S2292 CONGRESSIONAL RECORD — SENATE February 28, 2007 As this debate unfolds, it is my hope chance of success than the course we quickly and effectively achieve the vic- we will have the opportunity to bring are now taking. Therefore, this strat- tory that all of us desire. It is not the Gregg amendment to the floor and egy deserves a chance. about political posturing. It is about vote to send a clear message to our In talking with some of my col- what Congress can do to support our men and women in harm’s way that we leagues, on the Republican side as well young men and women in Iraq and help support them, the funding will be as the Democratic side, who recently them accomplish this critical mission. there, and we will stay with them as returned from Iraq, I am very hopeful Losing the global war on terrorism is they pursue the cause on behalf of that based on the comments they have not an option. Failure in Iraq would be peace, liberty, freedom, and democracy made, per their visual inspection of devastating to our national security, in Iraq, Afghanistan, and around the what is going on in Iraq today, based entangling the Middle East in a web of world. upon their conversations with General chaos that breeds terror and extre- I yield the floor and suggest the ab- Petraeus, we are seeing some successes, mism. The Iraq Study Group and sence of a quorum. even though they are minimal at this countless expert witnesses have testi- The ACTING PRESIDENT pro tem- point. But there is now hope and en- fied that simply leaving Iraq, without pore. The clerk will call the roll. couragement that this strategy is stabilizing the country, would be disas- The assistant legislative clerk pro- going to work. trous. ceeded to call the roll. If Members of Congress truly don’t As the senior Senator from my State, Mr. CHAMBLISS. Mr. President, I support our efforts in Iraq and believe my support of our mission and our ask unanimous consent that the order we should withdraw troops, they should troops includes a responsibility to ex- for the quorum call be rescinded. vote to cut off funds for the war, which amine the tactics and question the The ACTING PRESIDENT pro tem- is the primary authority Congress has steps that we take to reach our goal. I pore. Without objection, it is so or- in this area. However, having refused will continue to do that in a very delib- dered. to allow the Senate to vote on pro- erate way, but I intend to be construc- Mr. CHAMBLISS. Mr. President, I re- tecting funding for our troops serving tive in my approach and criticism in cently came to the Senate floor to ex- in harm’s way, the Democrats are now order to do everything we can to en- press my views relative to the delibera- proposing another symbolic resolution. sure that our troops and our mission This is the fourth resolution that the tions this body was undertaking ap- succeed, rather than doing whatever I Senate Democratic leadership has proving and disapproving of the Presi- can to make sure they fail. backed to address the troop increase, dent’s way forward in Iraq. I am When this motion to deauthorize or strongly in favor of this body debating and the Democrats still insist on avoid- ing the fundamental issue of whether micromanage the war in Iraq comes to the U.S. policy relative to Iraq and be- the floor of the Senate, I urge my col- lieve all my colleagues are as well. they will cut off funds for troops serv- ing in Iraq. leagues to oppose it. However, as I stated in my earlier I yield the floor. Mr. President, I sug- speech, it is not appropriate to allow As the Wall Street Journal wrote in an editorial: gest the absence of a quorum. the majority party to completely dic- The PRESIDING OFFICER (Mr. tate the terms of that debate, as they Democrats don’t want to leave their fin- gerprints on defeat in Iraq by actually vot- WHITEHOUSE). The clerk will call the have tried to do over the last several ing to bring the troops home. So instead, roll. weeks. That is why I voted against clo- they’re hoping to put restrictions on troop The assistant legislative clerk pro- ture on the motion to proceed to the deployments that will make it impossible for ceeded to call the roll. Reid resolution on February 17, along the Iraq commander, General David Mr. LIEBERMAN. Mr. President, I with a vast majority of my Republican Petraeus, to fulfill his mission. ask unanimous consent that the order colleagues. This is essentially an attempt to en- for the quorum call be rescinded. Mr. President, since that time, a new sure the policy does not succeed. Logi- The PRESIDING OFFICER. Without strategy relative to this debate has cally, the Senate should be giving Gen- objection, it is so ordered. come forward. The strategy is essen- eral Petraeus everything he needs to tially an attempt to deauthorize or re- succeed, both in terms of financial as f strict U.S. military action in Iraq by well as political support. But that is CONCLUSION OF MORNING revoking or altering the Iraq war reso- not what the majority party is trying BUSINESS lution, which passed this body by a to do. vote of 77 to 23 on October 11, 2002. I Democrats in the House of Rep- The PRESIDING OFFICER. Morning don’t agree with this tactic. resentatives have undertaken a plan business is closed. On January 26, the Senate unani- that would tie war funding in a supple- f mously approved GEN David Petraeus mental spending bill to strict new for his fourth star and to be com- standards for resetting, equipping, and IMPROVING AMERICA’S SECURITY mander of the multinational forces, training troops. This strategy to choke ACT OF 2007 Iraq. No Senator opposed his nomina- off resources and the Senate plan to re- The PRESIDING OFFICER. Under tion. General Petraeus supports Presi- vise the use of force authorization are the previous order, the Senate will now dent Bush’s plan and new strategy in attempts to make the war in Iraq proceed to the consideration of S. 4, Iraq and has embarked on the mission unwinnable while avoiding political re- which the clerk will report. for which President Bush chose him sponsibility. The assistant legislative clerk read and for which this body unanimously As Charles Krauthammer has said: as follows: Slowly bleeding our forces by defunding confirmed him. Once again, now we are A bill (S. 4) to make the United States what our commanders think they need to being asked to disapprove and de- more secure by implementing unfinished rec- win or rewording the authorization of the authorize the very mission we have ommendations of the 9/11 Commission to use of force so that lawyers decide what op- fight the war on terror more effectively, to unanimously confirmed him to exe- erations are to be launched is no way to improve homeland security, and for other cute. Hopefully, my colleagues can see fight a war. It is no way to end a war. It is purposes. the irony, as well as the inconsistency, a way to complicate the war and make it in- in the choice they are presenting be- herently unwinnable—and to shirk the polit- The Senate proceeded to consider the fore this body. ical responsibility for doing so. bill which had been reported from the As I have said before, we need to give There is nothing easy or pretty about Committee on Homeland Security and the new strategy in Iraq a chance to war, and this war is no exception. Not Governmental Affairs, with an amend- work. If General Petraeus comes and a day passes that I don’t consider the ment to strike all after the enacting says it is not working, then I am pre- human cost of our attempt to defeat clause and insert in lieu thereof the pared to change course. President the terrorists and eradicate extremism following: Bush’s current strategy is not guaran- in Iraq and replace it with a self-reli- S. 4 teed to work. However, no approach I ant and representative government. Be it enacted by the Senate and House of Rep- have seen or heard discussed in the The debate, as we move forward, resentatives of the United States of America in past several months has any greater should focus on how we can most Congress assembled,

VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.008 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2293 øSECTION 1. SHORT TITLE. TITLE VI—ENHANCED DEFENSES AGAINST in accordance with this section to provide warn- øThis Act may be cited as the ‘‘Improving WEAPONS OF MASS DESTRUCTION ings regarding the risk of terrorist attacks on America’s Security by Implementing Unfin- Sec. 601. National Biosurveillance Integration the homeland to Federal, State, local, and tribal ished Recommendations of the 9/11 Commis- Center. government authorities and to the people of the sion Act of 2007’’. Sec. 602. Biosurveillance efforts. United States, as appropriate. The Secretary øSEC. 2. SENSE OF CONGRESS. Sec. 603. Interagency coordination to enhance shall exercise primary responsibility for pro- øIt is the sense of Congress that Congress defenses against nuclear and ra- viding such warnings. should enact, and the President should sign, diological weapons of mass de- ‘‘(b) REQUIRED ELEMENTS.—In administering legislation to make the United States more struction. the Homeland Security Advisory System, the secure by implementing unfinished rec- TITLE VII—PRIVATE SECTOR Secretary shall— ommendations of the 9/11 Commission to PREPAREDNESS ‘‘(1) establish criteria for the issuance and fight the war on terror more effectively and Sec. 701. Definitions. revocation of such warnings; ¿ to improve homeland security. Sec. 702. Responsibilities of the private sector ‘‘(2) develop a methodology, relying on the SECTION 1. SHORT TITLE. office of the Department. criteria established under paragraph (1), for the This Act may be cited as the ‘‘Improving Sec. 703. Voluntary national preparedness issuance and revocation of such warnings; America’s Security Act of 2007’’. standards compliance; accredita- ‘‘(3) provide, in each such warning, specific SEC. 2. DEFINITIONS. tion and certification program for information and advice regarding appropriate In this Act: the private sector. protective measures and countermeasures that (1) DEPARTMENT.—The term ‘‘Department’’ Sec. 704. Sense of Congress regarding promoting may be taken in response to that risk, at the means the Department of Homeland Security. an international standard for pri- maximum level of detail practicable to enable in- (2) SECRETARY.—The term ‘‘Secretary’’ means vate sector preparedness. dividuals, government entities, emergency re- the Secretary of Homeland Security. Sec. 705. Report to Congress. sponse providers, and the private sector to act Sec. 706. Rule of construction. SEC. 3. TABLE OF CONTENTS. appropriately; and The table of contents for this Act is as follows: TITLE VIII—TRANSPORTATION SECURITY ‘‘(4) whenever possible, limit the scope of each Sec. 1. Short title. PLANNING AND INFORMATION SHARING such warning to a specific region, locality, or Sec. 2. Definitions. Sec. 801. Transportation security strategic plan- economic sector believed to be at risk. Sec. 3. Table of contents. ning. Sec. 802. Transportation security information ‘‘SEC. 204. HOMELAND SECURITY INFORMATION TITLE I—IMPROVING INTELLIGENCE AND SHARING. INFORMATION SHARING WITHIN THE sharing. Sec. 803. Transportation Security Administra- ‘‘(a) INFORMATION SHARING.—Consistent with FEDERAL GOVERNMENT AND WITH section 1016 of the Intelligence Reform and Ter- STATE, LOCAL, AND TRIBAL GOVERN- tion personnel management. TITLE IX—INCIDENT COMMAND SYSTEM rorism Prevention Act of 2004 (6 U.S.C. 485), the MENTS Secretary shall integrate and standardize the Subtitle A—Homeland Security Information Sec. 901. Preidentifying and evaluating multi- information of the intelligence components of Sharing Enhancement jurisdictional facilities to the Department, except for any internal proto- strengthen incident command; pri- Sec. 111. Homeland Security Advisory System cols of such intelligence components, to be ad- vate sector preparedness. and information sharing. ministered by the Chief Intelligence Officer. Sec. 902. Credentialing and typing to strength- Sec. 112. Information sharing. en incident command. ‘‘(b) INFORMATION SHARING AND KNOWLEDGE Sec. 113. Intelligence training development for MANAGEMENT OFFICERS.—For each intelligence TITLE X—CRITICAL INFRASTRUCTURE State and local government offi- component of the Department, the Secretary PROTECTION cials. shall designate an information sharing and Sec. 114. Information sharing incentives. Sec. 1001. Critical infrastructure protection. knowledge management officer who shall report Subtitle B—Homeland Security Information Sec. 1002. Risk assessment and report. to the Chief Intelligence Officer regarding co- Sharing Partnerships Sec. 1003. Use of existing capabilities. ordinating the different systems used in the De- Sec. 121. State, Local, and Regional Fusion TITLE XI—CONGRESSIONAL OVERSIGHT partment to gather and disseminate homeland Center Initiative. OF INTELLIGENCE security information. Sec. 122. Homeland Security Information Shar- Sec. 1101. Availability to public of certain intel- ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR ing Fellows Program. ligence funding information. SOURCES OF INFORMATION.— Sec. 1102. Response of intelligence community Subtitle C—Interagency Threat Assessment and ‘‘(1) ESTABLISHMENT OF BUSINESS PROC- to requests from Congress. Coordination Group ESSES.—The Chief Intelligence Officer shall— Sec. 1103. Public Interest Declassification Sec. 131. Interagency Threat Assessment and Board. ‘‘(A) establish Department-wide procedures Coordination Group. for the review and analysis of information gath- TITLE XII—INTERNATIONAL COOPERA- TITLE II—HOMELAND SECURITY GRANTS ered from sources in State, local, and tribal gov- TION ON ANTITERRORISM TECH- ernment and the private sector; Sec. 201. Short title. NOLOGIES Sec. 202. Homeland Security Grant Program. ‘‘(B) as appropriate, integrate such informa- Sec. 1201. Promoting antiterrorism capabilities tion into the information gathered by the De- Sec. 203. Technical and conforming amend- through international coopera- ments. partment and other departments and agencies of tion. the Federal Government; and TITLE III—COMMUNICATIONS Sec. 1202. Transparency of funds. OPERABILITY AND INTEROPERABILITY ‘‘(C) make available such information, as ap- TITLE XIII—MISCELLANEOUS PROVISIONS propriate, within the Department and to other Sec. 301. Dedicated funding to achieve emer- Sec. 1301. Deputy Secretary of Homeland Sec- departments and agencies of the Federal Gov- gency communications operability retary for Management. ernment. and interoperable communica- Sec. 1302. Sense of the Senate regarding com- ‘‘(2) FEEDBACK.—The Secretary shall develop tions. bating domestic radicalization. mechanisms to provide feedback regarding the Sec. 302. Border Interoperability Demonstration Sec. 1303. Sense of the Senate regarding over- analysis and utility of information provided by Project. sight of homeland security. any entity of State, local, or tribal government Sec. 1304. Report regarding border security. TITLE IV—ENHANCING SECURITY OF or the private sector that gathers information INTERNATIONAL TRAVEL TITLE I—IMPROVING INTELLIGENCE AND and provides such information to the Depart- Sec. 401. Modernization of the visa waiver pro- INFORMATION SHARING WITHIN THE ment. FEDERAL GOVERNMENT AND WITH gram. ‘‘(d) TRAINING AND EVALUATION OF EMPLOY- STATE, LOCAL, AND TRIBAL GOVERN- Sec. 402. Strengthening the capabilities of the EES.— Human Smuggling and Traf- MENTS ‘‘(1) TRAINING.—The Chief Intelligence Officer ficking Center. Subtitle A—Homeland Security Information shall provide to employees of the Department Sec. 403. Enhancements to the Terrorist Travel Sharing Enhancement opportunities for training and education to de- Program. SEC. 111. HOMELAND SECURITY ADVISORY SYS- velop an understanding of— Sec. 404. Enhanced driver’s license. TEM AND INFORMATION SHARING. Sec. 405. Western Hemisphere Travel Initiative. ‘‘(A) the definition of homeland security in- (a) ADVISORY SYSTEM AND INFORMATION formation; and TITLE V—PRIVACY AND CIVIL LIBERTIES SHARING.— ‘‘(B) how information available to such em- MATTERS (1) IN GENERAL.—Subtitle A of title II of the ployees as part of their duties— Sec. 501. Modification of authorities relating to Homeland Security Act of 2002 (6 U.S.C. 121 et Privacy and Civil Liberties Over- seq.) is amended by adding at the end the fol- ‘‘(i) might qualify as homeland security infor- sight Board. lowing: mation; and Sec. 502. Privacy and civil liberties officers. ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYS- ‘‘(ii) might be relevant to the intelligence com- Sec. 503. Department Privacy Officer. TEM. ponents of the Department. Sec. 504. Federal Agency Data Mining Report- ‘‘(a) REQUIREMENT.—The Secretary shall ad- ‘‘(2) EVALUATIONS.—The Chief Intelligence ing Act of 2007. minister the Homeland Security Advisory System Officer shall—

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.005 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2294 CONGRESSIONAL RECORD — SENATE February 28, 2007 ‘‘(A) on an ongoing basis, evaluate how em- and procedures governing the sharing of intel- (3) in subsection (f)— ployees of the Office of Intelligence and Anal- ligence information, intelligence-related infor- (A) in paragraph (1)— ysis and the intelligence components of the De- mation, and other information relating to home- (i) by striking ‘‘during the two-year period be- partment are utilizing homeland security infor- land security within the Federal Government ginning on the date of designation under this mation, sharing information within the Depart- and among the Federal Government and State, paragraph unless sooner’’ and inserting ment, as described in this subtitle, and partici- local, and tribal government agencies and au- ‘‘until’’; and pating in the information sharing environment thorities, consistent with the information shar- (ii) by striking ‘‘The program manager shall established under section 1016 of the Intelligence ing environment established under section 1016 have and exercise governmentwide authority.’’ Reform and Terrorism Prevention Act of 2004 (6 of the Intelligence Reform and Terrorism Pre- and inserting ‘‘Except as otherwise expressly U.S.C. 485); and vention Act of 2004 (6 U.S.C. 485) and any poli- provided by law, the program manager, in con- ‘‘(B) provide a report regarding any evalua- cies, guidelines, procedures, instructions or sultation with the head of any affected depart- tion under subparagraph (A) to the appropriate standards established by the President or, as ap- ment or agency, shall have and exercise govern- component heads. propriate, the program manager for the imple- mentwide authority over the sharing of informa- ‘‘SEC. 205. COORDINATION WITH INFORMATION mentation and management of that environ- tion within the scope of the information sharing SHARING ENVIRONMENT. ment.’’. environment by all Federal departments, agen- ‘‘All activities to comply with sections 203 and SEC. 112. INFORMATION SHARING. cies, and components, irrespective of the Federal 204 shall be— Section 1016 of the Intelligence Reform and department, agency, or component in which the ‘‘(1) implemented in coordination with the Terrorist Prevention Act of 2004 (6 U.S.C. 485) is program manager may be administratively lo- program manager for the information sharing amended— cated.’’; and environment established under section 1016 of (1) in subsection (a)— (B) in paragraph (2)(A)— the Intelligence Reform and Terrorism Preven- (A) by redesignating paragraphs (1) through (i) by redesignating clause (iii) as clause (v); tion Act of 2004 (6 U.S.C. 485); and (4) as paragraphs (2) through (5), respectively; and ‘‘(2) consistent with and support the establish- (B) by inserting before paragraph (2), as so re- (ii) by striking clause (ii) and inserting the ment of that environment, and any policies, designated, the following: following: guidelines, procedures, instructions, or stand- ‘‘(1) HOMELAND SECURITY INFORMATION.—The ‘‘(ii) assist in the development of policies, as ards established by the President or, as appro- term ‘homeland security information’ has the appropriate, to foster the development and prop- priate, the program manager for the implemen- meaning given that term in section 892 of the er operation of the ISE; tation and management of that environment.’’. Homeland Security Act of 2002 (6 U.S.C. 482).’’; ‘‘(iii) issue governmentwide procedures, guide- (2) TECHNICAL AND CONFORMING AMEND- (C) in paragraph (5), as so redesignated— lines, instructions, and functional standards, as MENTS.— (i) by redesignating subparagraphs (A) appropriate, for the management, development, (A) IN GENERAL.—Section 201(d) of the Home- through (D) as clauses (i) through (iv), respec- and proper operation of the ISE; land Security Act of 2002 (6 U.S.C. 121(d)) is tively, and adjusting the margin accordingly; ‘‘(iv) identify and resolve information sharing amended— (ii) by striking ‘‘ ‘terrorism information’ disputes between Federal departments, agencies, (i) by striking paragraph (7); and means’’ and inserting the following: ‘‘ ‘terrorism and components; and’’; (ii) by redesignating paragraphs (8) through information’— (4) in subsection (g)— (19) as paragraphs (7) through (18), respectively. ‘‘(A) means’’; (A) in paragraph (1), by striking ‘‘during the (B) TABLE OF CONTENTS.—The table of con- (iii) in subparagraph (A)(iv), as so redesig- two-year period beginning on the date of the tents in section 1(b) of the Homeland Security nated, by striking the period at the end and in- initial designation of the program manager by Act of 2002 (6 U.S.C. 101 et seq.) is amended by serting ‘‘; and’’; and the President under subsection (f)(1), unless inserting after the item relating to section 202 (iv) by adding at the end the following: sooner’’ and inserting ‘‘until’’; the following: ‘‘(B) includes homeland security information (B) in paragraph (2)— and weapons of mass destruction information.’’; (i) in subparagraph (F), by striking ‘‘and’’ at ‘‘Sec. 203. Homeland Security Advisory System. and the end; ‘‘Sec. 204. Homeland Security Information (D) by adding at the end the following: (ii) by redesignating subparagraph (G) as sub- Sharing. ‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMA- paragraph (I); and ‘‘Sec. 205. Coordination with information shar- TION.—The term ‘weapons of mass destruction (iii) by inserting after subparagraph (F) the ing environment.’’. information’ means information that could rea- following: (b) INTELLIGENCE COMPONENT DEFINED.— sonably be expected to assist in the development, ‘‘(G) assist the program manager in identi- (1) IN GENERAL.—Section 2 of the Homeland proliferation, or use of a weapon of mass de- fying and resolving information sharing dis- Security Act of 2002 (6 U.S.C. 101) is amended— struction (including chemical, biological, radio- putes between Federal departments, agencies, (A) by redesignating paragraphs (9) through logical, and nuclear weapons) that could be and components; (16) as paragraphs (10) through (17), respec- used by a terrorist or a terrorist organization ‘‘(H) identify appropriate personnel for as- tively; and against the United States, including information signment to the program manager to support (B) by inserting after paragraph (8) the fol- about the location of any stockpile of nuclear staffing needs identified by the program man- lowing: materials that could be exploited for use in such ager; and’’; ‘‘(9) The term ‘intelligence component of the a weapon that could be used by a terrorist or a (C) in paragraph (4), by inserting ‘‘(including Department’ means any directorate, agency, or terrorist organization against the United any subsidiary group of the Information Shar- other element or entity of the Department that States.’’; ing Council)’’ before ‘‘shall not be subject’’; and gathers, receives, analyzes, produces, or dissemi- (2) in subsection (b)(2)— (D) by adding at the end the following: nates homeland security information.’’. (A) in subparagraph (H), by striking ‘‘and’’ at ‘‘(5) DETAILEES.—Upon a request by the Di- (2) TECHNICAL AND CONFORMING AMEND- the end; rector of National Intelligence, the departments MENTS.— (B) in subparagraph (I), by striking the period and agencies represented on the Information (A) HOMELAND SECURITY ACT OF 2002.—Section at the end and inserting a semicolon; and Sharing Council shall detail to the program 501(11) of the Homeland Security Act of 2002 (6 (C) by adding at the end the following: manager, on a reimbursable basis, appropriate U.S.C. 311(11)) is amended by striking ‘‘section ‘‘(J) integrates the information within the personnel identified under paragraph (2)(H).’’; 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’. scope of the information sharing environment, (5) in subsection (h)(1), by striking ‘‘and an- (B) OTHER LAW.—Section 712(a) of title 14, including any such information in legacy tech- nually thereafter’’ and inserting ‘‘and not later United States Code, is amended by striking ‘‘sec- nologies; than June 30 of each year thereafter’’; and tion 2(15) of the Homeland Security Act of 2002 ‘‘(K) integrates technologies, including all leg- (6) by striking subsection (j) and inserting the (6 U.S.C. 101(15))’’ and inserting ‘‘section 2(16) acy technologies, through Internet-based serv- following: of the Homeland Security Act of 2002 (6 U.S.C. ices; ‘‘(j) REPORT ON THE INFORMATION SHARING 101(16))’’. ‘‘(L) allows the full range of analytic and ENVIRONMENT.— (c) RESPONSIBILITIES OF THE UNDER SEC- operational activities without the need to cen- ‘‘(1) IN GENERAL.—Not later than 180 days RETARY FOR INFORMATION ANALYSIS AND INFRA- tralize information within the scope of the infor- after the date of enactment of the Improving STRUCTURE PROTECTION.—Section 201(d) of the mation sharing environment; America’s Security Act of 2007, the President Homeland Security Act of 2002 (6 U.S.C. 121(d)) ‘‘(M) permits analysts to collaborate both shall report to the Committee on Homeland Se- is amended— independently and in a group (commonly curity and Governmental Affairs of the Senate, (1) in paragraph (1), by inserting ‘‘, in sup- known as ‘collective and noncollective collabo- the Select Committee on Intelligence of the Sen- port of the mission responsibilities of the De- ration’), and across multiple levels of national ate, the Committee on Homeland Security of the partment and consistent with the functions of security information and controlled unclassified House of Representatives, and the Permanent the National Counterterrorism Center estab- information; Select Committee on Intelligence of the House of lished under section 119 of the National Security ‘‘(N) provides a resolution process that en- Representatives on the feasibility of— Act of 1947 (50 U.S.C. 50 U.S.C. 404o),’’ after ables changes by authorized officials regarding ‘‘(A) eliminating the use of any marking or ‘‘and to integrate such information’’; and rules and policies for the access, use, and reten- process (including ‘Originator Control’) in- (2) by striking paragraph (7), as redesignated tion of information within the scope of the in- tended to, or having the effect of, restricting the by subsection (a)(2)(A) of this section, and in- formation sharing environment; and sharing of information within the scope of the serting the following: ‘‘(O) incorporates continuous, real-time, and information sharing environment between and ‘‘(7) To review, analyze, and make rec- immutable audit capabilities, to the maximum among participants in the information sharing ommendations for improvements in the policies extent practicable.’’; environment, unless the President has—

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.005 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2295 ‘‘(i) specifically exempted categories of infor- Intelligence, the Administrator of the Federal formation sharing environment established mation from such elimination; and Emergency Management Agency, and other ap- under section 1016 of the Intelligence Reform ‘‘(ii) reported that exemption to the commit- propriate parties, such as private industry, in- and Terrorist Prevention Act of 2004 (6 U.S.C. tees of Congress described in the matter pre- stitutions of higher education, nonprofit institu- 485), the Attorney General, the Privacy Officer ceding this subparagraph; and tions, and other intelligence agencies of the of the Department, the Officer for Civil Rights ‘‘(B) continuing to use Federal agency stand- Federal Government. and Civil Liberties of the Department, and the ards in effect on such date of enactment for the (d) AUTHORIZATION OF APPROPRIATIONS.— Privacy and Civil Liberties Oversight Board es- collection, sharing, and access to information There are authorized to be appropriated such tablished under section 1061 of the Intelligence within the scope of the information sharing en- sums as are necessary to carry out this section. Reform and Terrorist Prevention Act of 2004 (5 vironment relating to citizens and lawful perma- SEC. 114. INFORMATION SHARING INCENTIVES. U.S.C. 601 note), shall establish a State, Local, nent residents; (a) AWARDS.—In making cash awards under and Regional Fusion Center Initiative to estab- ‘‘(C) replacing the standards described in sub- chapter 45 of title 5, United States Code, the lish partnerships with State, local, and regional paragraph (B) with a standard that would President or the head of an agency, in consulta- fusion centers. allow mission-based or threat-based permission tion with the program manager designated ‘‘(c) DEPARTMENT SUPPORT AND COORDINA- to access or share information within the scope under section 1016 of the Intelligence Reform TION.—Through the State, Local, and Regional of the information sharing environment for a and Terrorist Prevention Act of 2004 (6 U.S.C. Fusion Center Initiative, the Secretary shall— particular purpose that the Federal Govern- 485), may consider the success of an employee in ‘‘(1) coordinate with the principal officer of ment, through an appropriate process, has de- sharing information within the scope of the in- each State, local, or regional fusion center and termined to be lawfully permissible for a par- formation sharing environment established the officer designated as the Homeland Security ticular agency, component, or employee (com- under that section in a manner consistent with Advisor of the State; monly known as an ‘authorized use’ standard); any policies, guidelines, procedures, instruc- ‘‘(2) provide operational and intelligence ad- and tions, or standards established by the President vice and assistance to State, local, and regional ‘‘(D) the use of anonymized data by Federal or, as appropriate, the program manager of that fusion centers; departments, agencies, or components collecting, environment for the implementation and man- ‘‘(3) support efforts to include State, local, possessing, disseminating, or handling informa- agement of that environment. and regional fusion centers into efforts to estab- tion within the scope of the information sharing (b) OTHER INCENTIVES.—The head of each de- lish an information sharing environment; environment, in any cases in which— partment or agency described in section 1016(i) ‘‘(4) conduct exercises, including live training ‘‘(i) the use of such information is reasonably of the Intelligence Reform and Terrorist Preven- exercises, to regularly assess the capability of expected to produce results materially equiva- tion Act of 2004 (6 U.S.C. 485(i)), in consultation individual and regional networks of State, local, lent to the use of information that is transferred with the program manager designated under and regional fusion centers to integrate the ef- or stored in a non-anonymized form; and section 1016 of the Intelligence Reform and Ter- forts of such networks with the efforts of the ‘‘(ii) such use is consistent with any mission rorist Prevention Act of 2004 (6 U.S.C. 485), shall Department; of that department, agency, or component (in- adopt best practices regarding effective ways to ‘‘(5) coordinate with other relevant Federal cluding any mission under a Federal statute or educate and motivate officers and employees of entities engaged in homeland security-related directive of the President) that involves the stor- the Federal Government to engage in the infor- activities; age, retention, sharing, or exchange of person- mation sharing environment, including— ‘‘(6) provide analytic and reporting advice ally identifiable information. (1) promotions and other nonmonetary and assistance to State, local, and regional fu- ‘‘(2) DEFINITION.—In this subsection, the term awards; and sion centers; ‘anonymized data’ means data in which the in- (2) publicizing information sharing accom- ‘‘(7) review homeland security information dividual to whom the data pertains is not iden- plishments by individual employees and, where gathered by State, local, and regional fusion tifiable with reasonable efforts, including infor- appropriate, the tangible end benefits that re- centers and incorporate relevant information mation that has been encrypted or hidden sulted. with homeland security information of the De- partment; through the use of other technology. Subtitle B—Homeland Security Information ‘‘(8) provide management assistance to State, ‘‘(k) ADDITIONAL POSITIONS.—The program Sharing Partnerships manager is authorized to hire not more than 40 local, and regional fusion centers; SEC. 121. STATE, LOCAL, AND REGIONAL FUSION ‘‘(9) serve as a point of contact to ensure the full-time employees to assist the program man- CENTER INITIATIVE. ager in— dissemination of relevant homeland security in- (a) IN GENERAL.—Subtitle A of title II of the formation; ‘‘(1) identifying and resolving information Homeland Security Act of 2002 (6 U.S.C. 121 et sharing disputes between Federal departments, ‘‘(10) facilitate close communication and co- seq.), as amended by this Act, is amended by ordination between State, local, and regional agencies, and components under subsection adding at the end the following: (f)(2)(A)(iv); and fusion centers and the Department; ‘‘SEC. 206. STATE, LOCAL, AND REGIONAL FUSION ‘‘(2) other activities associated with the imple- ‘‘(11) provide State, local, and regional fusion CENTER INITIATIVE. centers with expertise on Department resources mentation of the information sharing environ- ‘‘(a) DEFINITIONS.—In this section— ment, including— and operations; ‘‘(1) the term ‘Chief Intelligence Officer’ ‘‘(12) provide training to State, local, and re- ‘‘(A) implementing the requirements under means the Chief Intelligence Officer of the De- subsection (b)(2); and gional fusion centers and encourage such fusion partment; centers to participate in terrorist threat-related ‘‘(B) any additional implementation initia- ‘‘(2) the term ‘fusion center’ means a collabo- exercises conducted by the Department; and tives to enhance and expedite the creation of the rative effort of 2 or more Federal, State, local, or information sharing environment. ‘‘(13) carry out such other duties as the Sec- tribal government agencies that combines re- retary determines are appropriate. ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— sources, expertise, or information with the goal There is authorized to be appropriated to carry ‘‘(d) PERSONNEL ASSIGNMENT.— of maximizing the ability of such agencies to de- ‘‘(1) IN GENERAL.—The Chief Intelligence Offi- out this section $30,000,000 for each of fiscal tect, prevent, investigate, apprehend, and re- cer may, to the maximum extent practicable, as- years 2008 and 2009.’’. spond to criminal or terrorist activity; sign officers and intelligence analysts from com- SEC. 113. INTELLIGENCE TRAINING DEVELOP- ‘‘(3) the term ‘information sharing environ- ponents of the Department to State, local, and MENT FOR STATE AND LOCAL GOV- ment’ means the information sharing environ- ERNMENT OFFICIALS. regional fusion centers. ment established under section 1016 of the Intel- ‘‘(2) PERSONNEL SOURCES.—Officers and intel- (a) CURRICULUM.—The Secretary, acting ligence Reform and Terrorism Prevention Act of ligence analysts assigned to fusion centers through the Chief Intelligence Officer, shall de- 2004 (6 U.S.C. 485); under this subsection may be assigned from the velop curriculum for the training of State, local, ‘‘(4) the term ‘intelligence analyst’ means an following Department components, in consulta- and tribal government officials relating to the individual who regularly advises, administers, tion with the respective component head: handling, review, and development of intel- supervises, or performs work in the collection, ‘‘(A) Office of Intelligence and Analysis, or its ligence material. analysis, evaluation, reporting, production, or successor. (b) TRAINING.—To the extent possible, the dissemination of information on political, eco- ‘‘(B) Office of Infrastructure Protection. Federal Law Enforcement Training Center and nomic, social, cultural, physical, geographical, ‘‘(C) Transportation Security Administration. other existing Federal entities with the capacity scientific, or military conditions, trends, or ‘‘(D) United States Customs and Border Pro- and expertise to train State, local, and tribal forces in foreign or domestic areas that directly tection. government officials based on the curriculum or indirectly affect national security; ‘‘(E) United States Immigration and Customs developed under subsection (a) shall be used to ‘‘(5) the term ‘intelligence-led policing’ means Enforcement. carry out the training programs created under the collection and analysis of information to ‘‘(F) United States Coast Guard. this section. If such entities do not have the ca- produce an intelligence end product designed to ‘‘(G) Other intelligence components of the De- pacity, resources, or capabilities to conduct such inform law enforcement decision making at the partment, as determined by the Secretary. training, the Secretary may approve another en- tactical and strategic levels; and ‘‘(3) PARTICIPATION.— tity to conduct the training. ‘‘(6) the term ‘terrorism information’ has the ‘‘(A) IN GENERAL.—The Secretary may develop (c) CONSULTATION.—In carrying out the duties meaning given that term in section 1016 of the qualifying criteria for a fusion center to partici- described in subsection (a), the Chief Intel- Intelligence Reform and Terrorist Prevention pate in the assigning of Department officers or ligence Officer shall consult with the Director of Act of 2004 (6 U.S.C. 485). intelligence analysts under this section. the Federal Law Enforcement Training Center, ‘‘(b) ESTABLISHMENT.—The Secretary, in con- ‘‘(B) CRITERIA.—Any criteria developed under the Attorney General, the Director of National sultation with the program manager of the in- subparagraph (A) may include—

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.005 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2296 CONGRESSIONAL RECORD — SENATE February 28, 2007 ‘‘(i) whether the fusion center, through its ‘‘(3) create intelligence and other information appropriated $10,000,000 for each of fiscal years mission and governance structure, focuses on a products derived from such information and 2008 through 2012, to carry out this section, in- broad counterterrorism approach, and whether other homeland security-relevant information cluding for hiring officers and intelligence ana- that broad approach is pervasive through all provided by the Department; lysts to replace officers and intelligence analysts levels of the organization; ‘‘(4) assist in the dissemination of such prod- who are assigned to fusion centers under this ‘‘(ii) whether the fusion center has sufficient ucts, under the coordination of the Chief Intel- section.’’. numbers of adequately trained personnel to sup- ligence Officer, to law enforcement agencies and (b) TECHNICAL AND CONFORMING AMEND- port a broad counterterrorism mission; other emergency response providers of State, MENT.—The table of contents in section 1(b) of ‘‘(iii) whether the fusion center has— local, and tribal government; and the Homeland Security Act of 2002 (6 U.S.C. 101 ‘‘(I) access to relevant law enforcement, emer- ‘‘(5) assist in the dissemination of such prod- et seq.) is amended by inserting after the item gency response, private sector, open source, and ucts to the Chief Intelligence Officer for collec- relating to section 205, as added by this Act, the national security data; and tion and dissemination to other fusion centers. following: ‘‘(II) the ability to share and analytically ex- ‘‘(f) DATABASE ACCESS.—In order to fulfill the ‘‘Sec. 206. State, Local, and Regional Informa- ploit that data for authorized purposes; objectives described under subsection (e), each tion Fusion Center Initiative.’’. ‘‘(iv) whether the fusion center is adequately officer or intelligence analyst assigned to a fu- (c) REPORTS.— funded by the State, local, or regional govern- sion center under this section shall have direct (1) CONCEPT OF OPERATIONS.—Not later than ment to support its counterterrorism mission; access to all relevant Federal databases and in- 90 days after the date of enactment of this Act and formation systems, consistent with any policies, and before the State, Local, and Regional Fu- ‘‘(v) the relevancy of the mission of the fusion guidelines, procedures, instructions, or stand- sion Center Initiative under section 206 of the center to the particular source component of De- ards established by the President or, as appro- Homeland Security Act of 2002, as added by sub- partment officers or intelligence analysts. priate, the program manager of the information section (a), (in this section referred to as the ‘‘(4) PREREQUISITE.— sharing environment for the implementation and ‘‘program’’) has been implemented, the Sec- ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND management of that environment. retary, in consultation with the Privacy Officer CIVIL LIBERTIES TRAINING.—Before being as- ‘‘(g) CONSUMER FEEDBACK.— of the Department, the Officer for Civil Rights signed to a fusion center under this section, an ‘‘(1) IN GENERAL.—The Secretary shall create and Civil Liberties of the Department, and the officer or intelligence analyst shall undergo— a mechanism for any State, local, or tribal emer- Privacy and Civil Liberties Oversight Board es- ‘‘(i) appropriate intelligence analysis or infor- gency response provider who is a consumer of tablished under section 1061 of the Intelligence mation sharing training using an intelligence- the intelligence or other information products Reform and Terrorist Prevention Act of 2004 (5 led policing curriculum that is consistent with— described under subsection (e) to voluntarily U.S.C. 601 note), shall submit to the Committee ‘‘(I) standard training and education pro- provide feedback to the Department on the qual- on Homeland Security and Governmental Af- grams offered to Department law enforcement ity and utility of such intelligence products. fairs of the Senate and the Committee on Home- and intelligence personnel; and ‘‘(2) RESULTS.—The results of the voluntary ‘‘(II) the Criminal Intelligence Systems Oper- land Security of the House of Representatives a feedback under paragraph (1) shall be provided report that contains a concept of operations for ating Policies under part 23 of title 28, Code of electronically to Congress and appropriate per- Federal Regulations (or any corresponding simi- the program, which shall— sonnel of the Department. (A) include a clear articulation of the pur- lar regulation or ruling); ‘‘(h) RULE OF CONSTRUCTION.— poses, goals, and specific objectives for which ‘‘(ii) appropriate privacy and civil liberties ‘‘(1) IN GENERAL.—The authorities granted the program is being developed; training that is developed, supported, or spon- under this section shall supplement the authori- (B) identify stakeholders in the program and sored by the Privacy Officer appointed under ties granted under section 201(d) and nothing in provide an assessment of their needs; section 222 and the Officer for Civil Rights and this section shall be construed to abrogate the (C) contain a developed set of quantitative Civil Liberties of the Department, in partnership authorities granted under section 201(d). metrics to measure, to the extent possible, pro- with the Privacy and Civil Liberties Oversight ‘‘(2) PARTICIPATION.—Nothing in this section gram output; Board established under section 1061 of the In- shall be construed to require a State, local, or (D) contain a developed set of qualitative in- telligence Reform and Terrorism Prevention Act regional government or entity to accept the as- struments (including surveys and expert inter- of 2004 (5 U.S.C. 601 note); and signment of officers or intelligence analysts of views) to assess the extent to which stakeholders ‘‘(iii) such other training prescribed by the the Department into the fusion center of that believe their needs are being met; and Chief Intelligence Officer. State, locality, or region. (E) include a privacy and civil liberties impact ‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In ‘‘(i) GUIDELINES.—The Secretary, in consulta- assessment. determining the eligibility of an officer or intel- tion with the Attorney General of the United (2) PRIVACY AND CIVIL LIBERTIES.—Not later ligence analyst to be assigned to a fusion center States, shall establish guidelines for fusion cen- than 1 year after the date on which the program under this section, the Chief Intelligence Officer ters operated by State and local governments, to is implemented, the Privacy and Civil Liberties shall consider the familiarity of the officer or in- include standards that any such fusion center Oversight Board established under section 1061 telligence analyst with the State, locality, or re- shall— of the Intelligence Reform and Terrorist Preven- gion, as determined by such factors as whether ‘‘(1) collaboratively develop a mission state- tion Act of 2004 (5 U.S.C. 601 note), in consulta- the officer or intelligence analyst— ment, identify expectations and goals, measure tion with the Privacy Officer of the Department ‘‘(i) has been previously assigned in the geo- performance, and determine effectiveness for and the Officer for Civil Rights and Civil Lib- graphic area; or that fusion center; erties of the Department, shall submit to Con- ‘‘(ii) has previously worked with intelligence ‘‘(2) create a representative governance struc- gress, the Secretary, and the Chief Intelligence officials or emergency response providers from ture that includes emergency response providers Officer of the Department a report on the pri- that State, locality, or region. and, as appropriate, the private sector; vacy and civil liberties impact of the program. ‘‘(5) EXPEDITED SECURITY CLEARANCE PROC- ‘‘(3) create a collaborative environment for the SEC. 122. HOMELAND SECURITY INFORMATION ESSING.—The Chief Intelligence Officer— sharing of information within the scope of the SHARING FELLOWS PROGRAM. ‘‘(A) shall ensure that each officer or intel- information sharing environment established (a) ESTABLISHMENT OF PROGRAM.—Subtitle A ligence analyst assigned to a fusion center under section 1016 of the Intelligence Reform of title II of the Homeland Security Act of 2002 under this section has the appropriate clearance and Terrorism Prevention Act of 2004 (6 U.S.C. (6 U.S.C. 121 et seq.), as amended by this Act, is to contribute effectively to the mission of the fu- 485) among Federal, State, tribal, and local amended by adding at the end the following: sion center; and emergency response providers, the private sec- ‘‘SEC. 207. HOMELAND SECURITY INFORMATION ‘‘(B) may request that security clearance proc- tor, and the public, consistent with any policies, SHARING FELLOWS PROGRAM. essing be expedited for each such officer or in- guidelines, procedures, instructions, or stand- ‘‘(a) ESTABLISHMENT.— telligence analyst. ards established by the President or, as appro- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(6) FURTHER QUALIFICATIONS.—Each officer priate, the program manager of the information through the Chief Intelligence Officer, and in or intelligence analyst assigned to a fusion cen- sharing environment; consultation with the Chief Human Capital Of- ter under this section shall satisfy any other ‘‘(4) leverage the databases, systems, and net- ficer, shall establish a fellowship program in ac- qualifications the Chief Intelligence Officer may works available from public and private sector cordance with this section for the purpose of— prescribe. entities to maximize information sharing; ‘‘(A) detailing State, local, and tribal law en- ‘‘(e) RESPONSIBILITIES.—An officer or intel- ‘‘(5) develop, publish, and adhere to a privacy forcement officers and intelligence analysts to ligence analyst assigned to a fusion center and civil liberties policy consistent with Federal, the Department in accordance with subchapter under this section shall— State, and local law; VI of chapter 33 of title 5, United States Code, ‘‘(1) assist law enforcement agencies and other ‘‘(6) ensure appropriate security measures are to participate in the work of the Office of Intel- emergency response providers of State, local, in place for the facility, data, and personnel; ligence and Analysis in order to become familiar and tribal governments and fusion center per- ‘‘(7) select and train personnel based on the with— sonnel in using Federal homeland security in- needs, mission, goals, and functions of that fu- ‘‘(i) the relevant missions and capabilities of formation to develop a comprehensive and accu- sion center; and the Department and other Federal agencies; and rate threat picture; ‘‘(8) offer a variety of intelligence services and ‘‘(ii) the role, programs, products, and per- ‘‘(2) review homeland security-relevant infor- products to recipients of fusion center intel- sonnel of the Office of Intelligence and Anal- mation from law enforcement agencies and other ligence and information. ysis; and emergency response providers of State, local, ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—Ex- ‘‘(B) promoting information sharing between and tribal government; cept for subsection (i), there are authorized to be the Department and State, local, and tribal law

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.005 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2297 enforcement officers and intelligence analysts ‘‘Sec. 207. Homeland Security Information (A) the Department; by assigning such officers and analysts to— Sharing Fellows Program.’’. (B) the Federal Bureau of Investigation; (C) the Department of Defense; ‘‘(i) serve as a point of contact in the Depart- (c) REPORTS.— ment to assist in the representation of State, (D) the Department of Energy; (1) CONCEPT OF OPERATIONS.—Not later than (E) law enforcement and intelligence officials local, and tribal homeland security information 90 days after the date of enactment of this Act, needs; from State, local, and tribal governments, as ap- and before the implementation of the Homeland propriate; and ‘‘(ii) identify homeland security information Security Information Sharing Fellows Program of interest to State, local, and tribal law en- (F) other Federal entities as appropriate. under section 207 of the Homeland Security Act (2) CRITERIA.—The program manager for the forcement officers, emergency response pro- of 2002, as added by subsection (a), (in this sec- information sharing environment, in consulta- viders, and intelligence analysts; and tion referred to as the ‘‘Program’’) the Sec- ‘‘(iii) assist Department analysts in preparing tion with the Secretary of Defense, the Sec- retary, in consultation with the Privacy Officer retary, the Director of National Intelligence, and disseminating terrorism-related products of the Department, the Officer for Civil Rights that are tailored to State, local, and tribal emer- and the Director of the Federal Bureau of In- and Civil Liberties of the Department, and the vestigation shall develop qualifying criteria and gency response providers, law enforcement offi- Privacy and Civil Liberties Oversight Board es- cers, and intelligence analysts and designed to establish procedures for selecting personnel as- tablished under section 1061 of the Intelligence signed to the ITACG and for the proper han- prepare for and thwart terrorist attacks. Reform and Terrorist Prevention Act of 2004 (5 ‘‘(2) PROGRAM NAME.—The program under this dling and safeguarding of information related to U.S.C. 601 note), shall submit to the Committee section shall be known as the ‘Homeland Secu- terrorism. on Homeland Security and Governmental Af- rity Information Sharing Fellows Program’. (e) INAPPLICABILITY OF THE FEDERAL ADVI- fairs of the Senate and the Committee on Home- ‘‘(b) ELIGIBILITY.— SORY COMMITTEE ACT.—The ITACG and any land Security of the House of Representatives a ‘‘(1) IN GENERAL.—In order to be eligible for subsidiary groups thereof shall not be subject to selection as an Information Sharing Fellow report that contains a concept of operations for the requirements of the Federal Advisory Com- under the program under this section, an indi- the Program, which shall include a privacy and mittee Act (5 U.S.C. App.). vidual shall— civil liberties impact assessment. TITLE II—HOMELAND SECURITY GRANTS (2) REVIEW OF PRIVACY IMPACT.—Not later ‘‘(A) have homeland security-related respon- SEC. 201. SHORT TITLE. than 1 year after the date on which the Pro- sibilities; This title may be cited as the ‘‘Homeland Se- gram is implemented, the Privacy and Civil Lib- ‘‘(B) be eligible for an appropriate national curity Grant Enhancement Act of 2007’’. security clearance; erties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist SEC. 202. HOMELAND SECURITY GRANT PRO- ‘‘(C) possess a valid need for access to classi- GRAM. fied information, as determined by the Chief In- Prevention Act of 2004 (5 U.S.C. 601 note), in The Homeland Security Act of 2002 (6 U.S.C. telligence Officer; consultation with the Privacy Officer of the De- 101 et seq.) is amended by adding at the end the ‘‘(D) be an employee of an eligible entity; and partment and the Officer for Civil Rights and following: ‘‘(E) have undergone appropriate privacy and Civil Liberties of the Department, shall submit ‘‘TITLE XX—HOMELAND SECURITY civil liberties training that is developed, sup- to Congress, the Secretary, and the Chief Intel- GRANTS ported, or sponsored by the Privacy Officer and ligence Officer of the Department a report on the Officer for Civil Rights and Civil Liberties, the privacy and civil liberties impact of the Pro- ‘‘SEC. 2001. DEFINITIONS. in partnership with the Privacy and Civil Lib- gram. ‘‘In this title, the following definitions shall apply: erties Oversight Board established under section Subtitle C—Interagency Threat Assessment 1061 of the Intelligence Reform and Terrorist ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- and Coordination Group trator’ means the Administrator of the Federal Prevention Act of 2004 (5 U.S.C. 601 note). SEC. 131. INTERAGENCY THREAT ASSESSMENT ‘‘(2) ELIGIBLE ENTITIES.—In this subsection, Emergency Management Agency. AND COORDINATION GROUP. ‘‘(2) COMBINED STATISTICAL AREA.—The term the term ‘eligible entity’ means— (a) IN GENERAL.—As part of efforts to estab- ‘combined statistical area’ means a combined ‘‘(A) a State, local, or regional fusion center; lish the information sharing environment estab- ‘‘(B) a State or local law enforcement or other statistical area, as defined by the Office of Man- lished under section 1016 of the Intelligence Re- government entity that serves a major metropoli- agement and Budget. form and Terrorism Prevention Act of 2004 (6 tan area, suburban area, or rural area, as deter- ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di- U.S.C. 485), the program manager shall oversee mined by the Secretary; rectly eligible tribe’ means— and coordinate the creation and ongoing oper- ‘‘(A) any Indian tribe that— ‘‘(C) a State or local law enforcement or other ation of an Interagency Threat Assessment and ‘‘(i) is located in the continental United government entity with port, border, or agricul- Coordination Group (in this section referred to States; tural responsibilities, as determined by the Sec- as the ‘‘ITACG’’). ‘‘(ii) operates a law enforcement or emergency retary; (b) RESPONSIBILITIES.—The ITACG shall fa- response agency with the capacity to respond to ‘‘(D) a tribal law enforcement or other author- cilitate the production of federally coordinated calls for law enforcement or emergency services; ity; or products derived from information within the ‘‘(iii) is located— ‘‘(E) such other entity as the Secretary deter- ‘‘(I) on, or within 50 miles of, an international mines is appropriate. scope of the information sharing environment established under section 1016 of the Intelligence border or a coastline bordering an ocean or ‘‘(c) OPTIONAL PARTICIPATION.—No State, international waters; local, or tribal law enforcement or other govern- Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and intended for distribution to ‘‘(II) within 10 miles of critical infrastructure ment entity shall be required to participate in or has critical infrastructure within its territory; the Homeland Security Information Sharing State, local, and tribal government officials and the private sector. or Fellows Program. ‘‘(III) within or contiguous to 1 of the 50 larg- (c) OPERATIONS.— ‘‘(d) PROCEDURES FOR NOMINATION AND SE- est metropolitan statistical areas in the United LECTION.— (1) IN GENERAL.—The ITACG shall be located at the facilities of the National Counterterrorism States; and ‘‘(1) IN GENERAL.—The Chief Intelligence Offi- ‘‘(iv) certifies to the Secretary that a State is Center of the Office of the Director of National cer shall establish procedures to provide for the not making funds distributed under this title Intelligence. nomination and selection of individuals to par- available to the Indian tribe or consortium of (2) MANAGEMENT.— ticipate in the Homeland Security Information Indian tribes for the purpose for which the In- (A) IN GENERAL.—The Secretary shall assign a Sharing Fellows Program. dian tribe or consortium of Indian tribes is seek- ‘‘(2) LIMITATIONS.—The Chief Intelligence Of- senior level officer to manage and direct the ad- ministration of the ITACG. ing grant funds; and ficer shall— ‘‘(B) a consortium of Indian tribes, if each (B) DISTRIBUTION.—The Secretary, in con- ‘‘(A) select law enforcement officers and intel- tribe satisfies the requirements of subparagraph sultation with the Attorney General and the ligence analysts representing a broad cross-sec- (A). heads of other agencies, as appropriate, shall tion of State, local, and tribal agencies; and ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The term determine how specific products shall be distrib- ‘‘(B) ensure that the number of Information ‘eligible metropolitan area’ means the following: Sharing Fellows selected does not impede the ac- uted to State, local, and tribal officials and pri- ‘‘(A) IN GENERAL.—A combination of 2 or more tivities of the Office of Intelligence and Anal- vate sector partners under this section. incorporated municipalities, counties, parishes, ysis. (C) STANDARDS FOR ADMISSION.—The Sec- or Indian tribes that— ‘‘(e) DEFINITIONS.—In this section— retary, acting through the Chief Intelligence Of- ‘‘(i) is within— ‘‘(1) the term ‘Chief Intelligence Officer’ ficer and in consultation with the Director of ‘‘(I) any of the 100 largest metropolitan statis- means the Chief Intelligence Officer of the De- National Intelligence, the Attorney General, tical areas in the United States; or partment; and and the program manager of the information ‘‘(II) any combined statistical area, of which ‘‘(2) the term ‘Office of Intelligence and Anal- sharing environment established under section any metropolitan statistical area described in ysis’ means the office of the Chief Intelligence 1016 of the Intelligence Reform and Terrorist subparagraph (A) is a part; and Officer.’’. Prevention Act of 2004 (6 U.S.C. 485), shall es- ‘‘(ii) includes the city with the largest popu- (b) TECHNICAL AND CONFORMING AMEND- tablish standards for the admission of law en- lation in that metropolitan statistical area. MENT.—The table of contents in section 1(b) of forcement and intelligence officials from a State, ‘‘(B) OTHER COMBINATIONS.—Any other com- the Homeland Security Act of 2002 (6 U.S.C. 101 local, or tribal government into the ITACG. bination of contiguous local or tribal govern- et seq.) is amended by inserting after the item (d) MEMBERSHIP.— ments that are formally certified by the Admin- relating to section 206, as added by this Act, the (1) IN GENERAL.—The ITACG shall include istrator as an eligible metropolitan area for pur- following: representatives of— poses of this title with the consent of the State

