S.Amdt. 355

TEXT OF AMENDMENTS

SA. 349. Mr. BOND (for himself and 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 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 be on the table; as follows:

On page 237, strike line 16 and all that follows through
page 239, line 4, and insert the following:
(c) National Intelligence Program Defined.--In this
section, the term ``National Intelligence Program'' has the
meaning given that term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
______

SA. 350. Mr. BOND (for himself and 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 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 be on the table; as follows:

On page 239, line 15, insert ``(1)'' after ``Requests of
Committees.--''.
On page 239, line 19, strike ``15 days'' and insert ``30
days''.
On page 239, beginning on line 22, strike ``the Permanent''
and all that follows through ``information relates'' on page
240, line 1, and insert ``or the Permanent Select Committee
on Intelligence of the House of Representatives''.
On page 240, between lines 3 and 4, insert the following:
``(2) A committee making a request under paragraph (1) may
specify a greater number of days for submittal to such
committee of information in response to such request than is
otherwise provided for under that paragraph.
______

SA. 351. 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 be on the table; as follows:

On page 4, strike the item relating to section 1366 and
insert the following:

Sec. 1366. In-line baggage system deployment.

On page 5, after the item relating to section 1376, insert
the following:

Sec. 1377. Model ports-of-entry.
Sec. 1378. Law enforcement biometric credential.
Sec. 1379. International registered traveler program.
Sec. 1380. Employee retention internship program.

On page 5, strike the items relating to sections 1381
through 1384 and insert the following:

[[Page S2725]]

Sec. 1391. Interoperable emergency communications.
Sec. 1392. Rule of construction.
Sec. 1393. Cross border interoperability reports.
Sec. 1394. Extension of short quorum.

On page 330, beginning in line 7, strike ``paragraph (2);''
and insert ``subsection (g);''.
On page 332, strike lines 21 and 22 and insert the
following:

SEC. 1366. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

On page 337, line 5, strike ``fully implement'' and insert
``begin full implementation of''.
On page 342, line 9, strike ``47135(m));'' and insert
``47134(m));''
On page 342, line 21, strike ``47135(m)).'' and insert
``47134(m)).''
On page 343, beginning in line 9, strike ``to the
Transportation Security Administration before entering United
States airspace; and'' and insert ``at the same time as, and
in conjunction with, advance notification requirements for
Customs and Border Protection before entering United States
airspace; and''.
On page 344, beginning with line 14, strike through line 12
on page 345 and insert the following:

SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING
CENTER.

(a) In General.--
(1) Increased training capacity.--Within 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall begin to increase the capacity of the
Department of Homeland Security's National Explosives
Detection Canine Team Program at Lackland Air Force Base to
accommodate the training of up to 200 canine teams annually
by the end of calendar year 2008.
(2) Expansion detailed requirements.--The expansion shall
include upgrading existing facilities, procurement of
additional canines, and increasing staffing and oversight
commensurate with the increased training and deployment
capabilities required by paragraph (1).
(3) Ultimate expansion.--The Secretary shall continue to
increase the training capacity and all other necessary
program expansions so that by December 31, 2009, the number
of canine teams sufficient to meet the Secretary's homeland
security mission, as determined by the Secretary on an annual
basis, may be trained at this facility.
(b) Alternative training centers.--Based on feasibility and
to meet the ongoing demand for quality explosives detection
canines teams, the Secretary shall explore the options of
creating the following:
(1) A standardized Transportation Security Administration
approved canine program that private sector entities could
use to provide training for additional explosives detection
canine teams. For any such program, the Secretary--
(A) may coordinate with key stakeholders, including
international, Federal, State, local, private sector and
academic entities, to develop best practice guidelines for
such a standardized program;
(B) shall require specific training criteria to which
private sector entities must adhere as a condition of
participating in the program; and
(C) shall review the status of these private sector
programs on at least an annual basis.
(2) Expansion of explosives detection canine team training
to at least 2 additional national training centers, to be
modeled after the Center of Excellence established at
Lackland Air Force Base.
(c ) Deployment.--The Secretary--
(1) shall use the additional explosives detection canine
teams as part of the Department's layers of enhanced mobile
security across the Nation's transportation network and to
support other homeland security programs, as deemed
appropriate by the Secretary; and
(2) may make available explosives detection canine teams to
all modes of transportation, for areas of high risk or to
address specific threats, on an as-needed basis and as
otherwise deemed appropriate by the Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out this section.

SEC. 1377. MODEL PORTS-OF-ENTRY.

(a) In General.--The Secretary of Homeland Security shall--
(1) establish a model ports-of-entry program for the
purpose of providing a more efficient and courteous
international visitor screening process in order to
facilitate and promote travel to the United States; and
(2) implement the program initially at the 12 United States
international airports with the greatest average annual
number of arriving foreign visitors.
(b) Program Elements.--The program shall include--
(1) enhanced queue management in the Federal Inspection
Services area leading up to primary inspection;
(2) customer service training for Customs and Border
Protection officers (including training in greeting arriving
visitors) developed in consultation with the Department of
Commerce and the United States Travel and Tourism Advisory
Board, customer service ratings for such officers' periodic
or annual reviews, and a requirement that officers provide a
self-addressed, postpaid customer comment form; and
(3) instructional videos, in English and such other
languages as the Secretary determines appropriate, in the
Federal Inspection Services area that explain the United
States inspection process and feature national, regional, or
local welcome videos.
(c) Additional Customs and Border Patrol Officers for High
Volume Ports.--Before the end of fiscal year 2008, the
Secretary of Homeland Security shall employ an additional 200
Customs and Border Protection officers to address staff
shortages at the 12 busiest international gateway airports in
the United States.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out this section.

SEC. 1378. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

(a) In General.--Paragraph (6) of section 44903(h) of title
49, United States Code, is amended to read as follows:
``(6) Use of biometric technology for armed law enforcement
travel.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Improving America's Security Act of 2007,
the Secretary of Homeland Security shall--
``(i) consult with the Attorney General concerning
implementation of this paragraph;
``(ii) issue any necessary rulemaking to implement this
paragraph; and
``(iii) establishing a national registered armed law
enforcement program for law enforcement officers needing to
be armed when traveling by air.
``(B) Program requirements.--The program shall--
``(i) establish a credential or a system that incorporates
biometric technology and other applicable technologies;
``(ii) provide a flexible solution for law enforcement
officers who need to be armed when traveling by air on a
regular basis and for those who need to be armed during
temporary travel assignments;
``(iii) be coordinated with other uniform credentialing
initiatives including the Homeland Security Presidential
Directive 12;
``(iv) be applicable for all Federal, State, local, tribal
and territorial government law enforcement agencies; and
``(v) establish a process by which the travel credential or
system may be used to verify the identity, using biometric
technology, of a Federal, State, local, tribal, or
territorial law enforcement officer seeking to carry a weapon
on board an aircraft, without unnecessarily disclosing to the
public that the individual is a law enforcement officer.
``(C) Procedures.--In establishing the program, the
Secretary shall develop procedures--
``(i) to ensure that only Federal, State, local, tribal,
and territorial government law enforcement officers with a
specific need to be armed when traveling by air are issued a
law enforcement travel credential;
``(II) to preserve the anonymity of the armed law
enforcement officer without calling undue attention to the
individual's identity;
``(iii) to resolve failures to enroll, false matches, and
false non-matches relating to use of the law enforcement
travel credential or system; and
``(iv) to invalidate any law enforcement travel credential
or system that is lost, stolen, or no longer authorized for
use.
``(D) Funding.--There are authorized to be appropriated to
the Secretary such sums as may be necessary to carry out this
paragraph.''.
(b) Report.--Within 180 days after implementing the
national registered armed law enforcement program required by
section 44903(h)(6) of title 49, United States Code, the
Secretary of Homeland Security shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation. If
the Secretary has not implemented the program within 180 days
after the date of enactment of this Act, the Secretary shall
issue a report to the Committee within 180 days explaining
the reasons for the failure to implement the program within
the time required by that section, and a further report
within each successive 180-day period until the program is
implemented explaining the reasons for such further delays in
implementation until the program is implemented. The
Secretary shall submit each report required by this
subsection in classified format.

SEC. 1379. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

(a) In General.--Section 7208(k)(3) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C.
1365b(k)(3)) is amended to read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports,and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the US VISIT program, other pre-screening initiatives, and
the visa waiver program within the Department of Homeland
Security.
``(B) Fees.--The Secretary may impose a fee for the program
and may modify the fee from time to time. The fee may not
exceed

[[Page S2726]]

the aggregate costs associated with the program and shall be
credited to the Department of Homeland Security for purposes
of carrying out the program. Amounts so credited shall remain
available until expended.
``(C) Rulemaking.--Within 180 days after the date of
enactment of the Improving America's Security Act of 2007,
the Secretary shall initiate a rulemaking to establish the
program, criteria for participation, and the fee for the
program.
``(D) Implementation.--Not later than 1 year after the date
of enactment of the Improving America's Security Act of 2007,
the Secretary shall establish a phased-implementation of a
biometric-based international registered traveler program in
conjunction with the US VISIT entry and exit system, other
pre-screening initiatives, and the visa waiver program within
the Department of Homeland Security at United States airports
with the highest volume of international travelers.
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.
``(F) Technologies.--The Secretary shall coordinate with
the Secretary of State to define a schedule for their
respective departments for the deployment of appropriate
technologies to begin capturing applicable and sufficient
biometrics from visa applicants and individuals seeking
admission to the United States, if such visa applicant or
individual has not previously provided such information, at
each consular location and port of entry. The Secretary of
Homeland Security shall also coordinate with the Secretary of
State regarding the feasibility of allowing visa applicants
or individuals to enroll in the International Registered
Traveler program at consular offices.''.

SEC. 1380. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

The Assistant Secretary of Homeland Security
(Transportation Security Administration), shall establish a
pilot program at a small hub airport, a medium hub airport,
and a large hub airport (as those terms are defined in
paragraphs (42), (31), and (29), respectively, of section
40102 of title 49, United States Code) for training students
to perform screening of passengers and property under section
44901 of title 49, United States Code. The program shall be
an internship for pre-employment training of final-year
students from public and private secondary schools located in
nearby communities. Under the program, participants shall
be--
(1) compensated for training and services time while
participating in the program: and
(2) required to agree, as a condition of participation in
the program, to accept employment as a screener upon
successful completion of the internship and upon graduation
from the secondary school.
On page 345, strike lines 15 and 16, and insert the
following:

SEC. 1391. INTEROPERABLE EMERGENCY COMMUNICATIONS.

On page 358, strike line 19 and insert the following:

SEC. 1392. RULE OF CONSTRUCTION.

On page 359, strike line 7 and insert the following:

SEC. 1393. CROSS BORDER INTEROPERABILITY REPORTS.

On page 361, strike line 14 and insert the following:

SEC. 1394. EXTENSION OF SHORT QUORUM.

______

SA 352. Mr. MENENDEZ 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:

On page 219, between lines 7 and 8, insert the following:

SEC. 804. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop an
initial plan to scan 100 percent of the cargo containers
destined for the United States before such containers arrive
in the United States.
(b) Plan Contents.--The plan developed under this section
shall include--
(1) specific annual benchmarks for--
(A) the percentage of cargo containers destined for the
United States that are scanned at a foreign port; and
(B) the percentage of cargo containers originating in the
United States and destined for a foreign port that are
scanned in a port in the United States before leaving the
United States;
(2) annual increases in the benchmarks described in
paragraph (1) until 100 percent of the cargo containers
destined for the United States are scanned before arriving in
the United States;
(3) the use of existing programs, including the Container
Security Initiative established by section 205 of the
Security and Accountability For Every Port Act of 2006 (6
U.S.C. 945) and the Customs-Trade Partnership Against
Terrorism established by subtitle B of title II of such Act
(6 U.S.C. 961 et seq.), to reach the benchmarks described in
paragraph (1); and
(4) the use of scanning equipment, personnel, and
technology to reach the goal of 100 percent scanning of cargo
containers.
______

SA 353. Mr. BINGAMAN 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 be on
the table; as follows:

On page 150, line 10, after ``section 1016'' insert ``and
information use, collection, storage, and disclosure''.
______

SA 354. Mr. LIEBERMAN (for Mr. Menendez) 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; which was ordered to be on the table; as follows:

On page 219, between lines 7 and 8, insert the following:

SEC. 804. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

Section 232(c) of the Security and Accountability For Every
Port Act (6 U.S.C. 982(c)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) In general.--Not later''; and
(2) by inserting at the end the following new paragraph:
``(2) Plan for 100 percent scanning of cargo containers.--
``(A) In general.--The first report under paragraph (1)
shall include an initial plan to scan 100 percent of the
cargo containers destined for the United States before such
containers arrive in the United States.
``(B) Plan contents.--The plan under paragraph (A) shall
include--
``(i) specific annual benchmarks for the percentage of
cargo containers destined for the United States that are
scanned at a foreign port;
``(ii) annual increases in the benchmarks described in
clause (i) until 100 percent of the cargo containers destined
for the United States are scanned before arriving in the
United States;
``(iii) the use of existing programs, including the
Container Security Initiative established by section 205 and
the Customs-Trade Partnership Against Terrorism established
by subtitle B, to reach the benchmarks described in clause
(i); and
``(iv) the use of scanning equipment, personnel, and
technology to reach the goal of 100 percent scanning of cargo
containers.
``(C) Subsequent reports.--Each report under paragraph (1)
after the intial report shall include an assessment of the
progress toward implementing the plan under subparagraph
(A).''.
______

