S.Amdt. 454

TEXT OF AMENDMENTS

SA 442. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 364 submitted Mrs. Hutchison and intended to be proposed
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 appropriate place, insert the following:

SEC. __ ENHANCEMENT OF DOMESTIC NURSING SUPPLY

(a) Enhancement of Domestic Nursing Supply.--
(1) Each employer who files a petition for one or more
aliens to enter the United States to perform labor as a nurse
for whom labor certification is required under INA
Sec. 212(a)(5)(A) shall pay to the Secretary of Homeland
Security a fee of $1,500 for each alien for whom a petition
is approved.
(2) There is established in the general fund of the
Treasury a separate account which shall be known as the
``Domestic Nursing Enhancement Account.'' Notwithstanding any
other section of this title, there shall be

[[Page S2978]]

deposited as offsetting receipts into the account all fees
collected under paragraph (1) above.
(3) Grants.--Part D of title VIII of the Public Health
Service Act (42 U.S.C. 296p) is amended by adding at the end
the following:

``SEC. 832. CAPITATION GRANTS.

``(a) In General.--For the purpose described in subsection
(b), the Secretary, acting through the Health Resources and
Services Administration, shall award a grant each fiscal year
in an amount determined in accordance with subsection (c) to
each eligible school of nursing that submits an application
in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this
section is that the eligible school of nursing involved will
expend the grant to increase the number of nursing faculty
and students at the school, including by hiring new faculty,
retaining current faculty, purchasing educational equipment
and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or
recruiting students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the
following:
``(A) $1,800 for each full-time or part-time student who is
enrolled at the school in a graduate program in nursing
that--
``(i) leads to a master's degree, a doctoral degree, or an
equivalent degree; and
``(ii) prepares individuals to serve as faculty through
additional course work in education and ensuring competency
in an advanced practice area.
``(B) $1,405 for each full-time or part-time student who--
``(i) is enrolled at the school in a program in nursing
leading to a bachelor of science degree, a bachelor of
nursing degree, a graduate degree in nursing if such program
does not meet the requirements of subparagraph (A), or an
equivalent degree; and
``(ii) has not more than 3 years of academic credits
remaining in the program.
``(C) $966 for each full-time or part-time student who is
enrolled at the school in a program in nursing leading to an
associate degree in nursing or an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a student
described in paragraph (l)(A) who is enrolled in a graduate
program in nursing leading to a master's degree or an
equivalent degree;
``(B) for more than 4 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a doctoral degree or an
equivalent degree;
``(C) for more than 3 fiscal years in the case of a student
described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a student
described in paragraph (1)(C).
``(d) Eligibility.--For purposes of this section, the term
`eligible school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 school years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students. who were
enrolled in the class at the beginning of junior year or, for
an associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not
less than 80 percent for each of the 3 school years preceding
submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under
this section to an eligible school of nursing only if the
school gives assurances satisfactory to the Secretary that,
for each school year for which the grant is awarded, the
school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding school year by
5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) does not apply to the first school
year for which a school receives a grant under this section.
``(C) With respect to any school year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school involved limit
the school from enrolling additional students; or
``(ii) the school has increased enrollment in the school
(as described in subparagraph (A)) for each of the 2
preceding school years.
``(4) Not later than 1 year after receipt of the grant, the
school will formulate and implement a plan to accomplish at
least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradis-
ciplinary education among schools of nursing with a view
toward shared use of technological resources, including
information technology.
``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
training for the use of the interdisciplinary team approach
to the delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) Increasing enrollment of new graduate baccalaureate
nursing students in graduate programs that educate nurse
faculty members.
``(H) Developing post-baccalaureate residency programs to
prepare nurses for practice in specialty areas where nursing
shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the National Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests
for information, to determine the extent to which the school
is complying with the requirements of this section.
``(f) Reports to Congress.--The Secretary shall evaluate
the results of grants under. this section and submit to the
Congress--
``( 1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than the end of fiscal year 2017, a final
report on such results.
``(g) Application.--To seek a grant under this section, a
school of nursing shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(h) Funding.--Amounts deposited into the Domestic Nursing
Enhancement Account established by the Improving America's
Security Act of 2007 shall remain available to the Secretary
until expended for the costs of carrying out this section.
``(i) Authorization of Appropriations.--
``(1) In general.--For any additional costs of carrying out
this section, there are authorized to be appropriated such
sums as may be necessary.
``(2) Administrative costs.--For the costs of administering
this section, including the costs of evaluating the results
of grants and submitting reports to the Congress, there are
authorized to be appropriated such sums as may be
necessary.''.

