July 26, 2007 sees Congressional Record publish “TEXT OF AMENDMENTS”

Friday, Sep 24, 2021 @ 7:29pm By EP News Wire Reports

Volume 153, No. 121 covering the 1st Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S10193-S10207 on July 26, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2477. Mr. KERRY (for himself and Mr. Kennedy) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 40, line 15, after ``Security'' insert ``and an analysis of the Department's policy of ranking States, cities, and other grantees by tiered groups,''.

______

SA 2478. Mr. AKAKA submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. REPORT ON THE PERFORMANCE ACCOUNTABILITY AND

STANDARDS SYSTEM OF THE TRANSPORTATION SECURITY

ADMINISTRATION.

Not later than March 1, 2008, the Transportation Security Administration shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of the Performance Accountability and Standards System, including--

(1) the number of employees who achieved each level of performance;

(2) a comparison between managers and non-managers relating to performance and pay increases;

(3) the type and amount of all pay increases that have taken effect for each level of performance; and

(4) the attrition of employees covered by the Performance Accountability and Standards System.

______

SA 2479. Mr. SANDERS (for himself and Mr. Feingold) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

Sec. 536. Prohibition on Use Funds for Rulemaking Related to Petitions for Aliens.

None of the funds made available in this Act may be used by the Secretary of Homeland Security or any delegate of the Secretary to issue any rule or regulation which implements the Notice of Proposed Rulemaking related to Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor

(H-2B) set out beginning on 70 Federal Register 3984 (January 27, 2005), or any amendments reaching results similar to such proposed rulemaking.

______

SA 2480. Mr. GRAHAM (for himself, Mr. Pryor, Mr. Gregg, Mr. McCain, Mr. Martinez, Mr. Kyl, Mr. Sununu, Mr. Cornyn, Mrs. Hutchison, Mr. Specter, Mr. Coleman, Mrs. Lincoln, Mr. Byrd, Mr. Salazar, Mr. Webb, Mr. Baucus, Ms. Landrieu, Mrs. McCaskill, Mr. Alexander, Mrs. Dole, Mr. Domenici, Mr. Vitter, Mr. Sessions, Mr. Coburn, Mrs. Feinstein, Mr. Bunning, Mr. Corker, Mr. Hatch, Mr. Chambliss, Mr. Warner, and Mr. Inhofe) proposed an amendment to amendment SA 2383 proposed by Mr. Byrd

(for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows;

At the end, add the following:

DIVISION B--BORDER SECURITY

TITLE X--BORDER SECURITY REQUIREMENTS

SEC. 1001. SHORT TITLE.

This division may be cited as the ``Border Security First Act of 2007''.

SEC. 1002. BORDER SECURITY REQUIREMENTS.

(a) Requirements.--Not later than 2 years after the date of the enactment of this Act, the President shall ensure that the following are carried out:

(1) Operational control of the international border with mexico.--The Secretary of Homeland Security shall establish and demonstrate operational control of 100 percent of the international land border between the United States and Mexico, including the ability to monitor such border through available methods and technology.

(2) Staff enhancements for border patrol.--The United States Customs and Border Protection Border Patrol shall hire, train, and report for duty 23,000 full-time agents.

(3) Strong border barriers.--The United States Customs and Border Protection Border Patrol shall--

(A) install along the international land border between the United States and Mexico at least--

(i) 300 miles of vehicle barriers;

(ii) 700 linear miles of fencing as required by the Secure Fence Act of 2006 (Public Law 109-367), as amended by this Act; and

(iii) 105 ground-based radar and camera towers; and

(B) deploy for use along the international land border between the United States and Mexico 4 unmanned aerial vehicles, and the supporting systems for such vehicles.

(4) Catch and return.--The Secretary of Homeland Security shall detain all removable aliens apprehended crossing the international land border between the United States and Mexico in violation of Federal or State law, except as specifically mandated by Federal or State law or humanitarian circumstances, and United States Immigration and Customs Enforcement shall have the resources to maintain this practice, including the resources necessary to detain up to 45,000 aliens per day on an annual basis.

(b) Presidential Progress Report.--

(1) In general.--Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the requirements under subsection (a) are met, the President shall submit a report to Congress detailing the progress made in funding, meeting, or otherwise satisfying each of the requirements described under paragraphs (1) through (4) of subsection (a), including detailing any contractual agreements reached to carry out such measures.

(2) Progress not sufficient.--If the President determines that sufficient progress is not being made, the President shall include in the report required under paragraph (1) specific funding recommendations, authorization needed, or other actions that are or should be undertaken by the Secretary of Homeland Security.

SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

There is hereby appropriated $3,000,000,000 to satisfy the requirements set out in section 1002(a) and, if any amount remains after satisfying such requirements, to achieve and maintain operational control over the international land and maritime borders of the United States, for employment eligibility verification improvements for increased removal and detention of visa overstays, criminal aliens, aliens who have illegally reentered the United States, and for reimbursement of State and local section 287(g) expenses. These amounts are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

______

SA 2481. Mr. DeMINT submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, insert the following:

Sec. 536. None of the funds appropriated or otherwise made available by this Act may be obligated or expended by the Secretary of Homeland Security to remove offenses from the list of criminal offenses disqualifying individuals from receiving a Transportation Worker Identification Credential under section 1572.103 of title 49, Code of Federal Regulations.

______

SA 2482. Mr. DeMINT submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:

SEC. ___. AMENDMENT TO TITLE 31.

(a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section:

``Sec. 1311. Continuing appropriations

``(a)(1) If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year--

``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or

``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year.

``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of--

``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year;

``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year;

``(C) the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; or

``(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act.

``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of--

``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or

``(B) the last day of such fiscal year.

``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law.

``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity.

``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law.

``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)--

``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities:

``(1) Agriculture, Rural Development, Food and Drug Administration, and Related Agencies.

``(2) Commerce, Justice, Science, and Related Agencies.

``(3) Defense.

``(4) Energy and Water Development.

``(5) Financial Services and General Government.

``(6) Homeland Security.

``(7) Interior, Environment, and Related Agencies.

``(8) Labor, Health and Human Services, Education, and Related Agencies.

``(9) Legislative Branch.

``(10) Military Construction, Veterans' Affairs, and Related Agencies.

``(11) State, Foreign Operations, and Related Programs.

``(12) Transportation, Housing and Urban Development, and Related Agencies.''.

(b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item:

``1311. Continuing appropriations''.

______

SA 2483. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

(a) In General.--Subject to subsection (c), and notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency shall not prohibit the use by the State of Louisiana under the Road Home Program of that State of any amounts described in subsection (e), based upon the existence or extent of any requirement or condition under that program that--

(1) limits the amount made available to an eligible homeowner who does not agree to remain an owner and occupant of a home in Louisiana; or

(2) waives the applicability of any limitation described in paragraph (1) for eligible homeowners who are elderly or senior citizens.

(b) Procedures.--The Administrator of the Federal Emergency Management Agency shall identify and implement mechanisms to simplify the expedited distribution of amounts described in subsection (e), including--

(1) creating a programmatic cost-benefit analysis to provide a means of conducting cost-benefit analysis by project type and geographic factors rather than on a structure-by-structure basis; and

(2) developing a streamlined environmental review process to significantly speed the approval of project applications.

(1) In general.--Except as provided in paragraph (2), in using amounts described in subsection (e), the President shall waive the requirements of section 206.434(c) and 206.438(d) of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling), or specify alternative requirements, upon a request by the State of Louisiana that such waiver is required to facilitate the timely use of funds or a guarantee provided under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

(2) Exception.--The President may not waive any requirement relating to fair housing, nondiscrimination, labor standards, or, except as provided in subsection (b), the environment under paragraph (1).

