation on the
percentage or amount of any grant awarded under the Homeland
Security Grant Program which may be used for personnel costs,
including overtime or backfill costs.
On page 86, strike lines 6 through 20.
______

SA 338. Mr. OBAMA (for himself, Mr. Warner, Mr. Coburn, Ms. Landrieu,
Mr. Kennedy, Mr. Menendez, Mrs. Clinton, and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes,
which was ordered to lie on the table; as follows:

On page 69, strike line 15 and all that follows through
page 70, line 2, and insert the following:
``(d) Minimum Allocation.--
``(1) In general.--In allocating funds under subsection
(c), the Administrator shall ensure that, for each fiscal
year--
``(A) except as provided in subparagraph (B), each State
(other than the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands) receives an
amount equal to not less than 0.25 percent of the total funds
appropriated for the State Homeland Security Grant Program;
``(B) each State (other than the Virgin Islands, American
Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands) that meets any of the additional high-risk
qualifying criteria described in paragraph (2) receives an
amount equal to not less than 0.45 percent of the total funds
appropriated for the State Homeland Security Grant Program;
``(C) the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands each receives an
amount equal to not less than 0.08 percent of the total funds
appropriated for the State Homeland Security Grant Program;
and
``(D) directly eligible tribes collectively receive an
amount equal to not less than 0.08 percent of the total funds
appropriated for the State Homeland Security Grant Program,
except that this subparagraph shall not apply if the
Administrator receives less than 5 applications for that
fiscal year from directly eligible tribes or does not approve
at least 1 such application for that fiscal year.
``(2) Additional high-risk qualifying criteria.--The
additional high-risk qualifying criteria described in this
paragraph are--
``(A) having an international land border; or
``(B) adjoining a body of water within North America
through which an international boundary line extends.
______

SA 339. Mr. WYDEN (for himself, Mr. Lieberman, Ms. Collins, and Mr.
Smith) submitted an amendment intended to be proposed by him to the
bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, add the following:

SEC. 15__. SPECIAL NEEDS REGISTRY PILOT PROGRAM.

(a) Definitions.--In this section--
(1) the term ``eligible entity'' means a nonprofit entity
that--
(A) possesses expertise in creating a coordinated response
among individuals and organizations involved with individuals
with special needs;
(B) has a documented successful history of technology
implementation and program development in the service of
linking public and private organizations in information-
sharing initiatives, particularly with and among social
agencies;
(C) has expertise in--
(i) managing technology implementations (including 9-1-1
data); and
(ii) using highly secure, auditable, Internet-based
information dissemination methods;
(D) has alerting capabilities; and
(E) is capable of creating and managing directories of
special needs people;
(2) the terms ``emergency'' and ``major disaster'' have the
meanings given those terms in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122);
(3) the terms ``emergency response provider'' and ``local
government'' have the meanings given those terms in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101);
(4) the term ``pilot program'' means the Special Needs
Registry Pilot Program established under subsection (b); and
(5) the term ``special needs registry'' means a voluntary
and updatable registry of individuals with special needs that
is readily accessible to emergency response providers.
(b) Establishment.--The Secretary shall establish a Special
Needs Registry Pilot Program, to establish voluntary and
updatable registries of individuals with special needs,
readily accessible to emergency response providers to
facilitate the evacuation of such individuals in the event of
an emergency or major disaster.
(c) Selection.--The Secretary shall select an eligible
entity to establish or operate a special needs registry in
not fewer than 3 locations under the pilot program, including
not fewer than--
(1) 1 location in an urban area that has a special needs
registry and a system for integrating that registry with
emergency response centers;
(2) 1 location in a rural area that has a special needs
registry and does not have a system for integrating that
registry with emergency response centers; and
(3) 1 location that does not have a special needs registry.
(d) Requirements.--A special needs registry established or
operated under the pilot program shall--
(1) be voluntary;
(2) have an easily accessible means of registration;
(3) include information regarding individuals with special
needs sufficient to allow emergency response providers to
find such individuals quickly;
(4) be updated regularly; and
(5) be--
(A) maintained in a secure, private, and encrypted
environment; and
(B) distributed to appropriate local, county, State, and
Federal emergency operations centers.
(e) Reports.--Not later than 10 months after the date that
the Secretary selects an eligible entity under subsection
(c), the Secretary shall submit to Congress a report--
(1) describing the use of funds under the pilot program;
and
(2) recommending whether the pilot program should be
extended or modified.
(f) Termination.--The pilot program shall terminate 1 year
after the date that the Secretary selects an eligible entity
under subsection (c).
(g) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 to carry out this section.
______