SA 355. Ms. CANTWELL 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 111, line 10, before the semicolon insert
``regarding equipment and software''.
On page 113, between lines 23 and 24, insert the following:
``(G) the extent to which a grant would minimize the need
for local government agencies to replace communications
equipment;
On page 122, between lines 20 and 21, insert the following:
(d) SAFECOM.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall revise the
recommended grant guidance for emergency response
communications and interoperability grants under the SAFECOM
Program of the Department to ensure that it--
(1) is technology neutral;
(2) supports a system-of-systems approach; and
(3) is representative of open-standards based software and
equipment.
(e) Evaluation of Department of Defense Communications
Systems.--Section 1803(d) of the Homeland Security Act of
2002 (6 U.S.C. 573(d)) is amended by striking paragraph (4)
and inserting the following:
``(4) a list of best practices relating to the ability to
continue to communicate and to

[[Page S2727]]

provide and maintain interoperable emergency communications
in the event of natural disasters, acts of terrorism, or
other man-made disasters, including--
``(A) an evaluation, in consultation with the Secretary of
Defense, of technological approaches used by the Armed Forces
of the United States to achieve interoperable communications
and the applicability of such approaches to addressing the
interoperable emergency communications needs of Federal
agencies and State, local, and tribal governments; and
``(B) an evaluation of the feasibility and desirability of
the Department developing, on its own or in conjunction with
the Department of Defense, a mobile communications
capability, modeled on the Army Signal Corps, that could be
deployed to support emergency communications at the site of
natural disasters, acts of terrorism, or other man-made
disasters.''.
On page 124, line 7, after ``equipment'' insert ``and
software''.
On page 124, line 8, after ``identity'' insert ``equipment
and software''.
On page 124, line 14, after ``training'' insert ``,
software,''.
On page 124, line 18, after ``equipment'' insert ``and
software''.
______

SA 356. Ms. SNOWE (for herself and 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 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. __. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

(a) Establishment.--(1) Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting
after section 103G the following new section:

``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

``Sec. 103H.  (a) Office of Inspector General of
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, and audits
relating to--
``(A) the programs and operations of the intelligence
community;
``(B) the elements of the intelligence community within the
National Intelligence Program; and
``(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence community;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and effectiveness in
the administration and implementation of such programs and
operations, and in such relationships; and
``(B) to prevent and detect fraud and abuse in such
programs, operations, and relationships;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General
of the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.
``(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position
of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections
(g) and (h), it shall be the duty and responsibility of the
Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to the
programs and operations of the intelligence community, the
elements of the intelligence community within the National
Intelligence Program, and the relationships between the
elements of the intelligence community within the National
Intelligence Program and the other elements of the
intelligence community to ensure they are conducted
efficiently and in accordance with applicable law and
regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in such programs and operations, and in such
relationships, and to report the progress made in
implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within seven days to the congressional intelligence
committees.
``(3) The Director shall advise the Inspector General at
the time a report under paragraph (2) is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a
copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the
Inspector General has notice under paragraph (3) that the
Inspector General considers appropriate.
``(f) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall have access to any
employee, or any employee of a contractor, of any element of
the intelligence community whose testimony is needed for the
performance of the duties of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the
programs and operations with respect to which the Inspector
General has responsibilities under this section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
``(D) Failure on the part of any employee, or any employee
of a contractor, of any element of the intelligence community
to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director or, on the
recommendation of the Director, other appropriate officials
of the intelligence community, including loss of employment
or the termination of an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once
such complaint or information has been received from an
employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the

[[Page S2728]]

complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by or
before an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or
on behalf of any other element of the intelligence community,
including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1) In the event of a matter within the
jurisdiction of the Inspector General of the Intelligence
Community that may be subject to an investigation,
inspection, or audit by both the Inspector General of the
Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility
for an element or elements of the intelligence community, the
Inspector General of the Intelligence Community and such
other Inspector or Inspectors General shall expeditiously
resolve which Inspector General shall conduct such
investigation, inspection, or audit.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit
the results of such investigation, inspection, or audit to
any other Inspector General, including the Inspector General
of the Intelligence Community, with jurisdiction to conduct
such investigation, inspection, or audit who did not conduct
such investigation, inspection, or audit.
``(3)(A) If an investigation, inspection, or audit covered
by paragraph (1) is conducted by an Inspector General other
than the Inspector General of the Intelligence Community, the
Inspector General of the Intelligence Community may, upon
completion of such investigation, inspection, or audit by
such other Inspector General, conduct under this section a
separate investigation, inspection, or audit of the matter
concerned if the Inspector General of the Intelligence
Community determines that such initial investigation,
inspection, or audit was deficient in some manner or that
further investigation, inspection, or audit is required.
``(B) This paragraph shall not apply to the Inspector
General of the Department of Defense or to any other
Inspector General within the Department of Defense.
``(h) Staff and Other Support.--(1) The Inspector General
of the Intelligence Community shall be provided with
appropriate and adequate office space at central and field
office locations, together with such equipment, office
supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions of the
Inspector General. The Inspector General shall ensure that
any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties
of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the
Inspector General may request such information or assistance
as may be necessary for carrying out the duties and
responsibilities of the Inspector General from any
department, agency, or other element of the United States
Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community, conduct, as authorized by this
section, an investigation, inspection, or audit of such
element and may enter into any place occupied by such element
for purposes of the performance of the duties of the
Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month periods
ending December 31 (of the preceding year) and June 30,
respectively.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this
paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and
implementation of programs and operations of the intelligence
community, and in the relationships between elements of the
intelligence community, identified by the Inspector General
during the period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during
the period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and operations undertaken by the
intelligence community, and in the relationships between
elements of the intelligence community, and to detect and
eliminate fraud and abuse in such programs and operations and
in such relationships.
``(C) Not later than the 30 days after the date of receipt
of a report under subparagraph (A), the Director shall
transmit the report to the congressional intelligence
committees together with any comments the Director considers
appropriate.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration and
implementation of programs or operations of the intelligence
community or in the relationships between elements of the
intelligence community.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent
of the Senate, including such a position held on an acting
basis;
``(ii) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the Director of National
Intelligence; or
``(iii) holds or held a position as head of an element of
the intelligence community or a position covered by
subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by
a current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or

[[Page S2729]]

``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,

the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, or audit
conducted by the Office of the Inspector General which has
been requested by the Chairman or Vice Chairman or Ranking
Minority Member of either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within
seven calendar days of such receipt, forward such transmittal
to the congressional intelligence committees, together with
any comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the congressional
intelligence committees directly as described in clause (i)
only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
congressional intelligence committees in accordance with
appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under clause (i) does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operation of an intelligence
activity involving classified information, but does not
include differences of opinions concerning public policy
matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) in response to an employee's reporting
an urgent concern in accordance with this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protection
Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App.
8H note).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the
Attorney General any information, allegation, or complaint
received by the Inspector General relating to violations of
Federal criminal law that involves a program or operation of
an element of the intelligence community, or in the
relationships between the elements of the intelligence
community, consistent with such guidelines as may be issued
by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the
Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be
issued by the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the Intelligence Community.
``(k) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (g), the performance by the Inspector General of
the Intelligence Community of any duty, responsibility, or
function regarding an element of the intelligence community
shall not be construed to modify or effect the duties and
responsibilities of any other Inspector General, whether
statutory or administrative, having duties and
responsibilities relating to such element.''.
(2) The table of contents in the first section of the
National Security Act of 1947 is amended by inserting after
the item relating to section 103G the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.

(b) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C.
App.) is repealed.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following new item:

``Inspector General of the Intelligence Community.''.
______

SA 357. Mr. KYL 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 page 174, strike line 1 and all that follows through
page 175, line 18, and insert the following:
The terms ``data-mining'' and ``database'' have the same
meaning as in 126(b) of Public Law 109-177.
(c) Reports on Data Mining Activities by Federal
Agencies.--
(1) Requirement for report.--The head of each department or
agency of the Federal Government that is engaged in any
activity to use or develop data mining shall submit a report
to Congress on all such activities of the department or
agency under the jurisdiction of that official. The report
shall be made available to the public, except for a
classified annex described in paragraph (2)(H).
(2) Content of report.--Each report submitted under
paragraph (1) shall include, for each activity to use or
develop data mining, the following information:
(A) A thorough description of the data mining activity, its
goals, and, where appropriate, the target dates for the
deployment of the data mining activity.
(B) A thorough description, consistent with the protection
of existing patents, proprietary business processes, trade
secrets, and intelligence sources and methods, of the data
mining technology that is being used or will be used,
including the basis for determining whether a particular
pattern or anomaly is indicative of terrorist or criminal
activity.
______

SA 358. Mrs. MURRAY 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. __. PILOT PROJECT TO REDUCE THE NUMBER OF TRANSPORTATION
SECURITY OFFICERS AT AIRPORT EXIT LANES.

(a) In General.--The Administrator of the Transportation
Security Administration (referred to in this section as the
``Administrator'') shall conduct a pilot program to identify
technological solutions for reducing the number of
Transportation Security Administration employees at airport
exit lanes.
(b) Program Components.--In conducting the pilot program
under this section, the Administrator shall--
(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized entry;
and
(2) work with airport officials to deploy such technologies
in multiple configurations at selected airports at which at
least 75 percent of the exits are not co-located with a
screening checkpoint.
(c) Reports.--
(1) Initial report.--Not later than 90 days after the
enactment of this Act, the Administrator shall submit a
report to the congressional committees set forth in paragraph
(3) that describes--
(A) the airports selected to participate in the pilot
program;
(B) the potential savings from implementing the
technologies at selected airport exits; and
(C) the types of configurations expected to be deployed at
such airports.
(2) Final report.--Not later than 1 year after the
technologies are deployed at the airports participating in
the pilot program, the Administrator shall submit a final
report to the congressional committees described in paragraph
(3) that describes--

[[Page S2730]]

(A) the security measures deployed;
(B) the projected cost savings; and
(C) the efficacy of the program and its applicability to
other airports in the United States.
(3) Congressional committees.--The reports required under
this subsection shall be submitted to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Homeland Security of the House of
Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $6,000,000 for each of the fiscal years
2008 and 2009 to carry out this section.
______

SA 359. Mr. LAUTENBERG 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. ------. DHS INSPECTOR GENERAL REPORT ON HIGHWAY WATCH
GRANT PROGRAM.

Within 90 days after the date of enactment of this Act, the
Inspector General of the Department of Homeland Security
shall submit a report to the Senate Committee on Commerce,
Science, and Transportation on the Trucking Security Grant
Program for fiscal years 2004 and 2005 that--
(1) addresses the grant announcement, application, receipt,
review, award, monitoring, and closeout processes; and
(2) states the amount obligated or expended under the
program for fiscal years 2004 and 2005 for--
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(E) marketing; and
(F) other functions.
______

SA 360. Mr. GRAHAM (for himself and Mr. Brownback) 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 be on the table; as follows:

At the end of title XV, add the following new section:

SEC. 1505. SENSE OF CONGRESS ON THE NUCLEAR PROGRAM OF IRAN.

