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 U.S. Dept. of Energy was published in the Senate section on pages S12068-S12075 on Sept. 25, 2007.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3033. Mr. Demint submitted an amendment intended to be proposed to amendment SA 2237 submitted by Mr. Durbin (for himself, Mr. Hagel, Mr. Lugar, Mr. Leahy, Mr. Obama, Mr. Lieberman, Mrs. Feinstein, Mr. Kerry, Mr. Feingold, Mrs. Clinton, Mr. Bayh, Mr. Menendez, Mrs. Murray, Mrs. Boxer, Ms. Cantwell, Mr. Salazar, and Mr. Dodd) and intended to be proposed to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 19, after line 3, add the following:
SEC. 3313. EFFECTIVE DATE TRIGGERS.
(a) In General.--This title shall take effect on the date on which the Secretary of Homeland Security submits a written certification to the President and Congress, based on analysis by and in consultation with the Comptroller General, that each of the following border security and other measures are established, funded, and operational:
(1) Operational control of the international border with mexico.--The Secretary of Homeland Security has established and demonstrated 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 Commissioner of United States Customs and Border Protection Border Patrol has hired, trained, and reporting for duty 20,000 full-time agents as of the date of the certification under this subsection.
(3) Strong border barriers.--There have been--
(A) installed along the international land border between the United States and Mexico as of the date of the certification under this subsection, at least--
(i) 300 miles of vehicle barriers;
(ii) 370 miles of fencing; and
(iii) 105 ground-based radar and camera towers; and
(B) deployed for use along the along the international land border between the United States and Mexico, as of the date of the certification under this subsection, 4 unmanned aerial vehicles, and the supporting systems for such vehicles.
(4) Catch and return.--The Secretary of Homeland Security is detaining 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 has the resources to maintain this practice, including the resources necessary to detain up to 31,500 aliens per day on an annual basis.
(5) Workplace enforcement tools.--The Secretary of Homeland Security has established, and is using, secure and effective identification tools to prevent unauthorized workers from obtaining employment in the United States. Such identification tools shall include establishing--
(A) strict standards for identification documents that are required to be presented by the alien to an employer in the hiring process, including the use of secure documentation that--
(i) contains--
(I) a photograph of the alien; and
(II) biometric data identifying the alien; or
(ii) complies with the requirements for such documentation under the REAL ID Act of 2005 (division B of Public Law 109-13); and
(B) an electronic employment eligibility verification system that is capable of querying Federal and State databases in order to restrict fraud, identity theft, and use of false social security numbers in the hiring of aliens by an employer by electronically providing a digitized version of the photograph on the alien's original Federal or State issued document or documents for verification of that alien's identity and work eligibility.
(b) Sense of Congress.--It is the sense of Congress that the border security and other measures described in subsection (a) should be completed as soon as practicable, subject to the necessary appropriations.
(c) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of the 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 that describes--
(A) the progress made in funding, meeting, or otherwise satisfying each of the requirements described in subsection
(a); and
(B) 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 report required under paragraph (1) shall contain specific funding recommendations, authorization needed, or other actions that are or should be undertaken by the Secretary of Homeland Security.
(d) GAO Report.--Not later than 30 days after the certification is submitted under subsection (a), the Comptroller General shall submit a report to Congress on the accuracy of such certification.
(e) Certification of Implementation of Existing Provisions of Law.--
(1) In general.--In addition to the requirements under subsection (a), at such time as any of the provisions described in paragraph (2) have been satisfied, the Secretary of the department or agency responsible for implementing such requirements shall certify to the President that the provisions of paragraph (2) have been satisfied.
(2) Existing law.--A certification may not be made under paragraph (1) unless the following provisions of existing law have been fully implemented, as directed by the Congress:
(A) The Department of Homeland Security has achieved and maintained operational control over the entire international land and maritime borders of the United States as required under the Secure Fence Act of 2006 (Public Law 109-367).
(B) The total miles of fence required under the Secure Fence Act of 2006 have been constructed.
(C) All databases maintained by the Department of Homeland Security that contain information on aliens are fully integrated as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
(D) The Secretary of Homeland Security has implemented a system to record the departure of every alien departing the United States and of matching records of departure with the records of arrivals in the United States through the US-VISIT program as required by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note).
