July 25, 2007 sees Congressional Record publish “TEXT OF AMENDMENTS”

Volume 153, No. 120 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 Department of Interior was published in the Senate section on pages S9929-S9982 on July 25, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2402. Mr. REID (for Mr. Levin (for himself, Mr. Akaka, Mr. McCain, Mr. Warner, Mrs. Murray, Mr. Graham, Mr. Kennedy, Mr. Sessions, Mr. Rockefeller, Ms. Collins, Mr. Byrd, Mr. Chambliss, Mr. Obama, Mrs. Dole, Mr. Lieberman, Mr. Cornyn, Mr. Sanders, Mr. Thune, Mr. Reed, Mr. Martinez, Mr. Brown, Mr. Nelson of Florida, Mr. Tester, Mr. Nelson of Nebraska, Mr. Bayh, Mrs. Clinton, Mr. Pryor, Mr. Webb, Mrs. McCaskill, Mr. Durbin, Ms. Stabenow, Ms. Mikulski, Mr. Cardin, Mr. Biden, Mr. Bingaman, Mr. Harkin, Mr. Bond, Mr. Isakson, Mr. Salazar, Ms. Klobuchar, Mr. Whitehouse, Mr. Lott, Mr. Dodd, Mrs. Hutchison, Mr. Coleman, Mr. Inhofe, Ms. Landrieu, Mr. Specter, Mr. Menendez, Mr. Hagel, Mr. Schumer, and Mr. Dorgan)) submitted an amendment intended to be proposed by Mr. Reid to the bill H.R. 1538, to amend title 10, United States Code, to improve the management of medical care, personnel actions, and quality of life issues for members of the Armed Forces who are receiving medical care in an outpatient status, and for other purposes; as follows:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Dignified Treatment of Wounded Warriors Act''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--WOUNDED WARRIOR MATTERS

Sec. 101. General definitions.

Subtitle A--Policy on Care, Management, and Transition of

Servicemembers With Serious Injuries or Illnesses

Sec. 111. Comprehensive policy on care, management, and transition of members of the Armed Forces with serious injuries or illnesses.

Sec. 112. Consideration of needs of women members of the Armed Forces and veterans.

Subtitle B--Health Care

PART I--Enhanced Availability of Care for Servicemembers

Sec. 121. Medical care and other benefits for members and former members of the Armed Forces with severe injuries or illnesses.

Sec. 122. Reimbursement of certain former members of the uniformed services with service-connected disabilities for travel for follow-on specialty care and related services.

PART II--CARE AND SERVICES FOR DEPENDENTS

Sec. 126. Medical care and services and support services for families of members of the Armed Forces recovering from serious injuries or illnesses.

Sec. 127. Extended benefits under TRICARE for primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty.

PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

Sec. 131. Comprehensive plans on prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.

Sec. 132. Improvement of medical tracking system for members of the

Armed Forces deployed overseas.

Sec. 133. Centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder.

Sec. 134. Review of mental health services and treatment for female members of the Armed Forces and veterans.

Sec. 135. Funding for improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder.

Sec. 136. Reports.

PART IV--OTHER MATTERS

Sec. 141. Joint electronic health record for the Department of Defense and Department of Veterans Affairs.

Sec. 142. Enhanced personnel authorities for the Department of Defense for health care professionals for care and treatment of wounded and injured members of the Armed Forces.

Sec. 143. Personnel shortages in the mental health workforce of the

Department of Defense, including personnel in the mental health workforce.

Subtitle C--Disability Matters

PART I--DISABILITY EVALUATIONS

Sec. 151. Utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.

Sec. 152. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed Forces.

Sec. 153. Review of separation of members of the Armed Forces separated from service with a disability rating of 20 percent disabled or less.

Sec. 154. Pilot programs on revised and improved disability evaluation system for members of the Armed Forces.

Sec. 155. Reports on Army action plan in response to deficiencies in the Army physical disability evaluation system.

PART II--OTHER DISABILITY MATTERS

Sec. 161. Enhancement of disability severance pay for members of the

Armed Forces.

Sec. 162. Traumatic Servicemembers' Group Life Insurance.

Sec. 163. Electronic transfer from the Department of Defense to the

Department of Veterans Affairs of documents supporting eligibility for benefits.

Sec. 164. Assessments of temporary disability retired list.

Subtitle D--Improvement of Facilities Housing Patients

Sec. 171. Standards for military medical treatment facilities, specialty medical care facilities, and military quarters housing patients.

Sec. 172. Reports on Army action plan in response to deficiencies identified at Walter Reed Army Medical Center.

Sec. 173. Construction of facilities required for the closure of Walter

Reed Army Medical Center, District of Columbia.

Subtitle E--Outreach and Related Information on Benefits

Sec. 181. Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses.

Subtitle F--Other Matters

Sec. 191. Study on physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom and Operation

Enduring Freedom and their families.

TITLE II--VETERANS MATTERS

Sec. 201. Sense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain injury.

Sec. 202. Individual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury.

Sec. 203. Use of non-Department of Veterans Affairs facilities for implementation of rehabilitation and community reintegration plans for traumatic brain injury.

Sec. 204. Research, education, and clinical care program on severe traumatic brain injury.

Sec. 205. Pilot program on assisted living services for veterans with traumatic brain injury.

Sec. 206. Research on traumatic brain injury.

Sec. 207. Age-appropriate nursing home care.

Sec. 208. Extension of period of eligibility for health care for combat service in the Persian Gulf war or future hostilities.

Sec. 209. Mental health: service-connection status and evaluations for certain veterans.

Sec. 210. Modification of requirements for furnishing outpatient dental services to veterans with a service-connected dental condition or disability.

Sec. 211. Demonstration program on preventing veterans at-risk of homelessness from becoming homeless.

Sec. 212. Clarification of purpose of the outreach services program of the Department of Veterans Affairs.

TITLE I--WOUNDED WARRIOR MATTERS

SEC. 101. GENERAL DEFINITIONS.

In this title:

(1) The term ``appropriate committees of Congress'' means--

(A) the Committees on Armed Services and Veterans' Affairs of the Senate; and

(B) the Committees on Armed Services and Veterans' Affairs of the House of Representatives.

(2) The term ``covered member of the Armed Forces'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list for a serious injury or illness.

(3) The term ``family member'', with respect to a member of the Armed Forces or a veteran, has the meaning given that term in section 411h(b) of title 37, United States Code.

(4) The term ``medical hold or medical holdover status'' means--

(A) the status of a member of the Armed Forces, including a member of the National Guard or Reserve, assigned or attached to a military hospital for medical care; and

(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces.

(5) The term ``serious injury or illness'', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

(6) The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code.

Subtitle A--Policy on Care, Management, and Transition of

Servicemembers With Serious Injuries or Illnesses

SEC. 111. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND

TRANSITION OF MEMBERS OF THE ARMED FORCES WITH

SERIOUS INJURIES OR ILLNESSES.

(a) Comprehensive Policy Required.--

(1) In general.--Not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent feasible, jointly develop and implement a comprehensive policy on the care and management of members of the Armed Forces who are undergoing medical treatment, recuperation, or therapy, are otherwise in medical hold or medical holdover status, or are otherwise on the temporary disability retired list for a serious injury or illness

(hereafter in this section referred to as a ``covered servicemembers'').

(2) Scope of policy.--The policy shall cover each of the following:

(A) The care and management of covered servicemembers while in medical hold or medical holdover status or on the temporary disability retired list.

(B) The medical evaluation and disability evaluation of covered servicemembers.

(D) The transition of covered servicemembers from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs.

(3) Consultation.--The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government and with appropriate non-governmental organizations having an expertise in matters relating to the policy.

(4) Update.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly update the policy on a periodic basis, but not less often than annually, in order to incorporate in the policy, as appropriate, the results of the reviews under subsections (b) and (c) and the best practices identified through pilot programs under section 154.

(b) Review of Current Policies and Procedures.--

(1) Review required.--In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent necessary, jointly and separately conduct a review of all policies and procedures of the Department of Defense and the Department of Veterans Affairs that apply to, or shall be covered by, the policy.

(2) Purpose.--The purpose of the review shall be to identify the most effective and patient-oriented approaches to care and management of covered servicemembers for purposes of--

(A) incorporating such approaches into the policy; and

(B) extending such approaches, where applicable, to care and management of other injured or ill members of the Armed Forces and veterans.

(3) Elements.--In conducting the review, the Secretary of Defense and the Secretary of Veterans Affairs shall--

(A) identify among the policies and procedures described in paragraph (1) best practices in approaches to the care and management described in that paragraph;

(B) identify among such policies and procedures existing and potential shortfalls in such care and management

(including care and management of covered servicemembers on the temporary disability retired list), and determine means of addressing any shortfalls so identified;

(C) determine potential modifications of such policies and procedures in order to ensure consistency and uniformity among the military departments and the regions of the Department of Veterans Affairs in their application and discharge; and

(D) develop recommendations for legislative and administrative action necessary to implement the results of the review.

(4) Deadline for completion.--The review shall be completed not later than 90 days after the date of the enactment of this Act.

(c) Consideration of Findings, Recommendations, and Practices.--In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall take into account the following:

(1) The findings and recommendations of applicable studies, reviews, reports, and evaluations that address matters relating to the policy, including, but not limited, to the following:

(A) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center appointed by the Secretary of Defense.

(B) The Secretary of Veterans Affairs Task Force on Returning Global War on Terror Heroes appointed by the President.

(D) The Veterans' Disability Benefits Commission established by title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 38 U.S.C. 1101 note).

(E) The President's Commission on Veterans' Pensions, of 1956, chaired by General Omar N. Bradley.

(F) The Report of the Congressional Commission on Servicemembers and Veterans Transition Assistance, of 1999, chaired by Anthony J. Principi.

(G) The President's Task Force to Improve Health Care Delivery for Our Nation's Veterans, of March 2003.

(2) The experience and best practices of the Department of Defense and the military departments on matters relating to the policy.

(3) The experience and best practices of the Department of Veterans Affairs on matters relating to the policy.

(4) Such other matters as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate.

(d) Particular Elements of Policy.--The policy required by this section shall provide, in particular, the following:

(1) Responsibility for covered servicemembers in medical hold or medical holdover status or on temporary disability retired list.--Mechanisms to ensure responsibility for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including the following:

(A) Uniform standards for access of covered servicemembers to non-urgent health care services from the Department of Defense or other providers under the TRICARE program, with such access to be--

(i) for follow-up care, within 2 days of request of care;

(ii) for specialty care, within 3 days of request of care;

(iii) for diagnostic referrals and studies, within 5 days of request; and

(iv) for surgery based on a physician's determination of medical necessity, within 14 days of request.

(B) Requirements for the assignment of adequate numbers of personnel for the purpose of responsibility for and administration of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.

(C) Requirements for the assignment of adequate numbers of medical personnel and non-medical personnel to roles and responsibilities for caring for and administering covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, and a description of the roles and responsibilities of personnel so assigned.

(D) Guidelines for the location of care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, which guidelines shall address the assignment of such servicemembers to care and residential facilities closest to their duty station or home of record or the location of their designated caregiver at the earliest possible time.

(E) Criteria for work and duty assignments of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including a prohibition on the assignment of duty to a servicemember which is incompatible with the servicemember's medical condition.

(F) Guidelines for the provision of care and counseling for eligible family members of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.

(G) Requirements for case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including qualifications for personnel providing such case management.

(H) Requirements for uniform quality of care and administration for all covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether members of the regular components of the Armed Forces or members of the reserve components of the Armed Forces.

(I) Standards for the conditions and accessibility of residential facilities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list who are in outpatient status, and for their immediate family members.

(J) Requirements on the provision of transportation and subsistence for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether in inpatient status or outpatient status, to facilitate obtaining needed medical care and services.

(K) Requirements on the provision of educational and vocational training and rehabilitation opportunities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list.

(L) Procedures for tracking and informing covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list about medical evaluation board and physical disability evaluation board processing.

(M) Requirements for integrated case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list during their transition from care and treatment through the Department of Defense to care and treatment through the Department of Veterans Affairs.

(N) Requirements and standards for advising and training, as appropriate, family members with respect to care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list with serious medical conditions, particularly traumatic brain injury (TBI), burns, and post-traumatic stress disorder

(PTSD).

(O) Requirements for periodic reassessments of covered servicemembers, and limits on the length of time such servicemembers may be retained in medical hold or medical holdover status or on the temporary disability retired list.

(P) Requirements to inform covered servicemembers and their family members of their rights and responsibilities while in medical hold or medical holdover status or on the temporary disability retired list.

(Q) The requirement to establish a Department of Defense-wide Ombudsman Office within the Office of the Secretary of Defense to provide oversight of the ombudsman offices in the military departments and policy guidance to such offices with respect to providing assistance to, and answering questions from, covered servicemembers and their families.

(2) Medical evaluation and physical disability evaluation for covered servicemembers.--

(A) Medical evaluations.--Processes, procedures, and standards for medical evaluations of covered servicemembers, including the following:

(i) Processes for medical evaluations of covered servicemembers that are--

(I) applicable uniformly throughout the military departments; and

(II) applicable uniformly with respect to such servicemembers who are members of the regular components of the Armed Forces and such servicemembers who are members of the National Guard and Reserve.

(ii) Standard criteria and definitions for determining the achievement for covered servicemembers of the maximum medical benefit from treatment and rehabilitation.

(iii) Standard timelines for each of the following:

(I) Determinations of fitness for duty of covered servicemembers.

(II) Specialty consultations for covered servicemembers.

(III) Preparation of medical documents for covered servicemembers.

(IV) Appeals by covered servicemembers of medical evaluation determinations, including determinations of fitness for duty.

(iv) Uniform standards for qualifications and training of medical evaluation board personnel, including physicians, case workers, and physical disability evaluation board liaison officers, in conducting medical evaluations of covered servicemembers.

(v) Standards for the maximum number of medical evaluation cases of covered servicemembers that are pending before a medical evaluation board at any one time, and requirements for the establishment of additional medical evaluation boards in the event such number is exceeded.

(vi) Uniform standards for information for covered servicemembers, and their families, on the medical evaluation board process and the rights and responsibilities of such servicemembers under that process, including a standard handbook on such information.

(B) Physical disability evaluations.--Processes, procedures, and standards for physical disability evaluations of covered servicemembers, including the following:

(i) A non-adversarial process of the Department of Defense and the Department of Veterans Affairs for disability determinations of covered servicemembers.

(ii) To the extent feasible, procedures to eliminate unacceptable discrepancies among disability ratings assigned by the military departments and the Department of Veterans Affairs, particularly in the disability evaluation of covered servicemembers, which procedures shall be subject to the following requirements and limitations:

(I) Such procedures shall apply uniformly with respect to covered servicemembers who are members of the regular components of the Armed Forces and covered servicemembers who are members of the National Guard and Reserve.

(II) Under such procedures, each Secretary of a military department shall, to the extent feasible, utilize the standard schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of such schedule by the United States Court of Appeals for Veterans Claims, in making any determination of disability of a covered servicemember.

(iii) Standard timelines for appeals of determinations of disability of covered servicemembers, including timelines for presentation, consideration, and disposition of appeals.

(iv) Uniform standards for qualifications and training of physical disability evaluation board personnel in conducting physical disability evaluations of covered servicemembers.

(v) Standards for the maximum number of physical disability evaluation cases of covered servicemembers that are pending before a physical disability evaluation board at any one time, and requirements for the establishment of additional physical disability evaluation boards in the event such number is exceeded.

(vi) Procedures for the provision of legal counsel to covered servicemembers while undergoing evaluation by a physical disability evaluation board.

(vii) Uniform standards on the roles and responsibilities of case managers, servicemember advocates, and judge advocates assigned to covered servicemembers undergoing evaluation by a physical disability board, and uniform standards on the maximum number of cases involving such servicemembers that are to be assigned to such managers and advocates.

(C) Return of covered servicemembers to active duty.--Standards for determinations by the military departments on the return of covered servicemembers to active duty in the Armed Forces.

(D) Transition of covered servicemembers from dod to va.--Processes, procedures, and standards for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs before, during, and after separation from the Armed Forces, including the following:

(i) A uniform, patient-focused policy to ensure that the transition occurs without gaps in medical care and the quality of medical care, benefits, and services.

(ii) Procedures for the identification and tracking of covered servicemembers during the transition, and for the coordination of care and treatment of such servicemembers during the transition, including a system of cooperative case management of such servicemembers by the Department of Defense and the Department of Veterans Affairs during the transition.

(iii) Procedures for the notification of Department of Veterans Affairs liaison personnel of the commencement by covered servicemembers of the medical evaluation process and the physical disability evaluation process.

(iv) Procedures and timelines for the enrollment of covered servicemembers in applicable enrollment or application systems of the Department of Veterans with respect to health care, disability, education, vocational rehabilitation, or other benefits.

(v) Procedures to ensure the access of covered servicemembers during the transition to vocational, educational, and rehabilitation benefits available through the Department of Veterans Affairs.

(vi) Standards for the optimal location of Department of Defense and Department of Veterans Affairs liaison and case management personnel at military medical treatment facilities, medical centers, and other medical facilities of the Department of Defense.

(vii) Standards and procedures for integrated medical care and management for covered servicemembers during the transition, including procedures for the assignment of medical personnel of the Department of Veterans Affairs to Department of Defense facilities to participate in the needs assessments of such servicemembers before, during, and after their separation from military service.

(viii) Standards for the preparation of detailed plans for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs, which plans shall be based on standardized elements with respect to care and treatment requirements and other applicable requirements.

(E) Other matters.--The following additional matters with respect to covered servicemembers:

(i) Access by the Department of Veterans Affairs to the military health records of covered servicemembers who are receiving care and treatment, or are anticipating receipt of care and treatment, in Department of Veterans Affairs health care facilities.

(ii) Requirements for utilizing, in appropriate cases, a single physical examination that meets requirements of both the Department of Defense and the Department of Veterans Affairs for covered servicemembers who are being retired, separated, or released from military service.

(iii) Surveys and other mechanisms to measure patient and family satisfaction with the provision by the Department of Defense and the Department of Veterans Affairs of care and services for covered servicemembers, and to facilitate appropriate oversight by supervisory personnel of the provision of such care and services.

(3) Report on reduction in disability ratings by the department of defense.--The Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives on the number of instances in which a disability rating assigned to a member of the Armed Forces by an informal physical evaluation board of the Department of Defense was reduced upon appeal, and the reasons for such reduction. Such report shall cover the period beginning October 7, 2001, and ending September 30, 2006, and shall be submitted to the appropriate committees of Congress by February 1, 2008.

(e) Reports.--

(1) Report on policy.--Upon the development of the policy required by this section but not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the policy, including a comprehensive and detailed description of the policy and of the manner in which the policy addresses the findings and recommendations of the reviews under subsections (b) and (c).

(2) Reports on update.--Upon updating the policy under subsection (a)(4), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the update of the policy, including a comprehensive and detailed description of such update and of the reasons for such update.

(f) Comptroller General Assessment of Implementation.--Not later than six months after the date of the enactment of this Act and every year thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Secretary of Defense and the Secretary of Veterans Affairs in developing and implementing the policy required by this section.

SEC. 112. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE

ARMED FORCES AND VETERANS.

(a) In General.--In developing and implementing the policy required by section 111, and in otherwise carrying out any other provision of this title or any amendment made by this title, the Secretary of Defense and the Secretary of Veterans Affairs shall take into account and fully address any unique specific needs of women members of the Armed Forces and women veterans under such policy or other provision.

(b) Reports.--In submitting any report required by this title or an amendment made by this title, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent applicable, include a description of the manner in which the matters covered by such report address the unique specific needs of women members of the Armed Forces and women veterans.

Subtitle B--Health Care

PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS

SEC. 121. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND

FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE

INJURIES OR ILLNESSES.

(a) Medical and Dental Care for Members and Former Members.--

(1) In general.--Effective as of the date of the enactment of this Act and subject to regulations prescribed by the Secretary of Defense, any covered member of the Armed Forces, and any former member of the Armed Forces, with a severe injury or illness is entitled to medical and dental care in any facility of the uniformed services under section 1074(a) of title 10, United States Code, or through any civilian health care provider authorized by the Secretary to provide health and mental health services to members of the uniformed services, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD), as if such member or former member were a member of the uniformed services described in paragraph (2) of such section who is entitled to medical and dental care under such section.

(2) Period of authorized care.--(A) Except as provided in subparagraph (B), a member or former member described in paragraph (1) is entitled to care under that paragraph--

(i) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated during the period beginning on October 7, 2001, and ending on the date of the enactment of this Act, during the three-year period beginning on the date of the enactment of this Act, except that no compensation is payable by reason of this subsection for any period before the date of the enactment of this Act; or

(ii) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated on or after the date of the enactment of this Act, during the three-year period beginning on the date on which such injury or illness is so incurred or aggravated.

(B) The period of care authorized for a member or former member under this paragraph may be extended by the Secretary concerned for an additional period of up to two years if the Secretary concerned determines that such extension is necessary to assure the maximum feasible recovery and rehabilitation of the member or former member. Any such determination shall be made on a case-by-case basis.

(3) Integrated care management.--The Secretary of Defense shall provide for a program of integrated care management in the provision of care and services under this subsection, which management shall be provided by appropriate medical and case management personnel of the Department of Defense and the Department of Veterans Affairs (as approved by the Secretary of Veterans Affairs) and with appropriate support from the Department of Defense regional health care support contractors.

(4) Waiver of limitations to maximize care.--The Secretary of Defense may, in providing medical and dental care to a member or former member under this subsection during the period referred to in paragraph (2), waive any limitation otherwise applicable under chapter 55 of title 10, United States Code, to the provision of such care to the member or former member if the Secretary considers the waiver appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member.

(5) Construction with eligibility for veterans benefits.--Nothing in this subsection shall be construed to reduce, alter, or otherwise affect the eligibility or entitlement of a member or former member of the Armed Forces to any health care, disability, or other benefits to which the member of former member would otherwise be eligible or entitled as a veteran under the laws administered by the Secretary of Veterans Affairs.

(6) Sunset.--The Secretary of Defense may not provide medical or dental care to a member or former member of the Armed Forces under this subsection after December 31, 2012, if the Secretary has not provided medical or dental care to the member or former member under this subsection before that date.

(b) Rehabilitation and Vocational Benefits.--

(1) In general.--Effective as of the date of the enactment of this Act, a member of the Armed Forces with a severe injury or illness is entitled to such benefits (including rehabilitation and vocational benefits, but not including compensation) from the Secretary of Veterans Affairs to facilitate the recovery and rehabilitation of such member as the Secretary otherwise provides to members of the Armed Forces receiving medical care in medical facilities of the Department of Veterans Affairs facilities in order to facilitate the recovery and rehabilitation of such members.

(2) Limitations.--The provisions of paragraphs (2) through

(6) of subsection (a) shall apply to the provision of benefits under this subsection as if the benefits provided under this subsection were provided under subsection (a).

(3) Reimbursement.--The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for the cost of any benefits provided under this subsection in accordance with applicable mechanisms for the reimbursement of the Secretary of Veterans Affairs for the provision of medical care to members of the Armed Forces.

(1) In general.--Commencing not later than 60 days after the date of the enactment of this Act, the Secretary of the military department concerned may reimburse covered members of the Armed Forces, and former members of the Armed Forces, with a severe injury or illness for covered expenses incurred by such members or former members, or their family members, in connection with the receipt by such members or former members of medical care that is required for such injury or illness.

(2) Covered expenses.--Expenses for which reimbursement may be made under paragraph (1) include the following:

(A) Expenses for health care services for which coverage would be provided under section 1074(c) of title 10, United States Code, for members of the uniformed services on active duty.

(B) Expenses of travel of a non-medical attendant who accompanies a member or former member of the Armed Forces for required medical care that is not available to such member or former member locally, if such attendant is appointed for that purpose by a competent medical authority (as determined under regulations prescribed by the Secretary of Defense for purposes of this subsection).

(3) Amount of reimbursement.--The amount of reimbursement under paragraph (1) for expenses covered by paragraph (2) shall be determined in accordance with regulations prescribed by the Secretary of Defense for purposes of this subsection.

(d) Severe Injury or Illness Defined.--In this section, the term ``severe injury or illness'' means any serious injury or illness that is assigned a disability rating of 30 percent or higher under the schedule for rating disabilities in use by the Department of Defense.

SEC. 122. REIMBURSEMENT OF CERTAIN FORMER MEMBERS OF THE

UNIFORMED SERVICES WITH SERVICE-CONNECTED

DISABILITIES FOR TRAVEL FOR FOLLOW-ON SPECIALTY

CARE AND RELATED SERVICES.

(a) Travel.--Section 1074i of title 10, United States Code, is amended--

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

``(b) Follow-on Specialty Care and Related Services.--In any case in which a former member of a uniformed service who incurred a disability while on active duty in a combat zone or during performance of duty in combat related operations

(as designated by the Secretary of Defense), and is entitled to retired or retainer pay, or equivalent pay, requires follow-on specialty care, services, or supplies related to such disability at a specific military treatment facility more than 100 miles from the location in which the former member resides, the Secretary shall provide reimbursement for reasonable travel expenses comparable to those provided under subsection (a) for the former member, and when accompaniment by an adult is determined by competent medical authority to be necessary, for a spouse, parent, or guardian of the former member, or another member of the former member's family who is at least 21 years of age.''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect January 1, 2008, and shall apply with respect to travel that occurs on or after that date.

PART II--CARE AND SERVICES FOR DEPENDENTS

SEC. 126. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR

FAMILIES OF MEMBERS OF THE ARMED FORCES

RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.

(a) Medical Care.--

(1) In general.--A family member of a covered member of the Armed Forces who is not otherwise eligible for medical care at a military medical treatment facility or at medical facilities of the Department of Veterans Affairs shall be eligible for such care at such facilities, on a space-available basis, if the family member is--

(A) on invitational orders while caring for the covered member of the Armed Forces;

(B) a non-medical attendee caring for the covered member of the Armed Forces; or

(2) Specification of family members.--Notwithstanding section 101(3), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe in regulations the family members of covered members of the Armed Forces who shall be considered to be a family member of a covered member of the Armed Forces for purposes of paragraph (1).

(3) Specification of care.--(A) The Secretary of Defense shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at military medical treatment facilities.

(B) The Secretary of Veterans Affairs shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at medical facilities of the Department of Veterans Affairs.

(4) Recovery of costs.--The United States may recover the costs of the provision of medical care and counseling under paragraph (1) as follows (as applicable):

(A) From third-party payers, in the same manner as the United States may collect costs of the charges of health care provided to covered beneficiaries from third-party payers under section 1095 of title 10, United States Code.

(B) As if such care and counseling was provided under the authority of section 1784 of title 38, United States Code.

(b) Job Placement Services.--A family member who is on invitational orders or is a non-medical attendee while caring for a covered member of the Armed Forces for more than 45 days during a one-year period shall be eligible for job placement services otherwise offered by the Department of Defense.

(c) Report on Need for Additional Services.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the assessment of the Secretary of the need for additional employment services, and of the need for employment protection, of family members described in subsection (b) who are placed on leave from employment or otherwise displaced from employment while caring for a covered member of the Armed Forces as described in that subsection.

SEC. 127. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY

CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES

WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE

DUTY.

(a) In General.--Section 1079(d) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively; and

(2) by inserting after paragraph (1) the following new paragraph (2):

``(2)(A) Subject to such terms, conditions, and exceptions as the Secretary of Defense considers appropriate, the program of extended benefits for eligible dependents under this subsection shall include extended benefits for the primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty.

``(B) The Secretary of Defense shall prescribe in regulations the individuals who shall be treated as the primary caregivers of a member of the uniformed services for purposes of this paragraph.

``(C) For purposes of this section, a serious injury or illness, with respect to a member of the uniformed services, is an injury or illness that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating and that renders a member of the uniformed services dependant upon a caregiver.''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2008.

PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

SEC. 131. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS,

MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN

INJURY AND POST-TRAUMATIC STRESS DISORDER IN

MEMBERS OF THE ARMED FORCES.

(a) Plans Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, submit to the congressional defense committees one or more comprehensive plans for programs and activities of the Department of Defense to prevent, diagnose, mitigate, treat, and otherwise respond to traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in members of the Armed Forces.

(b) Elements.--Each plan submitted under subsection (a) shall include comprehensive proposals of the Department on the following:

(1) The designation by the Secretary of Defense of a lead agent or executive agent for the Department to coordinate development and implementation of the plan.

(2) The improvement of personnel protective equipment for members of the Armed Forces in order to prevent traumatic brain injury.

(3) The improvement of methods and mechanisms for the detection and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces in the field.

(4) The requirements for research on traumatic brain injury and post-traumatic stress disorder, including (in particular) research on pharmacological approaches to treatment for traumatic brain injury or post-traumatic stress disorder, as applicable, and the allocation of priorities among such research.

(5) The development, adoption, and deployment of diagnostic criteria for the detection and evaluation of the range of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, which criteria shall be employed uniformly across the military departments in all applicable circumstances, including provision of clinical care and assessment of future deployability of members of the Armed Forces.

(6) The development and deployment of effective means of assessing traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including a system of pre-deployment and post-deployment screenings of cognitive ability in members for the detection of cognitive impairment, as required by the amendments made by section 132.

(7) The development and deployment of effective means of managing and monitoring members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder in the receipt of care for traumatic brain injury or post-traumatic stress disorder, as applicable, including the monitoring and assessment of treatment and outcomes.

(8) The development and deployment of an education and awareness training initiative designed to reduce the negative stigma associated with traumatic brain injury, post-traumatic stress disorder, and mental health treatment.

(9) The provision of education and outreach to families of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder on a range of matters relating to traumatic brain injury or post-traumatic stress disorder, as applicable, including detection, mitigation, and treatment.

(10) The assessment of the current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.

(11) The identification of gaps in current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces.

(12) The identification of the resources required for the Department in fiscal years 2009 thru 2013 to address the gaps in capabilities identified under paragraph (11).

(13) The development of joint planning among the Department of Defense, the military departments, and the Department of Veterans Affairs for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including planning for the seamless transition of such members from care through the Department of Defense care through the Department of Veterans Affairs.

(14) A requirement that exposure to a blast or blasts be recorded in the records of members of the Armed Forces.

(15) The development of clinical practice guidelines for the diagnosis and treatment of blast injuries in members of the Armed Forces, including, but not limited to, traumatic brain injury.

(16) A program under which each member of the Armed Forces who incurs a traumatic brain injury or post-traumatic stress disorder during service in the Armed Forces--

(A) is enrolled in the program; and

(B) receives, under the program, treatment and rehabilitation meeting a standard of care such that each individual who is a member of the Armed Forces who qualifies for care under the program shall--

(i) be provided the highest quality of care possible based on the medical judgment of qualified medical professionals in facilities that most appropriately meet the specific needs of the individual; and

(ii) be rehabilitated to the fullest extent possible using the most up-to-date medical technology, medical rehabilitation practices, and medical expertise available.

(17) A requirement that if a member of the Armed Forces participating in a program established in accordance with paragraph (16) believes that care provided to such participant does not meet the standard of care specified in subparagraph (B) of such paragraph, the Secretary of Defense shall, upon request of the participant, provide to such participant a referral to another Department of Defense or Department of Veterans Affairs provider of medical or rehabilitative care for a second opinion regarding the care that would meet the standard of care specified in such subparagraph.

(18) The provision of information by the Secretary of Defense to members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder and their families about their rights with respect to the following:

(A) The receipt of medical and mental health care from the Department of Defense and the Department of Veterans Affairs.

(B) The options available to such members for treatment of traumatic brain injury and post-traumatic stress disorder.

(D) The options available to such members for a referral to a public or private provider of medical or rehabilitative care.

(E) The right to administrative review of any decision with respect to the provision of care by the Department of Defense for such members.

(c) Coordination in Development.--Each plan submitted under subsection (a) shall be developed in coordination with the Secretary of the Army (who was designated by the Secretary of Defense as executive agent for the prevention, mitigation, and treatment of blast injuries under section 256 of the National Defense Authorization Act for Fiscal Year 2006

(Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)).

(d) Additional Activities.--In carrying out programs and activities for the prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, the Secretary of Defense shall--

(1) examine the results of the recently completed Phase 2 study, funded by the National Institutes of Health, on the use of progesterone for acute traumatic brain injury;

(2) determine if Department of Defense funding for a Phase 3 clinical trial on the use of progesterone for acute traumatic brain injury, or for further research regarding the use of progesterone or its metabolites for treatment of traumatic brain injury, is warranted; and

(3) provide for the collaboration of the Department of Defense, as appropriate, in clinical trials and research on pharmacological approaches to treatment for traumatic brain injury and post-traumatic stress disorder that is conducted by other departments and agencies of the Federal Government.

SEC. 132. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS

OF THE ARMED FORCES DEPLOYED OVERSEAS.

(a) Protocol for Assessment of Cognitive Functioning.--

(1) Protocol required.--Subsection (b) of section 1074f of title 10, United States Code, is amended--

(A) in paragraph (2), by adding at the end the following new subparagraph:

``(C) An assessment of post-traumatic stress disorder.''; and

(B) by adding at the end the following new paragraph:

``(3)(A) The Secretary shall establish for purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for the predeployment assessment and documentation of the cognitive

(including memory) functioning of a member who is deployed outside the United States in order to facilitate the assessment of the postdeployment cognitive (including memory) functioning of the member.

``(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic brain injury in members returning from deployment in a combat zone.''.

(2) Pilot projects.--(A) In developing the protocol required by paragraph (3) of section 1074f(b) of title 10, United States Code (as amended by paragraph (1) of this subsection), for purposes of assessments for traumatic brain injury, the Secretary of Defense shall conduct up to three pilot projects to evaluate various mechanisms for use in the protocol for such purposes. One of the mechanisms to be so evaluated shall be a computer-based assessment tool.

(B) Not later than 60 days after the completion of the pilot projects conducted under this paragraph, the Secretary shall submit to the appropriate committees of Congress a report on the pilot projects. The report shall include--

(i) a description of the pilot projects so conducted;

(ii) an assessment of the results of each such pilot project; and

(iii) a description of any mechanisms evaluated under each such pilot project that will incorporated into the protocol.

(C) Not later than 180 days after completion of the pilot projects conducted under this paragraph, the Secretary shall establish a mechanism for implementing any mechanism evaluated under such a pilot project that is selected for incorporation in the protocol.

(D) There is hereby authorized to be appropriated to the Department of Defense, $3,000,000 for the pilot projects authorized by this paragraph. Of the amount so authorized to be appropriated, not more than $1,000,000 shall be available for any particular pilot project.

(b) Quality Assurance.--Subsection (d)(2) of section 1074f of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(F) The diagnosis and treatment of traumatic brain injury and post-traumatic stress disorder.''.

(1) in the subsection heading, by striking ``Mental Health''; and

(2) in paragraph (2)(B), by striking ``or'' and inserting

``, traumatic brain injury, or''.

SEC. 133. CENTERS OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS,

MITIGATION, TREATMENT, AND REHABILITATION OF

TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC

STRESS DISORDER.