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.005 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2298 CONGRESSIONAL RECORD — SENATE February 28, 2007 or States in which such local or tribal govern- ‘‘(A) all grant programs authorized under sec- venting, preparing for, protecting against, re- ments are located. tion 1014 of the USA PATRIOT Act (42 U.S.C. sponding to, and recovering from acts of ter- ‘‘(C) INCLUSION OF ADDITIONAL LOCAL GOV- 3714); and rorism. ERNMENTS.—An eligible metropolitan area may ‘‘(B) the Emergency Management Perform- ‘‘(b) APPLICATION.— include additional local or tribal governments ance Grant authorized under the Robert T. Staf- ‘‘(1) IN GENERAL.—An eligible metropolitan outside the relevant metropolitan statistical area ford Disaster Relief and Emergency Assistance area may apply for grants under this section. or combined statistical area that are likely to be Act (42 U.S.C. 5121 et seq.) and section 662 of the ‘‘(2) ANNUAL APPLICATIONS.—Applicants for affected by, or be called upon to respond to, a Post-Katrina Emergency Management Reform grants under this section shall apply or reapply terrorist attack within the metropolitan statis- Act of 2006 (6 U.S.C. 762). on an annual basis for grants distributed under tical area. ‘‘(2) PROGRAM INTEGRITY.—Each grant pro- the program. ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ gram described under paragraphs (1) through ‘‘(3) INFORMATION.—In an application for a has the meaning given that term in section 4(e) (4) of subsection (a) shall include, consistent grant under this section, an eligible metropoli- of the Indian Self-Determination Act (25 U.S.C. with the Improper Payments Information Act of tan area shall submit— 450b(e)). 2002 (31 U.S.C. 3321 note), policies and proce- ‘‘(A) a plan describing the proposed division ‘‘(6) METROPOLITAN STATISTICAL AREA.—The dures for— of responsibilities and distribution of funding term ‘metropolitan statistical area’ means a met- ‘‘(A) identifying activities funded under the among the local and tribal governments in the ropolitan statistical area, as defined by the Of- Homeland Security Grant Program that are sus- eligible metropolitan area; fice of Management and Budget. ceptible to significant improper payments; and ‘‘(B) the name of an individual to serve as a ‘‘(7) NATIONAL SPECIAL SECURITY EVENT.—The ‘‘(B) reporting the incidence of improper pay- metropolitan area liaison with the Department term ‘National Special Security Event’ means a ments to the Department. and among the various jurisdictions in the met- designated event that, by virtue of its political, ‘‘(3) ALLOCATION.—Except as provided under ropolitan area; and economic, social, or religious significance, may paragraph (2) of this subsection, the allocation ‘‘(C) such information in support of the appli- be the target of terrorism or other criminal activ- of grants authorized under this title shall be cation as the Administrator may reasonably re- ity. governed by the terms of this title and not by quire. ‘‘(8) POPULATION.—The term ‘population’ any other provision of law. ‘‘(c) STATE REVIEW AND TRANSMISSION.— means population according to the most recent ‘‘(e) MINIMUM PERFORMANCE REQUIRE- ‘‘(1) IN GENERAL.—To ensure consistency with United States census population estimates avail- MENTS.— State homeland security plans, an eligible met- able at the start of the relevant fiscal year. ‘‘(1) IN GENERAL.—The Administrator shall— ropolitan area applying for a grant under this ‘‘(9) POPULATION DENSITY.—The term ‘popu- ‘‘(A) establish minimum performance require- section shall submit its application to each State lation density’ means population divided by ments for entities that receive homeland security within which any part of the eligible metropoli- land area in square miles. grants; tan area is located for review before submission ‘‘(10) TARGET CAPABILITIES.—The term ‘target ‘‘(B) conduct, in coordination with State, re- of such application to the Department. capabilities’ means the target capabilities for gional, local, and tribal governments receiving ‘‘(2) DEADLINE.—Not later than 30 days after Federal, State, local, and tribal government pre- grants under the Homeland Security Grant Pro- receiving an application from an eligible metro- paredness for which guidelines are required to gram, simulations and exercises to test the min- politan area under paragraph (1), each such be established under section 646(a) of the Post- imum performance requirements established State shall transmit the application to the De- Katrina Emergency Management Reform Act of under subparagraph (A) for— partment. 2006 (6 U.S.C. 746(a)). ‘‘(i) emergencies (as that term is defined in ‘‘(3) STATE DISAGREEMENT.—If the Governor of ‘‘(11) TRIBAL GOVERNMENT.—The term ‘tribal section 102 of the Robert T. Stafford Disaster any such State determines that an application government’ means the government of an Indian Relief and Emergency Assistance Act (42 U.S.C. of an eligible metropolitan area is inconsistent tribe. 5122)) and major disasters not less than twice with the State homeland security plan of that ‘‘SEC. 2002. HOMELAND SECURITY GRANT PRO- each year; and State, or otherwise does not support the applica- GRAM. ‘‘(ii) catastrophic incidents (as that term is de- tion, the Governor shall— ‘‘(A) notify the Administrator, in writing, of ‘‘(a) ESTABLISHMENT.—There is established a fined in section 501) not less than once each that fact; and Homeland Security Grant Program, which shall year; and ‘‘(B) provide an explanation of the reason for consist of— ‘‘(C) ensure that entities that the Adminis- not supporting the application at the time of ‘‘(1) the Urban Area Security Initiative estab- trator determines are failing to demonstrate transmission of the application. lished under section 2003, or any successor minimum performance requirements established ‘‘(d) PRIORITIZATION.—In allocating funds thereto; under subparagraph (A) shall remedy the areas among metropolitan areas applying for grants ‘‘(2) the State Homeland Security Grant Pro- of failure, not later than the end of the second under this section, the Administrator shall con- gram established under section 2004, or any suc- full fiscal year after the date of such determina- sider— cessor thereto; tion by— ‘‘(1) the relative threat, vulnerability, and ‘‘(3) the Emergency Management Performance ‘‘(i) establishing a plan for the achievement of consequences faced by the eligible metropolitan Grant Program established under section 2005 or the minimum performance requirements under area from a terrorist attack, including consider- any successor thereto; and subparagraph (A), including— ation of— ‘‘(4) the Emergency Communications and ‘‘(I) developing intermediate indicators for the ‘‘(A) the population of the eligible metropoli- Interoperability Grants Program established 2 fiscal years following the date of such deter- tan area, including appropriate consideration of under section 1809, or any successor thereto. mination; and ‘‘(b) GRANTS AUTHORIZED.—The Secretary, military, tourist, and commuter populations; ‘‘(II) conducting additional simulations and through the Administrator, may award grants to ‘‘(B) the population density of the eligible exercises; and State, local, and tribal governments under the metropolitan area; ‘‘(ii) revising an entity’s homeland security Homeland Security Grant Program for the pur- ‘‘(C) the history of threats faced by the eligi- plan, if necessary, to achieve the minimum per- poses of this title. ble metropolitan area, including— formance requirements under subparagraph (A). ‘‘(c) PROGRAMS NOT AFFECTED.—This title ‘‘(i) whether there has been a prior terrorist ‘‘(2) WAIVER.—At the discretion of the Admin- shall not be construed to affect any authority to attack in the eligible metropolitan area; and istrator, the occurrence of an actual emergency, award grants under any of the following Fed- ‘‘(ii) whether any part of the eligible metro- major disaster, or catastrophic incident in an eral programs: politan area, or any critical infrastructure or area may be deemed as a simulation under para- ‘‘(1) The firefighter assistance programs au- key resource within the eligible metropolitan graph (1)(B). thorized under section 33 and 34 of the Federal area, has ever experienced a higher threat level ‘‘(3) REPORT TO CONGRESS.—Not later than the Fire Prevention and Control Act of 1974 (15 under the Homeland Security Advisory System end of the first full fiscal year after the date of U.S.C. 2229 and 2229a). than other parts of the United States; enactment of the Improving America’s Security ‘‘(2) Except as provided in subsection (d), all ‘‘(D) the degree of threat, vulnerability, and Act of 2007, and each fiscal year thereafter, the grant programs authorized under the Robert T. consequences to the eligible metropolitan area Administrator shall submit to the Committee on Stafford Disaster Relief and Emergency Assist- related to critical infrastructure or key resources Homeland Security and Governmental Affairs of ance Act (42 U.S.C. 5121 et seq.), including the identified by the Secretary or the State home- the Senate and to the Committee on Homeland Urban Search and Rescue Grant Program. land security plan, including threats, ‘‘(3) Grants to protect critical infrastructure, Security of the House of Representatives a re- vulnerabilities, and consequences from critical including port security grants authorized under port describing— infrastructure in nearby jurisdictions; section 70107 of title 46, United States Code. ‘‘(A) the performance of grantees under para- ‘‘(E) whether the eligible metropolitan area is ‘‘(4) The Metropolitan Medical Response Sys- graph (1)(A); located at or near an international border; tem authorized under section 635 of the Post- ‘‘(B) lessons learned through the simulations ‘‘(F) whether the eligible metropolitan area Katrina Emergency Management Reform Act of and exercises under paragraph (1)(B); and has a coastline bordering ocean or international 2006 (6 U.S.C. 723). ‘‘(C) efforts being made to remedy failed per- waters; ‘‘(5) Grant programs other than those admin- formance under paragraph (1)(C). ‘‘(G) threats, vulnerabilities, and con- istered by the Department. ‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. sequences faced by the eligible metropolitan ‘‘(d) RELATIONSHIP TO OTHER LAWS.— ‘‘(a) ESTABLISHMENT.—There is established an area related to at-risk sites or activities in near- ‘‘(1) IN GENERAL.—The Homeland Security Urban Area Security Initiative to provide grants by jurisdictions, including the need to respond Grant Program shall supercede— to assist high-risk metropolitan areas in pre- to terrorist attacks arising in those jurisdictions;

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‘‘(H) the most current threat assessments ‘‘(B) if no agreement on distribution has been ‘‘(e) MULTISTATE PARTNERSHIPS.— available to the Department; reached, a portion of the grant funds in propor- ‘‘(1) IN GENERAL.—Instead of, or in addition ‘‘(I) the extent to which the eligible metropoli- tion to each State’s share of the population of to, any application for funds under subsection tan area has unmet target capabilities; the eligible metropolitan area. (b), 2 or more States may submit an application ‘‘(J) the extent to which the eligible metropoli- ‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT under this paragraph for multistate efforts to tan area includes— PROGRAM. prevent, prepare for, protect against, respond ‘‘(i) all incorporated municipalities, counties, ‘‘(a) ESTABLISHMENT.—There is established a to, or recover from acts of terrorism. parishes, and Indian tribes within the relevant State Homeland Security Grant Program to as- ‘‘(2) GRANTEES.—Multistate grants may be metropolitan statistical area or combined statis- sist State, local, and tribal governments in pre- awarded to either— tical area; and venting, preparing for, protecting against, re- ‘‘(A) an individual State acting on behalf of a ‘‘(ii) other local governments and tribes that sponding to, and recovering from acts of ter- consortium or partnership of States with the are likely to be called upon to respond to a ter- rorism. consent of all member States; or rorist attack within the eligible metropolitan ‘‘(b) APPLICATION.— ‘‘(B) a group of States applying as a consor- area; and ‘‘(1) IN GENERAL.—Each State may apply for a tium or partnership. ‘‘(K) such other factors as are specified in grant under this section, and shall submit such ‘‘(3) ADMINISTRATION OF GRANT.—If a group writing by the Administrator; and information in support of the application as the of States apply as a consortium or partnership ‘‘(2) the anticipated effectiveness of the pro- Administrator may reasonably require. such States shall submit to the Secretary at the posed spending plan for the eligible metropoli- ‘‘(2) ANNUAL APPLICATIONS.—Applicants for time of application a plan describing— tan area in increasing the ability of that eligible grants under this section shall apply or reapply ‘‘(A) the division of responsibilities for admin- metropolitan area to prevent, prepare for, pro- on an annual basis for grants distributed under istering the grant; and tect against, respond to, and recover from ter- the program. ‘‘(B) the distribution of funding among the rorism, to meet its target capabilities, and to ‘‘(c) PRIORITIZATION.—In allocating funds various States and entities that are party to the otherwise reduce the overall risk to the metro- among States applying for grants under this sec- application. politan area, the State, and the Nation. tion, the Administrator shall consider— ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOVERN- ‘‘(e) OPPORTUNITY TO AMEND.—In considering ‘‘(1) the relative threat, vulnerability, and MENTS.— applications for grants under this section, the consequences faced by a State from a terrorist ‘‘(1) IN GENERAL.—The Administrator shall re- Administrator shall provide applicants with a attack, including consideration of— quire that, not later than 60 days after receiving reasonable opportunity to correct defects in the ‘‘(A) the size of the population of the State, grant funding, any State receiving a grant application, if any, before making final awards. including appropriate consideration of military, under this section shall make available to local ‘‘(f) ALLOWABLE USES.—Grants awarded tourist, and commuter populations; and tribal governments and emergency response under this section may be used to achieve target ‘‘(B) the population density of the State; providers, consistent with the applicable State capabilities, consistent with a State homeland ‘‘(C) the history of threats faced by the State, homeland security plan— security plan and relevant local and regional including— ‘‘(A) not less than 80 percent of the grant homeland security plans, through— ‘‘(i) whether there has been a prior terrorist funds; ‘‘(1) developing and enhancing State, local, or attack in an urban area that is wholly or partly ‘‘(B) with the consent of local and tribal gov- regional plans, risk assessments, or mutual aid in the State, or in the State itself; and ernments, the resources purchased with such agreements; ‘‘(ii) whether any part of the State, or any grant funds having a value equal to not less ‘‘(2) purchasing, upgrading, storing, or main- critical infrastructure or key resource within the than 80 percent of the amount of the grant; or taining equipment; ‘‘(C) grant funds combined with resources ‘‘(3) designing, conducting, and evaluating State, has ever experienced a higher threat level purchased with the grant funds having a value training and exercises, including exercises of under the Homeland Security Advisory System equal to not less than 80 percent of the amount mass evacuation plans under section 512 and in- than other parts of the United States; of the grant. cluding the payment of overtime and backfill ‘‘(D) the degree of threat, vulnerability, and ‘‘(2) EXTENSION OF PERIOD.—The Governor of costs in support of such activities; consequences related to critical infrastructure or a State may request in writing that the Adminis- ‘‘(4) responding to an increase in the threat key resources identified by the Secretary or the trator extend the period under paragraph (1) for level under the Homeland Security Advisory State homeland security plan; an additional period of time. The Administrator System, or to the needs resulting from a Na- ‘‘(E) whether the State has an international may approve such a request, and may extend tional Special Security Event, including pay- border; such period for an additional period, if the Ad- ment of overtime and backfill costs; ‘‘(F) whether the State has a coastline bor- ‘‘(5) establishing, enhancing, and staffing dering ocean or international waters; ministrator determines that the resulting delay with appropriately qualified personnel State ‘‘(G) threats, vulnerabilities, and con- in providing grant funding to the local and trib- and local fusion centers that comply with the sequences faced by a State related to at-risk al governments and emergency response pro- guidelines established under section 206(i); sites or activities in adjacent States, including viders is necessary to promote effective invest- ‘‘(6) protecting critical infrastructure and key the State’s need to respond to terrorist attacks ments to prevent, prepare for, protect against, resources identified in the Critical Infrastruc- arising in adjacent States; respond to, and recover from terrorism, or to ture List established under section 1001 of the ‘‘(H) the most current threat assessments meet the target capabilities of the State. Improving America’s Security Act of 2007, in- available to the Department; ‘‘(3) INDIAN TRIBES.—States shall be respon- cluding the payment of appropriate personnel ‘‘(I) the extent to which the State has unmet sible for allocating grant funds received under costs; target capabilities; and this section to tribal governments in order to ‘‘(7) any activity permitted under the Fiscal ‘‘(J) such other factors as are specified in help those tribal communities achieve target ca- Year 2007 Program Guidance of the Department writing by the Administrator; pabilities. Indian tribes shall be eligible for for the Urban Area Security Initiative or the ‘‘(2) the anticipated effectiveness of the pro- funding directly from the States, and shall not Law Enforcement Terrorism Prevention Grant posed spending plan of the State in increasing be required to seek funding from any local gov- Program, including activities permitted under the ability of the State to— ernment. the full-time counterterrorism staffing pilot; and ‘‘(A) prevent, prepare for, protect against, re- ‘‘(4) EXCEPTION.—Paragraph (1) shall not ‘‘(8) any other activity relating to achieving spond to, and recover from terrorism; apply to the District of Columbia, the Common- target capabilities approved by the Adminis- ‘‘(B) meet the target capabilities of the State; wealth of Puerto Rico, American Samoa, the trator. and Commonwealth of the Northern Mariana Is- ‘‘(g) DISTRIBUTION OF AWARDS TO METROPOLI- ‘‘(C) otherwise reduce the overall risk to the lands, Guam, or the Virgin Islands. TAN AREAS.— State and the Nation; and ‘‘(g) GRANTS TO DIRECTLY ELIGIBLE TRIBES.— ‘‘(1) IN GENERAL.—If the Administrator ap- ‘‘(3) the need to balance the goal of ensuring ‘‘(1) IN GENERAL.—Notwithstanding subsection proves the application of an eligible metropoli- the target capabilities of the highest risk areas (b), the Secretary may award grants to directly tan area for a grant under this section, the Ad- are achieved quickly and the goal of ensuring eligible tribes under this section. ministrator shall distribute the grant funds to that basic levels of preparedness, as measured ‘‘(2) TRIBAL APPLICATIONS.—A directly eligible the State or States in which the eligible metro- by the attainment of target capabilities, are tribe may apply for a grant under this section politan area is located. achieved nationwide. by submitting an application to the Adminis- ‘‘(2) STATE DISTRIBUTION OF FUNDS.—Each ‘‘(d) MINIMUM ALLOCATION.—In allocating trator that includes the information required for State shall provide the eligible metropolitan area funds under subsection (c), the Administrator an application by a State under subsection (b). not less than 80 percent of the grant funds. Any shall ensure that, for each fiscal year— ‘‘(3) STATE REVIEW.— funds retained by a State shall be expended on ‘‘(1) except as provided for in paragraph (2), ‘‘(A) IN GENERAL.—To ensure consistency with items or services approved by the Administrator no State receives less than an amount equal to State homeland security plans, a directly eligi- that benefit the eligible metropolitan area. 0.45 percent of the total funds appropriated for ble tribe applying for a grant under this section ‘‘(3) MULTISTATE REGIONS.—If parts of an eli- the State Homeland Security Grant Program; shall submit its application to each State within gible metropolitan area awarded a grant are lo- and which any part of the tribe is located for review cated in 2 or more States, the Secretary shall ‘‘(2) American Samoa, the Commonwealth of before submission of such application to the De- distribute to each such State— the Northern Mariana Islands, Guam, and the partment. ‘‘(A) a portion of the grant funds in accord- Virgin Islands each receive not less than 0.08 ‘‘(B) DEADLINE.—Not later than 30 days after ance with the proposed distribution set forth in percent of the amounts appropriated for the receiving an application from a directly eligible the application; or State Homeland Security Grant Program. tribe under subparagraph (A), each such State

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shall transmit the application to the Depart- ‘‘(8) any other activity relating to achieving ‘‘(1) IN GENERAL.—The Administrator shall ment. target capabilities approved by the Adminis- designate not less than 25 percent of the com- ‘‘(C) STATE DISAGREEMENT.—If the Governor trator. bined amount appropriated for grants under of any such State determines that the applica- ‘‘SEC. 2005. EMERGENCY MANAGEMENT PERFORM- sections 2003 and 2004 to be used for law en- tion of a directly eligible tribe is inconsistent ANCE GRANTS PROGRAM. forcement terrorism prevention activities. with the State homeland security plan of that ‘‘(a) ESTABLISHMENT.—There is established an ‘‘(2) USE OF FUNDS.—Grants awarded under State, or otherwise does not support the applica- Emergency Management Performance Grants this subsection may be used for— tion, the Governor shall— Program to make grants to States to assist State, ‘‘(A) information sharing to preempt terrorist ‘‘(i) notify the Administrator, in writing, of local, and tribal governments in preventing, pre- attacks; that fact; and paring for, protecting against, responding to, re- ‘‘(B) target hardening to reduce the vulner- ‘‘(ii) provide an explanation of the reason for covering from, and mitigating against all haz- ability of selected high value targets; not supporting the application at the time of ards, including natural disasters, acts of ter- ‘‘(C) threat recognition to recognize the poten- transmission of the application. rorism, and other man-made disasters. tial or development of a threat; ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY ‘‘(b) APPLICATION.— ‘‘(D) intervention activities to interdict terror- ELIGIBLE TRIBES.—If the Administrator awards ‘‘(1) IN GENERAL.—Each State may apply for a ists before they can execute a threat; funds to a directly eligible tribe under this sec- grant under this section, and shall submit such ‘‘(E) overtime expenses related to a State tion, the Administrator shall distribute the information in support of an application as the homeland security plan, including overtime grant funds directly to the directly eligible tribe. Administrator may reasonably require. costs associated with providing enhanced law The funds shall not be distributed to the State ‘‘(2) ANNUAL APPLICATIONS.—Applicants for enforcement operations in support of Federal or States in which the directly eligible tribe is grants under this section shall apply or reapply agencies for increased border security and bor- located. on an annual basis for grants distributed under der crossing enforcement; ‘‘(5) TRIBAL LIAISON.—A directly eligible tribe the program. ‘‘(F) establishing, enhancing, and staffing applying for a grant under this section shall ‘‘(c) ALLOCATION.—Funds available under the with appropriately qualified personnel State designate a specific individual to serve as the Emergency Management Performance Grants and local fusion centers that comply with the tribal liaison who shall— Program shall be allocated as follows: guidelines established under section 206(i); ‘‘(A) coordinate with Federal, State, local, re- ‘‘(1) BASELINE AMOUNT.— ‘‘(G) any other activity permitted under the ‘‘(A) IN GENERAL.—Except as provided in sub- gional, and private officials concerning ter- Fiscal Year 2007 Program Guidance of the De- paragraph (B), each State shall receive an rorism preparedness; partment for the Law Enforcement Terrorism ‘‘(B) develop a process for receiving input amount equal to 0.75 percent of the total funds Prevention Program; and from Federal, State, local, regional, and private appropriated for grants under this section. ‘‘(H) any other terrorism prevention activity ‘‘(B) TERRITORIES.—American Samoa, the officials to assist in the development of the ap- authorized by the Administrator. Commonwealth of the Northern Mariana Is- plication of such tribe and to improve the access ‘‘(b) OFFICE FOR THE PREVENTION OF TER- lands, Guam, and the Virgin Islands each shall of such tribe to grants; and RORISM.— receive an amount equal to 0.25 percent of the ‘‘(C) administer, in consultation with State, ‘‘(1) ESTABLISHMENT.—There is established in amounts appropriated for grants under this sec- local, regional, and private officials, grants the Department an Office for the Prevention of tion. awarded to such tribe. Terrorism, which shall be headed by a Director. ‘‘(2) PER CAPITA ALLOCATION.—The funds re- ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A di- ‘‘(2) DIRECTOR.— maining for grants under this section after allo- rectly eligible tribe that receives a grant directly ‘‘(A) REPORTING.—The Director of the Office cation of the baseline amounts under paragraph under this section is eligible to receive funds for for the Prevention of Terrorism shall report di- (1) shall be allocated to each State in proportion other purposes under a grant from the State or rectly to the Secretary. to its population. ‘‘(B) QUALIFICATIONS.—The Director of the States within the boundaries of which any part ‘‘(d) ALLOWABLE USES.—Grants awarded Office for the Prevention of Terrorism shall of such tribe is located, consistent with the under this section may be used to achieve target have an appropriate background with experi- homeland security plan of the State. capabilities, consistent with a State homeland ence in law enforcement, intelligence, or other ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this security plan or a catastrophic incident annex antiterrorist functions. section shall be construed to affect the authority developed under section 613 of the Robert T. ‘‘(3) ASSIGNMENT OF PERSONNEL.— of an Indian tribe that receives funds under this Stafford Disaster Relief and Emergency Assist- section. ‘‘(A) IN GENERAL.—The Secretary shall assign ance Act (42 U.S.C. 5196b) through— to the Office for the Prevention of Terrorism ‘‘(h) OPPORTUNITY TO AMEND.—In consid- ‘‘(1) any activity permitted under the Fiscal permanent staff and other appropriate per- ering applications for grants under this section, Year 2007 Program Guidance of the Department sonnel detailed from other components of the the Administrator shall provide applicants with for Emergency Management Performance Department to carry out the responsibilities a reasonable opportunity to correct defects in Grants; and the application, if any, before making final ‘‘(2) any other activity approved by the Ad- under this section. awards. ministrator that will improve the capability of a ‘‘(B) LIAISONS.—The Secretary shall designate ‘‘(i) ALLOWABLE USES.—Grants awarded State, local, or tribal government in preventing, senior employees from each component of the under this section may be used to achieve target preparing for, protecting against, responding to, Department that has significant antiterrorism capabilities, consistent with a State homeland recovering from, or mitigating against all haz- responsibilities to act as liaisons between that security plan, through— ards, including natural disasters, acts of ter- component and the Office for the Prevention of ‘‘(1) developing and enhancing State, local, rorism, and other man-made disasters. Terrorism. tribal, or regional plans, risk assessments, or ‘‘(e) COST SHARING.— ‘‘(4) RESPONSIBILITIES.—The Director of the mutual aid agreements; ‘‘(1) IN GENERAL.—The Federal share of the Office for the Prevention of Terrorism shall— ‘‘(2) purchasing, upgrading, storing, or main- costs of an activity carried out with a grant ‘‘(A) coordinate policy and operations be- taining equipment; under this section shall not exceed 75 percent. tween the Department and State, local, and ‘‘(3) designing, conducting, and evaluating ‘‘(2) IN-KIND MATCHING.—Each recipient of a tribal government agencies relating to pre- training and exercises, including exercises of grant under this section may meet the matching venting acts of terrorism within the United mass evacuation plans under section 512 and in- requirement under paragraph (1) by making in- States; cluding the payment of overtime and backfill kind contributions of goods or services that are ‘‘(B) serve as a liaison between State, local, costs in support of such activities; directly linked with the purpose for which the and tribal law enforcement agencies and the De- ‘‘(4) responding to an increase in the threat grant is made. partment; level under the Homeland Security Advisory ‘‘(f) LOCAL AND TRIBAL GOVERNMENTS.— ‘‘(C) in coordination with the Office of Intel- System, including payment of overtime and ‘‘(1) IN GENERAL.—In allocating grant funds ligence and Analysis, develop better methods for backfill costs; received under this section, a State shall take the sharing of intelligence with State, local, and ‘‘(5) establishing, enhancing, and staffing into account the needs of local and tribal gov- tribal law enforcement agencies; with appropriately qualified personnel State ernments. ‘‘(D) work with the Administrator to ensure and local fusion centers, that comply with the ‘‘(2) INDIAN TRIBES.—States shall be respon- that homeland security grants to State, local, guidelines established under section 206(i); sible for allocating grant funds received under and tribal government agencies, including ‘‘(6) protecting critical infrastructure and key this section to tribal governments in order to grants under this title, the Commercial Equip- resources identified in the Critical Infrastruc- help those tribal communities improve their ca- ment Direct Assistance Program, and grants to ture List established under section 1001 of the pabilities in preventing, preparing for, pro- support fusion centers and other law enforce- Improving America’s Security Act of 2007, in- tecting against, responding to, recovering from, ment-oriented programs are adequately focused cluding the payment of appropriate personnel or mitigating against all hazards, including nat- on terrorism prevention activities; and costs; ural disasters, acts of terrorism, and other man- ‘‘(E) coordinate with the Federal Emergency ‘‘(7) any activity permitted under the Fiscal made disasters. Indian tribes shall be eligible for Management Agency, the Department of Justice, Year 2007 Program Guidance of the Department funding directly from the States, and shall not the National Institute of Justice, law enforce- for the State Homeland Security Grant Program be required to seek funding from any local gov- ment organizations, and other appropriate enti- or the Law Enforcement Terrorism Prevention ernment. ties to support the development, promulgation, Grant Program, including activities permitted ‘‘SEC. 2006. TERRORISM PREVENTION. and updating, as necessary, of national vol- under the full-time counterterrorism staffing ‘‘(a) LAW ENFORCEMENT TERRORISM PREVEN- untary consensus standards for training and pilot; and TION PROGRAM.— personal protective equipment to be used in a

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.006 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2301 tactical environment by law enforcement offi- will serve the needs of the applicant better than ing, application, and other requirements and cers. equipment or systems that meet or exceed such guidance for homeland security assistance pro- ‘‘(5) PILOT PROJECT.— standards. grams to— ‘‘(A) IN GENERAL.—The Director of the Office ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Amounts ‘‘(A) eliminate redundant and duplicative re- for the Prevention of Terrorism, in coordination appropriated for grants under this title shall be quirements, including onerous application and with the Administrator, shall establish a pilot used to supplement and not supplant other ongoing reporting requirements; project to determine the efficacy and feasibility State, local, and tribal government public funds ‘‘(B) ensure accountability of the programs to of establishing law enforcement deployment obligated for the purposes provided under this the intended purposes of such programs; teams. title. ‘‘(C) coordinate allocation of grant funds to ‘‘(B) FUNCTION.—The law enforcement deploy- ‘‘SEC. 2008. ADMINISTRATION AND COORDINA- avoid duplicative or inconsistent purchases by ment teams participating in the pilot program TION. the recipients; and under this paragraph shall form the basis of a ‘‘(a) ADMINISTRATOR.—The Administrator ‘‘(D) make the programs more accessible and national network of standardized law enforce- shall, in consultation with other appropriate of- user friendly to applicants; and ment resources to assist State, local, and tribal fices within the Department, have responsibility ‘‘(3) submit the information and proposals governments in responding to natural disasters, for administering all homeland security grant under paragraphs (1) and (2) to the Committee acts of terrorism, or other man-made disaster. programs administered by the Department and on Homeland Security and Governmental Af- ‘‘(6) CONSTRUCTION.—Nothing in this section for ensuring coordination among those programs fairs of the Senate and the Committee on Home- may be construed to affect the roles or respon- and consistency in the guidance issued to recipi- land Security of the House of Representatives. sibilities of the Department of Justice. ents across those programs. ‘‘SEC. 2009. ACCOUNTABILITY. ‘‘SEC. 2007. RESTRICTIONS ON USE OF FUNDS. ‘‘(b) NATIONAL ADVISORY COUNCIL.—To en- ‘‘(a) REPORTS TO CONGRESS.— ‘‘(a) LIMITATIONS ON USE.— sure input from and coordination with State, ‘‘(1) FUNDING EFFICACY.—The Administrator ‘‘(1) CONSTRUCTION.— local, and tribal governments and emergency re- shall submit to Congress, as a component of the ‘‘(A) IN GENERAL.—Grants awarded under this sponse providers, the Administrator shall regu- annual Federal Preparedness Report required title may not be used to acquire land or to con- larly consult and work with the National Advi- under section 652 of the Post-Katrina Emer- struct buildings or other physical facilities. sory Council established under section 508 on gency Management Reform Act of 2006 (6 U.S.C. ‘‘(B) EXCEPTIONS.— the administration and assessment of grant pro- 752), an evaluation of the extent to which ‘‘(i) IN GENERAL.—Notwithstanding subpara- grams administered by the Department, includ- grants Administered by the Department, includ- graph (A), nothing in this paragraph shall pro- ing with respect to the development of program ing the grants established by this title— hibit the use of grants awarded under this title guidance and the development and evaluation ‘‘(A) have contributed to the progress of State, to achieve target capabilities through— of risk-assessment methodologies. local, and tribal governments in achieving tar- ‘‘(I) the construction of facilities described in ‘‘(c) REGIONAL COORDINATION.—The Adminis- get capabilities; and section 611 of the Robert T. Stafford Disaster trator shall ensure that— ‘‘(B) have led to the reduction of risk nation- ‘‘(1) all recipients of homeland security grants Relief and Emergency Assistance Act (42 U.S.C. ally and in State, local, and tribal jurisdictions. administered by the Department, as a condition 5196); or ‘‘(2) RISK ASSESSMENT.— of receiving those grants, coordinate their pre- ‘‘(II) the alteration or remodeling of existing ‘‘(A) IN GENERAL.—For each fiscal year, the vention, preparedness, and protection efforts buildings for the purpose of making such build- Administrator shall provide to the Committee on with neighboring State, local, and tribal govern- ings secure against terrorist attacks or able to Homeland Security and Governmental Affairs of ments, as appropriate; and withstand or protect against chemical, radio- the Senate and the Committee on Homeland Se- ‘‘(2) all metropolitan areas and other recipi- logical, or biological attacks. curity of the House of Representatives a detailed ents of homeland security grants administered ‘‘(ii) REQUIREMENTS FOR EXCEPTION.—No and comprehensive explanation of the method- by the Department that include or substantially grant awards may be used for the purposes ology used to calculate risk and compute the al- affect parts or all of more than 1 State, coordi- under clause (i) unless— location of funds under sections 2003 and 2004 of nate across State boundaries, including, where ‘‘(I) specifically approved by the Adminis- this title, including— appropriate, through the use of regional work- trator; ‘‘(i) all variables included in the risk assess- ing groups and requirements for regional plans, ‘‘(II) the construction occurs under terms and ment and the weights assigned to each; as a condition of receiving Departmentally ad- conditions consistent with the requirements ‘‘(ii) an explanation of how each such vari- ministered homeland security grants. under section 611(j)(8) of the Robert T. Stafford able, as weighted, correlates to risk, and the ‘‘(d) PLANNING COMMITTEES.— Disaster Relief and Emergency Assistance Act basis for concluding there is such a correlation; ‘‘(1) IN GENERAL.—Any State or metropolitan (42 U.S.C. 5196(j)(8)); and area receiving grants under this title shall es- and ‘‘(III) the amount allocated for purposes tablish a planning committee to assist in prepa- ‘‘(iii) any change in the methodology from the under clause (i) does not exceed 20 percent of ration and revision of the State, regional, or previous fiscal year, including changes in vari- the grant award. local homeland security plan and to assist in de- ables considered, weighting of those variables, ‘‘(2) PERSONNEL.— termining effective funding priorities. and computational methods. ‘‘(A) IN GENERAL.—For any grant awarded ‘‘(2) COMPOSITION.— ‘‘(B) CLASSIFIED ANNEX.—The information re- under section 2003 or 2004— ‘‘(A) IN GENERAL.—The planning committee quired under subparagraph (A) shall be pro- ‘‘(i) not more than 25 percent of the amount shall include representatives of significant vided in unclassified form to the greatest extent awarded to a grant recipient may be used to pay stakeholders, including— possible, and may include a classified annex if overtime and backfill costs; and ‘‘(i) local and tribal government officials; and necessary. ‘‘(ii) not more than 25 percent of the amount ‘‘(ii) emergency response providers, which ‘‘(C) DEADLINE.—For each fiscal year, the in- awarded to the grant recipient may be used to shall include representatives of the fire service, formation required under subparagraph (A) pay personnel costs not described in clause (i). law enforcement, emergency medical response, shall be provided on the earlier of— ‘‘(B) WAIVER.—At the request of the recipient and emergency managers. ‘‘(i) October 31; or of a grant under section 2003 or section 2004, the ‘‘(B) GEOGRAPHIC REPRESENTATION.—The ‘‘(ii) 30 days before the issuance of any pro- Administrator may grant a waiver of any limita- members of the planning committee shall be a gram guidance for grants under sections 2003 tion under subparagraph (A). representative group of individuals from the and 2004. ‘‘(3) RECREATION.—Grants awarded under this counties, cities, towns, and Indian tribes within ‘‘(b) REVIEWS AND AUDITS.— title may not be used for recreational or social the State or metropolitan areas, including, as ‘‘(1) DEPARTMENT REVIEW.—The Adminis- purposes. appropriate, representatives of rural, high-pop- trator shall conduct periodic reviews of grants ‘‘(b) MULTIPLE-PURPOSE FUNDS.—Nothing in ulation, and high-threat jurisdictions. made under this title to ensure that recipients this title shall be construed to prohibit State, ‘‘(e) INTERAGENCY COORDINATION.—The Sec- allocate funds consistent with the guidelines es- local, or tribal governments from using grant retary, through the Administrator, in coordina- tablished by the Department. funds under sections 2003 and 2004 in a manner tion with the Attorney General, the Secretary of ‘‘(2) GOVERNMENT ACCOUNTABILITY OFFICE.— that enhances preparedness for disasters unre- Health and Human Services, and other agencies ‘‘(A) ACCESS TO INFORMATION.—Each recipient lated to acts of terrorism, if such use assists providing assistance to State, local, and tribal of a grant under this title and the Department such governments in achieving capabilities for governments for preventing, preparing for, pro- shall provide the Government Accountability terrorism preparedness established by the Ad- tecting against, responding to, and recovering Office with full access to information regarding ministrator. from natural disasters, acts of terrorism, and the activities carried out under this title. ‘‘(c) EQUIPMENT STANDARDS.—If an applicant other man-made disasters, and not later than 12 ‘‘(B) AUDITS AND REPORTS.— for a grant under this title proposes to upgrade months after the date of enactment of the Im- ‘‘(i) AUDIT.—Not later than 12 months after or purchase, with assistance provided under proving America’s Security Act of 2007, shall— the date of enactment of the Improving Amer- that grant, new equipment or systems that do ‘‘(1) compile a comprehensive list of Federal ica’s Security Act of 2007, and periodically not meet or exceed any applicable national vol- programs that provide assistance to State, local, thereafter, the Comptroller General of the untary consensus standards developed under and tribal governments for preventing, pre- United States shall conduct an audit of the section 647 of the Post-Katrina Emergency Man- paring for, and responding to, natural disasters, Homeland Security Grant Program. agement Reform Act of 2006 (6 U.S.C. 747), the acts of terrorism, and other man-made disasters; ‘‘(ii) REPORT.—The Comptroller General of the applicant shall include in its application an ex- ‘‘(2) develop a proposal to coordinate, to the United States shall submit a report to the Com- planation of why such equipment or systems greatest extent practicable, the planning, report- mittee on Homeland Security and Governmental

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.006 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2302 CONGRESSIONAL RECORD — SENATE February 28, 2007 Affairs of the Senate and the Committee on ‘‘(C)(i) for each grant under the Urban Area ‘‘(C) the extent to which such funds were used Homeland Security of the House of Representa- Security Initiative or the State Homeland Secu- to enhance preparedness. tives on— rity Grant Program, the extent to which funds ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The ‘‘(I) the results of any audit conducted under under that grant were used to prepare for, pro- Inspector General of the Department shall make clause (i), including an analysis of the purposes tect against, respond to, or recover from acts of each audit under this subsection available on for which the grant funds authorized under this terrorism; and the website of the Inspector General. title are being spent; and ‘‘(ii) for each grant under the Emergency ‘‘(5) REPORTING.— ‘‘(II) whether the grant recipients have allo- Management Performance Grant Program, the ‘‘(A) IN GENERAL.—Not later than 2 years and cated funding consistent with the State home- extent to which funds under that grant were 60 days after the date of enactment of the Im- land security plan and the guidelines estab- used to prevent, prepare for, protect against, re- proving America’s Security Act of 2007, and an- lished by the Department. spond to, recover from, or mitigate against all nually thereafter, the Inspector General of the ‘‘(3) AUDIT REQUIREMENT.—Grant recipients hazards, including natural disasters, acts of ter- Department shall submit to Congress a consoli- that expend $500,000 or more in grant funds re- rorism, and other man-made disasters. dated report regarding the audits conducted ceived under this title during any fiscal year ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The under this subsection. shall submit to the Administrator an organiza- Inspector General of the Department shall make ‘‘(B) CONTENTS.—Each report submitted under tion-wide financial and compliance audit report each audit under this subsection available on this paragraph shall describe— in conformance with the requirements of chap- the website of the Inspector General. ‘‘(i)(I) for the first such report, the audits con- ter 75 of title 31, United States Code. ‘‘(5) REPORTING.— ducted under this subsection during the 2-year ‘‘(4) RECOVERY AUDITS.—The Secretary shall ‘‘(A) IN GENERAL.—Not later than 2 years and period beginning on the date of enactment of conduct a recovery audit (as that term is de- 60 days after the date of enactment of the Im- the Improving America’s Security Act of 2007; fined by the Director of the Office of Manage- proving America’s Security Act of 2007, and an- and ment and Budget under section 3561 of title 31, nually thereafter, the Inspector General of the ‘‘(II) for each subsequent such report, the au- United States Code) for any grant administered Department shall submit to Congress a consoli- dits conducted under this subsection during the by the Department with a total value of dated report regarding the audits conducted fiscal year before the date of the submission of $1,000,000 or greater. under this subsection. that report; ‘‘(c) REMEDIES FOR NONCOMPLIANCE.— ‘‘(B) CONTENTS.—Each report submitted under ‘‘(ii) whether funds under each grant audited ‘‘(1) IN GENERAL.—If the Administrator finds, this paragraph shall describe— were used as required by law; and after reasonable notice and an opportunity for a ‘‘(i)(I) for the first such report, the audits con- ‘‘(iii) the extent to which funds under each hearing, that a recipient of a grant under this ducted under this subsection during the 2-year grant audited were used to enhance prepared- title has failed to substantially comply with any period beginning on the date of enactment of ness. ‘‘(c) FUNDING FOR AUDITS.— provision of this title, or with any regulations or the Improving America’s Security Act of 2007; ‘‘(1) IN GENERAL.—The Administrator shall guidelines of the Department regarding eligible and ‘‘(II) for each subsequent such report, the au- withhold 1 percent of the total amount of each expenditures, the Administrator shall— grant under the Urban Area Security Initiative, ‘‘(A) terminate any payment of grant funds to dits conducted under this subsection during the the State Homeland Security Grant Program, be made to the recipient under this title; fiscal year before the date of the submission of and the Emergency Management Performance ‘‘(B) reduce the amount of payment of grant that report; Grant Program for audits under this section. funds to the recipient by an amount equal to the ‘‘(ii) whether funds under each grant audited ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis- amount of grants funds that were not expended during the period described in clause (i) that is applicable to such report were used as required trator shall make amounts withheld under this by the recipient in accordance with this title; or subsection available as follows: ‘‘(C) limit the use of grant funds received by law; and ‘‘(iii)(I) for grants under the Urban Area Se- ‘‘(A) Amounts withheld from grants under the under this title to programs, projects, or activi- curity Initiative or the State Homeland Security Urban Area Security Initiative shall be made ties not affected by the failure to comply. Grant Program audited, the extent to which, available for audits under this section of entities ‘‘(2) DURATION OF PENALTY.—The Adminis- receiving grants under the Urban Area Security trator shall apply an appropriate penalty under during the period described in clause (i) that is applicable to such report, funds under such Initiative. paragraph (1) until such time as the Secretary ‘‘(B) Amounts withheld from grants under the determines that the grant recipient is in full grants were used to prepare for, protect against, respond to, or recover from acts of terrorism; State Homeland Security Grant Program shall compliance with this title or with applicable be made available for audits under this section guidelines or regulations of the Department. and ‘‘(II) for grants under the Emergency Man- of entities receiving grants under the State ‘‘(3) DIRECT FUNDING.—If a State fails to sub- agement Performance Grant Program audited, Homeland Security Grant Program. stantially comply with any provision of this title the extent to which funds under such grants ‘‘(C) Amounts withheld from grants under the or with applicable guidelines or regulations of were used during the period described in clause Emergency Management Performance Grant the Department, including failing to provide (i) applicable to such report to prevent, prepare Program shall be made available for audits local or tribal governments with grant funds or for, protect against, respond to, recover from, or under this section of entities receiving grants resources purchased with grant funds in a time- mitigate against all hazards, including natural under the Emergency Management Performance ly fashion, a local or tribal government entitled disasters, acts of terrorism, and other man-made Grant Program. to receive such grant funds or resources may pe- disasters. ‘‘SEC. 2011. AUTHORIZATION OF APPROPRIA- tition the Administrator, at such time and in ‘‘(b) AUDIT OF OTHER PREPAREDNESS TIONS. such manner as determined by the Adminis- GRANTS.— ‘‘(a) GRANTS.— trator, to request that grant funds or resources ‘‘(1) IN GENERAL.—Not later than the date de- ‘‘(1) IN GENERAL.—There is authorized to be be provided directly to the local or tribal govern- scribed in paragraph (2), the Inspector General appropriated for the Homeland Security Grant ment. of the Department shall conduct an audit of Program established under section 2002 of this ‘‘SEC. 2010. AUDITING. each entity that receives a grant under the title for each of fiscal years 2008, 2009, and 2010, ‘‘(a) AUDIT OF GRANTS UNDER THIS TITLE.— Urban Area Security Initiative, the State Home- $3,105,000,000, to be allocated as follows: ‘‘(1) IN GENERAL.—Not later than the date de- land Security Grant Program, or the Emergency ‘‘(A) For grants under the Urban Area Secu- scribed in paragraph (2), and every 2 years Management Performance Grant Program to rity Initiative under section 2003, $1,278,639,000. thereafter, the Inspector General of the Depart- evaluate the use by that entity of any grant for ‘‘(B) For grants under the State Homeland Se- ment shall conduct an audit of each entity that preparedness administered by the Department curity Grant Program established under section receives a grant under the Urban Area Security that was awarded before the date of enactment 2004, $913,180,500. Initiative, the State Homeland Security Grant of the Improving America’s Security Act of 2007. ‘‘(C) For grants under the Emergency Man- Program, or the Emergency Management Per- ‘‘(2) TIMING.—The date described in this para- agement Performance Grant Program estab- formance Grant Program to evaluate the use of graph is the later of 2 years after— lished under section 2005, $913,180,500. funds under such grant program by such entity. ‘‘(A) the date of enactment of the Improving ‘‘(2) SUBSEQUENT YEARS.—There is authorized ‘‘(2) TIMING.—The date described in this para- America’s Security Act of 2007; and to be appropriated for the Homeland Security graph is the later of 2 years after— ‘‘(B) the date that an entity first receives a Grant Program established under section 2002 of ‘‘(A) the date of enactment of the Improving grant under the Urban Area Security Initiative, this title such sums as are necessary for fiscal America’s Security Act of 2007; and the State Homeland Security Grant Program, or year 2011 and each fiscal year thereafter. ‘‘(B) the date that an entity first receives a the Emergency Management Performance Grant ‘‘(b) PROPORTIONATE ALLOCATION.—Regard- grant under the Urban Area Security Initiative, Program, as the case may be. less of the amount appropriated for the Home- the State Homeland Security Grant Program, or ‘‘(3) CONTENTS.—Each audit under this sub- land Security Grant Program in any fiscal year, the Emergency Management Performance Grant section shall evaluate— the appropriated amount shall, in each fiscal Program, as the case may be. ‘‘(A) the use of funds by an entity under any year, be allocated among the grant programs ‘‘(3) CONTENTS.—Each audit under this sub- grant for preparedness administered by the De- under sections 2003, 2004, and 2005 in direct pro- section shall evaluate— partment that was awarded before the date of portion to the amounts allocated under para- ‘‘(A) the use of funds under the relevant grant enactment of the Improving America’s Security graph (a)(1) of this section.’’. program by an entity during the 2 full fiscal Act of 2007; SEC. 203. TECHNICAL AND CONFORMING AMEND- years before the date of that audit; ‘‘(B) whether funds under each such grant MENTS. ‘‘(B) whether funds under that grant program program were used by that entity as required by (a) IN GENERAL.—The Homeland Security Act were used by that entity as required by law; and law; and of 2002 (6 U.S.C. 101 et seq.) is amended—

