S.Amdt. 401

TEXT OF AMENDMENTS

SA 396. Mr. FEINGOLD 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 20, strike line 13 and all that follows through
page 21, line 8, and, insert the following:
``(A) establishing policies that limit the use of any
marking or process (including `Originator Control') intended
to, or having the effect of, restricting the sharing of
information within the scope of the information sharing
environment between and among participants in the information
sharing environment, so as to encourage the sharing of
information and developing procedures to expedite disputes
concerning originator controls;
``(B) implementing a standard for the collection, sharing
of, and access to information within the scope of the
information sharing environment that would

[[Page S2929]]

On page 21, line 18, strike ``(D)'' and insert ``(C)''.
______

SA 397. Mr. FEINGOLD 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 23, between lines 5 and 6, insert the following:
``(l) Privacy Guidelines.--
``(1) Sense of congress.--It is the sense of Congress
that--
``(A) the information sharing environment, including
expansions under the Improving America's Security Act of
2007, raises significant privacy and civil liberties issues
that should be addressed in detailed, written, binding
guidelines;
``(B) the guidelines entitled `Guidelines to Ensure that
the Information Privacy and Other Legal Rights of Americans
are Protected in Development and Use of the Information
Sharing Environment' as distributed by the program manager of
the information sharing environment on December 4, 2006,
direct agencies to consider guidelines on many important
privacy issues, but do not themselves provide sufficiently
detailed guidelines to adequately protect privacy and civil
liberties in the development and use of the information
sharing environment; and
``(C) the implementation of detailed, written, binding
guidelines to protect privacy and civil liberties is critical
to the success of the information sharing environment.
``(2) Guidelines.--Not fewer than 270 days after the date
of the enactment of the Improving America's Security Act of
2007, the President shall issue guidelines that shall
supplement or supersede, as appropriate, the guidelines
referred to in paragraph (1)(B) in order to--
``(A) define the privacy and civil liberties interests that
such guidelines seek to protect;
``(B) govern the obtaining or accessing by the Federal
Government of information within the information sharing
environment from commercial data sources and other public
sources as part of the information sharing environment;
``(C) permit information to be shared with an agency, and
categories of particular personnel within such agency, only
if the purpose for the sharing is within the assigned mission
and responsibility of such agency and personnel;
``(D) require each agency to identify (within 90 days of
the issuance of the supplemental or superseding guidelines
under this paragraph) its data holdings that contain
information relating to United States persons to be shared
through the information sharing environment;
``(E) provide guidance and standards for agencies to ensure
the accuracy, reliability, completeness, timeliness, and
retention of their data holdings;
``(F) impose specific physical, technical, and
administrative security measures to safeguard information
shared through the information sharing environment from
unauthorized access, disclosure, modification, use or
destruction; and
``(G) incorporate mechanisms for accountability and
enforcement, including continuous, real-time, immutable audit
capabilities that record, to the maximum extent practicable,
with whom information is shared.
``(3) Public comment.--The President shall provide an
opportunity for public comment in supplementing or
superseding under this subsection the guidelines referred to
in paragraph (1)(B).
``(4) Report on certain information.--
``(A) Requirement.--Not later than one year after the date
of the enactment of the Improving America's Security Act of
2007, the Director of National Intelligence shall submit to
the congressional intelligence committees a report describing
the information identified pursuant to (2)(D).
``(B) Congressional intelligence committees defined.--In
this subsection, the term `congressional intelligence
committees' has the meaning given that term in section 3(7)
of the National Security Act of 1947 (50 U.S.C. 401a(7)).
On page 23, line 6, strike ``(l)'' and insert ``(m)''.
______

SA 398. Mr. BINGAMAN (for himself, Mr. Domenici, and 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:

At the appropriate place, insert the following:

TITLE __--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. __01. SHORT TITLE.

This title may be cited as the ``Border Law Enforcement
Relief Act of 2007''.

SEC. __02. FINDINGS.

Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs
into the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to
illegally enter the United States, according to the
Congressional Research Service, the net growth in the number
of unauthorized aliens has increased by approximately 500,000
each year. The Southwest border accounts for approximately 94
percent of all migrant apprehensions each year. Currently,
there are an estimated 11,000,000 unauthorized aliens in the
United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border
are provided no assistance in covering such expenses and must
use their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small,
rural departments charged with patrolling large areas of
land. Counties along the Southwest United States-Mexico
border are some of the poorest in the country and lack the
financial resources to cover the additional costs associated
with illegal immigration, drug trafficking, and other border-
related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security
in the region

SEC. __03. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2008 through 2012.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency''

[[Page S2930]]

means a tribal, State, or local law enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2008 through 2012 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this title.

SEC. __04. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this title shall be construed to authorize State
or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
______

SA 399. Mr. COLEMAN (for himself and Mr. Levin) 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:

Strike section 405 and insert the following:

SEC. 405. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Before a final rule is published in the Federal Register
for the implementation of the Western Hemisphere Travel
Initiative authorized under section 7209 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 8 U.S.C. 1185 note)--
(1) the Secretary of Homeland Security shall conduct a
complete cost-benefit analysis of the Western Hemisphere
Travel Initiative; and
(2) the Secretary of State shall conduct a study of the
mechanisms by which the execution fee for a PASS Card issued
under such Initiative could be reduced, considering the
potential number of applications for such Cards.
______

SA 400. Mr. BYRD 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 173, strike lines 5 through 18 and insert the
following:
et;
``(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not later
than--
``(A) 30 days after the Secretary disapproves the senior
official's request for a subpoena under subsection (b)(1)(C)
or the Secretary substantively modifies the requested
subpoena; or
``(B) 45 days after the senior official's request for a
subpoena under subsection (b)(1)(C), if that subpoena has not
either been approved or disapproved by the Secretary; and
``(3) submit every 90 days to the committees of Congress
referred to in paragraph (2) a report on the issuance of
subpoenas by such senior official under subsection (b)(1)(C)
during the preceding 90 days.''.
______

SA 401. Mr. BYRD 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 152, between lines 22 and 23, insert the following:
``(5) Independence of testimony.--No officer, employee, or
agency within the executive branch shall have the authority
to require the Board, or any member of the Board--
``(A) to receive permission to testify before Congress; or
``(B) to submit testimony, recommendations on legislation,
or other comments to any officer, employee, or agency of the
executive branch for approval, comments, or review before the
submittal of such testimony, recommendations, or comments to
Congress if such testimony, recommendations, or comments
include a statement indicating that the views expressed
therein are those of the Board and do not necessarily
represent the views of the Administration.
______

SA 402. Mr. BYRD 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:

Beginning on page 81, line 20, strike ``Office for the
Prevention of Terrorism, which shall be headed'' and all that
follows through `` ``(B)'' on page 82, line 1, and insert the
following: ``Office for the Prevention of Terrorism.
``(2) Director.--
``(A) Appointment.--The head of the Office for the
Prevention of Terrorism shall be the Director of the Office
for the Prevention of Terrorism, who shall be appointed by
the President, by and with the consent of the Senate.
``(B) Reporting.--The Director of the Office for the
Prevention of Terrorism shall report directly to the
Secretary.
``(C)
______

SA 403. Mr. BYRD 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 48, strike line 20 and all that follows through
``(F)'' on line 23 and insert the following:
(E) the Department of State;
(F) law enforcement and intelligence officials from State,
local, and tribal governments, as appropriate; and
(G)
______

SA 404. Mr. BYRD 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 133, line 20, strike ``(C)'' and insert the
following:
(C) in subsection (d), by adding at the end the following:
``The Secretary of Homeland Security may not waive any
eligibility requirement under this section unless the
Secretary notifies the appropriate congressional committees
not later than 30 days before the effective date of such
waiver.'';
(D)
______

SA 405. Mr. BYRD 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 159, between lines 13 and 14, insert the following:
``(6) Removal of members.--
``(A) In general.--The President may remove a member of the
Board only for neglect of duty or malfeasance in office.
``(B) Notice on removal.--The President shall submit notice
on the removal of a member of the Board, including the
reasons for the removal, to--
``(i) the Committees on Homeland Security and Governmental
Affairs and the Judiciary

[[Page S2931]]

and the Select Committee on Intelligence of the Senate; and
``(ii) the Committees on Government Reform and the
Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives.
______

SA 406. Mr. DODD 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 XV, add the following:

SEC. 1505. COMPTROLLER GENERAL REPORT ON PERSONAL SERVICES
CONTRACTS UNDER THE DEPARTMENT OF HOMELAND
SECURITY.

(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on the
utilization of personal services contracts by the Department
of Homeland Security.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the extent to which the utilization by
the Department of Homeland Security of personal services
contracts has--
(A) reduced or impaired the ability of the Department to
retain core functional capabilities that allow it to properly
perform its mission;
(B) inhibited adequate oversight by the Department of
functions performed by its contractors;
(C) undermined the integrity of decision-making processes
within the Department;
(D) hindered the ability of the Department to meet the
critical recommendations of the National Commission on
Terrorist Attacks Upon the United States that the Department
``regularly assess the types of threats the country faces,''
and ``assess the readiness of the government to respond to
threats that the United States may face''; and
(E) resulted in the outsourcing to private contractors or
contracting firms of the ownership and retention of
institutional knowledge, expertise, and intellectual property
that are essential components of the ability of the
Department to implement its basic mission and achieve its
policy objectives.
(2) An assessment whether or not the Department is
maintaining appropriate controls to prevent conflicts of
interest or ethics violations involving personnel under its
personal service contracts.
(3) A discussion of the implications of applying to
personnel under personal service contracts of the Department
the ethics and conflict of interest rules requirements that
commonly apply to Federal employees.
(4) A discussion of such other matters (including matters
relating to cost, transparency, accountability, and national
security) in the utilization by the Department of personal
services contracts as the Comptroller General considers
appropriate.
______

SA 407. Mr. LIEBERMAN 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:

Beginning on page 135, strike line 16 and all that follows
through page 136, line 15, and insert the following:
(2) Improving the accuracy of watch lists.--In developing
the electronic travel authorization system authorized by
section 217(h)(3) of the Immigration and Nationality Act, as
added by paragraph (1)(D), the Secretary, in consultation
with the Secretary of State, shall study the feasibility of
using such system to improve the accuracy and reliability of
government watch lists and correct erroneous information
included in such a list, by--
(A) sharing information with relevant agencies regarding
misidentifications caused by inaccurate or incomplete watch
list entries;
(B) establishing a redress system for individuals who
believe they have been identified erroneously;
(C) instituting performance metrics to track progress; and
(D) implementing other appropriate measures.
(3) Report.--
(A) Requirement.--Not later than 180 days prior to the date
that the Secretary implements the electronic travel
authorization system authorized by such section 217(h)(3),
the Secretary shall submit to the appropriate congressional
committees a report on such system.
(B) Content.--The report required by this paragraph shall
include--
(i) a privacy impact assessment, as described in section
208(b) of the E-Government Act of 2002 (Public Law 107-347;
44 U.S.C. 3501 note);
(ii) a description of the automated processes, queries, and
analyses the Secretary will develop to determine, in advance
of travel, the eligibility of an alien to travel to the
United States under the Visa Waiver Program established under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187), including--

(I) whether the Secretary will utilize algorithms or other
analytic tools to profile or otherwise assess risks posed by
aliens whose names are not on any watch list maintained by
the Federal Government;
(II) a description of any such algorithm or analytic tool
that will be used;
(III) an assessment of the efficacy, or likely efficacy, of
any such algorithm or analytic tool in providing accurate
information; and
(IV) a description of with whom the results of any such
algorithm or analytic tool will be shared; and

(iii) a description of--

(I) the results of the study required by paragraph (2); and
(II) any elements of such electronic travel authorization
system intended to improve the accuracy and reliability of
government watch lists and the process by which any erroneous
information included in such a list will be corrected.

(C) Form of report.--The report required by this paragraph
shall be submitted in unclassified form and may include a
classified annex.
(D) Appropriate congressional committees defined.--In this
paragraph, the term ``appropriate congressional committees''
means--
(i) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, the Select Committee
on Intelligence, and the Committee on Appropriations of the
Senate; and
(ii) the Committee on Homeland Security, the Committee on
the Judiciary, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
______

SA 408. Mrs. BOXER 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 330, strike lines 11 through 19, and insert the
following:
``(i) will make such containers available for use by
passenger aircraft operated by air carriers or foreign air
carriers in air transportation or intrastate air
transportation following the recommendation in the report of
the National Commission on Terrorist Attacks Upon the United
States that every passenger aircraft carrying cargo shall
deploy at least 1 hardened container; and''.
______

SA 409. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 46, between lines 15 and 16, insert the following:

SEC. 123. RISK ASSESSMENT CENTER.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
this Act, is amended by adding at the end the following:

``SEC. 208. RISK ASSESSMENT CENTER.

``(a) In General.--There is established the Risk Assessment
Center within the Office of the Secretary, which shall be
headed by the Risk Assessment Manager.
``(b) Mission.--The Risk Assessment Center shall be the
lead component of the Department regarding the assessment of
homeland security risk.
``(c) Responsibilities.--The Risk Assessment Manager
shall--
``(1) develop, and assist the Department in implementing, a
methodology to analyze the effectiveness of the use of
homeland security grant funds in reducing risk;
``(2) coordinate the work of other components of the
Department having risk assessment responsibilities;
``(3) establish the national-level strategy for performing
homeland security risk assessments;
``(4) proactively determine and assess the dynamic drivers
of homeland security risk; and
``(5) lead efforts to collect and analyze the types of data
necessary to assess homeland security risk from Federal
agencies, State and local governmental authorities, and the
private sector, as appropriate.
``(d) Personnel.--The Risk Assessment Center shall be
staffed with professional analysts who are risk management
professionals with--
``(1) graduate degrees in mathematics, economics, or
statistics;

[[Page S2932]]

``(2) skills in using mathematics, economics, or statistics
to study uncertain future events, as those events relate to
homeland security; and
``(3) experience working in the Department or another
department or agency of the Federal Government in translating
risk assessment methods into specific policy directives or
resource allocation strategies and decisions.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 207, as added by this Act, the following:

``Sec. 208. Risk Assessment Center.''.
______

SA 410. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 114, line 12, after ``the extent to which'' insert
``man-made or''.
______

SA 411. 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 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.

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.

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.

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.

[[Page S2933]]

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. SENSE OF CONGRESS ON ADVANCE DEMOCRACY AWARD.

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.

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 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.--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.
(b) Sense of Congress on International Center for
Democratic Transition.--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.

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.

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.
______

SA 412. 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 Commisssion 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 3, after the item relating to section 803, insert
the following:
Sec. 804. Model ports-of-entry.
Sec. 805. International registered traveler program.
On page 219, between lines 7 and 8, insert the following:

SEC. 804. 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. 805. 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 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

[[Page S2934]]

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.''.
______

SA 413. Mr. INHOFE 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:

Strike section 1103.

______

SA 414. Mr. COLEMAN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

On page 202, strike lines 1 through 8, and insert the
following:

SEC. 704. PROMOTION OF STANDARDS FOR PRIVATE SECTOR
PREPAREDNESS.

(a) Sense of the Senate.--It is the sense of Congress that
the Secretary or any entity designated under section
522(c)(1)(A) of the Homeland Security Act of 2002, as added
by this Act, should promote, where appropriate, efforts to
develop a consistent international standard for private
sector preparedness.
(b) Demonstration Project.--Not later than 120 days after
the date of enactment of this Act, the Secretary shall--
(1) establish a demonstration project to conduct
demonstrations of security management systems that--
(A) shall use a management system standards approach; and
(B) may be integrated into quality, safety, environmental
and other internationally adopted management systems; and
(2) enter into 1 or more agreements with a private sector
entity to conduct such demonstrations of security management
systems.
______

SA 415. Mr. DODD 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 233, strike lines 8 through 15.
On page 233, line 16, strike ``(c)'' and insert ``(b)''.
On page 233, line 19, strike ``(d)'' and insert ``(c)''.
On page 234, strike lines 17 through 21 and insert the
following:
(2) Classified information.--
(A) In general.--The Secretary shall submit with each
report under this subsection a classified annex containing
information required to be submitted under this subsection
that cannot be made public.
(B) Retention of classification.--The classification of
information required to be provided to Congress, the
Department, or any other department or agency under this
section by a sector-specific agency, including the assignment
of a level of classification of such information, shall be
binding on Congress, the Department, and that other Federal
agency.
On page 235, line 21, strike ``private sector'' and all
that follows through page 236, line 4 and insert ``private
sector.''.
On page 236, line 8, insert ``a report'' after ``submit''.
On page 236, beginning on line 11, strike ``a report'' and
insert the following: ``, and to each Committee of the Senate
and the House of Representatives having jurisdiction over the
critical infrastructure or key resource addressed by the
report,''.
On page 236, strike lines 18 and 19 and insert the
following:
``(2) Classified information.--
``(A) In general.--The report under this subsection may
contain a classified annex.
``(B) Retention of classification.--The classification of
information required to be provided to Congress, the
Department, or any other department or agency under this
section by a sector-specific agency, including the assignment
of a level of classification of such information, shall be
binding on Congress, the Department, and that other Federal
agency.''.
On page 236, after line 23, insert the following:

SEC. 1004. PRIORITIES AND ALLOCATIONS.