(a) Center of Excellence on Traumatic Brain Injury.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section:

``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,

Mitigation, Treatment, and Rehabilitation of Traumatic

Brain Injury

``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury (TBI), including mild, moderate, and severe traumatic brain injury, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury'.

``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities

(including international entities) to carry out the responsibilities specified in subsection (c).

``(c) Responsibilities.--The Center shall have responsibilities as follows:

``(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury.

``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of traumatic brain injury.

``(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces with traumatic brain injury.

``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of traumatic brain injury.

``(5) To facilitate advancements in the study of the short-term and long-term psychological effects of traumatic brain injury.

``(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals, with respect to traumatic brain injury.

``(7) To conduct basic science and translational research on traumatic brain injury for the purposes of understanding the etiology of traumatic brain injury and developing preventive interventions and new treatments.

``(8) To develop outreach strategies and treatments for families of members of the armed forces with traumatic brain injury in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from traumatic brain injury.

``(9) To conduct research on the unique mental health needs of women members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.

``(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.

``(11) To conduct research on the mental health needs of families of members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research.

``(12) To conduct longitudinal studies (using imaging technology and other proven research methods) on members of the armed forces with traumatic brain injury to identify early signs of Alzheimer's disease, Parkinson's disease, or other manifestations of neurodegeneration in such members, which studies should be conducted in coordination with the studies authorized by section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294) and other studies of the Department of Defense and the Department of Veterans Affairs that address the connection between exposure to combat and the development of Alzheimer's disease, Parkinson's disease, and other neurodegenerative disorders.

``(13) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the needs of members of the armed forces with traumatic brain injury until their transition to care and treatment from the Department of Veterans Affairs.

``(14) To develop a program on comprehensive pain management, including management of acute and chronic pain, to utilize current and develop new treatments for pain, and to identify and disseminate best practices on pain management.

``(15) Such other responsibilities as the Secretary shall specify.''.

(b) Center of Excellence on Post-Traumatic Stress Disorder.--Chapter 55 of such title is further amended by inserting after section 1105a, as added by subsection (a), the following new section:

``Sec. 1105b. Center of Excellence in Prevention, Diagnosis,

Mitigation, Treatment, and Rehabilitation of Post-Traumatic

Stress Disorder

``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder (PTSD), including mild, moderate, and severe post-traumatic stress disorder, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder'.

``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities

(including international entities) to carry out the responsibilities specified in subsection (c).

``(c) Responsibilities.--The Center shall have responsibilities as follows:

``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of post-traumatic stress disorder.

``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of post-traumatic stress disorder.

``(5) To facilitate advancements in the study of the short-term and long-term psychological effects of post-traumatic stress disorder.

``(7) To conduct basic science and translational research on post-traumatic stress disorder for the purposes of understanding the etiology of post-traumatic stress disorder and developing preventive interventions and new treatments.

``(8) To develop outreach strategies and treatments for families of members of the armed forces with post-traumatic stress disorder in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from post-traumatic stress disorder.

``(9) To conduct research on the unique mental health needs of women members of the armed forces, including victims of sexual assault, with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.

``(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.

``(11) To conduct research on the mental health needs of families of members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research.

``(12) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the needs of members of the armed forces with post-traumatic stress disorder until their transition to care and treatment from the Department of Veterans Affairs.

``(13) To develop a program on comprehensive pain management, including management of acute and chronic pain, to utilize current and develop new treatments for pain, and to identify and disseminate best practices on pain management.

``(14) Such other responsibilities as the Secretary shall specify.''.

(c) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new items:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,

Treatment, and Rehabilitation of Traumatic Brain Injury.

``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation,

Treatment, and Rehabilitation of Post-Traumatic Stress

Disorder.''.

(d) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required by section 1105a of title 10, United States Code (as added by subsection (a)), and the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required by section 1105b of title 10, United States Code (as added by subsection (b)). The report shall, for each such Center--

(1) describe in detail the activities and proposed activities of such Center; and

(2) assess the progress of such Center in discharging the responsibilities of such Center.

(e) Authorization of Appropriations.--There is hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program,

$10,000,000, of which--

(1) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required by section 1105a of title 10, United States Code; and

(2) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required by section 1105b of title 10, United States Code. SEC. 134. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR

FEMALE MEMBERS OF THE ARMED FORCES AND

VETERANS.

(a) Comprehensive Review.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a comprehensive review of--

(1) the need for mental health treatment and services for female members of the Armed Forces and veterans; and

(2) the efficacy and adequacy of existing mental health treatment programs and services for female members of the Armed Forces and veterans.

(b) Elements.--The review required by subsection (a) shall include, but not be limited to, an assessment of the following:

(1) The need for mental health outreach, prevention, and treatment services specifically for female members of the Armed Forces and veterans.

(2) The access to and efficacy of existing mental health outreach, prevention, and treatment services and programs

(including substance abuse programs) for female veterans who served in a combat zone.

(3) The access to and efficacy of services and treatment for female members of the Armed Forces and veterans who experience post-traumatic stress disorder (PTSD).

(4) The availability of services and treatment for female members of the Armed Forces and veterans who experienced sexual assault or abuse.

(5) The access to and need for treatment facilities focusing on the mental health care needs of female members of the Armed Forces and veterans.

(6) The need for further clinical research on the unique needs of female veterans who served in a combat zone.

(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the review required by subsection (a).

(d) Policy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a comprehensive policy to address the treatment and care needs of female members of the Armed Forces and veterans who experience mental health problems and conditions, including post-traumatic stress disorder. The policy shall take into account and reflect the results of the review required by subsection (a).

SEC. 135. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND

REHABILITATION OF MEMBERS OF THE ARMED FORCES

WITH TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC

STRESS DISORDER.

(a) Authorization of Appropriations.--

(1) In general.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program in the amount of

$50,000,000, with such amount to be available for activities as follows:

(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI).

(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD).

(2) Availability of amount.--Of the amount authorized to be appropriated by paragraph (1), $17,000,000 shall be available for the Defense and Veterans Brain Injury Center of the Department of Defense.

(b) Supplement Not Supplant.--The amount authorized to be appropriated by subsection (a) for Defense Health Program is in addition to any other amounts authorized to be appropriated by this Act for Defense Health Program.

SEC. 136. REPORTS.

(a) Reports on Implementation of Certain Requirements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress in implementing the requirements as follows:

(1) The requirements of section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007

(Public Law 109-364; 120 Stat. 2294), relating to a longitudinal study on traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom.

(2) The requirements arising from the amendments made by section 738 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2303), relating to enhanced mental health screening and services for members of the Armed Forces.

(3) The requirements of section 741 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2304), relating to pilot projects on early diagnosis and treatment of post-traumatic stress disorder and other mental health conditions.

(b) Annual Reports on Expenditures for Activities on Tbi and Ptsd.--

(1) Reports required.--Not later than March 1, 2008, and each year thereafter through 2013, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the amounts expended by the Department of Defense during the preceding calendar year on activities described in paragraph (2), including the amount allocated during such calendar year to the Defense and Veterans Brain Injury Center of the Department.

(2) Covered activities.--The activities described in this paragraph are activities as follows:

(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI).

(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD).

(3) Elements.--Each report under paragraph (1) shall include--

(A) a description of the amounts expended as described in that paragraph, including a description of the activities for which expended;

(B) a description and assessment of the outcome of such activities;

(C) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of traumatic brain injury in members of the Armed Forces during the year in which such report is submitted and in future calendar years;

(D) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of post-traumatic stress disorder in members of the Armed Forces during the year in which such report is submitted and in future calendar years; and

(E) an assessment of the progress made toward achieving the priorities stated in subparagraphs (C) and (D) in the report under paragraph (1) in the previous year, and a description of any actions planned during the year in which such report is submitted to achieve any unfulfilled priorities during such year.

PART IV--OTHER MATTERS

SEC. 141. JOINT ELECTRONIC HEALTH RECORD FOR THE DEPARTMENT

OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly--

(1) develop and implement a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs; and

(2) accelerate the exchange of health care information between the Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments.

(b) Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record.--

(1) In general.--There is hereby established a joint element of the Department of Defense and the Department of Veterans Affairs to be known as the ``Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record'' (in this section referred to as the ``Office'').

(2) Purposes.--The purposes of the Office shall be as follows:

(A) To act as a single point of accountability for the Department of Defense and the Department of Veterans Affairs in the rapid development, test, and implementation of a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs.

(B) To accelerate the exchange of health care information between Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments.

(1) Director.--The Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the head of the Office.

(2) Deputy director.--The Deputy Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the deputy head of the office and shall assist the Director in carrying out the duties of the Director.

(3) Appointments.--(A) The Director shall be appointed by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities.

(B) The Deputy Director shall be appointed by the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities.

(4) Additional guidance.--In addition to the direction, supervision, and control provided by the Secretary of Defense and the Secretary of Veterans Affairs, the Office shall also receive guidance from the Department of Veterans Affairs-Department of Defense Joint Executive Committee under section 320 of title 38, United States Code, in the discharge of the functions of the Office under this section.

(5) Testimony.--Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee regarding the discharge of the functions of the Office under this section.

(d) Function.--The function of the Office shall be to develop and prepare for deployment, by not later than September 30, 2010, a joint electronic health record to be utilized by both the Department of Defense and the Department of Veterans Affairs in the provision of medical care and treatment to members of the Armed Forces and veterans, which health record shall comply with applicable interoperability standards, implementation specifications, and certification criteria (including for the reporting of quality measures) of the Federal Government.

(e) Schedules and Benchmarks.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a schedule and benchmarks for the discharge by the Office of its function under this section, including each of the following:

(1) A schedule for the establishment of the Office.

(2) A schedule and deadline for the establishment of the requirements for the joint electronic health record described in subsection (d), including coordination with the Office of the National Coordinator for Health Information Technology in the development of a nationwide interoperable health information technology infrastructure.

(3) A schedule and associated deadlines for any acquisition and testing required in the development and deployment of the joint electronic health record.

(4) A schedule and associated deadlines and requirements for the deployment of the joint electronic health record.

(5) Proposed funding for the Office for each of fiscal years 2009 through 2013 for the discharge of its function.

(f) Pilot Projects.--

(1) Authority.--In order to assist the Office in the discharge of its function under this section, the Secretary of Defense and the Secretary of Veterans Affairs may, acting jointly, carry out one or more pilot projects to assess the feasability and advisability of various technological approaches to the achievement of the joint electronic health record described in subsection (d).

(2) Treatment as single health care system.--For purposes of each pilot project carried out under this subsection, the health care system of the Department of Defense and the health care system of the Department of Veterans Affairs shall be treated as a single health care system for purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996

(42 U.S.C. 1320d-2 note).

(g) Staff and Other Resources.--

(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall assign to the Office such personnel and other resources of the Department of Defense and the Department of Veterans Affairs as are required for the discharge of its function under this section.

(2) Additional services.--Subject to the approval of the Secretary of Defense and the Secretary of Veterans Affairs, the Director may utilize the services of private individuals and entities as consultants to the Office in the discharge of its function under this section. Amounts available to the Office shall be available for payment for such services.

(h) Annual Reports.--

(1) In general.--Not later than January 1, 2009, and each year thereafter through 2014, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the activities of the Office during the preceding calendar year. Each report shall include, for the year covered by such report, the following:

(A) A detailed description of the activities of the Office, including a detailed description of the amounts expended and the purposes for which expended.

(B) An assessment of the progress made by the Department of Defense and the Department of Veterans Affairs in the development and implementation of the joint electronic health record described in subsection (d).

(2) Availability to public.--The Secretary of Defense and the Secretary of Veterans Affairs shall make available to the public each report submitted under paragraph (1), including by posting such report on the Internet website of the Department of Defense and the Department of Veterans Affairs, respectively, that is available to the public.

(i) Comptroller General Assessment of Implementation.--Not later than six months after the date of the enactment of this Act and every six months thereafter until the completion of the implementation of the joint electronic health record described in subsection (d), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Department of Defense and the Department of Veterans Affairs in developing and implementing the joint electronic health record.

(j) Funding.--

(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall each contribute equally to the costs of the Office in fiscal year 2008 and fiscal years thereafter. The amount so contributed by each Secretary in fiscal year 2008 shall be up to $10,000,000.

(2) Source of funds.--(A) Amounts contributed by the Secretary of Defense under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Defense for the Defense Health Program and available for program management and technology resources.

(B) Amounts contributed by the Secretary of Veterans Affairs under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Veterans Affairs for Medical Care and available for program management and technology resources.

(k) Joint Electronic Health Record Defined.--In this section, the term ``joint electronic health record'' means a single system that includes patient information across the continuum of medical care, including inpatient care, outpatient care, pharmacy care, patient safety, and rehabilitative care.

SEC. 142. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT

OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR

CARE AND TREATMENT OF WOUNDED AND INJURED

MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1599c of title 10, United States Code, is amended to read as follows:

``Sec. 1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces

``(a) In General.--The Secretary of Defense may, in the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense.

``(b) Recruitment of Personnel.--(1) The Secretaries of the military departments shall each develop and implement a strategy to disseminate among appropriate personnel of the military departments authorities and best practices for the recruitment of medical and health professionals, including the authorities under subsection (a).

``(2) Each strategy under paragraph (1) shall--

``(A) assess current recruitment policies, procedures, and practices of the military department concerned to assure that such strategy facilitates the implementation of efficiencies which reduce the time required to fill vacant positions for medical and health professionals; and

``(B) clearly identify processes and actions that will be used to inform and educate military and civilian personnel responsible for the recruitment of medical and health professionals.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1599c and inserting the following new item:

``1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.''.

(c) Reports on Strategies on Recruitment of Medical and Health Professionals.--Not later than six months after the date of the enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a report setting forth the strategy developed by such Secretary under section 1599c(b) of title 10, United States Code, as added by subsection (a).

SEC. 143. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE

OF THE DEPARTMENT OF DEFENSE, INCLUDING

PERSONNEL IN THE MENTAL HEALTH WORKFORCE.

(a) Recommendations on Means of Addressing Shortages.--

(1) Report.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary for such legislative or administrative actions as the Secretary considers appropriate to address shortages in health care professionals within the Department of Defense, including personnel in the mental health workforce.

(2) Elements.--The report required by paragraph (1) shall address the following:

(A) Enhancements or improvements of financial incentives for health care professionals, including personnel in the mental health workforce, of the Department of Defense in order to enhance the recruitment and retention of such personnel, including recruitment, accession, or retention bonuses and scholarship, tuition, and other financial assistance.

(B) Modifications of service obligations of health care professionals, including personnel in the mental health workforce.

(b) Recruitment.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement programs to recruit qualified individuals in health care fields (including mental health) to serve in the Armed Forces as health care and mental health personnel of the Armed Forces.

Subtitle C--Disability Matters

PART I--DISABILITY EVALUATIONS

SEC. 151. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND

CONDITION IN ESTABLISHING ELIGIBILITY OF

MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR

DISABILITY.

(a) Retirement of Regulars and Members on Active Duty for More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of title 10, United States Code, is amended to read as follows:

``(i) the member has six months or more of active military service and the disability was not noted at the time of the member's entrance on active duty (unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty);''.

(b) Separation of Regulars and Members on Active Duty for More Than 30 Days.--Section 1203(b)(4)(B) of such title is amended by striking ``and the member has at least eight years of service computed under section 1208 of this title'' and inserting ``, the member has six months or more of active military service, and the disability was not noted at the time of the member's entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty)''.

SEC. 152. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF

DEFENSE DETERMINATIONS OF DISABILITY WITH

RESPECT TO MEMBERS OF THE ARMED FORCES.

(a) In General.--Chapter 61 of title 10, United States Code, is amended by inserting after section 1216 the following new section:

``Sec. 1216a. Determinations of disability: requirements and limitations on determinations

``(a) Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.--(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned--

``(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and

``(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.

``(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.

``(b) Consideration of All Medical Conditions.--In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member's office, grade, rank, or rating.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1216 the following new item:

``1216a. Determinations of disability: requirements and limitations on determinations.''.

SEC. 153. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES

SEPARATED FROM SERVICE WITH A DISABILITY RATING

OF 20 PERCENT DISABLED OR LESS.

(a) Board Required.--

(1) In general.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1554 adding the following new section:

``Sec. 1554a. Review of separation with disability rating of

20 percent disabled or less

``(a) In General.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the disability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the `Physical Disability Board of Review'.

``(2) The Board shall consist of not less than three members appointed by the Secretary.

``(b) Covered Individuals.--For purposes of this section, covered individuals are members and former members of the armed forces who, during the period beginning on September 11, 2001, and ending on December 31, 2009--

``(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and

``(2) are found to be not eligible for retirement.

``(c) Review.--(1) Upon its own motion, or upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Board shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual.

``(2) The review by the Board under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Board. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense.

``(d) Authorized Recommendations.--The Board may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual:

``(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.

``(2) The recharacterization of the separation of such individual to retirement for disability.

``(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board.

``(4) The issuance of a new disability rating for such individual.

``(e) Correction of Military Records.--(1) The Secretary concerned may correct the military records of a covered individual in accordance with a recommendation made by the Board under subsection (d). Any such correction may be made effective as of the effective date of the action taken on the report of the Physical Evaluation Board to which such recommendation relates.

``(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such member would be entitled based on the member's military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of Defense considers appropriate.

``(3) If the Board makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action.

``(f) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.

``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.

``(3) The regulations under paragraph (1) shall specify the effect of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military records under section 1552 of this title.''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554 the following new item:

``1554a. Review of separation with disability rating of 20 percent disabled or less.''.

(b) Implementation.--The Secretary of Defense shall establish the board of review required by section 1554a of title 10, United States Code (as added by subsection (a)), and prescribe the regulations required by such section, not later than 90 days after the date of the enactment of this Act.

SEC. 154. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY

EVALUATION SYSTEM FOR MEMBERS OF THE ARMED

FORCES.

(a) Pilot Programs.--

(1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, carry out pilot programs with respect to the disability evaluation system of the Department of Defense for the purpose set forth in subsection (d).

(2) Required pilot programs.--In carrying out this section, the Secretary of Defense shall carry out the pilot programs described in paragraphs (1) through (3) of subsection (c). Each such pilot program shall be implemented not later than 90 days after the date of the enactment of this Act.

(3) Authorized pilot programs.--In carrying out this section, the Secretary of Defense may carry out such other pilot programs as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, considers appropriate.

(b) Disability Evaluation System of the Department of Defense.--For purposes of this section, the disability evaluation system of the Department of Defense is the system of the Department for the evaluation of the disabilities of members of the Armed Forces who are being separated or retired from the Armed Forces for disability under chapter 61 of title 10, United States Code.

(1) Disability determinations by dod utilizing va assigned disability rating.--Under one of the pilot programs under subsection (a), for purposes of making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, upon a determination by the Secretary of the military department concerned that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title--

(A) the Secretary of Veterans Affairs shall--

(i) conduct an evaluation of the member for physical disability; and

(ii) assign the member a rating of disability in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions

(whether individually or collectively) that render the member unfit for duty; and

(B) the Secretary of the military department concerned shall make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A)(ii).

(2) Disability determinations utilizing joint dod/va assigned disability rating.--Under one of the pilot programs under subsection (a), in making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, the Secretary of the military department concerned shall, upon determining that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title--

(A) provide for the joint evaluation of the member for disability by the Secretary of the military department concerned and the Secretary of Veterans Affairs, including the assignment of a rating of disability for the member in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and

(B) make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A).

(3) Electronic clearing house.--Under one of the pilot programs, the Secretary of Defense shall establish and operate a single Internet website for the disability evaluation system of the Department of Defense that enables participating members of the Armed Forces to fully utilize such system through the Internet, with such Internet website to include the following:

(A) The availability of any forms required for the utilization of the disability evaluation system by members of the Armed Forces under the system.

(B) Secure mechanisms for the submission of such forms by members of the Armed Forces under the system, and for the tracking of the acceptance and review of any forms so submitted.

(C) Secure mechanisms for advising members of the Armed Forces under the system of any additional information, forms, or other items that are required for the acceptance and review of any forms so submitted.

(D) The continuous availability of assistance to members of the Armed Forces under the system (including assistance through the caseworkers assigned to such members of the Armed Forces) in submitting and tracking such forms, including assistance in obtaining information, forms, or other items described by subparagraph (C).

(E) Secure mechanisms to request and receive personnel files or other personnel records of members of the Armed Forces under the system that are required for submission under the disability evaluation system, including the capability to track requests for such files or records and to determine the status of such requests and of responses to such requests.

(4) Other pilot programs.--Under any pilot program carried out by the Secretary of Defense under subsection (a)(3), the Secretary shall provide for the development, evaluation, and identification of such practices and procedures under the disability evaluation system of the Department of Defense as the Secretary considers appropriate for purpose set forth in subsection (d).

(d) Purpose.--The purpose of each pilot program under subsection (a) shall be--

(1) to provide for the development, evaluation, and identification of revised and improved practices and procedures under the disability evaluation system of the Department of Defense in order to--

(A) reduce the processing time under the disability evaluation system of members of the Armed Forces who are likely to be retired or separated for disability, and who have not requested continuation on active duty, including, in particular, members who are severely wounded;

(B) identify and implement or seek the modification of statutory or administrative policies and requirements applicable to the disability evaluation system that--

(i) are unnecessary or contrary to applicable best practices of civilian employers and civilian healthcare systems; or

(ii) otherwise result in hardship, arbitrary, or inconsistent outcomes for members of the Armed Forces, or unwarranted inefficiencies and delays;

(C) eliminate material variations in policies, interpretations, and overall performance standards among the military departments under the disability evaluation system; and

(D) determine whether it enhances the capability of the Department of Veterans Affairs to receive and determine claims from members of the Armed Forces for compensation, pension, hospitalization, or other veterans benefits; and

(2) in conjunction with the findings and recommendations of applicable Presidential and Department of Defense study groups, to provide for the eventual development of revised and improved practices and procedures for the disability evaluation system in order to achieve the objectives set forth in paragraph (1).

(e) Utilization of Results in Updates of Comprehensive Policy on Care, Management, and Transition of Covered Servicemembers.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly incorporate responses to any findings and recommendations arising under the pilot programs required by subsection (a) in updating the comprehensive policy on the care and management of covered servicemembers under section 111.

(f) Construction With Other Authorities.--

(1) In general.--Subject to paragraph (2), in carrying out a pilot program under subsection (a)--

(A) the rules and regulations of the Department of Defense and the Department of Veterans Affairs relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces shall apply to the pilot program only to the extent provided in the report on the pilot program under subsection (h)(1); and

(B) the Secretary of Defense and the Secretary of Veterans Affairs may waive any provision of title 10, 37, or 38, United States Code, relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces if the Secretaries determine in writing that the application of such provision would be inconsistent with the purpose of the pilot program.

(2) Limitation.--Nothing in paragraph (1) shall be construed to authorize the waiver of any provision of section 1216a of title 10, United States Code, as added by section 152 of this Act.

(g) Duration.--Each pilot program under subsection (a) shall be completed not later than one year after the date of the commencement of such pilot program under that subsection.

(h) Reports.--

(1) Initial report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the pilot programs under subsection (a). The report shall include--

(A) a description of the scope and objectives of each pilot program;

(B) a description of the methodology to be used under such pilot program to ensure rapid identification under such pilot program of revised or improved practices under the disability evaluation system of the Department of Defense in order to achieve the objectives set forth in subsection (d)(1); and

(f)(1)(B) that shall not apply to the pilot program by reason of a waiver under that subsection.

(2) Interim report.--Not later than 150 days after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the current status of such pilot program.

(3) Final report.--Not later than 90 days after the completion of all the pilot programs described in paragraphs

(1) through (3) of subsection (c), the Secretary shall submit to the appropriate committees of Congress a report setting forth a final evaluation and assessment of such pilot programs. The report shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such pilot programs.

SEC. 155. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO

DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY

EVALUATION SYSTEM.

(a) Reports Required.--Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of corrective measures by the Department of Defense with respect to the Physical Disability Evaluation System (PDES) in response to the following:

(1) The report of the Inspector General of the Army on that system of March 6, 2007.

(2) The report of the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center.

(3) The report of the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes.

(b) Elements of Report.--Each report under subsection (a) shall include current information on the following:

(1) The total number of cases, and the number of cases involving combat disabled servicemembers, pending resolution before the Medical and Physical Disability Evaluation Boards of the Army, including information on the number of members of the Army who have been in a medical hold or holdover status for more than each of 100, 200, and 300 days.

(2) The status of the implementation of modifications to disability evaluation processes of the Department of Defense in response to the following:

(A) The report of the Inspector General on such processes dated March 6, 2007.

(B) The report of the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center.

(c) Posting on Internet.--Not later than 24 hours after submitting a report under subsection (a), the Secretary shall post such report on the Internet website of the Department of Defense that is available to the public.

PART II--OTHER DISABILITY MATTERS

SEC. 161. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS

OF THE ARMED FORCES.

(a) In General.--Section 1212 of title 10, United States Code, is amended--

(1) in subsection (a)(1), by striking ``his years of service, but not more than 12, computed under section 1208 of this title'' in the matter preceding subparagraph (A) and inserting ``the member's years of service computed under section 1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c))'';

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

``(c)(1) The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:

``(A) Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.

``(B) Three years in the case of any other member.

``(2) The maximum years of service of a member for purposes of subsection (a)(1) shall be 19 years.''.

(b) No Deduction From Compensation of Severance Pay for Disabilities Incurred in Combat Zones.--Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is further amended--

(1) by inserting ``(1)'' after ``(d)'';

(2) by striking the second sentence; and

(3) by adding at the end the following new paragraphs:

``(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.

``(3) No deduction may be made under paragraph (1) from any death compensation to which a member's dependents become entitled after the member's death.''.

(c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date.

SEC. 162. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.

(a) Designation of Fiduciary for Members With Lost Mental Capacity or Extended Loss of Consciousness.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a form for the designation of a recipient for the funds distributed under section 1980A of title 38, United States Code, as the fiduciary of a member of the Armed Forces in cases where the member is medically incapacitated

(as determined by the Secretary of Defense in consultation with the Secretary of Veterans Affairs) or experiencing an extended loss of consciousness.

(b) Elements.--The form under subsection (a) shall require that a member may elect that--

(1) an individual designated by the member be the recipient as the fiduciary of the member; or

(2) a court of proper jurisdiction determine the recipient as the fiduciary of the member for purposes of this subsection.

(c) Completion and Update.--The form under subsection (a) shall be completed by an individual at the time of entry into the Armed Forces and updated periodically thereafter.

SEC. 163. ELECTRONIC TRANSFER FROM THE DEPARTMENT OF DEFENSE

TO THE DEPARTMENT OF VETERANS AFFAIRS OF

DOCUMENTS SUPPORTING ELIGIBILITY FOR BENEFITS.

The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and implement a mechanism to provide for the electronic transfer from the Department of Defense to the Department of Veterans Affairs of any Department of Defense documents (including Department of Defense form DD-214) necessary to establish or support the eligibility of a member of the Armed Forces for benefits under the laws administered by the Secretary of Veterans Affairs at the time of the retirement, separation, or release of the member from the Armed Forces.

SEC. 164. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Comptroller General of the United States shall each submit to the congressional defense committees a report assessing the continuing utility of the temporary disability retired list in satisfying the purposes for which the temporary disability retired list was established. Each report shall include such recommendations for the modification or improvement of the temporary disability retired list as the Secretary or the Comptroller General, as applicable, considers appropriate in light of the assessment in such report.

Subtitle D--Improvement of Facilities Housing Patients

SEC. 171. STANDARDS FOR MILITARY MEDICAL TREATMENT

FACILITIES, SPECIALTY MEDICAL CARE FACILITIES,

AND MILITARY QUARTERS HOUSING PATIENTS.

(a) Establishment of Standards.--The Secretary of Defense shall establish for the military facilities referred to in subsection (b) standards with respect to the matters set forth in subsection (c). The standards shall, to the maximum extent practicable--

(1) be uniform and consistent across such facilities; and

(2) be uniform and consistent across the Department of Defense and the military departments.

(b) Covered Military Facilities.--The military facilities referred to in this subsection are the military facilities of the Department of Defense and the military departments as follows:

(1) Military medical treatment facilities.

(2) Specialty medical care facilities.

(3) Military quarters or leased housing for patients.

(1) Generally accepted standards for the accreditation of medical facilities, or for facilities used to quarter individuals that may require medical supervision, as applicable, in the United States.

(2) To the extent not inconsistent with the standards described in paragraph (1), minimally acceptable conditions for the following:

(A) Appearance and maintenance of facilities generally, including the structure and roofs of facilities.

(B) Size, appearance, and maintenance of rooms housing or utilized by patients, including furniture and amenities in such rooms.

(C) Operation and maintenance of primary and back-up facility utility systems and other systems required for patient care, including electrical systems, plumbing systems, heating, ventilation, and air conditioning systems, communications systems, fire protection systems, energy management systems, and other systems required for patient care.

(D) Compliance with Federal Government standards for hospital facilities and operations.

(E) Compliance of facilities, rooms, and grounds, to the maximum extent practicable, with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

(F) Such other matters relating to the appearance, size, operation, and maintenance of facilities and rooms as the Secretary considers appropriate.

(d) Compliance With Standards.--

(1) Deadline.--In establishing standards under subsection

(a), the Secretary shall specify a deadline for compliance with such standards by each facility referred to in subsection (b). The deadline shall be at the earliest date practicable after the date of the enactment of this Act, and shall, to the maximum extent practicable, be uniform across the facilities referred to in subsection (b).

(2) Investment.--In carrying out this section, the Secretary shall also establish guidelines for investment to be utilized by the Department of Defense and the military departments in determining the allocation of financial resources to facilities referred to in subsection (b) in order to meet the deadline specified under paragraph (1).

(e) Report.--

(1) In general.--Not later than December 30, 2007, the Secretary shall submit to the congressional defense committees a report on the actions taken to carry out this section.

(2) Elements.--The report under paragraph (1) shall include the following:

(A) The standards established under subsection (a).

(B) An assessment of the appearance, condition, and maintenance of each facility referred to in subsection (a), including--

(i) an assessment of the compliance of such facility with the standards established under subsection (a); and

(ii) a description of any deficiency or noncompliance in each facility with the standards.

(C) A description of the investment to be allocated to address each deficiency or noncompliance identified under subparagraph (B)(ii).

SEC. 172. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO

DEFICIENCIES IDENTIFIED AT WALTER REED ARMY

MEDICAL CENTER.

(a) Reports Required.--Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the action plan of the Army to correct deficiencies identified in the condition of facilities, and in the administration of outpatients in medical hold or medical holdover status, at Walter Reed Army Medical Center

(WRAMC) and at other applicable Army installations at which covered members of the Armed Forces are assigned.

(b) Elements of Report.--Each report under subsection (a) shall include current information on the following:

(1) The number of inpatients at Walter Reed Army Medical Center, and the number of outpatients on medical hold or in a medical holdover status at Walter Reed Army Medical Center, as a result of serious injuries or illnesses.

(2) A description of the lodging facilities and other forms of housing at Walter Reed Army Medical Center, and at each other Army facility, to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses, including--

(A) an assessment of the conditions of such facilities and housing; and

(B) a description of any plans to correct inadequacies in such conditions.

(3) The status, estimated completion date, and estimated cost of any proposed or ongoing actions to correct any inadequacies in conditions as described under paragraph (2).

(4) The number of case managers, platoon sergeants, patient advocates, and physical evaluation board liaison officers stationed at Walter Reed Army Medical Center, and at each other Army facility, to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses, and the ratio of case workers and platoon sergeants to outpatients for whom they are responsible at each such facility.

(5) The number of telephone calls received during the preceding 60 days on the Wounded Soldier and Family hotline

(as established on March 19, 2007), a summary of the complaints or communications received through such calls, and a description of the actions taken in response to such calls.

(6) A summary of the activities, findings, and recommendations of the Army tiger team of medical and installation professionals who visited the major medical treatment facilities and community-based health care organizations of the Army pursuant to March 2007 orders, and a description of the status of corrective actions being taken with to address deficiencies noted by that team.

(7) The status of the ombudsman programs at Walter Reed Army Medical Center and at other major Army installations to which are assigned personnel in medical hold or medical holdover status as a result of serious injuries or illnesses.

SEC. 173. CONSTRUCTION OF FACILITIES REQUIRED FOR THE CLOSURE

OF WALTER REED ARMY MEDICAL CENTER, DISTRICT OF

COLUMBIA.

(a) Assessment of Acceleration of Construction of Facilities.--The Secretary of Defense shall carry out an assessment of the feasibility (including the cost-effectiveness) of accelerating the construction and completion of any new facilities required to facilitate the closure of Walter Reed Army Medical Center, District of Columbia, as required as a result of the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; U.S.C. 2687 note).

(b) Development and Implementation of Plan for Construction of Facilities.--

(1) In general.--The Secretary shall develop and carry out a plan for the construction and completion of any new facilities required to facilitate the closure of Walter Reed Army Medical Center as required as described in subsection

(a). If the Secretary determines as a result of the assessment under subsection (a) that accelerating the construction and completion of such facilities is feasible, the plan shall provide for the accelerated construction and completion of such facilities in a manner consistent with that determination.

(2) Submittal of plan.--The Secretary shall submit to the congressional defense committees the plan required by paragraph (1) not later than September 30, 2007.

(c) Certifications.--Not later than September 30, 2007, the Secretary shall submit to the congressional defense committees a certification of each of the following:

(1) That a transition plan has been developed, and resources have been committed, to ensure that patient care services, medical operations, and facilities are sustained at the highest possible level at Walter Reed Army Medical Center until facilities to replace Walter Reed Army Medical Center are staffed and ready to assume at least the same level of care previously provided at Walter Reed Army Medical Center.

(2) That the closure of Walter Reed Army Medical Center will not result in a net loss of capacity in the major military medical centers in the National Capitol Region in terms of total bed capacity or staffed bed capacity.

(3) That the capacity and types of medical hold and out-patient lodging facilities currently operating at Walter Reed Army Medical Center will be available at the facilities to replace Walter Reed Army Medical Center by the date of the closure of Walter Reed Army Medical Center.

(4) That adequate funds have been provided to complete fully all facilities identified in the Base Realignment and Closure Business Plan for Walter Reed Army Medical Center submitted to the congressional defense committees as part of the budget justification materials submitted to Congress together with the budget of the President for fiscal year 2008 as contemplated in that business plan.

(d) Environmental Laws.--Nothing in this section shall require the Secretary or any designated representative to waive or ignore responsibilities and actions required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the regulations implementing such Act.

Subtitle E--Outreach and Related Information on Benefits

SEC. 181. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON

COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS

INJURIES AND ILLNESSES.

(a) Information on Available Compensation and Benefits.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Commissioner of Social Security, develop and maintain in handbook and electronic form a comprehensive description of the compensation and other benefits to which a member of the Armed Forces, and the family of such member, would be entitled upon the member's separation or retirement from the Armed Forces as a result of a serious injury or illness. The handbook shall set forth the range of such compensation and benefits based on grade, length of service, degree of disability at separation or retirement, and such other factors affecting such compensation and benefits as the Secretary of Defense considers appropriate.

(b) Update.--The Secretary of Defense shall update the comprehensive description required by subsection (a), including the handbook and electronic form of the description, on a periodic basis, but not less often than annually.