(a) Findings.--Congress makes the following findings:
(1) President of Iran Mahmoud Ahmadinejad refuses to
abandon the uranium enrichment program of the Government of
Iran, and continues to work towards advancing that program.
(2) The United Nations Security Council unanimously passed
Security Council Resolution 1737 on December 23, 2006, which
imposed sanctions on trade and expertise related to the
nuclear infrastructure of Iran and the transfer to Iran of
International Atomic Energy Agency technical aid.
(3) United Nations Security Council Resolution 1737 (2006)
states that if Iran refuses to comply with the Resolution
within 60 days, the Security Council ``shall adopt further
appropriate measures under Article 41 of Chapter VII of the
Charter of the United Nations to persuade Iran to comply with
this resolution and the requirements of the IAEA, and
underlines that further decisions will be required should
such additional measures be necessary''.
(4) According to a report issued by the International
Atomic Energy Agency on February 21, 2007, Iran failed to
comply with United Nations Resolution 1737 within 60 days.
(5) The refusal of the Government of Iran to comply with
International Atomic Energy Agency orders to prove the
peaceful intent of its nuclear program and with United
Nations Security Council Resolution 1737 (2006) indicates
that the efforts of the Government of Iran toward uranium
enrichment are not for peaceful means.
(6) The Government of Iran has contributed to instability
in the Middle East and has shown itself unwilling to use its
influence to support peaceful transformation in the region,
including through the following actions:
(A) The Government of Iran has demonstrated its ability to
strike United States military forces and allies in the Middle
East with missiles.
(B) Weapons produced in Iran have moved into Iraq and other
countries in the region in support of violent religious
extremism, a practice which the Government of Iran is either
incapable or unwilling to stop.
(C) President Ahmadinejad continues to assert that Israel
will be ``wiped off the map'' and consistently denies the
existence of the holocaust, as evidenced through hosting an
``International Conference to Review the Global Vision of the
Holocaust'' on December 11, 2006.
(7) John Michael McConnell, Director of National
Intelligence, indicated in a hearing of the Committee on
Armed Services of the Senate on February 27, 2007, that
economic sanctions on Iran uniformly applied by the
international community could have a major effect on the
economy of Iran.
(8) The placement and implementation of sanctions on
countries such as North Korea and Libya have made progress in
bringing about change.
(9) Despite the release of an internal European Union
document dated February 7, 2007, which indicated that
European Union officials believe that preventing Iran from
developing a nuclear weapon is not likely, on February 12,
2007 the European Union agreed, in compliance with United
Nations Security Council Resolution 1737 (2006), to impose
limited sanctions on Iran in order to prevent the sale of
materials and technology that could be used in Iran's nuclear
program.
(10) Full economic sanctions on the part of the entire
international community have not been applied to Iran.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear program of the Government of Iran continues
to be of grave concern and should be considered a serious
threat to the United States and its military forces and
personnel in the Middle East, and to United States allies and
interests in Europe, the Middle East, and Asia;
(2) as a result of the failure of Iran to comply with
United Nations Security Resolution 1737 (2006), the United
Nations Security Council should implement additional
sanctions in order to persuade Iran to comply with
requirements imposed by the International Atomic Energy
Agency;
(3) full economic sanctions, uniformly imposed by the
entire international community, including Russia and China,
offer the best opportunity to bring about significant change
in Iran to prevent the development of a nuclear weapon in
Iran; and
(4) the elimination of the threat of a nuclear Iran is in
the long term interest of the people of Iran, the region, and
the world.
______

SA 361. Mr. LIEBERMAN (for himself and Mr. McCain) 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 end, add the following new title:

TITLE XVI--ADVANCEMENT OF DEMOCRATIC VALUES

SECTION 1601. SHORT TITLE.

This title may be cited as the ``Advance Democratic Values,
Address Non-democratic Countries, and Enhance Democracy Act
of 2007'' or the ``ADVANCE Democracy Act of 2007''.

SEC. 1602. FINDINGS.

Congress finds that in order to support the expansion of
freedom and democracy in the world, the foreign policy of the
United States should be organized in support of
transformational diplomacy that seeks to work through
partnerships to build and sustain democratic, well-governed
states that will respect human rights and respond to the
needs of their people and conduct themselves responsibly in
the international system.

SEC. 1603. STATEMENT OF POLICY.

It should be the policy of the United States--
(1) to promote freedom and democracy in foreign countries
as a fundamental component of the foreign policy of the
United States;
(2) to affirm internationally recognized human rights
standards and norms and to condemn offenses against those
rights;
(3) to use instruments of United States influence to
support, promote, and strengthen democratic principles,
practices, and values, including the right to free, fair, and
open elections, secret balloting, and universal suffrage;
(4) to protect and promote fundamental freedoms and rights,
including the freedom of association, of expression, of the
press, and of religion, and the right to own private
property;
(5) to protect and promote respect for and adherence to the
rule of law;
(6) to provide appropriate support to nongovernmental
organizations working to promote freedom and democracy;
(7) to provide political, economic, and other support to
countries that are willingly undertaking a transition to
democracy;
(8) to commit to the long-term challenge of promoting
universal democracy; and
(9) to strengthen alliances and relationships with other
democratic countries in

[[Page S2731]]

order to better promote and defend shared values and ideals.

SEC. 1604. DEFINITIONS.

In this title:
(1) Annual report on advancing freedom and democracy.--The
term ``Annual Report on Advancing Freedom and Democracy''
refers to the annual report submitted to Congress by the
Department of State pursuant to section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law
107-228; 22 U.S.C. 2151n note), in which the Department
reports on actions taken by the United States Government to
encourage respect for human rights and democracy.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of State for Democracy, Human
Rights, and Labor.
(3) Community of democracies and community.--The terms
``Community of Democracies'' and ``Community'' mean the
association of democratic countries committed to the global
promotion of democratic principles, practices, and values,
which held its First Ministerial Conference in Warsaw,
Poland, in June 2000.
(4) Department.--The term ``Department'' means the
Department of State.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of State for Democracy and Global
Affairs.

Subtitle A--Liaison Officers and Fellowship Program to Enhance the
Promotion of Democracy

SEC. 1611. DEMOCRACY LIAISON OFFICERS.

(a) In General.--The Secretary of State shall establish and
staff Democracy Liaison Officer positions, under the
supervision of the Assistant Secretary, who may be assigned
to the following posts:
(1) United States missions to, or liaison with, regional
and multilateral organizations, including the United States
missions to the European Union, African Union, Organization
of American States and any other appropriate regional
organization, Organization for Security and Cooperation in
Europe, the United Nations and its relevant specialized
agencies, and the North Atlantic Treaty Organization.
(2) Regional public diplomacy centers of the Department.
(3) United States combatant commands.
(4) Other posts as designated by the Secretary of State.
(b) Responsibilities.--Each Democracy Liaison Officer
should--
(1) provide expertise on effective approaches to promote
and build democracy;
(2) assist in formulating and implementing strategies for
transitions to democracy; and
(3) carry out other responsibilities as the Secretary of
State and the Assistant Secretary may assign.
(c) New Positions.--The Democracy Liaison Officer positions
established under subsection (a) should be new positions that
are in addition to existing officer positions with
responsibility for other human rights and democracy related
issues and programs.
(d) Relationship to Other Authorities.--Nothing in this
section may be construed as removing any authority or
responsibility of a chief of mission or other employee of a
diplomatic mission of the United States provided under any
other provision of law, including any authority or
responsibility for the development or implementation of
strategies to promote democracy.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State such sums as may
be necessary to carry out the responsibilities described in
subsection (b), including hiring additional staff to carry
out such responsibilities.

SEC. 1612. DEMOCRACY FELLOWSHIP PROGRAM.

(a) Requirement for Program.--The Secretary of State shall
establish a Democracy Fellowship Program to enable Department
officers to gain an additional perspective on democracy
promotion abroad by working on democracy issues in
congressional committees with oversight over the subject
matter of this title, including the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives, and in
nongovernmental organizations involved in democracy
promotion.
(b) Selection and Placement.--The Assistant Secretary shall
play a central role in the selection of Democracy Fellows and
facilitate their placement in appropriate congressional
offices and nongovernmental organizations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State such sums as may
be necessary to carry out the responsibilities under
subsection (a), including hiring additional staff to carry
out such responsibilities.

Subtitle B--Annual Report on Advancing Freedom and Democracy

SEC. 1621. ANNUAL REPORT.

(a) Report Title.--Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2151n note) is amended in the first sentence by
inserting ``entitled the Advancing Freedom and Democracy
Report'' before the period at the end.
(b) Schedule for Submission.--If a report entitled the
Advancing Freedom and Democracy Report pursuant to section
665(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003, as amended by subsection (a), is submitted under
such section, such report shall be submitted not later than
90 days after the date of submission of the report required
by section 116(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d)).
(c) Conforming Amendment.--Section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law
107-228; 2151n note) is amended by striking ``30 days'' and
inserting ``90 days''.

SEC. 1622. SENSE OF CONGRESS ON TRANSLATION OF HUMAN RIGHTS
REPORTS.

It is the sense of Congress that the Secretary of State
should continue to ensure and expand the timely translation
of Human Rights and International Religious Freedom reports
and the Annual Report on Advancing Freedom and Democracy
prepared by personnel of the Department of State into the
principal languages of as many countries as possible.
Translations are welcomed because information on United
States support for universal enjoyment of freedoms and rights
serves to encourage individuals around the globe seeking to
advance the cause of freedom in their countries.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State

SEC. 1631. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

(a) Sense of Congress.--Congress commends the Secretary of
State for creating an Advisory Committee on Democracy
Promotion, and it is the sense of Congress that the Committee
should play a significant role in the Department's
transformational diplomacy by advising the Secretary of State
regarding United States efforts to promote democracy and
democratic transition in connection with the formulation and
implementation of United States foreign policy and foreign
assistance.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State for the purpose
of implementing the Advisory Committee on Democracy Promotion
$1,000,000 for each of fiscal years 2008, 2009, and 2010.

SEC. 1632. SENSE OF CONGRESS ON THE INTERNET WEBSITE OF THE
DEPARTMENT OF STATE.

It is the sense of Congress that--
(1) the Secretary of State should continue and further
expand the Secretary's existing efforts to inform the public
in foreign countries of the efforts of the United States to
promote democracy and defend human rights through the
Internet website of the Department of State;
(2) the Secretary of State should continue to enhance the
democracy promotion materials and resources on that Internet
website, as such enhancement can benefit and encourage those
around the world who seek freedom; and
(3) such enhancement should include where possible and
practical, translated reports on democracy and human rights
prepared by personnel of the Department, narratives and
histories highlighting successful nonviolent democratic
movements, and other relevant material.

Subtitle D--Training in Democracy and Human Rights; Promotions

SEC. 1641. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND
HUMAN RIGHTS.

It is the sense of Congress that--
(1) the Secretary of State should continue to enhance and
expand the training provided to foreign service officers and
civil service employees on how to strengthen and promote
democracy and human rights; and
(2) the Secretary of State should continue the effective
and successful use of case studies and practical workshops
addressing potential challenges, and work with non-state
actors, including nongovernmental organizations that support
democratic principles, practices, and values.

SEC. 1642. ADVANCE DEMOCRACY AWARD.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should further strengthen the
capacity of the Department to carry out result-based
democracy promotion efforts through the establishment of
awards and other employee incentives, including the
establishment of an annual award known as Outstanding
Achievements in Advancing Democracy, or the ADVANCE Democracy
Award, that would be awarded to officers or employees of the
Department; and
(2) the Secretary of State should establish the procedures
for selecting recipients of such award, including any
financial terms, associated with such award.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State such sums as may
be necessary to fund the award described in subsection (a),
including costs associated with travel of the recipient to
Washington, DC.

SEC. 1643. PROMOTIONS.

The precepts for selection boards responsible for
recommending promotions of foreign service officers,
including members of the senior foreign service, should
include consideration of a candidate's experience or service
in promotion of human rights and democracy.

SEC. 1644. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN
COUNTRIES AND ACTIVITIES OF CHIEFS OF MISSION.

It is the sense of Congress that each chief of mission
should provide input on the actions described in the
Advancing Freedom and Democracy Report submitted under
section 665(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law

[[Page S2732]]

107-228; 22 U.S.C. 2151n note), as amended by section 1621,
and should intensify democracy and human rights promotion
activities.

Subtitle E--Alliances With Democratic Countries

SEC. 1651. ALLIANCES WITH DEMOCRATIC COUNTRIES.

(a) Establishment of an Office for the Community of
Democracies.--
(1) In general.--The Secretary of State should, and is
authorized to, establish an Office for the Community of
Democracies with the mission to further develop and
strengthen the institutional structure of the Community of
Democracies, develop interministerial projects, enhance the
United Nations Democracy Caucus, manage policy development of
the United Nations Democracy Fund, and enhance coordination
with other regional and multilateral bodies with jurisdiction
over democracy issues.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of State such sums as may
be necessary for establishing and maintaining the Office of
the Community of Democracies.
(b) International Center for Democratic Transition.--
(1) Sense of congress.--It is the sense of Congress that
the International Center for Democratic Transition, an
initiative of the Government of Hungary, serves to promote
practical projects and the sharing of best practices in the
area of democracy promotion and should be supported by, in
particular, other European countries with experiences in
democratic transitions, the United States, and private
individuals.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated for
a grant to the International Center for Democratic Transition
$1,000,000 for each of fiscal years 2008, 2009, and 2010.
(B) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this paragraph
shall remain available until expended.

Subtitle F--Funding for Promotion of Democracy

SEC. 1661. SENSE OF CONGRESS ON THE UNITED NATIONS DEMOCRACY
FUND.

It is the sense of Congress that the United States should
work with other countries to enhance the goals and work of
the United Nations Democracy Fund, an essential tool to
promote democracy, and in particular support civil society in
their efforts to help consolidate democracy and bring about
transformational change.

SEC. 1662. THE HUMAN RIGHTS AND DEMOCRACY FUND.