Not later than 6 months after the last day of fiscal year
2007, and for each year thereafter, the Secretary, in
cooperation with the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Defense, and the Secretary
of Energy shall submit to the Committee on Banking, Housing,
and Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Financial Services and the Committee on Homeland Security of
the House of Representatives a report that details the
actions taken by the Federal Government to ensure, in
accordance with subsections (a) and (c) of section 101 of the
Defense Production Act of 1950 (50 U.S.C. App. 2071), the
preparedness of industry--
(1) to reduce interruption of critical infrastructure
operations during a terrorist attack, natural catastrophe, or
other similar national emergency; and
(2) to minimize the impact of such catastrophes, as so
described in section 1001(a)(1).
______

SA 416. Mr. BIDEN (for himself and Mr. Lugar) 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:

Beginning on page 249, strike line 21 and all that follows
through page 252, line 23, and insert the following:
``cooperative activity for the Department.
``(C) Activities.--The Director shall facilitate the
planning, development, and implementation of international
cooperative activity to address the strategic priorities
developed under subparagraph (B) through mechanisms the Under
Secretary considers appropriate, including grants,
cooperative agreements, or contracts to or with domestic
governmental organizations, businesses, federally funded
research and development centers, and universities or, with
the concurrence of the Secretary of State, foreign public or
private entities.
``(D) Identification of partners.--The Director shall
facilitate the matching of United States entities engaged in
homeland security research with non-United States entities
engaged in homeland security research so that they may
partner in homeland security research activities.
``(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with the
Office of International Affairs and the Department of State,
the Department of Defense, the Department of Energy, and
other relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other Federal
agencies.
``(c) Matching Funding.--
``(1) In general.--
``(A) Equitability.--The Director shall ensure that funding
and resources expended in international cooperative activity
will be equitably matched by the foreign partner government
or other entity through direct funding, funding of
complementary activities, or through the provision of staff,
facilities, material, or equipment.
``(B) Grant matching and repayment.--
``(i) In general.--The Secretary may require a recipient of
a grant under this section--

``(I) to make a matching contribution of not more than 50
percent of the total cost of the proposed project for which
the grant is awarded; and
``(II) to repay to the Secretary the amount of the grant
(or a portion thereof), interest on such amount at an
appropriate rate, and such charges for administration of the
grant as the Secretary determines appropriate.

``(ii) Maximum amount.--The Secretary may not require that
repayment under clause (i)(II) be more than 150 percent of
the amount of the grant, adjusted for inflation on the basis
of the Consumer Price Index.
``(2) Foreign partners.--Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other
allies in the global war on terrorism, as determined by the
Secretary of State.
``(d) Funding.--Funding for all activities under this
section shall be paid from discretionary funds appropriated
to the Department.
``(e) Foreign Reimbursements.--If the Science and
Technology Homeland Security International Cooperative
Programs Office participates in an international cooperative
activity with a foreign partner on a cost-sharing basis, any
reimbursements or contributions received from that foreign
partner to meet the share of that foreign partner of the
project may be credited to appropriate appropriations
accounts of the Directorate of Science and Technology.
``(f) Construction; Authorities of the Secretary of
State.--Nothing in this section shall be construed to alter
or affect the following provisions of law:
``(1) Title V of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
``(2) Section 112b(c) of title 1, United States Code.
``(3) Section 1(e)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).

[[Page S2935]]

``(4) Sections 2 and 27 of the Arms Export Control Act (22
U.S.C. 2752 and 22 U.S.C. 2767).
``(5) Section 622(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2382(c)).''.
______

SA 417. Mr. BIDEN (for himself, and Mr. Lugar) 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--UNITED STATES FOREIGN POLICY

Subtitle A--Public Diplomacy

SEC. 1601. MIDDLE EAST FOUNDATION.

(a) Purposes.--The purposes of this section are to support,
through the provision of grants, technical assistance,
training, and other programs, in the countries of the Middle
East, the expansion of--
(1) civil society;
(2) opportunities for political participation for all
citizens;
(3) protections for internationally recognized human
rights, including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for
citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is authorized to
designate an appropriate private, nonprofit organization that
is organized or incorporated under the laws of the United
States, or of a State, as the Middle East Foundation
(referred to in this section as the ``Foundation'').
(2) Funding.--The Secretary of State is authorized to
provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State. The
Foundation shall use amounts provided under this paragraph to
carry out the purposes specified in subsection (a), including
through making grants and providing other assistance to
entities to carry out programs for such purposes.
(3) Notification to congressional committees.--The
Secretary of State shall notify the appropriate congressional
committees before designating an appropriate organization as
the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of State
shall enter into an agreement with the Foundation that
requires the Foundation to use the funds provided under
subsection (b)(2) to make grants to persons or entities
(other than governments or government entities) located in
the Middle East or working with local partners based in the
Middle East to carry out projects that support the purposes
specified in subsection (a).
(2) Center for public policy.--Under the agreement
described in paragraph (1), the Foundation may make a grant
to an institution of higher education located in the Middle
East to create a center for public policy for the purpose of
permitting scholars and professionals from the countries of
the Middle East and from other countries, including the
United States, to carry out research, training programs, and
other activities to inform public policymaking in the Middle
East and to promote broad economic, social, and political
reform for the people of the Middle East.
(3) Applications for grants.--An entity seeking a grant
from the Foundation under this section shall submit an
application to the head of the Foundation at such time, in
such manner, and containing such information as the head of
the Foundation may reasonably require.
(d) Private Character of the Foundation.--Nothing in this
section shall be construed--
(1) to make the Foundation an agency or establishment of
the United States Government, or to make the officers or
employees of the Foundation officers or employees of the
United States for purposes of title 5, United States Code; or
(2) to impose any restriction on the Foundation's
acceptance of funds from private and public sources in
support of its activities consistent with the purposes
specified in subsection (a).
(e) Limitation on Payments to Foundation Personnel.--No
part of the funds provided to the Foundation under this
section shall inure to the benefit of any officer or employee
of the Foundation, except as salary or reasonable
compensation for services.
(f) Retention of Interest.--The Foundation may hold funds
provided under this section in interest-bearing accounts
prior to the disbursement of such funds to carry out the
purposes specified in subsection (a), and, only to the extent
and in the amounts provided for in advance in appropriations
Acts, may retain for use for such purposes any interest
earned without returning such interest to the Treasury of the
United States.
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--The
accounts of the Foundation shall be audited annually in
accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants certified or licensed by a
regulatory authority of a State or other political
subdivision of the United States. The report of the
independent audit shall be included in the annual report
required by subsection (h).
(2) GAO audits.--The financial transactions undertaken
pursuant to this section by the Foundation may be audited by
the Government Accountability Office in accordance with such
principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General
of the United States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant from the Foundation
shall agree to permit an audit of the books and records of
such recipient related to the use of the grant funds.
(B) Recordkeeping.--Such recipient shall maintain
appropriate books and records to facilitate an audit referred
to in subparagraph (A), including--
(i) separate accounts with respect to the grant funds;
(ii) records that fully disclose the use of the grant
funds;
(iii) records describing the total cost of any project
carried out using grant funds; and
(iv) the amount and nature of any funds received from other
sources that were combined with the grant funds to carry out
a project.
(h) Annual Reports.--Not later than January 31, 2008, and
annually thereafter, the Foundation shall submit to the
appropriate congressional committees and make available to
the public a report that includes, for the fiscal year prior
to the fiscal year in which the report is submitted, a
comprehensive and detailed description of--
(1) the operations and activities of the Foundation that
were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with
funds provided under this section;
(3) other activities of the Foundation to further the
purposes specified in subsection (a); and
(4) the financial condition of the Foundation.
(i) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(j) Repeal.--Section 534(k) of Public Law 109-102 is
repealed.

Subtitle B--Reconstruction and Stabilization

SEC. 1611. SHORT TITLE.

This subtitle may be cited as the ``Reconstruction and
Stabilization Civilian Management Act of 2007''.

SEC. 1612. FINDING; PURPOSE.

(a) Finding.--Congress finds that the resources of the
United States Armed Forces have been burdened by having to
undertake stabilization and reconstruction tasks in the
Balkans, Afghanistan, Iraq, and other countries of the world
that could have been performed by civilians, which has
resulted in lengthy deployments for Armed Forces personnel.
(b) Purpose.--The purpose of this subtitle is to provide
for the continued development, as a core mission of the
Department of State and the United States Agency for
International Development, of an effective expert civilian
response capability to carry out reconstruction and
stabilization activities in a country or region that is at
risk of, is in, or is in transition from conflict or civil
strife.

SEC. 1613. DEFINITIONS.

In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Department.--Except as otherwise provided in this
subtitle, the term ``Department'' means the Department of
State.
(3) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(4) Secretary.--Except as otherwise provided in this
subtitle, the term ``Secretary'' means the Secretary of
State.

SEC. 1614. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the civilian element of United States joint civilian-
military operations should be strengthened in order to
enhance the execution of current and future reconstruction
and stabilization activities in foreign countries or regions
that are at risk of, are in, or are in transition from
conflict or civil strife;
(2) the capability of civilian agencies of the United
States Government to carry out reconstruction and
stabilization activities in such countries or regions should
also be enhanced through a new rapid response corps of
civilian experts supported by the establishment of a new
system of planning, organization, personnel policies, and
education and training, and the provision of adequate
resources;
(3) the international community, including nongovernmental
organizations, and the United Nations and its specialized
agencies should be further encouraged to participate in
planning and organizing reconstruction and stabilization
activities in such countries or regions;

[[Page S2936]]

(4) the executive branch has taken a number of steps to
strengthen civilian capability, including the establishment
of an office headed by a Coordinator for Reconstruction and
Stabilization in the Department, the Presidential designation
of the Secretary as the interagency coordinator and leader of
reconstruction and stabilization efforts, and Department of
Defense directives to the military to support the Office of
Reconstruction and Stabilization and to work closely with
counterparts in the Department of State and other civilian
agencies to develop and enhance personnel, training,
planning, and analysis;
(5) the Secretary and the Administrator should work with
the Secretary of Defense to augment existing personnel
exchange programs among the Department, the United States
Agency for International Development, and the Department of
Defense, including the regional commands and the Joint Staff,
to enhance the stabilization and reconstruction skills of
military and civilian personnel and their ability to
undertake joint operations; and
(6) the heads of other Executive agencies should establish
personnel exchange programs that are designed to enhance the
stabilization and reconstruction skills of military and
civilian personnel.

SEC. 1615. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION
AND STABILIZATION CRISES.

Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.) is amended by inserting after
section 617 the following new section:

``SEC. 618. ASSISTANCE TO ALLEVIATE A RECONSTRUCTION AND
STABILIZATION CRISIS.

``(a) Assistance.--
``(1) In general.--If the President determines that it is
important to the national interests of the United States for
United States civilian agencies or non-Federal employees to
assist in stabilizing and reconstructing a country or region
that is at risk of, is in, or is in transition from conflict
or civil strife, the President may, in accordance with the
provisions set forth in section 614(a)(3), notwithstanding
any other provision of law, and on such terms and conditions
as the President may determine, furnish assistance to respond
to the crisis using funds referred to in paragraph (2).
``(2) Funds.--The funds referred to in this paragraph are
as follows:
``(A) Funds made available under this section, including
funds authorized to be appropriated by subsection (d).
``(B) Funds made available under other provisions of this
Act and transferred or reprogrammed for purposes of this
section.
``(b) Special Authorities.--In furtherance of a
determination made under subsection (a), the President may
exercise the authorities contained in sections 552(c)(2) and
610 without regard to the percentage and aggregate dollar
limitations contained in such sections.
``(c) Availability of Funds for Response Readiness Corps.--
Of the funds made available for this section in any fiscal
year, including funds authorized to be appropriated by
subsection (d) and funds made available under other
provisions of this Act and transferred or reprogrammed for
purposes of this section, $25,000,000 may be made available
for expenses related to the development, training, and
operations of the Response Readiness Corps established under
section 61(c) of the State Department Basic Authorities Act
of 1956.
``(d) Authorization of Appropriations.--
``(1) Authorization.--There is authorized to be
appropriated $75,000,000 to provide assistance authorized in
subsection (a) and, to the extent authorized in subsection
(c), for the purpose described in subsection (c). Such amount
is in addition to amounts otherwise made available for
purposes of this section, including funds made available
under other provisions of this Act and transferred or
reprogrammed for purposes of this section.
``(2) Replenishment.--There is authorized to be
appropriated each fiscal year such sums as may be necessary
to replenish funds expended under this section.
``(3) Availability.--Funds authorized to be appropriated
under this subsection shall be available without fiscal year
limitation.''.

SEC. 1616. OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND
STABILIZATION.

Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651 et seq.) is amended by adding at the end
the following new section:

``SEC. 61. RECONSTRUCTION AND STABILIZATION.

``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--
The head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall be appointed by
the President, by and with the advice and consent of the
Senate. The Coordinator shall report directly to the
Secretary and shall have the rank and status of Ambassador at
Large.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall
include the following:
``(A) Monitoring, in coordination with relevant bureaus
within the Department of State, political and economic
instability worldwide to anticipate the need for mobilizing
United States and international assistance for the
stabilization and reconstruction of countries or regions that
are at risk of, are in, or are in transition from conflict or
civil strife.
``(B) Assessing the various types of stabilization and
reconstruction crises that could occur and cataloging and
monitoring the non-military resources and capabilities of
Executive agencies that are available to address such crises.
``(C) Planning to address requirements, such as
demobilization, policing, human rights monitoring, and public
information, that commonly arise in stabilization and
reconstruction crises.
``(D) Coordinating with relevant Executive agencies to
develop interagency contingency plans to mobilize and deploy
civilian personnel to address the various types of such
crises.
``(E) Entering into appropriate arrangements with other
Executive agencies to carry out activities under this section
and the Reconstruction and Stabilization Civilian Management
Act of 2007.
``(F) Identifying personnel in State and local governments
and in the private sector who are available to participate in
the Response Readiness Corps established under subsection (c)
or to otherwise participate in or contribute to stabilization
and reconstruction activities.
``(G) Taking steps to ensure that training of civilian
personnel to perform such stabilization and reconstruction
activities is adequate and, as appropriate, includes security
training that involves exercises and simulations with the
Armed Forces, including the regional commands.
``(H) Sharing information and coordinating plans for
stabilization and reconstruction activities, as appropriate,
with the United Nations and its specialized agencies, the
North Atlantic Treaty Organization, nongovernmental
organizations, and other foreign national and international
organizations.
``(I) Coordinating plans and procedures for joint civilian-
military operations with respect to stabilization and
reconstruction activities.
``(J) Maintaining the capacity to field on short notice an
evaluation team to undertake on-site needs assessment.
``(b) Response to Stabilization and Reconstruction
Crisis.--If the President makes a determination regarding a
stabilization and reconstruction crisis under section 618 of
the Foreign Assistance Act of 1961, the President may
designate the Coordinator, or such other individual as the
President may determine appropriate, as the coordinator of
the United States response. The individual so designated, or,
in the event the President does not make such a designation,
the Coordinator for Reconstruction and Stabilization, shall--
``(1) assess the immediate and long-term need for resources
and civilian personnel;
``(2) identify and mobilize non-military resources to
respond to the crisis; and
``(3) coordinate the activities of the other individuals or
management team, if any, designated by the President to
manage the United States response.''.

SEC. 1617. RESPONSE READINESS CORPS.

(a) In General.--Section 61 of the State Department Basic
Authorities Act of 1956 (as added by section 1616) is amended
by adding at the end the following new subsections:
``(c) Response Readiness Corps.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the United States Agency for International
Development and the heads of other appropriate departments
and agencies of the United States Government, is authorized
to establish and maintain a Response Readiness Corps
(hereafter referred to in this subsection as the `Corps') to
provide assistance in support of stabilization and
reconstruction activities in foreign countries or regions
that are at risk of, are in, or are in transition from
conflict or civil strife.
``(2) Federal components.--
``(A) Active and standby components.--The Corps shall have
active and standby components consisting of United States
Government personnel as follows:
``(i) An active component, consisting of not more than 250
personnel who are recruited, employed, and trained in
accordance with this paragraph.
``(ii) A standby component, consisting of not more than
2000 personnel who are recruited and trained in accordance
with this paragraph.
``(B) Authorized members of standby component.--Personnel
in the standby component of the Corps may include employees
of the Department of State (including Foreign Service
Nationals), employees of the United States Agency for
International Development, employees of any other Executive
agency, and employees of the legislative branch and judicial
branch of Government--
``(i) who are assigned to the standby component by the
Secretary following nomination for such assignment by the
head of the department or agency of the United States
Government concerned or by an appropriate official of the
legislative or judicial branch of Government, as applicable;
and
``(ii) who--

``(I) have the training and skills necessary to contribute
to stabilization and reconstruction activities; and
``(II) have volunteered for deployment to carry out
stabilization and reconstruction activities.