SEC. __. GLOBAL HEALTHCARE COOPERATION.

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

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

``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other healthcare
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(I) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines is--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank.
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the
International Bank for Reconstruction and Development and
having an income greater

[[Page S2979]]

than the historical ceiling for International Development
Association eligibility for the applicable fiscal year; or
``(C) qualifies to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this subsection.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 6 months after the date of the
enactment of this Act, and annually thereafter, a list of
candidate countries; and
``(2) an immediate amendment to such list at any time to
include any country that qualifies as a candidate country due
to special circumstances under subsection (b)(I)(C).''.
(b) Rulemaking.--
(1) Requipment.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by this section.
(2) Content.--The regulations required by paragraph (1)
shall--
(A) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by subsection
(a)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(B) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(C) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(c) Technical and Conforming Amendments.--The Immigration
and Nationality Act is amended as follows:
(1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding at the end ``except in the case of an
eligible alien, or the spouse or child of such alien,
authorized to be absent from the United States pursuant to
section 317A''.
(2) Section 211 (b) (8 U.S.C. 1181 (b)) is amended by
inserting, ``including an eligible alien authorized to reside
in a foreign country pursuant to section 317A and the spouse
or child of such eligible alien, if appropriate, after
101(a)(27)(A),''.
(3) Section 212(a)(7)(A)(i)(I) (8 U.S.C.
1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an
eligible alien authorized to reside in a foreign country
pursuant to section 317A and the spouse or child of such
eligible alien, if appropriate,'' after ``Act,''.
(4) Section 319(b)(I)(B) (8 U.S.C. 1430(b)(I)(B)) is
amended by inserting ``an eligible alien who is residing or
has resided in a foreign country pursuant to section 317A''
before ``and'' at the end.
(5) The table of contents is amended by inserting after the
item relating to section 317 the following:
``Sec. 317A. Temporary absence of aliens providing
healthcare in developing countries.''.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Bureau of Citizenship and
Immigration Services such sums as may be necessary to carry
out this section and the amendments made by this section.

SEC. __. ATTESTATION BY HEALTHCARE WORKERS.

(a) Requirement for Attestation.--Section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is
amended by adding at the end the following new subparagraph:
``(E) Healthcare workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other healthcare worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other healthcare worker
in consideration for a commitment to work as a physician or
other healthcare worker in the alien's country of origin or
the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--
``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.
(b) Effective Date and Application.--
(1) Effective date.--The amendment made by subsection (a)
shall become effective 180 days after the date of the
enactment of this Act.
(2) Application by the secretary.--The Secretary shall
begin to carry out the subparagraph (E) of section 212(a)(5)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)),
as added by subsection (a), not later than the effective date
described in paragraph (1), including the requirement for the
attestation and the granting of a waiver described in such
subparagraph, regardless of whether regulations to implement
such subparagraph have been promulgated.
______

SA 443. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 411 submitted by Mr. Lieberman (for himself and Mr.
McCain) and intended to be proposed 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 7 of the matter proposed, between lines 9 and 10,
insert the following:
(c) Exception.--A Democracy Fellow may not be assigned to
any congressional office until the Secretary of Defense
certifies to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives that the request of
the Commander of the United States Central Command for the
Department of State for personnel and foreign service
officers has been fulfilled.