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(1) by redesignating title XVIII, as added by ‘‘(c) STATEWIDE INTEROPERABLE COMMUNICA- ing, or enhancing emergency communications the SAFE Port Act (Public Law 109–347; 120 TIONS PLANS.— operability and interoperable communications; Stat. 1884), as title XIX; ‘‘(1) SUBMISSION OF PLANS.—The Adminis- ‘‘(iv) the State intends to address the emer- (2) by redesignating sections 1801 through trator shall require any State applying for a gency communications operability and inter- 1806, as added by the SAFE Port Act (Public grant under this section to submit a Statewide operable communications needs at the city, Law 109–347; 120 Stat. 1884), as sections 1901 Interoperable Communications Plan as described county, regional, State, and interstate level; and through 1906, respectively; under section 7303(f) of the Intelligence Reform ‘‘(v) the State plans to emphasize regional (3) in section 1904(a), as so redesignated, by and Terrorism Prevention Act of 2004 (6 U.S.C. planning and cooperation, both within the ju- striking ‘‘section 1802’’ and inserting ‘‘section 194(f)). risdictional borders of that State and with 1902’’; and ‘‘(2) COORDINATION AND CONSULTATION.—The neighboring States; (4) in section 1906, as so redesignated, by Statewide plan submitted under paragraph (1) ‘‘(C) be consistent with the Statewide Inter- striking ‘‘section 1802(a)’’ each place that term shall be developed— operable Communications Plan required under appears and inserting ‘‘section 1902(a)’’. ‘‘(A) in coordination with local and tribal section 7303(f) of the Intelligence Reform and (b) TABLE OF CONTENTS.—The table of con- governments, emergency response providers, and Terrorism Prevention Act of 2004 (6 U.S.C. tents in section 1(b) of the Homeland Security other relevant State officers; and 194(f)); and Act of 2002 (6 U.S.C. 101 note) is amended by ‘‘(B) in consultation with and subject to ap- ‘‘(D) include a capital budget and timeline striking the items relating to title XVIII and sec- propriate comment by the applicable Regional showing how the State intends to allocate and tions 1801 through 1806, as added by the SAFE Emergency Communications Coordination expend the grant funds. Port Act (Public Law 109–347; 120 Stat. 1884), Working Group as described under section 1805. ‘‘(g) AWARD OF GRANTS.— and inserting the following: ‘‘(3) APPROVAL.—The Administrator may not ‘‘(1) CONSIDERATIONS.—In approving applica- tions and awarding grants under this section, ‘‘TITLE XIX—DOMESTIC NUCLEAR award a grant to a State unless the Adminis- the Administrator shall consider— DETECTION OFFICE trator, in consultation with the Director for Emergency Communications, has approved the ‘‘(A) the nature of the threat to the State from ‘‘Sec. 1901. Domestic Nuclear Detection Office. applicable Statewide plan. a natural disaster, act of terrorism, or other ‘‘Sec. 1902. Mission of Office. ‘‘(4) REVISIONS.—A State may revise the appli- man-made disaster; ‘‘Sec. 1903. Hiring authority. cable Statewide plan approved by the Adminis- ‘‘(B) the location, risk, or vulnerability of crit- ‘‘Sec. 1904. Testing authority. trator under this subsection, subject to approval ical infrastructure and key national assets, in- ‘‘Sec. 1905. Relationship to other Department of the revision by the Administrator. cluding the consequences from damage to crit- entities and Federal agencies. ‘‘(d) CONSISTENCY.—The Administrator shall ical infrastructure in nearby jurisdictions as a ‘‘Sec. 1906. Contracting and grant making au- ensure that each grant is used to supplement result of natural disasters, acts of terrorism, or thorities. and support, in a consistent and coordinated other man-made disasters; ‘‘TITLE XX—HOMELAND SECURITY manner, any applicable State, regional, or ‘‘(C) the size of the population of the State, GRANTS urban area homeland security plan. including appropriate consideration of military, ‘‘Sec. 2001. Definitions. ‘‘(e) USE OF GRANT FUNDS.—Grants awarded tourist, and commuter populations; ‘‘Sec. 2002. Homeland Security Grant Program. under subsection (b) may be used for initiatives ‘‘(D) the population density of the State; ‘‘Sec. 2003. Urban Area Security Initiative. to achieve, maintain, or enhance emergency ‘‘(E) the extent to which grants will be uti- ‘‘Sec. 2004. State Homeland Security Grant Pro- communications operability and interoperable lized to implement emergency communications gram. communications, including— operability and interoperable communications ‘‘Sec. 2005. Emergency Management Perform- ‘‘(1) Statewide or regional communications solutions— ance Grants Program. planning, including governance related activi- ‘‘(i) consistent with the National Emergency ‘‘Sec. 2006. Terrorism prevention. ties; Communications Plan under section 1802 and ‘‘Sec. 2007. Restrictions on use of funds. ‘‘(2) system design and engineering; compatible with the national infrastructure and ‘‘Sec. 2008. Administration and coordination. ‘‘(3) system procurement and installation; national voluntary consensus standards; and ‘‘(ii) more efficient and cost effective than ‘‘Sec. 2009. Accountability. ‘‘(4) exercises; current approaches; ‘‘Sec. 2010. Auditing. ‘‘(5) modeling and simulation exercises for ‘‘(F) the extent to which a grant would expe- ‘‘Sec. 2011. Authorization of appropriations.’’. operational command and control functions; ‘‘(6) technical assistance; dite the achievement, maintenance, or enhance- TITLE III—COMMUNICATIONS ‘‘(7) training; and ment of emergency communications operability OPERABILITY AND INTEROPERABILITY ‘‘(8) other appropriate activities determined by and interoperable communications in the State SEC. 301. DEDICATED FUNDING TO ACHIEVE the Administrator to be integral to achieve, with Federal, State, local, and tribal govern- EMERGENCY COMMUNICATIONS maintain, or enhance emergency communica- ments; OPERABILITY AND INTEROPERABLE tions operability and interoperable communica- ‘‘(G) the extent to which a State, given its fi- COMMUNICATIONS. tions. nancial capability, demonstrates its commitment (a) EMERGENCY COMMUNICATIONS OPER- ‘‘(f) APPLICATION.— to achieve, maintain, or enhance emergency ABILITY AND INTEROPERABLE COMMUNICA- ‘‘(1) IN GENERAL.—A State desiring a grant communications operability and interoperable TIONS.— under this section shall submit an application at communications by supplementing Federal (1) IN GENERAL.—Title XVIII of the Homeland such time, in such manner, and accompanied by funds with non-Federal funds; Security Act of 2002 (6 U.S.C. 571 et seq.) (relat- such information as the Administrator may rea- ‘‘(H) whether the State is on or near an inter- ing to emergency communications) is amended sonably require. national border; by adding at the end the following: ‘‘(2) MINIMUM CONTENTS.—At a minimum, ‘‘(I) whether the State encompasses an eco- ‘‘SEC. 1809. EMERGENCY COMMUNICATIONS each application submitted under paragraph (1) nomically significant border crossing; OPERABILITY AND INTEROPERABLE shall— ‘‘(J) whether the State has a coastline bor- COMMUNICATIONS GRANTS. ‘‘(A) identify the critical aspects of the com- dering an ocean, a major waterway used for ‘‘(a) DEFINITIONS.—In this section: munications life cycle, including planning, sys- interstate commerce, or international waters; ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- tem design and engineering, procurement and ‘‘(K) the extent to which geographic barriers trator’ means the Administrator of the Federal installation, and training for which funding is pose unusual obstacles to achieving, maintain- Emergency Management Agency. requested; ing, or enhancing emergency communications ‘‘(2) EMERGENCY COMMUNICATIONS OPER- ‘‘(B) describe how— operability or interoperable communications; ABILITY.—The term ‘emergency communications ‘‘(i) the proposed use of funds— ‘‘(L) the threats, vulnerabilities, and con- operability’ means the ability to provide and ‘‘(I) would be consistent with and address the sequences faced by the State related to at-risk maintain, throughout an emergency response goals in any applicable State, regional, or urban sites or activities in nearby jurisdictions, includ- operation, a continuous flow of information homeland security plan; and ing the need to respond to natural disasters, among emergency response providers, agencies, ‘‘(II) unless the Administrator determines oth- acts of terrorism, and other man-made disasters and government officers from multiple dis- erwise, are— arising in those jurisdictions; ciplines and jurisdictions and at all levels of ‘‘(aa) consistent with the National Emergency ‘‘(M) the need to achieve, maintain, or en- government, in the event of a natural disaster, Communications Plan under section 1802; and hance nationwide emergency communications act of terrorism, or other man-made disaster, in- ‘‘(bb) compatible with the national infrastruc- operability and interoperable communications, cluding where there has been significant dam- ture and national voluntary consensus stand- consistent with the National Emergency Com- age to, or destruction of, critical infrastructure, ards; munications Plan under section 1802; including substantial loss of ordinary tele- ‘‘(ii) the applicant intends to spend funds ‘‘(N) whether the activity for which a grant is communications infrastructure and sustained under the grant, to administer such funds, and requested is being funded under another Federal loss of electricity. to allocate such funds among participating local or State emergency communications grant pro- ‘‘(b) IN GENERAL.—The Administrator shall and tribal governments and emergency response gram; and make grants to States for initiatives necessary to providers; ‘‘(O) such other factors as are specified by the achieve, maintain, or enhance Statewide, re- ‘‘(iii) the State plans to allocate the grant Administrator in writing. gional, national and, as appropriate, inter- funds on the basis of risk and effectiveness to ‘‘(2) REVIEW PANEL.— national emergency communications operability regions, local and tribal governments to promote ‘‘(A) IN GENERAL.—The Secretary shall estab- and interoperable communications. meaningful investments for achieving, maintain- lish a review panel under section 871(a) to assist

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.006 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2304 CONGRESSIONAL RECORD — SENATE February 28, 2007 in reviewing grant applications under this sec- under subparagraph (A) publicly available on Terrorism Prevention Act of 2004 (6 U.S.C. tion. the website of the Federal Emergency Manage- 194(g)(1).’’. ‘‘(B) RECOMMENDATIONS.—The review panel ment Agency. The Administrator may redact SEC. 302. BORDER INTEROPERABILITY DEM- established under subparagraph (A) shall make such information from the reports as the Admin- ONSTRATION PROJECT. recommendations to the Administrator regarding istrator determines necessary to protect national (a) IN GENERAL.— applications for grants under this section. security. (1) ESTABLISHMENT.—There is established in ‘‘(C) MEMBERSHIP.—The review panel estab- ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a the Department an International Border Com- lished under subparagraph (A) shall include— State fails to provide the information required munity Interoperable Communications Dem- ‘‘(i) individuals with technical expertise in by the Administrator under paragraph (3), the onstration Project (referred to in this section as emergency communications operability and Administrator may— ‘‘demonstration project’’). interoperable communications; ‘‘(A) reduce grant payments to the State from (2) MINIMUM NUMBER OF COMMUNITIES.—The ‘‘(ii) emergency response providers; and the portion of grant funds that are not required Secretary shall select no fewer than 6 commu- ‘‘(iii) other relevant State and local officers. to be passed through under paragraph (1); nities to participate in a demonstration project. ‘‘(3) MINIMUM GRANT AMOUNTS.—The Admin- ‘‘(B) terminate payment of funds under the (3) LOCATION OF COMMUNITIES.—No fewer istrator shall ensure that for each fiscal year— grant to the State, and transfer the appropriate than 3 of the communities selected under para- ‘‘(A) no State receives less than an amount portion of those funds directly to local and trib- graph (2) shall be located on the northern bor- equal to 0.75 percent of the total funds appro- al governments and emergency response pro- der of the United States and no fewer than 3 of priated for grants under this section; and viders that were intended to receive funding the communities selected under paragraph (2) ‘‘(B) American Samoa, the Commonwealth of under that grant; or shall be located on the southern border of the the Northern Mariana Islands, Guam, and the ‘‘(C) impose additional restrictions or burdens United States. Virgin Islands each receive no less than 0.25 on the use of funds by the State under the (b) PROGRAM REQUIREMENTS.—The dem- percent of the amounts appropriated for grants grant, which may include— onstration projects shall— under this section. ‘‘(i) prohibiting use of such funds to pay the (1) address the interoperable communications ‘‘(4) AVAILABILITY OF FUNDS.—Any grant grant-related expenses of the State; or needs of emergency response providers and the funds awarded that may be used to support ‘‘(ii) requiring the State to distribute to local National Guard; emergency communications operability or inter- and tribal government and emergency response (2) foster interoperable emergency communica- operable communications shall, as the Adminis- providers all or a portion of grant funds that tions systems— (A) among Federal, State, local, and tribal trator may determine, remain available for up to are not required to be passed through under government agencies in the United States in- 3 years, consistent with section 7303(e) of the In- paragraph (1). volved in preventing or responding to a natural telligence Reform and Terrorism Prevention Act ‘‘(i) PROHIBITED USES.—Grants awarded disaster, act of terrorism, or other man-made of 2004 (6 U.S.C. 194(e)). under this section may not be used for rec- disaster; and ‘‘(h) STATE RESPONSIBILITIES.— reational or social purposes. (B) with similar agencies in Canada or Mex- ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— TRIBAL GOVERNMENTS.—The Administrator shall ico; There are authorized to be appropriated for (3) identify common international cross-border determine a date by which a State that receives grants under this section— a grant shall obligate or otherwise make avail- frequencies for communications equipment, in- ‘‘(1) $400,000,000 for fiscal year 2008; cluding radio or computer messaging equipment; able to local and tribal governments and emer- ‘‘(2) $500,000,000 for fiscal year 2009; gency response providers— (4) foster the standardization of interoperable ‘‘(3) $600,000,000 for fiscal year 2010; emergency communications equipment; ‘‘(A) not less than 80 percent of the funds of ‘‘(4) $800,000,000 for fiscal year 2011; the amount of the grant; (5) identify solutions that will facilitate inter- ‘‘(5) $1,000,000,000 for fiscal year 2012; and operable communications across national bor- ‘‘(B) resources purchased with the grant ‘‘(6) such sums as necessary for each fiscal funds having a value equal to not less than 80 ders expeditiously; year thereafter.’’. (6) ensure that emergency response providers percent of the total amount of the grant; or (2) TECHNICAL AND CONFORMING AMEND- can communicate with each other and the pub- ‘‘(C) grant funds combined with resources MENT.—The table of contents under section 1(b) purchased with the grant funds having a value lic at disaster sites; of the Homeland Security Act of 2002 (6 U.S.C. (7) provide training and equipment to enable equal to not less than 80 percent of the total 101) is amended by inserting after the item relat- emergency response providers to deal with amount of the grant. ing to section 1808 the following: threats and contingencies in a variety of envi- ‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION ‘‘Sec. 1809. Emergency communications oper- ronments; and OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERN- ability and interoperable commu- (8) identify and secure appropriate joint-use MENTS.—Any State that receives a grant shall equipment to ensure communications access. certify to the Administrator, by not later than 30 nications grants.’’. (c) DISTRIBUTION OF FUNDS.— (b) INTEROPERABLE COMMUNICATIONS days after the date described under paragraph (1) IN GENERAL.—The Secretary shall dis- PLANS.—Section 7303 of the Intelligence Reform (1) with respect to the grant, that the State has tribute funds under this section to each commu- and Terrorist Prevention Act of 2004 (6 U.S.C. made available for expenditure by local or tribal nity participating in a demonstration project 194) is amended— governments and emergency response providers through the State, or States, in which each com- (1) in subsection (f)— the required amount of grant funds under para- munity is located. (A) in paragraph (4), by striking ‘‘and’’ at the graph (1). (2) OTHER PARTICIPANTS.—Not later than 60 end; ‘‘(3) REPORT ON GRANT SPENDING.— days after receiving funds under paragraph (1), (B) in paragraph (5), by striking the period at ‘‘(A) IN GENERAL.—Any State that receives a a State shall make the funds available to the the end and inserting a semicolon; and grant shall submit a spending report to the Ad- local and tribal governments and emergency re- (C) by adding at the end the following: ministrator at such time, in such manner, and sponse providers selected by the Secretary to ‘‘(6) include information on the governance accompanied by such information as the Admin- participate in a demonstration project. structure used to develop the plan, such as all istrator may reasonably require. (d) REPORTING.— ‘‘(B) MINIMUM CONTENTS.—At a minimum, agencies and organizations that participated in (1) IN GENERAL.—Not later than December 31, each report under this paragraph shall in- developing the plan and the scope and time- 2007, and each year thereafter in which funds clude— frame of the plan; and are appropriated for a demonstration project, ‘‘(i) the amount, ultimate recipients, and ‘‘(7) describe the method by which multi-juris- the Secretary shall submit to the Committee on dates of receipt of all funds received under the dictional, multi-disciplinary input was provided Homeland Security and Governmental Affairs of grant; from all regions of the jurisdiction and the proc- the Senate and the Committee on Homeland Se- ‘‘(ii) the amount and the dates of disburse- ess for continuing to incorporate such input.’’; curity of the House of Representatives a report ments of all such funds expended in compliance and on the demonstration projects. with paragraph (1) or under mutual aid agree- (2) in subsection (g)(1), by striking ‘‘or video’’ (2) CONTENTS.—Each report under this sub- ments or other intrastate and interstate sharing and inserting ‘‘and video’’. section shall contain the following: arrangements, as applicable; (c) NATIONAL EMERGENCY COMMUNICATIONS (A) The name and location of all communities ‘‘(iii) how the funds were used by each ulti- PLAN.—Section 1802(c) of the Homeland Security involved in the demonstration project. mate recipient or beneficiary; Act of 2002 (6 U.S.C. 652(c)) is amended— (B) The amount of funding provided to each ‘‘(iv) the extent to which emergency commu- (1) in paragraph (8), by striking ‘‘and’’ at the State for the demonstration project. nications operability and interoperable commu- end; (C) An evaluation of the usefulness of the nications identified in the applicable Statewide (2) in paragraph (9), by striking the period at demonstration project towards developing an ef- plan and application have been achieved, main- the end and inserting a semicolon; and fective interoperable communications system at tained, or enhanced as the result of the expendi- (3) by adding at the end the following: the borders. ture of grant funds; and ‘‘(10) set a date, including interim bench- (D) The factors that were used in determining ‘‘(v) the extent to which emergency commu- marks, as appropriate, by which State, local, how to distribute the funds in a risk-based man- nications operability and interoperable commu- and tribal governments, Federal departments ner. nications identified in the applicable Statewide and agencies, emergency response providers, (E) The specific risks inherent to a border plan and application remain unmet. and the private sector will achieve interoperable community that make interoperable communica- ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—The communications as that term is defined under tions more difficult than in non-border commu- Administrator shall make each report submitted section 7303(g)(1) of the Intelligence Reform and nities.

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.006 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2305 (F) The optimal ways to prioritize funding for the program, the Secretary of Homeland Secu- (D) in subsection (h), by adding at the end the interoperable communication systems based rity shall consider the estimated rate at which following: upon risk. nationals of the country violate the terms of ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYS- (e) AUTHORIZATION OF APPROPRIATIONS.— their visas by remaining in the United States TEM.— There are authorized to be appropriated such after the expiration of such visas.’’. ‘‘(A) SYSTEM.—The Secretary of Homeland Se- sums as are necessary in each of fiscal years (d) SECURITY ENHANCEMENTS TO THE VISA curity, in consultation with the Secretary of 2007, 2008, and 2009 to carry out this section. WAIVER PROGRAM.— State, is authorized to develop and implement a TITLE IV—ENHANCING SECURITY OF (1) IN GENERAL.—Section 217 of the Immigra- fully automated electronic travel authorization INTERNATIONAL TRAVEL tion and Nationality Act (8 U.S.C. 1187) is system (referred to in this paragraph as the amended— ‘System’) to collect such basic biographical in- SEC. 401. MODERNIZATION OF THE VISA WAIVER (A) in subsection (a)— formation as the Secretary of Homeland Secu- PROGRAM. (i) by striking ‘‘Operators of aircraft’’ and in- rity determines to be necessary to determine, in (a) SHORT TITLE.—This section may be cited serting the following: advance of travel, the eligibility of an alien to as the ‘‘Secure Travel and Counterterrorism ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI- travel to the United States under the program. Partnership Act’’. FICATION INFORMATION.—Operators of aircraft’’; ‘‘(B) FEES.—The Secretary of Homeland Secu- (b) SENSE OF CONGRESS.—It is the sense of and rity may charge a fee for the use of the System, Congress that— (ii) by adding at the end the following: which shall be— (1) the United States should modernize the ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ‘‘(i) set at a level that will ensure recovery of visa waiver program by simultaneously— ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.— the full costs of providing and administering the (A) enhancing program security requirements; Beginning on the date on which the electronic System; and and travel authorization system developed under ‘‘(ii) available to pay the costs incurred to ad- (B) extending visa-free travel privileges to na- subsection (h)(3) is fully operational, each alien minister the System. tionals of foreign countries that are allies in the traveling under the program shall, before apply- ‘‘(C) VALIDITY.— war on terrorism; and ing for admission, electronically provide basic ‘‘(i) PERIOD.—The Secretary of Homeland Se- (2) the expansion described in paragraph (1) biographical information to the system. Upon curity, in consultation with the Secretary of will— review of such biographical information, the State shall prescribe regulations that provide for (A) enhance bilateral cooperation on critical Secretary of Homeland Security shall determine a period, not to exceed 3 years, during which a counterterrorism and information sharing initia- whether the alien is eligible to travel to the determination of eligibility to travel under the tives; United States under the program.’’; program will be valid. Notwithstanding any (B) support and expand tourism and business (B) in subsection (c), as amended by sub- other provision under this section, the Secretary opportunities to enhance long-term economic section (c) of this section— of Homeland Security may revoke any such de- competitiveness; and (i) in paragraph (2)— termination at any time and for any reason. (I) by amending subparagraph (D) to read as (C) strengthen bilateral relationships. ‘‘(ii) LIMITATION.—A determination that an follows: (c) DISCRETIONARY VISA WAIVER PROGRAM alien is eligible to travel to the United States ‘‘(D) REPORTING LOST AND STOLEN PASS- EXPANSION.—Section 217(c) of the Immigration under the program is not a determination that PORTS.—The government of the country enters and Nationality Act (8 U.S.C. 1187(c)) is amend- the alien is admissible to the United States. into an agreement with the United States to re- ed by adding at the end the following: ‘‘(iii) JUDICIAL REVIEW.—Notwithstanding any port, or make available through Interpol, to the ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXI- other provision of law, no court shall have juris- United States Government information about BILITY.— diction to review an eligibility determination the theft or loss of passports within a strict time ‘‘(A) CERTIFICATION.—On the date on which under the System. limit and in a manner specified in the agree- an air exit system is in place that can verify the ‘‘(D) REPORT.—Not later than 60 days before ment.’’; and departure of not less than 97 percent of foreign publishing notice regarding the implementation (II) by adding at the end the following: nationals that exit through airports of the of the System in the Federal Register, the Sec- United States, the Secretary of Homeland Secu- ‘‘(E) REPATRIATION OF ALIENS.—The govern- ment of a country accepts for repatriation any retary of Homeland Security shall submit a re- rity shall certify to Congress that such air exit port regarding the implementation of the System system is in place. citizen, former citizen, or national against whom a final executable order of removal is to— ‘‘(B) WAIVER.—After certification by the Sec- ‘‘(i) the Committee on Homeland Security and retary under subparagraph (A), the Secretary of issued not later than 3 weeks after the issuance of the final order of removal. Nothing in this Governmental Affairs of the Senate; Homeland Security, in consultation with the ‘‘(ii) the Committee on the Judiciary of the subparagraph creates any duty for the United Secretary of State, may waive the application of Senate; States or any right for any alien with respect to paragraph (2)(A) for a country if— ‘‘(iii) the Select Committee on Intelligence of removal or release. Nothing in this subpara- ‘‘(i) the country meets all security require- the Senate; graph gives rise to any cause of action or claim ments of this section; ‘‘(iv) the Committee on Appropriations of the under this paragraph or any other law against ‘‘(ii) the Secretary of Homeland Security de- Senate; any official of the United States or of any State termines that the totality of the country’s secu- ‘‘(v) the Committee on Homeland Security of to compel the release, removal, or consideration rity risk mitigation measures provide assurance the House of Representatives; that the country’s participation in the program for release or removal of any alien. ‘‘(vi) the Committee on the Judiciary of the ‘‘(F) PASSENGER INFORMATION EXCHANGE.— would not compromise the law enforcement, se- House of Representatives; The government of the country enters into an curity interests, or enforcement of the immigra- ‘‘(vii) the Permanent Select Committee on In- agreement with the United States to share infor- tion laws of the United States; telligence of the House of Representatives; and mation regarding whether nationals of that ‘‘(iii) there has been a sustained reduction in ‘‘(viii) the Committee on Appropriations of the country traveling to the United States represent visa refusal rates for aliens from the country House of Representatives.’’. a threat to the security or welfare of the United and conditions exist to continue such reduction; (2) EFFECTIVE DATE.—Section 217(a)(11) of the and States or its citizens.’’;. Immigration and Nationality Act, as added by ‘‘(iv) the country cooperated with the Govern- (ii) in paragraph (5)— (I) by striking ‘‘Attorney General’’ each place paragraph (1)(A)(ii) shall take effect on the date ment of the United States on counterterrorism it appears and inserting ‘‘Secretary of Home- which is 60 days after the date on which the initiatives and information sharing before the land Security’’; and Secretary of Homeland Security publishes notice date of its designation as a program country, (II) in subparagraph (A)(i)— in the Federal Register of the requirement under and the Secretary of Homeland Security and the (aa) in subclause (II), by striking ‘‘and’’ at such paragraph. Secretary of State expect such cooperation will the end; (e) EXIT SYSTEM.— continue. (bb) in subclause (III), by striking the period (1) IN GENERAL.—Not later than 1 year after ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- at the end and inserting ‘‘; and’’; and the date of enactment of this Act, the Secretary SIDERATIONS.— (cc) by adding at the end the following: of Homeland Security shall establish an exit sys- ‘‘(A) IN GENERAL.—In determining whether to ‘‘(IV) shall submit to Congress a report re- tem that records the departure on a flight leav- waive the application of paragraph (2)(A) for a garding the implementation of the electronic ing the United States of every alien partici- country, pursuant to paragraph (8), the Sec- travel authorization system under subsection pating in the visa waiver program established retary of Homeland Security, in consultation (h)(3) and the participation of new countries in under section 217 of the Immigration and Na- with the Secretary of State, shall take into con- the program through a waiver under paragraph tionality Act (8 U.S.C. 1187). sideration other factors affecting the security of (8).’’; and (2) SYSTEM REQUIREMENTS.—The system estab- the United States, including— (iii) by adding at the end the following: lished under paragraph (1) shall— ‘‘(i) airport security standards in the country; ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary (A) match biometric information of the alien ‘‘(ii) whether the country assists in the oper- of Homeland Security, in consultation with the against relevant watch lists and immigration in- ation of an effective air marshal program; Secretary of State, shall provide technical as- formation; and ‘‘(iii) the standards of passports and travel sistance to program countries to assist those (B) compare such biometric information documents issued by the country; and countries in meeting the requirements under this against manifest information collected by air ‘‘(iv) other security-related factors. section.’’; carriers on passengers departing the United ‘‘(B) OVERSTAY RATES.—In determining (C) in subsection (f)(5), by striking ‘‘of blank’’ States to confirm such individuals have de- whether to permit a country to participate in and inserting ‘‘or loss of’’; and parted the United States.

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.006 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2306 CONGRESSIONAL RECORD — SENATE February 28, 2007

(3) REPORT.—Not later than 180 days after the provide to the Center the administrative support ‘‘(4) ensuring effective coordination, with re- date of enactment of this Act, the Secretary and funding required for its maintenance, in- spect to policies, programs, planning, oper- shall submit a report to Congress that de- cluding funding for personnel, leasing of office ations, and dissemination of intelligence and in- scribes— space, supplies, equipment, technology, train- formation related to terrorist travel— (A) the progress made in developing and de- ing, and travel expenses necessary for the Cen- ‘‘(A) among appropriate subdivisions of the ploying the exit system established under this ter to carry out its functions.’’. Department of Homeland Security, as deter- subsection; and (b) REPORT.—Subsection (g) of section 7202 of mined by the Secretary and including— (B) the procedures by which the Secretary will the Intelligence Reform and Terrorism Preven- ‘‘(i) the United States Customs and Border improve the manner of calculating the rates of tion Act of 2004 (8 U.S.C. 1777), as redesignated Protection; nonimmigrants who violate the terms of their by subsection (a)(2), is amended— ‘‘(ii) the United States Immigration and Cus- visas by remaining in the United States after the (1) in the heading, by striking ‘‘REPORT’’ and toms Enforcement; expiration of such visas. inserting ‘‘INITIAL REPORT’’; ‘‘(iii) the United States Citizenship and Immi- (f) AUTHORIZATION OF APPROPRIATIONS.— (2) by redesignating such subsection (g) as gration Services; There are authorized to be appropriated such paragraph (1); ‘‘(iv) the Transportation Security Administra- sums as may be necessary to carry out this sec- (3) by indenting such paragraph, as so des- tion; and ‘‘(v) the United States Coast Guard; and tion and the amendments made by this section. ignated, four ems from the left margin; (4) by inserting before such paragraph, as so ‘‘(B) between the Department of Homeland Se- SEC. 402. STRENGTHENING THE CAPABILITIES OF designated, the following: curity and other appropriate Federal agencies; THE HUMAN SMUGGLING AND TRAF- and FICKING CENTER. ‘‘(g) REPORT.—’’; and (5) by inserting after such paragraph, as so ‘‘(5) serving as the Secretary’s primary point (a) IN GENERAL.—Section 7202 of the Intel- designated, the following new paragraph: of contact with the National Counterterrorism ligence Reform and Terrorism Prevention Act of ‘‘(2) FOLLOW-UP REPORT.—Not later than 180 Center for implementing initiatives related to 2004 (8 U.S.C. 1777) is amended— days after the date of enactment of the Improv- terrorist travel and ensuring that the rec- (1) in subsection (c)(1), by striking ‘‘address’’ ing America’s Security Act of 2007, the President ommendations of the Center related to terrorist and inserting ‘‘integrate and disseminate intel- shall transmit to Congress a report regarding travel are carried out by the Department. ligence and information related to’’; the operation of the Center and the activities ‘‘(d) REPORT.—Not later than 180 days after (2) by redesignating subsections (d) and (e) as carried out by the Center, including a descrip- the date of enactment of the Improving Amer- subsections (g) and (h), respectively; and tion of— ica’s Security Act of 2007, the Secretary of (3) by inserting after subsection (c) the fol- ‘‘(A) the roles and responsibilities of each Homeland Security shall submit to the Com- lowing new subsections: agency or department that is participating in mittee on Homeland Security and Governmental IRECTOR.—The Secretary of Homeland ‘‘(d) D the Center; Affairs of the Senate and the Committee on Security shall nominate an official of the Gov- ‘‘(B) the mechanisms used to share informa- Homeland Security of the House of Representa- ernment of the United States to serve as the Di- tion among each such agency or department; tives a report on the implementation of this sec- rector of the Center, in accordance with the re- ‘‘(C) the staff provided to the Center by each tion.’’. quirements of the memorandum of under- such agency or department; SEC. 404. ENHANCED DRIVER’S LICENSE. standing entitled the ‘Human Smuggling and ‘‘(D) the type of information and reports being Section 7209(b)(1) of the Intelligence Reform Trafficking Center (HSTC) Charter’. disseminated by the Center; and and Terrorism Prevention Act of 2004 (8 U.S.C. ‘‘(e) STAFFING OF THE CENTER.— ‘‘(E) any efforts by the Center to create a cen- 1185 note) is amended— ‘‘(1) IN GENERAL.—The Secretary of Homeland tralized Federal Government database to store (1) in subparagraph (B)— Security, in cooperation with heads of other rel- information related to illicit travel of foreign na- (A) in clause (vi), by striking ‘‘and’’ at the evant agencies and departments, shall ensure tionals, including a description of any such end; that the Center is staffed with not fewer than 40 database and of the manner in which informa- (B) in clause (vii), by striking the period at full-time equivalent positions, including, as ap- tion utilized in such a database would be col- the end and inserting ‘‘; and’’; and propriate, detailees from the following: lected, stored, and shared.’’. (C) by adding at the end the following: ‘‘(A) The Office of Intelligence and Analysis. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(viii) the signing of a memorandum of agree- ‘‘(B) The Transportation Security Administra- There are authorized to be appropriated to the ment to initiate a pilot program with not less tion. Secretary to carry out section 7202 of the Intel- than 1 State to determine if an enhanced driv- ‘‘(C) The United States Citizenship and Immi- ligence Reform and Terrorism Prevention Act of er’s license, which is machine-readable and tam- gration Services. 2004 (8 U.S.C. 1777), as amended by this section, per proof, not valid for certification of citizen- ‘‘(D) The United States Customs and Border $20,000,000 for fiscal year 2008. ship for any purpose other than admission into Protection. SEC. 403. ENHANCEMENTS TO THE TERRORIST the United States from Canada, and issued by ‘‘(E) The United States Coast Guard. TRAVEL PROGRAM. such State to an individual, may permit the in- ‘‘(F) The United States Immigration and Cus- Section 7215 of the Intelligence Reform and dividual to use the driver’s license to meet the toms Enforcement. Terrorism Prevention Act of 2004 (6 U.S.C. 123) documentation requirements under subpara- ‘‘(G) The Central Intelligence Agency. is amended to read as follows: graph (A) for entry into the United States from ‘‘(H) The Department of Defense. ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. Canada at the land and sea ports of entry.’’; ‘‘(I) The Department of the Treasury. ‘‘(a) REQUIREMENT TO ESTABLISH.—Not later and ‘‘(J) The National Counterterrorism Center. than 90 days after the date of enactment of the (2) by adding at the end the following: ‘‘(K) The National Security Agency. Improving America’s Security Act of 2007, the ‘‘(C) REPORT.—Not later than 180 days after ‘‘(L) The Department of Justice. Secretary of Homeland Security, in consultation the initiation of the pilot program described in ‘‘(M) The Department of State. with the Director of the National subparagraph (B)(viii), the Secretary of Home- ‘‘(N) Any other relevant agency or depart- Counterterrorism Center and consistent with the land Security and Secretary of State shall sub- ment. strategy developed under section 7201, shall es- mit to the appropriate congressional committees XPERTISE OF DETAILEES.—The Secretary ‘‘(2) E tablish a program to oversee the implementation a report, which includes— of Homeland Security, in cooperation with the of the Secretary’s responsibilities with respect to ‘‘(i) an analysis of the impact of the pilot pro- head of each agency, department, or other enti- terrorist travel. gram on national security; ty set out under paragraph (1), shall ensure ‘‘(b) HEAD OF THE PROGRAM.—The Secretary ‘‘(ii) recommendations on how to expand the that the detailees provided to the Center under of Homeland Security shall designate an official pilot program to other States; paragraph (1) include an adequate number of of the Department of Homeland Security to be ‘‘(iii) any appropriate statutory changes to fa- personnel with experience in the area of— responsible for carrying out the program. Such cilitate the expansion of the pilot program to ad- ‘‘(A) consular affairs; official shall be— ditional States and to citizens of Canada; ‘‘(B) counterterrorism; ‘‘(1) the Assistant Secretary for Policy of the ‘‘(iv) a plan to scan individuals participating ‘‘(C) criminal law enforcement; Department of Homeland Security; or in the pilot program against United States ter- ‘‘(D) intelligence analysis; ‘‘(2) an official appointed by the Secretary rorist watch lists; and ‘‘(E) prevention and detection of document who reports directly to the Secretary. ‘‘(v) a recommendation for the type of ma- fraud; ‘‘(c) DUTIES.—The official designated under chine-readable technology that should be used ‘‘(F) border inspection; or subsection (b) shall assist the Secretary of in enhanced driver’s licenses, based on indi- ‘‘(G) immigration enforcement. Homeland Security in improving the Depart- vidual privacy considerations and the costs and ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the ment’s ability to prevent terrorists from entering feasibility of incorporating any new technology extent that funds are available for such pur- the United States or remaining in the United into existing driver’s licenses.’’. pose, the Secretary of Homeland Security shall States undetected by— SEC. 405. WESTERN HEMISPHERE TRAVEL INITIA- provide reimbursement to each agency or de- ‘‘(1) developing relevant strategies and poli- TIVE. partment that provides a detailee to the Center, cies; Before publishing a final rule in the Federal in such amount or proportion as is appropriate ‘‘(2) reviewing the effectiveness of existing Register, the Secretary shall conduct— for costs associated with the provision of such programs and recommending improvements, if (1) a complete cost-benefit analysis of the detailee, including costs for travel by, and bene- necessary; Western Hemisphere Travel Initiative, author- fits provided to, such detailee. ‘‘(3) making recommendations on budget re- ized under section 7209 of the Intelligence Re- ‘‘(f) ADMINISTRATIVE SUPPORT AND FUND- quests and on the allocation of funding and per- form and Terrorism Prevention Act of 2004 (Pub- ING.—The Secretary of Homeland Security shall sonnel; lic Law 108–458; 8 U.S.C. 1185 note); and

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.007 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2307 (2) a study of the mechanisms by which the ‘‘(B) the information sharing practices of the sibilities under this section, the Board is author- execution fee for a PASS Card could be reduced, departments, agencies, and elements of the exec- ized to— considering the potential increase in the number utive branch to determine whether they appro- ‘‘(A) have access from any department, agen- of applications. priately protect privacy and civil liberties and cy, or element of the executive branch, or any TITLE V—PRIVACY AND CIVIL LIBERTIES adhere to the information sharing guidelines Federal officer or employee, to all relevant MATTERS issued or developed under subsections (d) and records, reports, audits, reviews, documents, pa- (f) of section 1016 and to other governing laws, pers, recommendations, or other relevant mate- SEC. 501. MODIFICATION OF AUTHORITIES RE- rial, including classified information consistent LATING TO PRIVACY AND CIVIL LIB- regulations, and policies regarding privacy and ERTIES OVERSIGHT BOARD. civil liberties; and with applicable law; ‘‘(C) other actions by the executive branch re- ‘‘(B) interview, take statements from, or take (a) MODIFICATION OF AUTHORITIES.—Section 1061 of the National Security Intelligence Re- lated to efforts to protect the Nation from ter- public testimony from personnel of any depart- form Act of 2004 (title I of Public Law 108–458; rorism to determine whether such actions— ment, agency, or element of the executive ‘‘(i) appropriately protect privacy and civil 5 U.S.C. 601 note) is amended to read as follows: branch, or any Federal officer or employee; liberties; and ‘‘(C) request information or assistance from ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVER- ‘‘(ii) are consistent with governing laws, regu- any State, tribal, or local government; and SIGHT BOARD. lations, and policies regarding privacy and civil ‘‘(D) at the direction of a majority of the mem- ‘‘(a) IN GENERAL.—There is established within liberties. bers of the Board, submit a written request to the Executive Office of the President a Privacy ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL the Attorney General of the United States that and Civil Liberties Oversight Board (referred to LIBERTIES OFFICERS.—The Board shall— the Attorney General require, by subpoena, per- in this section as the ‘Board’). ‘‘(A) review and assess reports and other in- sons (other than departments, agencies, and ele- ‘‘(b) FINDINGS.—Consistent with the report of formation from privacy officers and civil lib- ments of the executive branch) to produce any the National Commission on Terrorist Attacks erties officers under section 1062; relevant information, documents, reports, an- Upon the United States, Congress makes the fol- ‘‘(B) when appropriate, make recommenda- swers, records, accounts, papers, and other doc- lowing findings: tions to such privacy officers and civil liberties umentary or testimonial evidence. ‘‘(1) In conducting the war on terrorism, the officers regarding their activities; and ‘‘(2) REVIEW OF SUBPOENA REQUEST.— Government may need additional powers and ‘‘(C) when appropriate, coordinate the activi- ‘‘(A) IN GENERAL.—Not later than 30 days may need to enhance the use of its existing pow- ties of such privacy officers and civil liberties of- after the date of receipt of a request by the ers. ficers on relevant interagency matters. Board under paragraph (1)(D), the Attorney ‘‘(2) This shift of power and authority to the ‘‘(4) TESTIMONY.—The members of the Board General shall— Government calls for an enhanced system of shall appear and testify before Congress upon ‘‘(i) issue the subpoena as requested; or checks and balances to protect the precious lib- request. ‘‘(ii) provide the Board, in writing, with an erties that are vital to our way of life and to en- ‘‘(e) REPORTS.— explanation of the grounds on which the sub- sure that the Government uses its powers for the ‘‘(1) IN GENERAL.—The Board shall— poena request has been modified or denied. purposes for which the powers were given. ‘‘(A) receive and review reports from privacy ‘‘(B) NOTIFICATION.—If a subpoena request is ‘‘(c) PURPOSE.—The Board shall— officers and civil liberties officers under section modified or denied under subparagraph (A)(ii), ‘‘(1) analyze and review actions the executive 1062; and the Attorney General shall, not later than 30 branch takes to protect the Nation from ter- ‘‘(B) periodically submit, not less than semi- days after the date of that modification or de- rorism, ensuring that the need for such actions annually, reports— nial, notify the Committee on the Judiciary of is balanced with the need to protect privacy and ‘‘(i)(I) to the appropriate committees of Con- the Senate and the Committee on the Judiciary civil liberties; and gress, including the Committee on the Judiciary of the House of Representatives. ‘‘(2) ensure that liberty concerns are appro- of the Senate, the Committee on the Judiciary of ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case priately considered in the development and im- the House of Representatives, the Committee on of contumacy or failure to obey a subpoena plementation of laws, regulations, and policies Homeland Security and Governmental Affairs of issued pursuant to paragraph (1)(D), the United related to efforts to protect the Nation against the Senate, the Committee on Oversight and States district court for the judicial district in terrorism. Government Reform of the House of Representa- which the subpoenaed person resides, is served, ‘‘(d) FUNCTIONS.— tives, the Select Committee on Intelligence of the or may be found may issue an order requiring ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVEL- Senate, and the Permanent Select Committee on such person to produce the evidence required by OPMENT AND IMPLEMENTATION.—The Board Intelligence of the House of Representatives; such subpoena. shall— and ‘‘(4) AGENCY COOPERATION.—Whenever infor- ‘‘(A) review proposed legislation, regulations, ‘‘(II) to the President; and mation or assistance requested under subpara- ‘‘(ii) which shall be in unclassified form to the and policies related to efforts to protect the Na- graph (A) or (B) of paragraph (1) is, in the greatest extent possible, with a classified annex tion from terrorism, including the development judgment of the Board, unreasonably refused or where necessary. and adoption of information sharing guidelines not provided, the Board shall report the cir- ‘‘(2) CONTENTS.—Not less than 2 reports sub- under subsections (d) and (f) of section 1016; cumstances to the head of the department, agen- mitted each year under paragraph (1)(B) shall ‘‘(B) review the implementation of new and cy, or element concerned without delay. The existing legislation, regulations, and policies re- include— ‘‘(A) a description of the major activities of head of the department, agency, or element con- lated to efforts to protect the Nation from ter- cerned shall ensure that the Board is given ac- rorism, including the implementation of infor- the Board during the preceding period; ‘‘(B) information on the findings, conclusions, cess to the information, assistance, material, or mation sharing guidelines under subsections (d) and recommendations of the Board resulting personnel the Board determines to be necessary and (f) of section 1016; from its advice and oversight functions under to carry out its functions. ‘‘(C) advise the President and the depart- ‘‘(h) MEMBERSHIP.— ments, agencies, and elements of the executive subsection (d); ‘‘(C) the minority views on any findings, con- ‘‘(1) MEMBERS.—The Board shall be composed branch to ensure that privacy and civil liberties clusions, and recommendations of the Board re- of a full-time chairman and 4 additional mem- are appropriately considered in the development sulting from its advice and oversight functions bers, who shall be appointed by the President, and implementation of such legislation, regula- under subsection (d); by and with the advice and consent of the Sen- tions, policies, and guidelines; and ‘‘(D) each proposal reviewed by the Board ate. ‘‘(D) in providing advice on proposals to re- under subsection (d)(1) that— ‘‘(2) QUALIFICATIONS.—Members of the Board tain or enhance a particular governmental ‘‘(i) the Board advised against implementa- shall be selected solely on the basis of their pro- power, consider whether the department, agen- tion; and fessional qualifications, achievements, public cy, or element of the executive branch has estab- ‘‘(ii) notwithstanding such advice, actions stature, expertise in civil liberties and privacy, lished— were taken to implement; and and relevant experience, and without regard to ‘‘(i) that the need for the power is balanced ‘‘(E) for the preceding period, any requests political affiliation, but in no event shall more with the need to protect privacy and civil lib- submitted under subsection (g)(1)(D) for the than 3 members of the Board be members of the erties; issuance of subpoenas that were modified or de- same political party. ‘‘(ii) that there is adequate supervision of the nied by the Attorney General. ‘‘(3) INCOMPATIBLE OFFICE.—An individual use by the executive branch of the power to en- ‘‘(f) INFORMING THE PUBLIC.—The Board appointed to the Board may not, while serving sure protection of privacy and civil liberties; shall— on the Board, be an elected official, officer, or and ‘‘(1) make its reports, including its reports to employee of the Federal Government, other than ‘‘(iii) that there are adequate guidelines and Congress, available to the public to the greatest in the capacity as a member of the Board. oversight to properly confine its use. extent that is consistent with the protection of ‘‘(4) TERM.—Each member of the Board shall ‘‘(2) OVERSIGHT.—The Board shall continually classified information and applicable law; and serve a term of 6 years, except that— review— ‘‘(2) hold public hearings and otherwise in- ‘‘(A) a member appointed to a term of office ‘‘(A) the regulations, policies, and procedures, form the public of its activities, as appropriate after the commencement of such term may serve and the implementation of the regulations, poli- and in a manner consistent with the protection under such appointment only for the remainder cies, and procedures, of the departments, agen- of classified information and applicable law. of such term; cies, and elements of the executive branch to en- ‘‘(g) ACCESS TO INFORMATION.— ‘‘(B) upon the expiration of the term of office sure that privacy and civil liberties are pro- ‘‘(1) AUTHORIZATION.—If determined by the of a member, the member shall continue to serve tected; Board to be necessary to carry out its respon- until the member’s successor has been appointed

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.007 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2308 CONGRESSIONAL RECORD — SENATE February 28, 2007 and qualified, except that no member may serve ‘‘(2) For fiscal year 2009, $6,650,000. ‘‘(4) in providing advice on proposals to retain under this subparagraph— ‘‘(3) For fiscal year 2010, $8,300,000. or enhance a particular governmental power the ‘‘(i) for more than 60 days when Congress is in ‘‘(4) For fiscal year 2011, $10,000,000. officer shall consider whether such department, session unless a nomination to fill the vacancy ‘‘(5) For fiscal year 2012, and each fiscal year agency, or element has established— shall have been submitted to the Senate; or thereafter, such sums as may be necessary.’’. ‘‘(A) that the need for the power is balanced ‘‘(ii) after the adjournment sine die of the ses- (b) CONTINUATION OF SERVICE OF CURRENT with the need to protect privacy and civil lib- sion of the Senate in which such nomination is MEMBERS OF PRIVACY AND CIVIL LIBERTIES erties; submitted; and BOARD.—The members of the Privacy and Civil ‘‘(B) that there is adequate supervision of the ‘‘(C) the members first appointed under this Liberties Oversight Board as of the date of en- use by such department, agency, or element of subsection after the date of enactment of the Im- actment of this Act may continue to serve as the power to ensure protection of privacy and proving America’s Security Act of 2007 shall members of that Board after that date, and to civil liberties; and serve terms of two, three, four, five, and six carry out the functions and exercise the powers ‘‘(C) that there are adequate guidelines and years, respectively, with the term of each such of that Board as specified in section 1061 of the oversight to properly confine its use. member to be designated by the President. National Security Intelligence Reform Act of ‘‘(b) EXCEPTION TO DESIGNATION AUTHOR- ‘‘(5) QUORUM AND MEETINGS.—After its initial 2004 (as amended by subsection (a)), until— ITY.— meeting, the Board shall meet upon the call of (1) in the case of any individual serving as a ‘‘(1) PRIVACY OFFICERS.—In any department, the chairman or a majority of its members. member of the Board under an appointment by agency, or element referred to in subsection (a) Three members of the Board shall constitute a the President, by and with the advice and con- or designated by the Privacy and Civil Liberties quorum. sent of the Senate, the expiration of a term des- Oversight Board, which has a statutorily cre- ‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— ignated by the President under section ated privacy officer, such officer shall perform ‘‘(1) COMPENSATION.— 1061(h)(4)(C) of such Act (as so amended); the functions specified in subsection (a) with re- ‘‘(A) CHAIRMAN.—The chairman of the Board (2) in the case of any individual serving as a spect to privacy. shall be compensated at the rate of pay payable member of the Board other than under an ap- ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de- for a position at level III of the Executive pointment by the President, by and with the ad- partment, agency, or element referred to in sub- Schedule under section 5314 of title 5, United vice and consent of the Senate, the confirmation section (a) or designated by the Board, which States Code. or rejection by the Senate of that member’s nom- has a statutorily created civil liberties officer, ‘‘(B) MEMBERS.—Each member of the Board ination to the Board under such section 1061 (as such officer shall perform the functions speci- shall be compensated at a rate of pay payable so amended), except that no such individual fied in subsection (a) with respect to civil lib- for a position at level IV of the Executive Sched- may serve as a member under this paragraph— erties. ule under section 5315 of title 5, United States (A) for more than 60 days when Congress is in ‘‘(c) SUPERVISION AND COORDINATION.—Each Code, for each day during which that member is session unless a nomination of that individual privacy officer or civil liberties officer described engaged in the actual performance of the duties to be a member of the Board has been submitted in subsection (a) or (b) shall— of the Board. to the Senate; or ‘‘(1) report directly to the head of the depart- ‘‘(2) TRAVEL EXPENSES.—Members of the (B) after the adjournment sine die of the ses- ment, agency, or element concerned; and Board shall be allowed travel expenses, includ- sion of the Senate in which such nomination is ‘‘(2) coordinate their activities with the In- ing per diem in lieu of subsistence, at rates au- submitted; or spector General of such department, agency, or thorized for persons employed intermittently by (3) the appointment of members of the Board element to avoid duplication of effort. ‘‘(d) AGENCY COOPERATION.—The head of the Government under section 5703(b) of title 5, under such section 1061 (as so amended), except each department, agency, or element shall en- United States Code, while away from their that no member may serve under this para- sure that each privacy officer and civil liberties homes or regular places of business in the per- graph— (A) for more than 60 days when Congress is in officer— formance of services for the Board. ‘‘(1) has the information, material, and re- ‘‘(j) STAFF.— session unless a nomination to fill the position sources necessary to fulfill the functions of such ‘‘(1) APPOINTMENT AND COMPENSATION.—The on the Board shall have been submitted to the officer; chairman of the Board, in accordance with rules Senate; or (B) after the adjournment sine die of the ses- ‘‘(2) is advised of proposed policy changes; agreed upon by the Board, shall appoint and fix ‘‘(3) is consulted by decision makers; and the compensation of a full-time executive direc- sion of the Senate in which such nomination is ‘‘(4) is given access to material and personnel tor and such other personnel as may be nec- submitted. the officer determines to be necessary to carry essary to enable the Board to carry out its func- SEC. 502. PRIVACY AND CIVIL LIBERTIES OFFI- out the functions of such officer. CERS. tions, without regard to the provisions of title 5, ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No United States Code, governing appointments in (a) IN GENERAL.—Section 1062 of the National action constituting a reprisal, or threat of re- the competitive service, and without regard to Security Intelligence Reform Act of 2004 (title I prisal, for making a complaint or for disclosing the provisions of chapter 51 and subchapter III of Public Law 108–458; 118 Stat. 3688) is amend- information to a privacy officer or civil liberties of chapter 53 of such title relating to classifica- ed to read as follows: officer described in subsection (a) or (b), or to tion and General Schedule pay rates, except ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFI- the Privacy and Civil Liberties Oversight Board, that no rate of pay fixed under this subsection CERS. that indicates a possible violation of privacy may exceed the equivalent of that payable for a ‘‘(a) DESIGNATION AND FUNCTIONS.—The At- protections or civil liberties in the administra- position at level V of the Executive Schedule torney General, the Secretary of Defense, the tion of the programs and operations of the Fed- under section 5316 of title 5, United States Code. Secretary of State, the Secretary of the Treas- eral Government relating to efforts to protect ‘‘(2) DETAILEES.—Any Federal employee may ury, the Secretary of Health and Human Serv- the Nation from terrorism shall be taken by any be detailed to the Board without reimbursement ices, the Secretary of Homeland Security, the Federal employee in a position to take such ac- from the Board, and such detailee shall retain Director of National Intelligence, the Director of tion, unless the complaint was made or the in- the rights, status, and privileges of the detailee’s the Central Intelligence Agency, and the head formation was disclosed with the knowledge regular employment without interruption. of any other department, agency, or element of that it was false or with willful disregard for its ‘‘(3) CONSULTANT SERVICES.—The Board may the executive branch designated by the Privacy truth or falsity. procure the temporary or intermittent services of and Civil Liberties Oversight Board under sec- ‘‘(f) PERIODIC REPORTS.— experts and consultants in accordance with sec- tion 1061 to be appropriate for coverage under ‘‘(1) IN GENERAL.—The privacy officers and tion 3109 of title 5, United States Code, at rates this section shall designate not less than 1 sen- civil liberties officers of each department, agen- that do not exceed the daily rate paid a person ior officer to— cy, or element referred to or described in sub- occupying a position at level IV of the Executive ‘‘(1) assist the head of such department, agen- section (a) or (b) shall periodically, but not less Schedule under section 5315 of such title. cy, or element and other officials of such de- than quarterly, submit a report on the activities ‘‘(k) SECURITY CLEARANCES.—The appropriate partment, agency, or element in appropriately of such officers— departments, agencies, and elements of the exec- considering privacy and civil liberties concerns ‘‘(A)(i) to the appropriate committees of Con- utive branch shall cooperate with the Board to when such officials are proposing, developing, gress, including the Committee on the Judiciary expeditiously provide the Board members and or implementing laws, regulations, policies, pro- of the Senate, the Committee on the Judiciary of staff with appropriate security clearances to the cedures, or guidelines related to efforts to pro- the House of Representatives, the Committee on extent possible under existing procedures and tect the Nation against terrorism; Homeland Security and Governmental Affairs of requirements. ‘‘(2) periodically investigate and review de- the Senate, the Committee on Oversight and ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY partment, agency, or element actions, policies, Government Reform of the House of Representa- COMMITTEE.—The Board— procedures, guidelines, and related laws and tives, the Select Committee on Intelligence of the ‘‘(1) is an agency (as defined in section 551(1) their implementation to ensure that such de- Senate, and the Permanent Select Committee on of title 5, United States Code); and partment, agency, or element is adequately con- Intelligence of the House of Representatives; ‘‘(2) is not an advisory committee (as defined sidering privacy and civil liberties in its actions; ‘‘(ii) to the head of such department, agency, in section 3(2) of the Federal Advisory Com- ‘‘(3) ensure that such department, agency, or or element; and mittee Act (5 U.S.C. App.)). element has adequate procedures to receive, in- ‘‘(iii) to the Privacy and Civil Liberties Over- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— vestigate, respond to, and redress complaints sight Board; and There are authorized to be appropriated to carry from individuals who allege such department, ‘‘(B) which shall be in unclassified form to the out this section amounts as follows: agency, or element has violated their privacy or greatest extent possible, with a classified annex ‘‘(1) For fiscal year 2008, $5,000,000. civil liberties; and where necessary.