(d) Savings Provision.--Except as provided in subsections

(a), (b), and (c), section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) shall apply to amounts described in subsection (e) that are used by the State of Louisiana under the Road Home Program of that State.

(e) Covered Amounts.--The amounts described in this subsection are any amounts provided to the State of Louisiana because of Hurricane Katrina of 2005 or Hurricane Rita of 2005 under the hazard mitigation grant program of the Federal Emergency Management Agency under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

______

SA 2484. Mr. GREGG submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. ACCOUNTABILITY IN GRANT AND CONTRACT

ADMINISTRATION.

The Department of Homeland Security, through the Federal Emergency Management Agency, shall--

(1) consider implementation, through fair and open competition, of management, tracking and accountability systems to assist in managing grant allocations, distribution, expenditures, and asset tracking; and

(2) consider any efficiencies created through cooperative purchasing agreements.

______

SA 2485. Ms. COLLINS submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 33, strike line 25 and all that follows through page 34, line 4, and insert the following: ``Affairs,

$117,400,000; of which $20,817,000 is for salaries and expenses; of which $2,400,000 is for the implementation of Homeland Security Presidential Directive/HSPD-9 (relating to the defense of United States Agriculture and Food) and for other food defense activities; and of which $94,183,000 is for biosurveillance, biowatch, chemical response, and related activities for the Department of Homeland Security, to remain available until September 30, 2009: Provided, That amounts appropriated under the subheading `Automation Modernization' under the heading `U.S. Immigration and Customs Enforcement' be reduced by $2,400,000: Provided further, That''.

______

SA 2486. Ms. COLLINS (for herself and Mr. Lieberman) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 30, line 17, before the period insert the following: ``Provided, That $10,043,000 shall be for the Office of Bombing Prevention and not more than $26,100,000 shall be for the Next Generation Network''.

______

SA 2487. Mrs. CLINTON (for herself and Mr. Dorgan) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:

Sec. 536. The Administrator of the Transportation Security Administration shall prohibit any butane lighters from being taken into an airport sterile area or onboard an aircraft until the Administrator provides to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying all anticipated security benefits and any possible vulnerabilities associated with allowing butane lighters into airport sterile areas and onboard commercial aircraft, including supporting analysis justifying the conclusions reached. The Comptroller General of the United States shall report on its assessment of the report submitted by the Transportation Security Administration within 180 days of the date the report is submitted. The Administrator shall not take action to allow butane lighters into an airport sterile area or onboard commercial aircraft until at least 60 days after the Comptroller General submits the Comptroller General's assessment of the Transportation Security Administration report.

______

SA 2488. Mr. VITTER (for himself and Ms. Stabenow) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

Sec. 536. None of the funds made available in this Act for U.S. Customs and Border Protection or any agency or office within the Department of Homeland Security may be used to prevent an individual from importing a prescription drug from Canada if--

(1) such individual--

(A) is not in the business of importing a prescription drug

(within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))); and

(B) only imports a personal-use quantity of such drug that does not exceed a 90-day supply; and

(2) such drug--

(A) complies with sections 501, 502, and 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); and

(B) is not--

(i) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or

(ii) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

______

SA 2489. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2448 submitted by Mr. Schumer (for himself and Mrs. Hutchison) to the amendment 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, after line 13 of the amendment, insert the following:

SEC. 537. FEE FOR RECAPTURE OF UNUSED EMPLOYMENT-BASED

IMMIGRANT VISAS.

Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note), as amended by section 536, is further amended by adding at the end the following:

``(5) Fee for recapture of unused employment-based immigrant visas.--

``(A) In general.--The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa recaptured from fiscal years 1996 and 1997 under this subsection to provide employment for an alien as a professional nurse, provided that--

``(i) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and

``(ii) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--

``(I) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or

``(II) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).

``(B) Fee collection.--A fee imposed by the Secretary of Homeland Security pursuant to this paragraph shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.''.

SEC. 538. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following:

``(w) Domestic Nursing Enhancement Account.--

``(1) Establishment.--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 provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 106(d)(5) of the American Competitiveness in the Twenty-first Century Act of 2000

(Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this subsection shall prohibit the depositing of other moneys into the account established under this section.

``(2) Use of funds.--Amounts collected under section 106(d)(5) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note), and deposited into the account established under paragraph

(1) shall be used by the Secretary of Health and Human Services to carry out section 832 of the Public Health Service Act. Such amounts shall be available for obligation only to the extent, and in the amount, provided in advance in appropriations Acts. Such amounts are authorized to remain available until expended.''.

SEC. 539. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING

FACULTY AND STUDENTS.

Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) 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 masters 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 (1)(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.--In 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 academic 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 academic 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 academic 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 academic year by 5 percent or 5 students, whichever is greater.

``(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.

``(C) With respect to any academic 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 academic years.

``(4) Not later than 1 year after receiving a grant under this section, 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 intradisciplinary 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 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 September 30, 2010, a final report on such results.

``(g) Application.--An eligible school of nursing seeking a grant under this section 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) Authorization of Appropriations.--In addition to the amounts in the Domestic Nursing Enhancement Account, established under section 286(w) of the Immigration and Nationality Act, there are authorized to be appropriated such sums as may be necessary to carry out this section.''.

SEC. 540. GLOBAL HEALTH CARE COOPERATION.

(a) In General.--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 HEALTH

CARE 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 health care 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:

``(1) Candidate country.--The term `candidate country' means a country that the Secretary of State determines to be--

``(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 than the historical ceiling for International Development Association eligibility for the applicable fiscal year; or

``(C) qualified 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 section.

``(d) Publication.--The Secretary of State shall publish--

``(1) a list of candidate countries not later than 6 months after the date of the enactment of this section, and annually thereafter; and

``(2) an amendment to the list described in paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).''.

(b) Rulemaking.--

(1) Requirement.--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 promulgated pursuant to 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.

(1) Definition.--Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ``except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,''.

(2) Documentary requirements.--Section 211(b) of such Act

(8 U.S.C. 1181(b)) is amended by inserting ``, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,'' after ``101(a)(27)(A),''.

(3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such Act (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 under section 317A and the spouse or child of such eligible alien, if appropriate,'' after ``Act,''.

(4) Naturalization.--Section 319(b) of such Act (8 U.S.C. 1430(b)) is amended by inserting ``an eligible alien who is residing or has resided in a foreign country under section 317A'' before ``and (C)''.

(5) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in developing countries''.

(d) Authorization of Appropriations.--There are authorized to be appropriated to United States Citizenship and Immigration Services such sums as may be necessary to carry out this section and the amendments made by this section.

SEC. 541. ATTESTATION BY HEALTH CARE WORKERS.

(a) Attestation Requirement.--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:

``(E) Health care 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 health care 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 health care worker in consideration for a commitment to work as a physician or other health care 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; Application.--

(1) Effective date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

(2) Application by the secretary.--Not later than the effective date described in paragraph (1), the Secretary shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

______

SA 2490. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. REPORT ON URBAN AREA SECURITY INITIATIVE.

Not later than 180 days after the date of enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees which describes the criteria and factors the Department of Homeland Security uses to determine the regional boundaries for Urban Area Security Initiative regions, including a determination if the Department is meeting its goal to implement a regional approach with respect to Urban Area Security Initiative regions, and provides recommendations for how the Department can better facilitate a regional approach for Urban Area Security Initiative regions.

______

SA 2491. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. APPLICATION FOR TRANSPORT WORKER IDENTIFICATION

CREDENTIAL.

(a) In General.--The Secretary shall allow an employer to use Homeport, a website maintained by the Coast Guard, to conduct an initial screening for interim work authority for employment aboard a vessel under section 104(c) of the SAFE Port Act (46 U.S.C. 70105 note).