SEC. 1612A. TRANSPARENCY OF UNITED STATES BROADCASTING TO
ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF
HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL
BROADCASTS.

(a) Transcripts.--The Broadcasting Board of Governors shall
transcribe into English all original broadcasting content.
(b) Public Transparency.--The Broadcasting Board of
Governors shall post all English transcripts from its
broadcasting content on a publicly available website within
30 days of the original broadcast.
(c) Definitions.--In this section, the term ``broadcasting
content'' includes programming produced or broadcast by
United States international broadcasters including the
following:
(1) Voice of America.
(2) Alhurra.
(3) Radio Sawa.
(4) Radio Farda.
(5) Radio Free Europe/Radio Liberty.
(6) Radio Free Asia.
(7) The Office of Cuba Broadcasting.
______

SA 444. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 398 submitted by Mr. Bingaman (for himself, Mr.
Domenici, and Ms. Cantwell) and intended to be proposed 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 8, strike lines 8 through 13 and insert the
following:

SEC. __. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS OF STATES.

(a) Authority.--Notwithstanding any other provision of law,
law enforcement personnel of a State, or a political
subdivision of a State, have the inherent authority of a
sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody (including the transportation
across State lines to detention centers) an alien for the
purpose of assisting in the enforcement of the immigration
laws of the United States in the normal course of carrying
out the law enforcement duties of such personnel. This State
authority has never been displaced or preempted by a Federal
law.

[[Page S2980]]

(b) Construction.--Nothing in this section shall be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.

SEC. __. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Except as provided in paragraph (3), not
later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall provide to the
head of the National Crime Information Center of the
Department of Justice the information that the Secretary has
or maintains related to any alien--
(A) against whom a final order of removal has been issued;
(B) who enters into a voluntary departure agreement, or is
granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(2) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c), subsection (b)(2) of such section 240B, or who has
violated a condition of a voluntary departure agreement under
such section 240B;
(C) whom a Federal immigration officer has confirmed to be
unlawfully present in the United States; or
(D) whose visa has been revoked.
(2) Removal of information.--The head of the National Crime
Information Center should promptly remove any information
provided by the Secretary under paragraph (1) related to an
alien who is granted lawful authority to enter or remain
legally in the United States.
(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National
Crime Information Center of the Department of Justice, shall
develop and implement a procedure by which an alien may
petition the Secretary or head of the National Crime
Information Center, as appropriate, to remove any erroneous
information provided by the Secretary under paragraph (1)
related to such alien. Under such procedures, failure by the
alien to receive notice of a violation of the immigration
laws shall not constitute cause for removing information
provided by the Secretary under paragraph (1) related to such
alien, unless such information is erroneous. Notwithstanding
the 180-day time period set forth in paragraph (1), the
Secretary shall not provide the information required under
paragraph (1) until the procedures required by this paragraph
are developed and implemented.
(b) Inclusion of Information in the National Crime
Information Center Database.--Section 534(a) of title 28,
United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
______

SA 445. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 295 proposed by Ms. Landrieu 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, line 2, strike ``FEDERAL SHARE'' and all that
follows through the end of the amendment and insert the
following:

EMERGENCY AND MAJOR DISASTER FRAUD PENALTIES.

(a) Fraud in Connection With Major Disaster or Emergency
Benefits.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1040. Fraud in connection with major disaster or
emergency benefits

``(a) Whoever, in a circumstance described in subsection
(b) of this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or
representation,

in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) or an emergency declaration under
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191), or in connection
with any procurement of property or services related to any
emergency or major disaster declaration as a prime contractor
with the United States or as a subcontractor or supplier on a
contract in which there is a prime contract with the United
States, shall be fined under this title, imprisoned not more
than 30 years, or both.
``(b) A circumstance described in this subsection is any
instance where--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service,
right, or privilege provided by the United States, a State or
local government, or other entity.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at
the end the following new item:

``1040. Fraud in connection with major disaster or emergency
benefits.''.