``(C) Recruitment and employment.--The recruitment and
employment of personnel to

[[Page S2937]]

the Corps shall be carried out by the Secretary, the
Administrator of the United States Agency for International
Development, and the heads of the other departments and
agencies of the United States Government participating in the
establishment and maintenance of the Corps.
``(D) Training.--The Secretary is authorized to train the
members of the Corps under this paragraph to perform services
necessary to carry out the purpose of the Corps under
paragraph (1).
``(E) Compensation.--Members of the active component of the
Corps under subparagraph (A)(i) shall be compensated in
accordance with the appropriate salary class for the Foreign
Service, as set forth in sections 402 and 403 of the Foreign
Service Act of 1980 (22 U.S.C. 3962, 3963), or in accordance
with the relevant authority under sections 3101 and 3392 of
title 5, United States Code.
``(3) Civilian reserve.--
``(A) Civilian reserve.--The Corps shall have a reserve
(hereafter referred to in this subsection as the `Civilian
Reserve') of non-United States Government personnel who are
trained and available as needed to perform services necessary
to carry out the purpose of the Corps under paragraph (1).
The Civilian Reserve shall be established by the Secretary,
in consultation with the Administrator of the Unites States
Agency for International Development and the heads of other
appropriate departments and agencies of the United States
Government.
``(B) Composition.--Beginning not later than one year after
the date of the enactment of the Reconstruction and
Stabilization Civilian Management Act of 2007, the Civilian
Reserve shall include at least 500 personnel, who may include
retired employees of the United States Government, contractor
personnel, nongovernmental organization personnel, State and
local government employees, and individuals from the private
sector, who--
``(i) have the training and skills necessary to enable them
to contribute to stabilization and reconstruction activities;
``(ii) have volunteered to carry out stabilization and
reconstruction activities; and
``(iii) are available for training and deployment to carry
out the purpose of the Corps under paragraph (1).
``(4) Use of response readiness corps.--
``(A) Federal active component.--Members of the active
component of the Corps under paragraph (2)(A)(i) are
authorized to be available--
``(i) for activities in direct support of stabilization and
reconstruction activities; and
``(ii) if not engaged in activities described in clause
(i), for assignment in the United States, United States
diplomatic missions, and United States Agency for
International Development missions.
``(B) Federal standby component and civilian reserve.--The
Secretary may deploy members of the Federal standby component
of the Corps under paragraph (2)(A)(ii), and members of the
Civilian Reserve under paragraph (3), in support of
stabilization and reconstruction activities in a foreign
country or region if the President makes a determination
regarding a stabilization and reconstruction crisis under
section 618 of the Foreign Assistance Act of 1961.
``(d) Executive Agency Defined.--In this section, the term
`Executive agency' has the meaning given the term in section
105 of title 5, United States Code.''.
(b) Employment Authority.--The full-time personnel in the
active component of the Response Readiness Corps under
section 61(c)(2)(A)(i) of the State Department Basic
Authorities Act of 1956 (as added by subsection (a)) are in
addition to any other full-time personnel of the Department
or the United States Agency for International Development
authorized to be employed under any other provision of law.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the status of efforts to establish the Response
Readiness Corps under this section. The report should include
recommendations for any legislation necessary to implement
section 61(c) of the State Department Basic Authorities Act
of 1956 (as so added).

SEC. 1618. STABILIZATION AND RECONSTRUCTION TRAINING AND
EDUCATION.

Section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Stabilization and Reconstruction Curriculum.--
``(1) Establishment and mission.--The Secretary, in
cooperation with the Secretary of Defense and the Secretary
of the Army, is authorized to establish a stabilization and
reconstruction curriculum for use in programs of the Foreign
Service Institute, the National Defense University, and the
United States Army War College.
``(2) Curriculum content.--The curriculum should include
the following:
``(A) An overview of the global security environment,
including an assessment of transnational threats and an
analysis of United States policy options to address such
threats.
``(B) A review of lessons learned from previous United
States and international experiences in stabilization and
reconstruction activities.
``(C) An overview of the relevant responsibilities,
capabilities, and limitations of various Executive agencies
(as that term is defined in section 105 of title 5, United
States Code) and the interactions among them.
``(D) A discussion of the international resources available
to address stabilization and reconstruction requirements,
including resources of the United Nations and its specialized
agencies, nongovernmental organizations, private and
voluntary organizations, and foreign governments, together
with an examination of the successes and failures experienced
by the United States in working with such entities.
``(E) A study of the United States interagency system.
``(F) Foreign language training.
``(G) Training and simulation exercises for joint civilian-
military emergency response operations.''.

SEC. 1619. SERVICE RELATED TO STABILIZATION AND
RECONSTRUCTION.

(a) Promotion Purposes.--Service in stabilization and
reconstruction operations overseas, membership in the
Response Readiness Corps under section 61(c) of the State
Department Basic Authorities Act of 1956 (as added by section
1617), and education and training in the stabilization and
reconstruction curriculum established under section 701(g) of
the Foreign Service Act of 1980 (as added by section 1618)
should be considered among the favorable factors for the
promotion of employees of Executive agencies.
(b) Personnel Training and Promotion.--The Secretary and
the Administrator should take steps to ensure that, not later
than 3 years after the date of the enactment of this Act, at
least 10 percent of the employees of the Department and the
United States Agency for International Development in the
United States are members of the Response Readiness Corps or
are trained in the activities of, or identified for potential
deployment in support of, the Response Readiness Corps. The
Secretary should provide such training as needed to
Ambassadors and Deputy Chiefs of Mission.
(c) Other Incentives and Benefits.--The Secretary and the
Administrator may establish and administer a system of awards
and other incentives and benefits to confer appropriate
recognition on and reward any individual who is assigned,
detailed, or deployed to carry out stabilization or
reconstruction activities in accordance with this subtitle.

SEC. 1620. AUTHORITIES RELATED TO PERSONNEL.

(a) Contracting Authority.--
(1) In general.--The Secretary, or the Administrator with
the concurrence of the Secretary, may enter into contracts to
procure the services of nationals of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or aliens authorized
to be employed in the United States as personal services
contractors for the purpose of carrying out this subtitle,
without regard to Civil Service or classification laws, for
service in the Office of the Coordinator for Reconstruction
and Stabilization or for service in foreign countries to
assist in stabilizing and reconstructing a country or region
that is at risk of, is in, or is in transition from conflict
or civil strife.
(2) Not employees.--Individuals performing services under
contracts described in paragraph (1) shall not by virtue of
performing such services be considered to be employees of the
United States Government for purposes of any law administered
by the Office of Personnel Management (except that the
Secretary or Administrator may determine the applicability to
such individuals of any law administered by the Secretary or
Administrator concerning the performance of such services by
such individuals).
(b) Experts and Consultants.--The Secretary and the
Administrator may, to the extent necessary to obtain services
without delay, employ experts and consultants under section
3109 of title 5, United States Code, for the purpose of
carrying out this subtitle, without requiring compliance with
any otherwise applicable requirements for that employment as
the Secretary or Administrator may determine, except that
such employment shall be terminated after 60 days if by that
time the applicable requirements are not complied with.
(c) Authority To Accept and Assign Details.--The Secretary
is authorized to accept details or assignments of employees
of Executive agencies, members of the uniformed services, and
employees of State or local governments on a reimbursable or
nonreimbursable basis for the purpose of carrying out this
subtitle. The assignment of an employee of a State or local
government under this subsection shall be consistent with
subchapter VI of chapter 33 of title 5, United States Code.
(d) Dual Compensation Waiver.--
(1) Annuitants under civil service retirement system or
federal employees retirement system.--Notwithstanding
sections 8344(i) and 8468(f) of title 5, United States Code,
the Secretary or the head of another Executive agency, as
authorized by the Secretary, may waive the application of
subsections (a) through (h) of such section 8344 and
subsections (a) through (e) of such section 8468 with respect
to annuitants under the Civil Service Retirement System or
the Federal Employees Retirement System who are assigned,
detailed, or deployed to assist in stabilizing and
reconstructing a country or region that is at risk of, is in,
or is in

[[Page S2938]]

transition from conflict or civil strife during the period of
their reemployment.
(2) Annuitants under foreign service retirement and
disability system or foreign service pension system.--The
Secretary may waive the application of subsections (a)
through (d) of section 824 of the Foreign Service Act (22
U.S.C. 4064) for annuitants under the Foreign Service
Retirement and Disability System or the Foreign Service
Pension System who are reemployed on a temporary basis in
order to be assigned, detailed, or deployed to assist in
stabilization and reconstruction activities under this
subtitle.
(e) Increase in Premium Pay Cap.--The Secretary, or the
head of another Executive agency as authorized by the
Secretary, may compensate an employee detailed, assigned, or
deployed to assist in stabilizing and reconstructing a
country or region that is at risk of, is in, or is in
transition from conflict or civil strife, without regard to
the limitations on premium pay set forth in section 5547 of
title 5, United States Code, to the extent that the aggregate
of the basic pay and premium pay of such employee for a year
does not exceed the annual rate payable for level II of the
Executive Schedule.
(f) Extension of Certain Foreign Service Benefits.--The
Secretary, or the head of another Executive agency as
authorized by the Secretary, may extend to any individuals
assigned, detailed, or deployed to carry out stabilization
and reconstruction activities in accordance with this
subtitle, the benefits or privileges set forth in sections
412, 413, 704, and 901 of the Foreign Service Act of 1980 (22
U.S.C. 3972, 22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C.
4081) to the same extent and manner that such benefits and
privileges are extended to members of the Foreign Service.
(g) Compensatory Time.--Notwithstanding any other provision
of law, the Secretary may, subject to the consent of an
individual who is assigned, detailed, or deployed to carry
out stabilization and reconstruction activities in accordance
with this subtitle, grant such individual compensatory time
off for an equal amount of time spent in regularly or
irregularly scheduled overtime work. Credit for compensatory
time off earned shall not form the basis for any additional
compensation. Any such compensatory time not used within 26
pay periods shall be forfeited.
(h) Acceptance of Volunteer Services.--
(1) In general.--The Secretary may accept volunteer
services for the purpose of carrying out this subtitle
without regard to section 1342 of title 31, United States
Code.
(2) Types of volunteers.--Donors of voluntary services
accepted for purposes of this section may include--
(A) advisors;
(B) experts;
(C) consultants; and
(D) persons performing services in any other capacity
determined appropriate by the Secretary.
(3) Supervision.--The Secretary shall--
(A) ensure that each person performing voluntary services
accepted under this section is notified of the scope of the
voluntary services accepted;
(B) supervise the volunteer to the same extent as employees
receiving compensation for similar services; and
(C) ensure that the volunteer has appropriate credentials
or is otherwise qualified to perform in each capacity for
which the volunteer's services are accepted.
(4) Applicability of law relating to federal government
employees.--A person providing volunteer services accepted
under this section shall not be considered an employee of the
Federal Government in the performance of those services,
except for the purposes of the following provisions of law:
(A) Chapter 81 of title 5, United States Code, relating to
compensation for work-related injuries.
(B) Chapter 11 of title 18, United States Code, relating to
conflicts of interest.
(5) Applicability of law relating to volunteer liability
protection.--
(A) In general.--A person providing volunteer services
accepted under this section shall be deemed to be a volunteer
of a nonprofit organization or governmental entity, with
respect to the accepted services, for purposes of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
(B) Inapplicability of exceptions to volunteer liability
protection.--Section 4(d) of such Act (42 U.S.C. 14503(d))
shall not apply with respect to the liability of a person
with respect to services of such person that are accepted
under this section.
(i) Authority for Outside Advisors.--
(1) In general.--The Secretary may establish temporary
advisory commissions composed of individuals with appropriate
expertise to facilitate the carrying out of this subtitle.
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the activities of a commission established under
this subsection.

SEC. 1621. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for each fiscal year
$80,000,000 for personnel, education and training, equipment,
and travel costs for purposes of carrying out this subtitle
and the amendments made by this subtitle (other than the
amendment made by section 1615).

Subtitle C--Nuclear Nonproliferation Programs

SEC. 1631. ANNUAL REPORT ON NUCLEAR MATERIAL THREAT
MITIGATION.

(a) Annual Report.--
(1) In general.--Not later than March 1, 2008, and annually
thereafter, the President shall submit to the appropriate
congressional committees a report on United States Government
efforts, for the year ending December 31 of the preceding
calendar year, to mitigate the threats caused by high-risk,
proliferation-attractive fissile materials, radiological
materials, and related equipment located at sites potentially
vulnerable to theft or diversion.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) A description of the progress achieved during the
preceding calendar year and of the impediments to further
progress in securing and reducing nuclear materials
worldwide, taking into account the priority accorded to
various sites and the plan set forth in the report submitted
pursuant to paragraph (2) of section 3132(d) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (50 U.S.C. 2569(d)(2)), as updated pursuant to
subsection (c)(1).
(B) Any needed adjustments to such plan or any updates to
the plan.
(b) Strategies Required for 2007 Report.--The report
required under subsection (a) for the year ending December
31, 2007, shall also include the following strategies:
(1) A strategy for sustaining and building on the progress
regarding nuclear material security that United States
assistance has helped bring about in the independent states
of the former Soviet Union and elsewhere.
(2) A strategy for integrating programmatic United States
nonproliferation activities with the Proliferation Security
Initiative, the G8 Global Partnership Against the Spread of
Weapons of Mass Destruction, the Global Initiative to Combat
Nuclear Terrorism, worldwide implementation of relevant
United Nations Security Council resolutions, notably United
Nations Security Council Resolution 1540 (2004), and other
United States diplomatic and military nonproliferation and
counterproliferation activities.
(c) Biennial Updates.--The report required by subsection
(a) for the year ending December 31, 2008, and for each even-
numbered year thereafter, shall include--
(1) an update of the list of sites and the plan submitted
pursuant to section 3132(d)(2) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2569(d)(2)); and
(2) an update of the strategies submitted pursuant to
subsection (b).
(d) Later Deadline Applicable to Certain Annual Reports.--
The report required by subsection (a) for the year ending
December 31, 2008, and for every fourth year thereafter,
shall be submitted by May 15 of the succeeding year.
(e) Integration of Other Reports.--
(1) Post-inauguration report on nonproliferation and threat
reduction objectives of the president.--The report required
by section 1339(a) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (50 U.S.C. 2357g(a)) may be integrated
into the report submitted under subsection (d).
(2) Information in cooperative threat reduction annual
report.--
(A) Citation by reference.--Information relevant to a
report required under this section that is already contained
in an annual report on activities and assistance under
Cooperative Threat Reduction programs submitted to Congress
under section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398;
114 Stat. 1654A-341) for the fiscal year during which the
report required under this section is submitted may be cited
by reference in the report required under this section.
(B) Inclusion in appendix.--Information described under
subparagraph (A) that is cited by reference in a report
required under this section shall be reprinted in an appendix
to the report.
(f) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may be accompanied by
classified appendices.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.

SEC. 1632. NUCLEAR NONPROLIFERATION BUDGET REPORT.

(a) Report.--In connection with the budget submitted to
Congress under section 1105(a) of title 31, United States
Code, the President shall submit to the appropriate
congressional committees a report setting forth the nuclear
nonproliferation budget of the Federal Government.
(b) Components.--
(1) Programs.--The report required under subsection (a)
shall include relevant programs of the Department of Defense,
the Department of State, and the Department of Energy, such
as the following:
(A) Within the Department of Defense: Cooperative Threat
Reduction, WMD Proliferation Prevention Initiatives, and
International Counter-Proliferation.
(B) Within the Department of State: International Science
and Technology Centers

[[Page S2939]]

and other elements of the Global Threat Reduction Program,
Nonproliferation and Disarmament Fund, Export Control and
Related Border Security, Proliferation Security Initiative,
and support for the International Monitoring System of the
CTBTO Preparatory Commission.
(C) Within the Department of Energy: Nonproliferation and
Verification Research and Development, Nonproliferation and
International Security, International Nuclear Materials
Protection and Cooperation, Global Threat Reduction
Initiative, HEU Transparency Implementation, Elimination of
Weapons-Grade Plutonium Production, and Fissile Materials
Disposition.
(2) Related activities.--The report required under
subsection (a) shall include activities of the Department of
Commerce, the Department of Homeland Security, and other
departments or agencies that are of the same type as, or are
undertaken pursuant to, the programs described in paragraph
(1).
(c) Nonproliferation Objectives.--The report required under
subsection (a) shall set forth--
(1) the objectives of the executive branch regarding
nuclear nonproliferation;
(2) the contribution of each program to those objectives;
(3) the planned coordination of the programs in the
upcoming fiscal year;
(4) the proposed budget for each program;
(5) the planned use of funds by each program; and
(6) the milestones that each program is expected to
achieve.
(d) Information in Cooperative Threat Reduction Annual
Report.--
(1) Citation by reference.--Information relevant to
paragraphs (4), (5), and (6) of subsection (c) that is
already contained in an annual report on activities and
assistance under Cooperative Threat Reduction programs
submitted to Congress under section 1308 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398; 114 Stat. 1654A-341) may be cited
by reference in the report required under subsection (a).
(2) Inclusion in appendix.--Information described under
paragraph (1) that is cited by reference in a report required
under subsection (a) shall be reprinted in an appendix to the
report.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Government Affairs, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.