(b) Time Limitation.--The Secretary shall allow an applicant who has passed an initial screening for interim work authority to be employed aboard a vessel for up to 180 days before requiring the employee to apply for a Transportation Worker Identification Credential.

(c) Limitation on Use of Funds.--No funds appropriated under this Act may be used to require an employee to apply for a Transportation Worker Identification Credential before the Secretary makes available on Homeport the security screening for interim work authority for employment aboard a vessel required under section 104(c) of the SAFE Port Act (46 U.S.C. 70105 note).

______

SA 2492. Mr. SANDERS (for himself and Mr. Feingold) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, add the following:

Sec. 536. Prohibition on Use Funds for Rulemaking Related to Petitions for Aliens.

(H-2B) set out beginning on 70 Federal Register 3984 (January 27, 2005), or any amendments reaching results similar to such proposed rulemaking.

______

SA 2493. Mrs. BOXER submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, line 11, strike ``$100,000,000'' and insert

``$98,000,000''.

On page 45, between lines 23 and 24, insert the following:

grants for community wildfire preparedness and education

For necessary expense for programs administered Assistant Administrator for the United States Fire Administration to educate communities about the dangers of wildfires and provide information and resources to assist community preparedness for wildfires, $2,000,000: Provided, That such programs shall be targeted to provide education to communities growing into the wildland urban interface and in areas at risk for wildfire: Provided further, That such programs shall be administered as part of the larger mission of the United States Fire Administration within the Federal Emergency Management Agency to reduce life and economic losses due to fire and related emergencies, through leadership, advocacy, coordination, and support.

______

SA 2494. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

(1) limits the amount made available to an eligible homeowner who does not agree to remain an owner and occupant of a home in Louisiana; or

(2) waives the applicability of any limitation described in paragraph (1) for eligible homeowners who are elderly or senior citizens.

(1) creating a programmatic cost-benefit analysis to provide a means of conducting cost-benefit analysis by project type and geographic factors rather than on a structure-by-structure basis; and

(2) developing a streamlined environmental review process to significantly speed the approval of project applications.

(1) In general.--Except as provided in paragraph (2), in using amounts described in subsection (e), the President shall waive the requirements of section 206.434(c) and section 206.438(d) of title 44, Code of Federal Regulations

(or any corresponding similar regulation or ruling), or specify alternative requirements, upon a request by the State of Louisiana that such waiver is required to facilitate the timely use of funds or a guarantee provided under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

(d) Savings Provision.--Except as provided in subsections

(e) Covered Amounts.--The amounts described in this subsection is $1,170,000,000 provided to the State of Louisiana because of Hurricane Katrina of 2005 or Hurricane Rita of 2005 under the hazard mitigation grant program of the Federal Emergency Management Agency under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

______

SA 2495. Mr. ISAKSON submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF SENATE ON IMMIGRATION.

(a) Findings.--The Senate makes the following findings:

(1) On June 28th, 2007, the Senate, by a vote of 46 to 53, rejected a motion to invoke cloture on a bill to provide for comprehensive immigration reform.

(2) Illegal immigration remains the top domestic issue in the United States.

(3) The people of the United States continue to feel the effects of a failed immigration system on a daily basis, and they have not forgotten that Congress and the President have a duty to address the issue of illegal immigration and the security of the international borders of the United States.

(4) People from across the United States have shared with members of the Senate their wide ranging and passionate opinions on how best to reform the immigration system.

(5) There is no consensus on an approach to comprehensive immigration reform that does not first secure the international borders of the United States.

(6) There is unanimity that the Federal Government has a responsibility to, and immediately should, secure the international borders of the United States.

(7) Border security is an integral part of national security.

(8) The greatest obstacle the Federal Government faces with respect to the people of the United States is a lack of trust that the Federal Government will secure the international borders of the United States.

(9) This lack of trust is rooted in the past failures of the Federal Government to uphold and enforce immigration laws and the failure of the Federal Government to secure the international borders of the United States.

(10) Failure to uphold and enforce immigration laws has eroded respect for those laws and eliminated the faith of the people of the United States in the ability of their elected officials to responsibly administer immigration programs.

(11) It is necessary to regain the trust of the people of the United States in the competency of the Federal Government to enforce immigration laws and manage the immigration system.

(12) Securing the borders of the United States would serve as a starting point to begin to address other issues surrounding immigration reform on which there is not consensus.

(13) Congress has not fully funded some interior and border security activities that it has authorized.

(14) The President of the United States can initiate emergency spending by designating certain spending as

``emergency spending'' in a request to the Congress.

(15) The lack of security on the international borders of the United States rises to the level of an emergency.

(16) The Border Patrol are apprehending some, but not all, individuals from countries that the Secretary of State has determined have repeatedly provided support for acts of international terrorism who cross or attempt to cross illegally into the United States.

(17) The Federal Bureau of Investigation is investigating a human smuggling ring that has been bringing Iraqis and other Middle Eastern individuals across the international borders of the United States.

(b) Sense of Senate.--It is the sense of Senate that--

(1) the Federal Government should work to regain the trust of the people of the United States in its ability of the Federal Government to secure the international borders of the United States;

(2) in order to restore the credibility of the Federal Government on this critical issue, the Federal Government should prove its ability to enforce immigration laws by taking actions such as securing the border, stopping the flow of illegal immigrants and drugs into the United States, and creating a tamper-proof biometric identification card for foreign workers; and

(3) the President should request emergency spending that fully funds--

(A) existing interior and border security authorizations that have not been funded by Congress; and

(B) the border and interior security initiatives contained in the bill to provide for comprehensive immigration reform and for other purposes (S. 1639) introduced in the Senate on June 18, 2007.

______

SA 2496. Mr COCHRAN (for himself and Mr. Byrd) proposed an amendment to amendment SA 2488 submitted by Mr. Vitter (for himself and Ms. Stabenow) to the amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes, as follows:

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

None of the funds made available in this Act for United States Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be--

(1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or

(2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

______

SA 2497. Mr. BYRD submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, insert the following:

Sec. __. None of the funds made available in this Act may be used to destroy or put out to pasture any horse or other equine belonging to the Federal Government that has become unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment.

______

SA 2498. Mr. SANDERS (for himself and Mr. Feingold) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

Sec. 536. Prohibition on Use Funds for Rulemaking Related to Petitions for Aliens.

(H-2B) set out beginning on 70 Federal Register 3984 (January 27, 2005).

______

SA 2499. Mrs. MURRAY submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, insert the following:

Sec. 536. (a) The amount appropriated by title II for necessary expenses for the U.S. Customs and Border Protection for enforcement of laws relating to border security, immigration, customs, and agricultural inspections under the heading ``salaries and expenses'' is increased by $30,000,000 to procure commercially available technology in order to expand and improve the risk-based approach of the Department of Homeland Security to target and inspect cargo containers under the Secure Freight Initiative and the Global Trade Exchange.

(b) The amount appropriated by title IV under the heading

``systems acquisition'' is reduced by $30,000,000.

______

SA 2500. Mrs. BOXER submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. ENSURING THE SAFETY OF AGRICULTURAL IMPORTS.

(a) Findings.--Congress makes the following findings:

(1) The Food and Drug Administration, as part of its responsibility to ensure the safety of agricultural and other imports, maintains a presence at 91 of the 320 points of entry into the United States.

(2) United States Customs and Border Protection personnel are responsible for monitoring imports and alerting the Food and Drug Administration to suspicious material entering the United States at the remaining 229 points of entry.

(b) Report.--The Commissioner of United States Customs and Border Protection shall submit a report to Congress that describes the training of United States Customs and Border Protection personnel to effectively assist the Food and Drug Administration in monitoring our Nation's food supply.