(b) Increased Criminal Penalties for Engaging in Wire,
Radio, and Television Fraud During and Relation to a
Presidentially Declared Major Disaster or Emergency.--Section
1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed,
or paid in connection with, a presidentially declared major
disaster or emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or'' after ``If the
violation''.
(c) Increased Criminal Penalties for Engaging in Mail Fraud
During and Relation to a Presidentially Declared Major
Disaster or Emergency.--Section 1341 of title 18, United
States Code, is amended by inserting: ``occurs in relation
to, or involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with, a presidentially declared major disaster or emergency
(as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)), or'' after ``If the violation''.
(d) Directive to Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this subsection, the United States Sentencing Commission
forthwith shall--
(A) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) or an emergency declaration under
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191); and
(B) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives an explanation of actions taken by the
Commission pursuant to subparagraph (A) and any additional
policy recommendations the Commission may have for combating
offenses described in that subparagraph.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall--
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1) and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(B) assure reasonable consistency with other relevant
directives and with other guidelines;
(C) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(D) make any necessary conforming changes to the sentencing
guidelines; and
(E) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(3) Emergency authority and deadline for commission
action.--The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon as
practicable, and in any event not later than the 30 days
after the date of enactment of this Act, in accordance with
the procedures set forth in section 21(a) of the Sentencing
Reform Act of 1987, as though the authority under that Act
had not expired.
______

SA 446. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 294 proposed by Mr. Coburn 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 appropriate place, insert the following:

[[Page S2981]]

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

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

SA 447. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 321 proposed by Ms. Landrieu 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 appropriate place, insert the following:

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

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

SA 448. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 337 submitted by Mr. Schumer (for himself and Mrs.
Clinton) 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 appropriate place, insert the following:

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

(a) Establishment.--The Secretary shall establish a Law
Enforcement Assistance Force to facilitate the contributions
of retired law enforcement officers and agents during major
disasters.
(b) Eligible Participants.--An individual may participate
in the Law Enforcement Assistance Force if that individual--
(1) has experience working as an officer or agent for a
public law enforcement agency and left that agency in good
standing;
(2) holds current certifications for firearms, first aid,
and such other skills determined necessary by the Secretary;
(3) submits to the Secretary an application, at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require, that authorizes the
Secretary to review the law enforcement service record of
that individual; and
(4) meets such other qualifications as the Secretary may
require.
(c) Liability; Supervision.--Each eligible participant
shall, upon acceptance of an assignment under this section--
(A) be detailed to a Federal, State, or local government
law enforcement agency; and
(B) work under the direct supervision of an officer or
agent of that agency.
(d) Mobilization.--
(1) In general.--In the event of a major disaster, the
Secretary, after consultation with appropriate Federal,
State, and local government law enforcement agencies, may
request eligible participants to volunteer to assist the
efforts of those agencies responding to such emergency and
assign each willing participant to a specific law enforcement
agency.
(2) Acceptance.--If the eligible participant accepts an
assignment under this subsection, that eligible participant
shall agree to remain in such assignment for a period equal
to not less than the shorter of--

[[Page S2982]]

(A) the period during which the law enforcement agency
needs the services of such participant;
(B) 30 days; or
(C) such other period of time agreed to between the
Secretary and the eligible participant.
(3) Refusal.--An eligible participant may refuse an
assignment under this subsection without any adverse
consequences.
(e) Expenses.--
(1) In general.--Each eligible participant shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while carrying out an assignment under subsection (d).
(2) Source of funds.--Expenses incurred under paragraph (1)
shall be paid from amounts appropriated to the Federal
Emergency Management Agency.
(f) Termination of Assistance.--The availability of
eligible participants of the Law Enforcement Assistance Force
shall continue for a period equal to the shorter of--
(1) the period of the major disaster; or
(2) 1 year.
(g) Definitions.--In this section--
(1) the term ``eligible participant'' means an individual
participating in the Law Enforcement Assistance Force;
(2) the term ``Law Enforcement Assistance Force'' means the
Law Enforcement Assistance Force established under subsection
(a); and
(3) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______