SEC. 1633. NUCLEAR COMPLIANCE CONTINGENCY RESERVE.

Chapter 9 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349bb et seq.) is amended by inserting after
section 584 the following new section:

``SEC. 584A. NUCLEAR COMPLIANCE CONTINGENCY RESERVE.

``(a) Establishment.--The Secretary of State shall
establish a contingency reserve within the Nonproliferation
and Disarmament Fund established pursuant to section 504 of
the FREEDOM Support Act (22 U.S.C. 5854) for use in securing
and verifying the compliance of North Korea and Iran with
separate agreements under which each country is obligated to
suspend or abandon sensitive nuclear activities, facilities,
and materials.
``(b) Application of Existing Law and Procedures.--The
contingency reserve established under subsection (a) shall be
subject to the provisions of sections 504, 507, and 508 of
the FREEDOM Support Act (22 U.S.C. 5854, 5857, and 5858) and
shall be administered using the financial release procedures
of the Nonproliferation and Disarmament Fund.
``(c) Certification Requirement.--Each report regarding the
contingency reserve established pursuant to subsection (a)
that is submitted pursuant to subsection 508(a) of the
FREEDOM Support Act (22 U.S.C. 5858(a)) shall include a
certification that--
``(1) a qualifying agreement described under such
subsection is in force; and
``(2) full use is being made, as appropriate, of the
Cooperative Threat Reduction Program of the Department of
Defense, pursuant to section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963).
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated,
in addition to other funds authorized to be appropriated for
such purposes, $100,000,000 for each of fiscal years 2008,
2009, 2010, 2011, and 2012.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.''.

SEC. 1634. INCREASED PROTECTION AGAINST RADIOLOGICAL THREATS.

(a) Sense of Congress.--It is the sense of Congress that
the Nuclear Regulatory Commission should promulgate new
regulations applicable to Nuclear Regulatory Commission
licensees and licensees of Nuclear Regulatory Commission
Agreement States to reduce the risk that isotopes of elements
such as americium, californium, plutonium, and polonium will
be used as weapons of murder or assassination.
(b) Risk Study.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Nuclear
Regulatory Commission shall submit to Congress a study of the
risk that isotopes of elements such as americium,
californium, plutonium, and polonium will be used as weapons
of murder or assassination and the feasibility of
promulgating regulations to reduce that risk.
(c) Consultation.--In conducting the study required by
subsection (b) of this section, the Chairman of the Nuclear
Regulatory Commission shall consult with appropriate members
of the Nuclear and Radiation Studies Board of the National
Academies.

Subtitle D--Global Pathogen Surveillance and Combating of Bioterrorism
and Avian Influenza

PART I--GLOBAL PATHOGEN SURVEILLANCE

SEC. 1641. SHORT TITLE.

This part may be cited as the ``Global Pathogen
Surveillance Act of 2007''.

SEC. 1642. FINDINGS; PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) The frequency of the occurrence of biological events
that could threaten the national security of the United
States has increased and is likely increasing. The threat to
the United States from such events includes threats from
diseases that infect humans, animals, or plants regardless of
whether such diseases are introduced naturally, accidentally,
or intentionally.
(2) The United States lacks an effective and real-time
system to detect, identify, contain, and respond to global
threats and also lacks an effective mechanism to disseminate
information to the national response community if such
threats arise.
(3) Bioterrorism poses a grave national security threat to
the United States. The insidious nature of a bioterrorist
attack, the likelihood that the recognition of such an attack
would be delayed, and the underpreparedness of the domestic
public health infrastructure to respond to such an attack
could result in catastrophic consequences following a
biological weapons attack against the United States.
(4) The ability to recognize that a country or organization
is carrying out a covert biological weapons program is
dependent on a number of indications and warnings. A critical
component of this recognition is the timely detection of
sentinel events such as laboratory accidents and community-
level outbreaks that could be the earliest indication of an
emerging bioterrorist program in a foreign country. Early
detection of such events may enable earlier
counterproliferation intervention.
(5) A contagious pathogen engineered as a biological weapon
and developed, tested, produced, or released in a foreign
country could quickly spread to the United States.
Considering the realities of international travel, trade, and
migration patterns, a dangerous pathogen appearing naturally,
accidentally, or intentionally anywhere in the world can
spread to the United States in a matter of days, before any
effective quarantine or isolation measures could be
implemented.
(6) To combat bioterrorism effectively and ensure that the
United States is fully prepared to prevent, recognize, and
contain a biological weapons attack or emerging infectious
disease, measures to strengthen the domestic public health
infrastructure and improve domestic event detection,
surveillance, and response, while absolutely essential, are
not sufficient.
(7) The United States should enhance cooperation with the
World Health Organization, regional international health
organizations, and individual countries, including data
sharing with appropriate agencies and departments of the
United States, to help detect and quickly contain infectious
disease outbreaks or a bioterrorism agent before such a
disease or agent is spread.
(8) The World Health Organization has done an impressive
job in monitoring infectious disease outbreaks around the
world, particularly with the establishment in April 2000 of
the Global Outbreak Alert and Response Network.
(9) The capabilities of the World Health Organization
depend on the quality of the data and information the
Organization receives from the countries that are members of
the Organization and is further limited by the narrow list of
diseases (such as plague, cholera, and yellow fever) on which
such surveillance and monitoring is based and by the
consensus process used by the Organization to add new
diseases to the list. Developing countries, in particular,
often are unable to devote the necessary resources to build
and maintain public health infrastructures.
(10) In particular, developing countries could benefit
from--
(A) better trained public health professionals and
epidemiologists to recognize disease patterns;
(B) appropriate laboratory equipment for diagnosis of
pathogens;
(C) disease reporting systems that--
(i) are based on disease and syndrome surveillance; and
(ii) could enable an effective response to a biological
event to begin at the earliest possible opportunity;
(D) a narrowing of the existing technology gap in disease
and syndrome surveillance capabilities, based on reported
symptoms, and real-time information dissemination to public
health officials; and

[[Page S2940]]

(E) appropriate communications equipment and information
technology to efficiently transmit information and data
within national, international regional, and international
health networks, including inexpensive, Internet-based
Geographic Information Systems (GIS) and relevant telephone-
based systems for early recognition and diagnosis of
diseases.
(11) An effective international capability to detect,
monitor, and quickly diagnose infectious disease outbreaks
will offer dividends not only in the event of biological
weapons development, testing, production, and attack, but
also in the more likely cases of naturally occurring
infectious disease outbreaks that could threaten the United
States. Furthermore, a robust surveillance system will serve
to deter, prevent, or contain terrorist use of biological
weapons, mitigating the intended effects of such malevolent
uses.
(b) Purposes.--The purposes of this part are as follows:
(1) To provide the United States with an effective and
real-time system to detect biological threats that--
(A) utilizes classified and unclassified information to
detect such threats; and
(B) may be utilized by the human or the agricultural
domestic disease response community.
(2) To enhance the capability of the international
community, through the World Health Organization and
individual countries, to detect, identify, and contain
infectious disease outbreaks, whether the cause of those
outbreaks is intentional human action or natural in origin.
(3) To enhance the training of public health professionals
and epidemiologists from eligible developing countries in
advanced Internet-based disease and syndrome surveillance
systems, in addition to traditional epidemiology methods, so
that such professionals and epidemiologists may better
detect, diagnose, and contain infectious disease outbreaks,
especially such outbreaks caused by the pathogens that may be
likely to be used in a biological weapons attack.
(4) To provide assistance to developing countries to
purchase appropriate communications equipment and information
technology to detect, analyze, and report biological threats,
including--
(A) relevant computer equipment, Internet connectivity
mechanisms, and telephone-based applications to effectively
gather, analyze, and transmit public health information for
infectious disease surveillance and diagnosis; and
(B) appropriate computer equipment and Internet
connectivity mechanisms--
(i) to facilitate the exchange of Geographic Information
Systems-based disease and syndrome surveillance information;
and
(ii) to effectively gather, analyze, and transmit public
health information for infectious disease surveillance and
diagnosis.
(5) To make available greater numbers of public health
professionals who are employed by the Government of the
United States to international regional and international
health organizations, international regional and
international health networks, and United States diplomatic
missions, as appropriate.
(6) To expand the training and outreach activities of
United States laboratories located in foreign countries,
including the Centers for Disease Control and Prevention or
Department of Defense laboratories, to enhance the public
health capabilities of developing countries.
(7) To provide appropriate technical assistance to existing
international regional and international health networks and,
as appropriate, seed money for new international regional and
international networks.

SEC. 1643. DEFINITIONS.

In this part:
(1) Eligible developing country.--The term ``eligible
developing country'' means any developing country that--
(A) has agreed to the objective of fully complying with
requirements of the World Health Organization on reporting
public health information on outbreaks of infectious
diseases;
(B) has not been determined by the Secretary, for purposes
of section 40 of the Arms Export Control Act (22 U.S.C.
2780), section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or section 6(j) of the Export Administration
Act of 1979 (as in effect pursuant to the International
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), to
have repeatedly provided support for acts of international
terrorism, unless the Secretary exercises a waiver certifying
that it is in the national interest of the United States to
provide assistance under the provisions of this part; and
(C) is a party to the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction, done
at Washington, London, and Moscow April 10, 1972 (26 UST
583).
(2) Eligible national.--The term ``eligible national''
means any citizen or national of an eligible developing
country who--
(A) does not have a criminal background;
(B) is not on any immigration or other United States watch
list; and
(C) is not affiliated with any foreign terrorist
organization.
(3) International health organization.--The term
``international health organization'' includes such
international organizations as the World Health Organization,
regional offices of such organizations, and such regional
international health organizations as the Pan American Health
Organization.
(4) Laboratory.--The term ``laboratory'' means a facility
for the biological, microbiological, serological, chemical,
immuno-hematological, hematological, biophysical,
cytological, pathological, or other medical examination of
materials derived from the human body for the purpose of
providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment
of the health of, human beings.
(5) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of State.
(6) Disease and syndrome surveillance.--The term ``disease
and syndrome surveillance'' means the recording of clinician-
reported symptoms (patient complaints) and signs (derived
from physical examination and laboratory data) combined with
simple geographic locators to track the emergence of a
disease in a population.

SEC. 1644. ELIGIBILITY FOR ASSISTANCE.

(a) In General.--Except as provided in subsection (b),
assistance may be provided to an eligible developing country
under any provision of this part only if the government of
the eligible developing country--
(1) permits personnel from the World Health Organization
and the Centers for Disease Control and Prevention to
investigate outbreaks of infectious diseases within the
borders of such country; and
(2) provides pathogen surveillance data to the appropriate
agencies and departments of the United States and to
international health organizations.
(b) Waiver.--The Secretary may waive the prohibition set
out in subsection (a) if the Secretary determines that it is
in the national interest of the United States to provide such
a waiver.

SEC. 1645. RESTRICTION.

(a)  In General.--Notwithstanding any other provision of
this part, no foreign national participating in a program
authorized under this part shall have access, during the
course of such participation, to a select agent or toxin
described in section 73.4 of title 42, Code of Federal
Regulations (or any corresponding similar regulation) or an
overlap select agent or toxin described in section 73.5 of
such title (or any corresponding similar regulation) that may
be used as, or in, a biological weapon, except in a
supervised and controlled setting.
(b) Relationship to Regulations.--The restriction set out
in subsection (a) may not be construed to limit the ability
of the Secretary of Health and Human Services to prescribe,
through regulation, standards for the handling of a select
agent or toxin or an overlap select agent or toxin described
in such subsection.

SEC. 1646. FELLOWSHIP PROGRAM.

(a) Establishment.--There is established a fellowship
program under which the Secretary, in consultation with the
Secretary of Health and Human Services and subject to the
availability of appropriations, shall award fellowships to
eligible nationals to pursue public health education or
training, as follows:
(1) Master of public health degree.--Graduate courses of
study leading to a master of public health degree with a
concentration in epidemiology from an institution of higher
education in the United States with a Center for Public
Health Preparedness, as determined by the Director of the
Centers for Disease Control and Prevention.
(2) Advanced public health epidemiology training.--Advanced
public health training in epidemiology for public health
professionals from eligible developing countries to be
carried out at the Centers for Disease Control and
Prevention, an appropriate facility of a State, or an
appropriate facility of another agency or department of the
United States (other than a facility of the Department of
Defense or a national laboratory of the Department of Energy)
for a period of not less than 6 months or more than 12
months.
(b) Specialization in Bioterrorism.--In addition to the
education or training specified in subsection (a), each
recipient of a fellowship under this section (in this section
referred to as a ``fellow'') may take courses of study at the
Centers for Disease Control and Prevention or at an
equivalent facility on diagnosis and containment of likely
bioterrorism agents.
(c) Fellowship Agreement.--
(1) In general.--A fellow shall enter into an agreement
with the Secretary under which the fellow agrees--
(A) to maintain satisfactory academic progress, as
determined in accordance with regulations issued by the
Secretary and confirmed in regularly scheduled updates to the
Secretary from the institution providing the education or
training on the progress of the fellow's education or
training;
(B) upon completion of such education or training, to
return to the fellow's country of nationality or last
habitual residence (so long as it is an eligible developing
country) and complete at least 4 years of employment in a
public health position in the government or a
nongovernmental, not-for-profit entity in that country or,
with the approval of the Secretary, complete part or all of
this requirement through service with an international health
organization without geographic restriction; and
(C) that, if the fellow is unable to meet the requirements
described in subparagraph (A)

[[Page S2941]]

or (B), the fellow shall reimburse the United States for the
value of the assistance provided to the fellow under the
fellowship program, together with interest at a rate that--
(i) is determined in accordance with regulations issued by
the Secretary; and
(ii) is not higher than the rate generally applied in
connection with other Federal loans.
(2) Waivers.--The Secretary may waive the application of
subparagraph (B) or (C) of paragraph (1) if the Secretary
determines that it is in the national interest of the United
States to provide such a waiver.
(d) Agreement.--The Secretary, in consultation with the
Secretary of Health and Human Services, is authorized to
enter into an agreement with the government of an eligible
developing country under which such government agrees--
(1) to establish a procedure for the nomination of eligible
nationals for fellowships under this section;
(2) to guarantee that a fellow will be offered a
professional public health position within the developing
country upon completion of the fellow's studies; and
(3) to submit to the Secretary a certification stating that
a fellow has concluded the minimum period of employment in a
public health position required by the fellowship agreement,
including an explanation of how the requirement was met.
(e) Participation of United States Citizens.--On a case-by-
case basis, the Secretary may provide for the participation
of a citizen of the United States in the fellowship program
under the provisions of this section if--
(1) the Secretary determines that it is in the national
interest of the United States to provide for such
participation; and
(2) the citizen of the United States agrees to complete, at
the conclusion of such participation, at least 5 years of
employment in a public health position in an eligible
developing country or at an international health
organization.
(f) Use of Existing Programs.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
may elect to use existing programs of the Department of
Health and Human Services to provide the education and
training described in subsection (a) if the requirements of
subsections (b), (c), and (d) will be substantially met under
such existing programs.

SEC. 1647. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND
DISEASE AND SYNDROME SURVEILLANCE.

(a) Laboratory Techniques.--
(1) In general.--The Secretary, after consultation with the
Secretary of Health and Human Services and in conjunction
with the Director of the Centers for Disease Control and
Prevention and the Secretary of Defense, and subject to the
availability of appropriations, shall provide assistance for
short training courses for eligible nationals who are
laboratory technicians or other public health personnel in
laboratory techniques relating to the identification,
diagnosis, and tracking of pathogens responsible for possible
infectious disease outbreaks.
(2) Location.--The training described in paragraph (1)
shall be held outside the United States and may be conducted
in facilities of the Centers for Disease Control and
Prevention located in foreign countries or in Overseas
Medical Research Units of the Department of Defense, as
appropriate.
(3) Coordination with existing programs.--The Secretary
shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international health organizations.
(b) Disease and Syndrome Surveillance.--
(1) In general.--The Secretary, after consultation with the
Secretary of Health and Human Services and in conjunction
with the Director of the Centers for Disease Control and
Prevention and the Secretary of Defense and subject to the
availability of appropriations, shall establish and provide
assistance for short training courses for eligible nationals
who are health care providers or other public health
personnel in techniques of disease and syndrome surveillance
reporting and rapid analysis of syndrome information using
Geographic Information System (GIS) tools.
(2) Location.--The training described in paragraph (1)
shall be conducted via the Internet or in appropriate
facilities located in a foreign country, as determined by the
Secretary.
(3) Coordination with existing programs.--The Secretary
shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international regional and international health
organizations.

SEC. 1648. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF
PUBLIC HEALTH LABORATORY EQUIPMENT AND
SUPPLIES.