______

SA 2501. Ms. CANTWELL (for herself and Ms. Snowe) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 22, beginning in line 15, strike ``Provided,'' and insert ``Provided,'' That no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program not already under contract until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That no funds contained in this Act shall be available for procurement of the third National Security Cutter until an Alternatives Analysis has been completed by an independent qualified third party: Provided further'',.

______

SA 2502. Mr. PRYOR (for himself, Mr. Craig, Mr. Schumer, Mr. Chambliss, Mr. Roberts, and Mr. Hagel) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 30, line 14, strike ``by title II'' and all that follows through ``2009.'' on line 17 and insert the following

``by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) or subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act, $527,099,000, of which $497,099,000 shall remain available until September 30, 2009, and of which, $2,000,000 shall be to carry out subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act.''.

On page 69, after line 24, add the following:

SEC. 536. SECURE HANDLING OF AMMONIUM NITRATE.

(a) In General.--Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by adding at the end the following:

``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. DEFINITIONS.

``In this subtitle:

``(1) Ammonium nitrate.--The term `ammonium nitrate' means--

``(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and

``(B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under section 899B(b).

``(2) Ammonium nitrate facility.--The term `ammonium nitrate facility' means any entity that produces, sells or otherwise transfers ownership of, or provides application services for ammonium nitrate.

``(3) Ammonium nitrate purchaser.--The term `ammonium nitrate purchaser' means any person who buys and takes possession of ammonium nitrate from an ammonium nitrate facility.

``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM

NITRATE.

``(a) In General.--The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

``(b) Ammonium Nitrate Mixtures.--Not later than 90 days after the date of the enactment of this subtitle, the Secretary, in consultation with the heads of appropriate Federal departments and agencies (including the Secretary of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance.

``(c) Registration of Owners of Ammonium Nitrate Facilities.--

``(1) Registration.--The Secretary shall establish a process by which any person that--

``(A) owns an ammonium nitrate facility is required to register with the Department; and

``(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.

``(2) Registration information.--Any person applying to register under paragraph (1) shall submit to the Secretary--

``(A) the name, address, and telephone number of each ammonium nitrate facility owned by that person;

``(B) the name of the person designated by that person as the point of contact for each such facility, for purposes of this subtitle; and

``(C) such other information as the Secretary may determine is appropriate.

``(d) Registration of Ammonium Nitrate Purchasers.--

``(1) Registration.--The Secretary shall establish a process by which any person that--

``(A) intends to be an ammonium nitrate purchaser is required to register with the Department; and

``(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.

``(2) Registration information.--Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary--

``(A) the name, address, and telephone number of the applicant; and

``(B) the intended use of ammonium nitrate to be purchased by the applicant.

``(e) Records.--

``(1) Maintenance of records.--The owner of an ammonium nitrate facility shall--

``(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the date of that sale or transfer; and

``(B) include in such record the information described in paragraph (2).

``(2) Specific information required.--For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall--

``(A) record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that takes possession of ammonium nitrate, in a manner prescribed by the Secretary;

``(B) if applicable, record the name, address, and telephone number of each individual who takes possession of the ammonium nitrate on behalf of the person described in subparagraph (A), at the point of sale;

``(C) record the date and quantity of ammonium nitrate sold or transferred; and

``(D) verify the identity of the persons described in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.

``(3) Protection of information.--In maintaining records in accordance with paragraph (1), the owner of an ammonium nitrate facility shall take reasonable actions to ensure the protection of the information included in such records.

``(f) Exemption for Explosive Purposes.--The Secretary may exempt from this subtitle a person producing, selling, or purchasing ammonium nitrate exclusively for use in the production of an explosive under a license issued under chapter 40 of title 18, United States Code.

``(g) Consultation.--In carrying out this section, the Secretary shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.

``(h) Data Confidentiality.--

``(1) In general.--Notwithstanding section 552 of title 5, United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115 Stat. 272), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this subtitle.

``(2) Exception.--The Secretary may disclose any information obtained by the Secretary under this subtitle to--

``(A) an officer or employee of the United States, or a person that has entered into a contract with the United States, who has a need to know the information to perform the duties of the officer, employee, or person; or

``(B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the information.

``(i) Registration Procedures and Check of Terrorist Screening Database.--

``(1) Registration procedures.--

``(A) Generally.--The Secretary shall establish procedures to efficiently receive applications for registration numbers under this subtitle, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.

``(B) Initial six-month registration period.--The Secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in section 899F(e).

``(2) Check of terrorist screening database.--

``(A) Check required.--The Secretary shall conduct a check of appropriate identifying information of any person seeking to register with the Department under subsection (c) or (d) against identifying information that appears in the terrorist screening database of the Department.

``(B) Authority to deny registration number.--If the identifying information of a person seeking to register with the Department under subsection (c) or (d) appears in the terrorist screening database of the Department, the Secretary may deny issuance of a registration number under this subtitle.

``(3) Expedited review of applications.--

``(A) In general.--Following the six-month period described in section 899F(e), the Secretary shall, to the extent practicable, issue or deny registration numbers under this subtitle not later than 72 hours after the time the Secretary receives a complete registration application, unless the Secretary determines, in the interest of national security, that additional time is necessary to review an application.

``(B) Notice of application status.--In all cases, the Secretary shall notify a person seeking to register with the Department under subsection (c) or (d) of the status of the application of that person not later than 72 hours after the time the Secretary receives a complete registration application.

``(4) Expedited appeals process.--

``(A) Requirement.--

``(i) Appeals process.--The Secretary shall establish an expedited appeals process for persons denied a registration number under this subtitle.

``(ii) Time period for resolution.--The Secretary shall, to the extent practicable, resolve appeals not later than 72 hours after receiving a complete request for appeal unless the Secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal.

``(B) Consultation.--The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.

``(C) Guidance.--The Secretary shall provide guidance regarding the procedures and information required for an appeal under subparagraph (A) to any person denied a registration number under this subtitle.

``(5) Restrictions on use and maintenance of information.--

``(A) In general.--Any information constituting grounds for denial of a registration number under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section.

``(B) Sharing of information.--Notwithstanding any other provision of this subtitle, the Secretary may share any such information with Federal, State, local, and tribal law enforcement agencies, as appropriate.

``(6) Registration information.--

``(A) Authority to require information.--The Secretary may require a person applying for a registration number under this subtitle to submit such information as may be necessary to carry out the requirements of this section.

``(B) Requirement to update information.--The Secretary may require persons issued a registration under this subtitle to update registration information submitted to the Secretary under this subtitle, as appropriate.

``(7) Re-checks against terrorist screening database.--

``(A) Re-checks.--The Secretary shall, as appropriate, recheck persons provided a registration number pursuant to this subtitle against the terrorist screening database of the Department, and may revoke such registration number if the Secretary determines such person may pose a threat to national security.

``(B) Notice of revocation.--The Secretary shall, as appropriate, provide prior notice to a person whose registration number is revoked under this section and such person shall have an opportunity to appeal, as provided in paragraph (4).

``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

``The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this subtitle or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

``(a) Cooperative Agreements.--The Secretary--

``(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or its designee involved in agricultural regulation, in consultation with the State agency responsible for homeland security, to carry out the provisions of this subtitle; and

``(2) wherever possible, shall seek to cooperate with State agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this subtitle.

``(b) Delegation.--

``(1) Authority.--The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this subtitle.

``(2) Delegation required.--At the request of a Governor of a State, the Secretary shall delegate to that State the authority to carry out functions under sections 899B and 899C, if the Secretary determines that the State is capable of satisfactorily carrying out such functions.

``(3) Funding.--Subject to the availability of appropriations, if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient funds to carry out the delegated functions.