(c) Provision to Members.--The Secretary of the military department concerned shall provide the descriptive handbook under subsection (a) to each member of the Armed Forces described in that subsection as soon as practicable following the injury or illness qualifying the member for coverage under that subsection.

(d) Provision to Representatives.--If a member is incapacitated or otherwise unable to receive the descriptive handbook to be provided under subsection (a), the handbook shall be provided to the next of kin or a legal representative of the member (as determined in accordance with regulations prescribed by the Secretary of the military department concerned for purposes of this section).

Subtitle F--Other Matters

SEC. 191. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER

READJUSTMENT NEEDS OF MEMBERS AND FORMER

MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN

OPERATION IRAQI FREEDOM AND OPERATION ENDURING

FREEDOM AND THEIR FAMILIES.

(a) Study Required.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, enter into an agreement with the National Academy of Sciences for a study on the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment.

(b) Phases.--The study required under subsection (a) shall consist of two phases:

(1) A preliminary phase, to be completed not later than 180 days after the date of the enactment of this Act--

(A) to identify preliminary findings on the physical and mental health and other readjustment needs described in subsection (a) and on gaps in care for the members, former members, and families described in that subsection; and

(B) to determine the parameters of the second phase of the study under paragraph (2).

(2) A second phase, to be completed not later than three years after the date of the enactment of this Act, to carry out a comprehensive assessment, in accordance with the parameters identified under the preliminary report required by paragraph (1), of the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment, including, at a minimum--

(A) an assessment of the psychological, social, and economic impacts of such deployment on such members and former members and their families;

(B) an assessment of the particular impacts of multiple deployments in Operation Iraqi Freedom or Operation Enduring Freedom on such members and former members and their families;

(C) an assessment of the full scope of the neurological, psychiatric, and psychological effects of traumatic brain injury (TBI) on members and former members of the Armed Forces, including the effects of such effects on the family members of such members and former members, and an assessment of the efficacy of current treatment approaches for traumatic brain injury in the United States and the efficacy of screenings and treatment approaches for traumatic brain injury within the Department of Defense and the Department of Veterans Affairs;

(D) an assessment of the effects of undiagnosed injuries such as post-traumatic stress disorder (PTSD) and traumatic brain injury, an estimate of the long-term costs associated with such injuries, and an assessment of the efficacy of screenings and treatment approaches for post-traumatic stress disorder and other mental health conditions within the Department of Defense and Department of Veterans Affairs;

(E) an assessment of the particular needs and concerns of female members of the Armed Forces and female veterans;

(F) an assessment of the particular needs and concerns of children of members of the Armed Forces, taking into account differing age groups, impacts on development and education, and the mental and emotional well being of children;

(G) an assessment of the particular needs and concerns of minority members of the Armed Forces and minority veterans;

(H) an assessment of the particular educational and vocational needs of such members and former members and their families, and an assessment of the efficacy of existing educational and vocational programs to address such needs;

(I) an assessment of the impacts on communities with high populations of military families, including military housing communities and townships with deployed members of the National Guard and Reserve, of deployments associated with Operation Iraqi Freedom and Operation Enduring Freedom, and an assessment of the efficacy of programs that address community outreach and education concerning military deployments of community residents;

(J) an assessment of the impacts of increasing numbers of older and married members of the Armed Forces on readjustment requirements;

(K) the development, based on such assessments, of recommendations for programs, treatments, or policy remedies targeted at preventing, minimizing or addressing the impacts, gaps and needs identified; and

(L) the development, based on such assessments, of recommendations for additional research on such needs.

(c) Populations To Be Studied.--The study required under subsection (a) shall consider the readjustment needs of each population of individuals as follows:

(1) Members of the regular components of the Armed Forces who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom.

(2) Members of the National Guard and Reserve who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom.

(3) Veterans of Operation Iraqi Freedom or Operation Enduring Freedom.

(4) Family members of the members and veterans described in paragraphs (1) through (3).

(d) Access to Information.--The National Academy of Sciences shall have access to such personnel, information, records, and systems of the Department of Defense and the Department of Veterans Affairs as the National Academy of Sciences requires in order to carry out the study required under subsection (a).

(e) Privacy of Information.--The National Academy of Sciences shall maintain any personally identifiable information accessed by the Academy in carrying out the study required under subsection (a) in accordance with all applicable laws, protections, and best practices regarding the privacy of such information, and may not permit access to such information by any persons or entities not engaged in work under the study.

(f) Reports by National Academy of Sciences.--Upon the completion of each phase of the study required under subsection (a), the National Academy of Sciences shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report on such phase of the study.

(g) DoD and VA Response to NAS Reports.--

(1) Preliminary response.--Not later than 45 days after the receipt of a report under subsection (f) on each phase of the study required under subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a preliminary joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The preliminary plan shall provide preliminary proposals on the matters set forth in paragraph

(3).

(2) Final response.--Not later than 90 days after the receipt of a report under subsection (f) on each phase of the study required under subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a final joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The final plan shall provide final proposals on the matters set forth in paragraph (3).

(3) Covered matters.--The matters set forth in this paragraph with respect to a phase of the study required under subsection (a) are as follows:

(A) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address gaps in care or services as identified by the National Academy of Sciences under such phase of the study.

(B) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address recommendations made by the National Academy of Sciences under such phase of the study.

(C) An estimate of the costs of implementing the modifications set forth under subparagraphs (A) and (B), set forth by fiscal year for at least the first five fiscal years beginning after the date of the plan concerned.

(4) Reports on responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report setting forth each joint plan developed under paragraphs (1) and (2).

(5) Public availability of responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall each make available to the public each report submitted to Congress under paragraph (4), including by posting an electronic copy of such report on the Internet website of the Department of Defense or the Department of Veterans Affairs, as applicable, that is available to the public.

(6) GAO audit.--Not later than 45 days after the submittal to Congress of the report under paragraph (4) on the final joint Department of Defense-Department of Veterans Affairs plan under paragraph (2), the Comptroller General of the United States shall submit to Congress a report assessing the contents of such report under paragraph (4). The report of the Comptroller General under this paragraph shall include--

(A) an assessment of the adequacy and sufficiency of the final joint Department of Defense-Department of Veterans Affairs plan in addressing the findings and recommendations of the National Academy of Sciences as a result of the study required under subsection (a);

(B) an assessment of the feasibility and advisability of the modifications of policy and practice proposed in the final joint Department of Defense-Department of Veterans Affairs plan;

(C) an assessment of the sufficiency and accuracy of the cost estimates in the final joint Department of Defense-Department of Veterans Affairs plan; and

(D) the comments, if any, of the National Academy of Sciences on the final joint Department of Defense-Department of Veterans Affairs plan.

(h) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Department of Defense such sums as may be necessary to carry out this section.

TITLE II--VETERANS MATTERS

SEC. 201. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS

EFFORTS IN THE REHABILITATION AND REINTEGRATION

OF VETERANS WITH TRAUMATIC BRAIN INJURY.

It is the sense of Congress that--

(1) the Department of Veterans Affairs is a leader in the field of traumatic brain injury care and coordination of such care;

(2) the Department of Veterans Affairs should have the capacity and expertise to provide veterans who have a traumatic brain injury with patient-centered health care, rehabilitation, and community integration services that are comparable to or exceed similar care and services available to persons with such injuries in the academic and private sector;

(3) rehabilitation for veterans who have a traumatic brain injury should be individualized, comprehensive, and interdisciplinary with the goals of optimizing the independence of such veterans and reintegrating them into their communities;

(4) family support is integral to the rehabilitation and community reintegration of veterans who have sustained a traumatic brain injury, and the Department should provide the families of such veterans with education and support;

(5) the Department of Defense and Department of Veterans Affairs have made efforts to provide a smooth transition of medical care and rehabilitative services to individuals as they transition from the health care system of the Department of Defense to that of the Department of Veterans Affairs, but more can be done to assist veterans and their families in the continuum of the rehabilitation, recovery, and reintegration of wounded or injured veterans into their communities;

(6) in planning for rehabilitation and community reintegration of veterans who have a traumatic brain injury, it is necessary for the Department of Veterans Affairs to provide a system for life-long case management for such veterans; and

(7) in such system for life-long case management, it is necessary to conduct outreach and to tailor specialized traumatic brain injury case management and outreach for the unique needs of veterans with traumatic brain injury who reside in urban and non-urban settings.

SEC. 202. INDIVIDUAL REHABILITATION AND COMMUNITY

REINTEGRATION PLANS FOR VETERANS AND OTHERS

WITH TRAUMATIC BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1710B the following new section:

``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the community

``(a) Plan Required.--The Secretary shall, for each veteran or member of the Armed Forces who receives inpatient or outpatient rehabilitation care from the Department for a traumatic brain injury--

``(1) develop an individualized plan for the rehabilitation and reintegration of such individual into the community; and

``(2) provide such plan in writing to such individual before such individual is discharged from inpatient care, following transition from active duty to the Department for outpatient care, or as soon as practicable following diagnosis.

``(b) Contents of Plan.--Each plan developed under subsection (a) shall include, for the individual covered by such plan, the following:

``(1) Rehabilitation objectives for improving the physical, cognitive, and vocational functioning of such individual with the goal of maximizing the independence and reintegration of such individual into the community.

``(2) Access, as warranted, to all appropriate rehabilitative components of the traumatic brain injury continuum of care.

``(3) A description of specific rehabilitative treatments and other services to achieve the objectives described in paragraph (1), which description shall set forth the type, frequency, duration, and location of such treatments and services.

``(4) The name of the case manager designated in accordance with subsection (d) to be responsible for the implementation of such plan.

``(5) Dates on which the effectiveness of the plan will be reviewed in accordance with subsection (f).

``(c) Comprehensive Assessment.--

``(1) In general.--Each plan developed under subsection (a) shall be based upon a comprehensive assessment, developed in accordance with paragraph (2), of--

``(A) the physical, cognitive, vocational, and neuropsychological and social impairments of such individual; and

``(B) the family education and family support needs of such individual after discharge from inpatient care.

``(2) Formation.--The comprehensive assessment required under paragraph (1) with respect to an individual is a comprehensive assessment of the matters set forth in that paragraph by a team, composed by the Secretary for purposes of the assessment from among, but not limited to, individuals with expertise in traumatic brain injury, including the following:

``(A) A neurologist.

``(B) A rehabilitation physician.

``(C) A social worker.

``(D) A neuropsychologist.

``(E) A physical therapist.

``(F) A vocational rehabilitation specialist.

``(G) An occupational therapist.

``(H) A speech language pathologist.

``(I) A rehabilitation nurse.

``(J) An educational therapist.

``(K) An audiologist.

``(L) A blind rehabilitation specialist.

``(M) A recreational therapist.

``(N) A low vision optometrist.

``(O) An orthotist or prostetist.

``(P) An assistive technologist or rehabilitation engineer.

``(Q) An otolaryngology physician.

``(R) A dietician.

``(S) An opthamologist.

``(T) A psychiatrist.

``(d) Case Manager.--(1) The Secretary shall designate a case manager for each individual described in subsection (a) to be responsible for the implementation of the plan, and coordination of such care, required by such subsection for such individual.

``(2) The Secretary shall ensure that such case manager has specific expertise in the care required by the individual to whom such case manager is designated, regardless of whether such case manager obtains such expertise through experience, education, or training.

``(e) Participation and Collaboration in Development of Plans.--(1) The Secretary shall involve each individual described in subsection (a), and the family or legal guardian of such individual, in the development of the plan for such individual under that subsection to the maximum extent practicable.

``(2) The Secretary shall collaborate in the development of a plan for an individual under subsection (a) with a State protection and advocacy system if--

``(A) the individual covered by such plan requests such collaboration; or

``(B) in the case such individual is incapacitated, the family or guardian of such individual requests such collaboration.

``(3) In the case of a plan required by subsection (a) for a member of the Armed Forces who is on active duty, the Secretary shall collaborate with the Secretary of Defense in the development of such plan.

``(4) In developing vocational rehabilitation objectives required under subsection (b)(1) and in conducting the assessment required under subsection (c), the Secretary shall act through the Under Secretary for Health in coordination with the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs.

``(f) Evaluation.--

``(1) Periodic review by secretary.--The Secretary shall periodically review the effectiveness of each plan developed under subsection (a). The Secretary shall refine each such plan as the Secretary considers appropriate in light of such review.

``(2) Request for review by veterans.--In addition to the periodic review required by paragraph (1), the Secretary shall conduct a review of the plan of a veteran under paragraph (1) at the request of such veteran, or in the case that such veteran is incapacitated, at the request of the guardian or the designee of such veteran.

``(g) State Designated Protection and Advocacy System Defined.--In this section, the term `State protection and advocacy system' means a system established in a State under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to protect and advocate for the rights of persons with development disabilities.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1710B the following new item:

``1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the community.''.

SEC. 203. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS

FACILITIES FOR IMPLEMENTATION OF REHABILITATION

AND COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC

BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1710C, as added by section 202 of this Act, the following new section:

``Sec. 1710D. Traumatic brain injury: use of non-Department facilities for rehabilitation

``(a) In General.--Subject to section 1710(a)(4) of this title and subsection (b) of this section, the Secretary shall provide rehabilitative treatment or services to implement a plan developed under section 1710C of this title at a non-Department facility with which the Secretary has entered into an agreement for such purpose, to an individual--

``(1) who is described in section 1710C(a) of this title; and

``(2)(A) to whom the Secretary is unable to provide such treatment or services at the frequency or for the duration prescribed in such plan; or

``(B) for whom the Secretary determines that it is optimal with respect to the recovery and rehabilitation of such individual .

``(b) Standards.--The Secretary may not provide treatment or services as described in subsection (a) at a non-Department facility under such subsection unless such facility maintains standards for the provision of such treatment or services established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with traumatic brain injury.

``(c) Authorities of State Protection and Advocacy Systems.--With respect to the provision of rehabilitative treatment or services described in subsection (a) in a non-Department facility, a State designated protection and advocacy system established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) shall have the authorities described under such subtitle.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1710C, as added by section 202 of this Act, the following new item:

``1710D. Traumatic brain injury: use of non-Department facilities for rehabilitation.''.

(c) Conforming Amendment.--Section 1710(a)(4) of such title is amended by inserting ``the requirement in section 1710D of this title that the Secretary provide certain rehabilitative treatment or services,'' after ``extended care services,''.

SEC. 204. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON

SEVERE TRAUMATIC BRAIN INJURY.

(a) Program Required.--Subchapter II of chapter 73 of title 38, United States Code, is amended by inserting after section 7330 the following new section:

``Sec. 7330A. Severe traumatic brain injury research, education, and clinical care program

``(a) Program Required.--The Secretary shall establish a program on research, education, and clinical care to provide intensive neuro-rehabilitation to veterans with a severe traumatic brain injury, including veterans in a minimally conscious state who would otherwise receive only long-term residential care.

``(b) Collaboration Required.--The Secretary shall establish the program required by subsection (a) in collaboration with the Defense and Veterans Brain Injury Center and other relevant programs of the Federal Government

(including other Centers of Excellence).

``(c) Education Required.--As part of the program required by subsection (a), the Secretary shall, in collaboration with the Defense and Veterans Brain Injury Center and any other relevant programs of the Federal Government (including other Centers of Excellence), conduct educational programs on recognizing and diagnosing mild and moderate cases of traumatic brain injury.

``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for each of fiscal years 2008 through 2012, $10,000,000 to carry out the program required by subsection (a).''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330 the following new item:

``7330A. Severe traumatic brain injury research, education, and clinical care program.''.

(c) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research to be conducted under the program required by section 7330A of title 38, United States Code, as added by subsection (a).

SEC. 205. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR

VETERANS WITH TRAUMATIC BRAIN INJURY.

(a) Pilot Program.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Defense and Veterans Brain Injury Center, carry out a pilot program to assess the effectiveness of providing assisted living services to eligible veterans to enhance the rehabilitation, quality of life, and community integration of such veterans.

(b) Duration of Program.--The pilot program shall be carried out during the five-year period beginning on the date of the commencement of the pilot program.

(1) In general.--The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. Of the locations so selected--

(A) at least one shall be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs; and

(B) any other locations shall be in areas that contain high concentrations of veterans with traumatic brain injury, as determined by the Secretary.

(2) Special consideration for veterans in rural areas.--Special consideration shall be given to provide veterans in rural areas with an opportunity to participate in the pilot program.

(d) Provision of Assisted Living Services.--

(1) Agreements.--In carrying out the pilot program, the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with a provider participating under a State plan or waiver under title XIX of such Act (42 U.S.C. 1396 et seq.).

(2) Standards.--The Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under this program unless the Secretary determines that the facility meets such standards as the Secretary may prescribe for purposes of the pilot program. Such standards shall, to the extent practicable, be consistent with the standards of Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such facilities.

(e) Continuation of Case Management and Rehabilitation Services.--In carrying the pilot program under subsection

(a), the Secretary shall continue to provide each veteran who is receiving assisted living services under the pilot program with rehabilitative services and shall designate Department health-care employees to furnish case management services for veterans participating in the pilot program.

(f) Report.--

(1) In general.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the congressional veterans affairs committees a report on the pilot program.

(2) Contents.--The report required by paragraph (1) shall include the following:

(A) A description of the pilot program.

(B) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury.

(C) Such recommendations as the Secretary considers appropriate regarding the extension or expansion of the pilot program.

(g) Definitions.--In this section:

(1) The term ``assisted living services'' means services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare.

(2) The term ``case management services'' includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly or through contract, including assessment of needs, planning, referral (including referral for services to be furnished by the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup.

(3) The term ``congressional veterans affairs committees'' means--

(A) the Committee on Veterans' Affairs of the Senate; and

(B) the Committee on Veterans' Affairs of the House of Representatives.

(4) The term ``eligible veteran'' means a veteran who--

(A) is enrolled in the Department of Veterans Affairs health care system;

(B) has received treatment for traumatic brain injury from the Department of Veterans Affairs;

(D) could reasonably be expected to receive ongoing services after the end of the pilot program under this section under another government program or through other means.

(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out this section, $8,000,000 for each of fiscal years 2008 through 2013.

SEC. 206. RESEARCH ON TRAUMATIC BRAIN INJURY.

(a) Inclusion of Research on Traumatic Brain Injury Under Ongoing Research Programs.--The Secretary of Veterans Affairs shall, in carrying out research programs and activities under the provisions of law referred to in subsection (b), ensure that such programs and activities include research on the sequelae of mild to severe forms of traumatic brain injury, including--

(1) research on visually-related neurological conditions;

(2) research on seizure disorders;

(3) research on means of improving the diagnosis, rehabilitative treatment, and prevention of such sequelae;

(4) research to determine the most effective cognitive and physical therapies for the sequelae of traumatic brain injury; and

(5) research on dual diagnosis of post-traumatic stress disorder and traumatic brain injury.

(b) Research Authorities.--The provisions of law referred to in this subsection are the following:

(1) Section 3119 of title 38, United States Code, relating to rehabilitation research and special projects.

(2) Section 7303 of such title, relating to research programs of the Veterans Health Administration.

(3) Section 7327 of such title, relating to research, education, and clinical activities on complex multi-trauma associated with combat injuries.

(c) Collaboration.--In carrying out the research required by subsection (a), the Secretary shall collaborate with facilities that--

(1) conduct research on rehabilitation for individuals with traumatic brain injury; and

(2) receive grants for such research from the National Institute on Disability and Rehabilitation Research of the Department of Education.

(d) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report describing in comprehensive detail the research to be carried out pursuant to subsection (a).

SEC. 207. AGE-APPROPRIATE NURSING HOME CARE.

(a) Finding.--Congress finds that young veterans who are injured or disabled through military service and require long-term care should have access to age-appropriate nursing home care.

(b) Requirement To Provide Age-Appropriate Nursing Home Care.--Section 1710A of title 38, United States Code, is amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

``(c) The Secretary shall ensure that nursing home care provided under subsection (a) is provided in an age-appropriate manner.''.

SEC. 208. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE

FOR COMBAT SERVICE IN THE PERSIAN GULF WAR OR

FUTURE HOSTILITIES.

Section 1710(e)(3)(C) of title 38, United States Code, is amended by striking ``2 years'' and inserting ``5 years''.

SEC. 209. MENTAL HEALTH: SERVICE-CONNECTION STATUS AND

EVALUATIONS FOR CERTAIN VETERANS.

(a) Presumption of Service-Connection of Mental Illness for Certain Veterans.--Section 1702 of title 38, United States Code, is amended--

(1) by striking ``psychosis'' and inserting ``mental illness''; and

(2) in the heading, by striking ``psychosis'' and inserting

``mental illness''.

(b) Provision of Mental Health Evaluations for Certain Veterans.--Upon the request of a veteran described in section 1710(e)(3)(C) of title 38, United States Code, the Secretary shall provide to such veteran a preliminary mental health evaluation as soon as practicable, but not later than 30 days after such request.

SEC. 210. MODIFICATION OF REQUIREMENTS FOR FURNISHING

OUTPATIENT DENTAL SERVICES TO VETERANS WITH A

SERVICE-CONNECTED DENTAL CONDITION OR

DISABILITY.

Section 1712(a)(1)(B)(iv) of title 38, United States Code, is amended by striking ``90-day'' and inserting ``180-day''.

SEC. 211. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-

RISK OF HOMELESSNESS FROM BECOMING HOMELESS.

(a) Demonstration Program.--The Secretary of Veterans Affairs shall carry out a demonstration program for the purpose of--

(1) identifying members of the Armed Forces on active duty who are at risk of becoming homeless after they are discharged or released from active duty; and

(2) providing referral, counseling, and supportive services, as appropriate, to help prevent such members, upon becoming veterans, from becoming homeless.

(b) Program Locations.--The Secretary shall carry out the demonstration program in at least three locations.

(c) Identification Criteria.--In developing and implementing the criteria to identify members of the Armed Forces, who upon becoming veterans, are at-risk of becoming homeless, the Secretary of Veterans Affairs shall consult with the Secretary of Defense and such other officials and experts as the Secretary considers appropriate.

(d) Contracts.--The Secretary of Veterans Affairs may enter into contracts to provide the referral, counseling, and supportive services required under the demonstration program with entities or organizations that meet such requirements as the Secretary may establish.

(e) Sunset.--The authority of the Secretary under subsection (a) shall expire on September 30, 2011.

(f) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for the purpose of carrying out the provisions of this section.

SEC. 212. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES

PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Clarification of Inclusion of Members of the National Guard and Reserve in Program.--Subsection (a)(1) of section 6301 of title 38, United States Code, is amended by inserting

``, or from the National Guard or Reserve,'' after ``active military, naval, or air service''.

(b) Definition of Outreach.--Subsection (b) of such section is amended--

(1) by redesignating paragraphs (1) and (2) as paragraphs

(2) and (3), respectively; and

(2) by inserting before paragraph (2) the following new paragraph (1):

``(1) the term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws;''.

TITLE III

SEC. . FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2008 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) Increase in Basic Pay.--Effective on January 1, 2008, the rates of monthly basic pay for members of the uniformed services are increased by 3.5 percent.

______

SA 2403. Mr. CASEY (for himself and Mr. Specter) 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 39, lines 18 and 19, insert after ``executed'' the following: ``: Provided further, That, notwithstanding any other provision of law, funds awarded through grants under subparagraph (F) and available for transit security may be available for expenditure for a period of 4 years''.

______

SA 2404. Mr. MARTINEZ (for himself and Ms. Collins) 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. ____. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:

``(3) International registered traveler program.--

``(A) In general.--The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the US-VISIT program, other pre-screening initiatives, and the Visa Waiver Program within the Department of Homeland Security.

``(B) Fees.--The Secretary may impose a fee for the program established under subparagraph (A) and may modify such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited shall remain available until expended.

``(C) Rulemaking.--Within 180 days after the date of enactment of this paragraph, the Secretary shall initiate a rulemaking to establish the program, criteria for participation, and the fee for the program.

``(D) Implementation.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish a phased-implementation of a biometric-based international registered traveler program in conjunction with the US-VISIT entry and exit system, other pre-screening initiatives, and the Visa Waiver Program within the Department of Homeland Security at United States airports with the highest volume of international travelers.

``(E) Participation.--The Secretary shall ensure that the international registered traveler program includes as many participants as practicable by--

``(i) establishing a reasonable cost of enrollment;

``(ii) making program enrollment convenient and easily accessible; and

``(iii) providing applicants with clear and consistent eligibility guidelines.

``(F) Technologies.--The Secretary shall coordinate with the Secretary of State to define a schedule for their respective departments for the deployment of appropriate technologies to begin capturing applicable and sufficient biometrics from visa applicants and individuals seeking admission to the United States, if such visa applicant or individual has not previously provided such information, at each consular location and port of entry. The Secretary of Homeland Security shall also coordinate with the Secretary of State regarding the feasibility of allowing visa applicants or individuals to enroll in the International Registered Traveler program at consular offices.''.

______

SA 2405. Mr. ALEXANDER (for himself, Ms. Collins, Mr. Voinovich, and Mr. Warner) 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, after line 24, insert the following:

REAL ID GRANTS TO STATES

Sec. __. (a) For grants to States pursuant to section 204(a) of the REAL ID Act of 2005 (division B of Public Law 109-13; 119 Stat. 302), $300,000,000 to remain available until expended.

(b) All discretionary amounts made available under this Act, other than the amount appropriated under subsection (a), shall be reduced a total of $300,000,000, on a pro rata basis.

(c) Not later than 15 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives on the accounts subject to pro rata reductions pursuant to subsection (b) and the amount to be reduced in each account.

______

SA 2406. Mr. BAUCUS (for himself, Mr. Sununu, Mr. Leahy, Mr. Tester, and 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; which was ordered to lie on the table; as follows:

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

Sec. 536. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.

______

SA 2407. Mr. LIEBERMAN (for himself and 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:

On page 35, line 20, strike ``$3,030,500,000'' and insert

``$3,130,500,000''.

On page 39, line 21, strike the colon, insert a period and add the following:

(4) $100,000,000 for grants under the Interoperable Emergency Communications Grants Program established under title XVIII of the Homeland Security Act of 2002; Provided, That the amounts appropriated to the Department of Homeland Security for discretionary spending in this Act shall be reduced on a pro rata basis by the percentage necessary to reduce the overall amount of such spending by $100,000,000.

______

SA 2408. Mr. LIEBERMAN (for himself, 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; which was ordered to lie on the table; as follows:

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

Sec. 536. (a) The amount appropriated by title III for necessary expenses for the United States Fire Administration is increased by $1,000,000 of which not to exceed $1,000,000 shall be available 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.

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

``analysis and operations'' is increased by $250,000, of which not to exceed $250,000 shall be used to pay salaries and expenses associated with maintaining rotating State and local fire service representation in the National Operations Center.

(c) The total amount appropriated by title II under the heading ``transportation security administration'' to provide for civil aviation security services pursuant to the Aviation and Transportation Security Act is reduced by $1,250,000 of which $1,250,000 shall be from the amount appropriated for screening operations: Provided, That the total amount of such reductions shall be from the amounts available for privatized screening airports.

______

SA 2409. Mr. LIEBERMAN 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:

TITLE __--ASYLUM AND DETENTION SAFEGUARDS

SEC. __01. SHORT TITLE.

This title may be cited as the ``Secure and Safe Detention and Asylum Act''.

SEC. __02. DEFINITIONS.

In this title:

(1) Credible fear of persecution.--The term ``credible fear of persecution'' has the meaning given that term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).

(2) Detainee.--The term ``detainee'' means an alien in the custody of the Department of Homeland Security who is held in a detention facility.

(3) Detention facility.--The term ``detention facility'' means any Federal facility in which an alien detained pending the outcome of a removal proceeding, or an alien detained pending the execution of a final order of removal, is detained for more than 72 hours, or any other facility in which such detention services are provided to the Federal Government by contract, and does not include detention at any port of entry in the United States.

(4) Reasonable fear of persecution or torture.--The term

``reasonable fear of persecution or torture'' has the meaning given that term in section 208.31 of title 8, Code of Federal Regulations.

(5) Standard.--The term ``standard'' means any policy, procedure, or other requirement.

SEC. __03. RECORDING EXPEDITED REMOVAL INTERVIEWS.

(a) In General.--The Secretary shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a standard manner, and that both these questions and the answers provided in response to them are recorded in a uniform fashion.

(b) Factors Relating to Sworn Statements.--Where practicable, as determined by the Secretary, in the Secretary's discretion, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act

(8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement.

(1) In general.--Subsection (b) shall not apply to interviews that occur at facilities, locations, or areas exempted by the Secretary pursuant to this subsection.

(2) Exemption.--The Secretary or the Secretary's designee may exempt any facility, location, or area from the requirements of this section based on a determination by the Secretary or the Secretary's designee that compliance with subsection (b) at that facility would impair operations or impose undue burdens or costs.

(3) Report.--The Secretary or the Secretary's designee shall report annually to Congress on the facilities that have been exempted pursuant to this subsection.

(d) Interpreters.--The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially.

(e) Recordings in Immigration Proceedings.--Recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and may be considered as evidence in any further proceedings involving the alien.

(f) No Private Right of Action.--Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding.

SEC. __04. OPTIONS REGARDING DETENTION DECISIONS.

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--

(1) in subsection (a)--

(A) in the matter preceding paragraph (1)--

(i) in the first sentence by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and

(ii) in the second sentence by striking ``Attorney General'' and inserting ``Secretary'';

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) by striking ``Attorney General'' and inserting

``Secretary''; and

(II) by striking ``or'' at the end;

(ii) in subparagraph (B), by striking ``but'' at the end; and

(iii) by inserting after subparagraph (B) the following:

``(C) the alien's own recognizance; or

``(D) a secure alternatives program as provided for in this section; but'';

(2) in subsection (b), by striking ``Attorney General'' and inserting ``Secretary'';

(3) in subsection (c)--

(A) by striking ``Attorney General'' and inserting

``Secretary'' each place it appears; and

(B) in paragraph (2), by inserting ``or for humanitarian reasons,'' after ``such an investigation,''; and

(4) in subsection (d)--

(A) in paragraph (1), by striking ``Attorney General'' and inserting ``Secretary'';

(B) in paragraph (1), in subparagraphs (A) and (B), by striking ``Service'' each place it appears and inserting

``Department of Homeland Security''; and

``Secretary of Homeland Security''.

SEC. __05. REPORT TO CONGRESS ON PAROLE PROCEDURES AND

STANDARDIZATION OF PAROLE PROCEDURES.

(a) In General.--The Attorney General and the Secretary of Homeland Security shall jointly conduct a review and report to the appropriate Committees of the Senate and the House of Representatives within 180 days of the date of enactment of this Act regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts. The report shall include the following:

(1) An analysis of the rate at which release from detention

(including release on parole) is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the United States, and any disparity that exists between locations or geographical areas, including explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole.

(2) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien's pursuit of their asylum claim before an immigration court.

(3) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien's physical and psychological well-being.

(4) An analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary in securing the alien's presence at the immigration court proceedings.

(b) Recommendations.--The report shall include recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts should be modified in order to ensure a more consistent application of these procedures in a way that both respects the interests of aliens pursuing valid claims of asylum and ensures the presence of the aliens at the immigration court proceedings.

SEC. __06. LEGAL ORIENTATION PROGRAM.

(a) In General.--The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through a program administered and implemented by the Executive Office for Immigration Review of the Department of Justice.

(b) Content of Program.--The legal orientation program developed pursuant to this section shall be based on the Legal Orientation Program carried out by the Executive Office for Immigration Review on the date of the enactment of this Act.

(c) Expansion of Legal Assistance.--The Secretary shall ensure the expansion through the United States Citizenship and Immigration Service of public-private partnerships that facilitate pro bono counseling and legal assistance for aliens awaiting a credible fear of persecution interview or an interview related to a reasonable fear of persecution or torture determination under section 241(b)(3).

SEC. __07. CONDITIONS OF DETENTION.

(a) In General.--The Secretary shall ensure that standards governing conditions and procedures at detention facilities are fully implemented and enforced, and that all detention facilities comply with the standards.

(b) Procedures and Standards.--The Secretary shall promulgate new standards, or modify existing detention standards, to comply with the following policies and procedures:

(1) Fair and humane treatment.--Procedures to prevent detainees from being subject to degrading or inhumane treatment such as physical abuse, sexual abuse or harassment, or arbitrary punishment.

(2) Limitations on solitary confinement.--Procedures limiting the use of solitary confinement, shackling, and strip searches of detainees to situations where the use of such techniques is necessitated by security interests, the safety of officers and other detainees, or other extraordinary circumstances.

(3) Investigation of grievances.--Procedures for the prompt and effective investigation of grievances raised by detainees.

(4) Access to telephones.--Procedures permitting detainees sufficient access to telephones, and the ability to contact, free of charge, legal representatives, the immigration courts, the Board of Immigration Appeals, and the Federal courts through confidential toll-free numbers.

(5) Location of facilities.--Location of detention facilities, to the extent practicable, near sources of free or low-cost legal representation with expertise in asylum or immigration law.

(6) Procedures governing transfers of detainees.--Procedures governing the transfer of a detainee that take into account--

(A) the detainee's access to legal representatives; and

(B) the proximity of the facility to the venue of the asylum or removal proceeding.

(7) Quality of medical care.--

(A) In general.--Essential medical care provided promptly at no cost to the detainee, including dental care, eye care, mental health care, and where appropriate, individual and group counseling, medical dietary needs, and other medically necessary specialized care. Medical facilities in all detention facilities used by the Department maintain current accreditation by the National Commission on Correctional Health Care (NCCHC). Requirements that each medical facility that is not accredited by the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) will seek to obtain such accreditation. Maintenance of complete medical records for every detainee which shall be made available upon request to a detainee, his legal representative, or other authorized individuals.

(B) Exception.--A detention facility that is not operated by the Department of Homeland Security or by a private contractor on behalf of the Department of Homeland Security shall not be required to maintain current accreditation by the NCCHC or to seek accreditation by the JCAHO.

(8) Translation capabilities.--The employment of detention facility staff that, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and the provision of alternative translation services when necessary.

(9) Recreational programs and activities.--Frequent access to indoor and outdoor recreational programs and activities.

(c) Special Standards for Noncriminal Detainees.--The Secretary shall promulgate new standards, or modifications to existing standards, that--

(1) recognize the distinctions between persons with criminal convictions or a history of violent behavior and all other detainees; and

(2) ensure that procedures and conditions of detention are appropriate for a noncriminal, nonviolent population.

(d) Special Standards for Specific Populations.--The Secretary shall promulgate new standards, or modifications to existing standards, that--

(1) recognize the unique needs of--

(A) victims of persecution, torture, trafficking, and domestic violence;

(B) families with children;

(D) detainees with special religious, cultural, or spiritual considerations; and

(2) ensure that procedures and conditions of detention are appropriate for the populations described in paragraph (1).

(e) Training of Personnel.--

(1) In general.--The Secretary shall ensure that personnel in detention facilities are given specialized training to better understand and work with the population of detainees held at the facilities where such personnel work. The training should address the unique needs of--

(A) aliens who have established credible fear of persecution;

(B) victims of torture or other trauma and victims of persecution, trafficking, and domestic violence; and

(C) families with children, detainees who do not speak English, and detainees with special religious, cultural, or spiritual considerations.