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‘‘(2) CONTENTS.—Each report submitted under ‘‘(B) coordinate activities with the Inspector (D) An assessment of the efficacy or likely ef- paragraph (1) shall include information on the General of the Department in order to avoid du- ficacy of the data mining activity in providing discharge of each of the functions of the officer plication of effort. accurate information consistent with and valu- concerned, including— ‘‘(2) NOTIFICATION TO CONGRESS ON RE- able to the stated goals and plans for the use or ‘‘(A) information on the number and types of MOVAL.—If the Secretary removes the senior of- development of the data mining activity. reviews undertaken; ficial appointed under subsection (a) or trans- (E) An assessment of the impact or likely im- ‘‘(B) the type of advice provided and the re- fers that senior official to another position or lo- pact of the implementation of the data mining sponse given to such advice; cation within the Department, the Secretary activity on the privacy and civil liberties of indi- ‘‘(C) the number and nature of the complaints shall— viduals, including a thorough description of the received by the department, agency, or element ‘‘(A) promptly submit a written notification of actions that are being taken or will be taken concerned for alleged violations; and the removal or transfer to Houses of Congress; with regard to the property, privacy, or other ‘‘(D) a summary of the disposition of such and rights or privileges of any individual or individ- complaints, the reviews and inquiries con- ‘‘(B) include in any such notification the rea- uals as a result of the implementation of the ducted, and the impact of the activities of such sons for the removal or transfer. data mining activity. officer. ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CON- (F) A list and analysis of the laws and regula- ‘‘(g) INFORMING THE PUBLIC.—Each privacy GRESS.—The senior official appointed under sub- tions that govern the information being or to be officer and civil liberties officer shall— section (a) shall— collected, reviewed, gathered, analyzed, or used ‘‘(1) make the reports of such officer, includ- ‘‘(1) submit reports directly to the Congress re- with the data mining activity. ing reports to Congress, available to the public garding performance of the responsibilities of (G) A thorough discussion of the policies, pro- to the greatest extent that is consistent with the the senior official under this section, without cedures, and guidelines that are in place or that protection of classified information and applica- any prior comment or amendment by the Sec- are to be developed and applied in the use of ble law; and retary, Deputy Secretary, or any other officer or such technology for data mining in order to— ‘‘(2) otherwise inform the public of the activi- employee of the Department or the Office of (i) protect the privacy and due process rights ties of such officer, as appropriate and in a Management and Budget; and of individuals, such as redress procedures; and manner consistent with the protection of classi- ‘‘(2) inform the Committee on Homeland Secu- (ii) ensure that only accurate information is fied information and applicable law. rity and Governmental Affairs of the Senate and collected, reviewed, gathered, analyzed, or used. ‘‘(h) SAVINGS CLAUSE.—Nothing in this section the Committee on Homeland Security of the (H) Any necessary classified information in shall be construed to limit or otherwise supplant House of Representatives not later than— an annex that shall be available, as appro- any other authorities or responsibilities provided ‘‘(A) 30 days after the Secretary disapproves priate, to the Committee on Homeland Security by law to privacy officers or civil liberties offi- the senior official’s request for a subpoena and Governmental Affairs, the Committee on the cers.’’. under subsection (b)(1)(C) or the Secretary sub- Judiciary, the Select Committee on Intelligence, (b) CLERICAL AMENDMENT.—The table of con- stantively modifies the requested subpoena; or and the Committee on Appropriations of the tents for the Intelligence Reform and Terrorism ‘‘(B) 45 days after the senior official’s request Senate and the Committee on Homeland Secu- Prevention Act of 2004 (Public Law 108–458) is for a subpoena under subsection (b)(1)(C), if rity, the Committee on the Judiciary, the Perma- amended by striking the item relating to section that subpoena has not either been approved or nent Select Committee on Intelligence, and the 1062 and inserting the following new item: disapproved by the Secretary.’’. Committee on Appropriations of the House of Representatives. ‘‘Sec. 1062. Privacy and civil liberties officers.’’. SEC. 504. FEDERAL AGENCY DATA MINING RE- PORTING ACT OF 2007. (3) TIME FOR REPORT.—Each report required SEC. 503. DEPARTMENT PRIVACY OFFICER. (a) SHORT TITLE.—This section may be cited under paragraph (1) shall be— Section 222 of the Homeland Security Act of as the ‘‘Federal Agency Data Mining Reporting (A) submitted not later than 180 days after the 2002 (6 U.S.C. 142) is amended— Act of 2007’’. date of enactment of this Act; and (1) by inserting ‘‘(a) APPOINTMENT AND RE- (b) DEFINITIONS.—In this section: (B) updated not less frequently than annually SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and (1) DATA MINING.—The term ‘‘data mining’’ thereafter, to include any activity to use or de- (2) by adding at the end the following: means a query, search, or other analysis of 1 or velop data mining engaged in after the date of ‘‘(b) AUTHORITY TO INVESTIGATE.— more electronic databases, where— the prior report submitted under paragraph (1). ‘‘(1) IN GENERAL.—The senior official ap- (A) a department or agency of the Federal TITLE VI—ENHANCED DEFENSES AGAINST pointed under subsection (a) may— Government, or a non-Federal entity acting on WEAPONS OF MASS DESTRUCTION ‘‘(A) have access to all records, reports, au- behalf of the Federal Government, is conducting dits, reviews, documents, papers, recommenda- SEC. 601. NATIONAL BIOSURVEILLANCE INTEGRA- the query, search, or other analysis to discover TION CENTER. tions, and other materials available to the De- or locate a predictive pattern or anomaly indic- (a) IN GENERAL.—Title III of the Homeland partment that relate to programs and operations ative of terrorist or criminal activity on the part Security Act of 2002 (6 U.S.C. et seq.) is amended with respect to the responsibilities of the senior of any individual or individuals; and by adding at the end the following: official under this section; (B) the query, search, or other analysis does ‘‘(B) make such investigations and reports re- ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTE- not use personal identifiers of a specific indi- GRATION CENTER. lating to the administration of the programs and vidual, or inputs associated with a specific indi- ‘‘(a) DEFINITIONS.—In this section— operations of the Department that are necessary vidual or group of individuals, to retrieve infor- ‘‘(1) the term ‘biological event of national sig- or desirable as determined by that senior offi- mation from the database or databases. nificance’ means— cial; (2) DATABASE.—The term ‘‘database’’ does not ‘‘(A) an act of terrorism that uses a biological ‘‘(C) subject to the approval of the Secretary, include telephone directories, news reporting, agent, toxin, or other product derived from a bi- require by subpoena the production, by any per- information publicly available to any member of ological agent; or son other than a Federal agency, of all informa- the public without payment of a fee, or data- ‘‘(B) a naturally-occurring outbreak of an in- tion, documents, reports, answers, records, ac- bases of judicial and administrative opinions. fectious disease that may result in a national counts, papers, and other data and documen- (c) REPORTS ON DATA MINING ACTIVITIES BY epidemic; tary evidence necessary to performance of the FEDERAL AGENCIES.— ‘‘(2) the term ‘Member Agencies’ means the de- responsibilities of the senior official under this (1) REQUIREMENT FOR REPORT.—The head of partments and agencies described in subsection section; and each department or agency of the Federal Gov- (d)(1); ‘‘(D) administer to or take from any person an ernment that is engaged in any activity to use ‘‘(3) the term ‘NBIC’ means the National Bio- oath, affirmation, or affidavit, whenever nec- or develop data mining shall submit a report to surveillance Integration Center established essary to performance of the responsibilities of Congress on all such activities of the department under subsection (b); the senior official under this section. or agency under the jurisdiction of that official. ‘‘(4) the term ‘NBIS’ means the National Bio- ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub- The report shall be made available to the public, surveillance Integration System established poena issued under paragraph (1)(C) shall, in except for a classified annex described para- under subsection (b); and the case of contumacy or refusal to obey, be en- graph (2)(H). ‘‘(5) the term ‘Privacy Officer’ means the Pri- forceable by order of any appropriate United (2) CONTENT OF REPORT.—Each report sub- vacy Officer appointed under section 222. States district court. mitted under paragraph (1) shall include, for ‘‘(b) ESTABLISHMENT.—The Secretary shall es- ‘‘(3) EFFECT OF OATHS.—Any oath, affirma- each activity to use or develop data mining, the tablish, operate, and maintain a National Bio- tion, or affidavit administered or taken under following information: surveillance Integration Center, headed by a Di- paragraph (1)(D) by or before an employee of (A) A thorough description of the data mining recting Officer, under an existing office or direc- the Privacy Office designated for that purpose activity, its goals, and, where appropriate, the torate of the Department, subject to the avail- by the senior official appointed under sub- target dates for the deployment of the data min- ability of appropriations, to oversee development section (a) shall have the same force and effect ing activity. and operation of the National Biosurveillance as if administered or taken by or before an offi- (B) A thorough description of the data mining Integration System. cer having a seal of office. technology that is being used or will be used, in- ‘‘(c) PRIMARY MISSION.—The primary mission ‘‘(c) SUPERVISION AND COORDINATION.— cluding the basis for determining whether a par- of the NBIC is to enhance the capability of the ‘‘(1) IN GENERAL.—The senior official ap- ticular pattern or anomaly is indicative of ter- Federal Government to— pointed under subsection (a) shall— rorist or criminal activity. ‘‘(1) rapidly identify, characterize, localize, ‘‘(A) report to, and be under the general su- (C) A thorough description of the data sources and track a biological event of national signifi- pervision of, the Secretary; and that are being or will be used. cance by integrating and analyzing data from

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human health, animal, plant, food, and envi- ‘‘(A) on an ongoing basis, evaluate available ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP ronmental monitoring systems (both national data for evidence of a biological event of na- COUNCIL.—The Directing Officer of the NBIC and international); and tional significance; and shall— ‘‘(2) disseminate alerts and other information ‘‘(B) integrate homeland security information ‘‘(1) establish an interagency coordination regarding such data analysis to Member Agen- with NBIS data to provide overall situational council to facilitate interagency cooperation cies and, in consultation with relevant member awareness and determine whether a biological and to advise the Directing Officer of the NBIC agencies, to agencies of State, local, and tribal event of national significance has occurred. regarding recommendations to enhance the bio- governments, as appropriate, to enhance the ‘‘(3) INFORMATION SHARING.— surveillance capabilities of the Department; and ability of such agencies to respond to a biologi- ‘‘(A) IN GENERAL.—The Directing Officer of ‘‘(2) invite Member Agencies to serve on such cal event of national significance. the NBIC shall— council. ‘‘(d) REQUIREMENTS.—The NBIC shall design ‘‘(i) establish a method of real-time commu- ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS the NBIS to detect, as early as possible, a bio- nication with the National Operations Center, AND AGENCIES.—The authority of the Directing logical event of national significance that pre- to be known as the Biological Common Oper- Officer of the NBIC under this section shall not sents a risk to the United States or the infra- ating Picture; affect any authority or responsibility of any structure or key assets of the United States, in- ‘‘(ii) in the event that a biological event of na- other department or agency of the Federal Gov- cluding— tional significance is detected, notify the Sec- ernment with respect to biosurveillance activi- ‘‘(1) if a Federal department or agency, at the retary and disseminate results of NBIS assess- ties under any program administered by that de- discretion of the head of that department or ments related to that biological event of na- partment or agency. agency, has entered a memorandum of under- tional significance to appropriate Federal re- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— standing regarding participation in the NBIC, sponse entities and, in consultation with rel- There are authorized to be appropriated such consolidating data from all relevant surveillance evant member agencies, regional, State, local, sums as are necessary to carry out this sec- systems maintained by that department or agen- and tribal governmental response entities in a tion.’’. cy to detect biological events of national signifi- timely manner; (b) CONFORMING AMENDMENT.—The table of cance across human, animal, and plant species; ‘‘(iii) provide any report on NBIS assessments contents in section 1(b) of the Homeland Secu- ‘‘(2) seeking private sources of surveillance, to Member Agencies and, in consultation with rity Act of 2002 (6 U.S.C. 101 et seq.) is amended both foreign and domestic, when such sources relevant member agencies, any affected regional, by inserting after the item relating to section 315 would enhance coverage of critical surveillance State, local, or tribal government, and any pri- the following: vate sector entity considered appropriate that gaps; ‘‘Sec. 316. National Biosurveillance Integration may enhance the mission of such Member Agen- ‘‘(3) using an information technology system Center.’’. that uses the best available statistical and other cies, governments, or entities or the ability of SEC. 602. BIOSURVEILLANCE EFFORTS. analytical tools to identify and characterize bio- the Nation to respond to biological events of na- The Comptroller General of the United States logical events of national significance in as tional significance; and shall submit a report to Congress describing— close to real-time as is practicable; ‘‘(iv) share NBIS incident or situational (1) the state of Federal, State, local, and tribal ‘‘(4) providing the infrastructure for such in- awareness reports, and other relevant informa- government biosurveillance efforts as of the date tegration, including information technology sys- tion, consistent with the information sharing of such report; tems and space, and support for personnel from environment established under section 1016 of (2) any duplication of effort at the Federal, Member Agencies with sufficient expertise to en- the Intelligence Reform and Terrorism Preven- State, local, or tribal government level to create able analysis and interpretation of data; tion Act of 2004 (6 U.S.C. 485) and any policies, ‘‘(5) working with Member Agencies to create guidelines, procedures, instructions, or stand- biosurveillance systems; and (3) the integration of biosurveillance systems information technology systems that use the ards established by the President or the program to allow the maximizing of biosurveillance re- minimum amount of patient data necessary and manager for the implementation and manage- sources and the expertise of Federal, State, consider patient confidentiality and privacy ment of that environment. local, and tribal governments to benefit public issues at all stages of development and apprise ‘‘(B) COORDINATION.—The Directing Officer of health. the Privacy Officer of such efforts; and the NBIC shall implement the activities de- ‘‘(6) alerting relevant Member Agencies and, scribed in subparagraph (A) in coordination SEC. 603. INTERAGENCY COORDINATION TO EN- in consultation with relevant Member Agencies, with the program manager for the information HANCE DEFENSES AGAINST NU- sharing environment of the Office of the Direc- CLEAR AND RADIOLOGICAL WEAP- public health agencies of State, local, and tribal ONS OF MASS DESTRUCTION. governments regarding any incident that could tor of National Intelligence, the Under Secretary (a) IN GENERAL.—The Homeland Security Act for Intelligence and Analysis, and other offices develop into a biological event of national sig- of 2002 is amended by adding after section 1906, or agencies of the Federal Government, as ap- nificance. as redesignated by section 203 of this Act, the ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— propriate. following: ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER ‘‘(A) ensure that the NBIC is fully operational AGENCIES.— ‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL not later than September 30, 2008; ‘‘(1) IN GENERAL.—Each Member Agency NUCLEAR DETECTION ARCHITEC- ‘‘(B) not later than 180 days after the date of shall— TURE. enactment of this section and on the date that ‘‘(A) use its best efforts to integrate biosurveil- ‘‘(a) ANNUAL REVIEW.— the NBIC is fully operational, submit a report to lance information into the NBIS, with the goal ‘‘(1) IN GENERAL.—The Secretary, the Attor- the Committee on Homeland Security and Gov- of promoting information sharing between Fed- ney General, the Secretary of State, the Sec- ernmental Affairs of the Senate and the Com- eral, State, local, and tribal governments to de- retary of Defense, the Secretary of Energy, and mittee on Homeland Security of the House of tect biological events of national significance; the Director of National Intelligence shall joint- Representatives on the progress of making the ‘‘(B) participate in the formation and mainte- ly ensure interagency coordination on the devel- NBIC operational addressing the efforts of the nance of the Biological Common Operating Pic- opment and implementation of the global nu- NBIC to integrate surveillance efforts of Fed- ture to facilitate timely and accurate detection clear detection architecture by ensuring that, eral, State, local, and tribal governments. and reporting; not less frequently than once each year— ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OF- ‘‘(C) connect the biosurveillance data systems ‘‘(A) each relevant agency, office, or entity— ‘‘(i) assesses its involvement, support, and FICER OF THE NBIC.— of that Member Agency to the NBIC data system ‘‘(1) IN GENERAL.—The Directing Officer of the under mutually-agreed protocols that maintain participation in the development, revision, and NBIC shall— patient confidentiality and privacy; implementation of the global nuclear detection ‘‘(A) establish an entity to perform all oper- ‘‘(D) participate in the formation of strategy architecture; ations and assessments related to the NBIS; and policy for the operation of the NBIC and its ‘‘(ii) examines and evaluates components of ‘‘(B) on an ongoing basis, monitor the avail- information sharing; and the global nuclear detection architecture (in- ability and appropriateness of contributing sur- ‘‘(E) provide personnel to the NBIC under an cluding associated strategies and acquisition veillance systems and solicit new surveillance interagency personnel agreement and consider plans) that are related to the operations of that systems that would enhance biological situa- the qualifications of such personnel necessary to agency, office, or entity, to determine whether tional awareness or overall performance of the provide human, animal, and environmental such components incorporate and address cur- NBIS; data analysis and interpretation support to the rent threat assessments, scenarios, or intel- ‘‘(C) on an ongoing basis, review and seek to NBIC. ligence analyses developed by the Director of improve the statistical and other analytical ‘‘(h) ADMINISTRATIVE AUTHORITIES.— National Intelligence or other agencies regard- methods utilized by the NBIS; ‘‘(1) HIRING OF EXPERTS.—The Directing Offi- ing threats related to nuclear or radiological ‘‘(D) receive and consider other relevant cer of the NBIC shall hire individuals with the weapons of mass destruction; and homeland security information, as appropriate; necessary expertise to develop and operate the ‘‘(B) each agency, office, or entity deploying and NBIS. or operating any technology acquired by the Of- ‘‘(E) provide technical assistance, as appro- ‘‘(2) DETAIL OF PERSONNEL.—Upon the request fice— priate, to all Federal, regional, State, local, and of the Directing Officer of the NBIC, the head ‘‘(i) evaluates the deployment and operation tribal government entities and private sector en- of any Federal department or agency may de- of that technology by that agency, office, or en- tities that contribute data relevant to the oper- tail, on a reimbursable basis, any of the per- tity; ation of the NBIS. sonnel of that department or agency to the De- ‘‘(ii) identifies detection performance defi- ‘‘(2) ASSESSMENTS.—The Directing Officer of partment to assist the NBIC in carrying out this ciencies and operational or technical defi- the NBIC shall— section. ciencies in that technology; and

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‘‘(iii) assesses the capacity of that agency, of- (3) by adding at the end the following: ‘‘(c) ACCREDITATION AND CERTIFICATION fice, or entity to implement the responsibilities ‘‘(C) advise the Secretary on private sector PROCESSES.— of that agency, office, or entity under the global preparedness issues, including effective methods ‘‘(1) AGREEMENT.— nuclear detection architecture. for— ‘‘(A) IN GENERAL.—Not later than 120 days ‘‘(2) TECHNOLOGY.—Not less frequently than ‘‘(i) promoting voluntary national prepared- after the date of enactment of this section, the once each year, the Secretary shall examine and ness standards to the private sector; Secretary shall enter into 1 or more agreements evaluate the development, assessment, and ac- ‘‘(ii) assisting the private sector in adopting with the American National Standards Institute quisition of technology by the Office. voluntary national preparedness standards; and or other similarly qualified nongovernmental or ‘‘(b) ANNUAL REPORT.— ‘‘(iii) developing and implementing the accred- other private sector entities to carry out accredi- ‘‘(1) IN GENERAL.—Not later than March 31 of itation and certification program under section tations and oversee the certification process each year, the Secretary, in coordination with 522;’’. under this section. the Attorney General, the Secretary of State, the SEC. 703. VOLUNTARY NATIONAL PREPAREDNESS ‘‘(B) CONTENTS.—Any selected entity shall Secretary of Defense, the Secretary of Energy, STANDARDS COMPLIANCE; ACCREDI- manage the accreditation process and oversee and the Director of National Intelligence, shall TATION AND CERTIFICATION PRO- the certification process in accordance with the submit a report regarding the compliance of GRAM FOR THE PRIVATE SECTOR. program established under this section and ac- such officials with this section and the results of (a) IN GENERAL.—Title V of the Homeland Se- credit qualified third parties to carry out the the reviews required under subsection (a) to— curity Act of 2002 (6 U.S.C. 311 et seq.) is amend- certification program established under this sec- ‘‘(A) the President; ed by adding at the end the following: tion. ‘‘(B) the Committee on Appropriations, the ‘‘SEC. 522. VOLUNTARY NATIONAL PREPARED- ‘‘(2) PROCEDURES AND REQUIREMENTS FOR AC- Committee on Armed Services, and the Com- NESS STANDARDS COMPLIANCE; AC- CREDITATION AND CERTIFICATION.— mittee on Homeland Security and Governmental CREDITATION AND CERTIFICATION ‘‘(A) IN GENERAL.—The selected entities shall Affairs of the Senate; and PROGRAM FOR THE PRIVATE SEC- collaborate to develop procedures and require- ‘‘(C) the Committee on Appropriations, the TOR. ments for the accreditation and certification Committee on Armed Services, and the Com- ‘‘(a) ACCREDITATION AND CERTIFICATION PRO- processes under this section, in accordance with mittee on Homeland Security of the House of GRAM.—Not later than 120 days after the date of the program established under this section and Representatives. enactment of this section, the Secretary, in con- guidelines developed under subsection (b)(1)(B). ‘‘(2) FORM.—Each report submitted under sultation with representatives of the organiza- ‘‘(B) CONTENTS AND USE.—The procedures and paragraph (1) shall be submitted in unclassified tions that coordinate or facilitate the develop- requirements developed under subparagraph (A) form to the maximum extent practicable, but ment of and use of voluntary consensus stand- shall— may include a classified annex. ards, appropriate voluntary consensus stand- ‘‘(i) ensure reasonable uniformity in the ac- ‘‘(c) DEFINITION.—In this section, the term ards development organizations, and each pri- creditation and certification processes if there is ‘global nuclear detection architecture’ means vate sector advisory council created under sec- more than 1 selected entity; and the global nuclear detection architecture devel- tion 102(f)(4), shall— ‘‘(ii) be used by any selected entity in con- oped under section 1902.’’. ‘‘(1) support the development, promulgating, ducting accreditations and overseeing the cer- (b) TECHNICAL AND CONFORMING AMEND- and updating, as necessary, of voluntary na- tification process under this section. MENT.—The table of contents in section 1(b) of tional preparedness standards; and ‘‘(C) DISAGREEMENT.—Any disagreement the Homeland Security Act of 2002 (6 U.S.C. 101 ‘‘(2) develop, implement, and promote a pro- among selected entities in developing procedures note) is amended by inserting after the item re- gram to certify the preparedness of private sec- under subparagraph (A) shall be resolved by the lating to section 1906, as added by section 203 of tor entities. Secretary. this Act, the following: ‘‘(b) PROGRAM ELEMENTS.— ‘‘(3) DESIGNATION.—A selected entity may ac- ‘‘(1) IN GENERAL.— ‘‘Sec. 1907. Joint annual review of global nu- credit any qualified third party to carry out the ‘‘(A) PROGRAM.—The program developed and clear detection architecture.’’. certification process under this section. implemented under this section shall assess ‘‘(4) THIRD PARTIES.—To be accredited under TITLE VII—PRIVATE SECTOR whether a private sector entity complies with paragraph (3), a third party shall— PREPAREDNESS voluntary national preparedness standards. ‘‘(A) demonstrate that the third party has the SEC. 701. DEFINITIONS. ‘‘(B) GUIDELINES.—In developing the program ability to certify private sector entities in ac- (a) IN GENERAL.—In this title, the term ‘‘vol- under this section, the Secretary shall develop cordance with the procedures and requirements untary national preparedness standards’’ has guidelines for the accreditation and certification developed under paragraph (2); the meaning given that term in section 2 of the processes established under this section. ‘‘(B) agree to perform certifications in accord- Homeland Security Act of 2002 (6 U.S.C. 101), as ‘‘(2) STANDARDS.—The Secretary, in consulta- ance with such procedures and requirements; amended by this Act. tion with the American National Standards In- ‘‘(C) agree not to have any beneficial interest (b) HOMELAND SECURITY ACT OF 2002.—Sec- stitute and representatives of appropriate vol- in or any direct or indirect control over— tion 2 of the Homeland Security Act of 2002 (6 untary consensus standards development orga- ‘‘(i) a private sector entity for which that U.S.C. 101) is amended by adding at the end the nizations and each private sector advisory coun- third party conducts a certification under this following: cil created under section 102(f)(4)— section; or ‘‘(17) The term ‘voluntary national prepared- ‘‘(A) shall adopt appropriate voluntary na- ‘‘(ii) any organization that provides prepared- ness standards’ means a common set of criteria tional preparedness standards that promote pre- ness consulting services to private sector enti- for preparedness, disaster management, emer- paredness, which shall be used in the accredita- ties; gency management, and business continuity tion and certification program under this sec- ‘‘(D) agree not to have any other conflict of programs, such as the American National tion; and interest with respect to any private sector entity Standards Institute’s National Fire Protection ‘‘(B) after the adoption of standards under for which that third party conducts a certifi- Association Standard on Disaster/Emergency subparagraph (A), may adopt additional vol- cation under this section; Management and Business Continuity Programs untary national preparedness standards or mod- ‘‘(E) maintain liability insurance coverage at (ANSI/NFPA 1600).’’. ify or discontinue the use of voluntary national policy limits in accordance with the require- SEC. 702. RESPONSIBILITIES OF THE PRIVATE preparedness standards for the accreditation ments developed under paragraph (2); and SECTOR OFFICE OF THE DEPART- and certification program, as necessary and ap- ‘‘(F) enter into an agreement with the selected MENT. propriate to promote preparedness. entity accrediting that third party to protect (a) IN GENERAL.—Section 102(f) of the Home- ‘‘(3) TIERING.—The certification program de- any proprietary information of a private sector land Security Act of 2002 (6 U.S.C. 112(f)) is veloped under this section may use a multiple- entity obtained under this section. amended— tiered system to rate the preparedness of a pri- ‘‘(5) MONITORING.— (1) by redesignating paragraphs (8) through vate sector entity. ‘‘(A) IN GENERAL.—The Secretary and any se- (10) as paragraphs (9) through (11), respectively; ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec- lected entity shall regularly monitor and inspect and retary and any selected entity shall establish the operations of any third party conducting (2) by inserting after paragraph (7) the fol- separate classifications and methods of certifi- certifications under this section to ensure that lowing: cation for small business concerns (as that term third party is complying with the procedures ‘‘(8) providing information to the private sec- is defined in section 3 of the Small Business Act and requirements established under paragraph tor regarding voluntary national preparedness (15 U.S.C. 632)) for the program under this sec- (2) and all other applicable requirements. standards and the business justification for pre- tion. ‘‘(B) REVOCATION.—If the Secretary or any se- paredness and promoting to the private sector ‘‘(5) CONSIDERATIONS.—In developing and im- lected entity determines that a third party is not the adoption of voluntary national preparedness plementing the program under this section, the meeting the procedures or requirements estab- standards;’’. Secretary shall— lished under paragraph (2), the appropriate se- (b) PRIVATE SECTOR ADVISORY COUNCILS.— ‘‘(A) consider the needs of the insurance in- lected entity shall— Section 102(f)(4) of the Homeland Security Act dustry, the credit-ratings industry, and other ‘‘(i) revoke the accreditation of that third of 2002 (6 U.S.C. 112(f)(4)) is amended— industries that may consider preparedness of party to conduct certifications under this sec- (1) in subparagraph (A), by striking ‘‘and’’ at private sector entities, to assess the prepared- tion; and the end; ness of private sector entities; and ‘‘(ii) review any certification conducted by (2) in subparagraph (B), by adding ‘‘and’’ at ‘‘(B) ensure the program accommodates those that third party, as necessary and appropriate. the end; and needs where appropriate and feasible. ‘‘(d) ANNUAL REVIEW.—

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‘‘(1) IN GENERAL.—The Secretary, in consulta- (2) in subparagraph (D)— (2) by redesignating clause (iv) as clause (v); tion with representatives of the organizations (A) by striking ‘‘and local’’ and inserting ‘‘, and that coordinate or facilitate the development of local, and tribal’’; and (3) by inserting after clause (iii) the following: and use of voluntary consensus standards, ap- (B) by striking ‘‘private sector cooperation ‘‘(iv) the transportation sector specific plan propriate voluntary consensus standards devel- and participation’’ and inserting ‘‘cooperation required under Homeland Security Presidential opment organizations, and each private sector and participation by private sector entities and Directive-7; and’’. advisory council created under section 102(f)(4), nonprofit employee labor organizations’’; (e) COORDINATION AND PLAN DISTRIBUTION.— shall annually review the voluntary accredita- (3) in subparagraph (E)— Section 114(t) of such title is amended by adding tion and certification program established under (A) by striking ‘‘response’’ and inserting ‘‘pre- at the end the following: this section to ensure the effectiveness of such vention, response,’’; and ‘‘(6) COORDINATION.—In carrying out the re- program and make improvements and adjust- (B) by inserting ‘‘and threatened and exe- sponsibilities under this section, the Secretary of ments to the program as necessary and appro- cuted acts of terrorism outside the United States Homeland Security, in consultation with the priate. to the extent such acts affect United States Secretary of Transportation, shall consult with ‘‘(2) REVIEW OF STANDARDS.—Each review transportation systems’’ before the period at the Federal, State, and local agencies, tribal govern- under paragraph (1) shall include an assessment end; ments, private sector entities (including non- of the voluntary national preparedness stand- (4) in subparagraph (F), by adding at the end profit employee labor organizations), institu- ards used in the program under this section. the following: ‘‘Transportation security research tions of higher learning, and other appropriate ‘‘(e) VOLUNTARY PARTICIPATION.—Certifi- and development projects initiated by the Sec- entities. cation under this section shall be voluntary for retary of Homeland Security shall be based on ‘‘(7) PLAN DISTRIBUTION.—The Secretary of any private sector entity. such prioritization.’’; and Homeland Security shall provide an unclassified ‘‘(f) PUBLIC LISTING.—The Secretary shall (5) by adding at the end the following: version of the National Strategy for Transpor- maintain and make public a listing of any pri- ‘‘(G) Short- and long-term budget rec- tation Security, including its component trans- vate sector entity certified as being in compli- ommendations for Federal transportation secu- portation modal security plans, to Federal, ance with the program established under this rity programs, which reflect the priorities of the State, regional, local and tribal authorities, section, if that private sector entity consents to National Strategy for Transportation Security. transportation system owners or operators, pri- such listing. ‘‘(H) Methods for linking the individual trans- vate sector stakeholders (including non-profit ‘‘(g) DEFINITION.—In this section, the term portation modal security plans and the pro- employee labor organizations), institutions of ‘selected entity’ means any entity entering an grams contained therein, and a plan for ad- higher learning, and other appropriate enti- agreement with the Secretary under subsection dressing the security needs of intermodal trans- ties.’’. (c)(1)(A).’’. portation hubs. ‘‘(I) Transportation security modal and inter- SEC. 802. TRANSPORTATION SECURITY INFORMA- (b) TECHNICAL AND CONFORMING AMEND- TION SHARING. modal plans, including operational recovery MENT.—The table of contents in section 1(b) of (a) IN GENERAL.—Section 114 of title 49, plans to expedite, to the maximum extent prac- the Homeland Security Act of 2002 (6 U.S.C. 101 United States Code, is amended by adding at the ticable, the return of an adversely affected et seq.) is amended by inserting after the item end the following: transportation system to its normal performance relating to section 521 the following: ‘‘(u) TRANSPORTATION SECURITY INFORMATION level preceding a major terrorist attack on that ‘‘Sec. 522. Voluntary national preparedness SHARING PLAN.— system or another catastrophe. These plans standards compliance; accredita- ‘‘(1) ESTABLISHMENT OF PLAN.—The Secretary shall be coordinated with the resumption of tion and certification program for of Homeland Security, in consultation with the trade protocols required under section 202 of the the private sector.’’. program manager of the information sharing en- SAFE Port Act (6 U.S.C. 942).’’. SEC. 704. SENSE OF CONGRESS REGARDING PRO- vironment established under section 1016 of the (c) PERIODIC PROGRESS REPORTS.—Section MOTING AN INTERNATIONAL STAND- Intelligence Reform and Terrorism Prevention ARD FOR PRIVATE SECTOR PRE- 114(t)(4) of such title is amended— (1) in subparagraph (C)— Act of 2004 (6 U.S.C. 485), the Secretary of PAREDNESS. Transportation, and public and private stake- It is the sense of Congress that the Secretary (A) in clause (i), by inserting ‘‘, including the transportation modal security plans’’ before the holders, shall establish a Transportation Secu- or any entity designated under section rity Information Sharing Plan. 522(c)(1)(A) of the Homeland Security Act of period at the end; and (B) by striking clause (ii) and inserting the ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro- 2002, as added by this Act, should promote, mote sharing of transportation security informa- where appropriate, efforts to develop a con- following: ‘‘(ii) CONTENT.—Each progress report sub- tion between the Department of Homeland Secu- sistent international standard for private sector mitted under this subparagraph shall include rity and public and private stakeholders. preparedness. the following: ‘‘(3) CONTENT OF PLAN.—The Plan shall in- SEC. 705. REPORT TO CONGRESS. ‘‘(I) Recommendations for improving and im- clude— Not later than 180 days after the date of en- plementing the National Strategy for Transpor- ‘‘(A) a description of how intelligence ana- actment of this Act, the Secretary shall submit tation Security and the transportation modal lysts within the Department of Homeland Secu- to the Committee on Homeland Security and and intermodal security plans that the Sec- rity will coordinate their activities within the Governmental Affairs of the Senate and the retary of Homeland Security, in consultation Department and with other Federal, State, and Committee on Homeland Security of the House with the Secretary of Transportation, considers local agencies, and tribal governments; of Representatives a report detailing— appropriate. ‘‘(B) an assignment of a single point of con- (1) any action taken to implement this title or ‘‘(II) An accounting of all grants for transpor- tact for and within the Department of Home- an amendment made by this title; and tation security, including grants for research land Security for its sharing of transportation (2) the status, as of the date of that report, of and development, distributed by the Secretary of security information with public and private the implementation of this title and the amend- Homeland Security in the most recently con- stakeholders; ments made by this title. cluded fiscal year and a description of how such ‘‘(C) a demonstration of input on the develop- SEC. 706. RULE OF CONSTRUCTION. grants accomplished the goals of the National ment of the Plan from private and public stake- Nothing in this title may be construed to Strategy for Transportation Security. holders and the program manager of the infor- supercede any preparedness or business con- ‘‘(III) An accounting of all— mation sharing environment established under tinuity standards or requirements established ‘‘(aa) funds requested in the President’s budg- section 1016 of the Intelligence Reform and Ter- under any other provision of Federal law. et submitted pursuant to section 1105 of title 31 rorism Prevention Act of 2004 (6 U.S.C. 485); TITLE VIII—TRANSPORTATION SECURITY for the most recently concluded fiscal year for ‘‘(D) a reasonable deadline by which the Plan PLANNING AND INFORMATION SHARING transportation security, by mode; and will be implemented; and SEC. 801. TRANSPORTATION SECURITY STRA- ‘‘(bb) personnel working on transportation se- ‘‘(E) a description of resource needs for ful- TEGIC PLANNING. curity issues, including the number of contrac- filling the Plan. (a) IN GENERAL.—Section 114(t)(1)(B) of title tors. ‘‘(4) COORDINATION WITH THE INFORMATION 49, United States Code, is amended to read as ‘‘(iii) WRITTEN EXPLANATION OF TRANSPOR- SHARING ENVIRONMENT.—The Plan shall be— follows: TATION SECURITY ACTIVITIES NOT DELINEATED IN ‘‘(A) implemented in coordination with the ‘‘(B) transportation modal and intermodal se- THE NATIONAL STRATEGY FOR TRANSPORTATION program manager for the information sharing curity plans addressing risks, threats, and SECURITY.—At the end of each year, the Sec- environment established under section 1016 of vulnerabilities for aviation, bridge, tunnel, com- retary of Homeland Security shall submit to the the Intelligence Reform and Terrorism Preven- muter rail and ferry, highway, maritime, pipe- appropriate congressional committees a written tion Act of 2004 (6 U.S.C. 485); and line, rail, mass transit, over-the-road bus, and explanation of any activity inconsistent with, or ‘‘(B) consistent with and support the estab- other public transportation infrastructure as- not clearly delineated in, the National Strategy lishment of that environment, and any policies, sets.’’. for Transportation Security, including the guidelines, procedures, instructions, or stand- (b) CONTENTS OF THE NATIONAL STRATEGY FOR amount of funds to be expended for the activ- ards established by the President or the program TRANSPORTATION SECURITY.—Section 114(t)(3) of ity.’’; and manager for the implementation and manage- such title is amended— (2) in subparagraph (E), by striking ‘‘Select’’. ment of that environment. (1) in subparagraph (B), by inserting ‘‘, based (d) PRIORITY STATUS.—Section 114(t)(5)(B) of ‘‘(5) REPORTS TO CONGRESS.— on risk assessments conducted by the Secretary such title is amended— ‘‘(A) IN GENERAL.—Not later than 180 days of Homeland Security,’’ after ‘‘risk based prior- (1) in clause (iii), by striking ‘‘and’’ at the after the date of enactment of this subsection, ities’’; end; the Secretary shall submit to the appropriate

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.008 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2313 congressional committees a report containing (1) if no stakeholders have been added to or re- (B) a comparison of the relative advantages the Plan. moved from the group of persons with whom and disadvantages of each of those pay systems; ‘‘(B) ANNUAL REPORT.—Not later than 1 year transportation security information is shared and after the date of enactment of this subsection, under the plan since the end of the period cov- (C) such other matters as the Comptroller the Secretary shall submit to the appropriate ered by the last preceding semiannual report. General determines appropriate. congressional committees an annual report on SEC. 803. TRANSPORTATION SECURITY ADMINIS- (e) PERSONNEL MANAGEMENT SYSTEM DE- updates to and the implementation of the Plan. TRATION PERSONNEL MANAGE- SCRIBED.—A personnel management system de- ‘‘(6) SURVEY.— MENT. scribed in this subsection is— ‘‘(A) IN GENERAL.—The Secretary shall con- (a) TSA EMPLOYEE DEFINED.—In this section, (1) any personnel management system, to the duct an annual survey of the satisfaction of the term ‘‘TSA employee’’ means an individual extent that it applies with respect to any TSA each of the recipients of transportation intel- who holds— employees under section 114(n) of title 49, ligence reports disseminated under the Plan, (1) any position which was transferred (or the United States Code; and and include the results of the survey as part of incumbent of which was transferred) from the (2) any human resources management system, the annual report to be submitted under para- Transportation Security Administration of the established under chapter 97 of title 5, United graph (5)(B). Department of Transportation to the Depart- States Code. ment by section 403 of the Homeland Security ‘‘(B) INFORMATION SOUGHT.—The annual sur- TITLE IX—INCIDENT COMMAND SYSTEM vey conducted under subparagraph (A) shall Act of 2002 (6 U.S.C. 203); or seek information about the quality, speed, regu- (2) any other position within the Department SEC. 901. PREIDENTIFYING AND EVALUATING larity, and classification of the transportation the duties and responsibilities of which include MULTIJURISDICTIONAL FACILITIES carrying out 1 or more of the functions that TO STRENGTHEN INCIDENT COM- security information products disseminated from MAND; PRIVATE SECTOR PREPARED- the Department of Homeland Security to public were transferred from the Transportation Secu- rity Administration of the Department of Trans- NESS. and private stakeholders. Section 507(c)(2) of the Homeland Security Act ‘‘(7) SECURITY CLEARANCES.—The Secretary, to portation to the Secretary by such section. (b) ELIMINATION OF CERTAIN PERSONNEL MAN- of 2002 (6 U.S.C. 317(c)(2)) is amended— the greatest extent practicable, shall facilitate AGEMENT AUTHORITIES.—Effective 90 days after (1) in subparagraph (H), by striking ‘‘and’’ at the security clearances needed for public and the date of enactment of this Act— the end; private stakeholders to receive and obtain access (1) section 111(d) of the Aviation and Trans- (2) by redesignating subparagraph (I) as sub- to classified information as appropriate. portation Security Act (49 U.S.C. 44935 note) is paragraph (K); and ‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec- repealed and any authority of the Secretary de- (3) by inserting after subparagraph (H) the retary, to the greatest extent practicable, shall rived from such section 111(d) shall terminate; following: provide public and private stakeholders with (2) any personnel management system, to the ‘‘(I) coordinating with the private sector to specific and actionable information in an un- extent established or modified under such sec- help ensure private sector preparedness for nat- classified format. tion 111(d) (including by the Secretary through ural disasters, acts of terrorism, or other man- ‘‘(9) DEFINITIONS.—In this subsection: the exercise of any authority derived from such made disasters; ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT- section 111(d)) shall terminate; and ‘‘(J) assisting State, local, or tribal govern- TEES.—The term ‘appropriate congressional com- (3) the Secretary shall ensure that all TSA em- ments, where appropriate, to preidentify and mittees’ has the meaning given that term in sub- ployees are subject to the same personnel man- evaluate suitable sites where a multijuris- section (t). agement system as described in paragraph (1) or dictional incident command system can be ‘‘(B) PLAN.—The term ‘Plan’ means the (2) of subsection (e). quickly established and operated from, if the Transportation Security Information Sharing (c) ESTABLISHMENT OF CERTAIN UNIFORMITY need for such a system arises; and’’. Plan established under paragraph (1). REQUIREMENTS.— SEC. 902. CREDENTIALING AND TYPING TO ‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.— (1) SYSTEM UNDER SUBSECTION (e)(1).—The STRENGTHEN INCIDENT COMMAND. The term ‘public and private stakeholders’ Secretary shall, with respect to any personnel (a) IN GENERAL.—Title V of the Homeland Se- means Federal, State, and local agencies, tribal management system described in subsection curity Act of 2002 (6 U.S.C. 331 et seq.) is amend- governments, and appropriate private entities, (e)(1), take any measures which may be nec- ed— including nonprofit employee labor organiza- essary to provide for the uniform treatment of (1) by striking section 510 and inserting the tions. all TSA employees under such system. following: ‘‘(D) SECRETARY.—The term ‘Secretary’ means (2) SYSTEM UNDER SUBSECTION (e)(2).—Section the Secretary of Homeland Security. 9701(b) of title 5, United States Code, is amend- ‘‘SEC. 510. CREDENTIALING AND TYPING. ‘‘(E) TRANSPORTATION SECURITY INFORMA- ed— ‘‘(a) CREDENTIALING.— TION.—The term ‘transportation security infor- (A) in paragraph (4), by striking ‘‘and’’ at the ‘‘(1) DEFINITIONS.—In this subsection— mation’ means information relating to the end; ‘‘(A) the term ‘credential’ means to provide threats to and vulnerabilities and consequences (B) in paragraph (5), by striking the period at documentation that can authenticate and verify of transportation modes, including aviation, the end and inserting ‘‘; and’’; and the qualifications and identity of managers of bridge and tunnel, mass transit, passenger and (C) by adding at the end the following: incidents, emergency response providers, and freight rail, ferry, highway, maritime, pipeline, ‘‘(6) provide for the uniform treatment of all other appropriate personnel, including by en- and over-the-road bus transportation.’’. TSA employees (as that term is defined in sec- suring that such personnel possess a minimum (b) CONGRESSIONAL OVERSIGHT OF SECURITY tion 803 of the Improving America’s Security Act common level of training, experience, physical ASSURANCE FOR PUBLIC AND PRIVATE STAKE- of 2007).’’. and medical fitness, and capability appropriate (3) EFFECTIVE DATE.— HOLDERS.— for their position; (A) PROVISIONS RELATING TO A SYSTEM UNDER (1) IN GENERAL.—Except as provided in para- ‘‘(B) the term ‘credentialing’ means evalu- SUBSECTION (e)(1).—Any measures necessary to graph (2), the Secretary shall provide a semi- ating an individual’s qualifications for a spe- carry out paragraph (1) shall take effect 90 days annual report to the Committee on Homeland cific position under guidelines created under after the date of enactment of this Act. Security and Governmental Affairs and the this subsection and assigning such individual a (B) PROVISIONS RELATING TO A SYSTEM UNDER Committee on Commerce, Science, and Transpor- qualification under the standards developed SUBSECTION (e)(2).—Any measures necessary to tation of the Senate and the Committee on under this subsection; and carry out the amendments made by paragraph Homeland Security and the Committee on ‘‘(C) the term ‘credentialed’ means an indi- (2) shall take effect on the later of 90 days after Transportation and Infrastructure of the House vidual has been evaluated for a specific position the date of enactment of this Act and the com- of Representatives that— under the guidelines created under this sub- mencement date of the system involved. (A) identifies the job titles and descriptions of section. (d) REPORT TO CONGRESS.— ‘‘(2) REQUIREMENTS.— the persons with whom such information is to be (1) REPORT REQUIRED.—Not later than 6 shared under the transportation security infor- months after the date of enactment of this Act, ‘‘(A) IN GENERAL.—The Administrator shall mation sharing plan established under section the Comptroller General of the United States enter into a memorandum of understanding 114(u) of title 49, United States Code, as added shall submit to the Committee on Homeland Se- with the administrators of the Emergency Man- by this Act, and explains the reason for sharing curity and Governmental Affairs of the Senate agement Assistance Compact, State, local, and the information with such persons; and the Committee on Homeland Security of the tribal governments, emergency response pro- (B) describes the measures the Secretary has House of Representatives a report on— viders, and the organizations that represent taken, under section 114(u)(7) of that title, or (A) the pay system that applies with respect to such providers, to collaborate on establishing otherwise, to ensure proper treatment and secu- TSA employees as of the date of enactment of nationwide standards for credentialing all per- rity for any classified information to be shared this Act; and sonnel who are likely to respond to a natural with the public and private stakeholders under (B) any changes to such system which would disaster, act of terrorism, or other man-made the plan; and be made under any regulations which have been disaster. (C) explains the reason for the denial of trans- prescribed under chapter 97 of title 5, United ‘‘(B) CONTENTS.—The standards developed portation security information to any stake- States Code. under subparagraph (A) shall— holder who had previously received such infor- (2) MATTERS FOR INCLUSION.—The report re- ‘‘(i) include the minimum professional quali- mation. quired under paragraph (1) shall include— fications, certifications, training, and education (2) NO REPORT REQUIRED IF NO CHANGES IN (A) a brief description of each pay system de- requirements for specific emergency response STAKEHOLDERS.—The Secretary is not required scribed in paragraphs (1)(A) and (1)(B), respec- functional positions that are applicable to Fed- to provide a semiannual report under paragraph tively; eral, State, local, and tribal government;