``(c) Provision of Guidance and Notification Materials to Ammonium Nitrate Facilities.--

``(1) Guidance.--The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 899B(c)(1) guidance on--

``(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;

``(B) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including--

``(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and

``(ii) notifying appropriate law enforcement entities; and

``(C) additional subjects determined appropriate by to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

``(2) Use of materials and programs.--In providing guidance under this subsection, the Secretary shall, to the extent practicable, leverage any relevant materials and programs.

``(3) Notification materials.--

``(A) In general.--The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.

``(B) Design of materials.--Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of--

``(i) the record-keeping requirements under section 899B; and

``(ii) the penalties for violating such requirements.

``SEC. 899E. THEFT REPORTING REQUIREMENT.

``Any person who is required to comply with section 899B(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities, as appropriate.

``SEC. 899F. PROHIBITIONS AND PENALTY.

``(a) Prohibitions.--

``(1) Taking possession.--No person shall take possession of ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 899B, or is an agent of a person registered under subsection (c) or (d) of that section.

``(2) Transferring possession.--An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any person who is not registered under subsection (c) or (d) of section 899B, or is not an agent of a person registered under subsection (c) or (d) of that section.

``(3) Other prohibitions.--No person shall--

``(A) buy and take possession of ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B;

``(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); or

``(C) fail to comply with any requirement or violate any other prohibition under this subtitle.

``(b) Civil Penalty.--A person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

``(c) Penalty Considerations.--In determining the amount of a civil penalty under this section, the Secretary shall consider--

``(1) the nature and circumstances of the violation;

``(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

``(3) any other matter that the Secretary determines that justice requires.

``(d) Notice and Opportunity for a Hearing.--No civil penalty may be assessed under this subtitle unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.

``(e) Delay in Application of Prohibition.--Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues of a final rule implementing this subtitle.

``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

``(a) In General.--Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of title 18, United States Code), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure.

``(b) Reasonable Belief.--A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.

``SEC. 899H. PREEMPTION OF OTHER LAWS.

``(a) Other Federal Regulations.--Except as provided in section 899G, nothing in this subtitle affects any regulation issued by any agency other than an agency of the Department.

``(b) State Law.--Subject to section 899G, this subtitle preempts the laws of any State to the extent that such laws are inconsistent with this subtitle, except that this subtitle shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.

``SEC. 899I. DEADLINES FOR REGULATIONS.

``The Secretary--

``(1) shall issue a proposed rule implementing this subtitle not later than 6 months after the date of the enactment of this subtitle; and

``(2) issue a final rule implementing this subtitle not later than 1 year after such date of enactment.

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Secretary--

``(1) $2,000,000 for fiscal year 2008; and

``(2) $10,750,000 for each of fiscal years 2009 through 2012.''.

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 899 the following:

``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.

``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.

``Sec. 899C. Inspection and auditing of records.

``Sec. 899D. Administrative provisions.

``Sec. 899E. Theft reporting requirement.

``Sec. 899F. Prohibitions and penalty.

``Sec. 899G. Protection from civil liability.

``Sec. 899H. Preemption of other laws.

``Sec. 899I. Deadlines for regulations.

``Sec. 899J. Authorization of appropriations.''.

______

SA 2503. Mr. MARTINEZ (for himself, Mr. Kyl, and Mr. Graham) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

Sec. 536. (a) Use of Biometric Social Security Cards to Establish Employment Authorization and Identity.--Section 274A(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)) is amended--

(1) in clause (ii)(III), by striking ``use.'' and inserting

``use; or''; and

(2) by adding at the end the following:

``(iii) social security card (other than a card that specifies on its face that the card is not valid for establishing employment authorization in the United States) that bears a photograph and meets the standards established under section 536(c) of the Department of Homeland Security Appropriations Act, 2008, upon the recommendation of the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, pursuant to section 536(e)(1) of such Act.''.

(b) Access to Social Security Card Information.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following:

``(I) As part of the employment eligibility verification system established under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), the Commissioner of Social Security shall provide to the Secretary of Homeland Security access to any photograph, other feature, or information included in the social security card.''.

(1) Issuance.--Not later than first day of the second fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (f), the Commissioner of Social Security shall begin to administer and issue fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

(2) Interim.--Not later than the first day of the seventh fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (f), the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

(3) Completion.--Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (f), all social security cards that are not fraud-resistant, tamper-resistant, and wear-resistant shall be invalid for establishing employment authorization for any individual 16 years of age or older.

(4) Exemption.--Nothing in this section shall require an individual under the age of 16 years to be issued or to present for any purpose a social security card described in this subsection. Nothing in this section shall prohibit the Commissioner of Social Security from issuing a social security card not meeting the requirements of this subsection to an individual under the age of 16 years who otherwise meets the eligibility requirements for a social security card.

(d) Duties of the Social Security Administration.--The Commissioner of Social Security--

(1) shall issue a social security card to an individual at the time of the issuance of a social security account number to such individual, which card shall--

(A) contain such security and identification features as determined by the Secretary of Homeland Security, in consultation with the Commissioner; and

(B) be fraud-resistant, tamper-resistant, and wear-resistant;

(2) shall, in consultation with the Secretary of Homeland Security, issue regulations specifying such particular security and identification features, renewal requirements

(including updated photographs), and standards for the social security card as necessary to be acceptable for purposes of establishing identity and employment authorization under the immigration laws of the United States; and

(3) may not issue a replacement social security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.

(e) Reporting Requirements.--

(1) Report on the use of identification documents.--Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (f), the Secretary of Homeland Security shall submit to Congress a report recommending which documents, if any, among those described in section 274A(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)), should continue to be used to establish identity and employment authorization in the United States.

(2) Report on implementation.--Not later than 12 months after the date on which the Commissioner begins to administer and issue fraud-resistant, tamper-resistant, and wear-resistant cards under subsection (c)(1) of this section, and annually thereafter, the Commissioner shall submit to Congress a report on the implementation of this section. The report shall include analyses of the amounts needed to be appropriated to implement this section, and of any measures taken to protect the privacy of individuals who hold social security cards described in this section.

(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.

______

SA 2504. Mr. LEVIN (for himself, Mr. Tester, Ms. Stabenow, and Mr. Dorgan) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF CONGRESS.

It is the sense of Congress that sufficient funds should be appropriated to allow the Secretary to increase the number of personnel of United States Customs and Border Protection protecting the northern border by 1,517 officers and 788 agents, as authorized by--

(1) section 402 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56);

(2) section 331 of the Trade Act of 2002 (Public Law 107-210); and

(3) section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).

______

SA 2505. Mr. DORGAN (for himself, Mr. Conrad, and Mr. Byrd) proposed an amendment to amendment SA 2468 proposed by Ms. Landrieu to the amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the end of the amendment, add the following:

Sec. 536. (a) Enhanced Reward for Capture of Osama Bin Laden.--Section 36(e)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at the end the following new sentence: ``The Secretary shall authorize a reward of $50,000,000 for the capture or killing, or information leading to the capture or death, of Osama bin Laden.''.

(b) Status of Efforts To Bring Osama Bin Laden and Other Leaders of Al Qaeda to Justice.--

(1) Reports required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Defense shall, in coordination with the Director of National Intelligence, jointly submit to Congress a report on the progress made in bringing Osama bin Laden and other leaders of al Qaeda to justice.

(2) Elements.--Each report under paragraph (1) shall include, current as of the date of such report, the following:

(A) An assessment of the likely current location of terrorist leaders, including Osama bin Laden, Ayman al-Zawahiri, and other key leaders of al Qaeda.

(B) A description of ongoing efforts to bring to justice such terrorist leaders, particularly those who have been directly implicated in attacks in the United States and its embassies.

(C) An assessment of whether the government of each country assessed as a likely location of top leaders of al Qaeda has fully cooperated in efforts to bring those leaders to justice.

(D) A description of diplomatic efforts currently being made to improve the cooperation of the governments described in subparagraph (C).