SA 449. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 383 proposed by Mr. Biden 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 appropriate place, insert the following:

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

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

SA 450. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 389 proposed by Mr. Bond (for himself, Mr. Rockefeller,
Mr. Warner, and Mr. Burr) 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 appropriate place, insert the following:

SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

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

[[Page S2983]]

sums as may be necessary to carry out this section.
______

SA 451. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 325 proposed by Mr. Coburn 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 2, strike line 8 and all that follows and insert
the following:
(b) Requirement for Compliance Certification and Report.--
(1) In general.--Except for grants under section 1809 of
the Homeland Security Act of 2002, as added by this Act, the
Secretary shall not award any grants or distribute any grant
funds on or after October 1, 2008, under any grant program
under this Act or an amendment made by this Act, until the
Secretary submits a report to the appropriate committees
that--
(A) contains a certification that the Department has, for
each program and activity of the Department (except for the
grant program under section 1809 of the Homeland Security Act
of 2002, as added by this Act), performed and completed a
risk assessment to determine programs and activities that are
at significant risk of making improper payments; and
(B) for each program and activity of the Department,
describes the actions to be taken to achieve compliance with
the Improper Payments Information Act of 2002 (31 U.S.C. 3321
note), including benchmarks and an estimated date of such
compliance.
(2) Estimates of improper payments.--The Secretary shall
not award any grants or distribute any grant funds on or
after October 1, 2010, under any grant program under this Act
or an amendment made by this Act, until the Secretary submits
a report to the appropriate committees that contains a
certification that the Department has, for each program and
activity of the Department, estimated the total number of
improper payments for each program and activity determined to
be at significant risk of making improper payments.
______

SA 452. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 361 submitted by Mr. Lieberman (for himself and Mr.
McCain) and intended to be proposed 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:

In lieu of the matter proposed to be inserted, insert the
following:

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.--
(1) In general.--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.
(2) Exception.--A Democracy Fellow may not be assigned to
any congressional office until the Secretary of Defense
certifies to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives that the request of
the Commander of the United States Central Command for the
Department of State for personnel and foreign service
officers has been fulfilled.
(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

[[Page S2984]]

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.

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.

SEC. 1645. TRANSPARENCY OF UNITED STATES BROADCASTING TO
ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF
HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL
BROADCASTS.

(a) Transcripts.--The Broadcasting Board of Governors shall
transcribe into English all original broadcasting content.
(b) Public Transparency.--The Broadcasting Board of
Governors shall post all English transcripts from its
broadcasting content on a publicly available website within
30 days of the original broadcast.
(c) Definitions.--In this section, the term ``broadcasting
content'' includes programming produced or broadcast by
United States international broadcasters including the
following:
(1) Voice of America.
(2) Alhurra.
(3) Radio Sawa.
(4) Radio Farda.
(5) Radio Free Europe/Radio Liberty.
(6) Radio Free Asia.
(7) The Office of Cuba Broadcasting.

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 453. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 411 submitted by Mr. Lieberman (for himself and Mr.
McCain) and intended to be proposed 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 7 of the matter proposed, between lines 9 and 10,
insert the following:
(c) Exception.--A Democracy Fellow may not be assigned to
any congressional office until the Secretary of Defense
certifies to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives that the request of
the Commander of the United States Central Command for the
Department of State for personnel and foreign service
officers has been fulfilled.

SEC. 1612A. TRANSPARENCY OF UNITED STATES BROADCASTING TO
ASSIST IN OVERSIGHT AND ENSURE PROMOTION OF
HUMAN RIGHTS AND DEMOCRACY IN INTERNATIONAL
BROADCASTS.