(2) Specialized training.--The training required by this subsection shall be designed to better enable personnel to work with detainees from different countries, and detainees who cannot speak English. The training shall emphasize that many detainees have no criminal records and are being held for civil violations.

SEC. __08. OFFICE OF DETENTION OVERSIGHT.

(a) Establishment of the Office.--

(1) In general.--There shall be established within the Department an Office of Detention Oversight (in this section referred to as the ``Office'').

(2) Head of the office.--There shall be at the head of the Office an Administrator. At the discretion of the Secretary, the Administrator of the Office shall be appointed by, and shall report to, either the Secretary or the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement. The Office shall be independent of the Office of Detention and Removal Operations, but shall be subject to the supervision and direction of the Secretary or Assistant Secretary.

(3) Schedule.--The Office shall be established and the Administrator of the Office appointed not later than 6 months after the date of the enactment of this Act.

(b) Responsibilities of the Office.--

(1) Inspections of detention centers.--The Administrator of the Office shall--

(A) undertake regular and, where appropriate, unannounced inspections of all detention facilities;

(B) develop a procedure for any detainee or the detainee's representative to file a confidential written complaint directly with the Office; and

(C) report to the Secretary and to the Assistant Secretary all findings of a detention facility's noncompliance with detention standards.

(2) Investigations.--The Administrator of the Office shall--

(A) initiate investigations, as appropriate, into allegations of systemic problems at detention facilities or incidents that constitute serious violations of detention standards;

(B) conduct any review or audit relating to detention as directed by the Secretary or the Assistant Secretary;

(D) refer matters, where appropriate, for further action to--

(i) the Department of Justice;

(ii) the Office of the Inspector General of the Department;

(iii) the Office of Civil Rights and Civil Liberties of the Department; or

(iv) any other relevant office or agency.

(3) Report to congress.--

(A) In general.--The Administrator of the Office shall submit to the Secretary, the Assistant Secretary, the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives an annual report on the Administrator's findings on detention conditions and the results of the completed investigations carried out by the Administrator.

(B) Contents of report.--Each report required by subparagraph (A) shall include--

(i) a description of--

(I) each detention facility found to be in noncompliance with the standards for detention required by this title; and

(II) the actions taken by the Department to remedy any findings of noncompliance or other identified problems; and

(ii) information regarding whether such actions were successful and resulted in compliance with detention standards.

(c) Cooperation With Other Offices and Agencies.--Whenever appropriate, the Administrator of the Office shall cooperate and coordinate its activities with--

(1) the Office of the Inspector General of the Department;

(2) the Office of Civil Rights and Civil Liberties of the Department;

(3) the Privacy Officer of the Department;

(4) the Department of Justice; or

(5) any other relevant office or agency.

SEC. __09. SECURE ALTERNATIVES PROGRAM.

(a) Establishment of Program.--The Secretary shall establish a secure alternatives program under which an alien who has been detained may be released under enhanced supervision to prevent the alien from absconding and to ensure that the alien makes appearances related to such detention.

(b) Program Requirements.--

(1) Nationwide implementation.--The Secretary shall facilitate the development of the secure alternatives program on a nationwide basis, as a continuation of existing pilot programs such as the Intensive Supervision Appearance Program developed by the Department.

(2) Utilization of alternatives.--In facilitating the development of the secure alternatives program, the Secretary shall have discretion to utilize a continuum of alternatives to a supervision of the alien, including placement of the alien with an individual or organizational sponsor, or in a supervised group home.

(3) Aliens eligible for secure alternatives program.--

(A) In general.--Aliens who would otherwise be subject to detention based on a consideration of the release criteria in section 236(b)(2), or who are released pursuant to section 236(c)(2), shall be considered for the secure alternatives program.

(B) Design of programs.--In developing the secure alternatives program, the Secretary shall take into account the extent to which the program includes only those alternatives to detention that reasonably and reliably ensure--

(i) the alien's continued presence at all future immigration proceedings;

(ii) the alien's compliance with any future order or removal; and

(iii) the public safety or national security.

(C) Continued evaluation.--The Secretary shall evaluate regularly the effectiveness of the program, including the effectiveness of the particular alternatives to detention used under the program, and make such modifications as the Secretary deems necessary to improve the program's effectiveness or to deter abuse.

(4) Contracts and other considerations.--The Secretary may enter into contracts with qualified nongovernmental entities to implement the secure alternatives program and, in designing such program, shall consult with relevant experts and consider programs that have proven successful in the past.

SEC. __10. LESS RESTRICTIVE DETENTION FACILITIES.

(a) Construction.--To the extent practicable, the Secretary shall facilitate the construction or use of secure but less restrictive detention facilities for the purpose of long-term detention where detainees are held longer than 72 hours.

(b) Criteria.--In pursuing the development of detention facilities pursuant to this section, the Secretary shall--

(1) consider the design, operation, and conditions of existing secure but less restrictive detention facilities; and

(2) to the extent practicable, construct or use detention facilities where--

(A) movement within and between indoor and outdoor areas of the facility is subject to minimal restrictions;

(B) detainees have ready access to social, psychological, and medical services;

(C) detainees with special needs, including those who have experienced trauma or torture, have ready access to services and treatment addressing their needs;

(D) detainees have frequent access to programs and recreation;

(E) detainees are permitted contact visits with legal representatives and family members; and

(F) special facilities are provided to families with children.

(c) Facilities for Families With Children.--In any case in which release or secure alternatives programs are not a practicable option, the Secretary shall, to the extent practicable, ensure that special detention facilities for the purposes of long-term detention where detainees are held longer than 72 hours are specifically designed to house parents with their minor children, including ensuring that--

(1) procedures and conditions of detention are appropriate for families with minor children; and

(2) living and sleeping quarters for children under 14 years of age are not physically separated from at least 1 of the child's parents.

(d) Placement in Nonpunitive Facilities.--Among the factors to be considered with respect to placing a detainee in a less restrictive facility is whether the detainee is--

(1) part of a family with minor children;

(2) a victim of persecution, torture, trafficking, or domestic violence; or

(3) a nonviolent, noncriminal detainee.

(e) Procedures and Standards.--Where necessary, the Secretary shall promulgate new standards, or modify existing detention standards, to promote the development of less restrictive detention facilities.

SEC. __11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

(a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this title.

(b) Effective Date.--This title and the amendments made by this title shall take effect on the date that is 180 days after the date of the enactment of this Act.

______

SA 2410. 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; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IG REPORT ON RISK-BASED GRANT PROGRAM.

Not later than 180 days after the date of enactment, of this Act, the Inspector General of the Department of Homeland Security shall submit a report to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))) which assesses the criteria the Department uses in its grant programs to determine the risk of an applicant to a terrorist attack and whether it is following Congressional directive related to the distribution of funds based on risk. The report shall include--

(1) an analysis of the Department's policy of ranking states, cities, and other grantees by tiered groups;

(2) an analysis of whether the grantees within those tiers are at a similar level of risk;

(3) examples of how the Department applied its risk methodologies to individual locations;

(4) recommendations to improve the Department's grant programs; and

(5) any other information the Inspector General finds relevant.

______

SA 2411. 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; which was ordered to lie on the table; as follows:

On page 37, line 7, insert ``, whether or not located in high-threat, high-density urban areas,'' after ``code)''.

______

SA 2412. Mr. GRAHAM (for himself, Mr. Gregg, Mr. Sessions, Mr. Kyl, Mr. Cornyn, Mr. McConnell, Mr. Domenici, Mr. McCain, Mr. Sununu, Mr. Martinez, Mr. Coleman, and Mr. Specter) 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 and for employment eligibility verification improvements. These amounts are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

TITLE XI--BORDER CONTROL ENHANCEMENTS

Subtitle A--Assets for Controlling United States Borders

SEC. 1101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--

(1) U.S. customs and border protection officers.--In each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty CBP officers and provide appropriate training, equipment, and support to such additional CBP officers.

(2) Investigative personnel.--

(A) Immigration and customs enforcement investigators.--Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking ``800'' and inserting ``1000''.

(B) Additional personnel.--In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph

(A), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.

(3) Deputy united states marshals.--In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals that assist in matters related to immigration.

(4) Recruitment of former military personnel.--

(A) In general.--The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.

(B) Report.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit a report on the implementation of the recruitment program established pursuant to subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(b) Authorization of Appropriations.--

(1) U.S. customs and border protection officers.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out paragraph (1) of subsection (a).

(2) Deputy united states marshals.--There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(3).

(3) Border patrol agents.--Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security shall increase the number of positions for full-time active duty border patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by not less than--

``(1) 2,000 in fiscal year 2007;

``(2) 2,400 in fiscal year 2008;

``(3) 2,400 in fiscal year 2009;

``(4) 2,400 in fiscal year 2010;

``(5) 2,400 in fiscal year 2011; and

``(6) 2,400 in fiscal year 2012.

``(b) Northern Border.--In each of the fiscal years 2008 through 2012, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year.

``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.''.

(1) Purpose.--The purpose of this subsection is to authorize the Secretary, acting through the Assistant Secretary of Immigration and Customs Enforcement (referred to in this subsection as the ``Secretary''), to establish new units of Customs Patrol Officers (commonly known as ``Shadow Wolves'') during the 5-year period beginning on the date of enactment of this Act.

(2) Establishment of new units.--

(A) In general.--During the 5-year period beginning on the date of enactment of this Act, the Secretary is authorized to establish within United States Immigration and Customs Enforcement up to 5 additional units of Customs Patrol Officers in accordance with this subsection, as appropriate.

(B) Membership.--Each new unit established pursuant to subparagraph (A) shall consist of up to 15 Customs Patrol Officers.

(3) Duties.--The additional Immigration and Customs Enforcement units established pursuant to paragraph (2)(A) shall operate on Indian reservations (as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452)) located on or near (as determined by the Secretary) an international border with Canada or Mexico, and such other Federal land as the Secretary determines to be appropriate, by--

(A) investigating and preventing the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and

(B) carrying out such other duties as the Secretary determines to be necessary.

(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2008 through 2013.

SEC. 1102. TECHNOLOGICAL ASSETS.

(a) Acquisition.--Subject to the availability of appropriations for such purpose, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the borders of the United States.

(b) Increased Availability of Equipment.--The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.

(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).

SEC. 1103. INFRASTRUCTURE.

Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--

(1) in subsection (a), by striking ``Attorney General, in consultation with the Commissioner of Immigration and Naturalization,'' and inserting ``Secretary of Homeland Security''; and

(2) in subsection (b)--

(A) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;

(B) by inserting before paragraph (2), as redesignated, the following:

``(1) Fencing near san diego, california.--In carrying out subsection (a), the Secretary shall provide for the construction along the 14 miles of the international land border of the United States, starting at the Pacific Ocean and extending eastward, of second and third fences, in addition to the existing reinforced fence, and for roads between the fences.''.

(i) in the header, by striking ``Security features'' and inserting ``Additional fencing along southwest border''; and

(ii) by striking subparagraphs (A) through (C) and inserting the following:

``(A) Reinforced fencing.--In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border.

``(B) Priority areas.--In carrying out this section, the Secretary of Homeland Security shall--

``(i) identify the 370 miles along the southwest border where fencing would be most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States; and

``(ii) not later than December 31, 2008, complete construction of reinforced fencing along the 370 miles identified under clause (i).

``(C) Consultation.--

``(i) In general.--In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.

``(ii) Savings provision.--Nothing in this subparagraph may be construed to--

``(I) create any right of action for a State, local government, or other person or entity affected by this subsection; or

``(II) affect the eminent domain laws of the United States or of any State.

``(D) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location.''; and

(D) in paragraph (5), as redesignated, by striking ``to carry out this subsection not to exceed $12,000,000'' and inserting ``such sums as may be necessary to carry out this subsection''. SEC. 1104. PORTS OF ENTRY.

Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Public Law 104-208, is amended by the addition, at the end of that section, of the following new subsection:

``(e) Construction and Improvements.--The Secretary is authorized to--

``(1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; and

``(2) make necessary improvements to the ports of entry.''.

SEC. 1105. INCREASED BORDER PATROL TRAINING CAPACITY.

(a) In General.--If the Secretary of Homeland Security, in his discretion, determines that existing capacity is insufficient to meet Border Patrol training needs, Secretary of Homeland Security shall acquire sufficient training staff and training facilities to increase the capacity of the Department of Homeland Security to train 2,400 new, full-time, active duty Border Patrol agents per year for fiscal years 2008 through 2012.

(b) Authorization of Appropriations.--There are authorized to be appropriated such amounts as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.

SEC. 1106. INCREASED IMMIGRATION AND CUSTOMS ENFORCEMENT

PERSONNEL.

(a) Removal Personnel.--During each of the fiscal years 2008 through 2012, the Secretary of Homeland Security shall increase by not less than 1,000 each year the number of positions for full-time active duty forensic auditors, intelligence officers, and investigators in United States Immigration and Customs Enforcement to carry out the removal of aliens who are not admissible to or are subject to removal from the United States, or have overstayed their nonimmigrant visas.

(b) Investigation Personnel.--During each of the fiscal years 2008 through 2012, the Secretary of Homeland Security shall increase by not less than 1,000 each year the number of positions for full-time investigators in United States Immigration and Customs Enforcement to investigate immigration fraud and enforce workplace violations.

(c) Authorization of Appropriations.--There are authorized to be appropriated such amounts as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.

Subtitle B--Other Border Security Initiatives

SEC. 1107. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Entering and Departing the United States.--Section 215 (8 U.S.C. 1185) is amended--

(1) by redesignating subsection (c) as subsection (g);

(2) by moving subsection (g), as redesignated by paragraph

(1), to the end; and

(3) by inserting after subsection (b) the following:

``(c) The Secretary is authorized to require aliens entering and departing the United States to provide biometric data and other information relating to their immigration status.''.

(b) Inspection of Applicants for Admission.--Section 235(d)

(8 U.S.C. 1225 (d)) is amended by adding at the end the following:

``(5) Authority to collect biometric data.--In conducting inspections under subsections (a) and (b), immigration officers are authorized to collect biometric data from--

``(A) any applicant for admission or any alien who is paroled under section 212(d)(5), seeking to or permitted to land temporarily as an alien crewman, or seeking to or permitted transit through the United States; or

``(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).''.

(c) Collection of Biometric Data From Alien Crewmen.--Section 252 (8 U.S.C. 1282) is amended by adding at the end the following:

``(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.''.

(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is amended--

(1) in subsection (a)(7), by adding at the end the following:

``(C) Withholders of biometric data.--Any alien who fails or has failed to comply with a lawful request for biometric data under section 215(c), 235(d), or 252(d) is inadmissible.''; and

(2) in subsection (d), by inserting after paragraph (1) the following:

``(2) The Secretary may waive the application of subsection

(a)(7)(C) for an individual alien or class of aliens.''.

(e) Implementation.--Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended--

(1) in subsection (c), by adding at the end the following:

``(3) Implementation.--In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register.''; and

(2) in subsection (l)--

(A) by striking ``There are authorized'' and inserting the following:

``(1) In general.--There are authorized''; and

(B) by adding at the end the following:

``(2) Implementation at all land border ports of entry.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.''.

SEC. 1108. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS

CONTROLS.

Section 758 of title 18, United States Code, is amended to read as follows:

``SEC. 758. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS

CONTROLS.

``(a) Evading a Checkpoint.--Any person who, while operating a motor vehicle or vessel, knowingly flees or evades a checkpoint operated by the Department of Homeland Security or any other Federal law enforcement agency, and then knowingly or recklessly disregards or disobeys the lawful command of any law enforcement agent, shall be fined under this title, imprisoned not more than 5 years, or both.

``(b) Failure to Stop.--Any person who, while operating a motor vehicle, aircraft, or vessel, knowingly, or recklessly disregards or disobeys the lawful command of an officer of the Department of Homeland Security engaged in the enforcement of the immigration, customs, or maritime laws, or the lawful command of any law enforcement agent assisting such officer, shall be fined under this title, imprisoned not more than 2 years, or both.

``(c) Alternative Penalties.--Notwithstanding the penalties provided in subsection (a) or (b), any person who violates such subsection shall--

``(1) be fined under this title, imprisoned not more than 10 years, or both, if the violation involved the operation of a motor vehicle, aircraft, or vessel--

``(A) in excess of the applicable or posted speed limit;

``(B) in excess of the rated capacity of the motor vehicle, aircraft, or vessel; or

``(C) in an otherwise dangerous or reckless manner;

``(2) be fined under this title, imprisoned not more than 20 years, or both, if the violation created a substantial and foreseeable risk of serious bodily injury or death to any person;

``(3) be fined under this title, imprisoned not more than 30 years, or both, if the violation caused serious bodily injury to any person; or

``(4) be fined under this title, imprisoned for any term of years or life, or both, if the violation resulted in the death of any person.

``(d) Attempt and Conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense.

``(e) Forfeiture.--Any property, real or personal, constituting or traceable to the gross proceeds of the offense and any property, real or personal, used or intended to be used to commit or facilitate the commission of the offense shall be subject to forfeiture.

``(f) Forfeiture Procedures.--Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of this title, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. Nothing in this section shall limit the authority of the Secretary to seize and forfeit motor vehicles, aircraft, or vessels under the Customs laws or any other laws of the United States.

``(g) Definitions.--For purposes of this section--

``(1) The term `checkpoint' includes, but is not limited to, any customs or immigration inspection at a port of entry.

``(2) The term `lawful command' includes, but is not limited to, a command to stop, decrease speed, alter course, or land, whether communicated orally, visually, by means of lights or sirens, or by radio, telephone, or other wire communication.

``(3) The term `law enforcement agent' means any Federal, State, local or tribal official authorized to enforce criminal law, and, when conveying a command covered under subsection (b) of this section, an air traffic controller.

``(4) The term `motor vehicle' means any motorized or self-propelled means of terrestrial transportation.

``(5) The term `serious bodily injury' has the meaning given in section 2119(2) of this title.''.

SEC. 1109. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT:

EXPANDING THE DEFINITION OF CONVEYANCES WITH

HIDDEN COMPARTMENTS SUBJECT TO FORFEITURE.

(a) In General.--Section 1703 of title 19, United States Code is amended:

(1) by amending the title of such section to read as follows:

``SEC. 1703. SEIZURE AND FORFEITURE OF VESSELS, VEHICLES,

OTHER CONVEYANCES, AND INSTRUMENTS OF

INTERNATIONAL TRAFFIC.'';

(2) by amending the title of subsection (a) to read as follows:

``(a) Vessels, Vehicles, Other Conveyances, and Instruments of International Traffic Subject to Seizure and Forfeiture.--

'';

(3) by amending the title of subsection (b) to read as follows:

``(b) Vessels, Vehicles, Other Conveyances, and Instruments of International Traffic Defined.--'';

(4) by inserting ``, vehicle, other conveyance, or instrument of international traffic'' after the word

``vessel'' everywhere it appears in the text of subsections

(a) and (b); and

(5) by amending subsection (c) to read as follows:

``(c) Acts Constituting Prima Facie Evidence of Vessel, Vehicle, or Other Conveyance or Instrument of International Traffic Engaged in Smuggling.--For the purposes of this section, prima facie evidence that a conveyance is being, or has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be--

``(1) in the case of a vessel, the fact that a vessel has become subject to pursuit as provided in section 1581 of this title, or is a hovering vessel, or that a vessel fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display light as required by law; and

``(2) in the case of a vehicle, other conveyance, or instrument of international traffic, the fact that a vehicle, other conveyance, or instrument of international traffic has any compartment or equipment that is built or fitted out for smuggling.''.

(b) Clerical Amendment.--The table of sections for Chapter 5 in title 19, United States Code, is amended by striking the items relating to section 1703 and inserting in lieu thereof the following:

``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other conveyances and instruments of international traffic.''.

Subtitle C--Other Measures

SEC. 1110. DEATHS AT UNITED STATES-MEXICO BORDER.

(a) Collection of Statistics.--The Commissioner of the Bureau of Customs and Border Protection shall collect statistics relating to deaths occurring at the border between the United States and Mexico, including--

(1) the causes of the deaths; and

(2) the total number of deaths.

(b) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of the Bureau of Customs and Border Protection shall submit to the Secretary a report that--

(1) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; and

(2) recommends actions to reduce the deaths described in subsection (a).

SEC. 1111. BORDER SECURITY ON CERTAIN FEDERAL LAND.

(a) Definitions.--In this section:

(1) Protected land.--The term ``protected land'' means land under the jurisdiction of the Secretary concerned.

(2) Secretary concerned.--The term ``Secretary concerned'' means--

(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b) Support for Border Security Needs.--

(1) In general.--To gain operational control over the international land borders of the United States and to prevent the entry of terrorists, unlawful aliens, narcotics, and other contraband into the United States, the Secretary, in cooperation with the Secretary concerned, shall provide--

(A) increased United States Customs and Border Protection personnel to secure protected land along the international land borders of the United States;

(B) Federal land resource training for United States Customs and Border Protection agents dedicated to protected land; and

(C) Unmanned Aerial Vehicles, aerial assets, Remote Video Surveillance camera systems, and sensors on protected land that is directly adjacent to the international land border of the United States.

(2) Coordination.--In providing training for Customs and Border Protection agents under paragraph (1)(B), the Secretary shall coordinate with the Secretary concerned to ensure that the training is appropriate to the mission of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, or the relevant agency of the Department of the Interior or the Department of Agriculture to minimize the adverse impact on natural and cultural resources from border protection activities.

(c) Analysis of Damage to Protected Lands.--The Secretary and Secretaries concerned shall develop an analysis of damage to protected lands relating to illegal border activity, including the cost of equipment, training, recurring maintenance, construction of facilities, restoration of natural and cultural resources, recapitalization of facilities, and operations.

(d) Recommendations.--The Secretary shall--

(1) develop joint recommendations with the National Park Service, the United States Fish and Wildlife Service, and the Forest Service for an appropriate cost recovery mechanism relating to items identified in subsection (c); and

(2) not later than 1 year from the date of enactment, submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), including the Subcommittee on National Parks of the Senate and the Subcommittee on National Parks, Recreation, and Public Lands of the House of Representatives, the recommendations developed under paragraph (1).

(e) Border Protection Strategy.--The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects the homeland, including--

(1) units of the National Park System;

(2) National Forest System land;

(3) land under the jurisdiction of the United States Fish and Wildlife Service; and

(4) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture.

SEC. 1112. SECURE COMMUNICATION.

The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities--

(1) among all Border Patrol agents conducting operations between ports of entry;

(2) between Border Patrol agents and their respective Border Patrol stations; and

(3) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.

SEC. 1113. UNMANNED AIRCRAFT SYSTEMS.

(a) Unmanned Aircraft and Associated Infrastructure.--The Secretary shall acquire and maintain unmanned aircraft systems for use on the border, including related equipment such as--

(1) additional sensors;

(2) critical spares;

(3) satellite command and control; and

(4) other necessary equipment for operational support.

(b) Authorization of Appropriations.--

(1) In general.--There are authorized to be appropriated to the Secretary to carry out subsection (a)--

(A) $178,400,000 for fiscal year 2008; and

(B) $276,000,000 for fiscal year 2009.

(2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

SEC. 1114. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Program.--

(1) In general.--In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004

(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each such border.

(2) Assessment and consultation requirements.--In developing the program under this subsection, the Secretary shall--

(A) consider current and proposed aerial surveillance technologies;

(B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;

(C) consult with the Secretary of Defense regarding any technologies or equipment which the Secretary may deploy along an international border of the United States; and

(D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.

(3) Additional requirements.--The program developed under this subsection shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances--

(A) the significance of previous experiences with such technologies in border security or critical infrastructure protection;

(B) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and

(4) Continued use of aerial surveillance technologies.--The Secretary may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies.

(5) Report to congress.--Not later than 180 days after implementing the program under this subsection, the Secretary shall submit a report to Congress regarding the program developed under this subsection. The Secretary shall include in the report a description of the program together with such recommendations as the Secretary finds appropriate for enhancing the program.

(6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(b) Integrated and Automated Surveillance Program.--

(1) Requirement for program.--Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program.

(2) Program components.--The Secretary shall ensure, to the maximum extent feasible, the Integrated and Automated Surveillance Program is carried out in a manner that--

(A) the technologies utilized in the Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras, whereby a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;

(B) cameras utilized in the Program do not have to be manually operated;

(D) surveillance video taken by such cameras can be viewed at multiple designated communications centers;

(E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;

(F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;

(G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;

(H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure;

(I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; and

(J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions.

(3) Report to congress.--Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program.

(4) Evaluation of contractors.--

(A) Requirement for standards.--The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.

(B) Review by the inspector general.--The Inspector General of the Department shall timely review each new contract related to the Program that has a value of more than

$5,000,000, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. The Inspector General shall report the findings of such review to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings.

(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

SEC. 1115. SURVEILLANCE PLAN.

(a) Requirement for Plan.--The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States.

(b) Content.--The plan required by subsection (a) shall include the following:

(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.

(2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of the enactment of this Act.

(3) A description of how the Commissioner of the United States Customs and Border Protection of the Department is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology.

(4) A description of the specific surveillance technology to be deployed.

(5) Identification of any obstacles that may impede such deployment.

(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.

(7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles.

(c) Submission to Congress.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress the plan required by this section.

SEC. 1116. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Requirement for Strategy.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States.

(b) Content.--The National Strategy for Border Security shall include the following:

(1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 1115.

(2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.

(3) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken--

(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and

(B) to protect critical infrastructure at or near such ports of entry or borders.

(4) An assessment of the legal requirements that prevent achieving and maintaining operational control over the entire international land and maritime borders of the United States.

(5) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.

(6) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.

(7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.

(8) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, personal property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations.

(9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.

(10) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.

(11) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.

(12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.

(13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.

(c) Consultation.--In developing the National Strategy for Border Security, the Secretary shall consult with representatives of--

(1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; and

(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.

(d) Coordination.--The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.

(e) Submission to Congress.--

(1) Strategy.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security.

(2) Updates.--The Secretary shall submit to Congress any update of such Strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.

(f) Immediate Action.--Nothing in this section or section 1107 may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.

SEC. 1117. BORDER PATROL TRAINING CAPACITY REVIEW.

(a) In General.--The Comptroller General of the United States shall conduct a review of the basic training provided to Border Patrol agents by the Secretary to ensure that such training is provided as efficiently and cost-effectively as possible.

(b) Components of Review.--The review under subsection (a) shall include the following components:

(1) An evaluation of the length and content of the basic training curriculum provided to new Border Patrol agents by the Federal Law Enforcement Training Center, including a description of how such curriculum has changed since September 11, 2001, and an evaluation of language and cultural diversity training programs provided within such curriculum.

(2) A review and a detailed breakdown of the costs incurred by the Bureau of Customs and Border Protection and the Federal Law Enforcement Training Center to train 1 new Border Patrol agent.

(3) A comparison, based on the review and breakdown under paragraph (2), of the costs, effectiveness, scope, and quality, including geographic characteristics, with other similar training programs provided by State and local agencies, nonprofit organizations, universities, and the private sector.

(4) An evaluation of whether utilizing comparable non-Federal training programs, proficiency testing, and long-distance learning programs may affect--

(A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year;

(B) the per agent costs of basic training; and

SEC. 1118. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2008, the Secretary shall--

(1) in consultation with the Attorney General, enhance connectivity between the Automated Biometric Fingerprint Identification System (IDENT) of the Department and the Integrated Automated Fingerprint Identification System

(IAFIS) of the Federal Bureau of Investigation to ensure more expeditious data searches; and

(2) in consultation with the Secretary of State, collect all fingerprints from each alien required to provide fingerprints during the alien's initial enrollment in the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 1119. US-VISIT SYSTEM.

Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for--

(1) equipping all land border ports of entry of the United States with the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);

(2) developing and deploying at such ports of entry the exit component of the US-VISIT system; and

(3) making interoperable all immigration screening systems operated by the Secretary.

SEC. 1120. DOCUMENT FRAUD DETECTION.

(a) Training.--Subject to the availability of appropriations, the Secretary shall provide all United States Customs and Border Protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the head of the Forensic Document Laboratory of the United States Immigration and Customs Enforcement.

(b) Forensic Document Laboratory.--The Secretary shall provide all United States Customs and Border Protection officers with access to the Forensic Document Laboratory.

(1) Requirement for assessment.--The Inspector General of the Department shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Laboratory.

(2) Report to congress.--Not later than 6 months after the date of the enactment of this Act, the Inspector General shall submit to Congress the findings of the assessment required by paragraph (1).

(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.

SEC. 1121. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--

(1) In general.--The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--

(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and

(B) the impact of any lack of security along the United States border.

(2) Duration.--Grants may be awarded under this subsection during fiscal years 2008 through 2012.

(3) Competitive basis.--The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community--

(A) with a population of less than 50,000; and

(B) located no more than 100 miles from a United States border with--

(i) Canada; or

(ii) Mexico.

(b) Use of Funds.--Grants awarded pursuant to subsection

(a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--

(1) to obtain equipment;

(2) to hire additional personnel;

(3) to upgrade and maintain law enforcement technology;

(4) to cover operational costs, including overtime and transportation costs; and

(5) such other resources as are available to assist that agency.

(1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(2) Contents.--Each application submitted pursuant to paragraph (1) shall--

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.

(d) Definitions.--For the purposes of this section:

(1) Eligible law enforcement agency.--The term ``eligible law enforcement agency'' means a tribal, State, or local law enforcement agency--

(A) located in a county no more than 100 miles from a United States border with--

(i) Canada; or

(ii) Mexico; or

(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.

(2) High impact area.--The term ``High Impact Area'' means any county designated by the Secretary as such, taking into consideration--

(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;

(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; and

(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.

(e) Authorization of Appropriations.--

(1) In general.--There are authorized to be appropriated

$100,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.

(2) Division of authorized funds.--Of the amounts authorized under paragraph (1)--

(A) \2/3\ shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and

(B) \1/3\ shall be set aside for areas designated as a High Impact Area under subsection (d).

(f) Supplement Not Supplant.--Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.

SEC. 1122. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

(a) Requirement To Update.--Not later than January 31 of each year, the Administrator of General Services, in consultation with United States Customs and Border Protection, shall update the Port of Entry Infrastructure Assessment Study prepared by United States Customs and Border Protection in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session

(House of Representatives Rep. No. 106-319, on page 67) and submit such updated study to Congress.

(b) Consultation.--In preparing the updated studies required in subsection (a), the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and the Commissioner.

(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;

(2) include the projects identified in the National Land Border Security Plan required by section 3422; and

(3) prioritize the projects described in paragraphs (1) and

(2) based on the ability of a project to--

(A) fulfill immediate security requirements; and

(B) facilitate trade across the borders of the United States.

(d) Project Implementation.--The Commissioner shall implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under subsection (c)(3).

(e) Divergence From Priorities.--The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, such as immediate security needs or changes in infrastructure in Mexico or Canada, compellingly alter the need for a project in the United States.

SEC. 1123. NATIONAL LAND BORDER SECURITY PLAN.

(a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, after consultation with representatives of Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border, shall submit a National Land Border Security Plan to Congress.

(b) Vulnerability Assessment.--

(1) In general.--The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border.

(2) Port security coordinators.--The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border--

(A) to assist in conducting a vulnerability assessment at such port; and

(B) to provide other assistance with the preparation of the plan required in subsection (a).

SEC. 1124. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary shall carry out a technology demonstration program to--

(1) test and evaluate new port of entry technologies;

(2) refine port of entry technologies and operational concepts; and

(3) train personnel under realistic conditions.

(b) Technology and Facilities.--

(1) Technology testing.--Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to--

(A) inspections;

(B) communications;

(D) identification of persons and cargo;

(E) sensory devices;

(F) personal detection;

(G) decision support; and

(H) the detection and identification of weapons of mass destruction.

(2) Development of facilities.--At a demonstration site selected pursuant to subsection (c)(2), the Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including--

(A) cross-training among agencies;

(B) advanced law enforcement training; and

(1) Number.--The Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.

(2) Selection criteria.--To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall--

(A) have been established not more than 15 years before the date of the enactment of this Act;

(B) consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; and

(C) have serviced an average of not more than 50,000 vehicles per month during the 1-year period ending on the date of the enactment of this Act.

(d) Relationship With Other Agencies.--The Secretary shall permit personnel from an appropriate Federal or State agency to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including technologies described in subparagraphs (A) through

(H) of subsection (b)(1).

(e) Report.--

(1) Requirement.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section.

(2) Content.--The report submitted under paragraph (1) shall include an assessment by the Secretary of the feasibility of incorporating any demonstrated technology for use throughout the United States Customs and Border Protection.

SEC. 1125. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan.--The Secretary shall develop and implement a plan to improve coordination between the United States Immigration and Customs Enforcement and the United States Customs and Border Protection of the Department and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling.

(b) Content.--In developing the plan required by subsection

(a), the Secretary shall consider--

(1) the interoperability of databases utilized to prevent human smuggling;

(2) adequate and effective personnel training;

(3) methods and programs to effectively target networks that engage in such smuggling;

(4) effective utilization of--

(A) visas for victims of trafficking and other crimes; and

(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;

(5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; and

(6) other measures that the Secretary considers appropriate to combating human smuggling.

(c) Report.--Not later than 1 year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling.

(d) Savings Provision.--Nothing in this section may be construed to provide additional authority to any State or local entity to enforce Federal immigration laws.

SEC. 1126. INCREASE OF FEDERAL DETENTION SPACE AND THE

UTILIZATION OF FACILITIES IDENTIFIED FOR

CLOSURES AS A RESULT OF THE DEFENSE BASE

CLOSURE REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities.--The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, at least 20 detention facilities in the United States that have the capacity to detain a combined total of not less than 20,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States subject to available appropriations.

(b) Construction of or Acquisition of Detention Facilities.--

(1) Requirement to construct or acquire.--The Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required by section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004, as amended by subsection (a), subject to available appropriations.

(2) Use of alternate detention facilities.--Subject to the availability of appropriations, the Secretary shall fully utilize all possible options to cost effectively increase available detention capacities, and shall utilize detention facilities that are owned and operated by the Federal Government if the use of such facilities is cost effective.

(3) Use of installations under base closure laws.--In acquiring additional detention facilities under this subsection, the Secretary shall consider the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for use in accordance with subsection (a).

(4) Determination of location.--The location of any detention facility constructed or acquired in accordance with this subsection shall be determined, with the concurrence of the Secretary, by the senior officer responsible for Detention and Removal Operations in the Department. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States.

(c) Annual Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, in consultation with the heads of other appropriate Federal agencies, the Secretary shall submit to Congress an assessment of the additional detention facilities and bed space needed to detain unlawful aliens apprehended at the United States ports of entry or along the international land borders of the United States.

(d) Technical and Conforming Amendment.--Section 241(g)(1)

(8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting ``shall expend''.

(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 1127. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW

COMMISSION.

(a) Establishment of Commission.--

(1) In general.--There is established an independent commission to be known as the United States-Mexico Border Enforcement Review Commission (referred to in this section as the ``Commission'').