(E) A description of the current status of the top leadership of al Qaeda and the strategy for locating them and bringing them to justice.

(F) An assessment of whether al Qaeda remains the terrorist organization that poses the greatest threat to United States interests, including the greatest threat to the territorial United States.

(3) Form of report.--Each report submitted to Congress under paragraph (1) shall be submitted in a classified form, and shall be accompanied by a report in unclassified form that redacts the classified information in the report.

______

SA 2506. Mr. NELSON of Nebraska (for himself and Mr. Leahy) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 35, line 24, strike ``to be allocated'' and all that follows through ``3714)'' on line 26 and insert the following: ``of which, each State shall be allocated not less than 0.75 percent of the total amount appropriated in this paragraph, except that the Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated not less than 0.25 percent of the total amount appropriated in this paragraph''.

______

SA 2507. Mr. FEINGOLD submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, between after line 24, add the following:

Sec. 536. (a) Study on Implementation of Voluntary Provision of Emergency Services Program.--(1) Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct a study on the implementation of the voluntary provision of emergency services program established pursuant to section 44944(a) of title 49, United States Code (referred to in this section as the ``program'').

(2) As part of the study required by paragraph (1), the Administrator shall assess the following:

(A) Whether training protocols established by air carriers and foreign air carriers include training pertinent to the program and whether such training is effective for purposes of the program.

(B) Whether employees of air carriers and foreign air carriers responsible for implementing the program are familiar with the provisions of the program.

(D) Whether a helpline or other similar mechanism of assistance provided by an air carrier, foreign air carrier, or the Transportation Security Administration should be established to provide assistance to employees of air carriers and foreign air carriers who are uncertain of the procedures of the program.

(3) In making the assessment required by paragraph (2)(C), the Administrator may make use of unannounced interviews or other reasonable and effective methods to test employees of air carriers and foreign air carriers responsible for registering law enforcement officers, firefighters, and emergency medical technicians as part of the program.

(4)(A) Not later than 60 days after the completion of the study required by paragraph (1), the Administrator shall submit to Congress a report on the findings of such study.

(B) The Administrator shall make such report available to the public by Internet web site or other appropriate method.

(b) Publication of Report Previously Submitted.--The Administrator shall make available to the public on the Internet web site of the Transportation Security Administration or the Department of Homeland Security the report required by section 554(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295).

(c) Mechanism for Reporting Problems.--The Administrator shall develop a mechanism on the Internet web site of the Transportation Security Administration or the Department of Homeland Security by which first responders may report problems with or barriers to volunteering in the program. Such mechanism shall also provide information on how to submit comments related to volunteering in the program.

(d) Air Carrier and Foreign Air Carrier Defined.--In this section, the terms ``air carrier'' and ``foreign air carrier'' have the meaning given such terms in section 40102 of title 49, United States Code.

______

SA 2508. Mr. LIEBERMAN (for herself, Ms. Collins, and Mr. Carper) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 35, line 15, strike ``costs.'' and insert the following: ``costs: Provided further, That of the total amount made available under this heading, $1,000,000 shall be to develop a web-based version of the National Fire Incident Reporting System that will ensure that fire-related data can be submitted and accessed by fire departments in real time.''.

On page 5, line 3, strike ``expenses.'' and insert the following: ``expenses: Provided, That the Director of Operations Coordination shall encourage rotating State and local fire service representation at the National Operations Center.''.

______

SA 2509. Mrs. McCASKILL (for herself, Mr. Obama, Mr. Pryor, Ms. Landrieu, Mr. Lieberman, and Mr. Kerry) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 5, line 20, before the period, insert the following: ``: Provided, That the Inspector General shall investigate decisions made regarding, and the policy of the Federal Emergency Management Agency relating to, formaldehyde in trailers in the Gulf Coast region, the process used by the Federal Emergency Management Agency for collecting, reporting, and responding to health and safety concerns of occupants of housing supplied by the Federal Emergency Management Agency (including such housing supplied through a third party), and whether the Federal Emergency Management Agency adequately addressed public health and safety issues of households to which the Federal Emergency Management Agency provides disaster housing (including whether the Federal Emergency Management Agency adequately notified recipients of such housing, as appropriate, of potential health and safety concerns and whether the institutional culture of the Federal Emergency Management Agency properly prioritizes health and safety concerns of recipients of assistance from the Federal Emergency Management Agency), and submit a report to Congress relating to that investigation, including any recommendations''.

On page 35, line 15, before the period, insert the following: ``: Provided further, That not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall, as appropriate, update training practices for all customer service employees, employees in the Office of General Counsel, and other appropriate employees of the Federal Emergency Management Agency relating to addressing health concerns of recipients of assistance from the Federal Emergency Management Agency''.

On page 40, line 24, before the period, insert the following: ``: Provided further, That not later than 15 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the actions taken as of that date, and any actions the Administrator will take, regarding the response of the Federal Emergency Management Agency to concerns over formaldehyde exposure, which shall include a description of any disciplinary or other personnel actions taken, a detailed policy for responding to any reports of potential health hazards posed by any materials provided by the Federal Emergency Management Agency (including housing, food, water, or other materials), and a description of any additional resources needed to implement such policy: Provided further, That the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall design a program to scientifically test a representative sample of travel trailers and mobile homes provided by the Federal Emergency Management Agency, and surplus travel trailers and mobile homes to be sold or transferred by the Federal government on or after the date of enactment of this Act, for formaldehyde and, not later than 15 days after the date of enactment of this Act, submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the program designed, including a description of the design of the testing program and the quantity of and conditions under which trailers and mobile homes shall be tested and the justification for such design of the testing: Provided further, That in order to protect the health and safety of disaster victims, the testing program designed under the previous proviso shall provide for initial short-term testing, and longer-term testing, as required: Provided further, That not later than 45 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall, at a minimum, complete the initial short-term testing described in the previous proviso: Provided further, That, to the extent feasible, the Administrator of the Federal Emergency Management Agency shall use a qualified contractor residing or doing business primarily in the Gulf Coast Area to carry out the testing program designed under this heading: Provided further, That, not later than 30 days after the date that the Administrator of the Federal Emergency Management Agency completes the short-term testing under this heading, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the results of the testing, analyzing such results, providing an assessment of whether there are any health risks associated with the results and the nature of any such health risks, and detailing the plans of the Administrator of the Federal Emergency Management Agency to act on the results of the testing, including any need to relocate individuals living in the trailers or mobile homes provided by the Federal Emergency Management Agency or otherwise assist individuals affected by the results, plans for the sale or transfer of any trailers or mobile homes

(which shall be made in coordination with the Administrator of General Services), and plans to conduct further testing: Provided further, That after completing longer-term testing under this heading, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the results of the testing, analyzing such results, providing an assessment of whether any health risks are associated with the results and the nature of any such health risks, incorporating any additional relevant information from the shorter-term testing completed under this heading, and detailing the plans and recommendations of the Administrator of the Federal Emergency Management Agency to act on the results of the testing.

______

SA 2510. Mr. KYL submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY

VERIFICATION BASIC PILOT PROGRAM.

(a) In General.--The Secretary of Homeland Security shall improve the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) to--

(1) respond to inquiries made by participating employers through the Internet to help confirm an individual's identity and determine whether the individual is authorized to be employed in the United States;

(2) maximize the reliability and ease of use of the basic pilot program by employers, while insulating and protecting the privacy and security of the underlying information;

(3) respond accurately to all inquiries made by employers on whether individuals are authorized to be employed in the United States;

(4) maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and

(5) allow for auditing the use of the system to detect fraud and identify theft, and to preserve the security of the information collected through the basic pilot program, including--

(A) the development and use of algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents;

(B) the development and use of algorithms to detect misuse of the system by employers and employees; and

(C) the development of capabilities to detect anomalies in the use of the basic pilot program that may indicate potential fraud or misuse of the program.