SA 340. Mr. ROCKEFELLER submitted an amendment intended to be
proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr.
Lieberman, and Ms. Collins) to the

[[Page S2643]]

bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

On page 4, strike the item relating to section 1336 and
insert the following:

Sec. 1336. Unified carrier registration system plan agreement.
Sec. 1337. Authorization of appropriations.

On page 298, strike line 8 and insert the following:

SEC. 1336. UNIFIED CARRIER REGISTRATION SYSTEM PLAN
AGREEMENT.

(a) In General.--Notwithstanding section 4305(a) of the
SAFETEA-LU Act (Public Law 109-59)--
(1) section 14504 of title 49, United States Code, as that
section was in effect on December 31, 2006, is re-enacted,
effective as of January 1, 2007; and
(2) no fee shall be collected pursuant to section 14504a of
title 49, United States Code, until 30 days after the date,
as determined by the Secretary of Transportation, on which--
(A) the unified carrier registration system plan and
agreement required by that section has been fully
implemented; and
(B) the fees have been set by the Secretary under
subsection (d)(7)(B) of that section.
(b) Repeal of Section 14504.--Section 14504 of title 49,
United States Code, as re-enacted by this Act, is repealed
effective on the date on which fees may be collected under
section 14504a of title 49, United States Code, pursuant to
subsection (a)(2) of this section.

SEC. 1337. AUTHORIZATION OF APPROPRIATIONS.

______

SA 341. Mr. COLEMAN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

On page 124, line 16, strike ``and'' after the semicolon.
On page 124, line 18, strike the period and insert ``;
and''.
On page 124, between lines 18 and 19, insert the following:
(9) identify solutions to facilitate communications between
emergency response providers in communities of differing
population densities.
______

SA 342. Ms. COLLINS (for herself, Mr. Stevens, Mr. Voinovich, Mr.
Warner, Mr. Sununu, and Mr. Grassley) proposed an amendment to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; as follows:

Strike section 803 (relating to Transportation Security
Administration personnel management) and insert the
following:

SEC. 803. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR
PASSENGER AND PROPERTY SCREENERS.

(a) Appeal Rights; Engagement Mechanism for Workplace
Issues; Pay for Performance; Union Membership.--
(1) In general.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is
amended--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Except as provided in section 883 of the
Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs
(2) through (5), notwithstanding''; and
(B) by adding at the end the following:
``(2) Right to appeal adverse action.--An individual
employed or appointed to carry out the screening functions of
the Administrator under section 44901 of title 49, United
States Code, may submit an appeal of an adverse action
covered by section 7512 of title 5, United States Code, and
finalized after the date of the enactment of Improving
America's Security Act of 2007, to the Merit Systems
Protection Board and may seek judicial review of any
resulting orders or decisions of the Merit Systems Protection
Board.
``(3) Employee engagement mechanism for addressing
workplace issues.--At every airport at which the
Transportation Security Administration screens passengers and
property under section 44901 of title 49, United States Code,
the Administrator shall provide a collaborative, integrated
employee engagement mechanism to address workplace issues.
``(4) Pay for performance.--The Administrator shall
establish a system to ensure that an individual described in
paragraph (2) is compensated at a level that reflects the
performance of such individual rather than the seniority of
such individual.
``(5) Construction.--Nothing in this section shall be
construed to prohibit an individual described in paragraph
(2) from joining a labor organization.''.
(2) Conforming amendments.--Section 111(d)(1) of such Act,
as redesignated by paragraph (1)(A), is amended--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''.
(b) Whistleblower Protections.--Section 883 of the Homeland
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter
preceding paragraph (1), by inserting ``, or section 111(d)
of the Aviation and Transportation Security Act (49 U.S.C.
44935 note),'' after ``this Act''.
(c) Reports.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the
Transportation Security Administration and the Comptroller
General of the United States shall each submit an independent
report to Congress that contains an assessment of employment
matters at the Transportation Security Administration,
including the implementation of this section.
______