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‘‘(ii) be compatible with the National Incident that represent such providers, provide detailed ‘‘(C) LEADERSHIP.—The Administrator shall Management System; and written guidance, assistance, and expertise to provide leadership, guidance, and technical as- ‘‘(iii) be consistent with standards for advance State, local, and tribal governments to facilitate sistance to an agency described in subparagraph registration for health professions volunteers the credentialing of State, local, and tribal (A) to facilitate the typing process of that agen- under section 319I of the Public Health Services emergency response providers commonly or like- cy. Act (42 U.S.C. 247d–7b). ly to be used in responding to a natural dis- ‘‘(5) DOCUMENTATION AND DATABASE SYS- ‘‘(C) TIMEFRAME.—The Administrator shall aster, act of terrorism, or other man-made dis- TEM.— develop standards under subparagraph (A) not aster; and later than 6 months after the date of enactment ‘‘(B) in coordination with the administrators ‘‘(A) IN GENERAL.—Not later than 1 year after of the Improving America’s Security Act of 2007. of the Emergency Management Assistance Com- the date of enactment of the Improving Amer- ‘‘(3) CREDENTIALING OF DEPARTMENT PER- pact, State, local, and tribal governments, emer- ica’s Security Act of 2007, the Administrator SONNEL.— gency response providers (and the organizations shall establish and maintain a documentation ‘‘(A) IN GENERAL.—Not later than 1 year after that represent such providers), and appropriate and database system of Federal resources and the date of enactment of the Improving Amer- national professional organizations, assist assets commonly or likely to be used to respond ica’s Security Act of 2007, the Secretary and the State, local, and tribal governments with to a natural disaster, act of terrorism, or other Administrator shall ensure that all personnel of credentialing the personnel of the State, local, man-made disaster. the Department (including temporary personnel or tribal government under the guidance pro- ‘‘(B) ACCESSIBILITY.—The documentation and and individuals in the Surge Capacity Force es- vided under subparagraph (A). database system established under subpara- tablished under section 624 of the Post-Katrina ‘‘(7) REPORT.—Not later than 6 months after graph (A) shall be accessible to the Federal co- Emergency Management Reform Act of 2006 (6 the date of enactment of the Improving Amer- ordinating officer and other appropriate offi- U.S.C. 711)) who are likely to respond to a nat- ica’s Security Act of 2007, and annually there- cials preparing for or responding to a natural ural disaster, act of terrorism, or other man- after, the Administrator shall submit to the disaster, act of terrorism, or other man-made made disaster are credentialed. Committee on Homeland Security and Govern- disaster. ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—Not mental Affairs of the Senate and the Committee ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- later than 90 days after completion of the on Homeland Security of the House of Rep- MENTS.—Not later than 6 months after the date credentialing under subparagraph (A), the Ad- resentatives a report describing the implementa- of enactment of the Improving America’s Secu- ministrator shall evaluate whether the work- tion of this subsection, including the number rity Act of 2007, the Administrator, in collabora- force of the Agency complies with the strategic and level of qualification of Federal personnel tion with the administrators of the Emergency human capital plan of the Agency developed trained and ready to respond to a natural dis- Management Assistance Compact, State, local, under section 10102 of title 5, United States aster, act of terrorism, or other man-made dis- and tribal governments, emergency response Code, and is sufficient to respond to a cata- aster. providers, and the organizations that represent strophic incident. ‘‘(b) TYPING OF RESOURCES.— such providers, shall— ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE ‘‘(1) DEFINITIONS.—In this subsection— PLAN.— ‘‘(A) the term ‘typed’ means an asset or re- ‘‘(A) provide detailed written guidance, assist- ‘‘(A) DISTRIBUTION OF STANDARDS.—Not later source that has been evaluated for a specific ance, and expertise to State, local, and tribal than 6 months after the date of enactment of the function under the guidelines created under this governments to facilitate the typing of the re- Improving America’s Security Act of 2007, the section; and sources and assets of State, local, and tribal Administrator shall provide the standards devel- ‘‘(B) the term ‘typing’ means to define in de- governments likely to be used in responding to a oped under paragraph (2) to all Federal agen- tail the minimum capabilities of an asset or re- natural disaster, act of terrorism, or other man- cies that have responsibilities under the Na- source. made disaster; and tional Response Plan. ‘‘(2) REQUIREMENTS.— ‘‘(B) assist State, local, and tribal govern- ‘‘(B) CREDENTIALING OF AGENCIES.—Not later ‘‘(A) IN GENERAL.—The Administrator shall ments with typing resources and assets of State, than 6 months after the date on which the enter into a memorandum of understanding local, or tribal governments under the guidance standards are provided under subparagraph (A), with the administrators of the Emergency Man- provided under subparagraph (A). each agency described in subparagraph (A) agement Assistance Compact, State, local, and ‘‘(7) REPORT.—Not later than 6 months after shall— tribal governments, emergency response pro- the date of enactment of the Improving Amer- ‘‘(i) ensure that all employees or volunteers of viders, and organizations that represent such ica’s Security Act of 2007, and annually there- that agency who are likely to respond to a nat- providers, to collaborate on establishing nation- after, the Administrator shall submit to the ural disaster, act of terrorism, or other man- wide standards for typing of resources com- Committee on Homeland Security and Govern- made disaster are credentialed; and monly or likely to be used in responding to a mental Affairs of the Senate and the Committee ‘‘(ii) submit to the Secretary the name of each natural disaster, act of terrorism, or other man- on Homeland Security of the House of Rep- credentialed employee or volunteer of such made disaster. resentatives a report describing the implementa- agency. ‘‘(B) CONTENTS.—The standards developed tion of this subsection, including the number ‘‘(C) LEADERSHIP.—The Administrator shall under subparagraph (A) shall— provide leadership, guidance, and technical as- ‘‘(i) be applicable to Federal, State, local, and and type of Federal resources and assets ready sistance to an agency described in subparagraph tribal government; and to respond to a natural disaster, act of ter- (A) to facilitate the credentialing process of that ‘‘(ii) be compatible with the National Incident rorism, or other man-made disaster. agency. Management System. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) DOCUMENTATION AND DATABASE SYS- ‘‘(3) TYPING OF DEPARTMENT RESOURCES AND There are authorized to be appropriated such TEM.— ASSETS.—Not later than 1 year after the date of sums as necessary to carry out this section.’’; ‘‘(A) IN GENERAL.—Not later than 1 year after enactment of the Improving America’s Security and the date of enactment of the Improving Amer- Act of 2007, the Secretary shall ensure that all (2) by adding after section 522, as added by ica’s Security Act of 2007, the Administrator resources and assets of the Department that are section 703 of this Act, the following: shall establish and maintain a documentation commonly or likely to be used to respond to a and database system of Federal emergency re- natural disaster, act of terrorism, or other man- ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRIT- sponse providers and all other Federal personnel made disaster are typed. ICAL INFRASTRUCTURE. credentialed to respond to a natural disaster, ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE ‘‘Not later than 6 months after the date of en- act of terrorism, or other man-made disaster. PLAN.— actment of the Improving America’s Security Act ‘‘(B) ACCESSIBILITY.—The documentation and ‘‘(A) DISTRIBUTION OF STANDARDS.—Not later of 2007, and in coordination with appropriate database system established under subpara- than 6 months after the date of enactment of the national professional organizations, Federal, graph (1) shall be accessible to the Federal co- Improving America’s Security Act of 2007, the State, local, and tribal government agencies, ordinating officer and other appropriate offi- Administrator shall provide the standards devel- and private-sector and nongovernmental enti- cials preparing for or responding to a natural oped under paragraph (2) to all Federal agen- ties, the Administrator shall create model stand- disaster, act of terrorism, or other man-made cies that have responsibilities under the Na- ards or guidelines that States may adopt in con- disaster. tional Response Plan. junction with critical infrastructure owners and ‘‘(C) CONSIDERATIONS.—The Administrator ‘‘(B) TYPING OF AGENCIES, ASSETS, AND RE- operators and their employees to permit access shall consider whether the credentialing system SOURCES.—Not later than 6 months after the to restricted areas in the event of a natural dis- can be used to regulate access to areas affected date on which the standards are provided under aster, act of terrorism, or other man-made dis- by a natural disaster, act of terrorism, or other subparagraph (A), each agency described in aster.’’. man-made disaster. subparagraph (A) shall— (b) TECHNICAL AND CONFORMING AMEND- ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- ‘‘(i) ensure that all resources and assets (in- MENT.—The table of contents in section 1(b) of MENTS.—Not later than 6 months after the date cluding teams, equipment, and other assets) of the Homeland Security Act of 2002 (6 U.S.C. of enactment of the Improving America’s Secu- that agency that are commonly or likely to be 101(b)) is amended by inserting after the item re- rity Act of 2007, the Administrator shall— used to respond to a natural disaster, act of ter- lating to section 522, as added by section 703 of ‘‘(A) in collaboration with the administrators rorism, or other man-made disaster are typed; this Act, the following: of the Emergency Management Assistance Com- and pact, State, local, and tribal governments, emer- ‘‘(ii) submit to the Secretary a list of all types ‘‘Sec. 523. Providing secure access to critical in- gency response providers, and the organizations resources and assets. frastructure.’’.

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.008 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2315 TITLE X—CRITICAL INFRASTRUCTURE ability assessment or risk assessment prepared of the National Security Act of 1947 (50 U.S.C. PROTECTION by another Federal agency that the Department 401a(6)). SEC. 1001. CRITICAL INFRASTRUCTURE PROTEC- determines is prepared in coordination with SEC. 1102. RESPONSE OF INTELLIGENCE COMMU- TION. other initiatives of the Department relating to NITY TO REQUESTS FROM CON- (a) CRITICAL INFRASTRUCTURE LIST.—Not later critical infrastructure or key resource protection GRESS. than 90 days after the date of enactment of this and partnerships between the government and (a) RESPONSE OF INTELLIGENCE COMMUNITY TO Act, and in coordination with other initiatives private sector, if the Department certifies in the REQUESTS FROM CONGRESS FOR INTELLIGENCE of the Secretary relating to critical infrastruc- applicable report submitted under subsection (b) DOCUMENTS AND INFORMATION.—Title V of the ture or key resource protection and partnerships that the Department— National Security Act of 1947 (50 U.S.C. 413 et between the government and private sector, the (A) reviewed the methodology and analysis of seq.) is amended by adding at the end the fol- Secretary shall establish a risk-based prioritized the assessment upon which the Department re- lowing new section: list of critical infrastructure and key resources lied; and ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO RE- that— (B) determined that assessment is reliable. QUESTS FROM CONGRESS FOR INTELLIGENCE (1) includes assets or systems that, if success- (b) REPORT.— DOCUMENTS AND INFORMATION (1) IN GENERAL.—Not later than 6 months fully destroyed or disrupted through a terrorist ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— after the last day of fiscal year 2007 and for attack or natural catastrophe, would cause cat- The Director of the National Counterterrorism each year thereafter, the Secretary shall submit astrophic national or regional impacts, includ- Center, the Director of a national intelligence to the Committee on Homeland Security and ing— center, or the head of any department, agency, Governmental Affairs of the Senate and the (A) significant loss of life; or element of the intelligence community shall, Committee on Homeland Security of the House (B) severe economic harm; not later than 15 days after receiving a request of Representatives a report containing a sum- (C) mass evacuations; or for any intelligence assessment, report, estimate, mary and review of the risk assessments pre- (D) loss of a city, region, or sector of the econ- legal opinion, or other intelligence information pared by the Secretary under this section for omy as a result of contamination, destruction, from the Select Committee on Intelligence of the that fiscal year, which shall be organized by or disruption of vital public services; and Senate, the Permanent Select Committee on In- sector and which shall include recommendations (2) reflects a cross-sector analysis of critical telligence of the House of Representatives, or of the Secretary for mitigating risks identified infrastructure to determine priorities for preven- any other committee of Congress with jurisdic- by the assessments. tion, protection, recovery, and restoration. tion over the subject matter to which informa- (2) CLASSIFIED ANNEX.—The report under this (b) SECTOR LISTS.—In coordination with other tion in such assessment, report, estimate, legal subsection may contain a classified annex. initiatives of the Secretary relating to critical opinion, or other information relates, make infrastructure or key resource protection and SEC. 1003. USE OF EXISTING CAPABILITIES. available to such committee such assessment, re- partnerships between the government and pri- Where appropriate, the Secretary shall use the port, estimate, legal opinion, or other informa- vate sector, the Secretary may establish addi- National Infrastructure Simulation and Anal- tion, as the case may be. ysis Center to carry out the actions required tional critical infrastructure and key resources ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) priority lists by sector, including at a minimum under this title. The Director of the National Counterterrorism the sectors named in Homeland Security Presi- TITLE XI—CONGRESSIONAL OVERSIGHT Center, the Director of a national intelligence dential Directive–7 as in effect on January 1, OF INTELLIGENCE center, or the head of any department, agency, 2006. SEC. 1101. AVAILABILITY TO PUBLIC OF CERTAIN or element of the intelligence community shall (c) MAINTENANCE.—Each list created under INTELLIGENCE FUNDING INFORMA- respond, in the time specified in subsection (a), this section shall be reviewed and updated on TION. to a request described in that subsection from an ongoing basis, but at least annually. (a) AMOUNTS REQUESTED EACH FISCAL the Chairman or Vice Chairman of the Select (d) ANNUAL REPORT.— YEAR.—The President shall disclose to the pub- Committee on Intelligence of the Senate or the (1) GENERALLY.—Not later than 120 days after lic for each fiscal year after fiscal year 2007 the Chairman or Ranking Member of the Permanent the date of enactment of this Act, and annually aggregate amount of appropriations requested Select Committee on Intelligence of the House of thereafter, the Secretary shall submit to the in the budget of the President for such fiscal Representatives. Committee on Homeland Security and Govern- year for the National Intelligence Program. ‘‘(2) Upon making a request covered by para- mental Affairs of the Senate and the Committee (b) AMOUNTS AUTHORIZED AND APPROPRIATED graph (1)— on Homeland Security of the House of Rep- EACH FISCAL YEAR.—Congress shall disclose to ‘‘(A) the Chairman or Vice Chairman, as the resentatives a report summarizing— the public for each fiscal year after fiscal year case may be, of the Select Committee on Intel- (A) the criteria used to develop each list cre- 2007 the aggregate amount of funds authorized ligence of the Senate shall notify the other of ated under this section; to be appropriated, and the aggregate amount of the Chairman or Vice Chairman of such request; (B) the methodology used to solicit and verify funds appropriated, by Congress for such fiscal and submissions for each list; year for the National Intelligence Program. ‘‘(B) the Chairman or Ranking Member, as (C) the name, location, and sector classifica- (c) STUDY ON DISCLOSURE OF ADDITIONAL IN- the case may be, of the Permanent Select Com- tion of assets in each list created under this sec- FORMATION.— mittee on Intelligence of the House of Represent- (1) IN GENERAL.—The Director of National In- tion; atives shall notify the other of the Chairman or telligence shall conduct a study to assess the ad- (D) a description of any additional lists or Ranking Member of such request. visability of disclosing to the public amounts as databases the Department has developed to ‘‘(c) ASSERTION OF PRIVILEGE.—In response to prioritize critical infrastructure on the basis of follows: a request covered by subsection (a) or (b), the (A) The aggregate amount of appropriations risk; and Director of the National Counterterrorism Cen- requested in the budget of the President for each (E) how each list developed under this section ter, the Director of a national intelligence cen- fiscal year for each element of the intelligence will be used by the Secretary in program activi- ter, or the head of any department, agency, or community. ties, including grant making. element of the intelligence community shall pro- (B) The aggregate amount of funds authorized (2) CLASSIFIED INFORMATION.—The Secretary vide the document or information covered by to be appropriated, and the aggregate amount of shall submit with each report under this sub- such request unless the President certifies that funds appropriated, by Congress for each fiscal section a classified annex containing informa- such document or information is not being pro- year for each element of the intelligence commu- tion required to be submitted under this sub- vided because the President is asserting a privi- section that cannot be made public. nity. (2) REQUIREMENTS.—The study required by lege pursuant to the Constitution of the United SEC. 1002. RISK ASSESSMENT AND REPORT. paragraph (1) shall— States. (a) RISK ASSESSMENT.— (A) address whether or not the disclosure to ‘‘(d) INDEPENDENT TESTIMONY OF INTEL- (1) IN GENERAL.—The Secretary, pursuant to the public of the information referred to in that LIGENCE OFFICIALS.—No officer, department, the responsibilities under section 202 of the paragraph would harm the national security of agency, or element within the Executive branch Homeland Security Act (6 U.S.C. 122), for each the United States; and shall have any authority to require the head of fiscal year beginning with fiscal year 2007, shall (B) take into specific account concerns relat- any department, agency, or element of the intel- prepare a risk assessment of the critical infra- ing to the disclosure of such information for ligence community, or any designate of such a structure and key resources of the Nation which each element of the intelligence community. head— shall— (3) REPORT.—Not later than 180 days after the ‘‘(1) to receive permission to testify before (A) be organized by sector, including the crit- date of enactment of this Act, the Director shall Congress; or ical infrastructure sectors named in Homeland submit to Congress a report on the study re- ‘‘(2) to submit testimony, legislative rec- Security Presidential Directive–7, as in effect on quired by paragraph (1). ommendations, or comments to any officer or January 1, 2006; and (d) DEFINITIONS.—In this section— agency of the Executive branch for approval, (B) contain any actions or countermeasures (1) the term ‘‘element of the intelligence com- comments, or review prior to the submission of proposed, recommended, or directed by the Sec- munity’’ means an element of the intelligence such recommendations, testimony, or comments retary to address security concerns covered in community specified in or designated under sec- to Congress if such testimony, legislative rec- the assessment. tion 3(4) of the National Security Act of 1947 (50 ommendations, or comments include a statement (2) RELIANCE ON OTHER ASSESSMENTS.—In pre- U.S.C. 401a(4)); and indicating that the views expressed therein are paring the assessments and reports under this (2) the term ‘‘National Intelligence Program’’ those of the head of the department, agency, or section, the Department may rely on a vulner- has the meaning given that term in section 3(6) element of the intelligence community that is

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(b) DISCLOSURES OF CERTAIN INFORMATION TO requested by the President. ‘‘(2) DIRECTOR.—The Office shall be headed CONGRESS.—Title V of the National Security Act ‘‘(3) REPORTING.—Any recommendations sub- by a Director, who— of 1947 (50 U.S.C. 413 et seq.), as amended by mitted to the President by the Board under sec- ‘‘(A) shall be selected (in consultation with subsection (a), is amended by adding at the end tion 703(b)(5), shall be submitted to the chair- the Assistant Secretary for International Af- the following new section: man and ranking member of the committee of fairs, Policy Directorate) by and shall report to ‘‘DISCLOSURES TO CONGRESS Congress that made the request relating to such the Under Secretary; and ‘‘(B) may be an officer of the Department ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CER- recommendations.’’; and serving in another position. TAIN INFORMATION.—An employee of a covered (2) in section 710(b), by striking ‘‘8 years after the date of the enactment of this Act’’ and in- ‘‘(3) RESPONSIBILITIES.— agency or an employee of a contractor carrying ‘‘(A) DEVELOPMENT OF MECHANISMS.—The Di- serting ‘‘on December 31, 2012’’. out activities pursuant to a contract with a cov- rector shall be responsible for developing, in co- ered agency may disclose covered information to TITLE XII—INTERNATIONAL COOPERA- ordination with the Department of State, the an authorized individual without first reporting TION ON ANTITERRORISM TECH- Department of Defense, the Department of En- such information to the appropriate Inspector NOLOGIES ergy, and other Federal agencies, mechanisms General. SEC. 1201. PROMOTING ANTITERRORISM CAPA- and legal frameworks to allow and to support ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this sec- BILITIES THROUGH INTERNATIONAL international cooperative activity in support of tion, the term ‘authorized individual’ means— COOPERATION. homeland security research. ‘‘(A) a Member of the Senate or the House of (a) FINDINGS.—The Congress finds the fol- ‘‘(B) PRIORITIES.—The Director shall be re- Representatives who is authorized to receive in- lowing: sponsible for developing, in coordination with formation of the type disclosed; or (1) The development and implementation of the Directorate of Science and Technology, the ‘‘(B) an employee of the Senate or the House technology is critical to combating terrorism and other components of the Department (including of Representatives who— other high consequence events and imple- the Office of the Assistant Secretary for Inter- ‘‘(i) has an appropriate security clearance; menting a comprehensive homeland security national Affairs, Policy Directorate), the De- and strategy. partment of State, the Department of Defense, ‘‘(ii) is authorized to receive information of (2) The United States and its allies in the the Department of Energy, and other Federal the type disclosed. global war on terrorism share a common interest agencies, strategic priorities for international ‘‘(2) An authorized individual described in in facilitating research, development, testing, cooperative activity. paragraph (1) to whom covered information is and evaluation of equipment, capabilities, tech- ‘‘(C) ACTIVITIES.—The Director shall facilitate disclosed under the authority in subsection (a) nologies, and services that will aid in detecting, the planning, development, and implementation shall be presumed to have a need to know such preventing, responding to, recovering from, and of international cooperative activity to address covered information. mitigating against acts of terrorism. the strategic priorities developed under subpara- ‘‘(c) COVERED AGENCY AND COVERED INFOR- (3) Certain United States allies in the global graph (B) through mechanisms the Under Sec- MATION DEFINED.—In this section: war on terrorism, including Israel, the United retary considers appropriate, including grants, ‘‘(1) The term ‘covered agency’ means— Kingdom, Canada, Australia, and Singapore cooperative agreements, or contracts to or with ‘‘(A) any department, agency, or element of have extensive experience with, and techno- foreign public or private entities, governmental the intelligence community; logical expertise in, homeland security. organizations, businesses, federally funded re- ‘‘(B) a national intelligence center; and (4) The United States and certain of its allies search and development centers, and univer- ‘‘(C) any other Executive agency, or element in the global war on terrorism have a history of sities. or unit thereof, determined by the President successful collaboration in developing mutually ‘‘(D) IDENTIFICATION OF PARTNERS.—The Di- under section 2302(a)(2)(C)(ii) of title 5, United beneficial equipment, capabilities, technologies, rector shall facilitate the matching of United States Code, to have as its principal function and services in the areas of defense, agriculture, States entities engaged in homeland security re- the conduct of foreign intelligence or counter- and telecommunications. search with non-United States entities engaged intelligence activities. (5) The United States and its allies in the in homeland security research so that they may ‘‘(2) The term ‘covered information’— global war on terrorism will mutually benefit partner in homeland security research activities. ‘‘(A) means information, including classified from the sharing of technological expertise to ‘‘(4) COORDINATION.—The Director shall en- information, that an employee referred to in combat domestic and international terrorism. sure that the activities under this subsection are subsection (a) reasonably believes provides di- (6) The establishment of an office to facilitate coordinated with the Office of International Af- rect and specific evidence of a false or inac- and support cooperative endeavors between and fairs and the Department of State, the Depart- curate statement— among government agencies, for-profit business ment of Defense, the Department of Energy, and ‘‘(i) made to Congress; or entities, academic institutions, and nonprofit other relevant Federal agencies or interagency ‘‘(ii) contained in any intelligence assessment, entities of the United States and its allies will bodies. The Director may enter into joint activi- report, or estimate; and safeguard lives and property worldwide against ties with other Federal agencies. ‘‘(B) does not include information the disclo- acts of terrorism and other high consequence ‘‘(c) MATCHING FUNDING.— sure of which is prohibited by rule 6(e) of the events. ‘‘(1) IN GENERAL.— ‘‘(A) EQUITABILITY.—The Director shall en- Federal Rules of Criminal Procedure. (b) PROMOTING ANTITERRORISM THROUGH sure that funding and resources expended in ‘‘(d) CONSTRUCTION WITH OTHER REPORTING INTERNATIONAL COOPERATION ACT.— international cooperative activity will be equi- REQUIREMENTS.—Nothing in this section may be (1) IN GENERAL.—The Homeland Security Act construed to modify, alter, or otherwise affect— of 2002 is amended by inserting after section 316, tably matched by the foreign partner govern- ‘‘(1) any reporting requirement relating to in- as added by section 601 of this Act, the fol- ment or other entity through direct funding, telligence activities that arises under this Act or lowing: funding of complementary activities, or through any other provision of law; or the provision of staff, facilities, material, or ‘‘SEC. 317. PROMOTING ANTITERRORISM equipment. ‘‘(2) the right of any employee of the United THROUGH INTERNATIONAL CO- RANT MATCHING AND REPAYMENT States to disclose information to Congress, in ac- OPERATION PROGRAM. ‘‘(B) G .— ‘‘(i) IN GENERAL.—The Secretary may require cordance with applicable law, information other ‘‘(a) DEFINITIONS.—In this section: than covered information.’’. a recipient of a grant under this section— ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(I) to make a matching contribution of not (c) CLERICAL AMENDMENT.—The table of con- the Director selected under subsection (b)(2). tents in the first section of that Act is amended more than 50 percent of the total cost of the pro- ‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.— posed project for which the grant is awarded; by inserting after the item relating to section 507 The term ‘international cooperative activity’ in- the following new items: and cludes— ‘‘(II) to repay to the Secretary the amount of ‘‘Sec. 508. Response of intelligence community ‘‘(A) coordinated research projects, joint re- the grant (or a portion thereof), interest on such to requests from Congress for in- search projects, or joint ventures; amount at an appropriate rate, and such telligence documents and informa- ‘‘(B) joint studies or technical demonstrations; charges for administration of the grant as the tion. ‘‘(C) coordinated field exercises, scientific sem- Secretary determines appropriate. ‘‘Sec. 509. Disclosures to Congress.’’. inars, conferences, symposia, and workshops; ‘‘(ii) MAXIMUM AMOUNT.—The Secretary may SEC. 1103. PUBLIC INTEREST DECLASSIFICATION ‘‘(D) training of scientists and engineers; not require that repayment under clause (i)(II) BOARD. ‘‘(E) visits and exchanges of scientists, engi- be more than 150 percent of the amount of the The Public Interest Declassification Act of neers, or other appropriate personnel; grant, adjusted for inflation on the basis of the 2000 (50 U.S.C. 435 note) is amended— ‘‘(F) exchanges or sharing of scientific and Consumer Price Index. (1) in section 704(e)— technological information; and ‘‘(2) FOREIGN PARTNERS.—Partners may in- (A) by striking ‘‘If requested’’ and inserting ‘‘(G) joint use of laboratory facilities and clude Israel, the United Kingdom, Canada, Aus- the following: equipment. tralia, Singapore, and other allies in the global ‘‘(1) IN GENERAL.—If requested’’; and ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SE- war on terrorism, as determined by the Sec- (B) by adding at the end the following: CURITY INTERNATIONAL COOPERATIVE PROGRAMS retary of State. ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a OFFICE.— ‘‘(d) FUNDING.—Funding for all activities congressional request described in section ‘‘(1) ESTABLISHMENT.—The Under Secretary under this section shall be paid from discre- 703(b)(5), the Board may conduct the review and shall establish the Science and Technology tionary funds appropriated to the Department.

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‘‘(e) FOREIGN REIMBURSEMENTS.—If the (A) by inserting ‘‘The Deputy Secretary of (2) may be appointed Deputy Secretary of Science and Technology Homeland Security Homeland Security for Management shall serve Homeland Security for Management, if such ap- International Cooperative Programs Office par- as the Chief Management Officer and principal pointment is otherwise in accordance with sec- ticipates in an international cooperative activity advisor to the Secretary on matters related to tions 103 and 701 of the Homeland Security Act with a foreign partner on a cost-sharing basis, the management of the Department, including of 2002 (6 U.S.C. 113 and 341), as amended by any reimbursements or contributions received management integration and transformation in this Act. from that foreign partner to meet the share of support of homeland security operations and (e) REFERENCES.—References in any other that foreign partner of the project may be cred- programs.’’ before ‘‘The Secretary’’; Federal law, Executive order, rule, regulation, ited to appropriate appropriations accounts of (B) by striking ‘‘Under Secretary for Manage- or delegation of authority, or any document of the Directorate of Science and Technology.’’. ment’’ and inserting ‘‘Deputy Secretary of or relating to the Under Secretary for Manage- (2) TECHNICAL AND CONFORMING AMEND- Homeland Security for Management’’; ment of the Department of Homeland Security MENT.—The table of contents in section 1(b) of (C) by striking paragraph (7) and inserting shall be deemed to refer to the Deputy Secretary the Homeland Security Act of 2002 (6 U.S.C. 101 the following: of Homeland Security for Management. et seq.) is amended by adding after the item re- ‘‘(7) Strategic planning and annual perform- (f) TECHNICAL AND CONFORMING AMEND- lating to section 316, as added by section 601 of ance planning and identification and tracking MENTS.— this Act, the following: of performance measures relating to the respon- (1) OTHER REFERENCE.—Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) ‘‘Sec. 317. Promoting antiterrorism through sibilities of the Department.’’; and (D) by striking paragraph (9), and inserting is amended by striking ‘‘Under Secretary for international cooperation pro- the following: Management’’ and inserting ‘‘Deputy Secretary gram.’’. ‘‘(9) The integration and transformation proc- of Homeland Security for Management’’. SEC. 1202. TRANSPARENCY OF FUNDS. ess, to ensure an efficient and orderly consolida- (2) TABLE OF CONTENTS.—The table of con- For each Federal award (as that term is de- tion of functions and personnel to the Depart- tents in section 1(b) of the Homeland Security fined in section 2 of the Federal Funding Ac- ment, including the development of a manage- Act of 2002 (6 U.S.C. 101(b)) is amended by strik- countability and Transparency Act of 2006 (31 ment integration strategy for the Department.’’; ing the item relating to section 701 and inserting U.S.C. 6101 note)) under this title or an amend- and the following: ment made by this title, the Director of the Of- (3) in subsection (b)— ‘‘Sec. 701. Deputy Secretary of Homeland Secu- fice of Management and Budget shall ensure (A) in paragraph (1), by striking ‘‘Under Sec- rity for Management.’’. full and timely compliance with the require- retary for Management’’ and inserting ‘‘Deputy (3) EXECUTIVE SCHEDULE.—Section 5313 of title ments of the Federal Funding Accountability Secretary of Homeland Security for Manage- 5, United States Code, is amended by inserting and Transparency Act of 2006 (31 U.S.C. 6101 ment’’; and after the item relating to the Deputy Secretary note). (B) in paragraph (2), by striking ‘‘Under Sec- of Homeland Security the following: TITLE XIII—MISCELLANEOUS PROVISIONS retary for Management’’ and inserting ‘‘Deputy ‘‘Deputy Secretary of Homeland Security for Secretary of Homeland Security for Manage- SEC. 1301. DEPUTY SECRETARY OF HOMELAND Management.’’. ment’’. SECRETARY FOR MANAGEMENT. SEC. 1302. SENSE OF THE SENATE REGARDING (c) APPOINTMENT, EVALUATION, AND RE- (a) ESTABLISHMENT AND SUCCESSION.—Section COMBATING DOMESTIC RADICALIZA- 103 of the Homeland Security Act of 2002 (6 APPOINTMENT.—Section 701 of the Homeland Se- TION. U.S.C. 113) is amended— curity Act of 2002 (6 U.S.C. 341) is amended by (a) FINDINGS.—The Senate finds the following: (1) in subsection (a)— adding at the end the following: (1) The United States is engaged in a struggle (A) in the subsection heading, by striking ‘‘(c) APPOINTMENT, EVALUATION, AND RE- against a transnational terrorist movement of APPOINTMENT.—The Deputy Secretary of Home- ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY radical extremists seeking to exploit the religion land Security for Management— SECRETARIES’’; of Islam through violent means to achieve ideo- ‘‘(1) shall be appointed by the President, by (B) by striking paragraph (6); logical ends. (C) by redesignating paragraphs (2) through and with the advice and consent of the Senate, (2) The radical jihadist movement transcends (5) as paragraphs (3) through (6), respectively; from among persons who have— borders and has been identified as a potential ‘‘(A) extensive executive level leadership and and threat within the United States. management experience in the public or private (D) by striking paragraph (1) and inserting (3) Radicalization has been identified as a sector; the following: precursor to terrorism. ‘‘(B) strong leadership skills; (4) Countering the threat of violent extremists ‘‘(1) A Deputy Secretary of Homeland Secu- ‘‘(C) a demonstrated ability to manage large rity. domestically, as well as internationally, is a and complex organizations; and critical element of the plan of the United States ‘‘(2) A Deputy Secretary of Homeland Security ‘‘(D) a proven record in achieving positive for Management.’’; and for success in the war on terror. operational results; (5) United States law enforcement agencies (2) by adding at the end the following: ‘‘(2) shall— ‘‘(g) VACANCIES.— have identified radicalization as an emerging ‘‘(A) serve for a term of 5 years; and threat and have in recent years identified cases ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— ‘‘(B) be subject to removal by the President if ‘‘(A) DEPUTY SECRETARY.—In case of a va- of ‘‘homegrown’’ extremists operating inside the the President— United States with the intent to provide support cancy in the office of the Secretary, or of the ‘‘(i) finds that the performance of the Deputy for, or directly commit, a terrorist attack. absence or disability of the Secretary, the Dep- Secretary of Homeland Security for Manage- uty Secretary of Homeland Security may exer- (6) The alienation of Muslim populations in ment is unsatisfactory; and the Western world has been identified as a fac- cise all the duties of that office, and for the pur- ‘‘(ii) communicates the reasons for removing pose of section 3345 of title 5, United States tor in the spread of radicalization. the Deputy Secretary of Homeland Security for (7) Radicalization cannot be prevented solely Code, the Deputy Secretary of Homeland Secu- Management to Congress before such removal; through law enforcement and intelligence meas- rity is the first assistant to the Secretary. ‘‘(3) may be reappointed in accordance with ures. ‘‘(B) DEPUTY SECRETARY FOR MANAGEMENT.— paragraph (1), if the Secretary has made a satis- (b) SENSE OF SENATE.—It is the sense of the When by reason of absence, disability, or va- factory determination under paragraph (5) for Senate that the Secretary, in consultation with cancy in office, neither the Secretary nor the the 3 most recent performance years; other relevant Federal agencies, should make a Deputy Secretary of Homeland Security is avail- ‘‘(4) shall enter into an annual performance priority of countering domestic radicalization able to exercise the duties of the office of the agreement with the Secretary that shall set and extremism by— Secretary, the Deputy Secretary of Homeland forth measurable individual and organizational (1) using intelligence analysts and other ex- Security for Management shall act as Secretary. goals; and perts to better understand the process of ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- ‘‘(5) shall be subject to an annual perform- radicalization from sympathizer to activist to RETARY.—In the case of a vacancy in the office ance evaluation by the Secretary, who shall de- terrorist; of the Deputy Secretary of Homeland Security, termine as part of each such evaluation whether (2) recruiting employees with diverse or of the absence or disability of the Deputy the Deputy Secretary of Homeland Security for worldviews, skills, languages, and cultural Secretary of Homeland Security, the Deputy Management has made satisfactory progress to- backgrounds and expertise; Secretary of Homeland Security for Manage- ward achieving the goals set out in the perform- (3) consulting with experts to ensure that the ment may exercise all the duties of that office. ance agreement required under paragraph (4).’’. lexicon used within public statements is precise ‘‘(3) FURTHER ORDER OF SUCCESSION.—The (d) INCUMBENT.—The individual who serves in and appropriate and does not aid extremists by Secretary may designate such other officers of the position of Under Secretary for Management offending the American Muslim community; the Department in further order of succession to of the Department of Homeland Security on the (4) developing and implementing, in concert act as Secretary.’’. date of enactment of this Act— with the Attorney General and State and local (b) RESPONSIBILITIES.—Section 701 of the (1) may perform all the duties of the Deputy corrections officials, a program to address pris- Homeland Security Act of 2002 (6 U.S.C. 341) is Secretary of Homeland Security for Manage- oner radicalization and post-sentence reintegra- amended— ment at the pleasure of the President, until a tion; (1) in the section heading, by striking Deputy Secretary of Homeland Security for (5) pursuing broader avenues of dialogue with ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- Management is appointed in accordance with the Muslim community to foster mutual respect, UTY SECRETARY OF HOMELAND SECU- subsection (c) of section 701 of the Homeland Se- understanding, and trust; and RITY’’; curity Act of 2002 (6 U.S.C. 341), as added by (6) working directly with State, local, and (2) in subsection (a)— this Act; and community leaders to—

VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 6333 E:\CR\FM\A28FE6.009 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2318 CONGRESSIONAL RECORD — SENATE February 28, 2007 (A) educate these leaders on the threat of INOUYE, and Mr. DODD, proposes an amend- the provisions of S. 4, the bill we are radicalization and the necessity of taking pre- ment numbered 275. now discussing, which will be pending ventative action at the local level; and Mr. REID. Mr. President, I ask unan- today. A notice was sent to all offices, (B) facilitate the sharing of best practices imous consent that the reading of the from other countries and communities to encour- and Senators should be made aware age outreach to the American Muslim commu- amendment be dispensed with. that this briefing will be held in S407 of nity and develop partnerships between all The PRESIDING OFFICER. Without the Capitol. faiths, including Islam. objection, it is so ordered. Mr. REID. Mr. President, I would SEC. 1303. SENSE OF THE SENATE REGARDING (The amendment is printed in today’s also say this: We are going to alternate OVERSIGHT OF HOMELAND SECU- RECORD under ‘‘Text of Amendments.’’) back and forth. If there is not a Demo- RITY. Mr. REID. Mr. President, the sub- crat here, a Republican will offer two (a) FINDINGS.—The Senate finds the following: stitute I have just offered encompasses (1) The Senate recognizes the importance and amendments in a row, and vice versa. need to implement the recommendations offered the provisions of S. 4, also legislation In other words, we need expedition. by the National Commission on Terrorist At- on surface transportation security, There are a number of amendments, tacks Upon the United States (in this section re- aviation security, and rail security and we are not going to wait while ferred to as the ‘‘Commission’’). from the Commerce Committee, as well somebody is coming from their office (2) Congress considered and passed the Na- as transit security legislation from the to offer an amendment. If somebody is tional Security Intelligence Reform Act of 2004 Banking Committee. here ahead of someone, then they will (Public Law 108–458; 118 Stat. 3643) to imple- As I said yesterday, I deeply appre- ment the recommendations of the Commission. proceed. (3) Representatives of the Department testified ciate, as does the distinguished Repub- Our first amendment, if she is here at 165 Congressional hearings in calendar year lican leader, the work done by the two on time, will be from Senator FEIN- 2004, and 166 Congressional hearings in cal- committee managers. Senator STEIN; otherwise, Senator COLLINS, I endar year 2005. LIEBERMAN and Senator COLLINS have understand, has an amendment. (4) The Department had 268 representatives worked together for a number of years, Mr. LIEBERMAN. Mr. President, testify before 15 committees and 35 subcommit- and they work well together. This is an while the two leaders are here, I want tees of the House of Representatives and 9 com- extremely important piece of legisla- to thank Senator REID for designating mittees and 12 subcommittees of the Senate at tion, and so we ask Members if there is 206 congressional hearings in calendar year this urgent legislation which would im- 2006. something about the bill that has just plement the previously unimplemented (5) The Senate has been unwilling to reform been laid down that they don’t like, or inadequately implemented rec- itself in accordance with the recommendation of they should come and try to change it ommendations of the 9/11 Commission. the Commission to provide better and more and not wait around because they will I also thank Senator MCCONNELL, the streamlined oversight of the Department. be disappointed. We have to move Republican leader, for his cooperation (b) SENSE OF SENATE.—It is the sense of the through this bill. and consent to moving this forward Senate that the Senate should implement the We have been told there are a number recommendation of the Commission to ‘‘create a quickly on the Senate floor. single, principal point of oversight and review of amendments people have to offer, This bipartisan cooperation, obvi- for homeland security.’’. and we want them to do that. I asked ously, is justified by the subject mat- SEC. 1304. REPORT REGARDING BORDER SECU- the Democratic manager, Chairman ter, homeland security, and in that re- RITY. LIEBERMAN, if people offer amend- gard I want to thank, again, Senator (a) IN GENERAL.—Not later than 180 days ments, to have a reasonable debate. We COLLINS. We switched titles in this ses- after the date of enactment of this Act, the Sec- are not going to mess around here for a sion of Congress, but as I said to her retary shall submit a report to Congress regard- long time. With appropriate debate, when that happened, nothing else will ing ongoing initiatives of the Department to im- Senator LIEBERMAN is going to move to prove security along the northern border of the change but our titles. She has been a United States. table if it is something we don’t like, wonderful partner and coworker on (b) CONTENTS.—The report submitted under and I think it is important that Mem- this measure once again, and it is in subsection (a) shall— bers know that. that spirit that we invite amendments, (1) address the vulnerabilities along the north- I have been told there are a lot of as Senator REID said, from our col- ern border of the United States; and amendments on both sides. It is our leagues who may think that, as good as (2) provide recommendations to address such goal to finish this legislation as soon vulnerabilities, including required resources the bill is, it could be better, and we needed to protect the northern border of the as we can next week. That is going to urge them to come forward quickly. United States. be difficult. We could have some late In our committee, only one amend- (c) GOVERNMENT ACCOUNTABILITY OFFICE.— nights, and as I indicated this morning, ment was divided on a party-line vote. Not later than 270 days after the date of the we might have to work into Friday The rest were totally nonpartisan, and submission of the report under subsection (a), sometime. Monday night, I hope we can I hope that is generally the way things the Comptroller General of the United States stack votes so that we have a number will go on the Senate floor as we con- shall submit a report to Congress that— of votes. As I have indicated, we will (1) reviews and comments on the report under sider the amendments brought forth. subsection (a); and not have votes starting before 5:30, but Yesterday, to expedite matters, Sen- (2) provides recommendations regarding any I hope we can have a number of votes ator COLLINS and I both made our open- additional actions necessary to protect the at 5:30 so we can dispose of them that ing statements, so we do not have northern border of the United States. night. those opening statements now. There- Mr. LIEBERMAN. Mr. President, This is what we do. We are legis- fore, we look forward to the Senator with the authority of the Homeland Se- lating now, and I look forward to a from California coming to the floor as curity and the Governmental Affairs good piece of legislation when we fin- soon as she can to offer an amendment, Committee—that is, the consent of a ish. which I note will concern visa waiver majority of the Members—I now with- Mr. MCCONNELL. Mr. President, let sections of the measure. Senator COL- draw the committee-reported sub- me echo the remarks of the majority LINS has another amendment which we stitute amendment. leader. We have a number of amend- will go to if Senator FEINSTEIN does The PRESIDING OFFICER. The Sen- ments on this side, and we are prepared not come soon. ator has that right. The amendment is to offer them in the next few hours. I I thank the Chair and, for the mo- withdrawn. believe the first amendment is going to ment, I suggest the absence of a The majority leader is recognized. come from the Democratic side. Sen- quorum. AMENDMENT NO. 275 ator COLLINS is either here or on her The PRESIDING OFFICER. The Mr. REID. Mr. President, I send a way, and she is certainly going to man- clerk will call the roll. substitute amendment to the desk. age the bill on our side, but then we The assistant legislative clerk pro- The PRESIDING OFFICER. The will follow the Democratic amendment ceeded to call the roll. clerk will report. with an amendment on our side. Mr. LIEBERMAN. Mr. President, I The assistant legislative clerk read I also want to remind everyone that ask unanimous consent that the order as follows: at 2 p.m. this afternoon the Transpor- for the quorum call be rescinded. The Senator from Nevada [Mr. REID], for tation Security Administration will The PRESIDING OFFICER. Without himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. hold an all-Members briefing related to objection, it is so ordered.