(b) Coordination With State Governments.--If use of an employer verification system is mandated by State or local law, the Secretary of Homeland Security, in consultation with appropriate State and local officials, shall--

(1) ensure that State and local programs have sufficient access to the Federal Government's Employment Eligibility Verification System and ensure that such system has sufficient capacity to--

(A) register employers in States with employer verification requirements;

(B) respond to inquiries by employers; and

(2) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the basic pilot program, including appropriate privacy and security training for State employees.

(c) Responsibilities of the Social Security Administration.--In order to prevent identity theft, protect employees, and reduce the burden on employers, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall--

(1) review the Social Security Administration databases and information technology to identify any deficiencies and discrepancies related to name, birth date, citizenship status, or death records of the social security accounts and social security account holders that are likely to contribute to fraudulent use of documents, identity theft, or affect the proper functioning of the basic pilot program;

(2) work to correct any errors identified under paragraph

(1); and

(3) work to ensure that a system for identifying and promptly correcting such deficiencies and discrepancies is adopted to ensure the accuracy of the Social Security Administration's databases.

(d) Rulemaking.--The Secretary is authorized, with notice to the public provided in the Federal Register, to issue regulations concerning operational and technical aspects of the basic pilot program and the efficiency, accuracy, and security of such program.

(e) Funding.--Of the amounts appropriated for border security under section 1003, $60,000,000 shall be used to carry out this section, including the expansion and base operations of the Employment Eligibility Verification Basic Pilot Program.

______

SA 2511. Mr. KYL submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC.--. OPERATION JUMP START.

(a) Additional Amount for Operation and Maintenance, Defense-Wide Activities.--The amount authorized to be appropriated for operation and maintenance for Defense-wide activities is hereby increased by $400,000,000 for the Department of Defense.

(b) Availability of Amount.--

(1) In general.--Of the amount authorized to be appropriated for operation and maintenance for Defense-wide activities, as increased by subsection (a), $400,000,000 shall be available for Operation Jump Start in order to maintain a significant durational force of National Guard on the southern land border of the United States to assist the United States Border Patrol in gaining operational control of that border.

(2) Supplement not supplant.--The amount available under paragraph (1) for the purpose specified in that paragraph is in addition to any other amounts available in this Act for that purpose.

______

SA 2512. Mrs. DOLE submitted an amendment intended to be proposed by her to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 16, line 17, insert ``Provided further, That of the total amount provided under this heading, at least

$236,843,596 shall be used to increase, to the maximum extent possible, the number of detention beds available to accommodate aliens detained by the United States Border Patrol, and in acquiring such detention beds, the Secretary of Homeland Security shall consider the use of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note).''.

______

SA 2513. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, insert the following:

SEC. 536. NATIONAL STRATEGY ON CLOSED CIRCUIT TELEVISION

SYSTEMS.

(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall--

(1) develop a national strategy for the effective and appropriate use of closed circuit television to prevent and respond to acts of terrorism, which shall include--

(A) an assessment of how closed circuit television and other public surveillance systems can be used most effectively as part of an overall terrorism preparedness, prevention, and response program, and its appropriate role in such a program;

(B) a comprehensive examination of the advantages and limitations of closed circuit television and, as appropriate, other public surveillance technologies;

(D) plans for coordination between the Federal Government and State and local governments, and the private sector--

(i) in the development and use of closed circuit television systems; and

(ii) for Federal assistance and support for State and local utilization of such systems;

(E) plans for pilot programs or other means of determining the real-world efficacy and limitations of closed circuit television systems;

(F) an assessment of privacy and civil liberties concerns raised by use of closed circuit television and other public surveillance systems, and guidelines to address such concerns; and

(G) an assessment of whether and how closed circuit television systems and other public surveillance systems are effectively utilized by other democratic countries in combating terrorism; and

(2) provide to the Committees on Homeland Security and Governmental Affairs, Appropriations, and the Judiciary of the Senate and the Committees on Homeland Security, Appropriations, and the Judiciary of the House of Representatives a report that includes--

(A) the strategy required under paragraph (1);

(B) the status and findings of any pilot program involving closed circuit televisions or other public surveillance systems conducted by, in coordination with, or with the assistance of the Department of Homeland Security up to the time of the report; and

(C) the annual amount of funds used by the Department of Homeland Security, either directly by the Department or through grants to State, local, or tribal governments, to support closed circuit television and the public surveillance systems of the Department, since fiscal year 2004.

(b) Consultation.--In preparing the strategy and report required under subsection (a), the Secretary of Homeland Security shall consult with the Attorney General, the Chief Privacy Officer of the Department of Homeland Security, and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security.

______

SA 2514. Ms. CANTWELL (for herself and Ms. Snowe) submitted an amendment intended to be proposed to amendment SA 2638 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 22, beginning in line 17, strike ``Provided,'' and insert ``Provided, That no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program not already under contract until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That no funds contained in this Act shall be available for procurement of the third National Security Cutter until an Alternatives Analysis has been completed by an independent qualified third party: Provided further,''.

______

SA 2515. Mrs. FEINSTEIN (for herself, Mr. Martinez, Mrs. Boxer, and Mr. Nelson of Florida) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert the following:

Sec. 536. None of the funds made available to the U.S. Customs and Border Protection may be expended or obligated to compensate personnel in the position of Agricultural Specialist to perform work that is not related to agricultural inspection, agricultural pest interception, or other duties germane to the mission of agricultural inspection.

______

SA 2516. Mr. SALAZAR (for himself, Mr. Menendez, Mr. Martinez, and Mr. Graham) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

SECTION 1. BORDER SECURITY REQUIREMENTS FOR LAND AND MARITIME

BORDERS OF THE UNITED STATES.

(a) Operational Control of the United States Borders.--Notwithstanding any provision in this Act, the President shall ensure that operational control of all international land and maritime borders is achieved.

(b) Achieving Operational Control.--The Secretary of Homeland Security shall establish and demonstrate operational control of 100 percent of the international land and maritime borders of the United States, including the ability to monitor such borders through available methods and technology.

(1) Staff enhancements for border patrol.--The United States Customs and Border Protection Border Patrol may hire, train, and report for duty additional full-time agents. These additional agents shall be deployed along all international borders.

(2) Strong border barriers.--The United States Customs and Border Protection Border Patrol may:

(A) Install along all international borders of the United States vehicle barriers;

(B) Install along all international borders of the United States ground-based radar and cameras; and

(C) Deploy for use along all international borders of the United States unmanned aerial vehicles, and the supporting systems for such vehicles;

(1) In general.--Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit a report to Congress detailing the progress made in funding, meeting or otherwise satisfying each of the requirements described under paragraphs (1) and

(2).

SEC. 2. APPROPRIATIONS FOR SECURING LAND AND MARITIME BORDERS

OF THE UNITED STATES.

Any funds appropriated under this Act shall be used to ensure operational control is achieved for all international land and maritime borders of the United States.

______

SA 2517. Mr. GRASSLEY (for himself, Mr. Thune, Mr. Vitter, Mr. Coburn, Mr. Crapo, Mr, Hagel, and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 54, line 24, after ``House of Representatives'' insert ``and any Member of Congress representing any affected State or district''.

______

SA 2518. Mr. KYL (for himself, Mr. Martinez) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY

VERIFICATION BASIC PILOT PROGRAM.

Of the amounts appropriated for border security and employment verification improvements under section 1003,

$60,000,000 shall be made available to--

(1) ensure that State and local programs have sufficient access to, and are sufficiently coordinated with, the Federal Government's Employment Eligibility Verification System;

(2) ensure that such system has sufficient capacity to--

(A) register employers in States with employer verification requirements;

(B) respond to inquiries by employers; and

(3) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the basic pilot program, including appropriate privacy and security training for State employees.