SA 343. Ms. CANTWELL (for herself, Mr. Dodd, and Mr. Feingold)
submitted an amendment intended to be proposed by her to the bill S. 4,
to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COMPREHENSIVE STRATEGY TO REDUCE GLOBAL POVERTY AND
ELIMINATE EXTREME GLOBAL POVERTY.

(a) Findings.--Congress makes the following findings:
(1) The 9/11 Commission found that a ``comprehensive U.S.
strategy to counter terrorism should include economic
policies that encourage development, more open societies, and
opportunities for people to improve the lives of their
families and to enhance prospects for their children's
future''.
(2) Global poverty creates conditions that give rise to
terrorism.
(b) Declaration of Policy.--It is the policy of the United
States to promote the reduction of global poverty, the
elimination of extreme global poverty, and the achievement of
the United Nations Millennium Development Goal of reducing by
one-half the proportion of people worldwide, between 1990 and
2015, who live on less than $1 per day.
(c) Comprehensive Strategy.--
(1) Strategy required.--The President, acting through the
Secretary of State and in consultation with the heads of
other appropriate departments and agencies of the Government
of the United States, international organizations,
international financial institutions, the governments of
developing and developed countries, United States and
international nongovernmental organizations, civil society
organizations, and other appropriate entities, shall develop
and implement a comprehensive strategy to further the United
States foreign policy objective of promoting the reduction of
global poverty, the elimination of extreme global poverty,
and the achievement of the United Nations Millennium
Development Goal of reducing by one-half the proportion of
people worldwide, between 1990 and 2015, who live on less
than $1 per day.
(2) Content.--The strategy required under paragraph (1)
shall include specific and measurable goals, efforts to be
undertaken, benchmarks, and timetables to achieve the
objectives described in such paragraph.
(3) Guidelines.--The strategy required under paragraph (1)
should adhere to the following guidelines:
(A) Continued investment in existing United States
initiatives related to international poverty reduction, such
as the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et
seq.), the Millennium Challenge Act of 2003 (22 U.S.C. 7701
et seq.), the Heavily Indebted Poor Countries Initiative, and
trade preference programs for developing countries.
(B) Increasing overall United States development assistance
levels while at the same time improving the effectiveness of
such assistance.
(C) Enhancing and expanding debt relief.
(D) Leveraging United States trade policy where possible to
enhance economic development prospects for developing
countries.
(E) Coordinating efforts and working in cooperation with
developed and developing countries, international
organizations, and international financial institutions.
(F) Mobilizing and leveraging the participation of
businesses, United States and international nongovernmental
organizations, civil society, and public-private
partnerships.
(G) Coordinating the goal of poverty reduction with other
development goals, such as combating the spread of
preventable diseases such as HIV/AIDS, tuberculosis, and
malaria, increasing access to potable water and basic
sanitation, and reducing hunger and malnutrition.