(a) Authorization.--The President is authorized to provide,
on such terms and conditions as the President may determine,
assistance to eligible developing countries to purchase and
maintain the public health laboratory equipment and supplies
described in subsection (b).
(b) Equipment and Supplies Covered.--The equipment and
supplies described in this subsection are equipment and
supplies that are--
(1) appropriate, to the extent possible, for use in the
intended geographic area;
(2) necessary to collect, analyze, and identify
expeditiously a broad array of pathogens, including mutant
strains, which may cause disease outbreaks or may be used in
a biological weapon;
(3) compatible with general standards set forth by the
World Health Organization and, as appropriate, the Centers
for Disease Control and Prevention, to ensure
interoperability with international regional and
international public health networks; and
(4) not defense articles, defense services, or training, as
such terms are defined in the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology
from compliance with applicable provisions of the Export
Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act; 50 U.S.C. 1701
et seq.).
(d) Limitation.--Amounts appropriated to carry out this
section shall not be made available for the purchase from a
foreign country of equipment or supplies that, if made in the
United States, would be subject to the Arms Export Control
Act (22 U.S.C. 2751 et seq.) or likely be barred or subject
to special conditions under the Export Administration Act of
1979 (as in effect pursuant to the International Emergency
Economic Powers Act; 50 U.S.C. 1701 et seq.).
(e) Procurement Preference.--In the use of grant funds
authorized under subsection (a), preference should be given
to the purchase of equipment and supplies of United States
manufacture. The use of amounts appropriated to carry out
this section shall be subject to section 604 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2354).
(f) Country Commitments.--The assistance provided under
this section for equipment and supplies may be provided only
if the eligible developing country that receives such
equipment and supplies agrees to provide the infrastructure,
technical personnel, and other resources required to house,
maintain, support, secure, and maximize use of such equipment
and supplies.

SEC. 1649. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC
HEALTH INFORMATION.

(a) Assistance for Purchase of Communication Equipment and
Information Technology.--The President is authorized to
provide, on such terms and conditions as the President may
determine, assistance to eligible developing countries to
purchase and maintain the communications equipment and
information technology described in subsection (b), and the
supporting equipment, necessary to effectively collect,
analyze, and transmit public health information.
(b) Covered Equipment.--The communications equipment and
information technology described in this subsection are
communications equipment and information technology that--
(1) are suitable for use under the particular conditions of
the area of intended use;
(2) meet the standards set forth by the World Health
Organization and, as appropriate, the Secretary of Health and
Human Services, to ensure interoperability with like
equipment of other countries and international organizations;
and
(3) are not defense articles, defense services, or
training, as those terms are defined in the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology
from compliance with applicable provisions of the Export
Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act; 50 U.S.C. 1701
et seq.).
(d) Limitation.--Amounts appropriated to carry out this
section shall not be made available for the purchase from a
foreign country of communications equipment or information
technology that, if made in the United States, would be
subject to the Arms Export Control Act (22 U.S.C. 2751 et
seq.) or likely be barred or subject to special conditions
under the Export Administration Act of 1979 (as in effect
pursuant to the International Emergency Economic Powers Act;
50 U.S.C. 1701 et seq.).
(e) Procurement Preference.--In the use of grant funds
under subsection (a), preference should be given to the
purchase of communications equipment and information
technology of United States manufacture. The use of amounts
appropriated to carry out this section shall be subject to
section 604 of the Foreign Assistance Act of 1961 (22 U.S.C.
2354).
(f) Assistance for Standardization of Reporting.--The
President is authorized to provide, on such terms and
conditions as the President may determine, technical
assistance and grant assistance to international health
organizations to facilitate standardization in the reporting
of public health information between and among developing
countries and international health organizations.
(g) Country Commitments.--The assistance provided under
this section for communications equipment and information
technology may be provided only if the eligible developing
country that receives such equipment and technology agrees to
provide the infrastructure, technical personnel, and other
resources required to house, maintain, support, secure, and
maximize use of such equipment and technology.

SEC. 1650. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED
STATES MISSIONS AND INTERNATIONAL HEALTH
ORGANIZATIONS.

(a) In General.--Upon the request of the chief of a
diplomatic mission of the United

[[Page S2942]]

States or of the head of an international health
organization, and with the concurrence of the Secretary and
of the employee concerned, the head of an agency or
department of the United States may assign to the mission or
the organization any officer or employee of the agency or
department that occupies a public health position within the
agency or department for the purpose of enhancing disease and
pathogen surveillance efforts in developing countries.
(b) Reimbursement.--The costs incurred by an agency or
department of the United States by reason of the detail of
personnel under subsection (a) may be reimbursed to that
agency or department out of the applicable appropriations
account of the Department of State if the Secretary
determines that the agency or department may otherwise be
unable to assign such personnel on a non-reimbursable basis.

SEC. 1651. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT
LABORATORIES ABROAD.

(a) In General.--Subject to the availability of
appropriations, the Director of the Centers for Disease
Control and Prevention and the Secretary of Defense shall
each--
(1) increase the number of personnel assigned to
laboratories of the Centers for Disease Control and
Prevention or the Department of Defense, as appropriate,
located in eligible developing countries that conduct
research and other activities with respect to infectious
diseases; and
(2) expand the operations of such laboratories, especially
with respect to the implementation of on-site training of
foreign nationals and activities affecting the region in
which the country is located.
(b) Cooperation and Coordination Between Laboratories.--
Subsection (a) shall be carried out in such a manner as to
foster cooperation and avoid duplication between and among
laboratories.
(c) Relation to Core Missions and Security.--The expansion
of the operations of the laboratories of the Centers for
Disease Control and Prevention or the Department of Defense
located in foreign countries under this section may not--
(1) detract from the established core missions of the
laboratories; or
(2) compromise the security of those laboratories, as well
as their research, equipment, expertise, and materials.

SEC. 1652. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND
EXPANSION OF FIELD EPIDEMIOLOGY TRAINING
PROGRAMS.

(a) Authority.--The President is authorized, on such terms
and conditions as the President may determine, to provide
assistance for the purposes of--
(1) enhancing the surveillance and reporting capabilities
for the World Health Organization and existing international
regional and international health networks; and
(2) developing new international regional and international
health networks.
(b) Expansion of Field Epidemiology Training Programs.--The
Secretary of Health and Human Services is authorized to
establish new country or regional international Field
Epidemiology Training Programs in eligible developing
countries.

SEC. 1653. FOREIGN BIOLOGICAL THREAT DETECTION AND WARNING.

(a) In General.--The President is authorized to establish a
capability for foreign biological threat detection and
warning within either the Department of Defense, the
Department of Homeland Security, the Central Intelligence
Agency, or the Centers for Disease Control and Prevention
with the technical ability to conduct event detection and
rapid threat assessment related to biological threats in
foreign countries.
(b) Purposes.--The purposes of the capability under
subsection (a) shall be--
(1) to integrate public health, medical, agricultural,
societal, and intelligence indications and warnings to
identify in advance the emergence of a transnational
biological threat;
(2) to provide rapid threat assessment capability to the
appropriate agencies or departments of the United States that
is not dependent on access to--
(A) a specific biological agent;
(B) the area in which such agent is present; or
(C) information related to the means of introduction of
such agent; and
(3) to build the information visibility and decision
support activities required for appropriate and timely
information distribution and threat response.
(c) Technology.--The capability under subsection (a) shall
employ technologies similar to, but no less capable than,
those used by the Intelligence Technology Innovation Center
(ITIC) within the Directorate of Science and Technology of
the Central Intelligence Agency to conduct real-time,
prospective, automated threat assessments that employ social
disruption factors.
(d) Event Detection Defined.--In this section, the term
``event detection'' refers to the real-time and rapid
recognition of a possible biological event that has appeared
in a community and that could have national security
implications, regardless of whether the event is caused by
natural, accidental, or intentional means and includes
scrutiny of such possible biological event by analysts
utilizing classified and unclassified information.

SEC. 1654. REPORTS.

Not later than 90 days after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of
Health and Human Services, the Secretary of Homeland
Security, and the Secretary of Defense, shall submit to
Congress a report on the implementation of programs under
this part, including an estimate of the level of funding
required to carry out such programs at a sufficient level.

SEC. 1655. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(c), there are authorized to be appropriated for the purpose
of carrying out activities under this part the following
amounts:
(1) $40,000,000 for fiscal year 2008.
(2) $75,000,000 for each of fiscal years 2009, 2010, 2011,
and 2012.
(b) Availability of Funds.--The amounts appropriated
pursuant to subsection (a) are authorized to remain available
until expended.
(c) Limitation on Obligation of Funds.--Of the amount
authorized to be appropriated under this section for fiscal
year 2008, not more than $4,000,000 may be obligated before
the date on which a report is submitted under section 1654.

PART II--COMBATING BIOTERRORISM AND AVIAN INFLUENZA

SEC. 1661. COMBATING BIOTERRORISM AND AVIAN INFLUENZA.

(a) Sense of Congress.--It is the sense of Congress that
training provided by the United States Government for the
purpose of improving worldwide capabilities to detect,
identify, and combat avian influenza should also include,
whenever feasible, training to detect, identify, and combat
agents that might be used in an act of biological terrorism.
(b) Program for Combating Bioterrorism.--The Secretary of
State, in coordination with the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the
President of the Institute of Medicine of the National
Academies, shall establish a program to promote national,
international, and private-sector actions to reduce the
danger of bioterrorism and assist countries in compliance
with United Nations Security Council Resolution 1540 (2004)
by criminalizing bioterrorist activity, developing
regulations governing the transfer and handling of disease
samples, and developing and implementing agreed standards for
biotechnology security and ethics.
(c) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Congress a report setting forth a 5-year plan of action
for this program and indicating what funding would be
required to implement the plan. The plan shall include a
discussion of the feasibility of providing assistance in
developing a biosecurity handbook that could gain
international acceptance and implementation.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State to carry out
activities under this section the following amounts:
(1) $5,000,000 for fiscal year 2008, of which not more than
$1,000,000 may be expended on the report required under
subsection (c).
(2) $5,000,000 for each of fiscal years 2009, 2010, 2011,
and 2012.

SEC. 1662. GLOBAL PATHOGEN SECURITY PROGRAM.

Chapter 9 of Part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349bb et seq.) is amended by inserting after
section 584A (as added by section 1633 of this title) the
following new section:

``SEC. 584B GLOBAL PATHOGEN SECURITY PROGRAM.

``(a) Establishment.--The Secretary of State shall
establish a program to combat bioterrorism world-wide by
providing training, equipment, and financial and technical
(including legal) assistance in such areas as biosecurity,
biosafety, pathogen surveillance, and timely response to
outbreaks of infectious disease, and by providing increased
opportunity for former biological weapons scientists to
engage in remunerative careers that promote public health and
safety.
``(b) Activities Included.--Activities in the program
established pursuant to subsection (a) shall include
administration of the programs authorized by subtitle D of
title XVI of the Improving America's Security Act of 2007 and
may also include such activities as the Pathogen Security
Program and the Biosecurity Engagement Program of the Office
of Cooperative Threat Reduction in the Department of
State.''.
______

SA 418. Mr. DORGAN 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 section 401, add the following:
(f) Report on Processing of Visa Applications.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of State shall submit a report to Congress that
includes the following information with respect to each visa-
issuing post operated by the Department of State where,
during the preceding twelve months, the length of time

[[Page S2943]]

between the submission of a request for a personal interview
for a non-immigrant visa and the date of the personal
interview of the applicant:
(1) The number of visa applications submitted to the
Department in each of the 3 preceding fiscal years, including
information regarding each type of visa applied for.
(2) The number of visa applications that were approved in
each of the 3 preceding fiscal years, including information
regarding the number of each type of visa approved.
(3) The number of visa applications in each of the 3
preceding fiscal years that were subject to a Security
Advisory Opinion or similar specialized review.
(4) The length of time between the submission of a visa
application and the personal interview of the applicant in
each of the 3 preceding fiscal years, including information
regarding the type of visa applied for.
(5) The percentage of visa applicants who were refused a
visa in each of the 3 preceding fiscal years, including
information regarding the type of visa applied for.
(6) The number of consular officers processing visa
applications in each of the 3 preceding fiscal years.
(7) A description of each new program designed to improve
the processing of visa applications that was implemented in
each of the 3 preceding fiscal years.
(8) A description of construction or improvement of
facilities for processing visa applications in each of the 3
preceding fiscal years.
(9) A description of particular communications initiatives
undertaken to communicate the visa application process to
potential or actual visa applicants.
(10) An analysis of the facilities, personnel, information
systems, and other factors affecting the duration of time
between the submission of a visa application and the personal
interview of the applicant and the quality of the review of
the application, including specific recommendations as to any
additional facilities, personnel, information systems, or
other requirements that would allow the personal interview,
where appropriate, to occur not more than 30 days following
the submission of a visa application.
______

SA 419. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

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

SA 420. Mr. BIDEN 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 80, between lines 6 and 7, insert the following:

``SEC. 2006. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

``(a) In General.--There is established a Commercial
Equipment Direct Assistance Program to provide equipment,
technology and technical assistance to law enforcement
agencies and other emergency response providers of local
governments.
``(b) Application.--Law enforcement agencies or other
emergency response providers of a local government desiring
to be provided equipment, technology, or technical assistance
under this section shall submit an application at such time,
in such manner, and accompanied by such information as the
Administrator shall establish.
``(c) Training and Information.--The Administrator shall--
``(1) in consultation with law enforcement agencies and
other emergency response providers of local governments, and
other entities determined appropriate by the Administrator,
develop and maintain a comprehensive list of counterterrorism
technologies, equipment, and information; and
``(2) provide appropriate training to law enforcement
agencies and other emergency response providers of local
governments on the use of such technology, equipment, and
information.
``(d) In order to be eligible for assistance under this
section, applicants must certify that they have not been able
to obtain such assistance through other grant programs
administered by the Department, including The State Homeland
Security Grant Program and The Urban Area Security. . . .
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $75,000,000 for each of fiscal years 2008 and 2009;
and
``(2) such sums as are necessary for fiscal years 2010
through 2013.
______

SA 421. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 317 proposed by Mr. Kyl to the 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 amendment, insert the following:

SEC. __. JUSTICE FOR AMERICAN VICTIMS OF TERRORISM ACT.

(a) Short Title.--This section may be cited as the
``Justice for American Victims of Terrorism Act''.
(b) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605 the
following:

``Sec. 1605A. Terrorism exception to the jurisdictional
immunity of a foreign state

``(a) In General.--A foreign state shall not be immune from
the jurisdiction of courts of the United States or of the
States in any case not otherwise covered by this section in
which money damages are sought against a foreign state for
personal injury or death damage that was caused by an act of
torture, extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or resources (as
defined in section 2339A of title 18) for such an act if such
act or provision of material support is engaged in by an
official, employee, or agent of such foreign state while
acting within the scope of his or her office, employment, or
agency, except that the court shall decline to hear a claim
under this subsection--
``(1) if the foreign state was not designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405 (j)) or
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371) at the time the act occurred, unless later designated
as a result of such act; and
``(2) even if the foreign state is or was so designated,
if--
``(A) the act occurred in the foreign state against which
the claim has been brought and the claimant has not afforded
the foreign state a reasonable opportunity to arbitrate the
claim in accordance with accepted international rules of
arbitration; or
``(B) neither the claimant nor the victim was a national of
the United States (as that term is defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)), was a member of the Armed Forces of the United
States (as that term is defined in section 976 of title 10),
or was otherwise an employee of the government of the United
States or one of its contractors acting within the scope of
their when the act upon which the claim is based occurred.
``(b) Definition.--For purposes of this section--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 1350);
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) he term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation.
``(c) Time Limit.--An action may not be brought under this
section unless the action is commenced not later than the
latter of--
``(1) 10 years after the April 24, 1996; or
``(2) 10 years from the date on which the cause of action
arose.
``(d) Private Right of Action.--A private cause of action
may be brought against a foreign state designated under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. 2405(j)), and any official, employee, or agent of said
foreign state while acting within the scope of his or her
office, employment, or agency which shall be liable to a
national of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)), a member of the Armed Forces of the
United States (as that term is defined in section 976 of
title 10), or was otherwise an employee of the government of
the United States or one of its contractors acting within the
scope of their employment or the legal representative of such
a person for personal injury or death caused by acts of that
foreign state or its official, employee, or agent for which
the courts of the United States may maintain jurisdiction
under this section for money damages which may include
economic damages, solatium, pain, and suffering, and punitive
damages if the acts were among those described in this
section. A foreign state shall be vicariously liable for the
actions of its officials, employees, or agents.
``(e) Additional Damages.--After an action has been brought
under subsection (d), actions may also be brought for
reasonably foreseeable property loss and life insurance
policy loss claims.