(2) Purposes.--The purposes of the Commission are--

(A) to study the overall enforcement strategies, programs, and policies of Federal agencies along the United States-Mexico border; and

(B) to make recommendations to the President and Congress with respect to such strategies, programs, and policies.

(3) Membership.--The Commission shall be composed of 17 voting members, who shall be appointed as follows:

(A) The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom--

(i) 1 shall be a local elected official from the State's border region;

(ii) 1 shall be a local law enforcement official from the State's border region; and

(iii) 2 shall be from the State's communities of academia, religious leaders, civic leaders, or community leaders.

(B) 2 nonvoting members, of whom--

(i) 1 shall be appointed by the Secretary;

(ii) 1 shall be appointed by the Attorney General; and

(iii) 1 shall be appointed by the Secretary of State.

(4) Qualifications.--

(A) In general.--Members of the Commission shall be--

(i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade, and commerce or other pertinent qualifications or experience; and

(ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico;

(B) Political affiliation.--Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party.

(C) Nongovernmental appointees.--An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government.

(5) Deadline for appointment.--All members of the Commission shall be appointed not later than 6 months after the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member.

(6) Term of service.--The term of office for members shall be for life of the Commission.

(7) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(8) Meetings.--

(A) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable.

(B) Subsequent meetings.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members.

(9) Quorum.--Nine members of the Commission shall constitute a quorum.

(10) Chair and vice chair.--The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members. The term of office shall be for the life of the Commission.

(b) Duties.--The Commission shall review, examine, and make recommendations regarding border enforcement policies, strategies, and programs, including recommendations regarding--

(1) the protection of human and civil rights of community residents and migrants along the international border between the United States and Mexico;

(2) the adequacy and effectiveness of human and civil rights training of enforcement personnel on such border;

(3) the adequacy of the complaint process within the agencies and programs of the Department that are employed when an individual files a grievance;

(4) the effect of the operations, technology, and enforcement infrastructure along such border on the--

(A) environment;

(B) cross-border traffic and commerce; and

(5) local law enforcement involvement in the enforcement of Federal immigration law; and

(6) any other matters regarding border enforcement policies, strategies, and programs the Commission determines appropriate.

(1) Information from federal agencies.--The Commission may seek directly from any department or agency of the United States such information, including suggestions, estimates, and statistics, as allowed by law and as the Commission considers necessary to carry out the provisions of this section. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission.

(2) Assistance from federal agencies.--The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission's functions. The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as they determine advisable and as authorized by law.

(d) Compensation.--

(1) In general.--Members of the Commission shall serve without pay.

(2) Reimbursement of expenses.--All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties.

(e) Report.--Not later than 2 years after the date of the first meeting called pursuant to (a)(8)(A), the Commission shall submit a report to the President and Congress that contains--

(1) findings with respect to the duties of the Commission;

(2) recommendations regarding border enforcement policies, strategies, and programs;

(3) suggestions for the implementation of the Commission's recommendations; and

(4) a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (g), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date.

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

(g) Sunset.--Unless the Commission is reauthorized by Congress, the Commission shall terminate on the date that is 90 days after the date the Commission submits the report described in subsection (e).

SEC. 1128. 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 the 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.

TITLE XII--ENFORCEMENT ENHANCEMENTS

SEC. 1201. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW

ENFORCEMENT OFFICERS.

Subsection (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the end the following new paragraph:

``(4) Acquiring such information, if the person seeking such information has probable cause to believe that the individual is not lawfully present in the United States.''.

SEC. 1202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

(a) Amendments.--Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

(1) by striking ``Attorney General'' the first place it appears, except for the first reference in subsection

(a)(4)(B)(i), and inserting ``Secretary of Homeland Security'';

(2) by striking ``Attorney General'' any other place it appears and inserting ``Secretary'';

(3) in paragraph (1)--

(A) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the expiration date of the stay of removal.'';

(B) by amending subparagraph (C) to read as follows:

``(C) Extension of period.--The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to--

``(i) make all reasonable efforts to comply with the removal order; or

``(ii) fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including failing to make timely application in good faith for travel or other documents necessary to the alien's departure, or conspiring or acting to prevent the alien's removal.''; and

``(D) Tolling of period.--If, at the time described in subparagraph (B), the alien is not in the custody of the Secretary under the authority of this Act, the removal period shall not begin until the alien is taken into such custody. If the Secretary lawfully transfers custody of the alien during the removal period to another Federal agency or to a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall recommence on the date on which the alien is returned to the custody of the Secretary.'';

(4) in paragraph (2), by adding at the end the following:

``If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administrative final order of removal, the Secretary, in the exercise of discretion, may detain the alien during the pendency of such stay of removal.'';

(5) in paragraph (3), by amending subparagraph (D) to read as follows:

``(D) to obey reasonable restrictions on the alien's conduct or activities, or to perform affirmative acts, that the Secretary prescribes for the alien--

``(i) to prevent the alien from absconding;

``(ii) for the protection of the community; or

``(iii) for other purposes related to the enforcement of the immigration laws.'';

(6) in paragraph (6), by striking ``removal period and, if released,'' and inserting ``removal period, in the discretion of the Secretary, without any limitations other than those specified in this section, until the alien is removed. If an alien is released, the alien'';

(7) by redesignating paragraph (7) as paragraph (10); and

(8) by inserting after paragraph (6) the following:

``(7) Parole.--If an alien detained pursuant to paragraph

(6) is an applicant for admission, the Secretary of Homeland Security, in the Secretary's discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding section 212(d)(5), that the alien shall not be returned to custody unless either the alien violates the conditions of the alien's parole or the alien's removal becomes reasonably foreseeable, provided that in no circumstance shall such alien be considered admitted.

``(8) Additional rules for detention or release of aliens.--The following procedures shall apply to an alien detained under this section:

``(A) Detention review process for aliens who have effected an entry and fully cooperate with removal.--The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien described in subparagraph (B) should be detained or released after the removal period in accordance with this paragraph.

``(B) Alien described.--An alien is described in this subparagraph if the alien--

``(i) has effected an entry into the United States;

``(ii) has made all reasonable efforts to comply with the alien's removal order;

``(iii) has cooperated fully with the Secretary's efforts to establish the alien's identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary for the alien's departure; and

``(iv) has not conspired or acted to prevent removal.

``(C) Evidence.--In making a determination under subparagraph (A), the Secretary--

``(i) shall consider any evidence submitted by the alien; and

``(ii) may consider any other evidence, including--

``(I) any information or assistance provided by the Department of State or other Federal agency; and

``(II) any other information available to the Secretary pertaining to the ability to remove the alien.

``(D) Authority to detain for 90 days beyond removal period.--The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)).

``(E) Authority to detain for additional period.--The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien beyond the 90-day period authorized under subparagraph (D) until the alien is removed, if the Secretary--

``(i) determines that there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; or

``(ii) certifies in writing--

``(I) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;

``(II) after receipt of a written recommendation from the Secretary of State, that the release of the alien would likely have serious adverse foreign policy consequences for the United States;

``(III) based on information available to the Secretary

(including classified, sensitive, or national security information, and regardless of the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States;

``(IV) that--

``(aa) the release of the alien would threaten the safety of the community or any person, and conditions of release cannot reasonably be expected to ensure the safety of the community or any person; and

``(bb) the alien--

``(AA) has been convicted of 1 or more aggravated felonies

(as defined in section 101(a)(43)(A)), or of 1 or more attempts or conspiracies to commit any such aggravated felonies for an aggregate term of imprisonment of at least 5 years; or

``(BB) has committed a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, is likely to engage in acts of violence in the future; or

``(V) that--

``(aa) the release of the alien would threaten the safety of the community or any person, notwithstanding conditions of release designed to ensure the safety of the community or any person; and

``(bb) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)) for which the alien was sentenced to an aggregate term of imprisonment of not less than 1 year.

``(F) Attorney general review.--If the Secretary authorizes an extension of detention under subparagraph (E), the alien may seek review of that determination before the Attorney General. If the Attorney General concludes that the alien should be released, then the Secretary shall release the alien pursuant to subparagraph (I). The Attorney General, in consultation with the Secretary, shall promulgate regulations governing review under this paragraph.

``(G) Administrative review process.--The Secretary, without any limitations other than those specified in this section, may detain an alien pending a determination under subparagraph (E)(ii), if the Secretary has initiated the administrative review process identified in subparagraph (A) not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)).

``(H) Renewal and delegation of certification.--

``(i) Renewal.--The Secretary may renew a certification under subparagraph (E)(ii) every 6 months, without limitation, after providing the alien with an opportunity to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew such certification, the Secretary shall release the alien, pursuant to subparagraph

(I). If the Secretary authorizes an extension of detention under paragraph (E), the alien may seek review of that determination before the Attorney General. If the Attorney General concludes that the alien should be released, then the Secretary shall release the alien pursuant to subparagraph

(I).

``(ii) Delegation.--Notwithstanding any other provision of law, the Secretary may not delegate the authority to make or renew a certification described in subclause (II), (III), or

(V) of subparagraph (E)(ii) below the level of the Assistant Secretary for Immigration and Customs Enforcement.

``(iii) Hearing.--The Secretary may request that the Attorney General, or a designee of the Attorney General, provide for a hearing to make the determination described in subparagraph (E)(ii)(IV)(bb)(BB).

``(I) Release on conditions.--If it is determined that an alien should be released from detention, the Secretary may, in the Secretary's discretion, impose conditions on release in accordance with the regulations prescribed pursuant to paragraph (3).

``(J) Redetention.--The Secretary, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who has previously been released from custody if--

``(i) the alien fails to comply with the conditions of release;

``(ii) the alien fails to continue to satisfy the conditions described in subparagraph (B); or

``(iii) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (E).

``(K) Applicability.--This paragraph and paragraphs (6) and

(7) shall apply to any alien returned to custody under subparagraph (I) as if the removal period terminated on the day of the redetention.

``(L) Detention review process for aliens who have effected an entry and fail to cooperate with removal.--The Secretary shall detain an alien until the alien makes all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary's efforts, if the alien--

``(i) has effected an entry into the United States; and

``(ii)(I) and the alien faces a significant likelihood that the alien will be removed in the reasonably foreseeable future, or would have been removed if the alien had not--

``(aa) failed or refused to make all reasonable efforts to comply with a removal order;

``(bb) failed or refused to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including the failure to make timely application in good faith for travel or other documents necessary to the alien's departure; or

``(cc) conspired or acted to prevent removal; or

``(II) the Secretary makes a certification as specified in subparagraph (E), or the renewal of a certification specified in subparagraph (H).

``(M) Detention review process for aliens who have not effected an entry.--Except as otherwise provided in this subparagraph, the Secretary shall follow the guidelines established in section 241.4 of title 8, Code of Federal Regulations, when detaining aliens who have not effected an entry. The Secretary may decide to apply the review process outlined in this paragraph.

``(9) Judicial review.--Judicial review of any action or decision made pursuant to paragraph (6), (7), or (8) shall be available exclusively in a habeas corpus proceeding brought in a United States district court and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.''.

(b) Effective Date.--The amendments made by subsection

(a)--

(1) shall take effect on the date of the enactment of this Act; and

(2) shall apply to--

(A) any alien subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act, unless --

(i) that order was issued and the alien was subsequently released or paroled before the enactment of this Act and

(ii) the alien has complied with and remains in compliance with the terms and conditions of that release or parole; and

(B) any act or condition occurring or existing before, on, or after the date of the enactment of this Act.

(1) Detention of inadmissible arriving aliens.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:

``(e) Length of Detention.--

``(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

``(2) Effect on other detention.--The length of a detention under this section shall not affect the validity of any detention under section 241.

``(f) Judicial Review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (e) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.''.

(2) Detention of apprehended aliens.--Section 236 of such Act (8 U.S.C. 1226) is amended--

(A) by redesignating subsection (e) as subsection (f);

(B) by inserting after subsection (d) the following:

``(e) Length of Detention.--

``(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

``(2) Effect on other detention.--The length of a detention under this section shall not affect the validity of any detention under section 241.''; and

(C) in subsection (f), as redesignated by subparagraph (A), by adding at the end the following: ``Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.''.

(d) Severability.--If any provision of this section, any amendment made by this section, or the application of any such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this section, the amendments made by this section, and the application of the provisions and amendments made by this section to any other person or circumstance shall not be affected by such holding.

SEC. 1203. DETENTION PENDING DEPORTATION OF ALIENS WHO

OVERSTAY.

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following:

``(e) Detention of Aliens Who Exceed the Alien's Period of Authorized Admission.--

``(1) Custody.--An alien shall be arrested and detained by the Secretary of Homeland Security pending a decision on whether the alien is to be removed from the United States if the alien knowingly, or with reason to know exceeded, for willfully exceeding, by 60 days or more, the period of the alien's authorized admission or parole into the United States.

``(2) Reason to know.--An alien shall be deemed to have reason to know that they exceeded the period of authorized admission if their passport is stamped with the expected departure date, or if the code section under which the visa they applied for contains a length of time for which the visa can be issued.

``(3) Waiver.--The Secretary of Homeland Security may waive the application of paragraph (1) if the Secretary determines that the alien exceeded the alien's period of authorized admission or parole as a result of exceptional circumstances beyond the control of the alien or the Secretary determines a waiver is necessary for humanitarian purposes.''.

SEC. 1204. ILLEGAL REENTRY.

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by striking subsections (a) through

``(a) Reentry After Removal.--An alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 60 days and not more than 2 years.

``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection--

``(1) was convicted for 3 or more misdemeanors or a felony before such removal or departure, the alien shall be fined under title 18, United States Code, and imprisoned not less than 1 year and not more than 10 years;

``(2) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, and imprisoned not less than 2 years and not more than 15 years;

``(3) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, and imprisoned not less than 4 years and not more than 20 years;

``(4) was convicted for 3 felonies before such removal or departure, the alien shall be fined under such title, and imprisoned not less than 4 years and not more than 20 years; or

``(5) was convicted, before such removal or departure, for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B

(relating to terrorism) of such title, the alien shall be fined under such title, and imprisoned not less than 5 years and not more than 20 years.

``(c) Reentry After Repeated Removal.--Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 2 years and not more than 10 years.''.

SEC. 1205. AGGRAVATED FELONY.

(a) Definition of Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--

(1) by striking ``The term `aggravated felony' means--'' and inserting ``Notwithstanding any other provision of law, the term `aggravated felony' applies to an offense described in this paragraph, whether in violation of Federal or State law, and to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the length of the term of imprisonment for the offense is based on recidivism or other enhancements, and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means--'';

(2) in subparagraph (A), by striking ``murder, rape, or sexual abuse of a minor;'' and inserting ``murder, rape, or sexual abuse of a minor, whether or not the minority of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction;'';

(3) in subparagraph (N), by striking ``paragraph (1)(A) or

(2) of'';

(4) in subparagraph (O), by striking ``section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph'' and inserting ``section 275 or 276 for which the term of imprisonment is at least 1 year'';

(5) by striking the undesignated matter following subparagraph (U);

(6) in subparagraph (E)--

(A) in clause (ii), by inserting ``, (c),'' after

``924(b)'' and by striking ``or'' at the end; and

(B) by adding at the end the following new clauses:

``(iv) section 2250 of title 18, United States Code

(relating to failure to register as a sex offender); or

``(v) section 521(d) of title 18, United States Code

(relating to penalties for offenses committed by criminal street gangs);''; and

(7) by amending subparagraph (F) to read as follows:

``(F) either--

``(i) a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense); or

``(ii) a third conviction for driving while intoxicated

(including a third conviction for driving while under the influence or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law, for which the term of imprisonment is at least 1 year;''.

(b) Effective Date.--The amendments made by this section shall--

(1) take effect on the date of the enactment of this Act; and

(2) apply to any act that occurred before, on, or after such date of enactment.

SEC. 1206. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS

AND OTHER CRIMINALS.

(a) Definition of Criminal Gang.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (51) the following:

``(52)(A) The term `criminal gang' means an ongoing group, club, organization, or association of 5 or more persons--

``(i) that has, as 1 of its primary purposes, the commission of 1 or more of the criminal offenses described in subparagraph (B); and

``(ii) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B).

``(B) Offenses described in this subparagraph, whether in violation of Federal or State law or in violation of the law of a foreign country, regardless of whether charged, and regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph, are--

``(i) a felony drug offense (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

``(ii) a felony offense involving firearms or explosives, including a violation of section 924(c), 924(h), or 931 of title 18 (relating to purchase, ownership, or possession of body armor by violent felons);

``(iii) an offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to the importation of an alien for immoral purpose);

``(iv) a felony crime of violence as defined in section 16 of title 18, United States Code;

``(v) a crime involving obstruction of justice; tampering with or retaliating against a witness, victim, or informant; or burglary;

``(vi) any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title

(relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property); and

``(vii) a conspiracy to commit an offense described in clause (i) through (vi).''.

(b) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--

(1) by redesignating subparagraph (F) as subparagraph (J); and

(2) by inserting after subparagraph (E) the following:

``(F) Aliens associated with criminal gangs.--Any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe participated in a criminal gang, knowing or having reason to know that such participation promoted, furthered, aided, or supported the illegal activity of the gang, is inadmissible.''.

(c) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

``(F) Aliens associated with criminal gangs.--Any alien, in or admitted to the United States, who at any time has participated in a criminal gang, knowing or having reason to know that such participation promoted, furthered, aided, or supported the illegal activity of the gang is deportable.''.

(d) Temporary Protected Status.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended--

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

(2) in subsection (c)(2)(B)--

(A) in clause (i), by striking ``or'' and inserting a semicolon;

(B) in clause (ii), by striking the period at the end and inserting ``or''; and

``(iii) the alien participates in, or at any time after admission has participated in, knowing or having reason to know that such participation promoted, furthered, aided, or supported the illegal activity of the gang, the activities of a criminal gang.''; and

(3) in subsection (d)--

(A) in paragraph (2)--

(i) by striking ``Subject to paragraph (3), such'' and inserting ``Such''; and

(ii) by striking ``(under paragraph (3))'';

(B) by striking paragraph (3); and

(D) in paragraph (3), as redesignated, by adding at the end the following: ``The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision.''.

(e) Precluding Admissibility of Aliens Convicted of Serious Criminal Offenses and Domestic Violence, Stalking, Child Abuse and Violation of Protection Orders.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended--

(1) in subsection (a)(2), by adding at the end the following:

``(J) Certain firearm offenses.--Any alien who at any time has been convicted under any law of, or who admits having committed or admits committing acts which constitute the essential elements of, purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer to sale, exchange, use, own, possess, or carry, any weapon, part, or accessory, which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible.

``(K) Crimes of domestic violence, stalking, or violation of protective orders; crimes against children.--

``(i) Domestic violence, stalking, and child abuse.--Any alien who has been convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment, provided the alien served at least 1 year's imprisonment for the crime or provided the alien was convicted of or admitted to acts constituting more than 1 such crime, not arising out of a single scheme of criminal misconduct, is inadmissible. In this clause, the term `crime of domestic violence' means any crime of violence

(as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local or foreign government.

``(ii) Violators of protection orders.--Any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that constitutes criminal contempt of the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued, is inadmissible. In this clause, the term `protection order' means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as an independent order in another proceeding.

``(iii) Applicability.--This subparagraph shall not apply to an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon a determination by the Attorney General or the Secretary of Homeland Security that--

``(I) the alien was acting in self-defense;

``(II) the alien was found to have violated a protection order intended to protect the alien; or

``(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury.

``(L) Aggravated felons.--Any alien who has been convicted of an aggravated felony at any time is inadmissible.''.

(2) in subsection (h)--

(A) by striking ``The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I),

(B), (D), and (E) of subsection (a)(2)'' and inserting ``The Attorney General or the Secretary of Homeland Security may waive the application of subparagraphs (A)(i)(I), (B), (D),

(E), and (K) of subsection (a)(2)''; and

(B) by inserting ``or Secretary of Homeland Security'' after ``the Attorney General'' each place it appears.

(f) Effective Date.--The amendments made by this section shall apply to--

(1) any act that occurred before, on, or after the date of enactment; and

(2) to all aliens who are required to establish admissibility on or after the date of enactment of this section, and in all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.

SEC. 1207. IMMIGRATION INJUNCTION REFORM.

(a) Appropriate Remedies for Immigration Legislation.--

(1) Requirements for an order granting prospective relief against the government.--

(A) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall--

(i) limit the relief to the minimum necessary to correct the violation of law;

(ii) adopt the least intrusive means to correct the violation of law;

(iii) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety, and

(iv) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation.

(B) Written explanation.--The requirements described in subparagraph (A) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court.

(C) Expiration of preliminary injunctive relief.--Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court--

(i) makes the findings required under subparagraph (A) for the entry of permanent prospective relief; and

(ii) makes the order final before expiration of such 90-day period.

(D) Requirements for order denying motion.--This paragraph shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

(2) Procedure for motion affecting order granting prospective relief against the government.--

(A) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

(B) Automatic stays.--

(i) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion.

(ii) Duration of automatic stay.--An automatic stay under clause (i) shall continue until the court enters an order granting or denying the Government's motion.

(iii) Postponement.--The court, for good cause, may postpone an automatic stay under clause (i) for not longer than 15 days.

(iv) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in clause (i), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under clause (iii), shall be--

(I) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and

(II) immediately appealable under section 1292(a)(1) of title 28, United States Code.

(3) Settlements.--

(A) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with paragraph (1).

(B) Private settlement agreements.--Nothing in this subsection shall preclude parties from entering into a private settlement agreement that does not comply with paragraph (1) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled.

(4) Expedited proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this subsection.

(5) Definitions.--In this subsection:

(A) Consent decree.--The term ``consent decree''--

(i) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and

(ii) does not include private settlements.

(B) Good cause.--The term ``good cause'' does not include discovery or congestion of the court's calendar.

(C) Government.--The term ``Government'' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties.

(D) Permanent relief.--The term ``permanent relief'' means relief issued in connection with a final decision of a court.

(E) Private settlement agreement.--The term ``private settlement agreement'' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled.

(F) Prospective relief.--The term ``prospective relief'' means temporary, preliminary, or permanent relief other than compensatory monetary damages.

(b) Effective Date.--

(1) In general.--This section shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act.

(2) Pending motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment.

(3) Automatic stay for pending motions.--

(A) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in paragraph (2) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion--

(i) was pending for 45 days as of the date of the enactment of this Act; and

(ii) is still pending on the date which is 10 days after such date of enactment.

(B) Duration of automatic stay.--An automatic stay that takes effect under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion under subsection (a)(2). There shall be no further postponement of the automatic stay with respect to any such pending motion under subsection (a)(2)(B). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in paragraph (2) shall be an order blocking an automatic stay subject to immediate appeal under subsection (a)(2)(B)(iv).

SEC. 1208. DEFINITION OF GOOD MORAL CHARACTER.

(a) In General.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--

(1) by inserting after paragraph (1) the following:

``(2) an alien described in section 212(a)(3) or 237(a)(4), as determined by the Secretary of Homeland Security or Attorney General, based upon any relevant information or evidence, including classified, sensitive, or national security information;'';

(2) in paragraph (8), by striking ``(as defined in subsection (a)(43))'' and inserting ``regardless of whether the crime was classified as an aggravated felony under subsection (a)(43) at the time of conviction, unless the Secretary of Homeland Security or Attorney General, in his discretion, determine that this paragraph shall not apply to a person who completed the term of imprisonment or sentence

(whichever is later) more than 10 years prior to the date of application''; and

(3) in the undesignated matter following paragraph (9), by striking ``a finding that for other reasons such person is or was not a person of good moral character.'' and inserting ``a discretionary finding for other reasons that such a person is or was not of good moral character. In determining an applicant's moral character, the Secretary of Homeland Security and the Attorney General may take into consideration the applicant's conduct and acts at any time and are not limited solely to the period during which good moral character is required.''.

(b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to--

(1) any act that occurred before, on or after such date of enactment; and

(2) any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws, pending on or filed after such date of enactment.

SEC. 1209. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL

SUBDIVISIONS TO DETAIN AND TRANSFER TO FEDERAL

CUSTODY.

(a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et. seq.) is amended by adding after section 240C the following new section:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND

POLITICAL SUBDIVISIONS TO DETAIN AND TRANSFER

TO FEDERAL CUSTODY.

``(a) In General.--If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security--

``(1) shall--

``(A) deem the request to include the inquiry to verify immigration status described in section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(8 U.S.C. 1373(c)), and expeditiously inform the requesting entity whether such individual is an alien lawfully admitted to the United States or is otherwise lawfully present in the United States or is removable; and

``(B) if the individual is an alien who is removable or who is not lawfully admitted to the United States or otherwise is not lawfully present in the United States--

``(i) take the illegal alien into the custody of the Federal Government not later than 72 hours after--

``(I) the conclusion of the State charging process or dismissal process; or

``(II) the illegal alien is apprehended, if no State charging or dismissal process is required; or

``(ii) request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and

``(2) shall designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of aliens to the Department of Homeland Security.

``(b) Reimbursement.--

``(1) In general.--The Secretary of Homeland Security shall reimburse a State, or a political subdivision of a State, for expenses, as verified by the Secretary, incurred by the State or political subdivision in the detention and transportation of an alien as described in subparagraphs (A) and (B) of subsection (c)(1).

``(2) Cost computation.--Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be--

``(A) the product of--

``(i) the average daily cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); multiplied by

``(ii) the number of days that the alien was in the custody of the State or political subdivision; plus

``(B) the cost of transporting the alien from the point of apprehension or arrest to the location of detention, and if the location of detention and of custody transfer are different, to the custody transfer point; plus

``(C) the cost of uncompensated emergency medical care provided to a detained alien during the period between the time of transmittal of the request described in subsection

``(c) Requirement for Appropriate Security.--The Secretary of Homeland Security shall ensure that--

``(1) aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; and

``(2) if practicable, aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities.

``(d) Requirement for Schedule.--In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transportation of apprehended aliens from the custody of those States, and political subdivisions of States, which routinely submit requests described in subsection (c), into Federal custody.

``(e) Authority for Contracts.--

``(1) In general.--The Secretary of Homeland Security may enter into contracts or cooperative agreements with appropriate State and local law enforcement and detention agencies to implement this section.

``(2) Determination by secretary.--Prior to entering into a contract or cooperative agreement with a State or political subdivision of a State under paragraph (1), the Secretary shall determine whether the State, or if appropriate, the political subdivision in which the agencies are located, has in place any formal or informal policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate any of the funds made available under this section to any State or political subdivision that has in place a policy that violates such section.''.

(b) Authorization of Appropriations for the Detention by a State, or a Political Subdivision of a State, and Transportation to Federal Custody of Aliens Believed to Not Be Lawfully Present.--There are authorized to be appropriated

$850,000,000 for fiscal year 2008 and each subsequent fiscal year to reimburse States, and political divisions of States, for the up to 72 hour detention and transportation to Federal custody aliens believed to not be lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.).

SEC. 1210. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program.--

(1) Continuation.--The Secretary of Homeland Security shall continue to operate the Institutional Removal Program

(referred to in this section as the ``Program'') or shall develop and implement another program to--

(A) identify removable criminal aliens in Federal and State correctional facilities;

(B) ensure that such aliens are not released into the community; and

(2) Expansion.--The Secretary may extend the scope of the Program to all States.

(b) Authorization of Appropriations.--There are authorized to be appropriated $300,000,000 for fiscal year 2008 to carry out the Institutional Removal Program.

SEC. 1211. AUTHORIZATION FOR DETENTION AND TRANSPORTATION

AFTER COMPLETION OF STATE OR LOCAL PRISON

SENTENCE.

(a) Authorization for Detention And Transportation After Completion of State or Local Prison Sentence.--Law enforcement officers of a State or political subdivision of a State may--

(1) hold an illegal alien for a period not to exceed 14 days after the completion of the alien's State prison sentence to effectuate the transfer of the alien to Federal custody if the alien is removable or not lawfully present in the United States;

(2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until authorized employees of the Bureau of Immigration and Customs Enforcement can take the alien into custody; or

(3) transport the alien (including the transportation across State lines to detention centers) to a location where transfer to Federal custody can be effectuated.

(b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 per year to reimburse the expenses incurred by States, or political subdivisions of a state, in the detention or transportation of criminal aliens to Federal custody.

SEC. 1212. STRENGTHENING THE DEFINITION OF CONVICTION.

Section 101(a)(48) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)(48)) is amended by adding at the end the following:

``(C) Any reversal, vacatur, expungement, or modification of a conviction, sentence, or conviction record that was granted to ameliorate the consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that any reversal, vacatur, expungement, or modification was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt.''.

SEC. 1213. PERMITTING STATE AND LOCAL GRANTS FOR 287(G)

TRAINING EXPENSES AND DETENTION AND

TRANSPORTATION EXPENSES.

State and local program grants provided in the amount of

$294,500,000 in this Act for ``training, exercises, technical assistance, and other programs'' may be used for the initial payment of, or reimbursement of, state and local expenses related to the implementation of agreements between the Department of Homeland Security and state and local governments in accordance with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) and for the initial payment of, or reimbursement of, state and local expenses related to the costs incurred to detain and transport criminal aliens after the completion of their state and local criminal sentences for the purpose of facilitating transfer to Federal custody.''

SEC. 1214. IMPROVEMENTS TO EMPLOYMENT ELIGIBILITY

VERIFICATION.

(a) In General.--The Secretary of Homeland Security shall improve the Basic Pilot Program (as described in section 403(a) of division C of title IV of Public Law 104-208) to--

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

(2) electronically confirm the issuance of an employment authorization or identity document to the individual who is seeking employment, and to display the photograph that the issuer placed on such document, so that an employer can compare the photograph displayed on the document presented by the individual to the photograph transmitted by the Department of Homeland Security to verify employment authorization or identity;

(3) maximize its reliability and ease of use by employers consistent with insulating and protecting the privacy and security of the underlying information;

(4) respond accurately to all inquiries made by employers on whether individuals are authorized to be employed;

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

(6) allow for auditing use of the system to detect fraud and identify theft, and to preserve the security of the information in the 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;

(C) the development of capabilities to detect anomalies in the use of the Program that may indicate potential fraud or misuse of the Program; and

(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees.

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

(1) ensure that such state and local programs have sufficient access to the federal government's Employment Eligibility Verification (EEV) system and ensure that the EEV has sufficient capacity to--

(A) register employers of 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.--For purposes of preventing identity theft, protecting employees, and reducing 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 to death records of the social security accounts and social security account holders that are likely to contribute to fraudulent use of documents, or identity theft, or to affect the proper functioning of the Basic Pilot Program;

(2) work to correct any errors identified under subclause

(A); 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 that Program.

(e) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for fiscal year 2008 to carry out this section. SEC. 1215. IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND

RESPONSE.

(a) Immunity for Reports of Suspicious Behavior.--

(1) In general.--Any person who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report.

(2) False reports.--Paragraph (1) shall not apply to any report that the person knew to be false at the time that person made that report.

(b) Immunity for Response.--

(1) In general.--Any authorized official who observes, or receives a report of, covered activity and takes reasonable action to respond to such activity shall be immune from civil liability under Federal, State, and local law for such action.

(2) Savings clause.--Nothing in this subsection shall affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available, and this subsection shall not be construed as affecting any such defense, privilege, or immunity.

(c) Attorney Fees and Costs.--Any person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees.

(d) Definitions.--In this section:

(1) Authorized official.--The term ``authorized official'' means--

(A) any employee or agent of a mass transportation system;

(B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice;

(D) any transportation security officer.

(2) Covered activity.--The term ``covered activity'' means any suspicious transaction, activity, or occurrence that involves, or is directed against, a mass transportation system or vehicle or its passengers indicating that an individual may be engaging, or preparing to engage, in--

(A) a violent act or act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be such a violation if committed within the jurisdiction of the United States or any State; or

(B) an act of terrorism (as that term is defined in section 3077 of title 18, United States Code).

(3) Mass transportation.--The term ``mass transportation''--

(A) has the meaning given to that term in section 5302(a)(7) of title 49, United States Code; and

(B) includes--

(i) school bus, charter, or intercity bus transportation;

(ii) intercity passenger rail transportation;

(iii) sightseeing transportation;

(iv) a passenger vessel as that term is defined in section 2101(22) of title 46, United States Code;

(v) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and

(vi) air transportation as that term is defined in section 40102 of title 49, United States Code.

(4) Mass transportation system.--The term ``mass transportation system'' means an entity or entities organized to provide mass transportation using vehicles, including the infrastructure used to provide such transportation.

(5) Vehicle.--The term ``vehicle'' has the meaning given to that term in section 1992(16) of title 18, United States Code.

(e) Effective Date.--This section shall take effect on November 20, 2006, and shall apply to all activities and claims occurring on or after such date.

______

SA 2413. 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; which was ordered to lie on the table; as follows:

On page 35, line 20, strike ``which shall'' and all that follows through ``3714):'' on line 26 and insert the following: ``which shall be allocated based solely on an assessment of risk (as determined by the Secretary of Homeland Security) as follows:

``(1) $900,000,000 for grants to States, of which

$375,000,000 shall be for law enforcement terrorism prevention grants:''.

______

SA 2414. Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Levin, Mr. Carper, and Mrs. McCaskill) 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. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR

MANAGEMENT.

(a) Establishment and Succession.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended--

(1) in subsection (a)--

(A) in the subsection heading, by striking ``Deputy Secretary'' and inserting ``Deputy Secretaries'';

(B) by striking paragraph (6);

(D) by striking paragraph (1) and inserting the following:

``(1) A Deputy Secretary of Homeland Security.

``(2) A Deputy Secretary of Homeland Security for Management.''; and

(2) by adding at the end the following:

``(g) Vacancies.--

``(1) Vacancy in office of secretary.--

``(A) Deputy secretary.--In case of a vacancy in the office of the Secretary, or of the absence or disability of the Secretary, the Deputy Secretary of Homeland Security may exercise all the duties of that office, and for the purpose of section 3345 of title 5, United States Code, the Deputy Secretary of Homeland Security is the first assistant to the Secretary.

``(B) Deputy secretary for management.--When by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary of Homeland Security is available to exercise the duties of the office of the Secretary, the Deputy Secretary of Homeland Security for Management shall act as Secretary.

``(2) Vacancy in office of deputy secretary.--In the case of a vacancy in the office of the Deputy Secretary of Homeland Security, or of the absence or disability of the Deputy Secretary of Homeland Security, the Deputy Secretary of Homeland Security for Management may exercise all the duties of that office.

``(3) Further order of succession.--The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.''.

(b) Responsibilities.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended--

(1) in the section heading, by striking ``UNDER SECRETARY'' and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';

(2) in subsection (a)--

(A) by inserting ``The Deputy Secretary of Homeland Security for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.'' before ``The Secretary'';

(B) by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management'';

``(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.''; and

(D) by striking paragraph (9), and inserting the following:

``(9) The integration and transformation process, to ensure an efficient and orderly consolidation of functions and personnel to the Department, including the development of a management integration strategy for the Department.''; and

(3) in subsection (b)--

(A) in paragraph (1), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; and

(B) in paragraph (2), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''.