(E) The provision of law that prevents States and localities from adopting ``sanctuary'' policies or that prevents State and local employees from communicating with the Department of Homeland Security are being fully enforced as required by section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).
(F) The Department of Homeland Security maintains fully operational equipment at each port of entry and uses such equipment in a manner that allows unique biometric identifiers to be compared and visas, travel documents, passports, and other documents authenticated in accordance with section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732).
(G) An alien with a border crossing card cannot enter the United States until the biometric identifier on the border crossing card is matched against the alien in accordance with section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6)).
(H) Any alien who is likely to become a public charge is denied entry into the United States pursuant to section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)).
(f) Presidential Review of Certifications.--
(1) In general.--Not later than 60 days after the President has received a certification under subsection (e), the President may approve or disapprove the certification. Any Presidential disapproval of a certification shall be made if the President believes that the relevant requirements set forth in subsection (e) have not been met.
(2) Disapproval.--If the President disapproves a certification, the President shall provide the Secretary of the department or agency that made such certification with a notice that contains a description of the manner in which the requirement was not met. The Secretary of the department or agency responsible for implementing such requirement shall continue to work to implement such requirement.
(3) Continuation of implementation.--The Secretary of the department or agency responsible for implementing a requirement described in subsection (e) shall consider a certification submitted under subsection (e) to be approved unless the Secretary receives the notice set forth in paragraph (2). If a certification is deemed approved, the Secretary of Homeland Security shall continue to ensure that the requirement continues to be fully implemented as directed by Congress.
(g) Presidential Certification of Immigration Enforcement.--
(1) In general.--Not later than 90 days after the final certification has been approved by the President, the President shall submit to the Congress a notice of Presidential Certification of Immigration Enforcement.
(2) Report.--The certification required under paragraph (1) shall be submitted with an accompanying report that details such information as is necessary for the Congress to make an independent determination that each of the immigration enforcement measures has been fully and properly implemented.
(3) Contents.--The Presidential Certification required under paragraph (1) shall be submitted--
(A) to the Majority Leader, the Minority Leader, and the chairman and ranking member of the Committee on the Judiciary, the Committee on Homeland Security and Government Affairs, and the Committee on Finance of the Senate; and
(B) to the Speaker, the Majority Leader, the Minority Leader, and the chairman and ranking member of the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives.
(h) Congressional Review of Presidential Certification.--
(1) In general.--If a Presidential Certification of Immigration Enforcement is made by the President under this section, this title shall not be implemented unless, during the first 90-calendar day period of continuous session of the Congress after the date of the receipt by the Congress of such notice of Presidential Certification of Immigration Enforcement, Congress passes a Resolution of Presidential Certification of Immigration Enforcement in accordance with this subsection, and such resolution is enacted into law.
(2) Procedures applicable to the senate.--
(A) Rulemaking authority.--The provisions under this paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a Resolution of Immigration Enforcement, and such provisions supersede other rules of the Senate only to the extent that they are inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.
(B) Introduction; referral.--
(i) In general.--Not later than the first day on which the Senate is in session following the day on which any notice of Presidential Certification of Immigration Enforcement is received by the Congress, a Resolution of Presidential Certification of Immigration Enforcement shall be introduced
(by request) in the Senate by either the Majority Leader or Minority Leader. If such resolution is not introduced as provided in the preceding sentence, any Senator may introduce such resolution on the third day on which the Senate is in session after the date or receipt of the Presidential Certification of Immigration Enforcement.
(ii) Referral.--Upon introduction, a Resolution of Presidential Certification of Immigration Enforcement shall be referred jointly to each of the committees having jurisdiction over the subject matter referenced in the Presidential Certification of Immigration Enforcement by the President of the Senate. Upon the expiration of 60 days of continuous session after the introduction of the Resolution of Presidential Certification of Immigration Enforcement, each committee to which such resolution was referred shall make its recommendations to the Senate.
(iii) Discharge.--If any committee to which is referred a resolution introduced under paragraph (2)(A) has not reported such resolution at the end of 60 days of continuous session of the Congress after introduction of such resolution, such committee shall be discharged from further consideration of such resolution, and such resolution shall be placed on the legislative calendar of the Senate.
(C) Consideration.--
(i) In general.--When each committee to which a resolution has been referred has reported, or has been discharged from further consideration of, a resolution described in paragraph
(2)(C), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such resolution. Such motion shall not be debatable. If a motion to proceed to the consideration of such resolution is agreed to, such resolution shall remain the unfinished business of the Senate until the disposition of such resolution.