(a) Purpose.--The purpose of the Human Rights and Democracy
Fund should be to support innovative programming, media, and
materials designed to uphold democratic principles, support
and strengthen democratic institutions, promote human rights
and the rule of law, and build civil societies in countries
around the world.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Human Rights and Democracy Fund to carry out the purposes
of this section $100,000,000 for fiscal year 2008 and
$150,000,000 for fiscal year 2009.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriation in this subsection
shall remain available until expended.
______

SA 362. Mr. KOHL (for himself, Mr. Specter, and Mr. Leahy) 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:

=========================== NOTE ===========================

On Page S2732, March 6, 2007, amendment SA 349 is submitted by
Mr. KOHL.

On online record has been corrected to read that it is amendment
SA 362 that was submitted by Mr. KOHL.

========================= END NOTE =========================

On page 389, after line 13, add the following:

TITLE __.--CIGARETTE TRAFFICKING

SEC. __01. SHORT TITLE; FINDINGS; PURPOSE.

(a) Short Title.--This title may be cited as the ``Prevent
All Cigarette Trafficking Act of 2007'' or ``PACT Act''.
(b) Findings.--Congress finds that--
(1) the sale of illegal cigarettes and smokeless tobacco
products significantly reduces Federal, State, and local
government revenues, with Internet sales alone accounting for
billions of dollars of lost Federal, State, and local tobacco
tax revenue each year;
(2) Hezbollah, Hamas, al Qaeda, and other terrorist
organizations have profited from trafficking in illegal
cigarettes or counterfeit cigarette tax stamps;
(3) terrorist involvement in illicit cigarette trafficking
will continue to grow because of the large profits such
organizations can earn;
(4) the sale of illegal cigarettes and smokeless tobacco
over the Internet, and through mail, fax, or phone orders,
make it cheaper and easier for children to obtain tobacco
products;
(5) the majority of Internet and other remote sales of
cigarettes and smokeless tobacco are being made without
adequate precautions to protect against sales to children,
without the payment of applicable taxes, and without
complying with the nominal registration and reporting
requirements in existing Federal law;
(6) unfair competition from illegal sales of cigarettes and
smokeless tobacco is taking billions of dollars of sales away
from law-abiding retailers throughout the United States;
(7) with rising State and local tobacco tax rates, the
incentives for the illegal sale of cigarettes and smokeless
tobacco have increased;
(8) the number of active tobacco investigations being
conducted by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives rose to 452 in 2005;
(9) the number of Internet vendors in the United States and
in foreign countries that sell cigarettes and smokeless
tobacco to buyers in the United States has increased from
only about 40 in 2000 to more than 500 in 2005; and
(10) the intrastate sale of illegal cigarettes and
smokeless tobacco over the Internet has a substantial effect
on interstate commerce.
(c) Purposes.--It is the purpose of this title to--
(1) require Internet and other remote sellers of cigarettes
and smokeless tobacco to comply with the same laws that apply
to law-abiding tobacco retailers;
(2) create strong disincentives to illegal smuggling of
tobacco products;
(3) provide government enforcement officials with more
effective enforcement tools to combat tobacco smuggling;
(4) make it more difficult for cigarette and smokeless
tobacco traffickers to engage in and profit from their
illegal activities;
(5) increase collections of Federal, State, and local
excise taxes on cigarettes and smokeless tobacco; and
(6) prevent and reduce youth access to inexpensive
cigarettes and smokeless tobacco through illegal Internet or
contraband sales.

SEC. __02. COLLECTION OF STATE CIGARETTE AND SMOKELESS
TOBACCO TAXES.

(a) Definitions.--The Act of October 19, 1949 (15 U.S.C.
375 et seq.; commonly referred to as the ``Jenkins Act'')
(referred to in this title as the ``Jenkins Act''), is
amended by striking the first section and inserting the
following:

``SECTION 1. DEFINITIONS.

``As used in this Act, the following definitions apply:
``(1) Attorney general.--The term `attorney general', with
respect to a State, means the attorney general or other chief
law enforcement officer of the State, or the designee of that
officer.
``(2) Cigarette.--
``(A) In general.--For purposes of this Act, the term
`cigarette' shall--
``(i) have the same meaning given that term in section 2341
of title 18, United States Code; and
``(ii) include `roll-your-own tobacco' (as that term is
defined in section 5702 of the Internal Revenue Code of
1986).
``(B) Exception.--For purposes of this Act, the term
`cigarette' does not include a `cigar,' as that term is
defined in section 5702 of the Internal Revenue Code of 1986.
``(3) Common carrier.--The term `common carrier' means any
person (other than a local messenger service or the United
States Postal Service) that holds itself out to the general
public as a provider for hire of the transportation by water,
land, or air of merchandise, whether or not the person
actually operates the vessel, vehicle, or aircraft by which
the transportation is provided, between a port or place and a
port or place in the United States.
``(4) Consumer.--The term `consumer' means any person that
purchases cigarettes or smokeless tobacco, but does not
include any person lawfully operating as a manufacturer,
distributor, wholesaler, or retailer of cigarettes or
smokeless tobacco.
``(5) Delivery sale.--The term `delivery sale' means any
sale of cigarettes or smokeless tobacco to a consumer if--
``(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
``(B) the cigarettes or smokeless tobacco are delivered by
use of a common carrier, private delivery service, or the
mails, or the seller is not in the physical presence of the
buyer when the buyer obtains possession of the cigarettes or
smokeless tobacco.
``(6) Delivery seller.--The term `delivery seller' means a
person who makes a delivery sale.
``(7) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18, United
States Code, except that within the State of Alaska that term
applies only to the Metlakatla Indian Community, Annette
Island Reserve.
``(8) Indian tribe.--The term `Indian tribe', `tribe', or
`tribal' refers to an Indian tribe as defined in section 4(e)
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)) or as listed pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a-1).
``(9) Interstate commerce.--The term `interstate commerce'
means commerce between a State and any place outside the
State, commerce between a State and any Indian country in the
State, or commerce between points in the same State but
through any place outside the State or through any Indian
country.

[[Page S2733]]

``(10) Person.--The term `person' means an individual,
corporation, company, association, firm, partnership,
society, State government, local government, Indian tribal
government, governmental organization of such government, or
joint stock company.
``(11) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession
of the United States.
``(12) Smokeless tobacco.--The term `smokeless tobacco'
means any finely cut, ground, powdered, or leaf tobacco, or
other product containing tobacco, that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted.
``(13) Tobacco tax administrator.--The term `tobacco tax
administrator' means the State, local, or tribal official
duly authorized to collect the tobacco tax or administer the
tax law of a State, locality, or tribe, respectively.
``(14) Use.--The term `use', in addition to its ordinary
meaning, means the consumption, storage, handling, or
disposal of cigarettes or smokeless tobacco.''.
(b) Reports to State Tobacco Tax Administrators.--Section 2
of the Jenkins Act (15 U.S.C. 376) is amended--
(1) by striking ``cigarettes'' each place it appears and
inserting ``cigarettes or smokeless tobacco'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``Contents.--''after ``(a)''
(ii) by striking ``or transfers'' and inserting ``,
transfers, or ships'';
(iii) by inserting ``, locality, or Indian country of an
Indian tribe'' after ``a State'';
(iv) by striking ``to other than a distributor licensed by
or located in such State,''; and
(v) by striking ``or transfer and shipment'' and inserting
``, transfer, or shipment'';
(B) in paragraph (1)--
(i) by striking ``with the tobacco tax administrator of the
State'' and inserting ``with the Attorney General of the
United States and with the tobacco tax administrators of the
State and place''; and
(ii) by striking ``; and'' and inserting the following: ``,
as well as telephone numbers for each place of business, a
principal electronic mail address, any website addresses, and
the name, address, and telephone number of an agent in the
State authorized to accept service on behalf of such
person;'';
(C) in paragraph (2), by striking ``and the quantity
thereof.'' and inserting ``the quantity thereof, and the
name, address, and phone number of the person delivering the
shipment to the recipient on behalf of the delivery seller,
with all invoice or memoranda information relating to
specific customers to be organized by city or town and by zip
code; and''; and
(D) by adding at the end the following:
``(3) with respect to each memorandum or invoice filed with
a State under paragraph (2), also file copies of such
memorandum or invoice with the tobacco tax administrators and
chief law enforcement officers of the local governments and
Indian tribes operating within the borders of the State that
apply their own local or tribal taxes on cigarettes or
smokeless tobacco.'';
(3) in subsection (b)--
(A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
(B) by striking ``(1) that'' and inserting ``that''; and
(C) by striking ``, and (2)'' and all that follows and
inserting a period; and
(4) by adding at the end the following:
``(c) Use of Information.--A tobacco tax administrator or
chief law enforcement officer who receives a memorandum or
invoice under paragraph (2) or (3) of subsection (a) shall
use such memorandum or invoice solely for the purposes of the
enforcement of this Act and the collection of any taxes owed
on related sales of cigarettes and smokeless tobacco, and
shall keep confidential any personal information in such
memorandum or invoice not otherwise required for such
purposes.''.
(c) Requirements for Delivery Sales.--The Jenkins Act is
amended by inserting after section 2 the following:

``SEC. 2A. DELIVERY SALES.

``(a) In General.--With respect to delivery sales into a
specific State and place, each delivery seller shall comply
with--
``(1) the shipping requirements set forth in subsection
(b);
``(2) the recordkeeping requirements set forth in
subsection (c);
``(3) all State, local, tribal, and other laws generally
applicable to sales of cigarettes or smokeless tobacco as if
such delivery sales occurred entirely within the specific
State and place, including laws imposing--
``(A) excise taxes;
``(B) licensing and tax-stamping requirements;
``(C) restrictions on sales to minors; and
``(D) other payment obligations or legal requirements
relating to the sale, distribution, or delivery of cigarettes
or smokeless tobacco; and
``(4) the tax collection requirements set forth in
subsection (d).
``(b) Shipping and Packaging.--
``(1) Required statement.--For any shipping package
containing cigarettes or smokeless tobacco, the delivery
seller shall include on the bill of lading, if any, and on
the outside of the shipping package, on the same surface as
the delivery address, a clear and conspicuous statement
providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL
LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND
COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING
OBLIGATIONS'.
``(2) Failure to label.--Any shipping package described in
paragraph (1) that is not labeled in accordance with that
paragraph shall be treated as nondeliverable matter by a
common carrier or other delivery service, if the common
carrier or other delivery service knows or should know the
package contains cigarettes or smokeless tobacco. If a common
carrier or other delivery service believes a package is being
submitted for delivery in violation of paragraph (1), it may
require the person submitting the package for delivery to
establish that it is not being sent in violation of paragraph
(1) before accepting the package for delivery. Nothing in
this paragraph shall require the common carrier or other
delivery service to open any package to determine its
contents.
``(3) Weight restriction.--A delivery seller shall not
sell, offer for sale, deliver, or cause to be delivered in
any single sale or single delivery any cigarettes or
smokeless tobacco weighing more than 10 pounds.
``(4) Age verification.--
``(A) In general.--Notwithstanding any other provision of
law, a delivery seller who mails or ships tobacco products--
``(i) shall not sell, deliver, or cause to be delivered any
tobacco products to a person under the minimum age required
for the legal sale or purchase of tobacco products, as
determined by the applicable law at the place of delivery;
``(ii) shall use a method of mailing or shipping that
requires--

``(I) the purchaser placing the delivery sale order, or an
adult who is at least the minimum age required for the legal
sale or purchase of tobacco products, as determined by the
applicable law at the place of delivery, to sign to accept
delivery of the shipping container at the delivery address;
and
``(II) the person who signs to accept delivery of the
shipping container to provide proof, in the form of a valid,
government-issued identification bearing a photograph of the
individual, that the person is at least the minimum age
required for the legal sale or purchase of tobacco products,
as determined by the applicable law at the place of delivery;
and

``(iii) shall not accept a delivery sale order from a
person without--

``(I) obtaining the full name, birth date, and residential
address of that person; and
``(II) verifying the information provided in subclause (I),
through the use of a commercially available database or
aggregate of databases, consisting primarily of data from
government sources, that are regularly used by government and
businesses for the purpose of age and identity verification
and authentication, to ensure that the purchaser is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by the applicable law at the
place of delivery.