[[Page S2644]]

(H) Integrating principles of sustainable development into
policies and programs.
(d) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the President, acting through
the Secretary of State, shall transmit to the appropriate
congressional committees a report that describes the strategy
required under subsection (c).
(2) Subsequent reports.--Not less than once every year
after the submission of the initial report under paragraph
(1) until and including 2015, the President shall transmit to
the appropriate congressional committees a report on the
status of the implementation of the strategy, progress made
in achieving the global poverty reduction objectives
described in subsection (c)(1), and any changes to the
strategy since the date of the submission of the last report.
(e) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, and the Committee on Appropriations of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Appropriations of the House
of Representatives.
(2) Extreme global poverty.--The term ``extreme global
poverty'' refers to the conditions in which individuals live
on less than $1 per day, adjusted for purchasing power parity
in 1993 United States dollars, according to World Bank
statistics.
(3) Global poverty.--The term ``global poverty'' refers to
the conditions in which individuals live on less than $2 per
day, adjusted for purchasing power parity in 1993 United
States dollars, according to World Bank statistics.

______

SA 344. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez, Mr.
Reid, and Mrs. Clinton) submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROVISION OF IMMIGRATION BENEFITS FOR VICTIMS OF
TERRORISM.

(a) Short Title.--This section may be cited as the
``September 11 Family Humanitarian Relief and Patriotism
Act''.
(b) Definitions.--
(1) Application of immigration and nationality act
provisions.--Except as otherwise specifically provided in
this section, the definitions in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than the
definitions applicable exclusively to title III of such Act,
shall apply for purposes of this section.
(2) Specified terrorist activity.--For purposes of this
section, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
(c) Adjustment of Status for Certain Nonimmigrant Victims
of Terrorism.--
(1) Adjustment of status.--
(A) In general.--The status of any alien described in
paragraph (2) shall be adjusted by the Secretary to that of
an alien lawfully admitted for permanent residence, if the
alien--
(i) applies for such adjustment not later than 2 years
after the date on which the Secretary promulgates final
regulations to implement this subsection; and
(ii) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(B) Rules in applying certain provisions.--
(i) In general.--In the case of an alien described in
paragraph (2) who is applying for adjustment of status under
this subsection--

(I) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(II) the Secretary may grant the alien a waiver on the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).

(ii) Standards.--In granting waivers under clause (i)(II),
the Secretary shall use standards used in granting consent
under subparagraphs (A)(iii) and (C)(ii) of such section
212(a)(9).
(C) Relationship of application to certain orders.--
(i) Application permitted.--An alien present in the United
States who has been ordered excluded, deported, removed, or
ordered to depart voluntarily from the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order, apply
for adjustment of status under subparagraph (A).
(ii) Motion not required.--An alien described in clause (i)
may not be required, as a condition of submitting or granting
such application, to file a separate motion to reopen,
reconsider, or vacate such order.
(iii) Effect of decision.--If the Secretary grants a
request under clause (i), the Secretary shall cancel the
order. If the Secretary renders a final administrative
decision to deny the request, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(2) Aliens eligible for adjustment of status.--The benefits
provided under paragraph (1) shall apply to any alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(B) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(i) was lawfully present in the United States as a
nonimmigrant alien described in such section 101(a)(15) on
such date; and
(ii) died as a direct result of a specified terrorist
activity; and
(C) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(3) Stay of removal; work authorization.--
(A) In general.--The Secretary shall establish, by
regulation, a process by which an alien subject to a final
order of removal may seek a stay of such order based on the
filing of an application under paragraph (1).
(B) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary shall not order any alien to be
removed from the United States, if the alien is in removal
proceedings under any provision of such Act and has applied
for adjustment of status under paragraph (1), unless the
Secretary has rendered a final administrative determination
to deny the application.
(C) Work authorization.--The Secretary shall authorize an
alien who has applied for adjustment of status under
paragraph (1) to engage in employment in the United States
during the pendency of such application.
(4) Availability of administrative review.--The Secretary
shall provide to applicants for adjustment of status under
paragraph (1) the same right to, and procedures for,
administrative review as are provided to--
(A) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(B) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(d) Cancellation of Removal for Certain Immigrant Victims
of Terrorism.--
(1) In general.--Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (8 U.S.C. 1229b), the Secretary shall, under
such section 240A, cancel the removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
an alien described in paragraph (2), if the alien applies for
such relief.
(2) Aliens eligible for cancellation of removal.--The
benefits provided under paragraph (1) shall apply to any
alien who--
(A) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as
a direct result of a specified terrorist activity; and
(B) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(3) Stay of removal; work authorization.--
(A) In general.--The Secretary shall promulgate regulations
to provide for an alien subject to a final order of removal
to seek a stay of such order based on the filing of an
application under paragraph (1).
(4) Work authorization.--The Secretary shall authorize an
alien who has applied for cancellation of removal under
paragraph (1) to engage in employment in the United States
during the pendency of such application.
(5) Motions to reopen removal proceedings.--
(A) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an
aggravated felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any
alien who has become eligible for cancellation of removal as
a result of the enactment of this section may file 1 motion
to reopen removal proceedings to apply for such relief.
(B) Filing period.--The Secretary shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than
60 days after the date of enactment of this Act and shall
extend for a period not to exceed 240 days.
(e) Exceptions.--Notwithstanding any other provision of
this Act, an alien may not be provided relief under this
section if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any
individual culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).