(ii) Debate.--Debate on a resolution, and on all debatable motions and appeals in connection with such resolution, shall be limited to not more than 30 hours, which shall be divided equally between Members favoring and Members opposing such resolution. A motion to further limit debate shall be in order and shall not be debatable. The resolution shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to recommit such resolution shall not be in order.
(iii) Final vote.--Immediately following the conclusion of the debate on a resolution of approval, and a single quorum call at the conclusion of such debate if requested in accordance with the rules of the Senate, the vote on such resolution shall occur.
(iv) Appeals.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution of approval shall be limited to 1 hour of debate.
(D) Receipt of a resolution from the house.--If the Senate receives from the House of Representatives a Resolution of Presidential Certification of Immigration Enforcement, the following procedures shall apply:
(i) The resolution of the House of Representatives shall not be referred to a committee and shall be placed on the Senate calendar, except that it shall not be in order to consider such resolution on the calendar received by the House of Representatives until such time as the Committee reports such resolution or is discharged from further consideration of a resolution, pursuant to this title.
(ii) With respect to the disposition by the Senate with respect to such resolution, on any vote on final passage of a resolution of the Senate with respect to such approval, a resolution from the House of Representatives with respect to such measures shall be automatically substituted for the resolution of the Senate.
(3) Procedures applicable to the house of representatives.--
(A) Rulemaking authority.--The provisions of this paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the House of Representatives, and as such they are deemed a part of the rules of the House of Representatives, but applicable only with respect to the procedure to be followed in the House of Representatives in the case of Resolutions of Certification Immigration Enforcement, and such provisions supersede other rules of the House of Representatives only to the extent that they are inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of the House of Representatives to change the rules (so far as relating to the procedure of the House of Representatives) at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives.
(B) Introduction; referral.--Resolutions of certification shall upon introduction, be immediately referred by the Speaker of the House of Representatives to the appropriate committee or committees of the House of Representatives. Any such resolution received from the Senate shall be held at the Speaker's table.
(C) Discharge.--Upon the expiration of 60 days of continuous session after the introduction of the first resolution of certification with respect to any measure, each committee to which such resolution was referred shall be discharged from further consideration of such resolution, and such resolution shall be referred to the appropriate calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred.
(D) Consideration.--It shall be in order for the Speaker to recognize a Member favoring a resolution to call up a resolution of certification after it has been on the appropriate calendar for 5 legislative days. When any such resolution is called up, the House of Representatives shall proceed to its immediate consideration and the Speaker shall recognize the Member calling up such resolution and a Member opposed to such resolution for 10 hours of debate in the House of Representatives, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be considered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to.
(E) Receipt of resolution from senate.--If the House of Representatives receives from the Senate a Resolution of Certification Immigration Enforcement, the following procedures shall apply:
(i) Such resolution shall not be referred to a committee.
(ii) With respect to the disposition of the House of Representatives with respect to such resolution--
(I) the procedure with respect to that or other resolutions of the House of Representatives shall be the same as if no resolution from the Senate with respect to such resolution had been received; but
(II) on any vote on final passage of a resolution of the House of Representatives with respect to such measures, a resolution from the Senate with respect to such resolution if the text is identical shall be automatically substituted for the resolution of the House of Representatives.
(i) Definitions.--In this section:
(1) Presidential certification of immigration enforcement.--The term ``Presidential Certification of Immigration Enforcement'' means the certification required under this section, which is signed by the President, and reads as follows:
``Pursuant to the provisions set forth in section 3313 of the National Defense Authorization Act for Fiscal Year 2008 (the
`Act'), I do hereby transmit the Certification of Immigration Enforcement, certify that the borders of the United States are substantially secure, and certify that the following provisions of the Act have been fully satisfied, the measures set forth below are fully implemented, and the border security measures set forth in this section are fully operational.''.
(2) Certification.--The term ``certification'' means any of the certifications required under subsection (a).
(3) Immigration enforcement measure.--The term
``immigration enforcement measure'' means any of the measures required to be certified pursuant to subsection (a).