``(B) Limitation.--No database being used for age and
identity verification under subparagraph (A)(iii) shall be in
the possession or under the control of the delivery seller,
or be subject to any changes or supplementation by the
delivery seller.
``(c) Records.--
``(1) In general.--Each delivery seller shall keep a record
of any delivery sale, including all of the information
described in section 2(a)(2), organized by the State, and
within such State, by the city or town and by zip code, into
which such delivery sale is so made.
``(2) Record retention.--Records of a delivery sale shall
be kept as described in paragraph (1) in the year in which
the delivery sale is made and for the next 4 years.
``(3) Access for officials.--Records kept under paragraph
(1) shall be made available to tobacco tax administrators of
the States, to local governments and Indian tribes that apply
their own local or tribal taxes on cigarettes or smokeless
tobacco, to the attorneys general of the States, to the chief
law enforcement officers of such local governments and Indian
tribes, and to the Attorney General of the United States in
order to ensure the compliance of persons making delivery
sales with the requirements of this Act.
``(d) Delivery.--
``(1) In general.--Except as provided in paragraph (2), no
delivery seller may sell or deliver to any consumer, or
tender to any common carrier or other delivery service, any
cigarettes or smokeless tobacco pursuant to a delivery sale
unless, in advance of the sale, delivery, or tender--
``(A) any cigarette or smokeless tobacco excise tax that is
imposed by the State in which the cigarettes or smokeless
tobacco are to be delivered has been paid to the State;
``(B) any cigarette or smokeless tobacco excise tax that is
imposed by the local government of the place in which the
cigarettes or smokeless tobacco are to be delivered has been
paid to the local government; and
``(C) any required stamps or other indicia that such excise
tax has been paid are properly affixed or applied to the
cigarettes or smokeless tobacco.
``(2) Exception.--Paragraph (1) does not apply to a
delivery sale of smokeless tobacco if the law of the State or
local government of the place where the smokeless tobacco is
to be delivered requires or otherwise provides that delivery
sellers collect the excise tax

[[Page S2734]]

from the consumer and remit the excise tax to the State or
local government, and the delivery seller complies with the
requirement.
``(e) List of Unregistered or Noncompliant Delivery
Sellers.--
``(1) In general.--
``(A) Initial list.--Not later than 90 days after this
subsection goes into effect under the Prevent All Cigarette
Trafficking Act of 2007, the Attorney General of the United
States shall compile a list of delivery sellers of cigarettes
or smokeless tobacco that have not registered with the
Attorney General, pursuant to section 2(a) or that are
otherwise not in compliance with this Act, and--
``(i) distribute the list to--

``(I) the attorney general and tax administrator of every
State;
``(II) common carriers and other persons that deliver small
packages to consumers in interstate commerce, including the
United States Postal Service; and
``(III) at the discretion of the Attorney General of the
United States, to any other persons; and

``(ii) publicize and make the list available to any other
person engaged in the business of interstate deliveries or
who delivers cigarettes or smokeless tobacco in or into any
State.
``(B) List contents.--To the extent known, the Attorney
General of the United States shall include, for each delivery
seller on the list described in subparagraph (A)--
``(i) all names the delivery seller uses in the transaction
of its business or on packages delivered to customers;
``(ii) all addresses from which the delivery seller does
business or ships cigarettes or smokeless tobacco;
``(iii) the website addresses, primary e-mail address, and
phone number of the delivery seller; and
``(iv) any other information that the Attorney General
determines would facilitate compliance with this subsection
by recipients of the list.
``(C) Updating.--The Attorney General of the United States
shall update and distribute the list at least once every 4
months, and may distribute the list and any updates by
regular mail, electronic mail, or any other reasonable means,
or by providing recipients with access to the list through a
nonpublic website that the Attorney General of the United
States regularly updates.
``(D) State, local, or tribal additions.--The Attorney
General of the United States shall include in the list under
subparagraph (A) any noncomplying delivery sellers identified
by any State, local, or tribal government under paragraph
(5), and shall distribute the list to the attorney general or
chief law enforcement official and the tax administrator of
any government submitting any such information and to any
common carriers or other persons who deliver small packages
to consumers identified by any government pursuant to
paragraph (5).
``(E) Confidentiality.--The list distributed pursuant to
subparagraph (A) shall be confidential, and any person
receiving the list shall maintain the confidentiality of the
list but may deliver the list, for enforcement purposes, to
any government official or to any common carrier or other
person that delivers tobacco products or small packages to
consumers. Nothing in this section shall prohibit a common
carrier, the United States Postal Service, or any other
person receiving the list from discussing with the listed
delivery sellers the delivery sellers' inclusion on the list
and the resulting effects on any services requested by such
listed delivery seller.
``(2) Prohibition on delivery.--
``(A) In general.--Commencing on the date that is 60 days
after the date of the initial distribution or availability of
the list under paragraph (1)(A), no person who receives the
list under paragraph (1), and no person who delivers
cigarettes or smokeless tobacco to consumers, shall knowingly
complete, cause to be completed, or complete its portion of a
delivery of any package for any person whose name and address
are on the list, unless--
``(i) the person making the delivery knows or believes in
good faith that the item does not include cigarettes or
smokeless tobacco;
``(ii) the delivery is made to a person lawfully engaged in
the business of manufacturing, distributing, or selling
cigarettes or smokeless tobacco; or
``(iii) the package being delivered weighs more than 100
pounds and the person making the delivery does not know or
have reasonable cause to believe that the package contains
cigarettes or smokeless tobacco.
``(B) Implementation of updates.--Commencing on the date
that is 30 days after the date of the distribution or
availability of any updates or corrections to the list under
paragraph (1), all recipients and all common carriers or
other persons that deliver cigarettes or smokeless tobacco to
consumers shall be subject to subparagraph (A) in regard to
such corrections or updates.
``(3) Shipments from persons on list.--
``(A) In general.--In the event that a common carrier or
other delivery service delays or interrupts the delivery of a
package it has in its possession because it determines or has
reason to believe that the person ordering the delivery is on
a list distributed under paragraph (1)--
``(i) the person ordering the delivery shall be obligated
to pay--

``(I) the common carrier or other delivery service as if
the delivery of the package had been timely completed; and
``(II) if the package is not deliverable, any reasonable
additional fee or charge levied by the common carrier or
other delivery service to cover its extra costs and
inconvenience and to serve as a disincentive against such
noncomplying delivery orders; and

``(ii) if the package is determined not to be deliverable,
the common carrier or other delivery service shall, in its
discretion, either provide the package and its contents to a
Federal, State, or local law enforcement agency or destroy
the package and its contents.
``(B) Records.--A common carrier or other delivery service
shall maintain, for a period of 5 years, any records kept in
the ordinary course of business relating to any deliveries
interrupted pursuant to this paragraph and provide that
information, upon request, to the Attorney General of the
United States or to the attorney general or chief law
enforcement official or tax administrator of any State,
local, or tribal government.
``(C) Confidentiality.--Any person receiving records under
subparagraph (B) shall use such records solely for the
purposes of the enforcement of this Act and the collection of
any taxes owed on related sales of cigarettes and smokeless
tobacco, and the person receiving records under subparagraph
(B) shall keep confidential any personal information in such
records not otherwise required for such purposes.
``(4) Preemption.--
``(A) In general.--No State, local, or tribal government,
nor any political authority of 2 or more State, local, or
tribal governments, may enact or enforce any law or
regulation relating to delivery sales that restricts
deliveries of cigarettes or smokeless tobacco to consumers by
common carriers or other delivery services on behalf of
delivery sellers by--
``(i) requiring that the common carrier or other delivery
service verify the age or identity of the consumer accepting
the delivery by requiring the person who signs to accept
delivery of the shipping container to provide proof, in the
form of a valid, government-issued identification bearing a
photograph of the individual, that such person is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by either State or local law
at the place of delivery;
``(ii) requiring that the common carrier or other delivery
service obtain a signature from the consumer accepting the
delivery;
``(iii) requiring that the common carrier or other delivery
service verify that all applicable taxes have been paid;
``(iv) requiring that packages delivered by the common
carrier or other delivery service contain any particular
labels, notice, or markings; or
``(v) prohibiting common carriers or other delivery
services from making deliveries on the basis of whether the
delivery seller is or is not identified on any list of
delivery sellers maintained and distributed by any entity
other than the Federal Government.
``(B) Relationship to other laws.--Nothing in this
paragraph shall be construed to prohibit, expand, restrict,
or otherwise amend or modify--
``(i) section 14501(c)(1) or 41713(b)(4) of title 49,
United States Code;
``(ii) any other restrictions in Federal law on the ability
of State, local, or tribal governments to regulate common
carriers; or
``(iii) any provision of State, local, or tribal law
regulating common carriers that falls within the provisions
of chapter 49 of the United States Code, sections 14501(c)(2)
or 41713(b)(4)(B).
``(C) State laws prohibiting delivery sales.--Nothing in
the Prevent All Cigarette Trafficking Act of 2007, or the
amendments made by that Act, may be construed to preempt or
supersede State laws prohibiting the delivery sale, or the
shipment or delivery pursuant to a delivery sale, of
cigarettes or smokeless tobacco to individual consumers.
``(5) State, local, and tribal additions.--
``(A) In general.--Any State, local, or tribal government
shall provide the Attorney General of the United States
with--
``(i) all known names, addresses, website addresses, and
other primary contact information of any delivery seller that
offers for sale or makes sales of cigarettes or smokeless
tobacco in or into the State, locality, or tribal land but
has failed to register with or make reports to the respective
tax administrator, as required by this Act, or that has been
found in a legal proceeding to have otherwise failed to
comply with this Act; and
``(ii) a list of common carriers and other persons who make
deliveries of cigarettes or smokeless tobacco in or into the
State, locality, or tribal lands.
``(B) Updates.--Any government providing a list to the
Attorney General of the United States under subparagraph (A)
shall also provide updates and corrections every 4 months
until such time as such government notifies the Attorney
General of the United States in writing that such government
no longer desires to submit such information to supplement
the list maintained and distributed by the Attorney General
of the United States under paragraph (1).
``(C) Removal after withdrawal.--Upon receiving written
notice that a government no longer desires to submit
information under subparagraph (A), the Attorney General of
the United States shall remove from the list under paragraph
(1) any persons that are on the list solely because of such
government's prior submissions of its list of noncomplying
delivery sellers of cigarettes or smokeless tobacco or its
subsequent updates and corrections.

[[Page S2735]]

``(6) Deadline to incorporate additions.--The Attorney
General of the United States shall--
``(A) include any delivery seller identified and submitted
by a State, local, or tribal government under paragraph (5)
in any list or update that is distributed or made available
under paragraph (1) on or after the date that is 30 days
after the date on which the information is received by the
Attorney General of the United States; and
``(B) distribute any such list or update to any common
carrier or other person who makes deliveries of cigarettes or
smokeless tobacco that has been identified and submitted by
another government, pursuant to paragraph (5).
``(7) Notice to delivery sellers.--Not later than 14 days
prior to including any delivery seller on the initial list
distributed or made available under paragraph (1), or on any
subsequent list or update for the first time, the Attorney
General of the United States shall make a reasonable attempt
to send notice to the delivery seller by letter, electronic
mail, or other means that the delivery seller is being placed
on such list or update, with that notice citing the relevant
provisions of this Act.
``(8) Limitations.--
``(A) In general.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required or otherwise obligated to--
``(i) determine whether any list distributed or made
available under paragraph (1) is complete, accurate, or up-
to-date;
``(ii) determine whether a person ordering a delivery is in
compliance with this Act; or
``(iii) open or inspect, pursuant to this Act, any package
being delivered to determine its contents.
``(B) Alternate names.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required or otherwise obligated to make any inquiries or
otherwise determine whether a person ordering a delivery is a
delivery seller on the list under paragraph (1) who is using
a different name or address in order to evade the related
delivery restrictions, but shall not knowingly deliver any
packages to consumers for any such delivery seller who the
common carrier or other delivery service knows is a delivery
seller who is on the list under paragraph (1) but is using a
different name or address to evade the delivery restrictions
of paragraph (2).
``(C) Penalties.--Any common carrier or person in the
business of delivering packages on behalf of other persons
shall not be subject to any penalty under section 14101(a) of
title 49, United States Code, or any other provision of law
for--
``(i) not making any specific delivery, or any deliveries
at all, on behalf of any person on the list under paragraph
(1);
``(ii) not, as a matter of regular practice and procedure,
making any deliveries, or any deliveries in certain States,
of any cigarettes or smokeless tobacco for any person or for
any person not in the business of manufacturing,
distributing, or selling cigarettes or smokeless tobacco; or
``(iii) delaying or not making a delivery for any person
because of reasonable efforts to comply with this Act.
``(D) Other limits.--Section 2 and subsections (a), (b),
(c), and (d) of this section shall not be interpreted to
impose any responsibilities, requirements, or liability on
common carriers.
``(f) Presumption.--For purposes of this Act, a delivery
sale shall be deemed to have occurred in the State and place
where the buyer obtains personal possession of the cigarettes
or smokeless tobacco, and a delivery pursuant to a delivery
sale is deemed to have been initiated or ordered by the
delivery seller.''.
(d) Penalties.--The Jenkins Act is amended by striking
section 3 and inserting the following:

``SEC. 3. PENALTIES.