[[Page S2645]]

(f) Evidence of Death.--For purposes of this section, the
Secretary shall use the standards established under section
426 of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in
determining whether death occurred as a direct result of a
specified terrorist activity.

______

SA 345. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. TRANSFER OF FUNDS FROM DTV TRANSITION AND PUBLIC
SAFETY FUND.

(a) In General.--Section 3006 of the Deficit Reduction Act
of 2005 (Public Law 109-171; 120 Stat. 24) is repealed.
(b) Authority of Secretary to Make Payments From Fund.--The
Secretary may make payments of not to exceed $1,000,000,000,
in the aggregate, through fiscal year 2009 from the Digital
Television Transition and Public Safety Fund established
under section 309(j)(8)(E) of the Communications Act of 1934
(47 U.S.C. 309(j)(8)(E)) to carry out the emergency
communications operability and interoperable communications
grant program established in section 1809 of the Homeland
Security Act of 2002, as added by section 301(a)(1).
(c) Limitations.--Grants awarded under section 1809 of the
Homeland Security Act of 2002, and funded by sums made
available under this section may not exceed--
(1) $300,000,000 in fiscal year 2007;
(2) $350,000,000 in fiscal year 2008; and
(3) $350,000,000 in fiscal year 2009.

SEC. __. REPORT TO CONGRESS.

(a) In General.--The Secretary, in cooperation with the
Chairman of the Federal Communications Commission, shall
study the possibility of allowing commercial entities to
develop national public safety communications networks that
involve commercially based solutions.
(b) Content of Study.--The study required under subsection
(a) shall examine the following:
(1) Methods by which the commercial sector can participate
in the development of a national public safety communications
network.
(2) The feasibility of developing interoperable shared-
spectrum networks to be used by both public safety officials
and private customers.
(3) The feasibility of licensing public safety spectrum
directly to the commercial sector for the creation of an
interoperable public safety communications network.
(4) The amount of spectrum required for an interoperable
public safety communications network.
(5) The feasibility of having 2 or more competing but
interoperable commercial public safety communications
networks.
(c) Submission to Congress.--Not later than 12 months after
the date of enactment of this Act, the Secretary shall report
to Congress--
(1) the findings of the study required under subsection
(a); and
(2) any recommendations for legislative, administrative, or
regulatory change that would assist the Federal Government to
implement a national public safety communications network
that involves commercially based solutions.

SEC. __. REPEAL.

Section 4 of the Call Home Act of 2006 (Public Law 109-459;
120 Stat. 3400) is repealed.

SEC. __. RULE OF APPLICATION.