(a) Transcripts.--The Broadcasting Board of Governors shall
transcribe into English all original broadcasting content.
(b) Public Transparency.--The Broadcasting Board of
Governors shall post all English transcripts from its
broadcasting content on a publicly available website within
30 days of the original broadcast.
(c) Definitions.--In this section, the term ``broadcasting
content'' includes programming produced or broadcast by
United States international broadcasters including the
following:
(1) Voice of America.
(2) Alhurra.
(3) Radio Sawa.
(4) Radio Farda.
(5) Radio Free Europe/Radio Liberty.
(6) Radio Free Asia.
(7) The Office of Cuba Broadcasting.

______

SA 454. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 325 proposed by Mr. Coburn 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

[[Page S2985]]

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, line 5, strike all through page 3, line 4, and
insert the following:
(a) Definition.--In this section, the term ``appropriate
committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Oversight and Government Reform of the
House of Representatives.
(b) Report by Secretary.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall submit a
report to the appropriate committees that--
(1) details the actions the Department is taking to comply
with the Improper Payments Information Act of 2002 (31 U.S.C.
3321 note); and
(2) includes--
(A) goals and timelines for compliance with the
requirements of that Act; and
(B) recommendations for improving compliance with that Act.
(c) Report by OMB.--Not later than 6 months after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to the
appropriate committees that includes--
(1) a discussion of the problems agencies have had in
complying with the Improper Payments Information Act of 2002
(31 U.S.C. 3321 note) with respect to programs involving non-
Federal funds recipients, including grant programs;
(2) a description of the actions the Office of Management
and Budget has taken to assist agencies in coming into
compliance with that Act with respect to the programs
involving non-Federal funds recipients; and
(3) recommendations for improving the compliance of
agencies with that Act.
______

SA 455. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. COMPENSATION FOR UNITED STATES CITIZENS TAKEN
HOSTAGE BY TERRORISTS OR STATE SPONSORS OF
TERRORISM.