(c) Appointment, Evaluation, and Reappointment.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following:

``(c) Appointment, Evaluation, and Reappointment.--The Deputy Secretary of Homeland Security for Management--

``(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have--

``(A) extensive executive level leadership and management experience in the public or private sector;

``(B) strong leadership skills;

``(C) a demonstrated ability to manage large and complex organizations; and

``(D) a proven record in achieving positive operational results;

``(2) shall--

``(A) serve for a term of 5 years; and

``(B) be subject to removal by the President if the President--

``(i) finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; and

``(ii) communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal;

``(3) may be reappointed in accordance with paragraph (1), if the Secretary has made a satisfactory determination under paragraph (5) for the 3 most recent performance years;

``(4) shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and

``(5) shall be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Deputy Secretary of Homeland Security for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (4).''.

(d) Incumbent.--The individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act--

(1) may perform all the duties of the Deputy Secretary of Homeland Security for Management at the pleasure of the President, until a Deputy Secretary of Homeland Security for Management is appointed in accordance with subsection (c) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by this Act; and

(2) may be appointed Deputy Secretary of Homeland Security for Management, if such appointment is otherwise in accordance with sections 103 and 701 of the Homeland Security Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.

(e) References.--References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Under Secretary for Management of the Department of Homeland Security shall be deemed to refer to the Deputy Secretary of Homeland Security for Management.

(f) Technical and Conforming Amendments.--

(1) Other reference.--Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking

``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''.

(2) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 701 and inserting the following:

``Sec. 701. Deputy Secretary of Homeland Security for Management.''.

(3) Executive schedule.--Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following:

``Deputy Secretary of Homeland Security for Management.''.

______

SA 2415. Mr. GREGG proposed an amendment to amendment SA 2412 proposed by Mr. Graham (for himself, Mr. Gregg, Mr. Sessions, Mr. Kyl, Mr. Cornyn, Mr. McConnell, Mr. Domenici, Mr. McCain, Mr. Sununu, Mr. Martinez, Mr. Coleman, and Mr. Specter) 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:

This division shall become effective one day after the date of enactment.

______

SA 2416. Mr. SCHUMER 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. __. INDEPENDENT PASSPORT CARD TECHNOLOGY EVALUATION.

(a) In General.--Before issuing a final rule to implement the passport card requirements described in section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note), the Secretary of State and the Secretary of Homeland Security, using funds appropriated by this Act, shall jointly conduct an independent technology evaluation to test any card technologies appropriate for secure and efficient border crossing, including not fewer than 2 potential radio frequency card technologies, in a side by side trial to determine the most appropriate solution for any passport card in the land and sea border crossing environment.

(b) Evaluation Criteria.--The criteria to be evaluated in the evaluation under subsection (a) shall include--

(1) the security of the technology, including its resistance to tampering and fraud;

(2) the efficiency of the use of the technology under typical conditions at land and sea ports of entry;

(3) ease of use by card holders;

(4) reliability;

(5) privacy protection for card holders; and

(6) cost.

(c) Selection.--The Secretary of State and the Secretary of Homeland Security shall jointly select the most appropriate technology for the passport card based on the performance observed in the evaluation under subsection (a).

______

SA 2417. 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; which was ordered to lie on the table; as follows:

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

Sec. 536. Additional Assistance for Preparation of Plans.

Subparagraph (L) of section 33(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended to read as follows:

``(L) To fund fire prevention programs, including the development and implementation of community wildfire protection plans (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)).''.

______

SA 2418. 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:

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

SEC. 536. REPORT REGARDING MAJOR DISASTERS IN RURAL AND URBAN

AREAS.

(a) Definitions.--In this section--

(1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency;

(2) the term ``major disaster'' has the meaning give that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);

(3) the term ``next appropriate Federal agency'' means the department or agency of the Federal Government that will be assisting in the recovery from the effects of a major disaster in an area after the period during which the Federal Emergency Management Agency will provide such assistance in that area; and

(4) the terms ``rural'' and ``rural area'' have the meanings given those terms in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).

(b) Study.--The Administrator, in conjunction with State and local governments, shall conduct a study of the differences between the response to major disasters occurring in rural and urban areas, including--

(1) identifying the differences in the response mechanisms available for major disasters occurring in rural and urban areas;

(2) identifying barriers (including regulations) that limit the ability of the Administrator to respond to major disasters occurring in rural areas, as compared with major disasters occurring in urban areas;

(3) evaluating the need to designate a specific official of the Federal Emergency Management Agency to act as a coordinator between the Federal Emergency Management Agency and the next appropriate Federal agency;

(4) assessing the feasibility of providing partial reimbursement to individuals who provide assistance, without compensation, in recovering from the effects of a major disaster for costs to such individuals relating to such assistance; and

(5) evaluating ways to improve consultation with State and local governments to identify and resolve any problems in coordinating efforts to respond to major disasters occurring in rural areas.

(c) Report.--Not later than 6 months after the date of enactment of this Act, the Administrator shall submit to Congress a report regarding the study conducted under subsection (b) that--

(1) details the results of that study;

(2) provides a plan to address the differences, if any, in the response to major disasters occurring in rural and urban areas; and

(3) incorporates a description of best management practices to ensure that the Federal Emergency Management Agency incorporates necessary programmatic and other improvements identified during the response to a major disaster occurring in a rural area in responding to subsequent major disasters.

______

SA 2419. Mr. NELSON of Florida submitted an amendment intended to be proposed to amendment SA 2400 submitted by Mr. Vitter (for himself, Mr. Nelson of Florida, and Ms. Stabenow) and intended to be proposed 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; which was ordered to lie on the table; as follows:

Beginning on page 1, strike all after ``Sec. 536.'' and insert the following:

None of the funds made available in this Act for fiscal year 2008 for U.S. Customs and Border Protection 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)));

(B) imports such drug by transporting it on their person; and

(C) while importing such drug, only transports 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 2420. Ms. COLLINS (for herself and Mr. Grassley) 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 46, line 21, strike the period and insert the following: ``: Provided further, That of the total,

$5,000,000 shall not be available until the Director of the United States Citizenship and Immigration Services submits to Congress the fraud risk assessment related to the H-1B program that was started more than a year ago.''

______

SA 2421. Mr. DOMENICI (for himself 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, add the following:

TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

SEC. 601. SHORT TITLE.

This title may be cited as the ``Border Infrastructure and Technology Modernization Act of 2007''.

SEC. 602. DEFINITIONS.

In this title:

(1) Commissioner.--The term ``Commissioner'' means the Commissioner of United States Customs and Border Protection of the Department of Homeland Security.

(2) Maquiladora.--The term ``maquiladora'' means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States.

(3) Northern border.--The term ``northern border'' means the international border between the United States and Canada.

(4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(5) Southern border.--The term ``southern border'' means the international border between the United States and Mexico.

SEC. 603. HIRING AND TRAINING OF BORDER AND TRANSPORTATION

SECURITY PERSONNEL.

(a) Officers and Agents.--

(1) Increase in officers and agents.--During each of fiscal years 2008 through 2012, the Secretary shall--

(A) increase the number of full-time agents and associated support staff in United States Immigration and Customs Enforcement of the Department of Homeland Security by the equivalent of at least 100 more than the number of such employees as of the end of the preceding fiscal year; and

(B) increase the number of full-time officers, agricultural specialists, and associated support staff in United States Customs and Border Protection by the equivalent of at least 200 more than the number of such employees as of the end of the preceding fiscal year.

(2) Waiver of fte limitation.--The Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1).

(b) Training.--The Secretary, acting through the Assistant Secretary for United States Immigration and Customs Enforcement and the Commissioner, shall provide appropriate training for agents, officers, agricultural specialists, and associated support staff of the Department of Homeland Security on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States.

SEC. 604. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

(a) Requirement To Update.--Not later than January 31 of each year, the Commissioner, in consultation with the Administrator of General Services shall--

(1) review--

(A) the Port of Entry Infrastructure Assessment Study prepared by the United States Customs Service, the Immigration and Naturalization Service, and the General Services Administration in accordance with the matter relating to the ports of entry infrastructure assessment set forth in the joint explanatory statement on page 67 of conference report 106-319, accompanying Public Law 106-58; and

(B) the nationwide strategy to prioritize and address the infrastructure needs at the land ports of entry prepared by the Department of Homeland Security and the General Services Administration in accordance with the committee recommendations on page 22 of Senate report 108-86, accompanying Public Law 108-90;

(2) update the assessment of the infrastructure needs of all United States land ports of entry; and

(3) submit an updated assessment of land port of entry infrastructure needs to Congress.

(b) Consultation.--In preparing the updated studies required under subsection (a), the Commissioner and the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and affected State and local agencies on the northern and southern borders of the United States.

(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;

(2) include the projects identified in the National Land Border Security Plan required by section 605; and

(3) prioritize the projects described in paragraphs (1) and

(2) based on the ability of a project--

(A) to enhance the ability of United States Customs and Border Protection to achieve its mission and to support operations;

(B) to fulfill security requirements; and

(d) Project Implementation.--The Commissioner, as appropriate, shall--

(1) implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under subsection (c)(3); or

(2) forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General Services for implementation in the order of priority assigned to each project under subsection (c)(3).

(e) Divergence From Priorities.--The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or similar concerns, compellingly alter the need for a project in the United States.

SEC. 605. NATIONAL LAND BORDER SECURITY PLAN.

(a) Requirement for Plan.--Not later than January 31 of each year, the Secretary, acting through the Commissioner, shall prepare a National Land Border Security Plan and submit such plan to Congress.

(b) Consultation.--In preparing the plan required under subsection (a), the Commissioner shall consult with other appropriate Federal agencies, State, and local law enforcement agencies, and private entities that are involved in international trade across the northern or southern border.

(1) In general.--The plan required under subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border.

(2) Port security coordinators.--The Secretary, acting through the Commissioner, may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border--

(A) to assist in conducting a vulnerability assessment at such port; and

(B) to provide other assistance with the preparation of the plan required under subsection (a).

SEC. 606. EXPANSION OF COMMERCE SECURITY PROGRAMS.

(a) Commerce Security Programs.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel needs, of the Customs-Trade Partnership Against Terrorism program or other voluntary programs involving government entities and the private sector to strengthen and improve the overall security of the international supply chain and security along the northern and southern border of the United States.

(2) Southern border demonstration program.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program along the southern border for the purpose of implementing at least 1 voluntary program involving government entities and the private sector to strengthen and improve the overall security of the international supply chain and security along the international borders of the United States. The program selected for the demonstration program shall have been successfully implemented along the northern border as of the date of the enactment of this Act.

(b) Maquiladora Demonstration Program.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border.

SEC. 607. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary, acting through the Commissioner, shall carry out a technology demonstration program to test and evaluate new port of entry technologies, refine port of entry technologies and operational concepts, and train personnel under realistic conditions.

(b) Technology and Facilities.--

(1) Technology tested.--Under the demonstration program, the Commissioner shall test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction.

(2) Facilities developed.--At a demonstration site selected pursuant to subsection (c)(3), the Commissioner shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including cross-training among agencies, advanced law enforcement training, and equipment orientation.

(1) Number.--The Commissioner shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.

(2) Location.--Of the sites selected under subsection (c)--

(A) at least 1 shall be located on the northern border of the United States; and

(B) at least 1 shall be located on the southern border of the United States.

(3) Selection criteria.--To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall--

(A) have been established not more than 15 years before the date of the enactment of this Act;

(B) consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; and

(C) have serviced an average of not more than 50,000 vehicles per month during the 12 months preceding the date of the enactment of this Act.

(d) Relationship With Other Agencies.--The Secretary, acting through the Commissioner, shall permit personnel from appropriate Federal and State agencies to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction.

(e) Report.--

(2) Content.--The report shall include an assessment by the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to any funds otherwise available, there are authorized to be appropriated--

(1) to carry out the provisions of section 603, such sums as may be necessary for the fiscal years 2008 through 2012;

(2) to carry out the provisions of section 604--

(A) to carry out subsection (a) of such section, such sums as may be necessary for the fiscal years 2008 through 2012; and

(B) to carry out subsection (d) of such section--

(i) $100,000,000 for each of the fiscal years 2008 through 2012; and

(ii) such sums as may be necessary in any succeeding fiscal year;

(3) to carry out the provisions of section 606--

(A) to carry out subsection (a) of such section--

(i) $30,000,000 for fiscal year 2008, of which $5,000,000 shall be made available to fund the demonstration project established in paragraph (2) of such subsection; and

(ii) such sums as may be necessary for the fiscal years 2009 through 2012; and

(B) to carry out subsection (b) of such section--

(i) $5,000,000 for fiscal year 2008; and

(ii) such sums as may be necessary for the fiscal years 2009 through 2012; and

(4) to carry out the provisions of section 607, provided that not more than $10,000,000 may be expended for technology demonstration program activities at any 1 port of entry demonstration site in any fiscal year--

(A) $50,000,000 for fiscal year 2008; and

(B) such sums as may be necessary for each of the fiscal years 2009 through 2012.

(b) International Agreements.--Funds authorized to be appropriated under this title may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border Partnership Action Plan) or the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of this title.

______

SA 2422. Mr. DOMENICI 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. __. STUDY OF RADIO COMMUNICATIONS ALONG THE

INTERNATIONAL BORDERS OF THE UNITED STATES.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to determine the areas along the international borders of the United States where Federal and State law enforcement officers are unable to achieve radio communication or where radio communication is inadequate.

(b) Development of Plan.--

(1) In general.--Upon the conclusion of the study described in subsection (a), the Secretary shall develop a plan for enhancing radio communication capability along the international borders of the United States.

(2) Contents.--The plan developed under paragraph (1) shall include--

(A) an estimate of the costs required to implement the plan; and

(B) a description of the ways in which Federal, State, and local law enforcement officers could benefit from the implementation of the plan.

______

SA 2423. Mr. DOMENICI (for himself and Mr. Bingaman) 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. __. TRAVEL PRIVILEGES FOR CERTAIN TEMPORARY VISITORS

FROM MEXICO.

(a) Short Title.--This section may be cited as the ``Laser Visa Extension Act of 2007''.

(b) In General.--Except as provided under subsection (c), the Secretary of Homeland Security shall permit a national of Mexico to travel up to 100 miles from the international border between Mexico and Mexico if such national--

(1) possesses a valid machine-readable biometric border crossing identification card issued by a consular officer of the Department of State;

(2) enters New Mexico through a port of entry where such card is processed using a machine reader;

(3) has successfully completed any background check required by the Secretary for such travel; and

(4) is admitted into the United States as a nonimmigrant under section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)).

(c) Exception.--On a case-by-case basis, the Secretary of Homeland Security may limit the travel of a national of Mexico who meets the requirements of paragraphs (1) through

(4) of subsection (a) to a distance of less than 100 miles from the international border between Mexico and New Mexico if the Secretary determines that the national--

(1) was previously admitted into the United States as a nonimmigrant; and

(2) violated the terms and conditions of the national's nonimmigrant status.

______

SA 2424. Mr. DOMENICI 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. __. COOPERATION WITH THE GOVERNMENT OF MEXICO.

(a) Cooperation Regarding Border Security.--The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding--

(1) improved border security along the international border between the United States and Mexico;

(2) the reduction of human trafficking and smuggling between the United States and Mexico;

(3) the reduction of drug trafficking and smuggling between the United States and Mexico;

(4) the reduction of gang membership in the United States and Mexico;

(5) the reduction of violence against women in the United States and Mexico; and

(6) the reduction of other violence and criminal activity.

(b) Cooperation Regarding Education on Immigration Laws.--The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States.

(c) Cooperation Regarding Circular Migration.--The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico.

(d) Annual Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to Congress describing the actions taken by the United States and Mexico pursuant to this section.

______

SA 2425. Mrs. McCASKILL 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. REPORTING OF WASTE, FRAUD, AND ABUSE.

Not later than 30 days after the date of enactment of this Act--

(1) the Secretary of Homeland Security shall establish and maintain on the homepage of the website of the Department of Homeland Security, a direct link to the website of the Office of Inspector General of the Department of Homeland Security; and

(2) the Inspector General of the Department of Homeland Security shall establish and maintain on the homepage of the website of the Office of Inspector General a direct link for individuals to anonymously report waste, fraud, or abuse.

______

SA 2426. Mr. BIDEN 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 20, strike ``$3,030,500,000'' and insert

``$3,080,500,000''.

On page 36, line 22, strike ``$1,836,000,000'' and insert

``$1,886,000,000''.

On page 38, line 8, strike ``and''.

On page 38, strike lines 9 and 10 and insert the following:

(J) $15,000,000 shall be for Citizens Corps; and

(K) $50,000,000 shall be used to provide grants, after consultation with the Administrator of the Environmental Protection Agency, to any treatment works or public water system that--

(i) as of the date of enactment of this Act, uses any chemical, toxin, or other substance that, if transported, or stored in a sufficient quantity, would have a high likelihood of causing casualties and economic damage if released or otherwise targeted by terrorists (referred to in this section as an ``extremely hazardous material''), including--

(I) any substance included in table 1 or 2 contained in section 68.130 of title 40, Code of Federal Regulations (or a successor regulation), published in accordance with section 112(r)(3) of the Clean Air Act (42 U.S.C. 7412(r)(3)); and

(II) any other substances, as determined by the Secretary; and

(ii) agrees to use funds from the grant to transition to the use of a technology, product, raw material, or practice, the use of which, as compared to a currently-used technology, product, raw material, or practice, reduces or eliminates--

(I) the possibility of release of an extremely hazardous material; and

(II) the hazards to public health associated with such a release:

______

SA 2427. Mr. CORNYN 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. __. LIMITATION ON LANDOWNER'S LIABILITY.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following:

``(i) Indemnity for Actions of Law Enforcement Officers.--

``(1) In general.--Notwithstanding any other provision of law and subject to appropriations, an owner of land located within 100 miles of the international land border of the United States may seek reimbursement from the Department of Homeland Security for any adverse final tort judgment for negligence (excluding attorneys' fees and costs) authorized under the Federal or State tort law, arising directly from such border security activity if--

``(A) such owner has been found negligent by a Federal or State court in any tort litigation;

``(B) such owner has not already been reimbursed for the final tort judgment, including outstanding attorney's fees and costs;

``(C) such owner did not have or does not have sufficient property insurance to cover the judgment and have had an insurance claim for such coverage denied; and

``(D) such tort action was brought as a direct result of activity of law enforcement officers of the Department of Homeland Security, acting in their official capacity, on the owner's land.

``(2) Definitions.--In this subsection--

``(A) the term `land' includes roads, water, watercourses, and private ways, and buildings, structures, machinery and equipment that is attached to real property; and

``(B) the term `owner' includes the possessor of a fee interest, a tenant, lessee, occupant, the possessor of any other interest in land, or any person having a right to grant permission to use the land.

``(3) Exceptions.--Nothing in this subsection may be construed to limit landowner liability which would otherwise exist for--

``(A) willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;

``(B) maintaining an attractive nuisance;

``(C) gross negligence; or

``(D) direct interference with, or hindrance of, any agent or officer of the Federal Government who is authorized to enforce the immigration laws of the United States during--

``(i) a patrol of such landowner's land; or

``(ii) any action taken to apprehend or detain any alien attempting to enter the United States illegally or evade execution of an arrest warrant for a violation of any immigration law.

``(4) Savings provision.--Nothing in this subsection may be construed to affect any right or remedy available pursuant to the Federal Tort Claims Act.''.

______

SA 2428. Mr. CORNYN 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. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1994, 1996, 1997, 1998,'' after

``available in fiscal year'';

(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

``(A) employment-based immigrants under paragraphs (1),

(2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) Distribution of visas.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

(1) in clause (vi), by striking ``and'' at the end;

(2) by redesignating clause (vii) as clause (ix); and

(3) by inserting after clause (vi) the following:

``(vii) 65,000 in each of fiscal years 2004 through 2007;

``(viii) 115,000 in fiscal year 2008; and''.

______

SA 2429. Mr. CORNYN 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. __. PERIODS OF ADMISSION.

(a) Short Title.--This section may be cited as the ``Secure Border Crossing Card Entry Act of 2007''.

(b) Periods of Admission.--Section 214(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding at the end the following:

``(C)(i) Except as provided under clauses (ii) and (iii), the initial period of admission to the United States of an alien who possesses a valid machine-readable biometric border crossing identification card issued by a consular officer, has successfully completed required background checks, and is admitted to the United States as a nonimmigrant under section 101(a)(15)(B) at a port of entry at which such card is processed through a machine reader, shall not be short than the initial period of admission granted to any other alien admitted to the United States under section 101(a)(15)(B).

``(ii) The Secretary of Homeland Security may prescribe, by regulation, the length of the initial period of admission described in clause (i), which period shall be--

``(I) a minimum of 6 months; or

``(II) the length of time provided for under clause (iii)

``(iii) The Secretary may, on a case-by-case basis, provide for a period of admission that is shorter or longer than the initial period described in clause (ii)(I) if the Secretary finds good cause for such action.

``(iv) An alien who possesses a valid machine-readable biometric border crossing identification card may not be admitted to the United States for the period of admission specified under clause (i) or granted extensions of such period of admission if--

``(I) the alien previously violated the terms and conditions of the alien's nonimmigrant status;

``(II) the alien is inadmissible as a nonimmigrant; or

``(III) the alien's border crossing card has not been processed through a machine reader at the United States port of entry or land border at which the person seeks admission to the United States.''.

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendment made by subsection (b).

(2) Waiver of apa.--In promulgating regulations under paragraph (1), the Secretary may waive any provision of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act'') or any other law relating to rulemaking if the Secretary determines that compliance with such provision would impede the timely implementation of this Act.

______

SA 2430. Mr. CORNYN 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. ____. PLAN FOR THE CONTROL AND MANAGEMENT OF ARUNDO

DONAX.

(a) Definitions.--In this section:

(1) Arundo donax.--The term ``Arundo donax'' means a tall perennial reed commonly known as ``Carrizo cane'', ``Spanish cane'', ``wild cane'', and ``giant cane''.

(2) Plan.--The term ``plan'' means the plan for the control and management of Arundo donax developed under subsection

(b).

(3) River.--The term ``River'' means the Rio Grande River.

(4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(b) Development of Plan.--

(1) In general.--The Secretary shall develop a plan for the control and management of Arundo donax along the portion of the River that serves as the international border between the United States and Mexico.

(2) Components.--In developing the plan, the Secretary shall address--

(A) information derived by the Secretary of Agriculture and the Secretary of the Interior from ongoing efforts to identify the most effective biological, mechanical, and chemical means of controlling and managing Arundo donax;

(B) past and current efforts to understand--

(i) the ecological damages caused by Arundo donax; and

(ii) the dangers Arundo donax poses to Federal and local law enforcement;

(C) any international agreements and treaties that need to be completed to allow for the control and management of Arundo donax on both sides of the River;

(D) the long-term efforts that the Secretary considers to be necessary to control and manage Arundo donax, including the cost estimates for the implementation of the efforts; and

(E) whether a waiver of applicable Federal environmental laws (including regulations) is necessary.

(3) Consultation.--The Secretary shall develop the plan in consultation with the Secretary of Agriculture, the Secretary of the Interior, the Secretary of State, the Chief of Engineers, and any other Federal and State agencies that have appropriate expertise regarding the control and management of Arundo donax.

(1) the Committees on the Judiciary of the Senate and the House of Representatives; and

(2) the Committees on Appropriations of the Senate and the House of Representatives.

______

SA 2431. Mr. CORNYN 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 Septembr 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. 5__. DHS IMPLEMENTATION PLANS FOR BORDER FENCE

CONSTRUCTION.

Not later than 45 days after the date of enactment of this Act, the Department of Homeland Security (referred to in this section as the ``Department'') shall submit to Congress a report on the construction of physical barriers on the southwest border of the United States that details the type of land (such as Federal, State, tribal, or private land) in which the Department shall seek to acquire interests, via contract or purchase, to construct a fence along the border or at any other location determined by the Department to be necessary to exercise the power of eminent domain and condemn property for such construction: Provided, That the report shall include the actual locations of the land (as demonstrated by geological and topological maps), the identity and addresses of private landowners who may be affected by action carried out under this section, and steps the Department has taken or intends to take to consult with affected parties, and, if condemnation is required, to compensate landowners for the property: Provided further, That the report shall contain detailed timelines for construction of the fence (including monthly and quarterly timelines), the environmental assessment of the impact of the construction, and a description of the ways in which the Department intends to coordinate the construction with the Corps of Engineers.

______

SA 2432. Mr. CORNYN 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 Septembr 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

Sec. __. Amounts authorized to be appropriated in the Border Law Enforcement Relief Act of 2007 are increased by

$50,000,000 for each of the fiscal years 2008 through 2012.

______

SA 2433. Mr. BINGAMAN 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 Septembr 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. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual from importing a prescription drug from Canada or Mexico 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)));

(B) imports such drug by transporting it on their person; and

(C) while importing such drug, only transports 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 2434. Mr. BINGAMAN submitted an amendment intended to be proposed to amendment SA 2400 proposed by Mr. Vitter (for himself, Mr. Nelson of Florida, and Ms. Stabenow) and intended to be proposed 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; which was ordered to lie on the table; as follows:

On page 1, line 5, insert ``or Mexico'' after ``Canada''.

______

SA 2435. Mr. BINGAMAN 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. NATIONAL STRATEGY ON CLOSED CIRCUIT TELEVISION

SYSTEMS.

(a) In General.--Not later than 6 months 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 televisions 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 and the Judiciary of the Senate and the Committees on Homeland Security 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 2436. Mrs. FEINSTEIN (for herself 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; which was ordered to lie on the table, as follows:

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

TITLE VI--PROTECTION OF UNACCOMPANIED ALIEN CHILDREN

SEC. 601. SHORT TITLE.

This title may be cited as the ``Unaccompanied Alien Child Protection Act of 2007''.

SEC. 602. DEFINITIONS.

(a) In General.--In this title:

(1) Competent.--The term ``competent'', in reference to counsel, means an attorney, or a representative authorized to represent unaccompanied alien children in immigration proceedings or matters, who--

(A) complies with the duties set forth in this title;

(B) is--

(i) properly qualified to handle matters involving unaccompanied alien children; or

(ii) working under the auspices of a qualified nonprofit organization that is experienced in handling such matters; and

(i) is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia; and

(ii) is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law.

(2) Director.--The term ``Director'' means the Director of the Office.

(3) Office.--The term ``Office'' means the Office of Refugee Resettlement established by section 411 of the Immigration and Nationality Act (8 U.S.C. 1521).

(4) Unaccompanied alien child.--The term ``unaccompanied alien child'' has the meaning given the term in 101(a)(51) of the Immigration and Nationality Act, as added by subsection

(b).

(5) Voluntary agency.--The term ``voluntary agency'' means a private, nonprofit voluntary agency with expertise in meeting the cultural, developmental, or psychological needs of unaccompanied alien children, as certified by the Director.

(b) Amendments to the Immigration and Nationality Act.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

``(51) The term `unaccompanied alien child' means a child who--

``(A) has no lawful immigration status in the United States;

``(B) has not attained 18 years of age; and

``(C) with respect to whom--

``(i) there is no parent or legal guardian in the United States; or

``(ii) no parent or legal guardian in the United States is available to provide care and physical custody.

``(52) The term `unaccompanied refugee children' means persons described in paragraph (42) who--

``(A) have not attained 18 years of age; and

``(B) with respect to whom there are no parents or legal guardians available to provide care and physical custody.''.

(1) State courts acting in loco parentis.--A department or agency of a State, or an individual or entity appointed by a State court or a juvenile court located in the United States, acting in loco parentis, shall not be considered a legal guardian for purposes of section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or this title.

(2) Clarification of the definition of unaccompanied alien child.--For the purposes of section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) and this title, a parent or legal guardian shall not be considered to be available to provide care and physical custody of an alien child unless such parent is in the physical presence of, and able to exercise parental responsibilities over, such child at the time of such child's apprehension and during the child's detention.

Subtitle A--Custody, Release, Family Reunification, and Detention

SEC. 611. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN

CHILDREN.

(a) Unaccompanied Children Found Along the United States Border or at United States Ports of Entry.--

(1) In general.--Subject to paragraph (2), an immigration officer who finds an unaccompanied alien child described in paragraph (2) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall--

(A) permit such child to withdraw the child's application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and

(B) return such child to the child's country of nationality or country of last habitual residence.

(2) Special rule for contiguous countries.--

(A) In general.--Any child who is a national or habitual resident of a country, which is contiguous with the United States and has an agreement in writing with the United States that provides for the safe return and orderly repatriation of unaccompanied alien children who are nationals or habitual residents of such country, shall be treated in accordance with paragraph (1) if the Secretary determines, on a case-by-case basis, that--

(i) such child is a national or habitual resident of a country described in this subparagraph;

(ii) such child does not have a fear of returning to the child's country of nationality or country of last habitual residence owing to a fear of persecution;

(iii) the return of such child to the child's country of nationality or country of last habitual residence would not endanger the life or safety of such child; and

(iv) the child is able to make an independent decision to withdraw the child's application for admission due to age or other lack of capacity.

(B) Right of consultation.--Any child described in subparagraph (A) shall have the right, and shall be informed of that right in the child's native language--

(i) to consult with a consular officer from the child's country of nationality or country of last habitual residence prior to repatriation; and

(ii) to consult, telephonically, with the Office.

(3) Rule for apprehensions at the border.--The custody of unaccompanied alien children not described in paragraph (2) who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b).

(b) Care and Custody of Unaccompanied Alien Children Found in the Interior of the United States.--

(1) Establishment of jurisdiction.--

(A) In general.--Except as otherwise provided under subparagraphs (B) and (C) and subsection (a), the care and custody of all unaccompanied alien children, including responsibility for their detention, where appropriate, shall be under the jurisdiction of the Office.

(B) Exception for children who have committed crimes.--Notwithstanding subparagraph (A), the Department of Justice shall retain or assume the custody and care of any unaccompanied alien who is--

(i) in the custody of the Department of Justice pending prosecution for a Federal crime other than a violation of the Immigration and Nationality Act; or

(ii) serving a sentence pursuant to a conviction for a Federal crime.

(C) Exception for children who threaten national security.--Notwithstanding subparagraph (A), the Department shall retain or assume the custody and care of an unaccompanied alien child if the Secretary has substantial evidence, based on an individualized determination, that such child could personally endanger the national security of the United States.

(2) Notification.--

(A) In general.--Each department or agency of the Federal Government shall promptly notify the Office upon--

(i) the apprehension of an unaccompanied alien child;

(ii) the discovery that an alien in the custody of such department or agency is an unaccompanied alien child;

(iii) any claim by an alien in the custody of such department or agency that such alien is younger than 18 years of age; or

(iv) any suspicion that an alien in the custody of such department or agency who has claimed to be at least 18 years of age is actually younger than 18 years of age.

(B) Special rule.--The Director shall--

(i) make an age determination for an alien described in clause (iii) or (iv) of subparagraph (A) in accordance with section 615; and

(ii) take whatever other steps are necessary to determine whether such alien is eligible for treatment under section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or under this title.

(3) Transfer of unaccompanied alien children.--

(A) Transfer to the office.--Any Federal department or agency that has an unaccompanied alien child in its custody shall transfer the custody of such child to the Office--

(i) not later than 72 hours after a determination is made that such child is an unaccompanied alien, if the child is not described in subparagraph (B) or (C) of paragraph (1);

(ii) if the custody and care of the child has been retained or assumed by the Attorney General under paragraph (1)(B) or by the Department under paragraph (1)(C), following a determination that the child no longer meets the description set forth in such subparagraphs; or

(iii) if the child was previously released to an individual or entity described in section 612(a)(1), upon a determination by the Director that such individual or entity is no longer able to care for the child.

(B) Transfer to the department.--The Director shall transfer the care and custody of an unaccompanied alien child in the custody of the Office or the Department of Justice to the Department upon determining that the child is described in subparagraph (B) or (C) of paragraph (1).

(C) Promptness of transfer.--If a child needs to be transferred under this paragraph, the sending office shall make prompt arrangements to transfer such child and the receiving office shall make prompt arrangements to receive such child.

(c) Age Determinations.--If the age of an alien is in question and the resolution of questions about the age of such alien would affect the alien's eligibility for treatment under section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or this title, a determination of whether or not such alien meets such age requirements shall be made in accordance with section 615, unless otherwise specified in subsection (b)(2)(B).

(d) Access to Alien.--The Secretary and the Attorney General shall permit the Office to have reasonable access to aliens in the custody of the Secretary or the Attorney General to ensure a prompt determination of the age of such alien, if necessary under subsection (b)(2)(B).

SEC. 612. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN

CHILDREN WITH RELATIVES IN THE UNITED STATES.

(a) Placement of Released Children.--

(1) Order of preference.--Subject to the discretion of the Director under paragraph (4), section 613(a)(2), and section 462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied alien child in the custody of the Office shall be promptly placed with 1 of the following individuals or entities in the following order of preference:

(A) A parent who seeks to establish custody under paragraph

(3)(A).

(B) A legal guardian who seeks to establish custody under paragraph (3)(A).

(D) An individual or entity designated by the parent or legal guardian that is capable and willing to care for the well being of the child.

(E) A State-licensed family foster home, small group home, or juvenile shelter willing to accept custody of the child.

(F) A qualified adult or entity, as determined by the Director by regulation, seeking custody of the child if the Director determines that no other likely alternative to long-term detention exists and family reunification does not appear to be a reasonable alternative.

(2) Suitability assessment.--

(A) General requirements.--Notwithstanding paragraph (1), and subject to the requirements of subparagraph (B), an unaccompanied alien child may not be placed with a person or entity described in any of subparagraphs (A) through (F) of paragraph (1) unless the Director provides written certification that the proposed custodian is capable of providing for the child's physical and mental well-being, based on--

(i) with respect to an individual custodian--

(I) verification of such individual's identity and employment;

(II) a finding that such individual has not engaged in any activity that would indicate a potential risk to the child, including the people and activities described in paragraph

(4)(A)(i);

(III) a finding that such individual is not the subject of an open investigation by a State or local child protective services authority due to suspected child abuse or neglect;

(IV) verification that such individual has a plan for the provision of care for the child;

(V) verification of familial relationship of such individual, if any relationship is claimed; and

(VI) verification of nature and extent of previous relationship;

(ii) with respect to a custodial entity, verification of such entity's appropriate licensure by the State, county, or other applicable unit of government; and

(iii) such other information as the Director determines appropriate.

(B) Home study.--

(i) In general.--The Director shall place a child with any custodian described in any of subparagraphs (A) through (F) of paragraph (1) unless the Director determines that a home study with respect to such custodian is necessary.

(ii) Special needs children.--A home study shall be conducted to determine if the custodian can properly meet the needs of--

(I) a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)); or

(II) a child who has been the object of physical or mental injury, sexual abuse, negligent treatment, or maltreatment under circumstances which indicate that the child's health or welfare has been harmed or threatened.

(iii) Follow-up services.--The Director shall conduct follow-up services for at least 90 days on custodians for whom a home study was conducted under this subparagraph.

(C) Contract authority.--The Director may, by grant or contract, arrange for some or all of the activities under this section to be carried out by--

(i) an agency of the State of the child's proposed residence;

(ii) an agency authorized by such State to conduct such activities; or

(iii) an appropriate voluntary or nonprofit agency.