[[Page S2944]]

``(f) Special Masters.--
``(1) In general.--The Courts of the United States may from
time to time appoint special masters to hear damages claims
brought under this section.
``(2) Transfer of funds.--The Attorney General shall
transfer, from funds available for the program under sections
1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to
the Administrator of the United States District Court in
which any case is pending which has been brought pursuant to
section 1605(a)(7) such funds as may be required to carry out
the Orders of that United States District Court appointing
Special Masters in any case under this section. Any amount
paid in compensation to any such Special Master shall
constitute an item of court costs.
``(g) Appeal.--An appeal in the courts of the United States
in an action brought under this section may be made--
``(1) only from a final decision under section 1291 of this
title, and then only if filed with the clerk of the district
court within 30 days after the entry of such final decision;
and
``(2) in the case of an appeal from an order denying the
immunity of a foreign state, a political subdivision thereof,
or an agency of instrumentality of a foreign state, only if
filed under section 1292 of this title.
``(h) Property Disposition.--In every action filed in a
United States district court in which jurisdiction is alleged
under this section, the filing of a notice of pending action
pursuant to such section, to which is attached a copy of the
complaint filed in the action, shall have the effect of
establishing a lien of lis pendens upon any real property or
tangible personal property located within that judicial
district that is titled in the name of any defendant, or
titled in the name of any entity controlled by any such
defendant if such notice contains a statement listing those
controlled entities. A notice of pending action pursuant to
this section shall be filed by the clerk of the district
court in the same manner as any pending action and shall be
indexed by listing as defendants all named defendants and all
entities listed as controlled by any defendant. Liens
established by reason of this subsection shall be enforceable
as provided in chapter 111 of this title.
``(i) Disclosure.--All evidence filed in any action brought
under this section, whether or not filed under seal, shall be
disclosed to the Attorney General of the United States or his
designee. The Attorney General shall promulgate such
regulations as may be reasonably required to carry out the
purposes of this subsection.''.
(2) Amendment to chapter analysis.--The chapter analysis
for chapter 97 of title 28, United States Code, is amended by
inserting after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a
foreign state.''.

(c) Conforming Amendments.--
(1) Property interests.--Section 1610 of title 28, United
States Code, is amended by adding at the end the following:
``(g) Property Interests in Certain Actions.--
``(1) In general.--A property interest of a foreign state,
or agency or instrumentality of a foreign state, against
which a judgment is entered under this section, including a
property interest that is a separate juridical entity, is
subject to execution upon that judgment as provided in this
section, regardless of--
``(A) the level of economic control over the property
interest by the government of the foreign state;
``(B) whether the profits of the property interest go to
that government;
``(C) the degree to which officials of that government
manage the property interest or otherwise control its daily
affairs;
``(D) whether that government is the real beneficiary of
the conduct of the property interest; or
``(E) whether establishing the property interest as a
separate entity would entitle the foreign state to benefits
in United States courts while avoiding its obligations.
``(2) United states sovereign immunity inapplicable.--Any
property interest of a foreign state, or agency or
instrumentality of a foreign state, to which paragraph (1)
applies shall not be immune from execution upon a judgment
entered under this section because the property interest is
regulated by the United States Government by reason of action
taken against that foreign state under the Trading With the
Enemy Act or the International Emergency Economic Powers
Act.''.
(2) Victims of crime act.--Section 1404C(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is
amended by striking ``December 21, 1988, with respect to
which an investigation or'' and inserting ``October 23, 1983,
with respect to which an investigation or civil or
criminal''.
(3) General exception.--Section 1605 of title 18, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by inserting ``or'' after the
semicolon;
(ii) in paragraph (6)(D), by striking ``; or'' and
inserting a period; and
(iii) by striking paragraph (7); and
(B) by striking subsections (e) and (f).
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to any claim for which a foreign state is not immune
under this section 1605 of title 28, United States Code,
arising before, on, or after the date of the enactment of
this Act.
(2) Prior actions.--Any judgment or action brought under
section 1605(a)(7) of title 28, United States Code, or
section 101(c) of Public Law 104-208 after the effective date
of such provisions relying on either of these provisions as
creating a cause of action, which has been adversely affected
on the grounds that either or both of these provisions fail
to create a cause of action opposable against the state, and
which is still before the courts in any form, including
appeal or motion under Federal Rule of Civil Procedure 60(b),
shall, on motion made to the Federal District Court where the
judgment or action was initially entered, be given effect as
the Congress intended. The defenses of res judicata,
collateral estoppel and limitation period are waived in any
re-filed action described in this paragraph and based on the
such claim. Any such motion or re-filing must be made not
later than 60 days after enactment of this section.
______

SA 422. Mr. SUNUNU 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 XV, add the following:

SEC. 15__. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY
THE UNITED STATES.

(a) In General.--Section 2241 of title 28, United States
Code, is amended by striking subsection (e) and inserting the
following:
``(e) Alien Enemy Combatants.--
``(1) Restoration of habeas corpus and limitation of
nonhabeas claims.--Except for an application for a writ of
habeas corpus to challenge the legality of executive
detention filed in United States District Court for the
District of Columbia or an appeal pursuant to paragraphs (2)
and (3) of section 1005(e) of the Detainee Treatment Act of
2005 (10 U.S.C. 801 note), and subject to paragraph (2) of
this subsection, no court, justice, or judge shall have
jurisdiction to hear or consider any other action against the
United States or its agents relating to any aspect of the
detention, transfer, treatment, trial, or conditions of
confinement of an alien who is or was detained by the United
States and has been determined by the United States to have
been properly detained as an enemy combatant or is awaiting
such determination.
``(2) Application.--
``(A) In general.--Notwithstanding any other provision of
law, no court, justice, or judge shall have jurisdiction to
hear or consider any action against the United States or its
agents filed by or on behalf of an alien enemy combatant
detained and held in custody outside the United States
regarding the legality of the detention of that alien enemy
combatant if the alien enemy combatant--
``(i) has been duly determined to be held and treated as an
enemy prisoner of war pursuant to Army Regulation 190-8;
``(ii) is being detained in a territory in which there is
an ongoing armed conflict; or
``(iii) except as provided in subparagraph (B), is facing a
pending charge for an offense triable by a military
commission or is under sentence of a military commission.
``(B) Exception.--Subparagraph (A)(iii) shall not limit
jurisdiction for--
``(i) an appeal under the provisions of chapter 47A of
title 10;
``(ii) an appeal under paragraph (2) or (3) of section
1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801
note); or
``(iii) an application for of a writ of habeas corpus to
challenge the legality of military commission procedures or
to challenge executive detention if the alien enemy
combatant--

``(I) is detained in excess of the term of imprisonment of
that alien enemy combatant;
``(II) is detained after being acquitted by the military
commission for all charges; or
``(III) after being charged with an offense, is detained
for 300 days or more without a military commission trial.

``(3) Second or successive applications for a writ of
habeas corpus.--
``(A) In general.--No court, justice, or judge shall have
jurisdiction to hear or consider a second or successive
application for a writ of habeas corpus under paragraph (1).
``(B) Construction.--Nothing in this subsection shall be
construed to deprive a court, justice, or judge or
jurisdiction to hear a single application for writ of habeas
corpus (but not a second or successive such application) that
is filed--
``(i) to reassert claims raised in an application that was
dismissed for lack of jurisdiction prior to the date of
enactment of the Improving America's Security Act of 2007; or
``(ii) under the exception described in paragraph (2)(B).
``(4) Definitions.--In this subsection--
``(A) the term `alien enemy combatant' means an individual
other than a United States citizen who has been duly
determined by the United States to be an unlawful

[[Page S2945]]

enemy combatant (as defined in 10 U.S.C. 948(a)(1));
``(B) the term `ongoing armed conflict' means that there is
ongoing armed violence between organized armed groups,
between a government and an organized armed group, or between
governments; and
``(C) the term `United States', when used in a geographic
sense, has the meaning given that term in section 1005(g) of
the Detainee Treatment Act of 2005.''.
(b) Conforming Amendment.--Section 950j of title 10, United
States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Limited Review of Military Commission Procedures and
Actions.--Except as otherwise provided in this chapter or in
section 2241 of title 28, and notwithstanding any other
provision of law, no court, justice, or judge shall have
jurisdiction to hear or consider any claim or cause of
action, including any action pending on or filed after the
date of the enactment of the Military Commissions Act of
2006, relating to the prosecution, trial, or judgment of a
military commission under this chapter, including challenges
to the lawfulness of procedures of military commissions under
this chapter.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act, and
shall apply to all cases, without exception, that are pending
on or after the date of enactment of this Act.
______

SA 423. Mr. INOUYE (for himself, Mr. Stevens, Mr. Dodd, and Mr.
Lieberman) 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 203, beginning with line 4, strike through line 5
on page 215 and insert the following:

SEC. 801. TRANSPORTATION SECURITY STRATEGIC PLANNING.

(a) In General.--Section 114(t)(1)(B) of title 49, United
States Code, is amended to read as follows:
``(B) transportation modal and intermodal security plans
addressing risks, threats, and vulnerabilities for aviation,
bridge, tunnel, commuter rail and ferry, highway, maritime,
pipeline, rail, mass transit, over-the-road bus, and other
public transportation infrastructure assets.''.
(b) Contents of the National Strategy for Transportation
Security.--Section 114(t)(3) of such title is amended--
(1) in subparagraph (B), by inserting ``, based on risk
assessments conducted by the Secretary of Homeland Security
(including assessments conducted under section 1321 or 1403
of the Improving America's Security Act of 2007 or any
provision of law amended by such title),'' after ``risk based
priorities'';
(2) in subparagraph (D)--
(A) by striking ``and local'' and inserting ``, local, and
tribal''; and
(B) by striking ``private sector cooperation and
participation'' and inserting ``cooperation and participation
by private sector entities and nonprofit employee labor
organizations'';
(3) in subparagraph (E)--
(A) by striking ``response'' and inserting ``prevention,
response,''; and
(B) by inserting ``and threatened and executed acts of
terrorism outside the United States to the extent such acts
affect United States transportation systems'' before the
period at the end;
(4) in subparagraph (F), by adding at the end the
following: ``Transportation security research and development
projects shall be based, to the extent practicable, on such
prioritization. Nothing in the preceding sentence shall be
construed to require the termination of any research or
development project initiated by the Secretary of Homeland
Security before the date of enactment of the Improving
America's Security Act of 2007.''; and
(5) by adding at the end the following:
``(G) Short- and long-term budget recommendations for
Federal transportation security programs, which reflect the
priorities of the National Strategy for Transportation
Security.
``(H) Methods for linking the individual transportation
modal security plans and the programs contained therein, and
a plan for addressing the security needs of intermodal
transportation hubs.
``(I) Transportation security modal and intermodal plans,
including operational recovery plans to expedite, to the
maximum extent practicable, the return to operation of an
adversely affected transportation system following a major
terrorist attack on that system or another catastrophe. These
plans shall be coordinated with the resumption of trade
protocols required under section 202 of the SAFE Port Act (6
U.S.C. 942).''.
(c) Periodic Progress Reports.--Section 114(t)(4) of such
title is amended--
(1) in subparagraph (C)--
(A) in clause (i), by inserting ``, including the
transportation modal security plans'' before the period at
the end; and
(B) by striking clause (ii) and inserting the following:
``(ii) Content.--Each progress report submitted under this
subparagraph shall include the following:

``(I) Recommendations for improving and implementing the
National Strategy for Transportation Security and the
transportation modal and intermodal security plans that the
Secretary of Homeland Security, in consultation with the
Secretary of Transportation, considers appropriate.
``(II) An accounting of all grants for transportation
security, including grants for research and development,
distributed by the Secretary of Homeland Security in the most
recently concluded fiscal year and a description of how such
grants accomplished the goals of the National Strategy for
Transportation Security.
``(III) An accounting of all--

``(aa) funds requested in the President's budget submitted
pursuant to section 1105 of title 31 for the most recently
concluded fiscal year for transportation security, by mode;
and
``(bb) personnel working on transportation security by
mode, including the number of contractors.
``(iii) Written explanation of transportation security
activities not delineated in the national strategy for
transportation security.--At the end of each year, the
Secretary of Homeland Security shall submit to the
appropriate congressional committees a written explanation of
any activity inconsistent with, or not clearly delineated in,
the National Strategy for Transportation Security, including
the amount of funds to be expended for the activity and the
number of personnel involved.''; and
(2) in subparagraph (E), by striking ``Select''.
(d) Priority Status.--Section 114(t)(5)(B) of such title is
amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv) the transportation sector specific plan required
under Homeland Security Presidential Directive-7; and''.
(e) Coordination and Plan Distribution.--Section 114(t) of
such title is amended by adding at the end the following:
``(6) Coordination.--In carrying out the responsibilities
under this section, the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
consult, as appropriate, with Federal, State, and local
agencies, tribal governments, private sector entities
(including nonprofit employee labor organizations),
institutions of higher learning, and other entities.
``(7) Plan distribution.--The Secretary of Homeland
Security shall make available an unclassified version of the
National Strategy for Transportation Security, including its
component transportation modal security plans, to Federal,
State, regional, local and tribal authorities, transportation
system owners or operators, private sector stakeholders
(including non-profit employee labor organizations),
institutions of higher learning, and other appropriate
entities.''.

SEC. 802. TRANSPORTATION SECURITY INFORMATION SHARING.

(a) In General.--Section 114 of title 49, United States
Code, is amended by adding at the end the following:
``(u) Transportation Security Information Sharing Plan.--
``(1) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of the
information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the Secretary of Transportation, and
public and private stakeholders, shall establish a
Transportation Security Information Sharing Plan. In
establishing the plan, the Secretary shall gather input on
the development of the Plan from private and public
stakeholders and the program manager of the information
sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485).
``(2) Purpose of plan.--The Plan shall promote sharing of
transportation security information between the Department of
Homeland Security and public and private stakeholders.
``(3) Content of plan.--The Plan shall include--
``(A) a description of how intelligence analysts within the
Department of Homeland Security will coordinate their
activities within the Department and with other Federal,
State, and local agencies, and tribal governments, including
coordination with existing modal information sharing centers
and the center established under section 1406 of the
Improving America's Security Act of 2007;
``(B) the establishment of a point of contact, which may be
a single point of contact, for each mode of transportation
within the Department of Homeland Security for its sharing of
transportation security information with public and private
stakeholders, including an explanation and justification to
the appropriate congressional committees if the point of
contact established pursuant to this subparagraph differs
from the agency within the Department that has the primary
authority, or has been delegated such authority by the
Secretary, to regulate the security of that transportation
mode;

[[Page S2946]]

``(C) a reasonable deadline by which the Plan will be
implemented; and
``(D) a description of resource needs for fulfilling the
Plan.
``(4) Coordination with the information sharing
environment.--The Plan shall be--
``(A) implemented in coordination with the program manager
for the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485); and
``(B) consistent with the establishment of that
environment, and any policies, guidelines, procedures,
instructions, or standards established by the President or
the program manager for the implementation and management of
that environment.
``(5) Reports to congress.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall submit
to the appropriate congressional committees a report
containing the Plan.
``(B) Annual report.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall submit
to the appropriate congressional committees an annual report
on updates to and the implementation of the Plan.
``(6) Survey.--
``(A) In general.--The Secretary shall conduct a biennial
survey of the satisfaction of the recipients of
transportation intelligence reports disseminated under the
Plan, and include the results of the survey as part of the
annual report to be submitted under paragraph (5)(B).
``(B) Information sought.--The survey conducted under
subparagraph (A) shall seek information about the quality,
speed, regularity, and classification of the transportation
security information products disseminated from the
Department of Homeland Security to public and private
stakeholders.
``(7) Security clearances.--The Secretary shall, to the
greatest extent practicable, take steps to expedite the
security clearances needed for public and private
stakeholders to receive and obtain access to classified
information distributed under this section as appropriate.
``(8) Classification of material.--The Secretary, to the
greatest extent practicable, shall provide public and private
stakeholders with specific and actionable information in an
unclassified format.
``(9) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
that term in subsection (t), but shall also include the
Senate Committee on Banking, Housing, and Urban Development.
``(B) Plan.--The term `Plan' means the Transportation
Security Information Sharing Plan established under paragraph
(1).
``(C) Public and private stakeholders.--The term `public
and private stakeholders' means Federal, State, and local
agencies, tribal governments, and appropriate private
entities, including nonprofit employee labor organizations.
``(D) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(E) Transportation security information.--The term
`transportation security information' means information
relating to the risks to transportation modes, including
aviation, bridge and tunnel, mass transit, passenger and
freight rail, ferry, highway, maritime, pipeline, and over-
the-road bus transportation.''.
(b) Congressional Oversight of Security Assurance for
Public and Private Stakeholders.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide a semiannual report to the Committee
on Homeland Security and Governmental Affairs, the Committee
on Commerce, Science, and Transportation, and the Committee
on Banking, Housing, and Urban Development of the Senate and
the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(A) identifies the job titles and descriptions of the
persons with whom such information is to be shared under the
transportation security information sharing plan established
under section 114(u) of title 49, United States Code, as
added by this Act, and explains the reason for sharing the
information with such persons;
(B) describes the measures the Secretary has taken, under
section 114(u)(7) of that title, or otherwise, to ensure
proper treatment and security for any classified information
to be shared with the public and private stakeholders under
the plan; and
(C) explains the reason for the denial of transportation
security information to any stakeholder who had previously
received such information.
(2) No report required if no changes in stakeholders.--The
Secretary is not required to provide a semiannual report
under paragraph (1) if no stakeholders have been added to or
removed from the group of persons with whom transportation
security information is shared under the plan since the end
of the period covered by the last preceding semiannual
report.
______

SA 424. Mr. INOUYE (for himself, Mr. Stevens, Mr. Lieberman, and Ms.
Collins) 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 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. Law enforcement biometric credential.
Sec. 1378. Employee retention internship program.