``(a) Criminal Penalties.--
``(1) In general.--Except as provided in paragraph (2),
whoever violates any provision of this Act shall be guilty of
a felony and shall be imprisoned not more than 3 years, fined
under title 18, United States Code, or both.
``(2) Exceptions.--
``(A) Governments.--Paragraph (1) shall not apply to a
State, local, or tribal government.
``(B) Delivery violations.--A common carrier or independent
delivery service, or employee of a common carrier or
independent delivery service, shall be subject to criminal
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed intentionally--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(b) Civil Penalties.--
``(1) In general.--Except as provided in paragraph (3),
whoever violates any provision of this Act shall be subject
to a civil penalty in an amount not to exceed--
``(A) in the case of a delivery seller, the greater of--
``(i) $5,000 in the case of the first violation, or $10,000
for any other violation; or
``(ii) for any violation, 2 percent of the gross sales of
cigarettes or smokeless tobacco of such person during the 1-
year period ending on the date of the violation.
``(B) in the case of a common carrier or other delivery
service, $2,500 in the case of a first violation, or $5,000
for any violation within 1 year of a prior violation.
``(2) Relation to other penalties.--A civil penalty under
paragraph (1) for a violation of this Act shall be imposed in
addition to any criminal penalty under subsection (a) and any
other damages, equitable relief, or injunctive relief awarded
by the court, including the payment of any unpaid taxes to
the appropriate Federal, State, local, or tribal governments.
``(3) Exceptions.--
``(A) Delivery violations.--An employee of a common carrier
or independent delivery service shall be subject to civil
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed intentionally--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(B) Other limitations.--No common carrier or independent
delivery service shall be subject to civil penalties under
paragraph (1) for a violation of section 2A(e) if--
``(i) the common carrier or independent delivery service
has implemented and enforces effective policies and practices
for complying with that section; or
``(ii) an employee of the common carrier or independent
delivery service who physically receives and processes
orders, picks up packages, processes packages, or makes
deliveries, takes actions that are outside the scope of
employment of the employee in the course of the violation, or
that violate the implemented and enforced policies of the
common carrier or independent delivery service described in
clause (i).''.
(e) Enforcement.--The Jenkins Act is amended by striking
section 4 and inserting the following:

``SEC. 4. ENFORCEMENT.

``(a) In General.--The United States district courts shall
have jurisdiction to prevent and restrain violations of this
Act and to provide other appropriate injunctive or equitable
relief, including money damages, for such violations.
``(b) Authority of the Attorney General.--The Attorney
General of the United States shall administer and enforce the
provisions of this Act.
``(c) State, Local, and Tribal Enforcement.--
``(1) In general.--
``(A) Standing.--A State, through its attorney general (or
a designee thereof), or a local government or Indian tribe
that levies a tax subject to section 2A(a)(3), through its
chief law enforcement officer (or a designee thereof), may
bring an action in a United States district court to prevent
and restrain violations of this Act by any person (or by any
person controlling such person) or to obtain any other
appropriate relief from any person (or from any person
controlling such person) for violations of this Act,
including civil penalties, money damages, and injunctive or
other equitable relief.
``(B) Sovereign immunity.--Nothing in this Act shall be
deemed to abrogate or constitute a waiver of any sovereign
immunity of a State or local government or Indian tribe
against any unconsented lawsuit under this Act, or otherwise
to restrict, expand, or modify any sovereign immunity of a
State or local government or Indian tribe.
``(2) Provision of information.--A State, through its
attorney general, or a local government or Indian tribe that
levies a tax subject to section 2A(a)(3), through its chief
law enforcement officer (or a designee thereof), may provide
evidence of a violation of this Act by any person not subject
to State, local, or tribal government enforcement actions for
violations of this Act to the Attorney General of the United
States or a United States attorney, who shall take
appropriate actions to enforce the provisions of this Act.
``(3) Use of penalties collected.--
``(A) In general.--There is established a separate account
in the Treasury known as the `PACT Anti-Trafficking Fund'.
Notwithstanding any other provision of law and subject to
subparagraph (B), an amount equal to 50 percent of any
criminal and civil penalties collected by the United States
Government in enforcing the provisions of this Act shall be
transferred into the PACT Anti-Trafficking Fund and shall be
available to the Attorney General of the United States for
purposes of enforcing the provisions of this Act and other
laws relating to contraband tobacco products.
``(B) Allocation of funds.--Of the amount available to the
Attorney General under subparagraph (A), not less than 50
percent shall be made available only to the agencies and
offices within the Department of Justice that were
responsible for the enforcement actions in which the
penalties concerned were imposed or for any underlying
investigations.
``(4) Nonexclusivity of remedy.--
``(A) In general.--The remedies available under this
section and section 3 are in addition to any other remedies
available under Federal, State, local, tribal, or other law.
``(B) State court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized State official to proceed in State
court, or take other enforcement actions, on the basis of an
alleged violation of State or other law.

[[Page S2736]]

``(C) Tribal court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized Indian tribal government official to
proceed in tribal court, or take other enforcement actions,
on the basis of an alleged violation of tribal law.
``(D) Local government enforcement.--Nothing in this Act
shall be construed to expand, restrict, or otherwise modify
any right of an authorized local government official to
proceed in State court, or take other enforcement actions, on
the basis of an alleged violation of local or other law.
``(d) Persons Dealing in Tobacco Products.--Any person who
holds a permit under section 5712 of the Internal Revenue
Code of 1986 (regarding permitting of manufacturers and
importers of tobacco products and export warehouse
proprietors) may bring an action in a United States district
court to prevent and restrain violations of this Act by any
person (or by any person controlling such person) other than
a State, local, or tribal government.
``(e) Notice.--
``(1) Persons dealing in tobacco products.--Any person who
commences a civil action under subsection (d) shall inform
the Attorney General of the United States of the action.
``(2) State, local, and tribal actions.--It is the sense of
Congress that the attorney general of any State, or chief law
enforcement officer of any locality or tribe, that commences
a civil action under this section should inform the Attorney
General of the United States of the action.
``(f) Public Notice.--
``(1) In general.--The Attorney General of the United
States shall make available to the public, by posting such
information on the Internet and by other appropriate means,
information regarding all enforcement actions undertaken by
the Attorney General or United States attorneys, or reported
to the Attorney General, under this section, including
information regarding the resolution of such actions and how
the Attorney General and the United States attorney have
responded to referrals of evidence of violations pursuant to
subsection (c)(2).
``(2) Reports to congress.--The Attorney General shall
submit to Congress each year a report containing the
information described in paragraph (1).''.

SEC. __03. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS
NONMAILABLE MATTER.

Section 1716 of title 18, United States Code, is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Tobacco Products.--
``(1) Prohibition.--
``(A) In general.--Except as provided in subparagraphs (C)
and (C), all cigarettes (as that term is defined in section
1(2) of the Act of October 19, 1949 (15 U.S.C. 375; commonly
referred to as the `Jenkins Act')) and smokeless tobacco (as
that term is defined in section 1(12) of that Act), are
nonmailable and shall not be deposited in or carried through
the mails. The United States Postal Service shall not accept
for delivery or transmit through the mails any package that
it knows or has reasonable cause to believe contains any
cigarettes or smokeless tobacco made nonmailable by this
subsection.
``(B) Reasonable cause to believe.--For purposes of this
section, notification to the United States Postal Service by
the Attorney General, a United States attorney, or a State
Attorney General that an individual or entity is primarily
engaged in the business of transmitting cigarettes or
smokeless tobacco made nonmailable by this section shall
constitute reasonable cause to believe that any packages
presented to the United States Postal Service by such
individual or entity contain nonmailable cigarettes or
smokeless tobacco.
``(C) Cigars.--Subparagraph (A) shall not apply to cigars
(as that term is defined in section 5702(a) of the Internal
Revenue Code of 1986).
``(D) Geographic exception.--Subparagraph (A) shall not
apply to mailings within or into any State that is not
contiguous with at least 1 other State of the United States.
For purposes of this paragraph, `State' means any of the 50
States or the District of Columbia.
``(2) Packaging exceptions inapplicable.--Subsection (b)
shall not apply to any tobacco product made nonmailable by
this subsection.
``(3) Seizure and forfeiture.--Any cigarettes or smokeless
tobacco made nonmailable by this subsection that are
deposited in the mails shall be subject to seizure and
forfeiture, and any tobacco products so seized and forfeited
shall either be destroyed or retained by Government officials
for the detection or prosecution of crimes or related
investigations and then destroyed.
``(4) Additional penalties.--In addition to any other fines
and penalties imposed by this chapter for violations of this
section, any person violating this subsection shall be
subject to an additional penalty in the amount of 10 times
the retail value of the nonmailable cigarettes or smokeless
tobacco, including all Federal, State, and local taxes.
``(5) Use of penalties.--There is established a separate
account in the Treasury known as the `PACT Postal Service
Fund'. Notwithstanding any other provision of law, an amount
equal to 50 percent of any criminal and civil fines or
monetary penalties collected by the United States Government
in enforcing the provisions of this subsection shall be
transferred into the PACT Postal Service Fund and shall be
available to the Postmaster General for the purpose of
enforcing the provisions of this subsection.''.

SEC. __04. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING
STATUTE.

(a) In General.--A Tobacco Product Manufacturer or importer
may not sell in, deliver to, or place for delivery sale, or
cause to be sold in, delivered to, or placed for delivery
sale in a State that is a party to the Master Settlement
Agreement, any cigarette manufactured by a Tobacco Product
Manufacturer that is not in full compliance with the terms of
the Model Statute or Qualifying Statute enacted by such State
requiring funds to be placed into a qualified escrow account
under specified conditions, or any regulations promulgated
pursuant to such statute.
(b) Jurisdiction To Prevent and Restrain Violations.--
(1) In general.--The United States district courts shall
have jurisdiction to prevent and restrain violations of
subsection (a) in accordance with this subsection.
(2) Initiation of action.--A State, through its attorney
general, may bring an action in the United States district
courts to prevent and restrain violations of subsection (a)
by any person (or by any person controlling such person).
(3) Attorney fees.--In any action under paragraph (2), a
State, through its attorney general, shall be entitled to
reasonable attorney fees from a person found to have
willfully and knowingly violated subsection (a).
(4) Nonexclusivity of remedies.--The remedy available under
paragraph (2) is in addition to any other remedies available
under Federal, State, or other law. No provision of this
title or any other Federal law shall be held or construed to
prohibit or preempt the Master Settlement Agreement, the
Model Statute (as defined in the Master Settlement
Agreement), any legislation amending or complementary to the
Model Statute in effect as of June 1, 2006, or any
legislation substantially similar to such existing, amending,
or complementary legislation hereinafter enacted.
(5) Other enforcement actions.--Nothing in this subsection
shall be construed to prohibit an authorized State official
from proceeding in State court or taking other enforcement
actions on the basis of an alleged violation of State or
other law.
(6) Authority of the attorney general.--The Attorney
General of the United States may administer and enforce
subsection (a).
(c) Definitions.--In this section the following definitions
apply:
(1) Delivery sale.--The term ``delivery sale'' means any
sale of cigarettes or smokeless tobacco to a consumer if--
(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
(B) the cigarettes or smokeless tobacco are delivered by
use of a common carrier, private delivery service, or the
mails, or the seller is not in the physical presence of the
buyer when the buyer obtains possession of the cigarettes or
smokeless tobacco.
(2) Importer.--The term ``importer'' means each of the
following:
(A) Shipping or consigning.--Any person in the United
States to whom nontaxpaid tobacco products manufactured in a
foreign country, Puerto Rico, the Virgin Islands, or a
possession of the United States are shipped or consigned.
(B) Manufacturing warehouses.--Any person who removes
cigars or cigarettes for sale or consumption in the United
States from a customs-bonded manufacturing warehouse.
(C) Unlawful importing.--Any person who smuggles or
otherwise unlawfully brings tobacco products into the United
States.
(3) Master settlement agreement.--The term ``Master
Settlement Agreement'' means the agreement executed November
23, 1998, between the attorneys general of 46 States, the
District of Columbia, the Commonwealth of Puerto Rico, and 4
territories of the United States and certain tobacco
manufacturers.
(4) Model statute; qualifying statute.--The terms ``Model
Statute'' and ``Qualifying Statute'' means a statute as
defined in section IX(d)(2)(e) of the Master Settlement
Agreement.
(5) Tobacco product manufacturer.--The term ``Tobacco
Product Manufacturer'' has the meaning given that term in
section II(uu) of the Master Settlement Agreement.

SEC. __05. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS
AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE
AND SMOKELESS TOBACCO SELLERS.

(a) In General.--Any officer of the Bureau of Alcohol,
Tobacco, Firearms and Explosives may, during normal business
hours, enter the premises of any person described in
subsection (b) for the purposes of inspecting--
(1) any records or information required to be maintained by
such person under the provisions of law referred to in
subsection (d); or
(2) any cigarettes or smokeless tobacco kept or stored by
such person at such premises.
(b) Covered Persons.--Subsection (a) applies to any person
who engages in a delivery

[[Page S2737]]

sale, and who ships, sells, distributes, or receives any
quantity in excess of 10,000 cigarettes, or any quantity in
excess of 500 single-unit consumer-sized cans or packages of
smokeless tobacco, within a single month.
(c) Relief.--
(1) In general.--The district courts of the United States
shall have the authority in a civil action under this
subsection to compel inspections authorized by subsection
(a).
(2) Violations.--Whoever violates subsection (a) or an
order issued pursuant to paragraph (1) shall be subject to a
civil penalty in an amount not to exceed $10,000 for each
violation.
(d) Covered Provisions of Law.--The provisions of law
referred to in this subsection are--
(1) the Act of October 19, 1949 (15 U.S.C. 375; commonly
referred to as the ``Jenkins Act'');
(2) chapter 114 of title 18, United States Code; and
(3) this title.
(e) Delivery Sale Defined.--In this section, the term
``delivery sale'' has the meaning given that term in 2343(e)
of title 18, United States Code, as amended by this title.