(D) Database access.--In conducting suitability assessments, the Director shall have access to all relevant information in the appropriate Federal, State, and local law enforcement and immigration databases.

(3) Right of parent or legal guardian to custody of unaccompanied alien child.--

(A) Placement with parent or legal guardian.--If an unaccompanied alien child is placed with any person or entity other than a parent or legal guardian, and subsequent to that placement a parent or legal guardian seeks to establish custody, the Director shall--

(i) assess the suitability of placing the child with the parent or legal guardian; and

(ii) make a written determination regarding the child's placement within 30 days.

(B) Rule of construction.--Nothing in this title shall be construed to--

(i) supersede obligations under any treaty or other international agreement to which the United States is a party, including--

(I) the Convention on the Civil Aspects of International Child Abduction, done at The Hague, October 25, 1980 (TIAS 11670);

(II) the Vienna Declaration and Program of Action, adopted at Vienna, June 25, 1993; and

(III) the Declaration of the Rights of the Child, adopted at New York, November 20, 1959; or

(ii) limit any right or remedy under such international agreement.

(4) Protection from smugglers and traffickers.--

(A) Policies and programs.--

(i) In general.--The Director shall establish policies and programs to ensure that unaccompanied alien children are protected from smugglers, traffickers, or other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity.

(ii) Witness protection programs included.--Programs established pursuant to clause (i) may include witness protection programs.

(B) Criminal investigations and prosecutions.--Any officer or employee of the Office or of the Department, and any grantee or contractor of the Office or of the Department, who suspects any individual of involvement in any activity described in subparagraph (A) shall report such individual to Federal or State prosecutors for criminal investigation and prosecution.

(C) Disciplinary action.--Any officer or employee of the Office or the Department, and any grantee or contractor of the Office, who believes that a competent attorney or representative has been a participant in any activity described in subparagraph (A), shall report the attorney to the State bar association of which the attorney is a member, or to other appropriate disciplinary authorities, for appropriate disciplinary action, including private or public admonition or censure, suspension, or disbarment of the attorney from the practice of law.

(5) Grants and contracts.--The Director may award grants to, and enter into contracts with, voluntary agencies to carry out this section or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

(b) Confidentiality.--

(1) In general.--All information obtained by the Office relating to the immigration status of a person described in subparagraphs (A), (B), and (C) of subsection (a)(1) shall remain confidential and may only be used to determine such person's qualifications under subsection (a)(1).

(2) Nondisclosure of information.--In consideration of the needs and privacy of unaccompanied alien children in the custody of the Office or its agents, and the necessity to guarantee the confidentiality of such children's information in order to facilitate their trust and truthfulness with the Office, its agents, and clinicians, the Office shall maintain the privacy and confidentiality of all information gathered in the course of the care, custody, and placement of unaccompanied alien children, consistent with its role and responsibilities under the Homeland Security Act to act as guardian in loco parentis in the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties.

(c) Required Disclosure.--The Secretary or the Secretary of Health and Human Services shall provide the information furnished under this section, and any other information derived from such furnished information, to--

(1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), when such information is requested in writing by such entity; or

(2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).

(d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 613. APPROPRIATE CONDITIONS FOR DETENTION OF

UNACCOMPANIED ALIEN CHILDREN.

(a) Standards for Placement.--

(1) Order of preference.--An unaccompanied alien child who is not released pursuant to section 612(a)(1) shall be placed in the least restrictive setting possible in the following order of preference:

(A) Licensed family foster home.

(B) Small group home.

(D) Residential treatment center.

(E) Secure detention.

(2) Prohibition of detention in certain facilities.--Except as provided under paragraph (3), an unaccompanied alien child shall not be placed in an adult detention facility or a facility housing delinquent children.

(3) Detention in appropriate facilities.--An unaccompanied alien child who has exhibited violent or criminal behavior that endangers others may be detained in conditions appropriate to such behavior in a facility appropriate for delinquent children.

(4) State licensure.--A child shall not be placed with an entity described in section 612(a)(1)(E), unless the entity is licensed by an appropriate State agency to provide residential, group, child welfare, or foster care services for dependent children.

(5) Conditions of detention.--

(A) In general.--The Director and the Secretary shall promulgate regulations incorporating standards for conditions of detention in placements described in paragraph (1) that provide for--

(i) educational services appropriate to the child;

(ii) medical care;

(iii) mental health care, including treatment of trauma, physical and sexual violence, and abuse;

(iv) access to telephones;

(v) access to legal services;

(vi) access to interpreters;

(vii) supervision by professionals trained in the care of children, taking into account the special cultural, linguistic, and experiential needs of children in immigration proceedings;

(viii) recreational programs and activities;

(ix) spiritual and religious needs; and

(x) dietary needs.

(B) Notification of children.--Regulations promulgated under subparagraph (A) shall provide that all children in such placements are notified of such standards orally and in writing in the child's native language.

(b) Prohibition of Certain Practices.--The Director and the Secretary shall develop procedures prohibiting the unreasonable use of--

(1) shackling, handcuffing, or other restraints on children;

(2) solitary confinement; or

(3) pat or strip searches.

(c) Rule of Construction.--Nothing in this section shall be construed to supersede procedures favoring release of children to appropriate adults or entities or placement in the least secure setting possible, as described in paragraph 23 of the Stipulated Settlement Agreement under Flores v. Reno.

SEC. 614. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

(a) Country Conditions.--

(1) Sense of congress.--It is the sense of Congress that, to the extent consistent with the treaties and other international agreements to which the United States is a party, and to the extent practicable, the United States Government should undertake efforts to ensure that it does not repatriate children in its custody into settings that would threaten the life and safety of such children.

(2) Assessment of conditions.--

(A) In general.--The Secretary of State shall include, in the annual Country Reports on Human Rights Practices, an assessment of the degree to which each country protects children from smugglers and traffickers.

(B) Factors for assessment.--The Secretary shall consult the Country Reports on Human Rights Practices and the Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child to a particular country.

(b) Report on Repatriation of Unaccompanied Alien Children.--

(1) In general.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to repatriate unaccompanied alien children.

(2) Contents.--The report submitted under paragraph (1) shall include--

(A) the number of unaccompanied alien children ordered removed and the number of such children actually removed from the United States;

(B) a description of the type of immigration relief sought and denied to such children;

(D) a description of the procedures used to effect the removal of such children from the United States;

(E) a description of steps taken to ensure that such children were safely and humanely repatriated to their country of origin; and

(F) any information gathered in assessments of country and local conditions pursuant to subsection (a)(2).

SEC. 615. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN

CHILD.

(a) Procedures.--

(1) In general.--The Director, in consultation with the Secretary, shall develop procedures to make a prompt determination of the age of an alien, which procedures shall be used--

(A) by the Secretary, with respect to aliens in the custody of the Department;

(B) by the Director, with respect to aliens in the custody of the Office; and

(2) Evidence.--The procedures developed under paragraph (1) shall--

(A) permit the presentation of multiple forms of evidence, including testimony of the alien, to determine the age of the unaccompanied alien for purposes of placement, custody, parole, and detention; and

(B) allow the appeal of a determination to an immigration judge.

(b) Prohibition on Sole Means of Determining Age.--Radiographs or the attestation of an alien may not be used as the sole means of determining age for the purposes of determining an alien's eligibility for treatment under this title or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

(c) Rule of Construction.--Nothing in this section may be construed to place the burden of proof in determining the age of an alien on the Government.

SEC. 616. EFFECTIVE DATE.

This subtitle shall take effect on the date which is 90 days after the date of the enactment of this Act.

Subtitle B--Access by Unaccompanied Alien Children to Child Advocates and Counsel

SEC. 621. CHILD ADVOCATES.

(a) Establishment of Child Advocate Program.--

(1) Appointment.--The Director may appoint a child advocate, who meets the qualifications described in paragraph

(2), for an unaccompanied alien child. The Director is encouraged, if practicable, to contract with a voluntary agency for the selection of an individual to be appointed as a child advocate under this paragraph.

(2) Qualifications of child advocate.--

(A) In general.--A person may not serve as a child advocate unless such person--

(i) is a child welfare professional or other individual who has received training in child welfare matters;

(ii) possesses special training on the nature of problems encountered by unaccompanied alien children; and

(iii) is not an employee of the Department, the Department of Justice, or the Department of Health and Human Services.

(B) Independence of child advocate.--

(i) Independence from agencies of government.--The child advocate shall act independently of any agency of government in making and reporting findings or making recommendations with respect to the best interests of the child. No agency shall terminate, reprimand, de-fund, intimidate, or retaliate against any person or entity appointed under paragraph (1) because of the findings and recommendations made by such person relating to any child.

(ii) Prohibition of conflict of interest.--No person shall serve as a child advocate for a child if such person is providing legal services to such child.

(3) Duties.--The child advocate of a child shall--

(A) conduct interviews with the child in a manner that is appropriate, taking into account the child's age;

(B) investigate the facts and circumstances relevant to the child's presence in the United States, including facts and circumstances--

(i) arising in the country of the child's nationality or last habitual residence; and

(ii) arising subsequent to the child's departure from such country;

(C) work with counsel to identify the child's eligibility for relief from removal or voluntary departure by sharing with counsel relevant information collected under subparagraph (B);

(D) develop recommendations on issues relative to the child's custody, detention, release, and repatriation;

(E) take reasonable steps to ensure that--

(i) the best interests of the child are promoted while the child participates in, or is subject to, proceedings or matters under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);

(ii) the child understands the nature of the legal proceedings or matters and determinations made by the court, and that all information is conveyed to the child in an age-appropriate manner;

(F) report factual findings and recommendations consistent with the child's best interests relating to the custody, detention, and release of the child during the pendency of the proceedings or matters, to the Director and the child's counsel;

(G) in any proceeding involving an alien child in which a complaint has been filed with any appropriate disciplinary authority against an attorney or representative for criminal, unethical, or unprofessional conduct in connection with the representation of the alien child, provide the immigration judge with written recommendations or testimony on any information the child advocate may have regarding the conduct of the attorney; and

(H) in any proceeding involving an alien child in which the safety of the child upon repatriation is at issue, and after the immigration judge has considered and denied all applications for relief other than voluntary departure, provide the immigration judge with written recommendations or testimony on any information the child advocate may have regarding the child's safety upon repatriation.

(4) Termination of appointment.--The child advocate shall carry out the duties described in paragraph (3) until the earliest of the date on which--

(A) those duties are completed;

(B) the child departs from the United States;

(D) the child reaches 18 years of age; or

(E) the child is placed in the custody of a parent or legal guardian.

(5) Powers.--The child advocate--

(A) shall have reasonable access to the child, including access while such child is being held in detention or in the care of a foster family;

(B) shall be permitted to review all records and information relating to such proceedings that are not deemed privileged or classified;

(D) shall be notified in advance of all hearings or interviews involving the child that are held in connection with proceedings or matters under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a reasonable opportunity to be present at such hearings or interviews;

(E) shall be permitted to accompany and consult with the child during any hearing or interview involving such child; and

(F) shall be provided at least 24 hours advance notice of a transfer of that child to a different placement, absent compelling and unusual circumstances warranting the transfer of such child before such notification.

(b) Training.--

(1) In general.--The Director shall provide professional training for all persons serving as child advocates under this section.

(2) Training topics.--The training provided under paragraph

(1) shall include training in--

(A) the circumstances and conditions faced by unaccompanied alien children; and

(B) various immigration benefits for which such alien child might be eligible.

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director shall establish and begin to carry out a pilot program to test the implementation of subsection (a). Any pilot program existing before the date of the enactment of this Act shall be deemed insufficient to satisfy the requirements of this subsection.

(2) Purpose.--The purpose of the pilot program established pursuant to paragraph (1) is to--

(A) study and assess the benefits of providing child advocates to assist unaccompanied alien children involved in immigration proceedings or matters;

(B) assess the most efficient and cost-effective means of implementing the child advocate provisions under this section; and

(C) assess the feasibility of implementing such provisions on a nationwide basis for all unaccompanied alien children in the care of the Office.

(3) Scope of program.--

(A) Selection of site.--The Director shall select 3 sites at which to operate the pilot program established under paragraph (1).

(B) Number of children.--Each site selected under subparagraph (A) should have not less than 25 children held in immigration custody at any given time, to the greatest extent possible.

(4) Report to congress.--Not later than 1 year after the date on which the first pilot program site is established under paragraph (1), the Director shall submit a report on the achievement of the purposes described in paragraph (2) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 622. COUNSEL.

(a) Access to Counsel.--

(1) In general.--The Director shall ensure, to the greatest extent practicable, that all unaccompanied alien children in the custody of the Office or the Department, who are not described in section 611(a)(2), have competent counsel to represent them in immigration proceedings or matters.

(2) Pro bono representation.--To the greatest extent practicable, the Director shall--

(A) make every effort to utilize the services of competent pro bono counsel who agree to provide representation to such children without charge; and

(B) ensure that placements made under subparagraphs (D),

(E), and (F) of section 612(a)(1) are in cities in which there is a demonstrated capacity for competent pro bono representation.

(3) Development of necessary infrastructures and systems.--The Director shall develop the necessary mechanisms to identify and recruit entities that are available to provide legal assistance and representation under this subsection.

(4) Contracting and grant making authority.--

(A) In general.--The Director shall enter into contracts with, or award grants to, nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out the responsibilities of this title, including providing legal orientation, screening cases for referral, recruiting, training, and overseeing pro bono attorneys.

(B) Subcontracting.--Nonprofit agencies may enter into subcontracts with, or award grants to, private voluntary agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this subsection.

(C) Considerations regarding grants and contracts.--In awarding grants and entering into contracts with agencies under this paragraph, the Director shall take into consideration the capacity of the agencies in question to properly administer the services covered by such grants or contracts without an undue conflict of interest.

(5) Model guidelines on legal representation of children.--

(A) Development of guidelines.--The Director of the Executive Office for Immigration Review of the Department of Justice, in consultation with voluntary agencies and national experts, shall develop model guidelines for the legal representation of alien children in immigration proceedings. Such guidelines shall be based on the children's asylum guidelines, the American Bar Association Model Rules of Professional Conduct, and other relevant domestic or international sources.

(B) Purpose of guidelines.--The guidelines developed under subparagraph (A) shall be designed to help protect each child from any individual suspected of involvement in any criminal, harmful, or exploitative activity associated with the smuggling or trafficking of children, while ensuring the fairness of the removal proceeding in which the child is involved.

(C) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Director of the Executive Office for Immigration Review shall--

(i) adopt the guidelines developed under subparagraph (A); and

(ii) submit the guidelines for adoption by national, State, and local bar associations.

(b) Duties.--Counsel under this section shall--

(1) represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the Department;

(2) appear in person for all individual merits hearings before the Executive Office for Immigration Review and interviews involving the Department; and

(3) owe the same duties of undivided loyalty, confidentiality, and competent representation to the child as is due to an adult client.

(1) In general.--Counsel under this section shall have reasonable access to the unaccompanied alien child, including access while the child is--

(A) held in detention;

(B) in the care of a foster family; or

(2) Restriction on transfers.--Absent compelling and unusual circumstances, a child who is represented by counsel may not be transferred from the child's placement to another placement unless advance notice of at least 24 hours is made to counsel of such transfer.

(d) Notice to Counsel During Immigration Proceedings.--

(1) In general.--Except when otherwise required in an emergency situation involving the physical safety of the child, counsel shall be given prompt and adequate notice of all immigration matters affecting or involving an unaccompanied alien child, including adjudications, proceedings, and processing, before such actions are taken.

(2) Opportunity to consult with counsel.--An unaccompanied alien child in the custody of the Office may not give consent to any immigration action, including consenting to voluntary departure, unless first afforded an opportunity to consult with counsel.

(e) Access to Recommendations of Child Advocate.--Counsel shall be given an opportunity to review the recommendations of the child advocate affecting or involving a client who is an unaccompanied alien child.

(f) Counsel for Unaccompanied Alien Children.--Nothing in this title may be construed to require the Government of the United States to pay for counsel to any unaccompanied alien child.

SEC. 623. EFFECTIVE DATE; APPLICABILITY.

(a) Effective Date.--This subtitle shall take effect on the date which is 180 days after the date of the enactment of this Act.

(b) Applicability.--The provisions of this subtitle shall apply to all unaccompanied alien children in Federal custody before, on, or after the effective date of this subtitle.

Subtitle C--Strengthening Policies for Permanent Protection of Alien

Children

SEC. 631. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

(a) J Classification.--

(1) In general.--Section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as follows:

``(J) an immigrant, who is 18 years of age or younger on the date of application for classification as a special immigrant and present in the United States--

``(i) who, by a court order supported by written findings of fact, which shall be binding on the Secretary of Homeland Security for purposes of adjudications under this subparagraph--

``(I) was declared dependent on a juvenile court located in the United States or has been legally committed to, or placed under the custody of, a department or agency of a State, or an individual or entity appointed by a State or juvenile court located in the United States; and

``(II) should not be reunified with his or her parents due to abuse, neglect, abandonment, or a similar basis found under State law;

``(ii) for whom it has been determined by written findings of fact in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; and

``(iii) with respect to a child in Federal custody, for whom the Office of Refugee Resettlement of the Department of Health and Human Services has certified to the Director of U.S. Citizenship and Immigration Services that the classification of an alien as a special immigrant under this subparagraph has not been made solely to provide an immigration benefit to that alien.''.

(2) Rule of construction.--Nothing in section 101(a)(27)(J) of the Immigration and Nationality Act, as amended by paragraph (1), shall be construed to grant, to any natural parent or prior adoptive parent of any alien provided special immigrant status under such subparagraph, by virtue of such parentage, any right, privilege, or status under such Act.

(b) Adjustment of Status.--Section 245(h)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as follows:

``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) shall not apply; and''.

(1) In general.--A child who has been certified under section 101(a)(27)(J) of the Immigration and Nationality Act, as amended by subsection (a)(1), and who was in the custody of the Office at the time a dependency order was granted for such child, shall be eligible for placement and services under section 412(d) of such Act (8 U.S.C. 1522(d)) until the earlier of--

(A) the date on which the child reaches the age designated in section 412(d)(2)(B) of such Act (8 U.S.C. 1522(d)(2)(B)); or

(B) the date on which the child is placed in a permanent adoptive home.

(2) State reimbursement.--If foster care funds are expended on behalf of a child who is not described in paragraph (1) and has been granted relief under section 101(a)(27)(J) of the Immigration and Nationality Act, the Federal Government shall reimburse the State in which the child resides for such expenditures by the State.

(d) Transition Rule.--Notwithstanding any other provision of law, a child described in section 101(a)(27)(J) of the Immigration and Nationality Act, as amended by subsection

(a)(1), may not be denied such special immigrant juvenile classification after the date of the enactment of this Act based on age if the child--

(1) filed an application for special immigrant juvenile classification before the date of the enactment of this Act and was 21 years of age or younger on the date such application was filed; or

(2) was younger than 21 years of age on the date on which the child applied for classification as a special immigrant juvenile and can demonstrate exceptional circumstances warranting relief.

(e) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate rules to carry out this section.

(f) Effective Date.--The amendments made by this section shall apply to all aliens who were in the United States before, on, or after the date of the enactment of this Act.

SEC. 632. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES

WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN

CHILDREN.

(a) Training of State and Local Officials and Certain Private Parties.--

(1) In general.--The Secretary of Health and Human Services, acting jointly with the Secretary, shall provide appropriate training materials, and upon request, direct training, to State and county officials, child welfare specialists, teachers, public counsel, and juvenile judges who come into contact with unaccompanied alien children.

(2) Curriculum.--The training required under paragraph (1) shall include education on the processes pertaining to unaccompanied alien children with pending immigration status and on the forms of relief potentially available. The Director shall establish a core curriculum that can be incorporated into education, training, or orientation modules or formats that are currently used by these professionals.

(3) Video conferencing.--Direct training requested under paragraph (1) may be conducted through video conferencing.

(b) Training of Department Personnel.--The Secretary, acting jointly with the Secretary of Health and Human Services, shall provide specialized training to all personnel of the Department who come into contact with unaccompanied alien children. Training for agents of the Border Patrol and immigration inspectors shall include specific training on identifying--

(1) children at the international borders of the United States or at United States ports of entry who have been victimized by smugglers or traffickers; and

(2) children for whom asylum or special immigrant relief may be appropriate, including children described in section 611(a)(2)(A).

SEC. 633. REPORT.

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains, for the most recently concluded fiscal year--

(1) data related to the implementation of section 462 of the Homeland Security Act (6 U.S.C. 279);

(2) data regarding the care and placement of children under this title;

(3) data regarding the provision of child advocate and counsel services under this title; and

(4) any other information that the Director or the Secretary of Health and Human Services determines to be appropriate.

Subtitle D--Children Refugee and Asylum Seekers

SEC. 641. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

(a) Sense of Congress.--Congress--

(1) commends the former Immigration and Naturalization Service for its ``Guidelines for Children's Asylum Claims'', issued in December 1998;

(2) encourages and supports the Department to implement such guidelines to facilitate the handling of children's affirmative asylum claims;

(3) commends the Executive Office for Immigration Review of the Department of Justice for its ``Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children'', issued in September 2004;

(4) encourages and supports the continued implementation of such guidelines by the Executive Office for Immigration Review in its handling of children's asylum claims before immigration judges; and

(5) understands that the guidelines described in paragraph

(3)--

(A) do not specifically address the issue of asylum claims; and

(B) address the broader issue of unaccompanied alien children.

(b) Training.--

(1) Immigration officers.--The Secretary shall provide periodic comprehensive training under the ``Guidelines for Children's Asylum Claims'' to asylum officers and immigration officers who have contact with children in order to familiarize and sensitize such officers to the needs of children asylum seekers.

(2) Immigration judges.--The Director of the Executive Office for Immigration Review shall--

(A) provide periodic comprehensive training under the

``Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children'' and the ``Guidelines for Children's Asylum Claims'' to immigration judges and members of the Board of Immigration Appeals; and

(B) redistribute the ``Guidelines for Children's Asylum Claims'' to all immigration courts as part of its training of immigration judges.

(3) Use of voluntary agencies.--Voluntary agencies shall be allowed to assist in the training described in this subsection.

(1) Statistics.--

(A) Department of justice.--The Attorney General shall compile and maintain statistics on the number of cases in immigration court involving unaccompanied alien children, which shall include, with respect to each such child, information about--

(i) the age;

(ii) the gender;

(iii) the country of nationality;

(iv) representation by counsel;

(v) the relief sought; and

(vi) the outcome of such cases.

(B) Department of homeland security.--The Secretary shall compile and maintain statistics on the instances of unaccompanied alien children in the custody of the Department, which shall include, with respect to each such child, information about--

(i) the age;

(ii) the gender;

(iii) the country of nationality; and

(iv) the length of detention.

(2) Reports to congress.--Not later than 90 days after the date of the enactment of this Act, and annually, thereafter, the Attorney General, in consultation with the Secretary, Secretary of Health and Human Services, and any other necessary government official, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary House of Representatives on the number of alien children in Federal custody during the most recently concluded fiscal year. Information contained in the report, with respect to such children, shall be categorized by--

(A) age;

(B) gender;

(D) length of time in custody;

(E) the department or agency with custody; and

(F) treatment as an unaccompanied alien child.

SEC. 642. UNACCOMPANIED REFUGEE CHILDREN.

(a) Identifying Unaccompanied Refugee Children.--Section 207(e) of the Immigration and Nationality Act (8 U.S.C. 1157(e)) is amended--

(1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; and

(2) by inserting after paragraph (2) the following:

``(3) An analysis of the worldwide situation faced by unaccompanied refugee children, categorized by region, which shall include an assessment of--

``(A) the number of unaccompanied refugee children;

``(B) the capacity of the Department of State to identify such refugees;

``(C) the capacity of the international community to care for and protect such refugees;

``(D) the capacity of the voluntary agency community to resettle such refugees in the United States;

``(E) the degree to which the United States plans to resettle such refugees in the United States in the following fiscal year; and

``(F) the fate that will befall such unaccompanied refugee children for whom resettlement in the United States is not possible.''.

(b) Training on the Needs of Unaccompanied Refugee Children.--Section 207(f)(2) of the Immigration and Nationality Act (8 U.S.C. 1157(f)(2)) is amended--

(1) by striking ``and'' after ``countries,''; and

(2) by inserting ``, and instruction on the needs of unaccompanied refugee children'' before the period at the end.

SEC. 643. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN

ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.

(a) Placement in Removal Proceedings.--Any unaccompanied alien child apprehended by the Department, except for an unaccompanied alien child subject to exceptions under paragraph (1)(A) or (2) of section 611(a), shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

(b) Exception From Time Limit for Filing Asylum Application.--Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended--

(1) in subsection (a)(2), by adding at the end the following:

``(E) Applicability.--Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child.''; and

(2) in subsection (b)(3), by adding at the end the following:

``(C) Initial jurisdiction.--United States Citizenship and Immigration Services shall have initial jurisdiction over any asylum application filed by an unaccompanied alien child.''.

Subtitle E--Amendments to the Homeland Security Act of 2002

SEC. 651. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE

OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO

UNACCOMPANIED ALIEN CHILDREN.

(a) Additional Responsibilities of the Director.--Section 462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)) is amended--

(1) in subparagraph (K), by striking ``and'' at the end;

(2) in subparagraph (L), by striking the period at the end and inserting ``, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements; and''; and

(3) by adding at the end the following:

``(M) ensuring minimum standards of care for all unaccompanied alien children--

``(i) for whom detention is necessary; and

``(ii) who reside in settings that are alternative to detention.''.

(b) Additional Authority of the Director.--Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is amended by adding at the end the following:

``(4) Authority.--In carrying out the duties under paragraph (3), the Director may--

``(A) contract with service providers to perform the services described in sections 612, 613, 621, and 622 of the Unaccompanied Alien Child Protection Act of 2007; and

``(B) compel compliance with the terms and conditions set forth in section 613 of such Act, by--

``(i) declaring providers to be in breach and seek damages for noncompliance;

``(ii) terminating the contracts of providers that are not in compliance with such conditions; or

``(iii) reassigning any unaccompanied alien child to a similar facility that is in compliance with such section.''.

SEC. 652. TECHNICAL CORRECTIONS.

Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)), as amended by section 651, is further amended--

(1) in paragraph (3), by striking ``paragraph (1)(G)'' and inserting ``paragraph (1)''; and

(2) by adding at the end the following:

``(5) Rule of construction.--Nothing in paragraph (2)(B) may be construed to require that a bond be posted for unaccompanied alien children who are released to a qualified sponsor.''.

SEC. 653. EFFECTIVE DATE.

The amendments made by this subtitle shall take effect as if included in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

Subtitle F--Prison Sexual Abuse Prevention

SEC. 661. SHORT TITLE.

This subtitle may be cited as the ``Prison Sexual Abuse Prevention Act of 2007''.

SEC. 662. SEXUAL ABUSE.

Sections 2241, 2242, 2243, and 2244 of title 18, United States Code, are each amended by striking ``the Attorney General'' each place that term appears and inserting ``the head of any Federal department or agency''.

Subtitle G--Authorization of Appropriations

SEC. 671. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to the Department, the Department of Justice, and the Department of Health and Human Services, such sums as may be necessary to carry out--

(1) the provisions of section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279); and

(2) the provisions of this title.

(b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

______

SA 2437. Mrs. FEINSTEIN 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:

At the end, add the following:

TITLE VI--VISA AND PASSPORT SECURITY

SEC. 601. SHORT TITLE.

This title may be cited as the ``Passport and Visa Security Act of 2007''.

Subtitle A--Reform of Passport Fraud Offenses

SEC. 611. TRAFFICKING IN PASSPORTS.

Section 1541 of title 18, United States Code, is amended to read as follows:

``Sec. 1541. Trafficking in passports

``(a) Multiple Passports.--Any person who, during any period of 3 years or less, knowingly--

``(1) and without lawful authority produces, issues, or transfers 10 or more passports;

``(2) forges, counterfeits, alters, or falsely makes 10 or more passports;

``(3) secures, possesses, uses, receives, buys, sells, or distributes 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or

``(4) completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport, knowing the applications to contain any false statement or representation,shall be fined under this title, imprisoned not more than 20 years, or both.

``(b) Passport Materials.--Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make a passport, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.''.

SEC. 612. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

Section 1542 of title 18, United States Code, is amended to read as follows:

``Sec. 1542. False statement in an application for a passport

``(a) In General.--Whoever knowingly makes any false statement or representation in an application for a United States passport, or mails, prepares, presents, or signs an application for a United States passport knowing the application to contain any false statement or representation, shall be fined under this title, imprisoned not more than 15 years, or both.

``(b) Venue.--

``(1) In general.--An offense under subsection (a) may be prosecuted in any district--

``(A) in which the false statement or representation was made or the application for a United States passport was prepared or signed; or

``(B) in which or to which the application was mailed or presented.

``(2) Acts occurring outside the united states.--An offense under subsection (a) involving an application for a United States passport prepared and adjudicated outside the United States may be prosecuted in the district in which the resultant passport was or would have been produced.

``(c) Savings Clause.--Nothing in this section may be construed to limit the venue otherwise available under sections 3237 and 3238 of this title.''.

SEC. 613. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

Section 1543 of title 18, United States Code, is amended to read as follows:

``Sec. 1543. Forgery and unlawful production of a passport

``(a) Forgery.--Any person who knowingly--

``(1) forges, counterfeits, alters, or falsely makes any passport; or

``(2) transfers any passport knowing it to be forged, counterfeited, altered, falsely made, stolen, or to have been produced or issued without lawful authority,shall be fined under this title, imprisoned not more than 15 years, or both.

``(b) Unlawful Production.--Any person who knowingly and without lawful authority--

``(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport;

``(2) produces, issues, authorizes, or verifies a United States passport for or to any person knowing or in reckless disregard of the fact that such person is not entitled to receive a passport; or

``(3) transfers or furnishes a passport to any person for use by any person other than the person for whom the passport was issued or designed,shall be fined under this title, imprisoned not more than 15 years, or both.''.

SEC. 614. MISUSE OF A PASSPORT.

Section 1544 of title 18, United States Code, is amended to read as follows:

``Sec. 1544. Misuse of a passport

``Any person who knowingly--

``(1) uses any passport issued or designed for the use of another;

``(2) uses any passport in violation of the conditions or restrictions therein contained, or in violation of the laws, regulations, or rules governing the issuance and use of the passport;

``(3) secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; or

``(4) violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States,shall be fined under this title, imprisoned not more than 15 years, or both.''.

SEC. 615. SCHEMES TO DEFRAUD ALIENS.

Section 1545 of title 18, United States Code, is amended to read as follows:

``Sec. 1545. Schemes to defraud aliens

``(a) In General.--Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender claims or represents is authorized by or arises under Federal immigration laws, to--

``(1) defraud any person; or

``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises,shall be fined under this title, imprisoned not more than 15 years, or both.

``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation to such section)) in any matter arising under Federal immigration laws shall be fined under this title, imprisoned not more than 15 years, or both.''.

SEC. 616. IMMIGRATION AND VISA FRAUD.

Section 1546 of title 18, United States Code, is amended to read as follows:

``Sec. 1546. Immigration and visa fraud

``(a) In General.--Any person who knowingly--

``(1) uses any immigration document issued or designed for the use of another;

``(2) forges, counterfeits, alters, or falsely makes any immigration document;

``(3) completes, mails, prepares, presents, signs, or submits any immigration document knowing it to contain any materially false statement or representation;

``(4) secures, possesses, uses, transfers, receives, buys, sells, or distributes any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority;

``(5) adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; or

``(6) transfers or furnishes, without lawful authority, an immigration document to another person for use by a person other than the person for whom the document was issued or designed,shall be fined under this title, imprisoned not more than 15 years, or both.

``(b) Trafficking.--Any person who, during any period of 3 years or less, knowingly--

``(1) and without lawful authority produces, issues, or transfers 10 or more immigration documents;

``(2) forges, counterfeits, alters, or falsely makes 10 or more immigration documents;

``(3) secures, possesses, uses, buys, sells, or distributes 10 or more immigration documents, knowing the immigration documents to be forged, counterfeited, altered, stolen, falsely made, procured by fraud, or produced or issued without lawful authority; or

``(4) completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation,shall be fined under this title, imprisoned not more than 20 years, or both.

``(c) Immigration Document Materials.--Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make immigration documents, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.

``(d) Employment Documents.--Whoever uses--

``(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor;

``(2) an identification document knowing (or having reason to know) that the document is false; or

``(3) a false attestation,for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this title, imprisoned not more than 5 years, or both.''.

SEC. 617. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN

OFFENSES.

Section 1547 of title 18, United States Code, is amended--

(1) in the matter preceding paragraph (1), by striking

``(other than an offense under section 1545)'';

(2) in paragraph (1), by striking ``15'' and inserting

``20''; and

(3) in paragraph (2), by striking ``20'' and inserting

``25''.

SEC. 618. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND

DEFINITIONS.

Chapter 75 of title 18, United States Code, is amended by adding after section 1547 the following new sections:

``Sec. 1548. Attempts and conspiracies

``Any person who attempts or conspires to violate any section of this chapter shall be punished in the same manner as a person who completed a violation of that section.

``Sec. 1549. Additional jurisdiction

``(a) In General.--Any person who commits an offense under this chapter within the special maritime and territorial jurisdiction of the United States shall be punished as provided under this chapter.

``(b) Extraterritorial Jurisdiction.--Any person who commits an offense under this chapter outside the United States shall be punished as provided under this chapter if--

``(1) the offense involves a United States passport or immigration document (or any document purporting to be such a document) or any matter, right, or benefit arising under or authorized by Federal immigration laws;

``(2) the offense is in or affects foreign commerce;

``(3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of Federal immigration laws, or the national security of the United States;

``(4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331) or a drug trafficking crime (as defined in section 929(a)(2)) that affects or would affect the national security of the United States;

``(5) the offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); or

``(6) the offender is a stateless person whose habitual residence is in the United States.

``Sec. 1550. Authorized law enforcement activities

``Nothing in this chapter shall prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law 91-452; 84 Stat. 933).

``Sec. 1551. Definitions

``As used in this chapter:

``(1) The term `application for a United States passport' includes any document, photograph, or other piece of evidence submitted in support of an application for a United States passport.

``(2) The term `false statement or representation' includes a personation or an omission.

``(3) The term `immigration document'--

``(A) means any application, petition, affidavit, declaration, attestation, form, visa, identification card, alien registration document, employment authorization document, border crossing card, certificate, permit, order, license, stamp, authorization, grant of authority, or other official document, arising under or authorized by the immigration laws of the United States; and

``(B) includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document described in subparagraph (A).

``(4) The term `immigration laws' includes--

``(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17));

``(B) the laws relating to the issuance and use of passports; and

``(C) the regulations prescribed under the authority of any law described in subparagraph (A) or (B).

``(5) A person does not exercise `lawful authority' if the person abuses or improperly exercises lawful authority the person otherwise holds.

``(6) The term `passport' means--

``(A) a travel document attesting to the identity and nationality of the bearer that is issued under the authority of the Secretary of State, a foreign government, or an international organization; or

``(B) any instrument purporting to be a document described in subparagraph (A).