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.009 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2319 AMENDMENT NO. 271 TO AMENDMENT NO. 275 ‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this ments; and the exchange of informa- Mr. LIEBERMAN. Mr. President, on paragraph the term ‘visa overstay rate’ tion on terrorist watchlist. It also au- behalf of the Senator from California, means, with respect to a country, the ratio thorizes the Department of Homeland of— Mrs. FEINSTEIN, I call up amendment Security to develop an electronic trav- ‘‘(I) the total number of nationals of that No. 271. country who were admitted to the United el authorization program so that all The PRESIDING OFFICER. The States on the basis of a nonimmigrant vis- persons entering the U.S. will have to clerk will report. itor visa for which the period of stay author- apply for clearance to enter the U.S. in The assistant legislative clerk read ized by such visa ended during a fiscal year advance of their trip. And it requires as follows: and who remained in the United States un- the Department of Homeland Security The Senator from Connecticut [Mr. lawfully beyond the such period of stay; to to develop a system to track all the LIEBERMAN], for Mrs. FEINSTEIN, proposes an ‘‘(II) the total number of nationals of that foreign visitors who leave the U.S. via amendment numbered 271 to amendment No. country who were admitted to the United our airports—but not our seaports or 275. States on the basis of a nonimmigrant vis- land ports. This has been an unmet Mr. LIEBERMAN. I ask unanimous itor visa for which the period of stay author- ized by such visa ended during such fiscal goal, however, year after year. consent that the reading of the amend- year. I welcome and support the enhanced ment be dispensed with. ‘‘(iii) REPORT AND PUBLICATION.—Secretary security measures included in the bill. The PRESIDING OFFICER. Without of Homeland Security shall submit to Con- They are long overdue. objection, it is so ordered. gress and publish in the Federal Register a Second—and here is the problem—the The amendment is as follows: notice of the maximum visa overstay rate bill allows the Department of Home- (Purpose: To prohibit a foreign country with proposed to be established under clause (i). land Security and the Department of a visa refusal rate of more than 10 percent Not less than 60 days after the date such no- State to fundamentally change the way or that exceeds the maximum visa over- tice is submitted and published, the Sec- countries are admitted into the visa stay rate from participating in the visa retary shall issue a final maximum visa waiver program, and thus, who can waiver program) overstay rate. come into the U.S. without getting a ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- Strike subsection (c) of section 401 and in- visa. sert the following: SIDERATIONS.—In determining whether to waive the application of paragraph (2)(A) for Under current law, a country is eligi- (c) DISCRETIONARY VISA WAIVER PROGRAM ble for this program so long as the vast EXPANSION.—Section 217(c) of the Immigra- a country, pursuant to paragraph (8), the tion and Nationality Act (8 U.S.C. 1187(c)) is Secretary of Homeland Security, in con- majority—at least 97 percent—of its amended by adding at the end the following: sultation with the Secretary of State, shall nationals can get a visa when they ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE take into consideration other factors affect- apply for one. The percentage of people FLEXIBILITY.— ing the security of the United States, includ- who are rejected when they apply for a ‘‘(A) CERTIFICATION.—On the date on which ing— visa is called the ‘‘visa refusal rate’’ an air exit system is in place that can verify ‘‘(A) airport security standards in the and that percentage must be under 3 country; the departure of not less than 97 percent of percent for a country to participate in foreign nationals that exit through airports ‘‘(B) whether the country assists in the op- eration of an effective air marshal program; the program. of the United States, the Secretary of Home- The rationale is that if the over- land Security shall certify to Congress that ‘‘(C) the standards of passports and travel such air exit system is in place. documents issued by the country; and whelming majority of visitors satisfy ‘‘(B) WAIVER.—After certification by the ‘‘(D) other security-related factors.’’. requirements for a U.S. visa when they Secretary under subparagraph (A), the Sec- Mrs. FEINSTEIN. Mr. President, I apply, we should not waste our re- retary of Homeland Security, in consultation rise today to voice my concern about sources and the time of U.S. consular with the Secretary of State, may waive the the efforts to expand the Visa Waiver officers to evaluate every single visa application of paragraph (2)(A) for a coun- Program in the 9/11 commission report application. The 3 percent rate means try— that 97 percent of these applicants will ‘‘(i) if the country meets all security re- bill and to offer an amendment that will cap the unlimited expansion of return to their home country for one quirements of this section; reason or another. They have family ‘‘(ii) if the Secretary of Homeland Security this program. determines that the totality of the country’s I believe the bill as offered on the and earn a satisfactory living. But even with a 3 percent rejection security risk mitigation measures provide floor will make us less safe, not more rate, the Visa Waiver Program is a se- assurance that the country’s participation in safe with respect to this huge program the program would not compromise the law curity problem. called Visa Waiver. Convicted terrorist Zacarias enforcement, security interests, or enforce- The bill would allow the Department ment of the immigration laws of the United Moussaoui from France and ‘‘shoe- States; of Homeland Security and the Depart- bomber’’ Richard Reid from Great Brit- ‘‘(iii) if there has been a sustained reduc- ment of State to expand the Visa Waiv- ain both boarded flights to the United tion in the rate of refusals for nonimmigrant er Program without limits. My amend- States with passports issued by Visa visitor visas for nationals of the country and ment would limit this discretion based Waiver Program countries. conditions exist to continue such reduction; on a 10 percent visa refusal rate or on On August 10 of this past year, Brit- ‘‘(iv) the country cooperated with the Gov- the actual visa overstay rate. ernment of the United States on counterter- ish police charged 17 suspects with a The Visa Waiver Program provides terrorist plot to detonate liquid explo- rorism initiatives and information sharing an extraordinary exception to our im- before the date of its designation as a pro- sives carried on board several airliners gram country, and the Secretary of Home- migration laws. It allows the citizens traveling from the United Kingdom to land Security and the Secretary of State ex- of 27 nations to visit this country by the United States. The key suspects pect such cooperation will continue; and merely showing up on the day of depar- were reported to be British-born Mus- ‘‘(v)(I) if the rate of refusals for non- ture with a passport from their home lims, eligible to travel to the U.S. with immigrant visitor visas for nationals of the country. In 2004, the State Department just a passport in hand. country during the previous full fiscal year reported that 15.6 million people came For that reason, I believe that the was not more than 10 percent; or to this country as part of this program. current Visa Waiver Program is the ‘‘(II) if the visa overstay rate for the coun- I am told that in 2005, unofficially, the try for the previous full fiscal year does not soft underbelly of our national secu- exceed the maximum visa overstay rate, number was at least 15.5 million and in rity. once it is established under subparagraph 2006, the number was at least 15.6 mil- But this bill undermines even the (C). lion. scant protection afforded by our cur- ‘‘(C) MAXIMUM VISA OVERSTAY RATE.— We have no way of knowing how rent laws in that it allows the adminis- ‘‘(i) REQUIREMENT TO ESTABLISH.—After many left because we do not have an tration to admit new countries into the certification by the Secretary under sub- exit system. program with complete disregard for paragraph (A), the Secretary of Homeland The bill on the floor today changes how many people were previously re- Security and the Secretary of State jointly the Visa Waiver Program in a number shall use information from the air exit sys- jected when they applied for a U.S. tem referred to in subparagraph (A) to estab- of key ways. visa. My amendment would provide a lish a maximum visa overstay rate for coun- First, it adds some good security meaningful limit to that discretion. tries participating in the program pursuant measures, such as the expedited report- This bill does not affect just a hand- to a waiver under subparagraph (B). ing of lost and stolen travel docu- ful of countries. It would affect any

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.011 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2320 CONGRESSIONAL RECORD — SENATE February 28, 2007 and every country whose nationals United States with no advance screen- who can become a citizen—and there- travel to the United States. ing? fore legally obtain travel documents. As a matter of fact, the ‘‘roadmap’’ We can only assume that we will also Not every country has the same strict countries—or countries that the ad- significantly increase the number of controls on who can become a citizen ministration is currently talking to people who will not leave the United as the U.S. does. about inclusion in the Visa Waiver Pro- States after their visa expires. In this For example, Romania, one of the gram—total 19. So the Departments of manner, this bill, if enacted into law, ‘‘road map’’ countries, extends citizen- State and Homeland Security are ac- will likely add many thousands, if not ship to many citizens of Ukraine or tively talking with 19 countries for ac- millions, to the undocumented or ille- Moldova as a matter of course without ceptance into this Program. gal population. prior residency requirements. Ukraine A significant number of these 19 Remember, today, 30 to 40 percent of and Moldova are not slated to partici- countries have visa rejection rates that the illegal population are, in fact, visa pate in the visa waiver program, and in are well above 3 percent. They are overstays—people who come with tem- fact, have visa rejection rates of 38.7 marked with an asterisk, and total 13 porary or visitor visas and do not re- percent and 34.2 percent, respectively. of the 19. I ask unanimous consent to turn to their countries. Adding Romania is like adding Ukraine have printed in the RECORD a chart I believe we should not expand this and Moldova. How would their inclu- showing by country the rejection rates. program without a good hard look at sion impact national security? There being no objection, the mate- how it will compromise our national Finally, this bill does not go far rial was ordered to be printed in the security, law enforcement, and immi- enough to protect U.S. borders. RECORD, as follows: gration goals and without ensuring The bill requires the development of Country Name 2006 Refusal Rate that safety measures are in place to an air exit system, but it does nothing (Percent) make the program strong. to track who comes and goes by way of First, whenever the United States Argentina* ...... 6.7 our land and sea ports. Brazil* ...... 13.2 adds new countries to the program, it Bulgaria* ...... 17.5 It also requires the Department of increases the demand for, and the Homeland Security to track how many Cyprus ...... 2.2 availability of, fraudulent travel docu- Czech Republic* ...... 9.4 people overstay their visas, but it does Estonia* ...... 7.1 ments. not require them to use this informa- The value of lost, stolen or fraudu- Greece ...... 2.2 tion to determine who can participate lent Visa Waiver Program documents Hungary* ...... 12.7 in the program. Israel ...... 4.2 is enormous. A person carrying a visa For example, even if we learn that Korea, South ...... 3.6 waiver country passport has virtually one out of four Lithuanian visitors Latvia* ...... 21.6 unlimited access into and out of the Lithuania* ...... 27.7 never returns to Lithuania when their United States. Malta ...... 2.8 visa expires, Lithuania could still par- Poland* ...... 26.2 No doubt, the expansion of the pro- gram will increase the use of fraudu- ticipate in the Visa Waiver Program. Romania* ...... 34.1 Again, experts estimate that between Slovakia* ...... 16.0 lent border documents which are sold 30 percent and 40 percent of those un- Taiwan ...... 3.1 on the black market in the tens of documented people living in the U.S. Turkey* ...... 15.4 thousands: passports, international Uruguay* ...... 12.6 today are here because they ignored driver’s licenses, and other forms of Mrs. FEINSTEIN. Mr. President, the time limits on their visa and just identification from new visa waiver today, 544 million people are eligible to never went back home. travel into the U.S. without a visa as countries will flood the market. According to the July 2006 GAO re- At a time when this country is torn part of the Visa Waiver Program. If we port on improving the security of the about how to handle the 12 million un- add these ‘‘roadmap’’ countries to the Visa Waiver Program, visa waiver trav- documented people currently living program, we will add 162 million more el documents have been used by crimi- here, we must consider who plays by people who can travel into the United nals and terrorists seeking to disguise the rules when we talk about who par- States without a visa—a 30 percent in- their true identity. ticipates in the program. crease. In 2004, more than 15 million people If a high number of travelers from And if these 19 additional ‘‘roadmap’’ from 27 countries traveled in and out of countries overstay their visas, then countries can come into the program, the United States with no visa. those countries should not be allowed what is to preclude any other country And from January through June the benefit of permitting their nation- from coming into the program? How do 2005—a 6-month period—the Depart- als to enter the U.S. without a back- we say ‘‘no’’ to India, also a good ally, ment of Homeland Security reported ground check and a consular interview. when its refusal rate—19.5 percent—is that it confiscated 298 fraudulent or al- The amendment I am proposing lower than 4 of the roadmap—coun- tered passports issued by Visa Waiver today offers a way to limit the expan- tries? The rejection rate for China—24.5 Program countries that travelers were sion of the Visa Waiver Program in percent—is lower than those coming attempting to use to enter the United light of our immigration and national from Romania. Indonesia, at 35.1 per- States. And these are just the ones who security concerns. cent just exceeds Romania. So this bill got caught. The amendment I am offering would will likely set up some real conflicts In fact, Interpol reports that they increase the visa rejection rate under and create additional problems. have records of more than 12 million the current law from 3 percent to 10 The administration has argued that stolen and lost travel documents in percent for countries that agree to the expansion of the visa waiver coun- their database, but that there are 30 to these enhanced security measures. tries should be limited to our allies. 40 million travel documents have been The result is that countries such as But what does it mean to be an ally? stolen worldwide. South Korea, 3.6 percent, Taiwan, 3.1 According to this administration, when We can extrapolate that tens of thou- percent, Estonia, 7.1 percent, and the we invaded Iraq we counted Colombia sands of those documents are from visa Czech Republic, 9.4 percent could be el- with a 33.3 percent visa rejection rate, waiver countries. igible to participate in the program and Nicaragua, with a 48 percent rejec- As the 9/11 Commission report dem- provided they pass the security re- tion rate among our allies because they onstrates, individuals with fraudulent quirements this bill imposes. had provided some assistance in war. documents pose a far greater threat to Then, once the U.S. has statistics on Do we, in Congress, really want to our national security than those trav- which foreign nationals regularly over- give the administration unfettered eling with no documents at all. stay their visa, the government should flexibility to allow nationals from any For that reason, Senator SESSIONS use those statistics to decide who can country to travel to the U.S. without a and I have introduced a bill this Con- participate in the program. visa, simply because their governments gress to crack down on people who traf- My amendment would require the De- have cooperated with ours? fic in lost and stolen travel documents. partments of Homeland Security and Does that mean that those nationals The second problem is that some State, in consultation and with the ap- should be allowed to come to the countries have very weak policies on proval of Congress, to set a meaningful

VerDate Aug 31 2005 23:48 Feb 28, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.003 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2321 overstay rate once they have that data. The PRESIDING OFFICER. If there (A) review the regulations proposed by the Then countries with a proven track is no further debate on the amendment, Secretary to implement section 202 of the record—those with nationals who go the question is on agreeing to the REAL ID Act of 2005 (49 U.S.C. 30301 note); home when they are supposed to go amendment. (B) review the provisions of the REAL ID The amendment (No. 271) was agreed Act of 2005; home—could be eligible for the pro- (C) submit recommendations to the Sec- gram. to. retary regarding appropriate modifications The answer is not to entirely remove Mr. LIEBERMAN. Mr. President, I to such regulations; and the visa rejection rate, 3 percent, as move to reconsider the vote. (D) submit recommendations to the Sec- this bill does with no suitable replace- Ms. COLLINS. I move to lay that mo- retary and Congress regarding appropriate ment, but to enact a fair system across tion on the table. modifications to the REAL ID Act of 2005. the board that recognizes that the The motion to lay on the table was (2) CRITERIA.—In conducting the review screening of those who wish to come to agreed to. under paragraph (1)(A), the committee shall our country is important, both for the Mr. LIEBERMAN. Mr. President, I consider, in addition to other factors at the security of the country, as well as to suggest the absence of a quorum. discretion of the committee, modifications to the regulations to— ensure that visitors do what their ‘‘visa The PRESIDING OFFICER. The clerk will call the roll. (A) minimize conflicts between State laws waiver’’ provides—and that is to return regarding driver’s license eligibility; to their country of origin at the end of The bill clerk proceeded to call the (B) include procedures and requirements to the 90-day period. roll. protect the Federal and State constitutional Mr. LIEBERMAN. Mr. President, Ms. COLLINS. Mr. President, I ask rights, civil liberties, and privacy rights of there are discussions going on between unanimous consent the order for the individuals who apply for and hold driver’s the Senator from California and others quorum call be rescinded. licenses and personal identification cards; to answer a question or two about the The PRESIDING OFFICER. Without (C) protect the security of all personal in- amendment, so for the moment we are objection, it is so ordered. formation maintained in electronic form; (D) provide individuals with procedural and going to leave it pending, and I yield AMENDMENT NO. 277 Ms. COLLINS. Mr. President, I send substantive due process, including rules and for my colleague from Maine. right of appeal, to challenge errors in data Ms. COLLINS. Mr. President, I have an amendment to the desk and ask for records contained within the databases cre- only had a brief time to look at the its immediate consideration. ated to implement section 202 of the REAL amendment offered by the Senator The PRESIDING OFFICER. The ID Act of 2005; from California, but it would, in my clerk will report. (E) ensure that private entities are not judgment, enhance certain provisions The bill clerk read as follows: permitted to scan the information contained in the underlying bill on the visa waiv- The Senator from Maine [Ms. COLLINS], for on the face of a license, or in the machine er program. There are discussions herself, Mr. ALEXANDER, Mr. CARPER, Ms. readable component of the license, and re- sell, share, or trade such information with going on with key Senators on our side SNOWE, Ms. CANTWELL, and Ms. MIKULSKI, proposes an amendment numbered 277. third parties; of the aisle, such as Senator KYL of Ar- Ms. COLLINS. I ask unanimous con- (F) provide a fair system of funding to izona, who has also a great interest in limit the costs of meeting the requirements this area. sent the reading of the amendment be of section 202 of the REAL ID Act of 2005; We are not prepared on this side to dispensed with. (G) facilitate the management of vital proceed with a full discussion of the The PRESIDING OFFICER. Without identity-proving records; and amendment at this time or to dispose objection, it is so ordered. (H) improve the effectiveness and security of it at this time, but I would inform The amendment is as follows: of Federal documents used to validate iden- my colleagues that I am optimistic (Purpose: To extend the deadline by which tification. (3) RULEMAKING.—To the extent that the that the discussions will produce a State identification documents shall com- ply with certain minimum standards and final regulations to implement section 202 of fruitful result. At this time, we cannot for other purposes) the REAL ID Act of 2005 do not reflect the proceed to disposing of the amendment, On page 145, strike line 21 and insert the modifications recommended by the com- however. following: mittee pursuant to paragraph (1)(C), the Sec- Mr. President, I suggest the absence SEC. 404. IDENTIFICATION DOCUMENTS. retary shall include, with such regulations in the Federal Register, the reasons for reject- of a quorum. (a) MINIMUM DOCUMENT REQUIREMENTS.— The PRESIDING OFFICER. The Section 202(a)(1) of the REAL ID Act of 2005 ing such modifications. clerk will call the roll. (49 U.S.C. 30301 note) is amended by striking (4) REPORTS.—Not later than 120 days after The assistant legislative clerk pro- ‘‘3 years after the date of the enactment of reconvening under paragraph (1), the com- ceeded to call the roll. this division’’ and inserting ‘‘2 years after mittee shall submit a report to the Com- Mr. LIEBERMAN. Mr. President, I the promulgation of final regulations to im- mittee on Homeland Security and Govern- mental Affairs of the Senate and the Com- ask unanimous consent the order for plement this section’’. (b) AUTHORITY TO EXTEND COMPLIANCE mittee on Homeland Security of the House of the quorum call be rescinded. Representatives that includes— The PRESIDING OFFICER. Without DEADLINES.—Section 205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended— (A) the list of recommended modifications objection, it is so ordered. (1) by striking ‘‘The Secretary’’ and insert- to the regulations that were submitted to Mr. LIEBERMAN. Mr. President, ing the following: the Secretary under paragraph (1)(C); and Parliamentary inquiry: Am I correct ‘‘(1) IN GENERAL.—The Secretary’’; and (B) a list of recommended amendments to that the Feinstein amendment, No. 271, (2) by adding at the end the following: the Real ID Act of 2005 that would address is the pending business? ‘‘(2) LACK OF VALIDATION SYSTEMS.—If the any concerns that could not be resolved by The PRESIDING OFFICER. The Sen- Secretary determines that the Federal or regulation. ator is correct. State electronic systems required to verify (d) ENHANCED DRIVER’S LICENSE.— Mr. LIEBERMAN. I have been in- the validity and completeness of documents Ms. COLLINS. Mr. President, I rise formed the questions one Member was under section 202(c)(3) are not available to today to introduce an amendment to raising about the amendment of Sen- any State on the date described in section address the growing concern among 202(a)(1), the requirements under section ator FEINSTEIN have been resolved. I States regarding the implementation 202(c)(1) shall not apply to any State until of the REAL ID Act of 2005. This law now urge we adopt the amendment. adequate electronic validation systems are The PRESIDING OFFICER. Is there available to all States.’’. requires States to meet minimum secu- further debate? The Senator from (c) NEGOTIATED RULEMAKING.— rity standards before citizens can use Maine. (1) NEGOTIATED RULEMAKING COMMITTEE.— their driver’s licenses for Federal pur- Ms. COLLINS. Mr. President, to clar- Not later than 30 days after the date of the poses, such as boarding an airplane. I ify for our colleagues, the objection or enactment of this Act, the Secretary shall am very pleased to have several co- the clarification I mentioned earlier reconvene the committee originally estab- sponsors of this amendment, including has been resolved on this side of the lished pursuant to section 7212(b)(4) of the 9/ Senator ALEXANDER, Senator CARPER, 11 Commission Implementation Act of 2004 aisle. I know of no objection to adopt- Senator CANTWELL, Senator SNOWE, (49 U.S.C. 30301 note), with the addition of ing the amendment of Senator FEIN- any new interested parties, including experts and Senator MIKULSKI. All of them STEIN. I believe it strengthens the pro- in privacy protection, experts in civil lib- have expressed concerns about the im- visions in the underlying bill and I erties and protection of constitutional pact on their States. I particularly urge its adoption. rights, and experts in immigration law, to— wish to single out Senator ALEXANDER,

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.011 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2322 CONGRESSIONAL RECORD — SENATE February 28, 2007 who has long been a leading voice in prove security without imposing un- There are three major provisions in raising concerns about the costs im- necessary burdens and costs on State the amendment we are offering. First, posed upon States by the REAL ID Act. governments. the amendment provides that States As the deadline for compliance for Unlike our Intelligence Reform Act, would not have to be in full compliance the REAL ID Act rapidly approaches, the REAL ID Act of 2005 did not in- with the REAL ID Act until 2 years States are beginning to send a very clude States and other interested par- after the final regulations are promul- clear message that they are deeply con- ties, whether privacy advocates or gated. That is reasonable. This is a dif- cerned they simply will not be able to technological experts, in the rule- ficult task, and it is important that we meet these standards. The amendment making process. Instead, the REAL ID get it right. It is important for our se- I introduce today recognizes those con- Act simply instructed the Department curity, but it is also important for the cerns by allowing more time to devise of Homeland Security to write its own States that have been burdened with a way to make driver’s licenses more regulations. It has been almost 2 years the task. That means no matter how secure without unduly burdening State since the REAL ID Act was passed, and long it takes for the Department of governments and without threatening the Department has yet to issue the de- Homeland Security to finish these reg- privacy and civil liberties. tailed guidance the States need to ulations, States will have a full 2 years To begin with, perhaps some back- comply with the law. We expect these to implement them. Most likely, the ground information would be useful. regulations are just about to be pub- impact of that is to delay from May of The 9/11 Commission’s investigation lished, that they are about to be issued next year to May of 2010 the compli- found that all but one of the 9/11 terror- under the formal notice and comment ance date. That is the likely timeframe ists had acquired some form of U.S. period later this week. about which we are talking. identification—in most cases a State The problem is, the States are facing Second, the amendment would give driver’s licenses. The Commission rec- this looming May of 2008 deadline for the Secretary of Homeland Security ommended that the Federal Govern- being in full compliance with the more flexibility to waive certain re- ment should set standards for the REAL ID Act. That is an enormously quirements of REAL ID, if an aspect of issuance of driver’s licenses to make constricted period for the States to the program proves to be technically them more secure, to ensure the person comply, when the regulations have not difficult to implement. I have talked was, in fact, entitled to a driver’s li- yet been issued. with some technology experts. Some of cense, and to make certain the driver’s As States begin work this year on them say it can be done. Some of them license has certain security features to their 2008 budgets, they still have no say this is an enormous task because ensure the individual is who he or she idea what the final regulations will re- we are talking about having inter- claims to be. quire of them, but they do know that locking databases so that States can To implement that recommendation, the costs are likely to be substantial check with other States on whether an which was indeed in response to a very based on a study released in 2006 by the individual is licensed there. That is a real concern identified by the 9/11 Com- National Governors Association. The very complex project because, not sur- mission, I worked with a bipartisan NGA estimated that the costs to States prisingly, each State has its own sys- group of Senators, most notably my to implement the REAL ID Act could tem. So there are questions about the total more than $11 billion over the colleague, Senator LIEBERMAN, to craft technology and the feasibility of all of next 5 years. This is a substantial a provision in the 2004 Intelligence Re- the requirements of the REAL ID Act. amount. Perhaps the cost will be less form Act that would accomplish the We want to give the Secretary some than that, but the point is, we don’t goal of the Commission. It called for flexibility in that area. know because the regulations with the the creation of a committee of experts It is possible that some of the tech- detailed guidance have still not been from the Federal Government, from nological links necessary for REAL ID issued, even as we speak. may not be fully in place at the time State governments, from privacy The State of Maine reports that the that compliance is required. On the groups, from technology information costs of implementation of the REAL other hand, if the technology is there organizations, to come together in a ID Act could total $158 million. The and the systems are up and running, it negotiated rulemaking process and to Secretary of State tells me that is develop a means of providing secure more than six times the normal oper- will be easier for the States to proceed. identification, while protecting privacy ating budget of the Maine Bureau of That is another advantage of the ex- and civil liberty rights, and also re- Motor Vehicles. tension in time. The technology is only specting the role of the States, which The result has been an increasing re- going to get better and become more have always had the primary responsi- bellion by States over this unfunded, effective. bility in this area. very difficult mandate. Some States, This also gives us more time to ad- The language we came up with also including my home State of Maine, dress privacy concerns because there provided for some grants that would have passed resolutions that have sent are a lot of questions, if you have peo- help the States bear this cost—not the the message to Washington that they ple throughout the country working in whole cost but to help them out. cannot and will not implement the motor vehicle bureaus who are now This committee was indeed ap- REAL ID Act by the May 2008 deadline. going to have access to databases and pointed—indeed, at my recommenda- So what do we do? are going to need training in evalu- tion, Maine’s secretary of state was Here is what my amendment pro- ating the underlying documents, one of the members—and they began poses. I have had extensive consulta- whether they are birth certificates or diligently working on this task. Unfor- tions with the National Governors As- visas, in determining their validity. So tunately, before the committee could sociation, the National Council of this is a complicated task. complete its work, the House of Rep- State Legislatures, and other experts Third, the amendment reconstitutes resentatives attached the REAL ID Act on this issue. the committee that we created in 2004, of 2005 to an emergency war supple- My amendment has two primary ob- and that was making such good mental, a bill that was truly urgent. jectives. The first is to give the Federal progress in its deliberations before There was not a lot of consideration in Government and States the time and these provisions were repealed by the the Senate nor debate over this provi- flexibility they need to come up with REAL ID Act. This committee would sion. It was inserted into the emer- an effective but practical system to be required to look at the regulations gency war appropriations bill. provide secure driver’s licenses. published by the Department of Home- The effect of that was to repeal the Second, my amendment would ensure land Security and to make suggestions negotiated rulemaking provisions that the involvement of experts from the for modifications to meet the concerns we had worked so hard to craft and to States, from the technology industry, of States, privacy advocates, and other put into the Intelligence Reform Act of and privacy and civil liberties advo- interested parties. Within 120 days of 2004. The further effect, therefore, was cates, by bringing them back to the convening, the committee would report to halt the very productive and worth- table and giving them a chance to re- its recommendations to the Depart- while progress this committee was view these regulations and make them ment of Homeland Security and to making in devising standards to im- work. Congress. So we are not throwing out

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.014 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2323 the work that has already been done by tions of the REAL ID Act for State This is an $11 billion unfunded man- the Department of Homeland Security. governments, is here on the floor. As a date on State governments over the It doesn’t make sense to go back to former Governor, he has a better appre- next 5 years. What does that mean? square one, to go back to scratch, as ciation than many of us of the burden Higher property taxes, higher tuition the 2004 bill had proposed. Instead, we this act imposes on the States. So I am costs, less funding for higher education create this committee, bringing all the very pleased the Senator is here and I so we can stay competitive with China stakeholders to the table. They would yield to him such time as he may need. and India, less money for lower class- take a rigorous look at the regulations The PRESIDING OFFICER. The Sen- room sizes, and less money for reward- that are issued, and they would make ator from Tennessee, the coauthor of ing outstanding teachers. That is what recommendations to the Department the amendment, is recognized. unfunded mandates will mean, so we and to us so that we could exercise our Mr. ALEXANDER. Madam President, shouldn’t do that. oversight. I thank the Senator from Maine and I Then the third thing that is unfortu- The Department of Homeland Secu- salute the Senator from Maine. She is nate about this REAL ID law that rity would then either have to make paying close attention not just to the passed is we didn’t have the oppor- the recommendations recommended by security of our country but the fact tunity to say anything about it over this committee or explain why it chose that we need strong States and cities here in the Senate. Now, we are not al- not to. So we would have much more in our country at the same time. She, ways the wisest people in Washington, transparency and accountability in the obviously, is in tune with the people in DC, but we have half the say. The process. Maine because they, like people in Ten- REAL ID Act came up in the House of In addition, the committee could rec- nessee and other States, have taken a Representatives. It was stuffed into the ommend to Congress, if they believed look at the so-called REAL ID law and supplemental appropriations bill for Katrina and the troops in Iraq. So of that statutory changes are needed to wondered what we are doing up here. course we had to vote for the bill. We mitigate concerns that could not be ad- She has made a very thoughtful and had no chance to amend it, no debate, dressed by modifications to the regula- sensible suggestion, which is that we no hearings, and no consideration of tions. That is an important safeguard delay for 2 years the implementation of the so-called REAL ID law, and let’s other alternatives. Yet we impose on as well. every State in this country a total of The amendment we are offering make sure we know what we are doing. $11 billion worth of unfunded man- would give us time, the information Senator COLLINS, because she is rank- ing member of the committee that dates, and we create for the first time that Congress and the Department of in the history of a liberty-loving na- Homeland Security need to better im- deals with homeland security and a former chairman, and because she tion a national identification card. I plement the recommendations of the would say we wouldn’t be doing our job 9/11 Commission in order to make our served in State government, is more sensitive to this issue than perhaps if we didn’t stop and think about what driver’s licenses secure so that they we have done. Fortunately, we have cannot again be used to facilitate a some of our colleagues. But she under- stands it is very easy for those of us in time to stop and think about it, be- plot to attack our country. cause while the law has been passed, it There is a real problem. The 9/11 Washington to stand up here and come up with a big idea and think it might is not implemented yet. Commission was correct in identifying Here is what Senator COLLINS has be a good idea, and then turn it into a the ease with which the hijackers were done, and I give her great credit for law and hold a press conference and able to secure driver’s licenses. But this. For her to introduce this amend- let’s come up with not only an effective take credit for it, and then send the ment is especially useful because of her solution to the problem identified but bill to the Governor and the legislature position as former chairman of the af- also a practical one. We don’t have to and say: You pay for it. fected committee and now its ranking Senator COLLINS is more polite about choose one versus the other. We can member. She has quickly attracted this than I might be. Nothing used to come up with a cost-effective, efficient, several cosponsors, Republicans and make me madder when I was Governor effective way to achieve this goal. This Democrats. She would extend the dead- bill does so in a way that does not re- than for legislators and Congressmen line for compliance with REAL ID to 2 wind the clock 3 years but instead to do just that: to pass a big bill, take years after final regulations are issued keeps us moving to a more secure credit for it, and send the bill to the by the Department of Homeland Secu- America. State. Then that same Congressman rity. I look forward to working with my would usually be back in Tennessee Now, from the point of view of a Gov- colleagues on both sides of the aisle to making a Lincoln Day speech or a Jef- ernor, that makes sense. If I were sit- address REAL ID and to put us back on ferson Day speech or a Jackson Day ting back in Nashville, I would say: the right track to protect our country, speech about local control and saying Well, now, Madam Congressman or Mr. to protect our privacy, to protect our how we need strong States and strong Congressman, you are not going to ex- liberty, and to do so in a practical way. cities, but they dumped a big unfunded pect me to take 3 or 4 million Ten- I suggest the absence of a quorum. mandate on top of us. nesseans and run them through the The PRESIDING OFFICER. The So let me see if I can be in support of State driver’s license offices and find clerk will call the roll. Senator COLLINS, who has made a very out if they are terrorists or if they are The bill clerk proceeded to call the reasonable, sensible amendment: First, illegally here, or send them back home roll. to think about what we are doing with to grandma’s attic and dig up their Ms. COLLINS. Madam President, I REAL ID and to make sure if we want birth certificates, are you? I mean how ask unanimous consent that the order to continue down this path, we do it in many Tennesseans have their birth cer- for the quorum call be rescinded. a way that respects the privacy of tificates handy? How many want to go The PRESIDING OFFICER (Ms. Americans. We are, after all, for the back to the driver’s license office and KLOBUCHAR). Without objection, it is so first time in our history actually cre- stand in line? That is a lot of people, 3 ordered. ating a national identification card or 4 million people, and that is only Ms. COLLINS. Madam President, with all the ramifications of that. That Tennessee. There are over 196 million what is the pending business? is what the REAL ID law did. Second, people with driver’s licenses in the The PRESIDING OFFICER. The to make sure that we don’t create an United States. pending amendment is the Collins unfunded mandate. The Republican There is another section or two in amendment. Congress in 1994 was ushered in claim- Senator COLLINS’ amendment. She Ms. COLLINS. Madam President, it is ing no more unfunded mandates. The gives a little more discretion to the actually a Collins-Alexander amend- Congressmen stood on the steps over Secretary of DHS to waive State dead- ment, along with several of our col- there in the House and said: If we lines. That is a reasonable approach. leagues. I am very pleased to note the break our promise, throw us out. Well, She reestablishes the negotiated rule- Senator from Tennessee, who has been they threw us out this past election, so making committee that was created as such a leader and such an early voice why would we persist with unfunded part of the National Intelligence Re- raising concerns about the implica- mandates? form Act of 2004. That means in plain

VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.016 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2324 CONGRESSIONAL RECORD — SENATE February 28, 2007 English that States that have the job thing in this country, and that could if that is the case, then we are prob- of implementing this law will have a infringe on our liberty. We have seen ably going to need some kind of work chance to come to the Federal Govern- what happened in South Africa when card. If that is the case, we might end ment and say: Well, in Minnesota, we people carried around passports and up with a secure Social Security card. have longer lines during this part of they were classified based on race, and If that is the case, we might not need the year because it snows and shorter their lives, their activities, everything REAL ID at all. lines during that part of the year be- about them was regulated that way. So that is an even better reason to cause there is ice. And in other times We can think back on Nazi Germany adopt the Collins amendment, because of the year people are fishing on their and other totalitarian countries where between now and the expiration of 2 lakes, and so we have some local condi- so much information was on a single years, we should pass a comprehensive tions here. This gives more time to card that it gave the Government a immigration bill here in Congress. In take into consideration the local con- good chance to keep up with every sin- fact, if we don’t, we should all be se- ditions. gle person. verely criticized, because it is our job Also, it requires figuring out what a I have changed my mind after 9/11. I to do it. So I urge my colleagues re- fair system of reimbursement is. Here believe we need a national identifica- spectfully to look at the Collins are the figures I have seen: Apparently tion card of some kind, and we, in fact, amendment and see it as a reasonable we have appropriated $40 million for have one now. It is a de facto identi- approach. It says: Let’s delay 2 years. this. The Senator from Maine is nod- fication card. We call it the driver’s li- Let’s hold some hearings. Let’s ask the ding her head. Yet, the Governors tell cense, but it is completely ineffective. States to be more involved in what the us it is going to cost $11 billion. We It gets stolen. It gets copied. We show cost is. Let’s think about any privacy have appropriated $40 million. They it when we go through the line at an issues that might result from a de say it is going to cost $11 billion. We airport. For a long time, mine said on facto national identification card, and have a 60-vote point of order against the front that it expired in the year let’s even make sure, if we are going to unfunded Federal mandates. We 2000, but if you turn it over, it said have an identification card, that the couldn’t even raise that when this went 2005. Well, at the airport they never idea of using driver’s licenses is the through like a freight train in the mid- turned it over so it is not a very effec- best way to do it. dle of a Katrina and troops-in-Iraq bill. tive identification card, and that is the As my last comment, I would under- There would have to be 60 votes in impetus for the REAL ID. I understand score the fact that there are a number order to impose on the States this kind that. of States already considering taking of financial burden. The first thought was let’s take all of the action Maine has already taken, So that is basically it. This amend- these 196 million driver’s licenses and the Senator’s State, in passing a reso- ment says let’s stop and think about turn them into identification cards, lution rejecting the REAL ID card. this since this is the first national but that might not be the best thought. Those are Hawaii, Georgia, Massachu- identification card we have ever had in There are other options. For example, setts, New Mexico, Oklahoma, this country. And since it is a massive we might need a work card in the Vermont, and Washington State. If the unfunded mandate that would have the United States. A lot of the impetus for REAL ID card were to go into effect in effect, if the Governors are right, of this came from immigration problems. those States in May, next spring, and raising State taxes, raising tuition, Since many of the immigration prob- they didn’t have the REAL ID card, ac- cutting the amount of money available lems are the result of people wanting cording to the law they can’t fly on a for colleges and competitiveness, cut- to come here and work, maybe one way commercial airplane. Well, that is ting money for reducing classroom to think about identity theft is to say: going to create a situation I don’t size, and cutting money for State Let’s have a Social Security card that think any Member of this Senate wants health care plans. is biometric and let people apply for to see. Then the third thing is we had no dis- that; let people who get new cards get So I am here to salute the Senator cussion—I don’t believe there was a that, and let’s have a work card. Or from Maine for being diligent in pro- single hearing anywhere in the Sen- maybe we need a travel card for people tecting our liberty and in protecting ate—about this bill. I am delighted to who want to travel on airplanes, and the rights of State and local govern- have a chance to be a cosponsor of this they would have a travel card. Maybe ments, and making sure that if we are legislation that Senator COLLINS has we need to expand the number of pass- going to have some kind of more secure introduced. ports. Twenty-five percent of us have card, whether it is a driver’s license or I will say one other thing about this passports. I am not sure what the right a work card, a travel card, or even a idea of a national identification card. I answer is. My instinct is that probably passport, that we do it right after we have lived long enough to have changed a work card would be a good card to have suitable hearings. my mind a few times on important have. Maybe we ought to have two or I am proud to be a cosponsor of the issues. When I was Governor of Ten- three cards that meet certain Federal Collins amendment, and I thank the nessee, I vetoed twice the photo identi- requirements, any of which could be Senator for yielding time to me. fication card I now carry in my billfold used for other identification purposes. The PRESIDING OFFICER. The Sen- because I thought it was an infringe- That way we would technically avoid ator from Maine is recognized. ment on civil liberties and I didn’t having the national identification Ms. COLLINS. Madam President, I think it was anybody’s business to card, but for convenience, people could thank the Senator from Tennessee for have my picture on the identification have a work card, a travel card, and a his excellent statement. He outlined card. Well, the retailers wanted it for passport. All of those are just ideas. the issue very well. check cashing, and law enforcement But I wouldn’t suggest that the Senate I emphasize two points the Senator people wanted it so they could catch wait until midnight and take Senator made. First is the cost. The National more criminals. So the legislature ALEXANDER’s ideas, ram them through, Governors Association has estimated overrode me. Plus, when I tried to get and send them to the House and tell that compliance with the requirements into the White House one time as Gov- them to pass them with the next Iraq of the REAL ID card will impose $11 ernor, they wouldn’t let me in because supplemental bill just because we billion of costs on State governments I didn’t have a photo identification thought of it. over the next 5 years. Yet we have ap- card and I said: Well, I vetoed it, and I think it would be better to let Sen- propriated only $40 million to be used they didn’t think that was a good rea- ator LIEBERMAN and Senator COLLINS toward that cost, and of that amount son. The Governor of Georgia had to and others consider all of these options the Department of Homeland Security vouch for me, and after that indignity, very carefully. I think it might be best has only allocated $6 million, so only a Tennessee finally got a photo identi- when we get to the immigration bill tiny fraction of the expected cost. fication card. and we talk about having an employer The second point I emphasize is the We have a right in America to be identification system, because that is Department of Homeland Security has skeptical of national identification going to be an essential part of the yet to issue the regulations detailing cards. We love liberty more than any- comprehensive immigration bill. Well, how States are to comply with the law.

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.022 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2325 So to expect the States to comply by In terms of rail security, the Nation’s Amtrak, freight railroads and others to May of next year with regulations that 560-plus freight railroads own more upgrade passenger and freight rail se- have yet to be issued is simply unfair than 140,000 miles of track over which curity, undertake research and devel- and will add another layer of costs be- nearly 30 million carloads are trans- opment, and improve tunnel security. cause of the short time for compliance. ported annually. This network trans- Additionally, the title encourages This 2 years will allow a more careful ports 42 percent of all domestic inter- the deployment of rail car tracking review. It will allow more input by the city freight, the majority of coal used equipment for high-hazard material States when DHS does issue the regula- in electricity generation, more than 12 shipments, requires railroads to create tions, and it will allow us to devise a million trailers and containers, and a railroad worker security-training cost-effective way of achieving a goal two million carloads of chemicals. program, and provides whistleblower all of us have, and that is to make driv- Meanwhile, U.S. trucking hauled 9.1 protection for rail workers who report er’s licenses more secure. billion tons of freight and employed 5.6 security concerns. I am very grateful for the insights of million people in trucking related The surface transportation security the Senator from Tennessee, for his fields in 2003. provisions in title 13 of the substitute support, and for his very early leader- Equally important is the contribu- amendment promotes tracking tech- ship on this issue. tion that these modes make in moving nology for truck shipments of high- Madam President, I yield the floor passengers throughout our Nation. Ap- hazard materials and requires new and suggest the absence of a quorum. proximately 24 million passengers ride guidance and assessments pertaining to The PRESIDING OFFICER. The Amtrak annually, and there are nearly hazardous materials truck routing. clerk will call the roll. 3.4 billion passenger and commuter rail The title also establishes programs The bill clerk proceeded to call the trips in this country each year. Simi- for reviewing and enforcing hazardous roll. materials and pipeline security plans Mr. INOUYE. Madam President, I ask larly, over-the-road buses transport ap- and requires the TSA to develop pipe- unanimous consent that the order for proximately 600 million passengers an- line incident recovery plans. the quorum call be rescinded. nually and are the only viable means of The PRESIDING OFFICER. Without public transportation for many people Additionally, the title authorizes the objection, it is so ordered. throughout the country. existing grant program for improving Mr. INOUYE. Madam President, the The recent attacks on the passenger intercity bus and bus terminal secu- provisions included in the Commerce trains and transit systems in Madrid, rity. Committee title, title 13 of the sub- London, and Mumbai all demonstrate Finally, the title clarifies, at the stitute amendment, reflect the Com- that railroads and surface transpor- TSA’s request, the Secretary of Home- merce Committee’s relentless efforts to tation systems are vulnerable targets land Security’s legal authority for ini- tackle emerging issues and building for terrorists, and are a constant re- tiating an administrative enforcement upon existing security transportation minder of what can happen in our com- proceeding for violations of security legislation. The provisions included in munities. regulations relating to nonaviation the Commerce title improve and en- We must address the risks facing our modes of transportation. hance our security efforts across all essential surface and rail transpor- Regarding aviation security, title 13 modes: rail, truck, motor carrier, pipe- tation systems here at home in a com- addresses all the recommendations in line, and aviation. prehensive and coordinated way before the 9/11 Commission’s report, including Senator STEVENS and I, and our col- we become the next victim of a suc- cargo and baggage screening, explosive leagues on the Commerce Committee cessful attack. detection at airport checkpoints, pas- are no strangers to the issue of trans- Toward this goal, Senator STEVENS senger prescreening, airport access portation security. In fact, the Com- and I, along with Senators LAUTEN- controls, and general aviation security. merce Committee responded and the BERG, ROCKEFELLER, KERRY, BOXER, The title requires the TSA to provide Congress enacted immediately in the SNOWE, PRYOR, CARPER, DORGAN, for the screening of all cargo being car- aftermath of the 9/11 attack landmark HUTCHISON, KLOBUCHAR, CANTWELL, and ried on commercial passenger aircraft aviation and maritime security laws. others, introduced the Surface Trans- within 3 years. The system must allow Last year, the Congress took its first portation and Rail Security Act of 2007, for a level of screening ‘‘comparable’’ step in 4 years, to significantly im- or STARS Act. This bill has 22 cospon- to that of checked baggage screening prove the Nation’s transportation secu- sors to date. and ensure the security of all cargo rity system by enacting the Commerce The STARS Act incorporates updated that is shipped on passenger aircraft. Committee’s SAFE Port Act, which versions of provisions within the Rail The aviation provisions in title 13 ad- strengthened the security of our Na- Security Act of 2004, which the Senate vance the deployment of electronic Ex- tion’s ports and maritime vessels. passed by unanimous consent in the plosive Detection Systems, EDS, at While significant in terms of the pro- 108th Congress, and the Senate version airports across the nation by extending tections provided to our ports and mar- of the SAFE Port Act which we passed the Aviation Security Capital Fund itime system, the Congress failed dur- in the 109th Congress. that is used to integrate such machines ing conference to seize the opportunity The Commerce Committee unani- into the baggage conveyor process. to enact comprehensive transportation mously reported this bill along with S. The title also bolsters the existing security legislation that would have 509, the Aviation Security Improve- grant program through changes in addressed many of the gaps in other ment Act, and S. 385, the Interoperable funding allocation requirements re- modes of the transportation system. Emergency Communication Act, on quiring a prioritized schedule for such Today we begin to correct that short- February 13, 2007, and these provisions projects that will increase flexibility coming with the proposed legislation are included in the substitute amend- for funding options. before us. ment before us today as title 13. Our legislation recognizes the threat The Commerce title to the substitute The surface and rail provisions in presented by passengers transporting amendment before the Senate address- title 13 require the Department of explosives through security check- es transportation security for our rail, Homeland Security and the Transpor- points and promotes key changes to ad- motor carrier, and pipeline industries. tation Security Administration to ex- dress this risk. The economic importance of these pand existing security initiatives and Title 13 requires the TSA to produce three industries can not be overstated. develop grant programs to assist pri- a strategic plan to deploy explosive de- While 95 percent of the Nation’s vate-sector surface transportation se- tection equipment at airport check- cargo comes through our ports, our rail curity efforts. The title authorizes $1.1 points and fully implement that plan system and our motor carriers move billion over fiscal years 2008 through within 1 year of its submission. They these goods from our coasts and bor- 2011. must also provide specialized training ders, through the interior of this coun- The rail title of the substitute to the screener workforce in the areas try, to their final destinations. To- amendment requires railroad risk as- of behavior observation, and explosives gether, these systems are the backbone sessments and plans for improving rail detection. To address ongoing problems that sustains our economy. security. It also authorizes grants to in developing an advanced passenger

VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.024 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2326 CONGRESSIONAL RECORD — SENATE February 28, 2007 prescreening system, the aviation pro- Today, our first responders continue of this program, but also require the visions in title 13 would ensure a sys- to struggle in their efforts to improve inspector general of the Department of tem is in place to coordinate passenger the interoperability of their systems. Commerce to annually review the ad- redress for those individuals The statutory guidance provided to ministration of this program. misidentified against the ‘‘no-fly’’ or NTIA in this legislation will help them The terrorists that seek to do us ‘‘selectee’’ watchlists. The TSA must in these efforts. harm are cunning, dynamic, and most also submit a strategic plan to Con- First, the provision would make clear of all, patient. While they have not gress for the testing and implementa- that proposals to improve interoper- successfully struck our homeland since tion of its advanced passenger able communications are not solely September 11, 2001, it does not mean prescreening system. limited to systems or equipment that they are not preparing to do so. To increase General Aviation, GA, se- utilize new public safety spectrum that They work 24 hours a day, studying curity, the title will require a threat will be vacated following the digital every move we make, looking for some assessment program that is standard- television transition. weakness to exploit. It is imperative ized and focused on GA facilities. It In a letter to the majority leader ear- that we stay ahead of them. will further require foreign based GA lier this year, Mayor Bloomberg of New We must recruit, train, and deploy a aircraft entering U.S. airspace to have York City noted the significant efforts skilled and dedicated security force. their passengers checked against ap- of his city to improve communications We must research and implement the propriate watchlists to determine if interoperability for first responders most effective and cutting edge tech- there are any potential threats on utilizing systems in other public safety nologies to enhance the capabilities of board. spectrum bands, and urged Congress to that security force. And we must pro- Title 13 of the substitute amendment eliminate the apparent eligibility re- vide communications equipment to our includes a number of additional provi- striction in current law. As a result, first responders that is interoperable sions that will take significant steps our provisions make clear that if the and accessible in the immediate after- toward strengthening aviation security project will improve public safety math of a disaster. generally. interoperability, it is eligible for fund- Simply put, our entire economy re- Title 13 will also authorize research ing. lies on a well-functioning, secure trans- and development spending for aviation In addition, the provisions provide portation system, and we must ensure security technology, remove the arbi- the NTIA Administrator to direct up to that the system, and the passengers trary cap of 45,000 full-time equiva- $100 million of these funds for the cre- and cargo that use it, are well pro- lent—FTE—employees currently im- ation of State and Federal strategic tected. posed on the TSA’s screener workforce, technology reserves of communications The steps we take in the coming and mandate security rules for foreign equipment that can be readily deployed months will impact our safety, secu- aircraft repair stations. in the event that terrestrial networks rity, and one of our most essential free- In addition, this title will require the fail in times of disaster. doms—movement—for years to come. TSA to develop a system by which the Recently, an independent panel cre- We must commit ourselves to ensuring Administrator will provide blast-resist- ated by FCC Chairman Kevin Martin to that our transportation security re- ant cargo containers to commercial review the impact of Hurricane Katrina mains a priority and is as strong and passenger air carriers for use on a ran- on communications networks noted the effective as possible. dom or risk-assessed basis, implement impact that limited pre-positioning of The provisions before the Senate this a sterile area access system that will communications equipment had in week that were reported out of the grant flight deck and cabin crews expe- slowing the recovery process. As a re- Commerce Committee make that com- dited access to secure areas through sult, these provisions will help to en- mitment. screening checkpoints, and require a sure that our focus on interoperability We have worked over the past several doubling of the DHS’s existing dog also considers the importance of com- years with our colleagues and with the team capacity used for explosive detec- munications redundancy and resil- TSA and DHS and with the FCC and tion across the Nation’s transportation iency. NTIA to address concerns, improve on network. Second, the provisions ensure that initial efforts, and plan for the future. In addition to transportation secu- funding allocations among the several Now, it is time to act and to pass these rity, title 13 also includes the text of S. States result in a fair distribution by provisions, so we can continue to move 385, the Interoperable Emergency Com- requiring a base amount of funding—.75 forward. munications Act, which I introduced percent—to be distributed to all The PRESIDING OFFICER. The Sen- earlier this year with Senators STE- States. ator from Connecticut is recognized. VENS, KERRY, SMITH, and SNOWE. Under On top of these minimum allocations, Mr. LIEBERMAN. Madam President, the foresight and leadership of Senator the provision would further require I thank Senator INOUYE for his extraor- STEVENS, during the Deficit Reduction that prioritization of these funds be dinary leadership in these matters. The Act, the Commerce Committee created based upon an ‘‘all-hazards’’ approach committees have differing jurisdic- a new $1 billion fund administered by that recognizes the critical need for ef- tions, all aimed at supporting home- the National Telecommunications and fective emergency communications in land security. The Commerce Com- Information Administration—NTIA—to response to natural disasters, such as mittee sections we are proud to have support state and local first responders tsunami, earthquakes, hurricanes, and put together with the parts that came in their efforts to talk to one another tornadoes, in addition to terrorist at- out of the Homeland Security Com- during emergencies. tacks. mittee, as well as parts that came out The interoperable provisions in title Finally, NTIA’s administration of of the Banking Committee. 13 provide congressional direction on the grant fund will not only help to in- It is always an honor and pleasure to the implementation of that fund. tegrate the disparate elements that work with Senator INOUYE. I thank him Since its creation, NTIA has served must be a part of effective interoper- for the contributions he and Senator as the principal telecommunications ability solutions, but will also ensure STEVENS and their committee have policy advisor to the Secretary of Com- greater program transparency and made to the overall movement in the merce and the President, and manages oversight. Given the myriad of dif- Senate to improve our homeland secu- the Federal Government’s use of the ferent grant programs administered by rity. I thank the Senator very much. radio spectrum. the Department of Homeland Security, Mr. INOUYE. Madam President, I In this capacity, NTIA has histori- it is critical that these funds—specifi- thank the chairman for his kind words. cally played an important role in as- cally allocated by Congress to speed up I yield the floor. sisting public safety personnel in im- our efforts to improve communications Mr. LIEBERMAN. Madam President, proving communications interoper- interoperability for first responders— I suggest the absence of a quorum. ability and recognizing that effective not get lost in the shuffle of other dis- The PRESIDING OFFICER. The solutions involve attention to issues of aster and nondisaster grants. clerk will call the roll. spectrum and government coordination As a result, the provisions not only The assistant legislative clerk pro- as well as funding. devote NTIA’s attention to the success ceeded to call the roll.