(a) In General.--In accordance with such procedures as the
President may by regulation establish, the President or his
designee shall receive the claims of, and pay compensation
to, any national of the United States, or to the estate of
any such national, who--
(1) as of the date of enactment of this Act has a claim
pending in a court of the United States against a foreign
state seeking compensation for injuries caused by an act of
hostage-taking or has obtained a judgment on such a claim
that has not been fully satisfied;
(2) at any time on or after August 2, 1990, and while not
serving on active duty in the Armed Forces of the United
States, was taken hostage by a terrorist party; or
(3) was a representative plaintiff or class member in Case
Number 1:00CV03110(EGS) in the United States District Court
for the District of Columbia or a plaintiff in Case Number
1:00CV00716 (HHK) in the United States District Court for the
District of Columbia.
(b) Limit on Amount of Award.--The amount that may be
awarded to any person seeking compensation under this section
shall not exceed $500,000, adjusted to reflect the annual
percentage change in the Consumer Price Index, from the date
on which the hostage-taking occurred to the date on which
compensation is paid.
(c) Type of Award.--Subject to the limit in subsection (b),
any person seeking compensation for hostage-taking under this
section shall be awarded the following amounts with respect
to which the United States shall enjoy full subrogation
rights in the event such person obtains any recovery in
litigation or otherwise as a result of such hostage-taking:
(1) In the case of any person who has been issued a final
judgment for compensatory damages, the unsatisfied amount of
such judgment.
(2) In the case of any person who survived his captivity
and who has not been issued a final judgment for compensatory
damages, $10,000 per day for each day that such person was
held or, if he died or was tortured during the course of his
captivity, the maximum amount in subsection (b).
(d) Prohibition on Civil Actions Against Foreign States.--A
person who has accepted compensation under subsection (c)(2)
may not commence or maintain in a court of the United States
a civil action seeking compensation for such injuries or
damages associated with such hostage taking against a foreign
state or its agencies or instrumentalities.
(e) Definitions.--In this section:
(1) Hostage taking.--The term ``hostage taking'' has the
meaning given that term in Article 1 of the International
Convention Against the Taking of the Hostages and includes
any act that caused a person to be in ``hostage status''
within the meaning of section 599C(d)(1) of Public Law 101-
513.
(2) Terrorist party.--The term ``terrorist party'' has the
meaning given that term in the Terrorism Risk Insurance Act
(section 201(d)(4) of Public Law 107-297) and includes any
person, organization, or foreign state that was designated as
such either at the time or as a result of the act of hostage-
taking for which compensation is sought.
(f) Funding.--Funds sufficient to pay persons to whom
compensation is due under this section shall be made
available from the Hostage Victims Fund, into which the
President shall direct deposits, in proportions the President
so allocates in the discretion of the President, from--
(1) the ``blocked assets'' of terrorist parties, as that
term is defined in the Terrorism Risk Insurance Act (section
201(d)(2) of Public Law 107-297);
(2) amounts received by the United States by reason of any
legal action taken by the United States against any person
relating to improper conduct in connection with the Oil for
Food Program of the United Nations, including any fines,
forfeitures, or disgorgements of amounts received through any
activity related to said Program; or
(3) amounts received as a result of any fine or forfeiture
obtained from any person or entity in connection with a
violation of--
(A) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.);
(B) section 5(b) of the Trading With the Enemy Act (50
U.S.C. App 5(b));
(C) the United and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56; 115
Stat. 272);
(D) the Bank Secrecy Act (codified at title 12 U.S.C. 1829
(b) and 1951-1959 and 31 U.S.C. 5311-5313 and 5316-5332);
(E) the Export Administration Act (50 U.S.C. App. 2401-
2410); or
(F) any regulations promulgated under an Act listed in
subparagraphs (A) through (E).
(g) Additional Compensation for Victims of Iranian Hostage
Taking in Tehran.--In addition to any amounts that may be
awarded under subsection (c), the President or his designee
shall from monies deposited for Iran in the Iran Foreign
Military Sales Fund account within the Foreign Military Sales
Fund (including any amounts accrued as interest thereon)--
(1) pay any person who qualifies for payment under
subsection (a)(3) who was taken hostage by the Islamic
Republic of Iran on November 4, 1979 or who was taken hostage
by Hezbollah on December 4, 1984 and flown to Tehran
additional compensation of $500,000, adjusted to reflect the
annual percentage change in the Consumer Price Index, from
the date on which the hostage taking occurred to the date on
which the compensation is paid; and
(2) pay any person who was, at the time of such hostage-
taking, the spouse or child of such person, 50 percent of the
total amount of compensation paid to the hostage.
______

SA 456. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert ``The Secretary shall
include levees in the Department's list of critical
infrastructure sectors''.
______

SA 457. Mr. LIEBERMAN (for himself and Ms. Collins) 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:

On page 54, strike line 5 and all that follows through page
57, line 9, and insert the following:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants to State, local, and tribal
governments for the purposes of this title.
``(b) Programs Not Affected.--This title shall not be
construed to affect any authority to award grants under any
of the following Federal programs:
``(1) The firefighter assistance programs authorized under
section 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
``(2) The Urban Search and Rescue Grant Program authorized
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(3) Grants to protect critical infrastructure, including
port security grants authorized under section 70107 of title
46, United States Code, and the grants authorized in title
XIII and XIV of the Improving America's Security Act of 2007.
``(4) The Metropolitan Medical Response System authorized
under section 635 of the

[[Page S2986]]

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

``SEC. 2005. TERRORISM PREVENTION.

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

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

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

``SEC. 2007. ADMINISTRATION AND COORDINATION.

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

``SEC. 2008. ACCOUNTABILITY.

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

``SEC. 2009. AUDITING.

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

``SEC. 2010. SENSE OF THE SENATE.

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

``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

``TITLE XX--HOMELAND SECURITY GRANTS

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

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

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

TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

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

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

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

[[Page S2987]]

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

____________________