SEC. __06. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL
MATTERS.

(a) In General.--Nothing in this title or the amendments
made by this title is intended nor shall be construed to
affect, amend, or modify--
(1) any agreements, compacts, or other intergovernmental
arrangements between any State or local government and any
government of an Indian tribe (as that term is defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)) relating to the collection
of taxes on cigarettes or smokeless tobacco sold in Indian
country (as that term is defined in section 1151 of title 18,
United States Code);
(2) any State laws that authorize or otherwise pertain to
any such intergovernmental arrangements or create special
rules or procedures for the collection of State, local, or
tribal taxes on cigarettes or smokeless tobacco sold in
Indian country;
(3) any limitations under existing Federal law, including
Federal common law and treaties, on State, local, and tribal
tax and regulatory authority with respect to the sale, use,
or distribution of cigarettes and smokeless tobacco by or to
Indian tribes or tribal members or in Indian country;
(4) any existing Federal law, including Federal common law
and treaties, regarding State jurisdiction, or lack thereof,
over any tribe, tribal members, or tribal reservations; and
(5) any existing State or local government authority to
bring enforcement actions against persons located in Indian
country.
(b) Coordination of Law Enforcement.--Nothing in this title
or the amendments made by this title shall be construed to
inhibit or otherwise affect any coordinated law enforcement
effort by 1 or more States or other jurisdictions, including
Indian tribes, through interstate compact or otherwise,
that--
(1) provides for the administration of tobacco product laws
or laws pertaining to interstate sales or other sales of
tobacco products;
(2) provides for the seizure of tobacco products or other
property related to a violation of such laws; or
(3) establishes cooperative programs for the administration
of such laws.
(c) Treatment of State and Local Governments.--Nothing in
this title or the amendments made by this title is intended,
and shall not be construed to, authorize, deputize, or
commission States or local governments as instrumentalities
of the United States.
(d) Enforcement Within Indian Country.--Nothing in this
title or the amendments made by this title is intended to
prohibit, limit, or restrict enforcement by the Attorney
General of the United States of the provisions herein within
Indian country.
(e) Ambiguity.--Any ambiguity between the language of this
section or its application and any other provision of this
title shall be resolved in favor of this section.

SEC. __07. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
title shall take effect on the date that is 90 days after the
date of enactment of this Act.
(b) BATFE Authority.--Section __05 shall take effect on the
date of enactment of this Act.

SEC. __08. SEVERABILITY.

If any provision of this title, or an amendment made by
this title, or the application thereof to any person or
circumstance is held invalid, the remainder of the title and
the application of it to any other person or circumstance
shall not be affected thereby.
______

SA 363. Mr. ENSIGN 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:

On page 389, after line 13, add the following:

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

(a) Establishment.--The Secretary shall establish a Law
Enforcement Assistance Force to facilitate the contributions
of retired law enforcement officers and agents during major
disasters.
(b) Eligible Participants.--An individual may participate
in the Law Enforcement Assistance Force if that individual--
(1) has experience working as an officer or agent for a
public law enforcement agency and left that agency in good
standing;
(2) holds current certifications for firearms, first aid,
and such other skills determined necessary by the Secretary;
(3) submits to the Secretary an application, at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require, that authorizes the
Secretary to review the law enforcement service record of
that individual; and
(4) meets such other qualifications as the Secretary may
require.
(c) Liability; Supervision.--Each eligible participant
shall--
(1) be protected from civil liability to the same extent as
employees of the Department; and
(2) upon acceptance of an assignment under this section--
(A) be detailed to a Federal, State, or local government
law enforcement agency;
(B) work under the direct supervision of an officer or
agent of that agency; and
(C) notwithstanding any State or local law requiring
specific qualifications for law enforcement officers, be
deputized to perform the duties of a law enforcement officer.
(d) Mobilization.--
(1) In general.--In the event of a major disaster, the
Secretary, after consultation with appropriate Federal,
State, and local government law enforcement agencies, may
request eligible participants to volunteer to assist the
efforts of those agencies responding to such emergency and
assign each willing participant to a specific law enforcement
agency.
(2) Acceptance.--If the eligible participant accepts an
assignment under this subsection, that eligible participant
shall agree to remain in such assignment for a period equal
to not less than the shorter of--
(A) the period during which the law enforcement agency
needs the services of such participant; or
(B) 30 days; or
(C) such other period of time agreed to between the
Secretary and the eligible participant.
(3) Refusal.--An eligible participant may refuse an
assignment under this subsection without any adverse
consequences.
(e) Expenses.--
(1) In general.--Each eligible participant shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while carrying out an assignment under subsection (d).
(2) Source of funds.--Expenses incurred under paragraph (1)
shall be paid from amounts appropriated to the Federal
Emergency Management Agency.
(f) Termination of Assistance.--The availability of
eligible participants of the Law Enforcement Assistance Force
shall continue for a period equal to the shorter of--
(1) the period of the major disaster; or
(2) 1 year.
(g) Definitions.--In this section--
(1) the term ``eligible participant'' means an individual
participating in the Law Enforcement Assistance Force;
(2) the term ``Law Enforcement Assistance Force'' means the
Law Enforcement Assistance Force established under subsection
(a); and
(3) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

______

SA 364. Mrs. HUTCHISON 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 138, between lines 6 and 7, insert the following:

SEC. 401A. INCREASING THE DOMESTIC SUPPLY OF NURSES AND
PHYSICAL THERAPISTS.

(a) Report.--
(1) In general.--Not later than January 1, 2008, the
Secretary of Health and Human Services shall submit to
Congress a report on the shortage of nurses and physical
therapists educated in the United States.
(2) Contents.--The report required by paragraph (1) shall--
(A) include information from the most recent 3 years for
which data are available;
(B) provide separate data for each occupation and for each
State;
(C) separately identify the nurses and physical therapists
receiving initial licenses in each State and the nurses and
physical therapists licensed by endorsement from other
States;

[[Page S2738]]

(D) identify, from among the nurses and physical therapists
receiving initial licenses in each year, the number of such
nurses and physical therapists who received professional
educations in the United States and the number of such nurses
and physical therapists who received professional educations
outside the United States;
(E) to the extent possible, identify, by State of residence
and the country in which each nurse or physical therapist
received a professional education, the number of nurses and
physical therapists who received professional educations in
any of the 5 countries from which the highest number of
nurses and physical therapists emigrated to the United
States;
(F) identify the barriers to increasing the supply of
nursing faculty in the United States, domestically trained
nurses, and domestically trained physical therapists;
(G) recommend strategies for Federal and State governments
to reduce such barriers, including strategies that address
barriers that prevent health care workers, such as home
health aides and nurse's assistants, from advancing to become
registered nurses;
(H) recommend amendments to Federal law to reduce the
barriers identified in subparagraph (F);
(I) recommend Federal grants, loans, and other incentives
that would increase the supply of nursing faculty and
training facilities for nurses in the United States, and
recommend other steps to increase the number of nurses and
physical therapists who receive professional educations in
the United States;
(J) identify the effects of emigration by nurses on the
health care systems in the countries of origin of such
nurses;
(K) recommend amendments to Federal law to minimize the
effects of shortages of nurses in the countries of origin of
nurses who immigrate to the United States; and
(L) report on the level of Federal investment determined
under subsection (b)(1) to be necessary to eliminate the
shortage of nurses and physical therapists in the United
States.
(b) Consultation.--The Secretary of Health and Human
Services shall--
(1) enter into a contract with the Institute of Medicine of
the National Academies to determine the level of Federal
investment under titles VII and VIII of the Public Health
Service Act (42 U.S.C. 292 et seq.) that would be necessary
to eliminate the shortage of nurses and physical therapists
in the United States by January 1, 2015; and
(2) consult with other agencies in working with ministers
of health or other appropriate officials of the 5 countries
from which the highest number of nurses and physical
therapists emigrated, as reported under subsection (a)(2)(E),
to--
(A) address shortages of nurses and physical therapists in
such countries caused by emigration; and
(B) provide the technical assistance needed to reduce
further shortages of nurses and physical therapists in such
countries.
(c) Recapture of Unused Employment-Based Immigrant Visas.--
Section 106(d) of the American Competitiveness in the Twenty-
first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153
note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1996, 1997,'' after ``available in
fiscal year''; and
(B) by inserting ``group I,'' after ``schedule A,'';
(2) in paragraph (2)(A), by inserting ``1996, 1997, and''
after ``available in fiscal years''; and
(3) by adding at the end the following:
``(4) Petitions.--The Secretary of Homeland Security shall
provide a process for reviewing and acting upon petitions
with respect to immigrants described in schedule A not later
than 30 days after the date on which a completed petition has
been filed.''.
______

SA 365. 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 148, between lines 7 and 8, insert the following:

SEC. 406. IMPLEMENTATION OF THE WESTERN HEMISPHERE TRAVEL
INITIATIVE.

(a) Implementation of the Western Hemisphere Travel
Initiative After June 1, 2009.--Section 7209(b)(1)(A) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended--
(1) by striking ``not later than three months'' and
inserting ``not earlier than 6 months'';
(2) by striking ``subsection (B)'' and inserting
``subparagraph (B)''; and
(3) by striking ``whichever is earlier'' and inserting
``whichever is later''.
(b) ISO Standards for Card Readers.--Section 7209(b)(1)(B)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended--
(1) in clause (vi), by striking ``and'';
(2) in clause (vii), by striking the period and inserting
``; and''; and
(3) by inserting after clause (vii) the following new
clause:
``(viii) the National Institute of Standards and Technology
certifies that the Departments of Homeland Security and State
have selected card readers that meet or exceed such security
standards as the International Organization for
Standardization may establish.''.
(c) Application of the Western Hemisphere Travel Initiative
to Children.--Section 7209(b)(2) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 8
U.S.C. 1185 note) is amended--
(1) by striking ``The plan'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the plan''; and
(2) by inserting after subparagraph (A), as redesignated,
the following new subparagraph:
``(B) Application to children.--The plan developed under
paragraph (1) shall allow a citizen of the United States or
Canada to travel from Canada into the United States without
carrying or producing the documents described in paragraph
(1) if such citizen--
``(i) carries and produces a certified copy of such
citizen's birth certificate; and
``(ii) either--

``(I) has not attained age 16 and is traveling with the
consent of such citizen's parent or guardian; or
``(II) has attained age 16, but has not attained age 19,
and is traveling--

``(aa) with the consent of such citizen's parent or
guardian;
``(bb) with a group of other such citizens who have
attained age 16, but have not attained age 19, including a
public or private school group, a religious group, a social
or cultural organization, or a youth athletics organization;
and
``(cc) under the supervision of an adult carrying the
documents described in paragraph (1) for such adult.''.
(d) Improving Registered Traveler Program.--
(1) Creation of remote enrollment centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of 6 remote enrollment centers for the registered
traveler program authorized under section 286(q) of the
Immigration and Nationality Act (8 U.S.C. 1356(q)), commonly
referred to as the NEXUS program.
(2) Creation of mobile enrollment centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of 4 mobile enrollment centers for the program
described in paragraph (1). Such mobile enrollment centers
shall be used to accept and process applications in areas
currently underserved by such programs. The Secretary shall
work with State and local authorities in determining the
locations of such mobile enrollment centers.
(3) Online application process.--The Secretary of Homeland
Security shall design an online application process for the
program described in paragraph (1). Such process shall permit
individuals to securely submit their applications online and
schedule a security interview at the nearest enrollment
center.
(4) Promoting enrollment.--
(A) Creating incentives for enrollment.--In order to
encourage applications for the program described in paragraph
(1), the Secretary of Homeland Security shall develop a plan
to charge participants a fee that is as low as practicable
for each card issued. The fee for the first renewal
application for participation in such program shall be
waived. The Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that explains the reasons for the fee
that is established.
(B) Publicity campaign.--The Secretary shall carry out a
program to educate the public regarding the benefits of the
program described in paragraph (1).
(5) Travel document for travel into united states.--For
purposes of the plan required under section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note), an identification
card issued to a participant in the program described in
paragraph (1) shall be considered a document sufficient on
its own when produced to denote identity and citizenship for
travel into the United States by United States citizens and
by categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)).
______

SA 366. 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:

At the appropriate place, insert the following:

SEC. __. MEDICAL ISOTOPE PRODUCTION.