(4) Resolution of presidential certification of immigration enforcement.--The term ``Resolution of Presidential Certification of Immigration Enforcement'' means a joint resolution of the Congress, the matter after the resolving clause of which is as follows:
``That Congress approves the certification of the President of the United States submitted to Congress on ____ that the national borders of the United States have been secured in accordance with the provisions set forth in section 3313 of the National Defense Authorization Act for Fiscal Year 2008.''.
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SA 3034. Mr. GREGG submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1070. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
PARENTS WHO ARE MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Child Custody Protection.--Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:
``SEC. 208. CHILD CUSTODY PROTECTION.
``(a) Limitation on Change of Custody.--If a motion for change of custody of a child of a servicemember is filed while the servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the servicemember, except--
``(1) with the express written consent of the servicemember to such change; or
``(2) that a court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interest of the child.
``(b) Completion of Deployment.--In any preceding covered by subsection (a)(2), a court shall require that, upon the return of the servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the servicemember is reinstated.
``(c) Exclusion of Military Service From Determination of Child's Best Interest.--If a motion for the change of custody of the child of a servicemember who was deployed in support of a contingency operation is filed after the end of the deployment, no court may consider the absence of the servicemember by reason of that deployment in determining the best interest of the child.
``(d) Contingency Operation Defined.--In this section, the term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code, except that the term may include such other deployments as the Secretary may prescribe.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:
``Sec. 208. Child custody protection.''.
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SA 3035. Mr. REID (for Mr. Kennedy (for himself and Mr. Smith)) proposed an amendment to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
In lieu of the matter proposed to be stricken insert the following:
SEC. 1070. HATE CRIMES.
(a) Short Title.--This section may be cited as the
``Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.
(3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
(4) Existing Federal law is inadequate to address this problem.
(5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
(6) Such violence substantially affects interstate commerce in many ways, including the following:
(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
(E) Such violence is committed using articles that have traveled in interstate commerce.
(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ``races''. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
(c) Definition of Hate Crime.--In this section--
(1) the term ``crime of violence'' has the meaning given that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.
(d) Support for Criminal Investigations and Prosecutions by State, Local, and Tribal Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of State, local, or Tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--
(i) constitutes a crime of violence;
(ii) constitutes a felony under the State, local, or Tribal laws; and
(iii) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or Tribal hate crime laws.
(B) Priority.--In providing assistance under subparagraph
(A), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
(2) Grants.--
(A) In general.--The Attorney General may award grants to State, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
(B) Office of justice programs.--In implementing the grant program under this paragraph, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
(C) Application.--
(i) In general.--Each State, local, and Indian law enforcement agency that desires a grant under this paragraph shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
(ii) Date for submission.--Applications submitted pursuant to clause (i) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.
(iii) Requirements.--A State, local, and Indian law enforcement agency applying for a grant under this paragraph shall--
(I) describe the extraordinary purposes for which the grant is needed;
(II) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
(III) demonstrate that, in developing a plan to implement the grant, the State, local, and Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
(IV) certify that any Federal funds received under this paragraph will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this paragraph.
(D) Deadline.--An application for a grant under this paragraph shall be approved or denied by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application.
(E) Grant amount.--A grant under this paragraph shall not exceed $100,000 for any single jurisdiction in any 1-year period.
(F) Report.--Not later than December 31, 2008, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this paragraph, the award of such grants, and the purposes for which the grant amounts were expended.
(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2008 and 2009.
(e) Grant Program.--
(1) Authority to award grants.--The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or Tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(f) Authorization for Additional Personnel to Assist State, Local, and Tribal Law Enforcement.--There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2008, 2009, and 2010 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by this section.
(g) Prohibition of Certain Hate Crime Acts.--
(1) In general.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.--
``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
``(I) death results from the offense; or
``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--
``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)--
``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
``(II) otherwise affects interstate or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--
``(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
``(B) the State has requested that the Federal Government assume jurisdiction;
``(C) the State does not object to the Federal Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''.
(2) Technical and conforming amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:
``249. Hate crime acts.''.
(h) Statistics.--
(1) In general.--Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender and gender identity,'' after ``race,''.
(2) Data.--Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ``, including data about crimes committed by, and crimes directed against, juveniles'' after ``data acquired under this section''.
(i) Severability.--If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
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SA 3036. Mr. WARNER submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XV, add the following:
SEC. 1535. NO INFRINGEMENT ON THE SOVEREIGN RIGHTS OF THE
NATION OF IRAQ.