On page 5, after the item relating to section 1384, insert
the following:

Sec. 1385. Requiring reports to be submitted to certain committees.

On page 254, line 11, strike ``Administration,'' and insert
``Administration and other agencies within the Department,''.
On page 254, line 12, insert ``Federal'' after
``appropriate''.
On page 267, line 11, strike ``through the'' and insert
``in consultation with''.
On page 267, line 19, strike ``and, through the Secretary
of Transportation, to Amtrak,'' and insert ``and to Amtrak''
On page 269, strike lines 20 through 23 and insert the
following:
(d) Conditions.--Grants awarded by the Secretary to Amtrak
under subsection (a) shall be disbursed to Amtrak through the
Secretary of Transportation. The Secretary of Transportation
may not disburse such funds unless Amtrak meets the
conditions set forth in section 1322(b) of this title.
On page 269, line 19, after the period insert ``Not later
than 240 days after the date of enactment of this Act, the
Secretary shall provide a report to the Committees on
Commerce, Science and Transportation and Homeland Security
and Governmental Affairs in the Senate and the Committee on
Homeland Security in the House on the feasibility and
appropriateness of requiring a non-federal match for the
grants authorized in subsection (a).''.
On page 281, beginning in line 24, strike ``terrorists.''
and insert ``terrorists, including observation and
analysis.''.
On page 286, line 7, strike the closing quotation marks and
the second period.
On page 286, between lines 7 and 8, insert the following:
``(f) Process for Reporting Problems.--
``(1) Establishment of reporting process.--The Secretary
shall establish, and provide information to the public
regarding, a process by which any person may submit a report
to the Secretary regarding railroad security problems,
deficiencies, or vulnerabilities.
``(2) Confidentiality.--The Secretary shall keep
confidential the identity of a person who submits a report
under paragraph (1) and any such report shall be treated as a
record containing protected information to the extent that it
does not consist of publicly available information.
``(3) Acknowledgment of receipt.--If a report submitted
under paragraph (1) identifies the person making the report,
the Secretary shall respond promptly to such person and
acknowledge receipt of the report.
``(4) Steps to address problems.--The Secretary shall
review and consider the information provided in any report
submitted under paragraph (1) and shall take appropriate
steps under this title to address any problems or
deficiencies identified.
``(5) Retaliation prohibited.--No employer may discharge
any employee or otherwise discriminate against any employee
with respect to the compensation to, or terms, conditions, or
privileges of the employment of, such employee because the
employee (or a person acting pursuant to a request of the
employee) made a report under paragraph (1).''.

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 338, strike lines 1 through 4 and insert the
following:
``(1) Establishment.--The Secretary shall establish an
Office of Appeals and Redress to implement, coordinate, and
execute the process established by the Secretary pursuant to
subsection (a). The Office shall include representatives from
the Transportation Security Administration, U.S. Customs and
Border Protection, and other agencies or offices as
appropriate.
On page 338, line 19, strike ``and''.
On page 339, line 3, strike ``positives.' ''. and insert
``positives; and''.
On page 339, between lines 3 and 4, insert the following:
``(C) require air carriers and foreign air carriers take
action to properly and automatically identify passengers
determined, under the process established under subsection
(a), to have been wrongly identified.''.
On page 339, line 21, strike ``utilizing appropriate
records in'' and insert ``as well as''.

[[Page S2947]]

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. 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. 1378. 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
perform only those security responsibilities determined to be
appropriate for their age and in accordance with applicable
law and shall be compensated for training and service time
while participating in the program.
On page 361, after line 22, insert the following:

SEC. 1385. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN
COMMITTEES.

(a) Senate Commerce, Science, and Transportation
Committee.--The Committee on Commerce, Science, and
Transportation of the Senate shall receive the reports
required by the following provisions of law in the same
manner and to the same extent that the reports are to be
received by the Committee on Homeland Security and
Governmental Affairs of the Senate:
(1) Section 1016(j)(1) of the Intelligence Reform and
Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
(2) Section 121(c) of this Act.
(3) Section 2002(e)(3) of the Homeland Security Act of
2002, as added by section 202 of this Act.
(4) Subsections (a) and (b)(2)(B)(ii) of section 2009 of
the Homeland Security Act of 2002, as added by section 202 of
this Act.
(5) Section 302(d) of this Act.
(6) Section 7215(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
(7) Section 7209(b)(1)(C) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
(8) Section 504(c) of this Act.
(9) Section 705 of this Act.
(10) Section 803(d) of this Act.
(11) Section 510(a)(7) of the Homeland Security Act of 2002
(6 U.S.C. 320(a)(7)).
(12) Section 510(b)(7) of the Homeland Security Act of 2002
(6 U.S.C. 320(b)(7)).
(13) Section 1002(b) of this Act.
(b) Senate Committee on Homeland Security and Governmental
Affairs.--The Committee on Homeland Security and Governmental
Affairs of the Senate shall receive the reports required by
the following provisions of law in the same manner and to the
same extent that the reports are to be received by the
Committee on Commerce, Science, and Transportation of the
Senate:
(1) Section 1321(c) of this Act.
(2) Section 1323(f)(3)(A) of this Act.
(3) Section 1328 of this Act.
(4) Section 1329(d) of this Act.
(5) Section 114(v)(4)(A)(i) of title 49, United States
Code.
(6) Section 1341(a)(7) of this Act.
(7) Section 1341(b)(2) of this Act.
(8) Section 1345 of this Act.
(9) Section 1346(f) of this Act.
(10) Section 1347(f)(1) of this Act.
(11) Section 1348(d)(1) of this Act.
(12) Section 1366(b)(3) of this Act.
(13) Section 1372(b) of this Act.
(14) Section 1375 of this Act.
(15) Section 3006(i) of the Digital Television Transition
and Public Safety Act of 2005 (47 U.S.C. 309 note).
(16) Section 1381(c) of this Act.

[[Page S2948]]

(17) Subsections (a) and (b) of section 1383 of this Act.
______

SA 425. Mr. INOUYE 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 324, after line 22, insert the following:

PART III--FISCAL YEAR 2007 AUTHORIZATION

SEC. 1355. FISCAL YEAR 2007 AUTHORIZATION

(a) In General.--There are authorized to be appropriated
for fiscal year 2007 such sums as may be necessary to carry
out this subtitle.
(b) Amendment of 49 U.S.C. 114(u).--Section 114(u) of title
49, United States Code, as added by section 1336 of this
subtitle, is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) such sums as may be necessary for fiscal year
2007;''.
______

SA 426. Mr. BOND (for himself, Mr. Rockefeller, Mr. Hatch, Mr. Burr,
Mr. Warner, and Mr. Chambliss) submitted an amendment intended to be
proposed by him to the bill S. 4, to make the United States more secure
by implementing unfinished recommendations of the 9/11 Commission to
fight the war on terror more effectively, to improve homeland security,
and for other purposes; which was ordered to lie on the table; as
follows:

The Committee on Homeland Security and Governmental Affairs
and the Select Committee on Intelligence of the Senate each,
or jointly, shall--
(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;
(2) review and consider any other suggestions, options, or
recommendations for improving intelligence oversight; and
(3) 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 427. Ms. LANDRIEU 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 361, after line 20, insert the following:

SEC. 1385. COORDINATION OF EVACUATION AND SHELTERING PLANS.

(a) Regional Evacuation Plans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, using the findings
contained in the report analyzing catastrophic hurricane
evacuation plans, which was submitted to Congress pursuant to
section 10204(d) of SAFETEA-LU (Public Law 109-59), in
cooperation with the Secretary of Transportation and the
Secretary of Defense, and in coordination with the plans
established pursuant to subsection (b), shall establish, in
coordination with state and local governments and submit to
Congress, regional evacuation plans that--
(A) are nationally coordinated;
(B) incorporate all modes of transportation, including
interstate rail, commercial rail, commercial air, military
air, and commercial bus; and
(C) clearly define the roles and responsibilities that each
Federal, State, or local government agency should undertake
to prepare for major evacuations.
(2) Provision of evacuation and sheltering services.--The
Director of the Federal Emergency Management Agency, in
coordination with States, units of local government,
nonprofit organization, and other private entities, shall be
prepared to provide regionally-coordinated evacuation and
sheltering services for individuals affected by large-scale
disasters.
(b) Regional Sheltering Plans.--Not later than 90 days
after the date of the enactment of this Act, the Secretary,
using the findings described in subsection (a), in
cooperation with the Secretary of Transportation and the
Secretary of Health and Human Services, and in coordination
with the plans established pursuant to subsection (a),
shall--
(1) establish, and submit to Congress, regional sheltering
plans that--
(A) are nationally coordinated; and
(B) identify regional and national shelters capable of
housing evacuees and victims of a catastrophic natural
disaster or terrorist attack in any part of the country; and
(2) develop a national sheltering database that can be
shared with States and units of local government during a
catastrophic event.
(c) Implementation.--Not later than 120 days after the
evacuation and sheltering plans are submitted under this
section, the Secretary, the Secretary of Transportation, the
Secretary of Defense, and the Secretary of Health and Human
Services, shall--
(1) finalize procedures to implement the plans established
pursuant to subsections (a) and (b); and
(2) report to Congress regarding whether additional
authorities or resources are needed to facilitate the
implementation of such plans.
(d) Cost-Benefit Analysis.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, shall conduct an analysis
comparing the costs and benefits of evacuating the people of
New Orleans during a natural disaster or terrorist attack
compared to the costs and benefits of sheltering such people
in the region.
(2) Considerations.--In conducting the analysis under
paragraph (1), the Secretaries shall consider--
(A) the 20,000 to 30,000 people in New Orleans with special
needs; and
(B) the absence of shelters in Orleans Parish.
(3) Technical assistance.--The Secretary and the Secretary
of Transportation shall provide technical assistance to State
and units of local government that are establishing
evacuation and sheltering plans, which identify and utilize
regional shelters, manpower, logistics, physical facilities,
and modes of transportation to be used to evacuate and
shelter large groups of people.
______

SA 428. Ms. LANDRIEU (for herself and Mr. Vitter) 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 XV, add the following:

SEC. ____. REPAYMENT OF LOANS.

(a) In General.--For any loan under section 417 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5184) to a local government made with covered
funds, the Administrator of the Federal Emergency Management
Agency shall repay all or part of that loan from covered
amounts to the extent that revenues of that local government
during the 3 full fiscal year period following Hurricane
Katrina of 2005 or Hurricane Rita of 2005, as the case may be
for that loan, are insufficient to meet the operating budget
of that local government, including additional disaster-
related expenses of a municipal operation character.
(b) Determination.--The determination of whether revenues
of a local government are insufficient to meet the operating
budget of that local government under subsection (a) shall be
made in accordance with the regulations issued under section
417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), as in effect on March 8,
2007.
(c) Definitions.--In this section--
(1) the term ``covered amounts'' means amounts made
available--
(A) under the heading ``Disaster Relief'' in the Emergency
Supplemental Appropriations Act to Meet Immediate Needs
Arising from the Consequences of Hurricane Katrina, 2005
(Public Law 109-61; 119 Stat. 1989);
(B) under the heading ``Disaster Relief'' in the Second
Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina,
2005 (Public Law 109-62; 119 Stat. 1991); or
(C) under the heading ``disaster relief'' under chapter 4
of title II of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 459); and
(2) the term ``covered funds'' means funds made available--
(A) under section 2(a) of the Community Disaster Loan Act
of 2005 (Public Law 109-88; 119 Stat. 2061); or
(B) under the heading ``disaster assistance direct loan
program account'' under chapter 4 of title II of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234; 120 Stat. 459).
______

SA 429. Mr. FEINGOLD (for himself and Mr. Sununu) 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

[[Page S2949]]

improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

On page 174, strike line 1 and all that follows through
page 177, line 20, and insert the following:
(1) Data mining.--The term ``data mining'' means a program
involving pattern-based queries, searches, or other analyses
of 1 or more electronic databases, where--
(A) a department or agency of the Federal Government, or a
non-Federal entity acting on behalf of the Federal
Government, is conducting the queries, searches, or other
analyses to discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal activity on the
part of any individual or individuals;
(B) the queries, searches, or other analyses are not
subject-based and do not use personal identifiers of a
specific individual, or inputs associated with a specific
individual or group of individuals, to retrieve information
from the database or databases; and
(C) the purpose of the queries, searches, or other analyses
is not solely--
(i) the detection of fraud, waste, or abuse in a Government
agency or program; or
(ii) the security of a Government computer system.
(2) Database.--The term ``database'' does not include
telephone directories, news reporting, information publicly
available to any member of the public without payment of a
fee, or databases of judicial and administrative opinions or
other legal research sources.
(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 produced in coordination with the privacy officer of
that department or agency, if applicable, and shall be made
available to the public, except for an annex described in
paragraph (3).
(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 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.
(C) A thorough description of the data sources that are
being or will be used.
(D) An assessment of the efficacy or likely efficacy of the
data mining activity in providing accurate information
consistent with and valuable to the stated goals and plans
for the use or development of the data mining activity.
(E) An assessment of the impact or likely impact of the
implementation of the data mining activity on the privacy and
civil liberties of individuals, including a thorough
description of the actions that are being taken or will be
taken with regard to the property, privacy, or other rights
or privileges of any individual or individuals as a result of
the implementation of the data mining activity.
(F) A list and analysis of the laws and regulations that
govern the information being or to be collected, reviewed,
gathered, analyzed, or used in conjunction with the data
mining activity, to the extent applicable in the context of
the data mining activity.
(G) A thorough discussion of the policies, procedures, and
guidelines that are in place or that are to be developed and
applied in the use of such data mining activity in order to--
(i) protect the privacy and due process rights of
individuals, such as redress procedures; and
(ii) ensure that only accurate and complete information is
collected, reviewed, gathered, analyzed, or used, and guard
against any harmful consequences of potential inaccuracies.
(3) Annex.--
(A) In general.--A report under paragraph (1) shall include
in an annex any necessary--
(i) classified information;
(ii) law enforcement sensitive information;
(iii) proprietary business information; or
(iv) trade secrets (as that term is defined in section 1839
of title 18, United States Code).
(B) Availability.--Any annex described in subparagraph
(A)--
(i) shall be available, as appropriate, and consistent with
the National Security Act of 1947 (50 U.S.C. 401 et seq.), to
the Committee on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, the Select Committee on
Intelligence, the Committee on Appropriations, and the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Homeland Security, the Committee
on the Judiciary, the Permanent Select Committee on
Intelligence, the Committee on Appropriations, and the
Committee on Financial Services of the House of
Representatives; and
(ii) shall not be made available to the public.
(4) Time for report.--Each report required under paragraph
(1) shall be--
(A) submitted not later than 180 days after the date of
enactment of this Act; and
(B) updated not less frequently than annually thereafter,
to include any activity to use or develop data mining engaged
in after the date of the prior report submitted under
paragraph (1).
______

SA 430. Mr. LIEBERMAN 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 XV, add the following:

SEC. 15__. NONPROFIT COORDINATOR.

Section 103 of the Homeland Security Act of 2002 (6 U.S.C.
113) is amended by adding at the end the following:
``(g) Nonprofit Coordinator.--
``(1) In general.--The Secretary shall designate an
employee of the Department to serve as a point of contact for
nonprofit organizations.
``(2) Responsibilities.--The employee designated under
paragraph (1) shall--
``(A) promote and encourage the integration of nonprofit
organizations into the mission of the Department;
``(B) serve as--
``(i) a guide and resource for nonprofit organizations; and
``(ii) a facilitator between nonprofit organizations and
the Department; and
``(C) advance, and disseminate to nonprofit organizations,
programs, initiatives, resources, strategies, and
opportunities to improve security for, and the preparedness
of, nonprofit organizations.''.
______

SA 431. Mr. LIEBERMAN (for himself and Ms. Collins) 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 194, lines 18 and 19, strike ``and each private
sector advisory council created under section 102(f)(4)'' and
insert ``each private sector advisory council created under
section 102(f)(4), and appropriate private sector advisory
groups such as sector coordinating councils and information
sharing and analysis centers''.
On page 195, line 12, strike ``the American National
Standards Institute and'' and insert ``representatives of
organizations that coordinate or facilitate the development
of and use of voluntary consensus standards''.
On page 195, lines 14 through 16, strike ``and each private
sector advisory council created under section 102(f)(4)'' and
insert ``, each private sector advisory council created under
section 102(f)(4), and appropriate private sector advisory
groups such as sector coordinating councils and information
sharing and analysis centers''.
On page 196, line 21, strike ``and'' after the semicolon.
On page 196, strike lines 17-23 and insert the following:
``(C) consider the unique nature of various sectors within
the private sector, including preparedness, business
continuity standards, or best practices, established--
``(i) under any other provision of Federal law; or
``(ii) by any sector-specific agency, as defined under
Homeland Security Presidential Directive-7; and
``(D) coordinate the program, as appropriate, with--
``(i) other Department private sector related programs; and
``(ii) preparedness and business continuity programs in
other Federal agencies.
On page 201, between lines 9 and 10, insert the following:
``(e) Compliance by Entities Seeking Certification.--Any
entity seeking certification under this section shall comply
with all applicable statutes, regulations, directives,
policies, and industry codes of practice in meeting
certification requirements.
On page 201, line 10, strike ``(e)'' and insert ``(f)''.
On page 201, line 13, strike ``(f)'' and insert ``(g)''.
On page 201, line 18, strike ``(g)'' and insert ``(h)''.
On page 202, strike lines 20 through 24, and insert the
following:

SEC. 706. RULE OF CONSTRUCTION.