______

SA 2519. Mr. OBAMA (for himself, Mr. Coburn, Mr. Casey, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, insert the following:

Sec. 536. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than 5 million or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no unpaid Federal tax assessments, that the contractor or grantee has entered into an installment agreement or offer in compromise that has been accepted by the IRS to resolve any unpaid Federal tax assessments, or, in the case of unpaid Federal tax assessments other than for income, estate, and gift taxes, that the liability for the unpaid assessments is the subject of a non frivolous administrative or judicial appeal. For purposes of the preceding sentence, the certification requirement of part 52.209-5 of the Federal Acquisition Regulation shall also include a requirement for a certification by a prospective contractor of whether, within the three-year period preceding the offer for the contract, the prospective contractor--

(1) has or has not been convicted of or had a civil judgment or other judicial determination rendered against the contractor for violating any tax law or failing to pay any tax;

(2) has or has not been notified of any delinquent taxes for which the liability remains unsatisfied; or

(3) has or has not received a notice of a tax lien filed against the contractor for which the liability remains unsatisfied or for which the lien has not been released.

______

SA 2520. Mrs. DOLE submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, add the following:

SEC. 536. DISASTER RELIEF FUND.

Notwithstanding any other provision of this Act, funds appropriated under this Act for the Disaster Relief Fund may only be used for programs and activities authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 et seq.).

______

SA 2521. Mr. ROBERTS (for himself and Ms. Brownback) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

Sec. __. (a) In this section:

(1) The term ``covered funds'' means funds provided under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) to a State that submits an application under that section not earlier than May 4, 2007, for a national emergency grant to address the effects of the May 4, 2007, Greensburg, Kansas tornado.

(2) The term ``professional municipal services'' means services that are necessary to facilitate the recovery of Greensburg, Kansas from that tornado, and necessary to plan for or provide basic management and administrative services, which may include--

(A) the overall coordination of disaster recovery and humanitarian efforts, oversight, and enforcement of building code compliance, and coordination of health and safety response units; or

(B) the delivery of humanitarian assistance to individuals affected by that tornado.

(b) Covered funds may be used to provide temporary public sector employment and services authorized under section 173 of such Act to individuals affected by such tornado, including individuals who were unemployed on the date of the tornado, or who are without employment history, in addition to individuals who are eligible for disaster relief employment under section 173(d)(2) of such Act.

(c) Covered funds may be used to provide professional municipal services for a period of not more than 24 months, by hiring or contracting with individuals or organizations

(including individuals employed by contractors) that the State involved determines are necessary to provide professional municipal services.

(d) Covered funds expended under this section may be spent on costs incurred not earlier than May 4, 2007.

______

SA 2522. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. 536. NATIONAL TRANSPORTATION SECURITY CENTER OF

EXCELLENCE.

If the Secretary of Homeland Security establishes a National Transportation Security Center of Excellence to conduct research and education activities, and to develop or provide professional security training, including the training of transportation employees and transportation professionals, the Mineta Transportation Institute at San Jose State University shall be included as a member institution of such Center.

______

SA 2523. Mr. KERRY (for himself and Mr. Hatch) submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR

ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

(a) Short Title.--This section may be cited as the ``Arts Require Timely Service Act'' or the ``ARTS Act''.

(b) Amendment.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended--

(1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and

(2) in paragraph (6)(D)--

(A) by striking ``(D) Any person'' and inserting the following:

``(D)(i) Except as provided under clause (ii), any person''; and

(B) by adding at the end the following:

``(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien who has extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and

(iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) not later than 30 days after--

``(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or

``(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.

``(iii) If a petition described in clause (ii) is not adjudicated before the end of the 30-day period described in clause (ii) and the petitioner is a qualified nonprofit organization or an individual or entity petitioning primarily on behalf of a qualified nonprofit organization, the Secretary of Homeland Security shall provide the petitioner with the premium-processing services referred to in section 286(u), without a fee.''.

______

SA 2524. Mr. COLEMAN (for himself and Mr. Allard, Ms. Klobuchar, and Mr. Salazar) submitted an amendment intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the end of the bill, insert the following:

Sec. __. Of amounts appropriated under section 1003,

$100,000,000, with $50,000,000 each to the Cities of Denver, Colorado, and St. Paul, Minnesota, shall be available for State and local law enforcement entities for security and related costs, including overtime, associated with the Democratic National Conventional and Republican National Convention in 2008. Amounts provided by this section are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

______

SA 2525. Ms. LANDRIEU proposed an amendment to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. EVACUATION AND SHELTERING.

(a) Regional Evacuation and Sheltering Plans.--

(1) In general.--Not later than 360 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in coordination with the heads of appropriate Federal agencies with responsibilities under the National Response Plan or any successor plan, States, local governments, and appropriate nongovernmental organizations, shall develop and submit to Congress, regional evacuation and sheltering plans that--

(A) are nationally coordinated;

(B) incorporate all appropriate modes of transportation, including interstate rail, commercial rail, commercial air, military air, and commercial bus;

(D) identify regional and national shelters capable of housing evacuees and victims of an emergency or major disaster in any part of the United States.

(2) Implementation.--After developing the plans described in paragraph (1), the Administrator of the Federal Emergency Management Agency and the head of any Federal agency with responsibilities under those plans shall take necessary measures to be able to implement those plans, including conducting exercises under such plans as appropriate.

(b) National Sheltering Database.--The Administrator of the Federal Emergency Management Agency, in coordination with States, local governments, and appropriate nongovernmental entities, shall develop a national database inventorying available shelters, that can be shared with States and local governments.

(1) In general.--The Administrator of the Federal Emergency Management Agency, in consultation with the heads of appropriate Federal agencies with responsibilities under the National Response Plan or any successor plan, shall conduct an analysis comparing the costs, benefits, and health and safety concerns of evacuating individuals with special needs during an emergency or major disaster, as compared to the costs, benefits, and safety concerns of sheltering such people in the area they are located when that emergency or major disaster occurs.

(2) Considerations.--In conducting the analysis under paragraph (1), the Administrator of the Federal Emergency Management Agency shall consider--

(A) areas with populations of not less than 20,000 individual needing medical assistance or lacking the ability to self evacuate;

(B) areas that do not have an all hazards resistance shelter; and

(3) Technical assistance.--The Administrator of the Federal Emergency Management Agency shall, as appropriate, provide technical assistance to States and local governments in developing and exercising evacuation and sheltering plans, which identify and use regional shelters, manpower, logistics, physical facilities, and modes of transportation to be used to evacuate and shelter large groups of people.

(d) Definitions.--In this section, the terms ``emergency'' and ``major disaster'' have the meanings given those terms in section 102 of ther Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

______

SA 2526. Ms. COLLINS (for herself and Mr. Grassley) submitted an amendment intended to be proposed to amendment SA 2338 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

At the appropriate place, insert:

Of the funds provided under this Act or any other Act to United States Citizenship and Immigration Services, not less than $1,000,000 shall be provided for a benefits fraud assessment of the H-1B Visa Program.

______

SA 2527. Mrs. MURRAY (for Ms. Landrieu) proposed an amendment to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; as follows:

On page 69, after line 24, add the following:

SEC. 536. IN-LIEU CONTRIBUTION.

The Administrator of the Federal Emergency Management Agency shall authorize a large in-lieu contribution under section 406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) to the Peebles School in Iberia Parish, Louisiana for damages relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005, notwithstanding section 406(c)(1)(C) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).

____________________

SOURCE: Congressional Record Vol. 153, No. 121

July 26, 2007 sees Congressional Record publish “TEXT OF AMENDMENTS”

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