In accordance with international law, no provision of this Act may be construed to infringe in any way or manner on the sovereign rights of the nation of Iraq.
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SA 3037. Mr. KERRY submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
SEC. 1070. SMALL HIGH-TECH FIRMS.
Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2016''.
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SA 3038. Mr. REID proposed an amendment to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
The provisions of this Act shall become effective 3 days after enactment.
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SA 3039. Mr. REID proposed an amendment to amendment SA 3038 proposed by Mr. Reid to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
Strike ``3'' and insert ``2''.
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SA 3040. Mr. REID proposed an amendment to amendment SA 3039 proposed by Mr. Reid to the amendment SA 3038 proposed by Mr. Reid to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
Strike ``2'' and insert ``1''.
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SA 3041. Mr. KERRY submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
SEC. 1070. SMALL HIGH-TECH FIRMS.
Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2010''.
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SA 3042. Mr. VITTER (for himself, Mr. Coburn, and Mr. Kyl) submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1031. VOTING BY DEPARTMENT OF DEFENSE PERSONNEL.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has consistently claimed that voting rates among members of the Armed Forces exceed 70 percent.
(2) The Status of Forces survey of the Department of Defense for the 2006 elections shows clearly that only 22 percent of eligible members of the Armed Forces were able to cast a ballot.
(3) The General Accountability Office report entitled
``Elections: Action Plans Needed to Fully Address Challenges in Electronic Absentee Voting Initiatives for Military and Overseas Citizens'' and dated June 14, 2007 (GAO-07-774), cites continued shortcomings with current Department of Defense efforts to facilitate voting by members of the Armed Forces and strongly recommends additional actions for that purpose.
(4) Congress has a fundamental responsibility to ensure that all members of the Armed Forces have a voice in our government.
(5) Troops who fight to defend America's democracy should have every opportunity to participate in that democracy by being able to cast a ballot and know that ballot has been counted.
(b) Oversight of Voting by Department of Defense Personnel.--
(1) Responsibility within dod.--The Secretary of Defense shall designate a single member of the Armed Forces to undertake responsibility for matters relating to voting by Department of Defense personnel. The member so designated shall report directly to the Secretary in the discharge of that responsibility.
(2) Responsibility within military departments.--The Secretary of each military department shall designate a single member of the Armed Forces under the jurisdiction of such Secretary to undertake responsibility for matters relating to voting by personnel of such military department. The member so designated shall report directly to such Secretary in the discharge of that responsibility.
(3) Management of military voting operations.--The Business Transformation Agency shall oversee the management of business systems and procedures of the Department of Defense with respect to military and overseas voting, including applicable communications with States and other non-Department entities regarding voting by Department of Defense personnel. In carrying out that responsibility, the Business Transformation Agency shall be responsible for the implementation of any pilot programs and other programs carried out for purposes of voting by Department of Defense personnel.
(4) Improvement of ballot distribution.--The Secretary of Defense shall undertake appropriate actions to streamline the distribution of ballots to Department of Defense personnel using electronic and Internet-based technology. In carrying out such actions, the Secretary shall seek to engage stakeholders in voting by Department of Defense personnel at all levels to ensure maximum participation in such actions by State and local election officials, other appropriate State officials, and members of the Armed Forces.
(5) Reports.--
(A) Initial report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of efforts to implement the requirements of this subsection.
(B) Report on plan of action.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth a comprehensive plan of action to ensure that members of the Armed Forces have the full opportunity to exercise their right to vote.
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SA 3043. Mr. BIDEN submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
On page 530, between lines 10 and 11, insert the following:
SEC. 3126. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS
CAPABILITIES.
(a) International Agreements on Nuclear Weapons Data.--The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations to conduct data collection and analysis to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon.
(b) International Agreements on Information on Radioactive Materials.--The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations--
(1) to acquire for the materials information program of the Department of Energy validated information on the physical characteristics of radioactive material produced, used, or stored at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon; and
(2) to obtain access to information described in paragraph
(1) in the event of--
(A) a nuclear detonation; or
(B) the interdiction or discovery of a nuclear device or weapon or nuclear material.
(c) Report on Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall, in coordination with the Secretary of State, submit to Congress a report identifying--
(1) the countries or international organizations with which the Secretary has sought to make agreements pursuant to subsections (a) and (b);
(2) any countries or international organizations with which such agreements have been finalized and the measures included in such agreements; and
(3) any major obstacles to completing such agreements with other countries and international organizations.