Nothing in this title may be construed to supercede any
preparedness or business continuity standards, requirements,
or best practices established--
(1) under any other provision of Federal law; or
(2) by any sector-specific agency, as defined under
Homeland Security Presidential Directive-7.
______

SA 432. Mr. STEVENS submitted an amendment intended to be proposed to

[[Page S2950]]

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 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.
______

SA 433. Mr. STEVENS submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of section 1375 insert the following:
(  ) Use of biometric technology for armed law enforcement
travel.--
(  ) 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--
(  ) consult with the Attorney General concerning
implementation of this paragraph;
(  ) issue any necessary rulemaking to implement this
paragraph; and
(  ) establishing a national registered armed law
enforcement program for law enforcement officers needing to
be armed when traveling by air.
(  ) Program requirements.--The program shall--
(  ) establish a credential or a system that incorporates
biometric technology and other applicable technologies;
(  ) 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;
(  ) be coordinated with other uniform credentialing
initiatives including the Homeland Security Presidential
Directive 12;
(  ) be applicable for all Federal, State, local, tribal
and territorial government law enforcement agencies; and
(  ) 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.
(  ) Procedures.--In establishing the program, the
Secretary shall develop procedures--
(  ) 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;
(  ) to preserve the anonymity of the armed law enforcement
officer without calling undue attention to the individual's
identity;
(  ) to resolve failures to enroll, false matches, and
false non-matches relating to use of the law enforcement
travel credential or system; and
(  ) to invalidate any law enforcement travel credential or
system that is lost, stolen, or no longer authorized for use.
(  ) Funding.--There are authorized to be appropriated to
the Secretary such sums as may be necessary to carry out this
paragraph.''.
(  ) 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.
______

SA 434. Mr. PRYOR (for himself and Mrs. Lincoln) 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 XV, add the following:

SEC. ____. TEMPORARY HOUSING ASSISTANCE FOR VICTIMS OF
NATURAL DISASTERS.

Notwithstanding any provision of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act or any other
provision of law, the Secretary may distribute any assets of
the Department for the purposes of providing temporary
housing to victims of natural disasters.
______

SA 435. Mr. PRYOR 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 80, between lines 6 and 7, insert the following:

``SEC. 2006. NONPROFIT SECURITY INITIATIVE.

``(a) Definition.--In this section, the term `eligible
nonprofit organization' means an organization--
``(1) described under section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such code; and
``(2) determined by the Secretary to be at-risk of
terrorist attack.
``(b) Establishment.--There is established a Nonprofit
Security Initiative, to make grants to eligible nonprofit
organizations.
``(c) Application; Administration.--An eligible nonprofit
organization desiring a grant under this section shall submit
an application to the Secretary that includes--
``(1) a certification that no State or local government is
making funds distributed under this title available to that
eligible nonprofit organization for allowable physical
security enhancements; and
``(2) such other information as the Secretary may require.
``(d) Allowable Uses.--A grant under this section shall be
used to enhance security by purchasing and installing
equipment and enhancements approved by the Department, and
providing related training.
``(e) Distribution of Awards.--
``(1) In general.--In allocating grants under this section,
the Secretary shall consider the relative threat,
vulnerability, and consequences faced by the eligible
nonprofit organization from a terrorist attack, including
consideration of--

[[Page S2951]]

``(A) threats from any organization designated as an
international terrorist organization by the Department of
State or of unaffiliated radical extremists (within or
outside the United States) against any group of United States
citizens who operate or are the principal beneficiaries or
users of that eligible nonprofit organization;
``(B) any prior attack by such an organization (within or
outside the United States) against that eligible nonprofit
organization or entities associated with or similarly
situated as that eligible nonprofit organization;
``(C) the symbolic value or historic nature of that
eligible nonprofit organization as a possible target of such
an organization;
``(D) the role of that eligible nonprofit organization in
emergency response and preparedness;
``(E) threat or vulnerability assessments relating to that
eligible nonprofit organization;
``(F) increased threat to specific sectors or areas; and
``(G) any other relevant homeland security information the
Secretary may consider as appropriate.
``(2) Information.--In allocating grants under this
section, the Secretary may seek information and assistance
from officials of State, regional, or local government.
``(f) Nonexclusivity.--An eligible nonprofit organization
shall not be ineligible to participate in other allowable
program activities (including planning, training, exercise,
or equipment) under the Homeland Security Grant Program
because that eligible nonprofit organization receives a grant
under this section.
``(g) Funding.--Notwithstanding section 2011, for each
fiscal year, the Secretary shall use not less than
$25,000,000 of the total funds appropriated for the Homeland
Security Grant Program for grants under this section.
``(h) Report to Congress.--Not later than the end of the
first full fiscal year after the date of enactment of the
Improving America's Security Act of 2007, and each fiscal
year thereafter, the Secretary shall submit to the Committee
on Homeland Security and Government Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report describing--
``(1) the performance of grantees under this section; and
``(2) the efforts of the Secretary to improve the
integration of nonprofit organizations into allowable program
activities under the Homeland Security Grant Program and the
efficacy of those efforts, particularly physical security
enhancement activities under the Homeland Security Grant
Program.
______

SA 436. Mr. PRYOR (for himself and Mrs. Lincoln) 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 XV, add the following:

SEC. ____. DISASTER ASSISTANCE FOR DAMAGES FROM TORNADOS
WHICH OCCURRED IN DESHA COUNTY, ARKANSAS.

For purposes of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, the tornados which occurred in
Desha County, Arkansas during the period of February 23, 2005
through March 2, 2005, shall be a major disaster as defined
under section 102(2) of that Act.
______

SA 437. Mr. DODD 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 196, beginning on line 21, strike ``and'' and all
that follows through page 202, line 24, and insert the
following:
``(B) ensure the program accommodates those needs where
appropriate and feasible to assist such entities in providing
discounts or other benefits, as deemed appropriate by those
entities;
``(C) consider the unique nature of various sectors within
the private sector, including preparedness, business
continuity standards, or best practices, established under
any provision of federal law or those established by a
sector-specific agency, as defined in and in accordance with
Homeland Security Presidential Directive-7 (or any successor
thereto); and
``(D) coordinate the program with other private sector
related programs of the Department, as well as preparedness
and business programs in other Federal agencies, as
appropriate.
``(c) Accreditation and Certification Processes.--
``(1) Agreement.--
``(A) In general.--Not later than 120 days after the date
of enactment of this section, the Secretary shall enter into
1 or more agreements with the American National Standards
Institute or other similarly qualified nongovernmental or
other private sector entities to carry out accreditations and
oversee the certification process under this section.
``(B) Contents.--Any selected entity shall manage the
accreditation process and oversee the certification process
in accordance with the program established under this section
and accredit qualified third parties to carry out the
certification program established under this section.
``(2) Procedures and requirements for accreditation and
certification.--
``(A) In general.--The selected entities shall collaborate
to develop procedures and requirements for the accreditation
and certification processes under this section, in accordance
with the program established under this section and
guidelines developed under subsection (b)(1)(B).
``(B) Contents and use.--The procedures and requirements
developed under subparagraph (A) shall--
``(i) ensure reasonable uniformity in the accreditation and
certification processes if there is more than 1 selected
entity; and
``(ii) be used by any selected entity in conducting
accreditations and overseeing the certification process under
this section.
``(C) Disagreement.--Any disagreement among selected
entities in developing procedures under subparagraph (A)
shall be resolved by the Secretary.
``(3) Designation.--A selected entity may accredit any
qualified third party to carry out the certification process
under this section.
``(4) Third parties.--To be accredited under paragraph (3),
a third party shall--
``(A) demonstrate that the third party has the ability to
certify private sector entities in accordance with the
procedures and requirements developed under paragraph (2);
``(B) agree to perform certifications in accordance with
such procedures and requirements;
``(C) agree not to have any beneficial interest in or any
direct or indirect control over--
``(i) a private sector entity for which that third party
conducts a certification under this section; or
``(ii) any organization that provides preparedness
consulting services to private sector entities;
``(D) agree not to have any other conflict of interest with
respect to any private sector entity for which that third
party conducts a certification under this section;
``(E) maintain liability insurance coverage at policy
limits in accordance with the requirements developed under
paragraph (2); and
``(F) enter into an agreement with the selected entity
accrediting that third party to protect any proprietary
information of a private sector entity obtained under this
section.
``(5) Monitoring.--
``(A) In general.--The Secretary and any selected entity
shall regularly monitor and inspect the operations of any
third party conducting certifications under this section to
ensure that third party is complying with the procedures and
requirements established under paragraph (2) and all other
applicable requirements.
``(B) Revocation.--If the Secretary or any selected entity
determines that a third party is not meeting the procedures
or requirements established under paragraph (2), the
appropriate selected entity shall--
``(i) revoke the accreditation of that third party to
conduct certifications under this section; and
``(ii) review any certification conducted by that third
party, as necessary and appropriate.
``(d) Annual Review.--
``(1) In general.--The Secretary, in consultation with
representatives of the organizations that coordinate or
facilitate the development of and use of voluntary consensus
standards, appropriate voluntary consensus standards
development organizations, and each private sector advisory
council created under section 102(f)(4), shall annually
review the voluntary accreditation and certification program
established under this section to ensure the effectiveness of
such program and make improvements and adjustments to the
program as necessary and appropriate.
``(2) Review of standards.--Each review under paragraph (1)
shall include an assessment of the voluntary national
preparedness standards used in the program under this
section.
``(e) Voluntary Participation.--Certification under this
section shall be voluntary for any private sector entity.
``(f) Public Listing.--The Secretary shall maintain and
make public a listing of any private sector entity certified
as being in compliance with the program established under
this section, if that private sector entity consents to such
listing.
``(g) Definition.--In this section, the term `selected
entity' means any entity entering an agreement with the
Secretary under subsection (c)(1)(A).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 521 the following:

``Sec. 522. Voluntary national preparedness standards compliance;
accreditation and certification program for the private
sector.''.

[[Page S2952]]

SEC. 704. SENSE OF CONGRESS REGARDING PROMOTING AN
INTERNATIONAL STANDARD FOR PRIVATE SECTOR
PREPAREDNESS.

It is the sense of Congress that the Secretary or any
entity designated under section 522(c)(1)(A) of the Homeland
Security Act of 2002, as added by this Act, should promote,
where appropriate, efforts to develop a consistent
international standard for private sector preparedness.

SEC. 705. REPORT TO CONGRESS.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report detailing--
(1) any action taken to implement this title or an
amendment made by this title; and
(2) the status, as of the date of that report, of the
implementation of this title and the amendments made by this
title.

SEC. 706. RULE OF CONSTRUCTION.

Nothing in this title may be construed to supercede any
preparedness or business continuity standards, requirements,
or best practices established under any other provision of
Federal law, or those established by any sector-specific
agency, as defined in and in accordance with Homeland
Security Presidential Directive-7 (or any successor thereto).
Any entity seeking certification under section 522 of the
Homeland Security Act of 2002, as added by this title, shall
comply with all applicable provisions of law, rule,
regulations, directives, and policies in establishing a
program to meet certification requirements.
______

SA 438. Mr. DODD (for himself and Mr. Voinovich) 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 191, strike line 19 and all that follows through
page 202, line 24.
______

SA 439. Mr. DODD 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 202, strike lines 20 through 24 and insert the
following:

SEC. 706. RULE OF CONSTRUCTION.

(a) In General.--Nothing in this title may be construed--
(1) to supersede any preparedness or business continuity
standards or requirements established under any other
provision of Federal law, or those established by any sector-
specific agency, as defined in and in accordance with
Homeland Security Presidential Directive-7 (or any successor
thereto); or
(2) to authorize the Secretary or any other entity to apply
any voluntary national preparedness standards compliance
procedures or accreditation and certification program
procedures or requirements under this title or an amendment
made by this title to any company, financial institution,
Federal credit union, State credit union, insurance company,
or other entity, the activities of which are subject to
regulation by any Federal banking agency, the National Credit
Union Administration, the Securities and Exchange Commission,
or the insurance commissioner (or the equivalent) of a State.
(b) Definitions.--In this section--
(1) the term ``Federal banking agency'' has the meaning
given that term in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813); and
(2) the terms ``Federal credit union'' and ``State credit
union'' have the meanings given those terms in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752).
______

SA 440. 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 lie 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 under title II, III, XIII, or XIV of the
Improving America's Security Act of 2007, or an amendment
made by any such title, specifically takes into account the
communication, 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 under title II, III, XIII, or XIV of the Improving
America's Security Act of 2007, or an amendment made by any
such title, 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
under title II, III, XIII, or XIV of the Improving America's
Security Act of 2007, or an amendment made by any such title,
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 441. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 357 proposed by Mr. Kyl to the 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 1, strike `` ``(1) DATA-MINING.--'' and all that
follows through ``(c) Reports on Data Mining Activities by
Federal Agencies.--'' on page 2, and insert the following:
(1) Data mining.--The term ``data mining'' means a program
involving pattern-based queries, searches, or other analyses
of 1 or more electronic databases, where--
(A) a department or agency of the Federal Government, or a
non-Federal entity acting on behalf of the Federal
Government, is conducting the queries, searches, or other
analyses to discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal activity on the
part of any individual or individuals;
(B) the queries, searches, or other analyses are not
subject-based and do not use personal identifiers of a
specific individual, or inputs associated with a specific
individual or group of individuals, to retrieve information
from the database or databases; and
(C) the purpose of the queries, searches, or other analyses
is not solely--
(i) the detection of fraud, waste, or abuse in a Government
agency or program; or
(ii) the security of a Government computer system.
(2) Database.--The term ``database'' does not include
telephone directories, news reporting, information publicly
available to any member of the public without payment of a
fee, or databases of judicial and administrative opinions or
other legal research sources.
(c) Reports on Data Mining Activities by Federal
Agencies.--
(1) In general.--Subsection (d) of this section shall have
no force or effect.
(2) Reports.--
(A) 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 produced in coordination with the privacy officer of
that department or agency, if applicable, and shall be made
available to the public, except for an annex described in
subparagraph (C).
(B) Content of report.--Each report submitted under
subparagraph (A) shall include, for each activity to use or
develop data mining, the following information:
(i) A thorough description of the data mining activity, its
goals, and, where appropriate, the target dates for the
deployment of the data mining activity.
(ii) A thorough description 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.
(iii) A thorough description of the data sources that are
being or will be used.

[[Page S2953]]

(iv) An assessment of the efficacy or likely efficacy of
the data mining activity in providing accurate information
consistent with and valuable to the stated goals and plans
for the use or development of the data mining activity.
(v) An assessment of the impact or likely impact of the
implementation of the data mining activity on the privacy and
civil liberties of individuals, including a thorough
description of the actions that are being taken or will be
taken with regard to the property, privacy, or other rights
or privileges of any individual or individuals as a result of
the implementation of the data mining activity.
(vi) A list and analysis of the laws and regulations that
govern the information being or to be collected, reviewed,
gathered, analyzed, or used in conjunction with the data
mining activity, to the extent applicable in the context of
the data mining activity.
(vii) A thorough discussion of the policies, procedures,
and guidelines that are in place or that are to be developed
and applied in the use of such data mining activity in order
to--

(I) protect the privacy and due process rights of
individuals, such as redress procedures; and
(II) ensure that only accurate and complete information is
collected, reviewed, gathered, analyzed, or used, and guard
against any harmful consequences of potential inaccuracies.

(C) Annex.--
(i) In general.--A report under subparagraph (A) shall
include in an annex any necessary--

(I) classified information;
(II) law enforcement sensitive information;
(III) proprietary business information; or
(IV) trade secrets (as that term is defined in section 1839
of title 18, United States Code).

(ii) Availability.--Any annex described in clause (i)--

(I) shall be available, as appropriate, and consistent with
the National Security Act of 1947 (50 U.S.C. 401 et seq.), to
the Committee on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, the Select Committee on
Intelligence, the Committee on Appropriations, and the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Homeland Security, the Committee
on the Judiciary, the Permanent Select Committee on
Intelligence, the Committee on Appropriations, and the
Committee on Financial Services of the House of
Representatives; and
(II) shall not be made available to the public.

(D) Time for report.--Each report required under
subparagraph (A) shall be--
(i) submitted not later than 180 days after the date of
enactment of this Act; and
(ii) updated not less frequently than annually thereafter,
to include any activity to use or develop data mining engaged
in after the date of the prior report submitted under
subparagraph (A).
(d) Reports on Data Mining Activities by Federal
Agencies.--

____________________