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.014 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2327 Mr. LIEBERMAN. Madam President, ‘‘(II) explosive materials (as defined in sub- section (b) until the want or warrant is re- I ask unanimous consent the order for sections (c) through (f) of section 841 of title leased or the indictment is dismissed. the quorum call be rescinded. 18); and ‘‘(D) DETERMINATION OF ARREST STATUS.— The PRESIDING OFFICER. Without ‘‘(III) a destructive device (as defined in ‘‘(i) IN GENERAL.—If a fingerprint-based objection, it is so ordered. 921(a)(4) of title 18 and section 5845(f) of the check discloses an arrest for a disqualifying Internal Revenue Code of 1986). crime listed in this section without indi- Mr. LIEBERMAN. Madam President, ‘‘(viii) Murder. cating a disposition, the Transportation Se- I yield to the Senator from South Caro- ‘‘(ix) Making any threat, or maliciously curity Administration shall notify the appli- lina, who has come to the floor to offer conveying false information knowing the cant of such disclosure and provide the appli- an amendment. same to be false, concerning the deliverance, cant with instructions on how the applicant The PRESIDING OFFICER. The Sen- placement, or detonation of an explosive or can clear the disposition, in accordance with ator from South Carolina is recognized. other lethal device in or against a place of clause (ii). AMENDMENT NO. 279 TO AMENDMENT NO. 275 public use, a State or other government fa- ‘‘(ii) BURDEN OF PROOF.—In order to clear a Mr. DEMINT. Madam President, I ask cility, a public transportation system, or an disposition under this subparagraph, an ap- to set aside the pending amendment. infrastructure facility. plicant shall submit written proof to the ‘‘(x) A violation of the Racketeer Influ- Transportation Security Administration, not The PRESIDING OFFICER. Without enced and Corrupt Organizations Act (18 later than 60 days after receiving notifica- objection, it is so ordered. U.S.C. 1961 et seq.), or a comparable State tion under clause (i), that the arrest did not Mr. DEMINT. Madam President, I law, if 1 of the predicate acts found by a jury result in conviction for the disqualifying thank the managers of this bill for the or admitted by the defendant consists of 1 of criminal offense. time and effort they have put into it. It the crimes listed in this subparagraph. ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— is almost 400 pages long, and it con- ‘‘(xi) Attempt to commit any of the crimes If the Transportation Security Administra- tains numerous provisions. I look for- listed in clauses (i) through (iv). tion does not receive proof in accordance ward to working with the Senator from ‘‘(xii) Conspiracy or attempt to commit with the Transportation Security Adminis- any of the crimes described in clauses (v) Connecticut, Mr. LIEBERMAN, and the tration’s procedures for waiver of criminal through (x). offenses and appeals, the Transportation Se- Senator from Maine, Ms. COLLINS, in ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- curity Administration shall notify— the coming days to make this bill bet- FENSES.—Except as provided under paragraph ‘‘(I) the applicant that he or she is dis- ter. I call up amendment No. 279. (2), an individual is disqualified from being qualified from being issued a biometric The PRESIDING OFFICER. The issued a biometric transportation security transportation security card under sub- clerk will report the amendment. card under subsection (b) if the individual section (b); The assistant legislative clerk read has been convicted, or found not guilty by ‘‘(II) the State that the applicant is dis- as follows: reason of insanity, during the 7-year period qualified, in the case of a hazardous mate- The Senator from South Carolina [Mr. ending on the date on which the individual rials endorsement; and DEMINT] proposes an amendment numbered applies for such card, or was released from ‘‘(III) the Coast Guard that the applicant is 279 to amendment No. 275. incarceration during the 5-year period end- disqualified, if the applicant is a mariner. ing on the date on which the individual ap- The amendment is as follows: ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— plies for such card, of any of the following Except as provided under subparagraphs (A) (Purpose: To specify the criminal offenses felonies: through (C), an individual may not be denied that disqualify an applicant from the re- ‘‘(i) Unlawful possession, use, sale, manu- a transportation security card under sub- ceipt of a transportation security card) facture, purchase, distribution, receipt, section (b) unless the Secretary determines At the appropriate place, insert the fol- transfer, shipping, transporting, delivery, that individual— lowing: import, export of, or dealing in a firearm or ‘‘(i) has been convicted within the pre- SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- other weapon. In this clause, a firearm or ceding 7-year period of a felony or found not PORTATION SECURITY CARDS TO other weapon includes— guilty by reason of insanity of a felony— CONVICTED FELONS. ‘‘(I) firearms (as defined in section 921(a)(3) ‘‘(I) that the Secretary believes could (a) IN GENERAL.—Section 70105 of title 46, of title 18 and section 5845(a) of the Internal cause the individual to be a terrorism secu- United States Code, is amended— Revenue Code of 1986); and rity risk to the United States; or (1) in subsection (b)(1), by striking ‘‘de- ‘‘(II) items contained on the United States ‘‘(II) for causing a severe transportation cides that the individual poses a security Munitions Import List under section 447.21 of security incident; risk under subsection (c)’’ and inserting ‘‘de- title 27, Code of Federal Regulations. ‘‘(ii) has been released from incarceration termines under subsection (c) that the indi- ‘‘(ii) Extortion. within the preceding 5-year period for com- vidual poses a security risk’’; and ‘‘(iii) Dishonesty, fraud, or misrepresenta- mitting a felony described in clause (i); (2) in subsection (c), by amending para- tion, including identity fraud and money ‘‘(iii) may be denied admission to the graph (1) to read as follows: laundering if the money laundering is re- United States or removed from the United ‘‘(1) DISQUALIFICATIONS.— lated to a crime described in this subpara- States under the Immigration and Nation- ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL graph or subparagraph (A). In this clause, ality Act (8 U.S.C. 1101 et seq.); or OFFENSES.—Except as provided under para- welfare fraud and passing bad checks do not ‘‘(iv) otherwise poses a terrorism security graph (2), an individual is permanently dis- constitute dishonesty, fraud, or misrepresen- risk to the United States.’’. qualified from being issued a biometric tation. (b) CONFORMING AMENDMENT.—Section transportation security card under sub- ‘‘(iv) Bribery. 70101 of title 49, United States Code, is section (b) if the individual has been con- ‘‘(v) Smuggling. amended— victed, or found not guilty by reason of in- ‘‘(vi) Immigration violations. (1) by redesignating paragraphs (2) through sanity, in a civilian or military jurisdiction ‘‘(vii) Distribution of, possession with in- (6) as paragraphs (3) through (7); and of any of the following felonies: tent to distribute, or importation of a con- (2) by inserting after paragraph (1) the fol- ‘‘(i) Espionage or conspiracy to commit es- trolled substance. lowing: pionage. ‘‘(viii) Arson. ‘‘(2) The term ‘economic disruption’ does ‘‘(ii) Sedition or conspiracy to commit se- ‘‘(ix) Kidnapping or hostage taking. not include a work stoppage or other em- dition. ‘‘(x) Rape or aggravated sexual abuse. ployee-related action not related to ter- ‘‘(iii) Treason or conspiracy to commit ‘‘(xi) Assault with intent to kill. rorism and resulting from an employer-em- treason. ‘‘(xii) Robbery. ployee dispute.’’. ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(xiii) Conspiracy or attempt to commit fined in section 2332b(g) of title 18), a com- any of the crimes listed in this subpara- Mr. DEMINT. Madam President, the parable State law, or conspiracy to commit graph. amendment I have offered, No. 279, is such crime. ‘‘(xiv) Fraudulent entry into a seaport very simple. It codifies the recent regu- ‘‘(v) A crime involving a transportation se- under section 1036 of title 18, or a comparable lations issued by the Department of curity incident. State law. Homeland Security which bans certain ‘‘(vi) Improper transportation of a haz- ‘‘(xv) A violation of the Racketeer Influ- criminals from gaining security access ardous material under section 5124 of title 49, enced and Corrupt Organizations Act (18 to our seaports. My amendment is or a comparable State law. U.S.C. 1961 et seq.) or a comparable State needed to protect these regulations ‘‘(vii) Unlawful possession, use, sale, dis- law, other than any of the violations listed from outside groups that may chal- tribution, manufacture, purchase, receipt, in subparagraph (A)(x). lenge them in court, as well as from fu- transfer, shipping, transporting, import, ex- ‘‘(C) UNDER WANT WARRANT, OR INDICT- port, storage of, or dealing in an explosive or MENT.—An applicant who is wanted, or under ture administrations that may repeal explosive device. In this clause, an explosive indictment, in any civilian or military juris- or weaken them. or explosive device includes— diction for a felony listed in this paragraph, My amendment is also bipartisan and ‘‘(I) an explosive (as defined in sections is disqualified from being issued a biometric should not be controversial. It was 232(5) and 844(j) of title 18); transportation security card under sub- unanimously adopted by this body last

VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.026 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2328 CONGRESSIONAL RECORD — SENATE February 28, 2007 year as part of the SAFE Port Act Russian mafia attempting to sell mis- rity regulations. In response to a Wall which passed 98 to 0. Unfortunately, it siles to an FBI agent who he believed Street Journal editorial on the subject, was gutted by the conference com- was acting as a middleman for terror- the union stated that the TWIC secu- mittee behind closed doors, and that is ists. rity regulations were ‘‘ . . . double why I am offering it again today. Joseph Billie, Jr., the FBI’s top coun- jeopardy and unconstitutional.’’ This is As my colleagues know, the Mari- terterrorism official, recently com- a clear indication that they have a time Transportation Security Act re- mented that the FBI is continuing to legal challenge in mind. It seems clear quires the Transportation Security look at a nexus between organized that once longshoremen start applying Agency, TSA, to develop a biometric crime and terrorists, and they are for TWIC cards and some members are security card for port workers at our looking at this very aggressively. The rejected because they are convicted fel- seaports that can be used to limit ac- threat not only comes from criminals ons, the labor unions are going to take cess to sensitive areas within a sea- working directly with terrorists, it the Department of Homeland Security port. The security card is called a also comes from criminals who may to court and try to bog the regulations transportation worker identification look the other way when a suspect con- down in lengthy legal battles. The con- card or, as we sometimes call it, a tainer comes from a port. Joseph King, sequence will be that as we continue to TWIC. a former Customs Service agent and fight this global war on terror, Amer- The law requires that the Secretary now a professor at the John J. College ica’s ports will be staffed by serious fel- issue this card to any individual re- of Criminal Justice, outlined the con- ons who cannot be trusted. questing it unless the Secretary deter- cern very clearly: ‘‘It is an invitation Some of my colleagues may be mines that the individual poses a ter- to smuggling of all kinds,’’ he said. tempted to come to the defense of the rorism security risk or if the individual ‘‘Instead of bringing in 50 kilograms of longshoremen. They will say that the has been convicted of treason, ter- heroin, what would stop them from individuals in question have paid their rorism, sedition, or espionage. To clar- bringing in 5 kilograms of plutonium?’’ debt to society and barring them is ify who poses a security risk, the De- The nightmare scenario here is where a gutting our port workforce. They may partment of Homeland Security re- criminal at one of our ports who may also claim that the crimes listed in the cently issued regulations that bar cer- think he is just helping a friend smug- Department of Homeland Security reg- tain serious felons from receiving these gle in drugs inadvertently helps smug- ulations are somehow not related to TWICs. Specifically, the regulations gle in a weapon of mass destruction. homeland security. These objections permanently bar from our ports crimi- That is a risk we cannot take. are just plain wrong. nals convicted of espionage, sedition, I offered this amendment last year to I don’t disagree that convicted felons treason, terrorism, crimes involving address this threat and to ensure that should be given a second chance. I hope transportation security, improper serious felons are kept out of our ports. they get back on their feet and become transport of hazardous material, un- My amendment codified in statute the productive members of their commu- lawful use of an explosive device, bomb then-proposed TWIC regulations. As I nities. What I disagree with is that we threats, murder, violation of the RICO said earlier, my amendment was unani- should give serious felons a pass, lit- Act, where one of the above crimes is a mously adopted and was included in erally and figuratively, to access the predicate act, and conspiracy to com- the Senate-passed version of the SAFE most secure areas of America’s port in- mit any of these crimes. Port Act that passed 98 to 0. Unfortu- frastructure. When they are fresh out The Department of Homeland Secu- nately, my amendment was also com- of prison, we should not trust them rity regulations also bar recent fel- pletely gutted behind closed doors in with the most vulnerable areas of our ons—defined as those convicted within the conference committee. The provi- ports. The stakes here are simply too the last 7 years or incarcerated in the sion went from addressing a list of 20 high. last 5 years—from gaining access to serious felons to a list of just 4. These As for the concern that barring these our ports if they have been convicted of 4 felonies are so rare that the con- individuals will empty the ranks of the any of the following felonies: assault ference committee made the provision port workforce, the facts don’t agree. with intent to murder, kidnapping or almost meaningless. When the Department of Homeland Se- hostage-taking, rape or aggravated sex- I am extremely disappointed by the curity issued nearly 350,000 ID cards for ual abuse, unlawful use of a firearm, stealth opposition to this measure. I hazmat truckdrivers and subjected extortion, fraud, bribery, smuggling, cannot understand who would oppose them to the same background check immigration violations, racketeering, banning serious felons from gaining se- that is required by my amendment, robbery, drug dealing, arson, or con- cure access at our American ports. only 3,100 were rejected. That is less spiracy to commit any of these crimes. While no Senator has been willing to than 1 percent. The fact is, we are talk- These regulations were developed publicly oppose this measure, the long- ing about an isolated group of serious after an extensive process that in- shoremen’s labor union was more than felons here, and the workforce in the cluded consultation with the Depart- happy to take credit for gutting the United States is dynamic enough to ment of Justice and Transportation to provision. Late last year, the Inter- supply the few thousand longshoremen identify individuals who have a propen- national Longshore and Warehouse who may be needed to replace those we sity to engage in unlawful activity, Union claimed credit for killing the let go. specifically activity that places our provision in the SAFE Port conference Finally, some may say these felonies ports at risk. These regulations gov- committee. They stated in their news- do not represent serious crimes. To erning who can gain access to our sea- letter: that, I would ask any of my colleagues ports are nearly identical to the regu- We have heard rumors that Senator to tell me which individual he or she lations that govern those who can gain DEMINT is particularly angry with the wants working at our ports where secu- access to our airports as well as those union’s successful lobbying effort to strip his rity is so important: Murderers? Extor- who can transport hazardous material anti-labor provision. He may attempt to tionists? Drug dealers? Bomb makers? I in our country. amend another piece of legislation, so the just want to hear the rationale for These prohibitions are crucial be- union will stay on guard to protect its mem- trusting these criminals with our na- cause individuals who engage in this bers’ interests. tional security. type of unlawful activity have a great- Apparently, this union has stayed on The bottom line is this: My amend- er likelihood to engage in these acts or guard because it was able to get five ment applies nearly the same protec- in acts that put American ports and Senators to object to this vital home- tions to seaports that are already ap- American lives at risk. Our law en- land security measure when I tried to plied at our airports. It will make us forcement officials understand this pass it the second time late last year. safer by keeping individuals who have risk. They understand the threat our I wish I could say that the unions shown a willingness to break the law ports face when traditional criminals, would stop at fighting this legislation outside our ports. This is extremely particularly organized criminals, work on the Senate floor, but they are also important. We can spend all the money with terrorists. For example, the FBI gearing up to mount a legal battle in our Treasury trying to screen cargo, recently apprehended a member of the against Department of Homeland Secu- but if we don’t screen the people who

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.027 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2329 work at our ports, we cannot expect to can, within reason and respectful of a real, practical problem. It is an issue be safe. common sense and constitutional that needs to be dealt with. Her amend- I do wish to thank several people for rights, to secure our critical transpor- ment makes a lot of sense. It does not supporting this important policy. tation facilities, including our ports. I repeal the law. What it does is to say First, I thank the Senator from Maine, rise now to simply thank the Senator that the law is not going to be imple- Ms. COLLINS, who was very helpful to for offering his amendment, to tell him mented until 2 years following the me during the debate on the SAFE we will consider it with some thought- issuance of the regulations. Here we Port Act last year. I also thank the fulness and look forward to working are, with this law supposed to be imple- Senator from Connecticut, Mr. with him as we move toward a vote on mented by our State legislatures this LIEBERMAN, for his support. I should this amendment. year, and we don’t even have the regu- also say that the Senator from Hawaii, I thank the Chair, and I yield the lations coming out of the Department Mr. INOUYE, was also helpful in getting floor. of Homeland Security yet. They don’t this provision into the bill. The PRESIDING OFFICER. The Sen- know how to carry out the provisions This is a bipartisan proposal, and it ator from Georgia. of this law. should not be controversial. Americans Mr. CHAMBLISS. Mr. President, I support the Collins amendment, No. expect us to check and verify the na- what is the pending business? 277. I think it makes an awful lot of ture of the people who work at our sea- The PRESIDING OFFICER. The sense. It allows us to go back in and DeMint amendment is the pending ports, and we have a responsibility to take a more thorough look at this par- business. ensure that happens even if it upsets a ticular issue and decide how we can ac- Mr. CHAMBLISS. I ask unanimous labor union that feels compelled to consent that amendment be set aside complish the results that the REAL ID protect the jobs of a small group of se- and I be allowed to speak on the Col- Act wants to accomplish but at the rious felons. My amendment codifies in lins amendment, No. 277, please. same time not burden our States with statute these important security regu- The PRESIDING OFFICER. Without a mandate that none of us intended to lations, and I hope all of my colleagues objection, it is so ordered. impose upon them. will support it. I do support this amendment. I hope AMENDMENT NO. 277 I appreciate the opportunity to speak Mr. CHAMBLISS. Mr. President, I when the time comes it will receive not on this important measure, and I will rise today in support of the amendment only passage but significant numbers be happy to work with the bill man- offered by my colleague from Maine, to support the passage of this amend- agers to arrange a time to come back ment. Senator COLLINS, relative to the issue to the floor if further debate is needed. of REAL ID. I was back in my State I yield the floor. I thank the Chair for this time, and I The PRESIDING OFFICER. The Sen- last week, as most of us were, and I had yield the floor. ator from Maine. the opportunity to speak to our legisla- The PRESIDING OFFICER (Mr. Ms. COLLINS. Mr. President, I thank ture and visit with members of both MENENDEZ). The Senator from Con- the Senator from Georgia for his sup- the State house and the State senate in necticut. port and his excellent comments. This Atlanta, and I cannot tell you the Mr. LIEBERMAN. Mr. President, I is a carefully drafted amendment. It angst and apprehension that I saw thank our friend from South Carolina doesn’t rewind the clock in terms of among members of my legislature over for the amendment he has offered. We throwing out the work that the Depart- this issue of REAL ID. worked together when last this subject When I got back I did not understand ment has done, but it recognizes that it came before the Senate to bring about why there would be that much concern is simply unreasonable to expect a result that I believe was a good one about the issue. I was not sure how this States to comply by May of next year and in the public interest, which was thing came about. When I checked with with complex and costly regulations that the Secretary of Homeland Secu- my staff I found out, as Senator ALEX- that the Department has yet to issue. rity issued regulations to create an ANDER said this morning in his com- The Department has yet to issue the identity card. The card has a mar- ments, that this was a measure that detailed guidance that the States need. velous acronym, which doesn’t sound was stuck into the Katrina appropria- It also recognizes that the quality of as serious as it is. The acronym is tions bill that did not go through com- the final regulations will be improved TWIC, transportation worker identi- mittee, we did not have debate on it on by the formation of a committee with fication card. This is one of the neces- the floor of this body, and I don’t think State officials, privacy advocates, sities of the post-9/11 age, that we need anybody here understood the real con- technological experts, and Federal offi- to move toward some filter for people sequences of it. cials sitting down, looking at the regu- working in areas that now have become When the 19 hijackers came to this lations, and providing input to the De- higher vulnerability areas and are country and carried out the horrific at- partment on their proposed regulations more likely targets for terrorism. Un- tack on September 11, they were in and also providing that input to us. fortunately, that includes our ports possession of 63 driver’s licenses issued The third provision of the amend- and, obviously, includes our airports as by various States around the country. ment would increase the waiver au- well, which have a separate ID program That should never have happened, and thority that the Secretary can have if on which they are working. we need to make sure it does not hap- it proves that there are technological I know there is some hope within the pen again. But the fact is, I don’t think barriers to complying with certain pro- Department of Homeland Security that anybody understood the consequences visions of the law. I think this is a rea- we are moving toward a more common of this REAL ID Act as it pertains to sonable approach to a real problem. program for a similar background that particular issue of driver’s li- Finally, let me say to my colleagues, check and card for postal workers at a censes. the estimates for the cost of compli- host of different transportation-related In 1994, when I was elected to the ance with this law are as high as $11 locations to protect them and us from House of Representatives, we talked a billion over the next 5 years. This is a potential terrorist attacks. lot about unfunded mandates. The Pre- huge unfunded mandate on the States. Senator DEMINT, I gather from his siding Officer was a Member of that My hope is through our approach we statement—and I appreciate his inten- body. He remembers well we had a lot can come up with more practical, cost- tions here—intends by this amendment of conversations about unfunded man- effective means of achieving a goal to codify in law the regulations the De- dates coming out of Washington to our that all of us share and that is improv- partment of Homeland Security has es- State and local officials and organiza- ing the security of driver’s licenses tablished for these identification cards tions that were required to fund those that are used for Federal identification for workers at our ports. I want to take mandates that we passed. There is no purposes, such as boarding an airplane. a look at it. I know Senator COLLINS bigger unfunded mandate that we have There is a real need to have a secure does as well. We want to work with passed lately that is more atrocious driver’s license, but let’s do it in a Senator DEMINT. than this particular mandate. practical, collaborative way, and let’s Clearly, the intention here is one we I applaud Senator COLLINS for look- make sure there is adequate time to all share, which is to do everything we ing at this issue, for deciding that it is comply.

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.029 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2330 CONGRESSIONAL RECORD — SENATE February 28, 2007 I thank the Senator from Georgia for set in motion, then, the largest Federal Here is my challenge, and I will ask his support and for his excellent com- tax increase of all time? This is a fact. my friends to listen up. Anyone on the ments. It will happen. When we have a other side who considers themselves a I ask unanimous consent that the sunsetting of tax law, it is possible to deficit hawk needs to prove it, then, on Senator from Georgia, Mr. CHAMBLISS, have a tax increase without Congress the spending side. Compared to our be added as a cosponsor of the Collins voting it. In this particular instance, committee already raising revenue by amendment, No. 277. this would put in place the biggest Fed- $200 billion by closing tax loopholes The PRESIDING OFFICER. Without eral tax increase ever. and tax abuse, show me, then, a spend- objection, it is so ordered. Over the next few days, I want to ing restraint proposal for deficit reduc- Ms. COLLINS. Mr. President, I sug- talk about the tax issues—I want to do tion. I issued that challenge several gest the absence of a quorum. it topic by topic—that are going to years ago and have issued it repeat- The PRESIDING OFFICER. The come up during debate on the process edly. No one from the other side has clerk will call the roll. of the budget. There are probably many stepped up. We can look and look and The assistant legislative clerk pro- ways to do it, but this is how I split the look and we won’t find such a proposal. ceeded to call the roll. general subject into topics: One, the All of those liberal think tanks that Mr. GRASSLEY. I ask unanimous importance of preventing a tax hike on oppose tooth and nail any kind of tax consent that the order for the quorum virtually all American taxpaying fami- relief are usually advocates of spending call be rescinded. lies and individuals. That is what I increases, all of this under the guise of The PRESIDING OFFICER. Without want to visit about today. Next is the fiscal responsibility. We won’t find any objection, it is so ordered. negative economic consequences of proposals to restrain spending from Mr. GRASSLEY. Mr. President, I ask sunsetting the bipartisan tax relief these liberal think tanks. unanimous consent to speak as in plan that will be the biggest tax in- If we look at the media sources that morning business for 20 minutes. I crease in the history of the country are sympathetic to the views of the don’t think I will use all that time. If without a vote of the people, if we Democratic leadership or the liberal I need more time, I will ask for it. don’t do something about it. Then an- think tanks, we will find hard-line op- The PRESIDING OFFICER. Without other time, I am going to review Demo- position to tax relief and a lot of tax objection, it is so ordered. cratic tax increase offset proposals increase proposals but, likewise, no TAXES with a specific focus on the limits and proposal reining in spending. They will Mr. GRASSLEY. Mr. President, as problems associated with those tax in- claim the mantle of fiscal responsi- everybody who follows Congress on a creases. bility but won’t show anything on the regular basis knows, when you get Next I will focus on one particular spending side other than spending in- close to the month of March, we are in ill-defined but often mentioned offset; creases. For these folks, when it comes budget season. The President sent his that is, reducing the tax gap. Every- to deficit reduction, there is only one budget to the Hill, which he does regu- body is for reducing the tax gap, and I side of the Federal ledger. That is rais- larly, the first week of February, about am working with Senator BAUCUS to do ing taxes. a month ago. So now it is up to the that. He is chairman of our committee. We have a Federal Government that Congress. In the next few days the Sen- But there has to be realism brought is projected to spend $2.7 trillion for ate Budget Committee will be marking into that debate, and I hope to provide this fiscal year alone and is projected up our budget resolution. that realism. Then fifth and last, tax to spend $33.7 trillion over the next 10 For the public at large, don’t confuse reform and simplification, its necessity years. Yet leadership on the other side a budget resolution, which is a dis- and bipartisan opportunities to do so. of the aisle, the liberal think tanks cipline for Congress on budgeting, with These discussions are meant to be that back them up, and the media that appropriations bills that actually give about the revenue side of the budget. helps them get their message out so the President the authority to spend But before we get into the revenue side easily and is sympathetic to their money. They come along a little bit of the budget, I want to issue a chal- views, can’t find a dollar of savings on later in the year. lenge to my friends on the other side of the spending side. To these folks, with At a minimum, the budget resolution the aisle. It is a challenge I have made all due respect, I want to call them will lay out the fiscal priorities of the over the last few years. It is in the con- out. They won in November. The Con- next 5 years. As everyone knows, the text of intellectually honest budgeting. gress is in their hands. Let’s see some American people spoke last November It is also in the context of the bipar- credibility on the spending side of the and sent a Democratic majority to tisan record of the Finance Committee ledger. Show the taxpayers the money. both Houses of Congress. For the first on tax policy over the last few years. Show me a proposal to restrain spend- time in 12 years, Democrats will take That tax policy has been led by this ing and put it to deficit reduction. the initiative on the Senate budget. As Senator, when I was chairman, and by That is a preliminary point. ranking Republican on the Finance Senator BAUCUS working with me dur- Now I will move to talk about pre- Committee, which deals with taxes, ing that period of time, or Senator venting tax hikes. The same group’s trade, Social Security, Medicare, and BAUCUS, now leading the committee position on current law tax relief is Medicaid, and also as the senior Repub- and, hopefully, my always working radically different than its position on lican on the Budget Committee, which with him as he worked with me. spending restraint. Back in 2001 and is the committee that sends the budget That bipartisan record of the Senate 2003, Congress approved, and the Presi- to the Senate, I am eager to see the di- Finance Committee shows about $200 dent signed, legislation that provided rection the new Democratic majority billion of revenue raisers from antitax across-the-board tax relief to nearly wants to take on fiscal policy for this shelter measures and corporate loop- every American taxpayer. The Demo- year, but the budget also has long-term hole closures, basically doing some- cratic leadership, liberal think tanks, implications of 5 years. thing about abuse of the Tax Code, un- and sympathetic east coast media There are a lot of questions I am intended by Congress, by people who criticized tax relief on a couple of waiting to get answered. What will be can hire very sophisticated lawyers to grounds. One charge was that the tax their plan on pay-go, which means pay find ways around paying taxes. We relief was a tax cut for the rich. The as you go? With spending at higher- have closed $200 billion of those, and it other charge was that the bipartisan than-average levels of our economy, has been bipartisan. So when I hear tax relief was fiscally irresponsible. what kind of spending discipline will from self-styled deficit hawks, or from Nonpartisan Joint Committee on the Democratic majority show? On the the media, who are sympathetic to Taxation distribution tables actually revenue side of the ledger, will Demo- those points of view that we need high- put a lie to that first charge. The crats look to prevent a tax increase on er taxes to reduce the deficit, I believe record levels of revenue show that the virtually every American taxpayer a the Finance Committee has anted up in growing economy, the expanding U.S. few years down the road, when the terms of producing revenue raisers economy, and economic stimulus from present tax policy sunsets, or will the without raising general levels of tax- tax relief better the Nation’s fiscal sit- Democratic majority, without a vote, ation on the American people. uation, bringing in more tax dollars,

VerDate Aug 31 2005 00:11 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.033 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2331 not depriving the Federal Treasury of gest source of new jobs in this great penalty relief we delivered in over 30 dollars. country of ours—and it hits small busi- years. The Joint Committee on Tax- This debate on preventing tax in- ness the hardest. ation scores this proposal at $52 billion creases is often couched only in macro- The Treasury Department estimates over 10 years, and Treasury estimates economic terms. We will hear what it 33 million small business owners who that in 2004, nearly 33 million married ‘‘costs’’ to extend bipartisan tax relief. are taxed on their business income at couples benefited from this tax relief. We will hear very big numbers. For in- individual rates benefit from the mar- Again, I do not think many folks would stance, the Joint Committee on Tax- ginal rate cuts. Repealing these cuts want to raise taxes on people because ation projects that the revenue loss would cause 33 million small business they decided to be married. I hope the from making the bipartisan tax relief owners to pay a 13-percent penalty. Do Democratic leadership would agree permanent is $1.9 trillion over the next the Democratic leaders want to raise with that statement. 10 years. That is the way the Demo- taxes on these small business tax- Another proposal is expensing for cratic leadership, liberal think tanks, payers, restricting the ability of small small businesses; in other words, writ- and sympathetic east coast media will business to create jobs? ing everything off in 1 year instead of define proposals to prevent a tax hike. Treasury also projects that small stretching it out over 10 years. This is We won’t see them talk about the num- business gets over 80 percent of the a commonsense, bipartisan proposal ber of families who benefit from the ex- benefits of the cuts in the top two and directed specifically to small busi- tension of the $1,000 child tax credit. rates. Do we want to raise the tax rates ness—the engine that creates new jobs. You won’t see them talk about the on these people—small businesses for According to IRS Statistics of Income, number of married couples who benefit the most part—by 13 percent? Does 6.7 million small businesses across the or the average family benefit from that make any sense? So to the Demo- country benefited from this expensing marriage penalty relief. cratic leadership, what do you say? provision in 2004. If we do not make it Today I am going to take a few min- How about the death tax relief pack- permanent, small businesses face a tax utes and shed some light on the side of age? The Joint Committee on Taxation increase of $19 billion over 10 years and the debate about extending bipartisan scores that package at $499 billion over probably sputtering the engine that tax relief. Lord only knows, there is 10 years. Most of the revenue loss is at- creates so many jobs in America. Does not much light shed on these impor- tributable to increasing the exemption the Democratic leadership think small tant facts, because everybody is talk- amount and dropping the rate to 45 business expensing is an unwise tax ing about tax relief for the rich. I will percent on already taxed property. Is it policy? acknowledge the critics’ point on the unreasonable to provide relief from the Continuing on through the bipartisan macro cost of extending tax relief. But death tax or should we raise the death tax relief package, let’s take a look at education tax relief. This package, keep in mind, a liberal’s tax relief cost tax on small businesses and family which will help Americans deal with is a conservative’s tax hike, when we farms? That is what will happen if the college education costs, scores at $12 are talking about extending current bipartisan tax relief package is not ex- billion over 10 years by the Joint Com- law. They are the two sides of the same tended. So to the Democratic leader- mittee on Taxation. IRS Statistics of taxpayer’s coin. I will agree to that ship, what is your take on that provi- Income show nearly 16 million families number, but call it a $1.9 trillion tax sion? and students benefited from this tax increase. Do the opponents want to repeal the So I am going to follow the Demo- relief in 2004. proposal to double the child tax credit, In this era of rising higher education cratic leadership plan and dismantle which the 2001 bill does? Mr. President, costs, should we gut tax benefits for the bipartisan tax relief package bit by 31.6 million families benefit from the families to send their kids off to col- bit. I am also going to challenge the child tax credit, according to the Joint lege? Does the Democratic leadership Democratic leadership to show us the Committee on Taxation. Or how about think that is the way to go, which money by indicating whether they the refundable piece that helps 16 mil- would be the way we would go if Con- want to scrap each piece as I move lion kids and their families? That pro- gress does nothing and you let this tax through the package. Which pieces posal loses $135 billion over 10 years. I law sunset? would they scuttle? I will work do not think we would have a lot of Finally, families where both parents through the bipartisan tax legislation takers on that one. They are going to work have to deal with childcare ex- piece by piece. want to extend that. Democratic lead- penses. The tax relief package includes Let’s start, then, with the basis for ership, do you agree? enhanced incentives for childcare ex- the 2001 bipartisan tax relief measure. How about the lower rates on capital penses. Mr. President, 5.9 million fami- That is the new 10-percent bracket. gains and dividends? Thirty-three mil- lies across America benefit, according The revenue loss for this part of the lion Americans—a good number of to the Joint Committee on Taxation. package is $299 billion over 10 years, them low-income seniors—benefit from Does the Democratic leadership think according to the Joint Committee on the lower tax rates on capital gains we ought to take away these childcare Taxation. The 10-percent bracket is a and dividends, according to the Joint benefits? That is what would happen if huge piece of tax relief for low-income Committee on Taxation. Does the the tax cuts of 2001 were sunset. It people. The 10-percent bracket does Democratic leadership think we should would happen without a vote of the that. No wonder 100 million families raise taxes on these 33 million Ameri- Congress either. and individual taxpayers benefit from cans benefiting from these lower tax Now, I have taken you through about the 10-percent bracket. I do not think rates? That would be families and indi- $1.9 trillion of tax relief. It sounds like anybody wants to dismantle that piece. viduals. a lot in abstraction, but it provides re- But I want to hear that from the On a side note, in another speech, I lief to every American who pays in- Democratic leadership because that is will be talking about the worrisome come tax. I would ask any of those who a compromise of their position of Goldman Sachs economic report on the want to adjust or restructure—and whether the 2001 tax increases ought to adverse economic effects of failing to those are words that are used around sunset. extend lower rates on capital gains— here about this tax relief package Where do we go next, then? The mar- this line right here, as shown on the passed in 2001—do you want to adjust it ginal tax rate cuts, which include the chart—when it expires. or restructure it? Where would you cut 10-percent bracket, lose $852 billion There are consequences to what Con- in this package? over 10 years, according to the Joint gress does. When you have a booming Would you hit the 10-percent bracket, Committee on Taxation. That proposal economy, there could be very detri- driving up the taxes of low-income peo- reduces the taxes of approximately 100 mental consequences to the country ple? Would you hit small business tax million families and individuals across when you take away the incentives relief and sputter the growth machine, America. It appears some folks think that have had this economy exploding the job machine of America; or the now 35 percent is too low of a top rate. Well, like not any time since the early 1990s. refundable child tax credit, and hurt guess what. Repealing the marginal Let’s take a look at the marriage low-income people; or the death tax re- rate cuts hits small business—the big- penalty piece. It is the first marriage lief; or the marriage penalty relief;

VerDate Aug 31 2005 02:56 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.035 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2332 CONGRESSIONAL RECORD — SENATE February 28, 2007 dividends and capital gains relief; edu- The U.S. Air Force catalogs all of the a velocity of 10,000 miles per hour be- cation tax relief; or childcare tax re- space debris. Therefore, we have the cause, if it is in a different orbit and lief? I hope not. Because in a recov- ability, if something really got in the suddenly it crosses the orbit of the ering economy, with above-average lev- way, to actually maneuver the space space station and hits it—remember, els of individual income tax, as a per- station out of the way of that debris— going around the Earth in orbital ve- centage of GDP, even with the tax re- if we know where that debris is. The locity is 17,500 miles an hour. If that lief package in place, which areas same is true with weather and recon- debris hits at right angles, you are would you adjust, which areas would naissance satellites. I don’t need to say going to have a velocity of 17,500 miles you restructure? anything about weather satellites here. an hour. With the space station going Why, then, undo bipartisan—with Everybody knows because it is obvious at a different orbit, you start to see the emphasis upon ‘‘bipartisan’’—tax cuts what technology we have today to see kind of kinetic energy that could rain that make the Tax Code actually more the approaching storms, and if you live from such a collision. So it complicates progressive? Now get that, not regres- on the coast and it is during the sum- it, and it complicates it not only for sive; it is more progressive now than mer, it is all the more important, be- the American space program but for before the tax bill of 2001. cause of an inbound hurricane, that ev- every space program on planet Earth, As folks on both sides of the aisle erybody is prepared. and that is the problem. say, budgets are about priorities. As Well, what is preparing us? It is not That is what the Chinese have done the Democratic leadership draws up its only that airplane that is flying into for us. Yet there has been a suspicious budget, we will hear a lot of talk about the hurricane, it is those satellites silence of anybody speaking out in the a big number for extending tax relief. that are constantly tracking the posi- world community about what the Chi- It is a big number. It is the biggest tax tion of that hurricane. Those are nese have done in space. There was an increase ever. It is going to affect near- threatened by this space debris, which intellectual discussion about China ly every American taxpayer. brings me to share with my colleagues: having shown they have the capability If leadership now in the majority of Isn’t it interesting that there has al- of targeting an antisatellite to hit a this body, because of the results of the most been a strange silence throughout satellite, which is a significant feat. last election, decides to propose the the world for the last 6 weeks after the But in the process, they ignored the biggest tax increase in history in the Chinese tested their antisatellite mis- threats now to all of the human and name of deficit reduction, I will be sile, which created a debris field that is nonmanned assets that are up there, looking for that one, single dollar of 100 times more than any debris that not just for our country but for every spending restraint I never see. Now, has been created, and because of its al- country in the world that depends on a maybe we will see it, but I will bet we titude, some 500 miles, it is going to be satellite or a spacecraft of some kind. would not. Only time will tell, and it years before all of that debris is pulled That is what we are facing. That is will be within the next 2 or 3 weeks. back to Earth by the gravitational pull what we have to figure a plan for. I Mr. President, I yield the floor. I do of the Earth? hope the Chinese who have had sin- not think I see any colleagues who It is that debris field of thousands of gular success—and this Senator has in- wish to speak, so I suggest the absence particles, as a result of the Chinese vited their Chinese astronaut to come of a quorum. rocket destroying a Chinese satellite here and visit, and he did. This Senator The PRESIDING OFFICER. The by hitting it and exploding all of the has congratulated them on their space clerk will call the roll. kinetic energy in parts into the vacu- accomplishments. But this time China The bill clerk proceeded to call the um of space, that now we have a new has done something in accomplishing roll. threat not only to our space station something technologically that has en- Mr. NELSON of Florida. Mr. Presi- but also to all of our weather satellites dangered the other nations of the world dent, I ask unanimous consent that the and our reconnaissance satellites. So with the manned and the unmanned order for the quorum call be rescinded. my colleagues can imagine the head- programs. The PRESIDING OFFICER. Without ache now for the U.S. Air Force of try- objection, it is so ordered. ing to track all of that Chinese debris, That is what is facing us. This is only Mr. NELSON of Florida. Mr. Presi- much more so I think just from that the first the Chinese have heard from dent, I ask unanimous consent to speak one explosion, more debris than all the this Senator about how they have en- as in morning business. other debris that is up there. It is dangered the interests of planet Earth. The PRESIDING OFFICER. Without going to take several years before it Mr. President, I yield the floor and objection, it is so ordered. ever comes down because of the alti- suggest the absence of a quorum. SPACE STATION SAFETY REPORT tude where the kinetic energy occurred The PRESIDING OFFICER. The Mr. NELSON of Florida. Mr. Presi- when the vehicle slammed into the tar- clerk will call the roll. dent, there was a space station task get, which was an old Chinese weather The bill clerk proceeded to call the force safety report released yesterday satellite. roll. which points out a number of hazards So as we are looking at the future of as we are now in the process of com- NASA and the completion of the space Mr. LIEBERMAN. Mr. President, I pleting the space station. Remember station and the saving of the Hubble ask unanimous consent that the order that we have this multibillion-dollar space telescope, which has opened vast for the quorum call be rescinded. structure about 300 miles above the vistas of new knowledge to us about The PRESIDING OFFICER (Mr. Earth, with a crew of three, and even- the heavens and about the origin of the PRYOR). Without objection, it is so or- tually it will have more of a com- universe, thanks to the Chinese, as we dered. plement, of five or six, which will have do this we now have to worry about Mr. LIEBERMAN. Mr. President, I the ongoing, full-time responsibility of something that could be lethal to our rise to speak about two parts of the bill scientific experiments. Right now it is astronauts and cosmonauts who are on- that is before us, the Improving Amer- about two football fields long. During board the space station. ica’s Security Act, which is really the the completion, which will occur over Some of the things they are talking attempt by our committee and the the next 3 years, it will have all the ad- about in this report released yesterday Senate to finish the job the 9/11 Com- ditional appendages, including the include some kind of special curtains mission gave us to protect the security international laboratory we need to they put over the windows that would of the American people from terrorist conduct all of the experiments that we give extra protection to the glass of attack and also to adopt for the first want. Yet the task force that released the space station windows. Others are time a national all-hazards defense its report yesterday says there are cer- talking about protective blankets they strategy that would set up a system tain inherent hazards that we have al- might put over very sensitive areas of that would not only be aimed at pre- ways known about, such as meteorites the space station that could be hit by venting and, if, God forbid, necessary, striking and/or space debris. debris. This debris could be coming at responding to a terrorist attack but

VerDate Aug 31 2005 02:56 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.036 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2333 also being ready and preparing every February 2007, and that problem re- sistant communications system for our level of government to be ready to re- mains as real and intense as ever. country. We don’t know the exact price spond to a natural disaster. The Commission recommended expe- tag, but we do know the costs will be The amendment offered by the Sen- diting and increasing the assignment of significant. We do know they are be- ator from South Carolina is pending. I radio spectrum for public safety pur- yond the ability of State and local gov- wanted, in the interim, hoping others poses. In 2005, as part of the Deficit Re- ernment themselves to provide. That is will come to the floor to offer other duction Act, Congress set February why title III of the legislation before amendments or speak on that pending 2009 as the deadline for broadcasters to the Senate, the Improving America’s amendment, to speak about these two transition to digital signals, which will Security Act, establishes a dedicated parts of the bill. free up much-needed spectrum for first interoperability grant program for first The first is about what is one of the responders. A lot of us, including my- responders which will put us on the most significant changes the bill would self, believed that delay to February path to nationwide operability and make; that is, to establish for the first 2009 was too long. The occupant of the interoperability, capable of surviving time a dedicated grant program to as- chair remembers that well; we stood and helping America survive a poten- sist States and localities in creating together on that. But so be it, that is tial terrorist attack or a natural dis- interoperable communications systems what it is. aster. to be used to protect the American peo- Since that time, Hurricane Katrina This is an important investment, a ple in time of emergency. The ability devastated the gulf coast, particularly kind of leverage for the Federal Gov- of first responders to communicate the great city of New Orleans, and re- ernment to create in partnership with with one another is fundamental at a minded us again how much more needs the States and local governments. Of time of disaster. Yet time and time to be done to improve communications course, part of the reason there is not only financial need but programmatic again over the years, disasters have oc- operability, to sustain the very oper- policy justification for this. The kinds curred, and police, firefighters, and ation of an emergency communications of attacks, the kinds of natural disas- emergency medical workers are unable system, and interoperability, the abil- ters we are talking about, as we saw to exchange critical information with ity of different first responders to com- most painfully in Katrina, have na- one another, even indications of their municate with one another. The communications infrastructure tional consequences. The Federal Gov- location. Sometimes, as we saw in ernment needs to be there to make Katrina, certainly, not only is this a in Louisiana and Mississippi at the time of Hurricane Katrina was deci- some additional investments on which problem of their not being able to com- the State and local governments will municate with one another, it is a mated. Once again, difficulties in com- municating among officials and first build. problem of their not being able to com- The legislation, S. 4, before the Sen- municate at all. There is a painful and responders significantly impeded res- cue and relief efforts. Mississippi Gov- ate today authorizes $3.5 billion over 5 tragic cost to this failure to commu- years, beginning in the coming fiscal nicate or to interoperate with others in ernor Haley Barbour drove the point home when he said the chief of the Na- year. That is on top of the $1 billion law enforcement, and that is that lives interoperability grant program to be tional Guard in Mississippi ‘‘might as are lost. administered by the Department of well have been a Civil War general for This is a problem which was in- Commerce during this fiscal year, the the first 2 or 3 days’’ because in order tensely made clear to all of us on Sep- result of previous legislation. This is to get information, he had to use run- tember 11, 2001 and again during the beginning of moving toward a gen- ners. His runners had helicopters in- Katrina, but it is not new. In 1982, the uine national system, if we can adopt stead of horses, but the point was record shows, communications difficul- this and fund it, a call to the States clear. The lack of operable or inter- ties frustrated the recovery efforts in and localities to match that money, operable communications equipment response to the crash of the Air Florida each in their own way, so we can build plane right here in Washington, DC. In put first responders in that disaster this survivable network of communica- 1995, again the record shows commu- back about a century and a half. tions. nications difficulties complicated the The Homeland Security and Govern- Individual States will be able to response to the terrorist bombing of mental Affairs Committee, which is apply for grants under this new pro- the Alfred P. Murrah Federal Building proud to claim the Presiding Officer as gram, which will be administered by in Oklahoma City, OK. In 1999, commu- a member, investigated the prepara- FEMA, with assistance from the Office nications difficulties again slowed the tions for and response to Hurricane of Emergency Communications. The response to the shootings at Columbine Katrina, a 9-month investigation that committee was very anxious, as the High School near Littleton, CO. produced a 700-page report and almost Presiding Officer knows, to not only Then came 9/11. The story of the com- 90 recommendations. We enacted some create a fund of money and throw it munication breakdown among New of those recommendations last fall as out there for every local official who York City’s first responders is well part of the Post-Katrina Emergency had some idea about how to create known. It is well known because it cost Management Reform Act. That legisla- interoperable communications—all ap- the lives of some of the bravest Ameri- tion, which I am proud has largely be- plications will have to be consistent cans, some on duty and some off duty, come law, included ways to improve with each State’s communications plan who rushed to the aid of their fellow planning and coordination, establish a and the national emergency commu- citizens and fellow first responders. much needed national emergency com- nication plan which is being developed But there were other communications munications plan, and strengthen tech- and expanded by the new Office of breakdowns on September 11, 2001, as nical guidance and assistance to local Emergency Communications. In other well—less well known but also break- first responders. The newly created Of- words, to get money, you have to prove downs that hampered the response at fice of Emergency Communications, you are going to fit into a statewide the Pentagon and in Shanksville, PA. which was created therein, will be re- and national plan for interoperability After an in-depth look at the three sponsible for carrying out many of of communications. incidents I have described—the Pen- those responsibilities. Like many of Incidentally, the national element of tagon, the World Trade Center, and the the homeland security challenges we this is pretty obvious. In Katrina, you plane that went down in Pennsylvania face, achieving nationwide operability had a lot of first responders streaming on 9/11—the 9/11 Commission wrote: and interoperability of communica- into the gulf coast, and New Orleans The occurrence of this problem at three tions will require significant resources, particularly, when local first respond- very different sites is strong evidence that a lot of money. One estimate from our ers were overwhelmed. They were all compatible and adequate communications Government several years ago put the bringing their own communications among public safety organizations at the figure at $15 billion. Testimony before systems with them. A similar response local, State, and Federal level remains an the Senate Commerce Committee this occurred—a really moving patriotic re- important problem. past month estimated that the cost sponse—after 9/11 to New York City, That was the 9/11 Report which came may be as high as $50 billion to create with first responders from all over the out in 2004. We are now at the end of a genuinely interoperable, disaster-re- country coming in.