(d) Report on Standards and Capabilities.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report--
(1) setting forth standards and procedures to be used in determining accurately and in a timely manner any country or group that knowingly or negligently provides to another country or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device or weapon; or
(C) fissile material that could be used in a nuclear device or weapon;
(2) assessing the capability of the United States to collect and analyze nuclear material or debris in a manner consistent with the standards and procedures described in paragraph (1); and
(3) including a plan and proposed funding for rectifying any shortfalls in the nuclear forensics capabilities of the United States by September 30, 2010.
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SA 3044. Mr. COBURN submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 827. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID
CONTRACTS AND NONCOMPETITIVE GRANTS.
(a) Prohibition.--
(1) Contracts.--
(A) In general.--Notwithstanding any other provision of this Act, all contracts awarded by the Department of Defense to implement new programs or projects pursuant to congressional initiatives shall be awarded using competitive procedures in accordance with the requirements of section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.
(B) Bid requirement.--Except as provided in paragraph (3), no contract may be awarded by the Department of Defense to implement a new program or project pursuant to a congressional initiative unless more than one bid is received for such contract.
(2) Grants.--Notwithstanding any other provision of this Act, no funds may be awarded by the Department of Defense by grant or cooperative agreement to implement a new program or project pursuant to a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive or merit-based procedures to select the grantee or award recipient. Except as provided in paragraph
(3), no such grant or cooperative agreement may be awarded unless applications for such grant or cooperative agreement are received from two or more applicants that are not from the same organization and do not share any financial, fiduciary, or other organizational relationship.
(3) Waiver authority.--
(A) In general.--If the Secretary of Defense does not receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from unaffiliated applicants for a grant or cooperative agreement under paragraph (2), the Secretary may waive such bid or application requirement if the Secretary determines that the new program or project--
(i) cannot be implemented without a waiver; and
(ii) will help meet important national defense needs.
(B) Congressional notification.--If the Secretary of Defense waives a bid requirement under subparagraph (A), the Secretary must, not later than 10 days after exercising such waiver, notify Congress and the Committees on Armed Services of the Senate and the House of Representatives.
(4) Contracting authority.--The Secretary of Defense may, as appropriate, utilize existing contracts to carry out congressional initiatives.
(b) Annual Report.--
(1) In general.--Not later than December 31, 2008, and December 31 of each year thereafter, the Secretary of Defense shall submit to Congress a report on congressional initiatives for which amounts were appropriated or otherwise made available for the fiscal year ending during such year.
(2) Content.--Each report submitted under paragraph (1) shall include with respect to each contract, grant, or cooperative agreement awarded to implement a new program or project pursuant to a congressional initiative--
(A) the name of the recipient of the funds awarded through such contract or grant;
(B) the reason or reasons such recipient was selected for such contract or grant; and
(C) the number of entities that competed for such contract or grant.
(3) Publication.--Each report submitted under paragraph (1) shall be made publicly available through the Internet website of the Department of Defense.
(c) Congressional Initiative Defined.--In this section, the term ``congressional initiative'' means a provision of law or a directive contained within a committee report or joint statement of managers of an appropriations Act that specifies--
(1) the identity of a person or entity selected to carry out a project, including a defense system, for which funds are appropriated or otherwise made available by that provision of law or directive and that was not requested by the President in a budget submitted to Congress;
(2) the specific location at which the work for a project is to be done; and
(3) the amount of the funds appropriated or otherwise made available for such project.
(d) Applicability.--This section shall apply with respect to funds appropriated or otherwise made available for fiscal years beginning after September 30, 2007, and to congressional initiatives initiated after the date of the enactment of this Act.
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SA 3045. Mr. COBURN submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Joint and Multiservice Matters
SEC. 161. COMPETITION FOR THE PROCUREMENT OF INDIVIDUAL
WEAPONS.
(a) Certification by Military Departments.--Not later than March 1, 2008, the Secretary of each military department shall certify new requirements for individual weapons that take into account lessons learned from combat operations.
(b) Joint Requirements Oversight Council (JROC) Certification.--Not later than June 1, 2008, the Joint Requirements Oversight Council shall certify individual weapon calibers that best satisfy the requirements certified under subsection (a).