Section 134 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2160d(b)) is amended--

[[Page S2739]]

(1) in paragraph (1), by striking subparagraph (D);
(2) by striking paragraph (2);
(3) in paragraph (3), by striking ``paragraph (2)'' and
inserting ``this section'';
(4) in paragraph (4)--
(A) in subparagraph (A)(iv), by striking ``cost
differential in medical isotope production in the reactors
and target processing facilities if the products'' and
inserting ``cost differential of radiopharmaceuticals to
patients if the radiopharmaceuticals''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Feasibility.--For the purpose of this subsection, the
use of low enriched uranium to produce medical isotopes shall
be determined to be feasible if it could be accomplished
without a large percentage increase in the cost of
radiopharmaceuticals to patients.'';
(5) in paragraph (5), by striking ``(4)(B)(iii)'' and
inserting ``(4)(B)'';
(6) in paragraph (6), by striking ``(4)(B)(iii)'' and
inserting ``(4)(B)''; and
(7) in paragraph (7), by striking ``subsection'' and
inserting ``section for highly enriched uranium for medical
isotope production''.
______

SA 367. 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 303, strike line 12 and all that follows through
page 305, line 18, and insert the following:
of Transportation, shall develop a program to facilitate the
tracking of motor carrier shipments of high hazard materials,
as defined in this title, and to equip vehicles used in such
shipments with technology that provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking capabilities;
(C) a feature that allows a driver of such vehicles to
broadcast an emergency message; and
(D) a feature that can be concealed and installed by a
motor carrier on a commercial motor vehicle and can be
activated by a law enforcement authority to disable the
vehicle and alert emergency response resources to locate and
recover high hazard materials in the event of loss or theft
of such materials.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for motor carrier or high hazardous materials tracking at the
Department of Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety and
Security Operation Field Test released by the Federal Motor
Carrier Safety Administration on November 11, 2004; and
(C) evaluate--
(i) any new information related to the cost and benefits of
deploying and utilizing tracking technology for motor
carriers transporting high hazard materials not included in
the Hazardous Material Safety and Security Operation Field
Test Report released by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of tracking technology to resist tampering
and disabling;
(iii) the capability of tracking technology to collect,
display, and store information regarding the movement of
shipments of high hazard materials by commercial motor
vehicles; and
(iv) the appropriate range of contact intervals between the
tracking technology and a commercial motor vehicle
transporting high hazard materials.
(b) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, through the
Transportation Security Administration, shall promulgate
regulations to carry out the provisions of subsection (a).
(c) Funding.--There are authorized to be appropriated to
the Secretary to carry out this section, $7,000,000 for each
of fiscal years 2008, 2009, and 2010, of which--
(1) $3,000,000 per year may be used for equipment; and
(2) $1,000,000 per year may be used for operations.
______

SA 368. Mr. CARPER 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 end of title XI, add the following:

SEC. 1104. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
DECLASSIFICATION BOARD.

Section 21067 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289; 120 Stat. 1311), as
amended by Public Law 109-369 (120 Stat. 2642), Public Law
109-383 (120 Stat. 2678), and Public Law 110-5, is amended by
adding at the end the following new subsection:
``(c) From the amount provided by this section, the
National Archives and Records Administration may obligate
monies necessary to carry out the activities of the Public
Interest Declassification Board.''.
______

SA 369. Mr. CARPER 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:

TITLE __--PROTECTION OF FIREFIGHTERS

SEC. _01. SHORT TITLE.

This title may be cited as the ``Volunteer Firefighter and
EMS Personnel Job Protection Act''.

SEC. _02. DEFINITIONS.

In this title:
(1) Emergency.--The term ``emergency'' has the meaning
given such term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(2) Major disaster.--The term ``major disaster'' has the
meanings given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(3) Qualified volunteer fire department.--The term
``qualified volunteer fire department'' has the meaning given
such term in section 150(e) of the Internal Revenue Code of
1986.
(4) Volunteer emergency medical services.--The term
``volunteer emergency medical services'' means emergency
medical services performed on a voluntary basis for a fire
department or other emergency organization.
(5) Volunteer firefighter.--The term ``volunteer
firefighter'' means an individual who is a member in good
standing of a qualified volunteer fire department.

SEC. _03. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS
AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.

(a) Termination Prohibited.--No employee may be terminated,
demoted, or in any other manner discriminated against in the
terms and conditions of employment because such employee is
absent from or late to the employee's employment for the
purpose of serving as a volunteer firefighter or providing
volunteer emergency medical services as part of a response to
an emergency or major disaster.
(b) Deployment.--The prohibition in subsection (a) shall
apply to an employee serving as a volunteer firefighter or
providing volunteer emergency medical services if such
employee--
(1) is specifically deployed to respond to the emergency or
major disaster in accordance with a coordinated national
deployment system such as the Emergency Management Assistance
Compact or a pre-existing mutual aid agreement; or
(2) is a volunteer firefighter who--
(A) is a member of a qualified volunteer fire department
that is located in the State in which the emergency or major
disaster occurred;
(B) is not a member of a qualified fire department that has
a mutual aid agreement with a community affected by such
emergency or major disaster; and
(C) has been deployed by the emergency management agency of
such State to respond to such emergency or major disaster.
(c) Limitations.--The prohibition in subsection (a) shall
not apply to an employee who--
(1) is absent from the employee's employment for the
purpose described in subsection (a) for more than 14 days per
calendar year;
(2) responds on the emergency or major disaster without
being officially deployed as described in subsection (b); or
(3) fails to provide the written verification described in
subsection (e) within a reasonable period of time.
(d) Withholding of Pay.--An employer may reduce an
employee's regular pay for any time that the employee is
absent from the employee's employment for the purpose
described in subsection (a).
(e) Verification.--An employer may require an employee to
provide a written verification from the official of the
Federal Emergency Management Agency supervising the Federal
response to the emergency or major disaster or a local or
State official managing the local or State response to the
emergency or major disaster that states--
(1) the employee responded to the emergency or major
disaster in an official capacity; and
(2) the schedule and dates of the employee's participation
in such response.
(f) Reasonable Notice Required.--An employee who may be
absent from or late to the

[[Page S2740]]

employee's employment for the purpose described in subsection
(a) shall--
(1) make a reasonable effort to notify the employee's
employer of such absence; and
(2) continue to provide reasonable notifications over the
course of such absence.

SEC. _04. RIGHT OF ACTION.

(a) Right of Action.--An individual who has been
terminated, demoted, or in any other manner discriminated
against in the terms and conditions of employment in
violation of the prohibition described in section _03 may
bring, in a district court of the United States of
appropriate jurisdiction, a civil action against individual's
employer seeking--
(1) reinstatement of the individual's former employment;
(2) payment of back wages;
(3) reinstatement of fringe benefits; and
(4) if the employment granted seniority rights,
reinstatement of seniority rights.
(b) Limitation.--The individual shall commence a civil
action under this section not later than 1 year after the
date of the violation of the prohibition described in section
_03.

SEC. _05. STUDY AND REPORT.

(a) Study.--The Secretary of Labor shall conduct a study on
the impact that this title could have on the employers of
volunteer firefighters or individuals who provide volunteer
emergency medical services and who may be called on to
respond to an emergency or major disaster.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to
the appropriate congressional committees a report on the
study conducted under subsection (a).
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
Committee on Health, Education, Labor, and Pensions and the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Education and the Workforce and
the Committee on Small Business of the House of
Representatives.
SA. 370. Mr. BOND 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. __. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11
COMMISSION RECOMMENDATIONS WITH RESPECT TO
INTELLIGENCE REFORM AND CONGRESSIONAL
INTELLIGENCE OVERSIGHT REFORM.

(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States (referred to in this section as the ``9/11
Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September
11, 2001, including those relating to the intelligence
community, law enforcement agencies, and the role of
congressional oversight and resource allocation.
(2) In its final report, the 9/11 Commission found that--
(A) congressional oversight of the intelligence activities
of the United States is dysfunctional;
(B) under the rules of the Senate and the House of
Representatives in effect at the time the report was
completed, the committees of Congress charged with oversight
of the intelligence activities lacked the power, influence,
and sustained capability to meet the daunting challenges
faced by the intelligence community of the United States;
(C) as long as such oversight is governed by such rules of
the Senate and the House of Representatives, the people of
the United States will not get the security they want and
need;
(D) a strong, stable, and capable congressional committee
structure is needed to give the intelligence community of the
United States appropriate oversight, support, and leadership;
and
(E) the reforms recommended by the 9/11 Commission in its
final report will not succeed if congressional oversight of
the intelligence community in the United States is not
changed.
(3) The 9/11 Commission recommended structural changes to
Congress, including recommending that the committees of
Congress that are charged with oversight of the intelligence
community be provided with the authority to authorize and
appropriate funds for intelligence activities.
(4) Congress has enacted some of the recommendations made
by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission.
(5) The House of Representatives, under the leadership of
the Speaker of the House, has implemented structural changes
within that body with respect to oversight of intelligence.
(6) The Senate has not passed a resolution that expressly
grants and carefully limits the authority of the Select
Committee on Intelligence of the Senate to both authorize and
appropriate funds for activities carried out by the
intelligence community, as recommended by the 9/11
Commission.
(b) Sense of the Senate.--It is the sense of the Senate
that the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate each should--
(1) undertake a review of the recommendations made in the
final report of the 9/11 Commission with respect to
intelligence reform and congressional intelligence oversight
reform; and
(2) not later than December 21, 2007, submit to the Senate
a report that includes the recommendations of the Committee,
if any, for carrying out such reforms.
______

SA. 371. Mr. KOHL 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 be on the table; as follows:

On page 91, between lines 15 and 16, insert the following:
``(f) Emergency Planning for the Elderly.--
``(1) Definition.--In this subsection, the term `emergency'
has meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
``(2) Planning.--
``(A) In general.--The Secretary shall ensure that any
emergency planning program or activity that receives funds
under a grant administered by the Department specifically
takes into account the evacuation, transportation, health
care needs, and other needs of the elderly in the event of an
emergency or major disaster.
``(B) Considerations.--In carrying out subparagraph (A),
the Secretary shall consider--
``(i) the input of geriatricians and other gerontology
experts; and
``(ii) congressional hearing records on emergency planning
for the elderly.
``(3) Training.--The Secretary shall ensure that any
program or activity to train emergency response providers
(including law enforcement officers) regarding responding to
an emergency or major disaster that receives funds under a
grant administered by the Department includes specific
training components on the needs of the elderly.
``(4) Exercises.--The Secretary shall ensure that each
exercise designed to prepare for responding to an emergency
or major disaster conducted with funds received under a grant
administered by the Department includes, as a component of
the exercise, responding to the needs of the elderly.
``(5) Education.--The Secretary shall--
``(A) develop consumer education materials specifically
designed to assist the elderly in preparing themselves for
any sort of emergency; and
``(B) develop and distribute templates to local governments
(including emergency management agencies and community-based
service providers) that can be tailored to each community.
______

SA. 372. Mr. FEINGOLD (for himself, Mr. Craig, Ms. Murkowski, Mr.
Specter, Mr. Salazar, Mr. Durbin, Mr. Sununu, Mr. Leahy, and Mr. Hagel)
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 end of the bill, add the following:

TITLE ___--WARRANTS, ORDERS, AND NATIONAL SECURITY LETTERS

SEC. __01. LIMITATION ON REASONABLE PERIOD FOR DELAY.

Section 3103a(b)(3) of title 18, United States Code, is
amended by striking ``30 days'' and inserting ``7 days''.

SEC. __02. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL
SECURITY LETTERS.

(a) FISA.--Section 501(f)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``a production order'' the first place that
term appears and inserting ``a production order or
nondisclosure order''; and
(ii) by striking ``Not less than 1 year'' and all that
follows through the end of the clause; and
(B) in clause (ii), by striking ``production order or
nondisclosure''; and
(2) in subparagraph (C), by striking clause (ii) and
redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--Section
3511(b) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``If, at the time of the
petition,'' and all that follows through the end of the
paragraph; and

[[Page S2741]]

(2) in paragraph (3), by striking ``If the recertification
that disclosure may'' and all that follows through ``made in
bad faith.''.

SEC. __03. FACTUAL BASIS FOR REQUESTED ORDER.

Section 501(b)(2)(A) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)(A)) is amended
to read as follows:
``(A) a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant to an authorized investigation (other
than a threat assessment) conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information
not concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities; and
``(ii) either--

``(I) pertain to a foreign power or an agent of a foreign
power;
``(II) are relevant to the activities of a suspected agent
of a foreign power who is the subject of such authorized
investigation; or
``(III) pertain to an individual in contact with, or known
to, a suspected agent of a foreign power; and''.

SEC. __04. NATIONAL SECURITY LETTER SUNSET.

Section 102 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
194) is amended by adding at the end the following:
``(c) Other Sunsets.--
``(1) In general.--Effective December 31, 2009, the
following provisions are amended so that they read as they
read on February 27, 2006:
``(A) Section 2709 of title 18, United States Code.
``(B) Sections 626 and 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681u and 1681v).
``(C) Section 1114 of the Right to Financial Privacy Act
(12 U.S.C. 3414).
``(D) Section 802 of the National Security Act of 1947 (50
U.S.C. 436).
``(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions
shall continue in effect.''.

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