Notwithstanding any other provision of this Act, section
1381 of this Act shall have no force or effect.
______

SA 346. Mr. INOUYE (for himself and Mr. Stevens) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

On page 260, line 2, after ``section'' insert ``such sums
as may be necessary for fiscal year 2007 and''.
On page 262, between lines 18 and 19, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 262, line 19, strike ``(A)'' and insert ``(B)''.
On page 262, line 20, strike ``(B)'' and insert ``(C)''.
On page 262, line 21, strike ``(C)'' and insert ``(D)''.
On page 263, between lines 17 and 18, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 263, line 18, strike ``(A)'' and insert ``(B)''.
On page 263, line 19, strike ``(B)'' and insert ``(C)''.
On page 263, line 20, strike ``(C)'' and insert ``(D)''.
On page 263, line 21, strike ``(D)'' and insert ``(E)''.
On page 263, between lines 25 and 26, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 263, line 26, strike ``(A)'' and insert ``(B)''.
On page 264, line 1, strike ``(B)'' and insert ``(C)''.
On page 264, line 2, strike ``(C)'' and insert ``(D)''.
On page 264, line 3, strike ``(D)'' and insert ``(E)''.
On page 264, between lines 6 and 7, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 264, line 7, strike ``(A)'' and insert ``(B)''.
On page 264, line 8, strike ``(B)'' and insert ``(C)''.
On page 264, line 9, strike ``(C)'' and insert ``(D)''.
On page 264, line 10, strike ``(D)'' and insert ``(E)''.
On page 270, between lines 15 and 16, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 270, line 16, strike ``(A)'' and insert ``(B)''.
On page 270, line 17, strike ``(B)'' and insert ``(C)''.
On page 270, line 18, strike ``(C)'' and insert ``(D)''.
On page 273, between lines 17 and 18, insert the following:
(A) such sums as may be necessary for fiscal year 2007;
On page 273, line 18, strike ``(A)'' and insert ``(B)''.
On page 273, line 19, strike ``(B)'' and insert ``(C)''.
On page 273, line 20, strike ``(C)'' and insert ``(D)''.
On page 278, line 18, strike the closing quotation marks
and the second period.
On page 278, between lines 18 and 19, insert the following:
``(g) Passenger Defined.--In this section, the term
`passenger' includes revenue and nonrevenue passengers and
Amtrak employees.''.
On page 295, strike lines 4 through 7 and insert the
following:
(c) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended to read as follows:
``(a) Regulations and Orders.--The Secretary of
Transportation, as necessary, shall prescribe regulations and
issue orders for every area of railroad safety supplementing
laws and regulations in effect on October 16, 1970. Any
regulation prescribed or order issued by the Secretary of
Transportation involving railroad safety shall not be subject
to challenge, under section 20114(c) of this chapter or under
any other provision of law by which such a regulation or
order may be subject to judicial review, on the ground that
it impacts security.''.
On page 298, line 6, after ``section'' insert ``such sums
as may be necessary for fiscal year 2007 and''.

On page 298, between lines 15 and 16, insert the following:
``(1) such sums as may be necessary for fiscal year 2007;
On page 298, line 16, strike ``(1)'' and insert ``(2)''.
On page 298, line 17, strike ``(2)'' and insert ``(3)''.
On page 298, line 18, strike ``(3)'' and insert ``(4)''.
On page 298, between lines 23 and 24, insert the following:
(1) such sums as may be necessary for fiscal year 2007;
On page 298, line 24, strike ``(1)'' and insert ``(2)''.
On page 298, line 25, strike ``(2)'' and insert ``(3)''.
On page 299, line 9, strike ``(3)'' and insert ``(4)''.
On page 299, line 10, strike ``(4)'' and insert ``(5)''.
On page 305, line 17, after ``section'' insert ``such sums
as may be necessary for fiscal year 2007 and''.