(c) Competition Required.--Each military department shall rapidly conduct full and open competitions for procurements to fulfill the requirements certified under subsections (a) and (b).
(d) Procurements Covered.--This section applies to the procurement of individual weapons less than .50 caliber (to include shotguns).
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SA 3046. Mr. BOND submitted an amendment intended to be proposed to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
After section 1064, insert the following:
SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF
SECURITY CLEARANCES.
(a) Demonstration Project.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall implement a demonstration project that applies new and innovative approaches to improve the processing of requests for security clearances.
(b) Evaluation.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall carry out an evaluation of the process for issuing security clearances and develop a specific plan and schedule for replacing such process with an improved process.
(c) Report.--Not later than 30 days after the date of the completion of the evaluation required by subsection (b), the Secretary of Defense and the Director of National Intelligence shall submit to Congress a report on--
(1) the results of the demonstration project carried out pursuant to subsection (a);
(2) the results of the evaluation carried out under subsection (b); and
(3) the specific plan and schedule for replacing the existing process for issuing security clearances with an improved process.
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SA 3047. Mr. CASEY (for Mr. Hatch) proposed an amendment to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
At the appropriate place in the substitute add the following:
SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL
INVESTIGATIONS AND PROSECUTIONS BY STATE AND
LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Studies.--
(1) Collection of data.--
(A) Definition of relevant offense.--In this paragraph, the term ``relevant offense'' means a crime described in subsection (b)(1) of the first section of Public Law 101-275
(28 U.S.C. 534 note) and a crime that manifests evidence of prejudice based on gender or age.
(B) Collection from cross-section of states.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the National Governors' Association, shall, if possible, select 10 jurisdictions with laws classifying certain types of offenses as relevant offenses and 10 jurisdictions without such laws from which to collect the data described in subparagraph (C) over a 12-month period.
(C) Data to be collected.--The data described in this paragraph are--
(i) the number of relevant offenses that are reported and investigated in the jurisdiction;
(ii) the percentage of relevant offenses that are prosecuted and the percentage that result in conviction;
(iii) the duration of the sentences imposed for crimes classified as relevant offenses in the jurisdiction, compared with the length of sentences imposed for similar crimes committed in jurisdictions with no laws relating to relevant offenses; and
(iv) references to and descriptions of the laws under which the offenders were punished.
(D) Costs.--Participating jurisdictions shall be reimbursed for the reasonable and necessary costs of compiling data collected under this paragraph.
(2) Study of relevant offense activity.--
(A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit to Congress a report that analyzes the data collected under paragraph (1) and under section 534 of title 28, United States Code, to determine the extent of relevant offense activity throughout the United States and the success of State and local officials in combating that activity.
(B) Identification of trends.--In the study conducted under subparagraph (A), the Comptroller General of the United States shall identify any trends in the commission of relevant offenses specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number and percentage of relevant offenses that are prosecuted and the number for which convictions are obtained.
(b) Assistance Other Than Financial Assistance.--At the request of a law enforcement official of a State or a political subdivision of a State, the Attorney General, acting through the Director of the Federal Bureau of Investigation and in cases where the Attorney General determines special circumstances exist, may provide technical, forensic, prosecutorial, or any other assistance in the criminal investigation or prosecution of any crime that--
(1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State; and
(3) is motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(c) Grants.--
(1) In general.--The Attorney General may, in cases where the Attorney General determines special circumstances exist, make grants to States and local subdivisions of States to assist those entities in the investigation and prosecution of crimes motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(2) Eligibility.--A State or political subdivision of a State applying for assistance under this subsection shall--
(A) describe the purposes for which the grant is needed; and
(B) certify that the State or political subdivision lacks the resources necessary to investigate or prosecute a crime motivated by animus against the victim by reason of the membership of the victim in a particular class or group.
(3) Deadline.--An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 10 days after the application is submitted.
(4) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single case.
(5) Report and audit.--Not later than December 31, 2008, the Attorney General, in consultation with the National Governors' Association, shall--
(A) submit to Congress a report describing the applications made for grants under this subsection, the award of such grants, and the effectiveness of the grant funds awarded; and
(B) conduct an audit of the grants awarded under this subsection to ensure that such grants are used for the purposes provided in this subsection.
(6) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 2008 and 2009 to carry out this section.
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