``(7) The term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter.

``(8) The term `to present' means to offer or submit for official processing, examination, or adjudication. Any such presentation continues until the official processing, examination, or adjudication is complete.

``(9) The `use' of a passport or an immigration document referred to in section 1541(a), 1543(b), 1544, 1546(a), and 1546(b) of this chapter includes--

``(A) any officially authorized use;

``(B) use to travel;

``(C) use to demonstrate identity, residence, nationality, citizenship, or immigration status;

``(D) use to seek or maintain employment; or

``(E) use in any matter within the jurisdiction of the Federal government or of a State government.''.

SEC. 619. CLERICAL AMENDMENT.

The table of sections for chapter 75 of title 18, United States Code, is amended to read as follows:

``Sec.

``1541. Trafficking in passports.

``1542. False statement in an application for a passport.

``1543. Forgery and unlawful production of a passport.

``1544. Misuse of a passport.

``1545. Schemes to defraud aliens.

``1546. Immigration and visa fraud.

``1547. Alternative imprisonment maximum for certain offenses.

``1548. Attempts and conspiracies.

``1549. Additional jurisdiction.

``1550. Authorized law enforcement activities.

``1551. Definitions.''.

Subtitle B--Other Reforms

SEC. 621. DIRECTIVE TO THE UNITED STATES SENTENCING

COMMISSION.

(a) In General.--Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate or amend the sentencing guidelines, policy statements, and official commentaries related to passport fraud offenses, including the offenses described in chapter 75 of title 18, United States Code, as amended by section 2, to reflect the serious nature of such offenses.

(b) Report.--Not later than one year after the date of the enactment of this Act, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this section.

SEC. 622. RELEASE AND DETENTION PRIOR TO DISPOSITION.

(a) Detention.--Section 3142(e) of title 18, United States Code, is amended to read as follows:

``(e) Detention.--(1) If, after a hearing pursuant to the provisions of subsection (f) of this section, the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, such judicial officer shall order the detention of the person before trial.

``(2) In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that--

``(A) the person has been convicted of a Federal offense that is described in subsection (f)(1) of this section, or of a State or local offense that would have been an offense described in subsection (f)(1) of this section if a circumstance giving rise to Federal jurisdiction had existed;

``(B) the offense described in subparagraph (A) of this paragraph was committed while the person was on release pending trial for a Federal, State, or local offense; and

``(C) a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in subparagraph

(A) of this paragraph, whichever is later.

``(3) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, an offense under section 924(c), 956(a), or 2332b of this title, or an offense listed in section 2332b(g)(5)(B) of this title for which a maximum term of imprisonment of 10 years or more is prescribed, or an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title.

``(4) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person--

``(A) is an alien; and

``(B)(i) has no lawful immigration status in the United States;

``(ii) is the subject of a final order of removal; or

``(iii) has committed a felony offense under chapter 75 of this title.''.

(b) Factors to Be Considered.--Section 3142(g)(3) of title 18, United States Code, is amended--

(1) in subparagraph (A), by striking ``and'' at the end; and

(2) by adding at the end the following new subparagraph:

``(C) the person's immigration status; and''.

SEC. 623. PROTECTION FOR LEGITIMATE REFUGEES AND ASYLUM

SEEKERS.

(a) Protection for Legitimate Refugees and Asylum Seekers.--The Attorney General, in consultation with the Secretary of Homeland Security, shall develop binding prosecution guidelines for Federal prosecutors to ensure that any prosecution of an alien seeking entry into the United States by fraud is consistent with the United States treaty obligations under Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).

(b) No Private Right of Action.--The guidelines required by subsection (a), and any internal office procedures adopted pursuant thereto, are intended solely for the guidance of attorneys for the United States. This section, such guidelines, and the process for determining such guidelines are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter

SEC. 624. DIPLOMATIC SECURITY SERVICE.

Section 37(a)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:

``(1) conduct investigations concerning--

``(A) illegal passport or visa issuance or use;

``(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State;

``(C) violations of chapter 77 of title 18, United States Code; and

``(D) Federal offenses committed within the special maritime and territorial jurisdiction defined in paragraph

(9) of section 7 of title 18, United States Code;''.

SEC. 625. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN

IMMIGRATION, PASSPORT, AND NATURALIZATION

OFFENSES.

(a) In General.--Section 3291 of title 18, United States Code, is amended to read as follows:

``Sec. 3291. Immigration, passport, and naturalization offenses

``No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses) or 75 (relating to passport and visa offenses) of this title, or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information is filed within ten years after the commission of the offense.''.

(b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3291 and inserting the following:

``3291. Immigration, passport, and naturalization offenses''.

______

SA 2438. Mrs. CLINTON 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:

At the appropriate place, insert the following:

SEC. __. SHARED BORDER MANAGEMENT.

(a) Study.--The Comptroller General of the United States shall conduct a study on the Department of Homeland Security's use of shared border management to secure the international borders of the United States.

(b) Report.--The Comptroller General shall submit a report to Congress that describes--

(1) any negotiations, plans, or designs conducted by officials of the Department of Homeland Security regarding the practice of shared border management; and

(2) the factors required to be in place for shared border management to be successful.

______

SA 2439. Mr. NELSON of Florida 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. __. TRANSPORTATION FACILITY ACCESS CONTROL PROGRAMS.

The Secretary of Homeland Security shall work with appropriate officials of Florida and of other States to resolve the differences between the Transportation Worker Identification Credential program administered by the Transportation Security Administration and existing State transportation facility access control programs.

______

SA 2440. Mrs. McCASKILL (for herself, Mr. Obama, and Mr. Pryor) 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 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 and make recommendations relating to that investigation, including recommendations on any disciplinary or other personnel actions and recommendations regarding any additional training necessary for employees in the Office of General Counsel of the Federal Emergency Management Agency to remedy institutionalized biases that affect disaster victims, the feasability of, and need for, developing a systematic process by which the Federal Emergency Management Agency collects, reports, and responds to occupants of housing supplied by the Federal Emergency Management Agency (including such housing supplied through a third party), and whether the Inspector General should review complaints received by the Federal Emergency Management Agency to facilitate early detection of problems and effective mitigation and responsiveness: Provided further, That the investigation under the previous proviso shall include any other decision where the Inspector General determines that the Office of General Counsel of the Federal Emergency Management Agency prioritized insulating the Federal Emergency Management Agency from possible legal liability over public safety''.

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 update training practices for all customer service employees of the Federal Emergency Management Agency and establish an appropriate continuing education requirement for employees in the Office of General Counsel of the Federal Emergency Management Agency relating to addressing health concerns of disaster victims''.

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, in response to the reports of possible health impacts due to formaldehyde exposure in certain trailers provided by the Federal Emergency Management Agency, which shall include a description of any disciplinary or other personnel actions taken in response to those possible health impacts and 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): Provided further, That the Administrator shall provide for indoor air quality testing and root cause determination,

(including such testing and determination relating to formaldehyde) of occupied and unoccupied trailers provided by the Federal Emergency Management Agency, which shall be reviewed or conducted by a third party with a proven record of scientifically based environmental and epidemiological testing: Provided further, That the Administrator shall work with the heads of other appropriate Federal departments and agencies (including components of the Department of Homeland Security), impacted States, and disaster victims to make available safe alternatives for living conditions based on the results of the testing and determinations under the previous proviso: Provided further, That the previous proviso shall not be construed to limit the authority of the Administrator to make accommodations for occupants requesting relocation assistance due to potential health hazards in that housing prior to receipt of such test results: Provided further, That the Administrator and the Administrator of General Services, in conjunction with the heads of other appropriate Federal departments and agencies, including components of the Department of Homeland Security, shall develop a policy for surplus trailers to mitigate the health impacts for potential occupants''.

______

SA 2441. Mrs. CLINTON 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. Notwithstanding any other provision of law, the Administrator of the Transportation Security Administration shall continue to 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 2442. Mr. COBURN (for himself, Mr. DeMINT, and Mr. McCain) 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. __. (a)(1)(A) None of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract awarded through a congressional initiative unless the contract is awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.

(B) Except as provided in paragraph (3), none of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract awarded through a congressional initiative unless more than one bid is received for such contract.

(2) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be awarded by grant or cooperative agreement through a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive procedures to select the grantee or award recipient. Except as provided in paragraph (3), no such grant 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)(A) If the Secretary of Homeland Security 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 contract, grant, or cooperative agreement is essential to the mission of the Department of Homeland Security.

(b)(1) Not later than December 31, 2008, the Secretary of Homeland Security shall submit to Congress a report on congressional initiatives for which amounts were appropriated during fiscal year 2008.

(2) The report submitted under paragraph (1) shall include with respect to each contract and grant awarded through 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

(3) The report submitted under paragraph (1) shall be made publicly available through the Internet website of the Department of Homeland Security.

(1) 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--

(A) 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; and

(B) the amount of the funds appropriated or otherwise made available for such project.

(2) The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

______

SA 2443. 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.

(1) 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--

(A) 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;

(B) electronically confirm the issuance of an employment authorization or identity document to the individual who is seeking employment, and to display the photograph that the issuer placed on such document to allow an employer to verify employment authorization or identity by comparing the photograph displayed on the document presented by the individual to the photograph transmitted by the Department of Homeland Security;

(C) 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;

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

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

(F) 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--

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

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

(iii) 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; and

(iv) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees.

(2) 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--

(A) 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--

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

(ii) respond to inquiries by employers; and

(iii) enter into memoranda of understanding with States to ensure responses to clauses (i) and (ii); and

(B) permit State law enforcement authorities to access data maintained by the basic pilot program through a written or electronic inquiry to the Chief Privacy Officer of the Department of Homeland Security; and

(C) 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.

(3) 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--

(A) 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;

(B) work to correct any errors identified under subparagraph (A); and

(C) 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.

(4) 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.

(5) Authorization of appropriations.--There is authorized to be appropriated $60,000,000 for fiscal year 2008 for the expansion and base operations of the Employment Eligibility Verification Basic Pilot Program.

______

SA 2444. Mr. GRASSLEY (for himself and Mr. Inhofe) 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 made available under this Act may be expended until the Secretary of Homeland Security certifies to Congress that all new hires by the Department of Homeland Security are verified through the basic pilot program authorized under section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(8 U.S.C. 1324a note).

Sec. 537. None of the funds made available under this Act may be available to enter into a contract with a person, employer, or other entity that does not participate in the basic pilot program authorized under section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).

______

SA 2445. Mr. GRAHAM 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 end, add the following:

Sec. 536. (a) Report on Interagency Operational Centers for Port Security.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report on the implementation and use of interagency operational centers for port security under section 70107A of title 46, United States Code.

(b) Elements.--The report required by subsection shall include the following:

(1) A detailed description of the progress made in transitioning Project Seahawk in Charleston, South Carolina, from the Department of Justice to the Coast Guard, including all projects and equipment associated with that project.

(2) A detailed description of that actions being taken to assure the integrity of Project Seahawk and ensure there is no loss in cooperation between the agencies specified in section 70107A(b)(3) of title 46, United State Code.

(3) A detailed description and explanation of any changes in Project Seahawk as of the date of the report, including any changes in Federal, State, or local staffing of that project.

______

SA 2446. Mr. BIDEN 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 20, strike ``$3,030,500,000'' and insert

``$3,080,500,000''.

On page 36, line 22, strike ``$1,836,000,000'' and insert

``$1,886,000,000''.

On page 37, line 20, strike ``$400,000,000'' and insert

``$450,000,000''.

On page 37, line 24, insert ``, of which $50,000,000 shall be available for Amtrak security upgrades, including infrastructure protection, securing tunnels and stations, hiring and training Amtrak police officers, deploying additional canine units, operating and capital costs associated with security awareness, preparedness, and response, and other activities that enhance the security of Amtrak infrastructure, employees, and passengers'' before the semicolon at the end.

______

SA 2447. Mr. SCHUMER (for himself, Mr. Lautenberg, Mrs. Clinton, and Mr. Menendez) 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 49, line 22, strike the period at the end and all that follows through ``2010:'' on page 50, line 2, and insert the following: ``, of which $10,000,000 shall be available to support the implementation of the Securing the Cities initiative at the level requested in the President's budget.

``systems acquisition

``For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture,

$182,000,000, to remain available until September 30, 2010, of which $30,000,000 shall be available to support the implementation of the Securing the Cities initiative at the level requested in the President's budget:''.

______

SA 2448. Mr. SCHUMER (for himself and Mrs. Hutchison) 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. INCREASING THE DOMESTIC SUPPLY OF NURSES AND

PHYSICAL THERAPISTS THROUGH THE RECAPTURE OF

UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.

Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1996, 1997,'' after ``available in fiscal year''; and

(B) by inserting ``group I,'' after ``schedule A,'';

(2) in paragraph (2)(A), by inserting ``1996, 1997, and'' after ``available in fiscal years''; and

(3) by adding at the end the following:

``(4) Petitions.--The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in schedule A not later than 30 days after the date on which a completed petition has been filed.''.

______

SA 2449. 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; as follows:

On page 39, line 21, insert ``, of which not less than

$75,000,000 shall be used for training, exercises, and technical assistance consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))'' before the semicolon at the end.

______

SA 2450. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Carper, and Mr. Sanders) 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. The Administrator of the United States Fire Administration may obligate and expend any unobligated funds made available in fiscal year 2006 to the United States Fire Administration to perform deferred annual maintenance at the National Emergency Training Center in Emmitsburg, Maryland.

______

SA 2451. Mr. SESSIONS 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. _. GAO STUDY OF COST OF FENCING ON THE SOUTHERN BORDER.

(a) Inquiry and Report Required.--The Comptroller of the United States shall conduct a study examining--

(1) the total amount of money that has been expended, as of June 20, 2007, to construct 90 miles of fencing on the southern border of the United States;

(2) the average cost per mile of the 90 miles of fencing on the southern border as of June 20, 2007;

(3) the average cost per mile of the 370 miles of fencing that the Department of Homeland Security is required to have completed on the southern border by December 31, 2008, which shall include $1,187,000,000 appropriated in fiscal year 2007 for ``border security fencing, technology, and infrastructure'' and the $1,000,000,000 appropriated under this Act under the heading ``Border Security Fencing, Infrastructure, and Technology'';

(4) the total cost and average cost per mile to construct the 700 linear miles (854 topographical miles) of fencing on the southern border required to be constructed under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 3 of the Secure Fence Act of 2006 (Public Law 109-367);

(5) the total cost and average cost per mile to construct the fencing described in paragraph (4) if the double layer fencing requirement were eliminated; and

(6) the number of miles of single layer fencing, if fencing were not accompanied by additional technology and infrastructure such as cameras, sensors, and roads, which could be built with the $1,187,000,000 appropriated in fiscal year 2007 for ``border security fencing, technology, and infrastructure'' and the $1,000,000,000 appropriated under this Act under the heading ``Border Security Fencing, Infrastructure, and Technology''.

(b) Submission of Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study conducted pursuant to subsection (a) to--

(1) the Committee on Appropriations of the Senate;

(2) the Committee on the Judiciary of the Senate;

(3) the Committee on Appropriations of the House of Representatives; and

(4) the Committee on the Judiciary of the House of Representatives.

______

SA 2452. Mr. SESSIONS 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 10, line 26, strike ``$1,000,000,000, to remain available until expended: Provided ,'' and insert

``$2,480,800,000, to remain available until expended, of which $1,548,800,00 shall be designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress) and shall be used for the construction of topographic mile 371 through linear mile 700 of the miles of fence required by section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 3 of the Secure Fence Act of 2006; Provided,''.

______

SA 2453. Mr. SESSIONS 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 10, line 26, strike ``$1,000,000,000, to remain available until expended: Provided,'' and insert

``$2,480,800,000, to remain available until expended: Provided, that not less than $1,548,800,000 shall be used for the construction of topographic mile 371 through linear mile 700 of the miles of fence required by section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 3 of the Secure Fence Act of 2006 (Public Law 109-367); Provided further,''.

At the appropriate place, insert the following:

SEC. __. OFFSETTING LANGUAGE.

All discretionary amounts made available under this Act, other than the amounts appropriated under the subheadings related to funding of customs and border patrol salaries and expenses, immigration and customs enforcement salaries and expenses, United States Coast Guard salaries and expenses, United States Visitor and Immigrant Status Indicator Technology project, disaster relief, flood map modernization fund, national flood insurance fund, national flood mitigation fund, national predisaster mitigation fund, emergency food and shelter, and Federal law enforcement training center salaries and expenses, shall be reduced on a pro rata basis by $1,548,800,000.

______

SA 2454. Mr. SESSIONS 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 40, line 24, insert ``Provided further, That grants provided under paragraph (3) may be used for State and local expenses relating to the implementation of agreements between the Department of Homeland Security and State and local governments in accordance with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).'' before the period at the end.

______

SA 2455. Mr. SESSIONS (for himself and Mr. Inhofe) 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. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT

BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

(a) Authority.--Law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien who is unlawfully present or removable for the purpose of assisting in the enforcement of the immigration laws of the United States, including laws related to visa overstay, in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by Federal law. This State authority to detain or arrest shall not last longer than 72 hours unless the Secretary of Homeland Security requests that the State, or political subdivision of the State, continue to detain or arrest the alien to facilitate transfer to Federal custody. This State authority shall terminate if the State, or political subdivision of the State, is directed by the Secretary of Homeland Security to release the alien.

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

SEC. 537. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL

CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime Information Center.--

(1) In general.--Except as provided under paragraph (3)(C), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice, and the head of the National Crime Information Center shall input into the National Crime Information Center Database, the information that the Secretary has or maintains related to any alien--

(A) against whom a final order of removal has been issued;

(B) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such section 240B, or who has violated a condition of a voluntary departure agreement under such section 240B;

(C) whom a Federal immigration officer has confirmed to be unlawfully present in the United States or removable from the United States; or

(D) whose visa has been revoked.

(2) Removal of information.--The head of the National Crime Information Center shall promptly remove any information provided by the Secretary under paragraph (1) related to an alien who is lawfully admitted to enter or lawfully permitted to remain in the United States.

(3) Procedure for removal of erroneous information.--

(A) In general.--The Secretary, in consultation with the head of the National Crime Information Center, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under paragraph (1) related to such alien.

(B) Effect of failure to receive notice.--Under procedures developed under subparagraph (A), failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under paragraph (1) related to such alien, unless such information is erroneous.

(C) Interim provision of information.--Notwithstanding the 180-day period set forth in paragraph (1), the Secretary may not provide the information required under paragraph (1) until the procedures required under this paragraph have been developed and implemented.

(b) Inclusion of Information in the National Crime Information Center Database.--Section 534(a) of title 28, United States Code, is amended--

(1) in paragraph (3), by striking ``and'' at the end;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following:

``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''.

______

SA 2456. Mr. SESSIONS 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 6, line 12, strike ``$6,601,058,000;'' and insert

``$7,001,058,000, of which $400,000,000 shall remain available until expended or until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367) for Operation Jump Start in order to maintain a significant durational force of the 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;''.

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

SEC. 536. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE

SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority to Provide Assistance.--Until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367), the Governor of a State, upon the approval of the Secretary of Defense, shall order any units or personnel of the National Guard of such State--

(1) to perform annual training duty under section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized under subsection (b), for the purpose of securing such border; and

(2) to perform duties under section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units or personnel performing annual training duty under paragraph (1).

(b) Authorized Activities.--The activities authorized under this subsection are any of the following:

(1) Ground reconnaissance activities.

(2) Airborne reconnaissance activities.

(3) Logistical support.

(4) Provision of translation services and training.

(5) Administrative support services.

(6) Technical training services.

(7) Emergency medical assistance and services.

(8) Communications services.

(9) Rescue of aliens in peril.

(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States.

(11) Ground and air transportation.

(12) Identification, interrogation, search, seizure, and detention of any alien entering or attempting to enter the United States in violation of any law or regulation regarding the admission, exclusion, expulsion, or removal of aliens, until the alien can be transferred into the custody of a border patrol agent or a customs and border protection officer.

(c) Cooperative Agreements.--Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.

(d) Coordination of Assistance.--The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard.

(e) Annual Training.--Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty. Individual periods of training duty shall not be limited to 3 weeks per year.

(f) Rules of Engagement.--The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the rules of engagement to be followed by units and personnel of the National Guard tasked with authorized activities described in subsection

(b)(12). The rules of engagement for the National Guard shall be equivalent to the rules of engagement for Border Patrol agents.

(g) Use of Force.--Nondeadly force may be used by National Guard members stationed at the southern border in the identification, interrogation, search, seizure, and detention of any alien in accordance with subsection (b)(12).

(h) Definitions.--In this section:

(1) Governor of a state.--The term ``Governor of a State'' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.

(2) Nondeadly force.--The term ``nondeadly force'' means physical force or restraint that could not reasonably be expected to result in, or be capable of, causing death or serious bodily injury.

(3) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(4) State along the southern boarder of the united states.--The term ``State along the southern border of the United States'' means each of the following:

(A) The State of Arizona.

(B) The State of California.

(D) The State of Texas.

(i) Duration of Authority.--This section shall be effective until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367).

______

SA 2457. Mr. SESSIONS 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 6, line 12, strike ``$6,601,058,000;'' and insert

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

SEC. 536. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE

SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority to Provide Assistance.--Until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367), the Governor of a State, upon the approval of the Secretary of Defense, may order any units or personnel of the National Guard of such State--

(b) Authorized Activities.--The activities authorized under this subsection are any of the following:

(1) Ground reconnaissance activities.

(2) Airborne reconnaissance activities.

(3) Logistical support.

(4) Provision of translation services and training.

(5) Administrative support services.

(6) Technical training services.

(7) Emergency medical assistance and services.

(8) Communications services.

(9) Rescue of aliens in peril.

(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States.

(11) Ground and air transportation.

(h) Definitions.--In this section:

(1) Governor of a state.--The term ``Governor of a State'' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.

(2) Nondeadly force.--The term ``nondeadly force'' means physical force or restraint that could not reasonably be expected to result in, or be capable of, causing death or serious bodily injury.

(3) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(4) State along the southern boarder of the united states.--The term ``State along the southern border of the United States'' means each of the following:

(A) The State of Arizona.

(B) The State of California.

(D) The State of Texas.

(i) Duration of Authority.--This section shall be effective until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367).

______

SA 2458. Mr. SESSIONS 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. __. CRIMINAL ALIEN PROGRAM PILOT PROJECT.

(a) In General.--The Secretary shall use funds appropriated for the Criminal Alien Program of United States Immigration and Customs Enforcement to implement a pilot project to evaluate technology that can--

(1) effectively analyze information on jail and prison populations; and

(2) automatically identify incarcerated illegal aliens in a timely manner before their release from detention.

(b) Minimum Requirements.--The pilot project implemented under subsection (a) shall involve not fewer than 2 States and shall provide for the daily collection of data from not fewer than 15 jails or prisons.

(c) Report.--Not later than July 1, 2008, the Secretary shall submit a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that describes--

(1) the status of the pilot project implemented under subsection (a);

(2) the impact of the pilot project on illegal alien management; and

(3) the Secretary's plans to integrate the technology evaluated under the pilot project into future enforcement budgets and operating procedures.

SEC. __. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program.--

(1) Continuation.--The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the ``Program'') or shall develop and implement another program to--

(A) identify removable criminal aliens in Federal and State correctional facilities;

(B) ensure that such aliens are not released into the community; and

(2) Expansion.--The Secretary may extend the scope of the Program to all States.

(b) Authorization for Detention After Completion of State or Local Prison Sentence.--Law enforcement officers of a State or political subdivision of a State may--

(2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until authorized employees of United States Immigration and Customs Enforcement can take the alien into custody.

(c) Technology Usage.--Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations.

(d) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the participation of States in the Program and in any other program authorized under subsection (a).

(e) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for fiscal year 2008 to carry out the Institutional Removal Program.

SEC. __. STRENGTHENING DEFINITION OF CONVICTION.

Section 101(a)(48) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)(48)) is amended by adding at the end the following:

______

SA 2459. Mr. SESSIONS 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. __. EXPANSION OF ZERO TOLERANCE POLICY TO PROSECUTE ALL

ILLEGAL ALIENS WHO ILLEGALLY ENTER THE UNITED

STATES ALONG THE SOUTHERN LAND BORDER IN THE

TUCSON, ARIZONA OR SAN DIEGO, CALIFORNIA

SECTOR.

(a) In General.--The Secretary of the Homeland Security shall work with the United States Attorney offices assigned to the judicial district located in the Tucson, Arizona and San Diego, California sectors along the southern land border of the United States to implement a zero tolerance policy of prosecuting all undocumented aliens attempting to enter the United States along the southern land border in violation of section 275 of the Immigration and Nationality Act (8 U.S.C. 1325). This policy was successfully implemented in the Del Rio, Texas sector in a program known as Operation Streamline.

(b) Requirement.--Until the zero tolerance program described in subsection (a) is fully implemented, the Secretary of Homeland Security shall refer all undocumented aliens who are apprehended while attempting to enter the United States in the Tucson, Arizona or San Diego, California sector along the southern land border in violation of section 275 of such Act to the United States Attorneys offices assigned to the judicial district located in such sectors. Such offices shall provide a formal acceptance or declination for prosecution of such undocumented aliens.

______

SA 2460. Mr. SESSIONS 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. __. GAO STUDY OF EFFECT OF AFFIDAVIT OF SUPPORT ON

MEANS-TESTED PUBLIC BENEFITS.

(a) Inquiry and Report Required.--The Comptroller General of the United States shall conduct a study examining--

(1) the number of immigrants with a sponsor who submitted an Affidavit of Support (I-864) on the immigrant's behalf to the Department of Homeland Security or the former Immigration and Naturalization Service;

(2) the number of immigrants described in paragraph (1) who received Federal means-tested public benefits (except those public benefits specified in section 403(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c))) when the sponsor was obligated to support the immigrant and the total dollar value of such benefits;

(3) the number of immigrants described in paragraph (1) who received State means-tested public benefits (except those public benefits specified in such section 403(c)) when the sponsor was obligated to support the immigrant and the total dollar value of such benefits;

(4) the number of immigrants described in paragraph (1) who received local means-tested public benefits (except those public benefits specified in such section 403(c)) when the sponsor was obligated to support the immigrant and the total dollar value of such benefits;

(5) the efforts taken by Federal, State, and local agencies that provided means-tested public benefits described in paragraph (2), (3), or (4) to immigrants to determine whether such immigrants were covered by a sponsor's obligation as contracted in an Affidavit of Support; and

(6) the efforts taken by the Federal, State, and local agencies described in paragraph (5) to obtain repayment from the sponsors who were obligated to reimburse such agencies for the benefits described in paragraph (2), (3), or (4) received by sponsored immigrants.

(b) Submission of Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the study conducted pursuant to subsection (a) to--

(1) the Committee on Appropriations of the Senate;

(2) the Committee on the Judiciary of the Senate;

(3) the Committee on Appropriations of the House of Representatives; and

(4) the Committee on the Judiciary of the House of Representatives.

______

SA 2461. Mr. SCHUMER 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 2, line 11, strike ``$100,000,000'' and insert

``$94,000,000''.

On page 18, line 2, strike ``$5,039,559,000'' and insert

``$5,045,559,000''.

On page 18, line 10, strike ``$964,445,000'' and insert

``$970,445,000''.

On page 18, line 20, strike ``$2,329,334,000'' and insert

``$2,335,344,000''.

______

SA 2462. 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; as follows:

On page 16, line 1, strike ``may'' and insert ``shall''.

______

SA 2463. Mr. KERRY (for himself 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:

At the appropriate place, insert the following:

SEC. ------. TSA ACQUISITION MANAGEMENT POLICY.

(a) In General.--Section 114 of title 49, United States Code, is amended by striking subsection (o) and redesignating subsections (p) through (t) as subsections (o) through (s), respectively.

(b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.

______

SA 2464. Mr. OBAMA 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 25, insert after ``in advance'' the following: ``, and the Secretary posts on the Department's website whether the grant or contract recipient has been the subject of any civil, criminal, or administrative proceedings initiated or concluded by the Federal Government or any State government during the most recent five-year period''.

______

SA 2465. Mr. DODD (for himself, Ms. Collins, and Mr. Bayh) 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. (a) The amount appropriated by title III for necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 under the heading

``firefighter assistance grants'' is hereby increased by $5,000,000 for necessary expenses to carry out the programs authorized under section 34 of that Act (15 U.S.C. 2229a).

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

``infrastructure protection and information security'' is hereby reduced by $2,000,000.

``analysis and operations'' is hereby reduced by $3,000,000.

______

SA 2466. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Domenici, Mrs. Feinstein, Mr. Cornyn, and Mrs. Boxer) 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:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENT OF BARRIERS AT BORDER.

Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--

(1) in subsection (a), by striking ``Attorney General, in consultation with the Commissioner of Immigration and Naturalization,'' and inserting ``Secretary of Homeland Security''; and

(2) in subsection (b)--

(A) in the subsection heading, by striking ``in the Border Area'' and inserting ``Along the Border'';

(B) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;

(i) in the paragraph heading, by striking ``Security features'' and inserting ``Additional fencing along southwest border''; and

(ii) by striking subparagraphs (A) through (C) and inserting the following:

``(B) Priority areas.--In carrying out this section, the Secretary of Homeland Security shall--

``(ii) not later than December 31, 2008, complete construction of reinforced fencing along the 370 miles identified under clause (i).

``(C) Consultation.--

``(i) In general.--In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.

``(ii) Savings provision.--Nothing in this subparagraph may be construed to--

``(I) create any right of action for a State, local government, or other person or entity affected by this subsection; or

``(II) affect the eminent domain laws of the United States or of any State.

(D) in paragraph (5), as redesignated, by striking ``to carry out this subsection not to exceed $12,000,000'' and inserting ``such sums as may be necessary to carry out this subsection''.

______

SA 2467. Mr. COBURN (for himself and Mr. Obama) 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. DATA RELATING TO DECLARATIONS OF A MAJOR DISASTER.

(a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), and not later than 30 days after the date that the President determines whether to declare a major disaster because of an event, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, and publish on the website of the Federal Emergency Management Agency, a report regarding that decision, which shall include all data used to determine whether--

(1) to declare a major disaster; or

(2) a State will be eligible for assistance under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.).

(b) Exception.--The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.

(1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; and

(2) the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

______

SA 2468. 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:

At the end, add the following:

Sec. 536. (a) Policy of the United States.--It shall be the policy of the United States Government that the foremost objective of the United States in the Global War on Terror and in protecting the United States Homeland is to capture or kill Osama bin Laden, Ayman al-Zawahiri, and other members of al Qaeda and to destroy the al Qaeda network.

(b) Funding.--

(1) Additional amount for counterterrorist operations.--There is hereby appropriated for the Central Intelligence Agency, $25,000,000.

(2) Emergency requiremen6t.--The amount appropriated by paragraph (1) is hereby designated as an emergency requirement pursuant to section 204 of S.Con.Res.21 (110th Congress).

______

SA 2469. Mr. COCHRAN (for himself and Mr. Lott) 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 64, between lines 6 and 7, insert the following:

(d) Notwithstanding section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c), projects relating to Hurricanes Katrina and Rita for which the non-Federal share of assistance under that section is funded by amounts appropriated to the Community Development Fund under chapter 9 of title I of division B of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2779) or chapter 9 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 472) shall not be subject to any precertification requirements.

______

SA 2470. Mr. STEVENS 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 7, line 7, insert after ``operations;'' the following: of which $20,000,000 shall be utilized to develop and implement a Model Ports of Entry program at the 20 United States international airports with the greatest average annual number of arriving foreign visitors to provide a more efficient and welcoming international arrival process in order to facilitate and promote business and leisure travel to the United States, while also improving security;''

______

SA 2471. Mr. STEVENS 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 7, line 7, insert after ``operations;'' the following: ``of which such sums shall hire and deploy 200 additional CBP officers at domestic airports receiving significant numbers of international passengers to alleviate wait times at such airports;''

______

SA 2472. Mrs. CLINTON 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 funds made available in this or any other Act for fiscal year 2008 may be used to enforce section 4025(1) of Public Law 108-458 until the Assistant Secretary

(Transportation Security Administration) submits 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 analysis in support of the conclusions reached. The Comptroller General of the United States shall report on the Comptroller General's assessment of the report submitted by the Transportation Security Administration to the Committees within 180 days of its submission. The Assistant Secretary

(Transportation Security Administration) shall not take any action to allow butane lighters into airport sterile areas 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 2473. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Casey) 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 appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $2 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 owes no past due Federal tax liability or that the contractor or grantee has entered into an installment agreement or other plan approved by the Internal Revenue Service to repay any outstanding past due Federal tax liability. 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 2474. Mrs. CLINTON (for herself, Mr. Kennedy, Mr. Schumer, Mr. Lautenberg, Mr. Akaka, Mr. Lieberman, Mr. Kerry, Ms. Collins, Ms. Mikulski, Mr. Cardin, and Mr. Menendez) 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 17, line 6, before the period, insert the following: ``: Provided further, the Secretary of Homeland Security shall ensure that the workforce of the Federal Protective Service includes not fewer than 1,200 Commanders, Police Officers, Inspectors, and Special Agents engaged on a daily basis in protecting Federal buildings (under this heading referred to as `in-service'): Provided further, That the Secretary of Homeland Security and the Director of the Office of Management and Budget shall adjust fees as necessary to ensure full funding of not fewer than 1,200 in-service Commanders, Police Officers, Inspectors, and Special Agents at the Federal Protective Service''.

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SA 2475. Mr. STEVENS 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 7, line 7, insert after ``operations;'' the following: ``of which $20,000,000 shall be utilized to develop and implement a Model Ports of Entry program at the 20 United States international airports that have the highest number of foreign visitors arriving annually as determined pursuant to the most recent data collected by the United States Customs and Border Protection available on the date of enactment of this Act, to provide a more efficient and welcoming international arrival process in order to facilitate and promote business and leisure travel to the United States, while also improving security;''

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SA 2476. Mr. COCHRAN (for Mr. Grassley) 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. CHEMICAL FACILITY ANTITERRORISM STANDARDS.

(a) In General.--Except as provided in subsection (b), none of the funds in this Act may be used to enforce the interim final regulations relating to stored quantities of propane issued under section 550(a) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note), including the regulations relating to stored quantities of propane in an amount more than 7,500 pounds under Appendix A to part 27 of title 6, Code of Federal Regulations, until the Secretary of Homeland Security amends such regulations to provide an exemption for agricultural producers, rural homesteads, and small business concerns (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)) that store propane in an amount more than 7,500 pounds and not more than 100,800 pounds.

(b) Exceptions.--

(1) Immediate or imminent threat.--Subsection (a) shall not apply if the Secretary of Homeland Security submits a report to Congress outlining an immediate or imminent threat against such stored quantities of propane in rural locations.

(2) Quantity.--Subsection (a) shall not apply to any action by the Secretary of Homeland Security to enforce the interim final regulations described in that subsection relating to stored quantities of propane, if the stored quantity of propane is more than 100,800 pounds.

(c) Rule of Construction.--Except with respect to stored quantities of propane, nothing in this section may be construed to limit the application of the interim final regulations issued under section 550(a) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note).

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SOURCE: Congressional Record Vol. 153, No. 120