On page 307, after line 25, insert the following:
``(1) such sums as may be necessary for fiscal year 2007;
On page 308, line 1, strike ``(1)'' and insert ``(2)''.
On page 308, line 2, strike ``(2)'' and insert ``(3)''.
On page 308, line 3, strike ``(3)'' and insert ``(4)''.
On page 311, between lines 24 and 25, insert the following:
``(1) such sums as may be necessary for fiscal year 2007;
On page 311, line 25, strike ``(1)'' and insert ``(2)''.
On page 312, line 1, strike ``(2)'' and insert ``(3)''.
On page 312, line 2, strike ``(3)'' and insert ``(4)''.
On page 321, between lines 10 and 11, insert the following:
``(1) such sums as may be necessary for fiscal year 2007;

[[Page S2646]]

On page 321, line 11, strike ``(1)'' and insert ``(2)''.
On page 321, line 12, strike ``(2)'' and insert ``(3)''.
______

SA 347. Mr. SESSIONS proposed an amendment to amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF CONGRESS ON THE FUNDING OF FENCING AND
VEHICLES BARRIERS ALONG THE SOUTHWEST BORDER OF
THE UNITED STATES.

(a) Findings.--Congress makes the following findings:
(1) On May 17, 2006, by a vote of 83 to 16, the Senate
approved amendment 3979 sponsored by Senator Sessions to
Senate Bill 2611 (109th Congress), the Comprehensive
Immigration Reform Act of 2006, which required the Secretary
of Homeland Security to construct at least 370 miles of
fencing and 500 miles of vehicle barriers along the southwest
border of the United States.
(2) On August 2, 1006, by a vote of 94 to 3, the Senate
approved amendment 4775 sponsored by Senator Sessions to
House Bill 5631 (109th Congress), the Department of Defense
Appropriations Act, 2007, which included a provision to
appropriate $1,829,000,000 for the construction of 370 miles
of fencing and 461 miles of vehicle barriers along the
southwest border of the United States.
(3) On September 20, 2006, by a vote of 80 to 19, the
Senate approved House Bill 6061 (109th Congress), the Secure
Fence Act of 2006, which mandates the construction of fencing
and border improvements along the southwest border.
(4) On October 26, 2066, the President signed the Secure
Fence Act of 2006 (Public Law 109-367; 120 Stat. 2638), which
mandates that ``[n]ot later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall take all actions the Secretary determines necessary and
appropriate to achieve and maintain operational control over
the entire international land and maritime borders of the
United States,'' including ``physical infrastructure
enhancements to prevent unlawful entry by aliens into the
United States'' into law.
(b) Sense of Congress.--It is the sense of Congress that
Congress should--
(1) appropriate funds in the Department of Homeland
Security Appropriations Act for fiscal year 2008 to fund, at
a minimum, the strong commitment to border security
represented in the President's budget request for fiscal year
2008, which is consistent with the congressional intent
expressed in amendment 3979 sponsored by Senator Sessions to
Senate Bill 2611 (109th Congress), amendment 4775 sponsored
by Senator Sessions to House Bill 5631 (109th Congress), and
the Secure Fence Act of 2006; and
(2) appropriate funds in Department of Homeland Security
Appropriations Acts for fiscal years after fiscal year 2008
in a manner consistent with the congressional intent
expressed in such amendment 3879, such amendment 4775, and
the Secure Fence Act of 2006.
______

SA 348. Mr. WYDEN (for himself and Mr. Bond) submitted an amendment
intended to be proposed by him to the bill S. 4, to make the United
States more secure by implementing unfinished recommendations of the 9/
11 Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ___. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT
ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY
REGARDING THE TERRORIST ATTACKS OF SEPTEMBER
11, 2001.

(a) Public Availability.--Not later than 30 days after the
date of the enactment of this Act, the Director of the
Central Intelligence Agency shall prepare and make available
to the public a version of the Executive Summary of the
report entitled the ``Office of Inspector General Report on
Central Intelligence Agency Accountability Regarding Findings
and Conclusions of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks
of September 11, 2001'' issued in June 2005 that is
declassified to the maximum extent possible, consistent with
national security.
(b) Report to Congress.--The Director of the Central
Intelligence Agency shall submit to Congress a classified
annex to the redacted Executive Summary made available under
subsection (a) that explains the reason that any redacted
material in the Executive Summary was withheld from the
public.

____________________