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.042 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2334 CONGRESSIONAL RECORD — SENATE February 28, 2007 What do we want at that point? A major part of the bill. To me, it is cor- to coordinate and strengthen our de- Tower of Babel, where people cannot recting an inequity that exists in cur- fenses against manmade and natural communicate with one another, or the rent law. I honestly do not know why disasters, TSA was removed from the ability, easily, as part of a national anybody would oppose it. I will listen Department of Transportation and put communications plan, to do so? Obvi- to the arguments, but I want to con- into the Department of Homeland Se- ously, the latter is what we want. trast it with the section I just de- curity. States, incidentally, which would be scribed, because if the last 24 hours are At that time, Congress engaged in ex- the recipients of this money, would be any indication, this section may re- tensive debate with quite serious par- required to pass at least 80 percent of ceive more attention than any other tisan and political overtones about how the grant funding to local and tribal section of the bill. The White House to apply civil service law to employees governments. The money could then be has indicated it will veto the bill if this at the new Department. This was an used for a range of activities: planning, section is in it. I respectfully do not amalgam of 22 different agencies, al- system design, engineering, training, understand that. most 180,000 employees, most of whom exercises, procurement, and installa- Colleagues, I know, are preparing to were coming already with their own tion. come to the floor to try to strike this employee rights—their own rights— We also include a minimum amount section from the bill. I think this sec- most particularly, to join a union. of funding for each State because inter- tion is an act of elemental fairness, Ultimately, and contrary to my own operability is an all-hazards concern. granting quite limited employee rights position, Congress authorized the De- In other words, we are having a well-in- to airport screeners who are now de- partment of Homeland Security Sec- tentioned, good-faith debate about nied—I am using this term beyond its retary to waive certain provisions of homeland security grants and to what judicial meaning—equal protection civil service law which Congress and extent—as some would say—should that is enjoyed by most every other the President believed were necessary they all be distributed based on risk or Federal employee, including most for national security purposes. be distributed with a minimum amount every other Federal employee involved Meanwhile, since 2001, TSA has de- going to each State? in security. clared itself exempt from laws enforc- In this case of interoperability of So I hope, one, we do not spend a dis- ing the most basic employee protec- communications, it seems to me the proportionate amount of time on this tions, including the Whistleblower Pro- argument is compelling there ought to section; and, two, we do not allow it to tection Act, the Rehabilitation Act be some element that gives a minimum get in the way of us fulfilling our ur- protecting Federal employees with dis- to each State because what we are try- gent responsibility to finish the job of abilities, the Federal Sector Labor- ing to establish is a national emer- enacting the recommendations of the 9/ Management Relations statute, appeal gency communications system that 11 Commission, which S. 4, the legisla- of adverse personnel actions to the will be ready to respond not just to a tion before us, would do. Merit Systems Protection Board, and potential terrorist attack, but to nat- I wish to spend a few moments talk- veterans preference laws. ural disasters which, obviously, can ing about this section of the bill. The In each case, the Transportation Se- occur anywhere in the country. In fact is, since the Transportation Secu- curity Agency has devised its own version of these fundamental employee other words, the ability for first re- rity Administration was created in 2001, TSA screeners have been denied protections substantially below the sponders and other emergency respond- the same employment rights and pro- standard that Congress and the Presi- ers to communicate with one another, tections as almost all of their fellow dent decided were appropriate gen- either by voice or through data shar- workers in TSA. In fact, they have erally for DHS employees. ing, is necessary regardless of the na- been denied the same rights and pro- So now you have this anomaly be- ture of the emergency. cause of this unusual statutory history In short, we owe it to the memory of tections that are enjoyed by most of where TSA screeners have a much the firefighters and police officers who their fellow employees at the Depart- ment of Homeland Security, such as lower level of employee protection gave their lives on 9/11, some of whom the Border Patrol and Customs and Im- than most of the other employees at lost their lives because of the absence migration officers. the Department of Homeland Security. of interoperable communications, and TSA screeners—often also known as It is now 5 years after the agency was to the commitment of first responders TSOs, transportation security offi- established, and TSA screeners still who struggled under such adverse cir- cers—are familiar to most Americans lack those basic rights that are avail- cumstances to do their jobs in the because we see them at every airport able to their colleagues at DHS and aftermath of Hurricane Katrina, and to across our country. Thanks, in part, I throughout the Federal Government. first responders and emergency man- believe to their hard work and dili- That is exactly the inequity this small agers today all across our country who gence, we have been spared a repeat of provision in this bill, S. 4, aims to are ready to respond in the time of our September 11, and air travel generally overcome. need to pass this legislation, to provide is safer than it was before that day. For example, TSA screeners have no the funding necessary for this critical They deserve to be treated equally in individual right to appeal to the Merit effort, and to move the Nation’s first their employment rights. It is long Systems Protection Board when they responders toward real 21st century op- past time to provide the same protec- believe they have been subject to un- erable and interoperable communica- tions to TSA screeners as are enjoyed lawful retaliation for protected whis- tions in the face of disaster. by their colleagues. tleblowing activity. OK, this is exactly I have one more topic I want to dis- I wish to take just a moment to re- what we want employees of the Federal cuss at this time. The one I have just view the history of how this inequality Government to do. They are our rep- talked about—a dedicated fund for came to exist. Shortly after the Sep- resentatives. We are paying them. If interoperable communications—I think tember 11 attacks, Congress federalized they see something wrong going on, we is one of the most significant parts of the work of passenger and baggage want them to blow the whistle, and we the bill. It is the beginning of a trans- screeners at U.S. airports. TSA was do not want them to be punished as a formational partnership between the created within the Department of result. Federal, State, local, and tribal gov- Transportation. It was subject gen- But under the current state of the ernments that I am convinced will erally to the same personnel rules as law, TSA screeners do not have any have a measurable, significant effect the Federal Aviation Administration. right to an outside appeal when they on the security of the American people. Responding to the sense of emergency believe they have been subject to un- This next topic I want to talk about at the time, however—remember, this lawful retaliation because they blew has to do with a provision in the com- was right after 9/11—Congress gave the the whistle on something or someone mittee bill which extends employee head of TSA broad authority to set per- else they saw doing something they rights and protections to airport sonnel rules at his own discretion for thought was wrong. screeners who work for the Transpor- airport screeners. Second, TSA is not bound and the tation Security Administration. In 2002, when Congress established screeners are not protected by the Re- Frankly, I do not consider this to be a the Department of Homeland Security habilitation Act. So TSA is not bound

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.044 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2335 to make reasonable accommodations standing or misstating it, this amend- Affairs Committee marked up the bill, for a disabled screener still able to per- ment simply and directly says that there was apparently a Transportation form his duties. This is the basic TSA screeners have to be included Security Agency screener by the name mindset we have overcome in recent under the departmentwide DHS human of A.J. Castilla who was there in the decades, that somebody who may be resources management system, or public section of the room. Later he disabled in one way is—if I can make under the specialized system that ap- wrote a note of thanks in which he up a word—abled in many other ways plies to TSA employees other than the said: and perhaps, therefore, able to carry screeners. We TSOs aren’t asking for special treat- out the responsibilities of a screener at I know critics of this provision are ment, merely to be made whole and equal one of the security checkpoints we arguing right now that TSA needs again in the eyes of the law. have all gone through. We have all flexibility to manage the screener A.J. Castilla is committed to his job, gone through them, so we know there workforce in a way that provides secu- is as committed as any other employee are a number of those functions that rity when, where, and how it is needed, of the Department of Homeland Secu- could be performed by somebody who such as when the threat level is raised, rity or the Transportation Security may have a disability. But there is no or when a new threat becomes evident, Administration, and it is time to give right to appeal if an employee, a or when unexpected problems arise at a him and every other TSA screener par- screener, thinks they have been dis- particular location so the Adminis- ity with those other Federal employees trator of TSA would want to move criminated against based on that. so that they may better do the critical screeners from one airport to another. TSOs—that is, screeners—are allowed work we ask and need them to do. to join a union, but they cannot collec- This argument is not based on fact. I appreciate the opportunity to speak The concerns are misplaced. The com- tively bargain as other security forces at some length about these two provi- mittee bill, in this small section, re- at DHS and throughout the Federal sions. Both are, I think, important. tains flexibility for the TSA Adminis- Government can do. Nor can TSOs One is a dedicated grant program for trator to promptly redeploy employees, claim an unfair labor practice with the interoperable communications that, as change their assignments, or otherwise independent Federal Labor Relations I said, I think will have a critical effect Authority. respond to problems as they arise. The bill recognizes this is a department and I hope we will discuss the positive I want to stress something. Screeners effect. The second, I am afraid, will be at TSA can join a union. They cannot which has to have the flexibility, the management flexibility, to respond to discussed more than it deserves. That strike. There is nothing in this small provision is fair. It is simple equity. It provision in S. 4 that will give them emergencies. In granting these TSA screeners the same employee rights treats working people with the fairness the right to strike. There is nothing in they deserve, and in fact will improve this provision that will give them the most everybody else within the Depart- ment, including people involved in bor- our security, not hamper it, as its crit- right to strike. I fear people hearing ics say. I urge my colleagues to look at about this provision may think we der patrol, for instance, and other secu- rity functions, we retain nonetheless both carefully, and particularly when want to extend some employee rights the flexibility of the administrator to an amendment is offered, as I fear it to TSA screeners and may think, oh, redeploy his forces at a time of crisis. will be, to strike the section that my God, at a time of crisis these people There is another reason to do this, I would correct the inequity now suf- will just walk off their jobs and strike. believe, apart from equity, and that fered by transportation screeners, It is illegal. They cannot do it. It is the goes to the effectiveness of the TSA when it comes to the floor, that my same limitation that is on Federal em- screeners and the Department of Home- colleagues will come, will listen, and ployees who have collective bargaining land Security employees generally. ultimately will vote to reject that rights generally. It is just that these Personnel management at TSA, the amendment. screeners have much less, many fewer record will show, has been troubled I thank the Chair, I yield the floor, rights than others do. They cannot since its inception. The record will and I suggest the absence of a quorum. claim an unfair labor practice with the show the agency has experienced un- The PRESIDING OFFICER (Mr. independent Federal Labor Relations usually high rates of attrition—people SANDERS). The clerk will call the roll. Authority. leaving, unusually high rates of work- The legislative clerk proceeded to Finally, unlike the rest of the Fed- place injury, high rates of absenteeism, call the roll. eral Government, TSA limits the vet- and other indications of low employee Mrs. FEINSTEIN. Mr. President, I erans preference in hiring and other morale. Anybody in the private sector ask unanimous consent that the order personnel decisions to veterans who re- will tell you if you have high attrition, for the quorum call be rescinded. tired from the Armed Services, and de- high workplace injury, absenteeism, The PRESIDING OFFICER. Without nies the preference to those who were and low morale, you have a problem, objection, it is so ordered. honorably discharged. Of course, it is and the problem is going to mean the AMENDMENT NO. 269 the vast majority of men and women service you are intending to provide is Mrs. FEINSTEIN. Mr. President, I who have served our country in uni- not going to be what you want it to be. ask unanimous consent to set aside the form who are honorably discharged as I would say those problems interfere pending amendment and call up opposed to serving until the time of with establishing and maintaining the amendment No. 269. their retirement. But they do not get core of experienced and professional The PRESIDING OFFICER. Is there any veterans preference in hiring and screeners we need, that the American objection? other personnel decisions at the TSA. people need to ensure aviation secu- Mr. LIEBERMAN. Mr. President, for Is that a big deal? It is if you are a vet- rity. From conversations I have had the moment I am going to object on be- eran. One of the things this provision with screeners, simply taking a step to half of Senator COLLINS who is co-man- in this bill would say is that, the full put them on an equal plane with every- aging the bill with me because no one veterans preference should apply for body else in TSA or DHS in terms of has looked at the amendment. TSA screeners. their employee rights will go a long The PRESIDING OFFICER. Objec- So that is the amendment we adopt- way toward creating the kind of mo- tion is heard. ed, the literal effect of which is to in- rale, devotion to work, and avoidance The Senator from California has the struct the Secretary of Homeland Se- of workplace injury that will better floor. curity to include TSA screeners, either serve our Nation. I know the Adminis- Mrs. FEINSTEIN. Thank you very under the departmentwide human re- trator of TSA, Kip Holley, has recently much, Mr. President. The amendment I sources management system or under made some efforts to improve per- am seeking to bring up is a bill that the specialized system that now applies sonnel management, but I believe they has been reported out of the Judiciary to TSA employees other than the haven’t gone far enough, and this Committee, and essentially what it screeners, in the most specific way, amendment will take them a large step would do is ensure the confirmation of which leaves no ground—no gaps for forward. all U.S. attorneys by the Senate. misunderstanding. Although there are I want to say finally that when the What happened was that in 2006, an people, I fear, who are misunder- Homeland Security and Government amendment went into the PATRIOT

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.045 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2336 CONGRESSIONAL RECORD — SENATE February 28, 2007 Act that allowed the administration to So if the FBI investigates a case and committee and be able to ask them appoint an interim U.S. attorney in- comes up with the evidence, a U.S. at- some hard questions. definitely without confirmation. In the torney is obviously bound to prosecute I think when a U.S. attorney who has early part of this year, I believe it was that case. How this affects David served, and served well, is summarily on January 6, I learned that six U.S. Iglesias, I don’t know. But the fact dismissed for no real reason, it is a attorneys had been called and sum- that these people all had very good per- problem. We all know the U.S. attor- marily told they were to resign effec- formance reviews causes me a great ney in San Diego brought the prosecu- tive a specific date in January. I was concern. I wish to read from those per- tion of a Member of the House of Rep- told by the person who gave me the in- formance reviews. resentatives who is serving consequen- formation that there was something The performance review for John tial time for major felonies and had suspicious about that. I didn’t know, so McKay of the Western District of subpoenas outstanding for other Mem- I began to look into it. Washington says: bers of the House and was summarily Well, I received a new story today ‘‘McKay is an effective, well-regarded and told in December that she should re- about one of those U.S. attorneys, and capable leader of the [U.S. attorney’s office] sign—in this case—by the end of Janu- if I might, I will read it to this body. It and the District’s law enforcement commu- ary. That is not right. is an article by Marisa Taylor of the nity,’’ according to the team of 27 Justice So the only way I know to right the McClatchy Newspapers: Department officials. wrong is to restore the law to where it The U.S. Attorney from New Mexico who David Iglesias, about whom I read was before the PATRIOT Act reauthor- was recently fired by the Bush administra- the news story, of the District of New ization. That law is this amendment tion said Wednesday that he believes he was Mexico, got this performance review: and the amendment is very simple. It forced out because he refused to rush an in- The [U.S. Attorney] had a highly effective simply says that the Attorney General dictment in an ongoing probe of local Demo- firearms violence initiative and active and crats a month before November’s congres- may appoint an interim U.S. attorney effective program to address drug traf- sional elections. to a vacancy for 120 days. After 120 David Iglesias said two Members of Con- ficking. days, if a nominee has not been con- gress separately called in mid October to in- Daniel Bogden, District of Nevada: firmed by the Senate, the district court quire about the timing of an ongoing probe United States Attorney Bogden was highly in the district where the vacancy exists of a kickback scheme and appeared eager for regarded by the federal judiciary, the law en- can make an appointment. This pro- an indictment to be issued on the eve of the forcement and civil client agencies, and the vides the incentive for the administra- elections in order to benefit the Republicans. staff of the United States Attorney’s Office. tion to move a nominee. I should say He refused to name the Members of Congress He was a capable leader of the [office]. because he said he feared retaliation. there are 13 vacancies, of which only 3 Two months later, on December 7, Iglesias Bud Cummins, who many of us know, nominees have presently been sent to became one of six U.S. Attorneys ordered to in the Eastern District of Arkansas: the Senate. If you combine those 13 va- step down for what administration officials The U.S. Attorney had an active, well cancies with the seven new vacancies, have termed ‘‘performance-related issues.’’ managed anti-terrorism program . . . The then over 20 percent of the U.S. attor- Two other U.S. Attorneys also have been Project Safe Neighborhoods initiatives were ney positions could be filled without asked to resign. being effectively implemented and success- Senate confirmation if we assume the Iglesias, who received a positive perform- fully managed. ance review before he was fired, said he sus- intent was not to send a nominee to pected he was forced out because of his re- Carol Lam, Southern District of Cali- the Senate. Of course, the administra- fusal to be pressured to hand down an indict- fornia, including San Diego, whom I tion will decry this and say that is not ment on the ongoing probe: am very familiar with: the case. Nonetheless, there were 13 va- I believe that because I didn’t play ball, so Carol Lam was an effective manager and cancies and now seven new vacancies to speak, I was asked to resign, said Iglesias, respected leader in the District . . . Appro- with only 3 nominees before the Judici- who officially stepped down on Wednesday. priate management procedures and practices Iglesias acknowledged that he had no proof ary Committee for review and for ap- were in place to ensure a quality written proval by the full Senate. that the pressure from the congressional work product. members prompted his forced resignation, If the law is left as it is, any Attor- but he said the contact in and of itself vio- These are some of the snippets from ney General or President could essen- lated one of the most important tenets of a the reviews. But clearly, the perform- tially appoint every single U.S. attor- U.S. Attorney’s Office: Don’t mix politics ance of these U.S. attorneys was not a ney as an interim U.S. attorney, not with prosecutions. The article goes on. reason to fire them. subject to confirmation. If you con- Now this is only one element of this I truly believe what the Department sider the work of the U.S. attorneys— story. The matter has been the subject of Justice intended to do was what the public corruption, the major nar- of a hearing in the Judiciary Com- they did in the Eastern District of Ar- cotics cases, the immigration cases, mittee. Legislation is ready to come kansas—bring in bright, young Repub- the complicated Federal law they carry before the floor. I have introduced it as lican political operatives to assume out—I think every Member of this body an amendment. We approved it in the these roles to give them a leg up and would believe that confirmation by the Judiciary Committee with a bipartisan fire or require the resignation of these Senate for every U.S. attorney should vote. I think the time has come to do U.S. attorneys. be assured. This amendment will carry two things. One would be for the Judi- When I began to inquire into it, I that forward. ciary Committee—and I hope it will, asked whether interviews for replace- I was shocked to read about David and I believe the chairman of the Sub- ments were taking place within these Iglesias. I don’t know whether it is ac- committee on Administrative Over- offices, particularly in San Diego. At curate. I know it appeared in the news. sight and The Courts, Senator SCHU- that time, no one in the office was Based on that, he has said he believes MER, is interested in doing this—to being interviewed as a replacement. he was forced out for a political reason. issue subpoenas to have these U.S. at- Since these hearings have begun, indi- There is only one way to find out, and torneys come before the Committee to viduals within the office have been that is for the Judiciary Committee to answer questions about how their de- interviewed. In fact, one has been ap- issue subpoenas, have these U.S. attor- manded resignations took place. pointed to fill in for former U.S. Attor- neys come before us, and ask a number Generally, a U.S. attorney is ap- ney Carol Lam. of hard questions. pointed for a term of four years, but I truly believe there was an effort to I am hopeful this body will see fit to serves at the pleasure of the President. use this section of the PATRIOT Act pass this amendment. It is simple, If he wants to fire them he can. How- reauthorization to bring political short, direct, and it solves the problem. ever, U.S. attorneys have very com- operatives into these offices, and I I yield the floor. plicated and very difficult cases and I think it is a matter of urgency for us The PRESIDING OFFICER. The Sen- believe they must have some level of to pass the legislation that was marked ator from Maine is recognized. independence. The FBI, as we have up by the Judiciary Committee. Absent Ms. COLLINS. Mr. President, know- heard in our oversight hearings, has that, there is no recourse, other than ing the Senator from California as I do, raised the level of public corruption in to issue subpoenas, to have these I am certain a lot of the issues she has their investigations. former U.S. attorneys come before the raised are serious ones, deserving of

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That is why I am objecting to Washington. One, as I said, is to get to the bottom to the amendment. It is not because of So I join certainly in the request of of this and get to the bottom of it its merits but because it is not rel- my colleague from California and oth- quickly. The second is to pass legisla- evant to this debate. I have not had a ers. I have already spoken to Senator tion that restores the appointment of chance to look at it, and it is not in LEAHY, and we are examining how that U.S. attorneys away or at least re- the jurisdiction of the Homeland Secu- can be accomplished. Senator LEAHY is moves it somewhat from the political rity Committee. very mindful of the fact that the Judi- realm because when the Senate must I will say to my colleagues that the ciary Committee doesn’t issue sub- confirm or when an independent judge Senator from Connecticut and I have poenas willy-nilly. But given the fact must temporarily appoint, there is a been working very hard in a bipartisan that some of the U.S. attorneys ex- check, there is a balance that was re- way to try to keep the focus of this bill pressed a desire to testify, and others moved, unbeknownst to almost all of on issues to improve our homeland se- said they would be willing to testify, us, in the PATRIOT Act. The minute curity. We were very pleased that, de- and now with these new revelations, that passed, people were surprised and spite the overwhelming importance of the fear many of us had that these U.S. wondered: Why did it happen? The ex- the debate on Iraq, there had been an attorneys were summarily fired not for planation from the administration agreement by our leaders to try to no reason and not for a good reason but didn’t quite ring true. Then, on the keep that debate for the next issue to for a bad reason is coming closer to re- evening of December 7, when six U.S. come before the Senate, rather than ality. attorneys were called at once and fired having it tied in with this bill. Simi- Mr. President, we must get to the and not given any reason, suspicions larly, the families of the victims of 9/11 bottom of this issue. The U.S. attorney went further. The investigations my have made a plea to all of us to focus is the lead enforcer of the law in his or subcommittee has had, with the help of on this bill and to keep extraneous her jurisdiction. Fortunately, for dec- our chairman, the Senator from issues off this bill and rather focus on ades, the U.S. attorneys, almost with- Vermont, and the Senator from Cali- issues the 9/11 Commission raised. That out exception, have been insulated fornia, who has taken a keen interest is what we are attempting to do. I have from the political process, even though in this issue and is lead sponsor of the no doubt this is an important issue, an they are chosen in part by the political legislation, have gotten worse every issue that is worthy of debate, an issue process. So when six were fired in one day. that is worthy of scrutiny by the Judi- evening, and when it later became As I said at the beginning of my re- ciary Committee, based on the expla- clear in hearings I held that at least marks, the expression goes: Where nation of the Senator from California, one, by the admission of the Deputy there is smoke, there is fire. Every day, for whom I have a great deal of respect. Attorney General, was fired for no rea- not only is there more smoke in this But it is an issue that is completely son, and a call from the White House to investigation of the firing of the U.S. outside the jurisdiction of the Home- suggest a replacement who was some- attorneys, but there seems to be, un- land Security Committee. one with very little legal experience fortunately, a real fire. We will not For that reason, my hope is the Sen- but someone who had worked for both rest until we get to the bottom of this ator from California will look at this Karl Rove and the RNC, I believe it matter, to see what happened, to see if as an opportunity to educate us on the was, you can imagine the concern that possibly any rules, regulations, or even issue but will not proceed with this not only the Senator from California laws were broken. By bringing it to amendment because it is not at all rel- and I had but the concern throughout light, it will importune this body, the evant to the bill before us. the country in law enforcement—non- other body, and the White House to The PRESIDING OFFICER. The Sen- political, simply a desire to protect the pass legislation so that it cannot hap- ator from New York is recognized. integrity of the U.S. attorneys. So we pen again. Mr. SCHUMER. Mr. President, I rise must do two things now. Mr. President, in sum, this is serious to follow up on the comments of my These new revelations are extremely stuff. When U.S. attorneys are fired for friend from California, who has legisla- troubling. They would show politics at political reasons, fired to stand in the tion I am proud to cosponsor on the its worst—the long hand of the Justice way of justice rather than promote jus- general issue of the fired U.S. attor- Department reaching out to fire U.S. tice, it puts a dagger into the heart of neys. attorneys who would not do what was the faith Americans have in their Gov- Mr. President, it is said that ‘‘where politically asked. At least that is a ernment and in their system of justice. there is smoke there is fire.’’ As we very real suspicion. So we must get to That faith, fortunately, is long and look at the case of the U.S. attorneys, the bottom of this. The only way to do deep, but if we don’t get to the bottom that is more and more likely to be that is to call before us the fired U.S. of this, if we don’t change the law to true. attorneys and hear their side of the make sure it doesn’t happen again, we Today, according to the McClatchy story. will be weakening permanently our Newspapers, one of the fired U.S. attor- I remind my colleagues that we did system of justice and the faith the pub- neys from New Mexico said that ‘‘two have a briefing—the Senator from Cali- lic has in it. Members of Congress separately called fornia was there, the Senator from We will move forward in whatever in mid-October to inquire about the Rhode Island was there—and then were way we can. Hopefully, we will find it timing of an ongoing probe of a kick- shown the evaluation reports, the is possible to subpoena these attorneys back scheme and appeared eager for an EARS reports, and almost to a person and subpoena them quickly and then indictment to be issued on the eve of the fired U.S. attorneys received very take the necessary action in these the elections in order to benefit the Re- good evaluations from their peers and cases and prevent future cases from oc- publicans.’’ from everybody else. If you read those curring, which justice and the faith the That is a quote in an article by evaluations, you would say: Oh, they people have in the American system Marisa Taylor of the McClatchy News- will keep that person in office for as demand. papers. Frankly, it comes as no sur- long as he or she wants to stay. But in- I yield the floor. prise to me. That is because David stead, they were fired. The PRESIDING OFFICER. The Sen- Iglesias, the U.S. attorney, told my In private conversations my staff has ator from Rhode Island. staff the same thing the day before. He had with them, they have grave sus- Mr. WHITEHOUSE. Mr. President, asked, in fact, that he be brought to picions as to why—some of them more the remarks the Senator from Cali- Washington—was willing, rather, to be than grave suspicions. Today, Mr. fornia and the Senator from New York

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.054 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2338 CONGRESSIONAL RECORD — SENATE February 28, 2007 have made today are very well taken, something supported by an EARS report be- It’s just like nothing I have ever seen be- and I rise to express my shared concern cause it may be something performance re- fore in 35-plus years. To be asked to resign with them and my support for their lated that isn’t the subject of what the eval- and to be publicly humiliated by leaking this initiative to get to the bottom of what uators saw or when they saw it or how it to the press is beyond any bounds of decency came up, and so forth. and behavior. It shocks me. It is really out- took place. In May of 1994 I had the rageous. honor to be sworn in as Rhode Island’s There isn’t much that an EARS eval- U.S. attorney. It was one of the great uation doesn’t look at, and contrary San Diego’s top-ranking FBI official, honors of my life, equivalent to the views began to emerge from the De- Dan Dzwilewski, also commented on great honor of being sworn in with you, partment very shortly. Lam’s firing. Bear in mind, this is the In an article published February 4, Mr. President, into this extraordinary Director of the FBI office that is oper- the Washington Post reported that: body. I knew when I took that oath ating as lead agency in these public that I would be forced to make very [O]ne administration official, who spoke on corruption investigations. His quote: the condition of anonymity in discussing hard decisions and that my independ- I guarantee politics is involved . . . It will personnel issues, said the spate of firings was be a huge loss from my perspective. ence and my integrity would be my the result of ‘‘pressure from people who strongest allies as I discharged the ex- make personnel decisions outside of Justice Other U.S. attorneys, such as David traordinarily difficult and powerful re- who wanted to make some things happen in Iglesias of New Mexico and John sponsibilities of a U.S. attorney. those places.’’ McKay of Seattle, said they had no Last December, seven U.S. attorneys Let’s look at some of those places. In idea why they were being asked to step were fired by the Department of Jus- Arkansas, H.E. Bud Cummins III was a down. tice, all on the very same day. That is 5-year veteran U.S. attorney serving in That changed recently. Today was unprecedented. Never, to my knowl- Arkansas’s Eastern District. Last posted a story from which I will quote: edge, in the history of the Department June, he was asked to resign. The man The U.S. attorney from New Mexico who have so many heads of U.S. attorneys chosen to replace the well-respected was recently fired by the Bush administra- rolled all on the same day. These men Mr. Cummins was Tim Griffin. Mr. tion said Wednesday that he believes he was and women had been confirmed in this Griffin is 37 years old. He served as forced out because he refused to rush an in- dictment in an ongoing probe of local Demo- great Chamber. By all indications, they Special Assistant to Assistant Attor- crats a month before November’s Congres- were well qualified and performing well ney General Michael Chertoff in the sional elections. in their jobs. Several of them were in- Criminal Division of the Department of David Iglesias said two members of Con- volved in ongoing public corruption in- Justice, where he was sent as a detailee gress separately called in mid October to in- vestigations. Yet in this unprecedented to the Arkansas U.S. Attorney’s Office. quire about the timing of an ongoing probe step, this administration showed them What Mr. Griffin lacked in prosecu- of a kickback scheme and appeared eager for all the door. It suggests to us all the torial experience, he more than made an indictment to be issued on the eve of the question: why might such an extraor- up for in political experience. Mr. Grif- elections in order to benefit the Republicans. He refused to name the members of Congress dinary act have taken place; why were fin is a former aide to Presidential ad- because he said he feared retaliation. . . . they told their services were no longer viser Karl Rove. He is also a former Re- ″U.S. Attorney Daniel Bogden, who also required? publican National Committee research stepped down Wednesday after being asked The Attorney General, Alberto director. As those of us who have been to leave in December’’ had it recently re- Gonzales, told us this: through this sort of thing know, ‘‘re- ported in the Wall Street Journal that the What we do is make an evaluation about search director’’ is not about looking FBI was investigating in his district allega- the performance of individuals, and I have a up old statutes; it is about prying into tions ‘‘whether Nevada Governor Jim Gib- responsibility to the people in your district personal lives of other candidates in bons performed any official acts on behalf of a contract in exchange for gifts or payments. that we have the best possible people in order to try to dig up dirt on them. these positions. Gibbons, a Republican, has denied any A more partisan choice could not wrongdoing.’’ Deputy Attorney General Paul have been made to replace Mr. Bogden said he hoped that the ongoing McNulty testified that ‘‘turnover in Cummins. Remember, Mr. MCNULTY case did not have anything to do with his the position of U.S. attorney is not un- said: ouster. common.’’ The Department is committed to having This is his quote: So the two suggestions that were the best person possible for discharging the You would like to think that the reason made were that this was performance responsibilities of that office at all times in you’re put in the position as U.S. attorney is every district. related, that a performance evaluation because you are willing to step up to the had been done of these individuals and It is just hard to believe that Mr. plate and take on big cases, Bogden said. they had not measured up, and that it Tim Griffin was the best person pos- It’s not a good thing if you begin to wonder was just turnover. It is hard to accom- sible, at least not as we ordinarily de- whether you’ll lose your job if you pursue modate both of those stories, but when fine those terms. At the end of our Ju- them. one looks into each of them, it makes diciary hearing, Mr. MCNULTY admit- Last month, a Las Vegas newspaper even less sense. ted that Mr. Cummins, the Govern- reported: The committee, through Senator ment’s chief prosecutor in Little Rock, a GOP source said . . . the decision to re- SCHUMER and Senator FEINSTEIN, asked Arkansas, was fired to give Mr. Griffin move U.S. attorneys, primarily in the West, to see the Evaluation and Review Staff the opportunity to have the appoint- was part of a plan to ‘‘give somebody else reports, what is called an EARS eval- ment. that experience’’ to build up the back bench uation. When I was a U.S. attorney in In San Diego, U.S. attorney Carol of Republicans by giving them high-profile Rhode Island, I lived through an EARS Lam successfully prosecuted Duke jobs. evaluation. All the local agencies were Cunningham, who pled guilty and re- These are extremely troubling facts. interviewed by career U.S. attorney signed in 2005. She subpoenaed the The New York Times has recently edi- services staff, detailed to Rhode Island House Armed Services, Appropriations, torialized on this subject and hypoth- just for the purpose of doing these eval- and Intelligence Committees in con- esized three reasons for why these well- uations. They happen in every office nection with a probe into Defense De- qualified attorneys were fired. As the every 3 years. They are a significant partment contracts. Her office indicted New York Times said, ‘‘all political part of the oversight and management Kyle ‘‘Dusty’’ Foggo, the CIA’s former and all disturbing.’’ The first reason: practice of the Department of Justice, Executive Director, and Brent Wilkes, helping friends; the second, candidate and they are extremely thorough. a defense contractor and top Repub- recruitment; the third, Presidential We asked to see the reports. When it lican fundraiser. politics. was clear that we were going to ask to In her district, former Reagan U.S. The newspaper concluded that the see these performance evaluations, the attorney Peter Nunez—another Repub- politicization of Government over the Department began to back down. Mr. lican political appointee familiar with last 6 years has had tragic con- MCNULTY told the committee: the world of U.S. attorneys because he sequences in New Orleans, in Iraq, and We are ready to stipulate that the removal served there himself; he served from elsewhere, but allowing politics to in- of the U.S. attorneys may or may not be 1982 to 1988—said this: fect U.S. Attorney’s Offices takes it to

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.055 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2339 a whole new level. Congress should con- Public corruption cases are resource the National Association of Former United tinue to pursue the case of the fired intensive for the office involved. They States Attorneys (‘‘NAFUSA’’). NAFUSA U.S. attorneys vigorously, both to find are extraordinarily challenging. Wit- was founded in March 1979 to promote, de- out what really happened and to make fend and further the integrity and the pres- nesses are scarce and difficult, signifi- ervation of the litigating authority and inde- sure that it does not happen again. cant agent expertise is required, inter- pendence of the Office of the United States I would like to highlight two further nal procedures governing the investiga- Attorney. Our membership includes United concerns that come from my experi- tion itself are complex and onerous, States Attorneys from every administration ence as a U.S. attorney. One concern is and launching one’s office at estab- back to President Kennedy and includes how this alters the balance between lished political figures is a decision former United States Attorneys from every U.S. Attorney’s Offices and what we with potentially serious consequences state in the union. It is with this mission used to call main Justice, and the sec- and with our cumulative experience as not only for the U.S. attorney but for United States Attorneys that we write. ond concern is the chilling effect on the career people in that office. Some- We are very troubled with recent press ac- prosecutions of public corruption. one who has come through all of that counts concerning the termination of a siz- There is constant tension between and moved out onto the leading edge of able number of United States Attorneys. His- the U.S. attorneys in the field and public corruption investigation for this torically, United States Attorneys have had main Justice. The U.S. attorneys know country, I believe, merits the active a certain degree of independence because of their districts, they have practiced be- the unique and integral role the United support of the Department of Justice fore those judges, they know their of- States Attorneys play in federal law enforce- not just for the good work done but as fice’s capabilities very well, and they ment Among other things, the United States have their own local priorities. Of a message and a signal to U.S. attor- Attorney establishes and maintains working and trusting relationships with key federal, course, the Department of Justice also neys around the country that when they step out into that public corrup- state and local law enforcement agencies. In has its own priorities, its national pri- many respects, while the United States At- orities set by the President, and the tion arena, we will back them up. The signal to the contrary is a dan- torney is a representative of the Department tension between those two is healthy of Justice in each district, the United States and is constant. In getting its message gerous one. When a U.S. attorney gets Attorney also brings to bear his or her expe- out to the U.S. attorneys, the Depart- fired, and one who was deep into a pub- rience and knowledge of the law enforcement ment has a wide array of ways to send lic corruption investigation and is needs of the district in establishing prior- its signals and make its wishes known, leading it so well that their termi- ities and allocating resources. Most impor- nation draws a public rebuke from the tantly, United States Attorneys have main- but to take six or seven well-per- tained a strong. tradition of insuring that forming U.S. attorneys and sack them FBI chief, antennae will go up across the country. the laws of the United States are faithfully all at once ends that dialogue. It brings executed, without favor to anyone and with- the blunt instrument of, not even per- Madam President, I ask unanimous out regard to any political consideration. It suasion any longer, but brute force, to consent to have printed in the RECORD is for these reasons that the usual practice bear. at the conclusion of my remarks a let- has been for United States Attorneys to be Now, there can very well be policy ter that the Attorney General has re- permitted to serve for the duration of the ad- ceived from the National Association ministration that appointed them. differences between the Department of We are concerned that the role of the Justice and local offices, but this of Former United States Attorneys. The PRESIDING OFFICER (Mrs. United States Attorneys may have been un- would be a first for the Department of dermined by what may have been political Justice, to say: You haven’t empha- CLINTON). Without objection, it is so considerations which run counter to the sized this enough so we are going to ordered. proper administration of justice and the tra- have your head. It will squash the (See exhibit 1.) dition of the Department of Justice. While healthy tension between U.S. attorneys Mr. WHITEHOUSE. Madam Presi- we certainly recognize that the United and between the Department, and at dent, the sentence in that letter which States Attorneys serve at the pleasure of the strikes me as the most significant is: President, we would vigorously oppose any least in my experience, the greater wis- effort by any Attorney General to remove a dom of the Department of Justice We are concerned that the role of the United States Attorneys may have been un- United States Attorney as a result of polit- versus that of all the U.S. attorneys in ical displeasure or for political reward. Any the field was not such that it justifies dermined by what may have been political considerations which run counter to the such effort would undermine the confidence of the federal judiciary, federal and local law this level of force in emphasis and en- proper administration of justice and the tra- enforcement agencies, the public, and the forcement and in the demand for con- ditions of the Department of Justice. thousands of Assistant United States Attor- formity with its policy positions. This is not a good day. This is not I submit there is long-term damage neys working in those offices. the sort of thing that we need to be dis- We do not mean to suggest that we know to the capabilities of the Department cussing. This is not the sort of thing the reasons for each of the terminations or, of Justice as this tension is disrupted. that we should be discussing. As Sen- for that matter, all of the relevant facts. In- We live in a country of checks and bal- deed, we encourage the Department of Jus- ator SCHUMER earlier said, there is a ances, and tensions like these are very tice and Congress to make as full and as often the best things for the public we lot of smoke in the air right now, and complete a disclosure of the facts sur- serve when they are allowed to be it looks as if there is actually some rounding these firings as is permissible. maintained in a healthy fashion. fire. It is truly incumbent on this body, Still, the reported facts are troubling, per- The second point I would make is the the body which confirmed these indi- haps unique in the annals of the Department chilling effect on prosecutions of public viduals to their offices and which has of Justice, and certainly raise questions as to whether political considerations prompted corruption. This applies particularly oversight responsibility with the De- partment of Justice, to look into what the decision to terminate so many United with respect to Ms. Lam in California. States Attorneys. It may well be that legis- In many respects, she had become the is happening and to reestablish the pro- lative attention or a written policy of the leading edge of the Federal Govern- cedures to prevent this from happening Department of Justice is necessary to deal ment’s sword point on public corrup- again. with this and similar situations in the future tion investigation because of the inves- I yield the floor, and I thank the to afford continuity and protection to United tigations that I mentioned earlier in Chair. States Attorneys. We will be happy to assist my remarks. Her office was leading the EXHIBIT 1 the Department or Congress in any such ef- fort. THE NATIONAL ASSOCIATION OF biggest public corruption cases in the Sincerely yours, FORMER UNITED STATES ATTOR- Nation, with more to come it appears. ATLEE W. WAMPLER III, NEYS, U.S. Attorney Lam was personally at President. February 14, 2007. the helm of these investigations, and B. MAHLON BROWN, Hon. ALBERTO R. GONZALES, she was well qualified for that role. Her Executive Director. Attorney General of the United States, United unceremonious expulsion from office States Department of Justice, Washington, AMENDMENT NO. 279, AS MODIFIED will send a shockwave through the of- DC. Mr. DEMINT. Madam President, I ask fices of her fellow U.S. attorneys, and Re: Media Reports of Termination of United for regular order in regards to my that shockwave will carry a very un- States Attorneys amendment No. 279. I have a modifica- fortunate message because these cases DEAR ATTORNEY GENERAL GONZALES, We tion of that amendment that I would are not easy ones. are the President and Executive Director of like to send to the desk.

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.057 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2340 CONGRESSIONAL RECORD — SENATE February 28, 2007 The PRESIDING OFFICER. The Sen- card under subsection (b) if the individual ‘‘(I) the applicant that he or she is dis- ator’s amendment is pending. He has has been convicted, or found not guilty by qualified from being issued a biometric the right to modify it. The amendment reason of insanity, during the 7-year period transportation security card under sub- is so modified. ending on the date on which the individual section (b); applies for such card, or was released from ‘‘(II) the State that the applicant is dis- The amendment, as modified, is as incarceration during the 5-year period end- qualified, in the case of a hazardous mate- follows: ing on the date on which the individual ap- rials endorsement; and (Purpose: To specify the criminal offenses plies for such card, of any of the following ‘‘(III) the Coast Guard that the applicant that disqualify an applicant from the re- felonies: is disqualified, if the applicant is a mariner. ceipt of a transportation security card) ‘‘(i) Unlawful possession, use, sale, manu- ‘‘(E) OTHER POTENTIAL DISQUALIFICA- At the appropriate place, insert the fol- facture, purchase, distribution, receipt, TIONS.—Except as provided under subpara- lowing: transfer, shipping, transporting, delivery, graphs (A) through (C), an individual may not be denied a transportation security card SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- import, export of, or dealing in a firearm or PORTATION SECURITY CARDS TO other weapon. In this clause, a firearm or under subsection (b) unless the Secretary de- CONVICTED FELONS. other weapon includes— termines that individual— (a) IN GENERAL.—Section 70105 of title 46, ‘‘(I) firearms (as defined in section ‘‘(i) has been convicted within the pre- United States Code, is amended— 921(a)(3) of title 18 and section 5845(a) of the ceding 7-year period of a felony or found not (1) in subsection (b)(1), by striking ‘‘de- Internal Revenue Code of 1986); and guilty by reason of insanity of a felony— cides that the individual poses a security ‘‘(II) items contained on the United ‘‘(I) that the Secretary believes could risk under subsection (c)’’ and inserting ‘‘de- States Munitions Import List under section cause the individual to be a terrorism secu- termines under subsection (c) that the indi- 447.21 of title 27, Code of Federal Regula- rity risk to the United States; or vidual poses a security risk’’; and tions. ‘‘(II) for causing a severe transportation (2) in subsection (c), by amending para- ‘‘(ii) Extortion. security incident; graph (1) to read as follows: ‘‘(iii) Dishonesty, fraud, or misrepresen- ‘‘(ii) has been released from incarcer- ‘‘(1) DISQUALIFICATIONS.— tation, including identity fraud and money ation within the preceding 5-year period for ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL laundering if the money laundering is re- committing a felony described in clause (i); OFFENSES.—Except as provided under para- lated to a crime described in this subpara- ‘‘(iii) may be denied admission to the graph (2), an individual is permanently dis- graph or subparagraph (A). In this clause, United States or removed from the United qualified from being issued a biometric welfare fraud and passing bad checks do not States under the Immigration and Nation- transportation security card under sub- constitute dishonesty, fraud, or misrepresen- ality Act (8 U.S.C. 1101 et seq.); or section (b) if the individual has been con- tation. ‘‘(iv) otherwise poses a terrorism secu- victed, or found not guilty by reason of in- ‘‘(iv) Bribery. rity risk to the United States.’’. sanity, in a civilian or military jurisdiction ‘‘(v) Smuggling. ‘‘(F) MODIFICATION OF LISTED OFFENSES.— of any of the following felonies: ‘‘(vi) Immigration violations. The Secretary may, by rulemaking, add the ‘‘(i) Espionage or conspiracy to commit ‘‘(vii) Distribution of, possession with in- offenses described in paragraph (1)(A) or espionage. tent to distribute, or importation of a con- (B).’’. ‘‘(ii) Sedition or conspiracy to commit trolled substance. (b) CONFORMING AMENDMENT.—Section sedition. ‘‘(viii) Arson. 70101 of title 49, United States Code, is ‘‘(iii) Treason or conspiracy to commit ‘‘(ix) Kidnapping or hostage taking. amended— treason. ‘‘(x) Rape or aggravated sexual abuse. (1) by redesignating paragraphs (2) ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(xi) Assault with intent to kill. through (6) as paragraphs (3) through (7); and fined in section 2332b(g) of title 18), a com- ‘‘(xii) Robbery. (2) by inserting after paragraph (1) the parable State law, or conspiracy to commit ‘‘(xiii) Conspiracy or attempt to commit following: such crime. any of the crimes listed in this subpara- ‘‘(2) The term ‘economic disruption’ does ‘‘(v) A crime involving a transportation graph. not include a work stoppage or other em- security incident. ‘‘(xiv) Fraudulent entry into a seaport ployee-related action not related to ter- ‘‘(vi) Improper transportation of a haz- under section 1036 of title 18, or a comparable rorism and resulting from an employer-em- ardous material under section 5124 of title 49, State law. ployee dispute.’’. or a comparable State law. ‘‘(xv) A violation of the Racketeer Influ- Mr. DEMINT. Madam President, if I ‘‘(vii) Unlawful possession, use, sale, dis- enced and Corrupt Organizations Act (18 can make a couple of comments about tribution, manufacture, purchase, receipt, U.S.C. 1961 et seq.) or a comparable State the modification, many will recall that transfer, shipping, transporting, import, ex- law, other than any of the violations listed this amendment is focused on our ports port, storage of, or dealing in an explosive or in subparagraph (A)(x). and the security of our ports. I think explosive device. In this clause, an explosive ‘‘(C) UNDER WANT WARRANT, OR INDICT- all of us are well aware that as a na- or explosive device includes— MENT.—An applicant who is wanted, or under ‘‘(I) an explosive (as defined in sections indictment, in any civilian or military juris- tion we see that our ports of entry, 232(5) and 844(j) of title 18); diction for a felony listed in this paragraph, whether they be in Seattle, New York, ‘‘(II) explosive materials (as defined in is disqualified from being issued a biometric or Charleston, SC, could be our most subsections (c) through (f) of section 841 of transportation security card under sub- vulnerable points when it comes to title 18); and section (b) until the want or warrant is re- smuggling in a weapon of mass destruc- ‘‘(III) a destructive device (as defined in leased or the indictment is dismissed. tion. We have committed many re- 921(a)(4) of title 18 and section 5845(f) of the ‘‘(D) DETERMINATION OF ARREST STATUS.— sources and lots of technology to try to Internal Revenue Code of 1986). ‘‘(i) IN GENERAL.—If a fingerprint-based ‘‘(viii) Murder. check discloses an arrest for a disqualifying detect radiation and other types of ‘‘(ix) Making any threat, or maliciously crime listed in this section without indi- weapons that might be smuggled into conveying false information knowing the cating a disposition, the Transportation Se- our country that could hurt Americans same to be false, concerning the deliverance, curity Administration shall notify the appli- and destroy American cities, and we placement, or detonation of an explosive or cant of such disclosure and provide the appli- are making some progress. But there is other lethal device in or against a place of cant with instructions on how the applicant a lot more to be done. public use, a State or other government fa- can clear the disposition, in accordance with All the spending, all the technology, cility, a public transportation system, or an clause (ii). all the equipment in the world will infrastructure facility. ‘‘(ii) BURDEN OF PROOF.—In order to clear make no difference at all if we don’t ‘‘(x) A violation of the Racketeer Influ- a disposition under this subparagraph, an ap- enced and Corrupt Organizations Act (18 plicant shall submit written proof to the have the right people working in the U.S.C. 1961 et seq.), or a comparable State Transportation Security Administration, not secure areas of our ports. We need to law, if 1 of the predicate acts found by a jury later than 60 days after receiving notifica- make sure those people are the most or admitted by the defendant consists of 1 of tion under clause (i), that the arrest did not trusted we have, just as we do in our the crimes listed in this subparagraph. result in conviction for the disqualifying airports. Our responsibility, whether it ‘‘(xi) Attempt to commit any of the criminal offense. is homeland security as an administra- crimes listed in clauses (i) through (iv). ‘‘(iii) NOTIFICATION OF DISQUALIFICA- tion or we as the Congress, is to make ‘‘(xii) Conspiracy or attempt to commit TION.—If the Transportation Security Ad- sure these people are screened and that any of the crimes described in clauses (v) ministration does not receive proof in ac- through (x). cordance with the Transportation Security we have the best and the most trusted ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- Administration’s procedures for waiver of individuals working in our secure FENSES.—Except as provided under paragraph criminal offenses and appeals, the Transpor- areas. This is very important. (2), an individual is disqualified from being tation Security Administration shall no- My amendment focuses on just that issued a biometric transportation security tify— subject. It prohibits convicted felons

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.058 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2341 from working in the secure areas of our gether. I think the purposes are very [From the National Governors Association, ports. This is common sense to most important. Feb. 28, 2007] Americans, and I think it is common I thank the Chair, I yield the floor, NGA PRAISES CONGRESSIONAL MOVEMENT TO sense to most in this Senate because and I suggest the absence of a quorum. CORRECT REAL ID when this exact same amendment was The PRESIDING OFFICER. The WASHINGTON.—On behalf of the nation’s offered last year, when we were dealing clerk will call the roll. governors, the National Governors Associa- with port security specifically, every- The legislative clerk proceeded to tion (NGA) issued the following statement call the roll. regarding the introduction of an amendment one voted for this amendment in the to delay implementation of Real ID. Senate. Unfortunately, that amend- Ms. COLLINS. I ask unanimous con- ‘‘Governors praise Senator Susan Collins, ment was stripped out when we had a sent that the order for the quorum call ranking member of the Senate Homeland Se- conference with the House. be rescinded. curity Committee, for introducing an Many of my colleagues have encour- The PRESIDING OFFICER. Without amendment to address the issues raised by aged me to reintroduce this amend- objection, it is so ordered. the Real ID Act of 2005. This proposal would ment, Republicans and Democrats Ms. COLLINS. Madam President, I provide states a more workable time frame alike, and that is exactly what I have ask unanimous consent to add Ms. to comply with federal standards, ensure necessary systems are operational and en- done. I understand the Senator from MURKOWSKI, a Senator from Alaska, as hance the input states and other stake- Hawaii is considering introducing a a cosponsor to the Collins amendment holders have in the implementation process. modification that would allow the Sec- No. 277. ‘‘Improving the security and integrity of retary to eliminate some of these felo- The PRESIDING OFFICER. Without their drivers’ license systems is vital; how- nies that we have listed in our amend- objection, it is so ordered. ever, the substantial costs and looming im- ment. Please keep in mind that the AMENDMENT NO. 277 plementation deadline make Real ID un- listed felonies are the exact same ones Ms. COLLINS. Madam President, workable and unreasonable. NGA has called that homeland security has listed in on the Department of Homeland Security speaking of the Collins amendment on and Congress to fix the law by providing ad- the regulation that they have put in REAL ID, cosponsored by Senators AL- ditional time, resources and flexibility for force at their agency. So this amend- EXANDER, MIKULSKI, CARPER, CANT- states to enhance their systems. ment puts in law what homeland secu- WELL, SNOWE, CHAMBLISS, and MUR- ‘‘Senator Collins’ bipartisan amendment rity has already put into regulation. KOWSKI, I bring to my colleagues’ at- recognizes the need to give state officials The importance of putting it in law tention the several groups representing and other interested parties the right to re- is that we already suspect this legisla- Governors, State legislatures, and oth- view regulations and suggest modifications. tion will be contested; that there will ers who are now speaking in favor of This allows governors and state legislators to help create reasonable standards and en- be delays, there will be challenges, and passage of this amendment. In addi- we need to make sure that our ports sure the act is implemented in a cost-effec- tion, as the Presiding Officer so ably tive and feasible manner with maximum are secure. The modification of my represents the State of New York, safety and minimum inconvenience for all amendment would allow the Secretary there was a Newsday editorial today Americans.’’ to add felonies in the future which may also endorsing the amendment with its become important but that are not now 2-year delay. AMERICAN FEDERATION OF STATE, listed. We think it would be a huge The National Governors Association COUNTY AND MUNICIPAL EMPLOY- mistake if we put in law something has also issued a statement that says: EES, AFL–CIO, Washington, DC, February 27, 2007. that allowed future administrations to Senator Collins’ bipartisan amendment eliminate felonies that are specifically DEAR SENATOR: On behalf of the 1.4 million recognizes the need to give state officials members of the American Federation of laid out in regulation and in this and other interested parties the right to re- State, County and Municipal Employees amendment I am offering. view regulations and suggest modifications. (AFSCME), I am writing with respect to the If anyone in the Senate would like to It goes on to say: Senate debate over S. 4, legislation to imple- eliminate some of the felonies that we This proposal would provide states a more ment 9/11 Commission recommendations. have listed, I would encourage them to workable time frame to comply with federal We understand that an amendment may be come to the Senate floor and let’s dis- standards, ensure necessary systems are offered, possibly by Senator DeMint, to cuss those that they would like to operational and enhance the input states and strike or weaken a provision in the bill that eliminate. Maybe they would like to other stakeholders have in the implementa- gives Transportation Security Administra- tion process. tion (TSA) screeners collective bargaining have some of these folks working in and other civil service protections. We the secure areas of our ports, folks who We have also heard from the Amer- strongly urge you to oppose this amendment. have committed espionage, sedition, ican Federation of State, County and In addition, we urge you to support an treason, terrorism, crimes involving Municipal Employees, a union that is amendment to be offered by Senator Collins transportation security, improper affiliated with the AFL–CIO, which has that would delay implementation of require- transport of hazardous material, un- written a letter as well. It says: ments under the REAL ID Act and to reopen negotiated rulemaking of the Act. lawful use of an explosive device, bomb It is clear that the states do not have the With respect to the DeMint amendment, it threats, or murder. These are specifi- capacity to comply with the REAL ID Act by is important to highlight that civil service the 2008 deadline and that a number of seri- cally listed. If there are some of these protections, backed up by collective bar- ous concerns related to privacy must be ad- that we think should be eliminated, gaining, ensure that federal employment is dressed. The Collins amendment provides the let’s discuss them. efficient, fair, open to all, free from political opportunity to address these matters. Homeland Security has evaluated interference and staffed by honest, com- this and has listed these, just like we Similarly, another group with whom petent and dedicated employees. Civil serv- have for our airports, to keep our ports we have worked closely is the National ice protections and collective bargaining secure. Conference of State Legislatures. In rights ensure that federal employees are able I am offering this modification that fact, it was a high-ranking official of to fulfill their assignments with professional would allow our Secretary to add felo- the NCSL who sat next to me on a integrity and a commitment to the public in- plane going to Maine some time ago terest. The decision to take away civil serv- nies but prohibit the elimination of ice protections and collective bargaining these felonies which we think are so and suggested that what States needed rights has resulted in a demoralized work- important to our security. most was a delay in the compliance force, with injury and illness rates that are I thank the Chair for the opportunity time. I worked very closely with the six times higher than the federal average and to offer this modification, and I yield NCSL in drafting our amendment. I am an attrition rate that is more than ten times the floor. very grateful for their advice. higher than the federal employee average. Mr. LIEBERMAN. Madam President, I ask unanimous consent that the Clearly, the removal of civil service protec- I thank the Senator from South Caro- letters and editorials I have mentioned tions and collective bargaining rights has jeopardized the public, not made it safer. lina for his modification. We talked be printed in the RECORD so we may With respect to the Collins amendment, we about this briefly. I think he is heading share them with our colleagues. have previously expressed our concern over in the right direction. We are taking a There being no objection, the mate- the costs to the states to implement the re- look at the amendment as it is offered, rial was ordered to be printed in the quirements under the REAL ID Act. It is and we look forward to working to- RECORD, as follows: clear that states do not have the capacity to

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.059 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2342 CONGRESSIONAL RECORD — SENATE February 28, 2007 comply with the Act by the 2008 deadline and ing Congress to repeal it. Too expensive, too Given the government’s track record on se- that a number of serious concerns related to fast, too much of an invasion of privacy and curing private information, states are rea- privacy must be addressed. The Collins too burdensome to administer, said a bipar- sonably worried. Not long ago, the House amendment provides the opportunity to ad- tisan coalition of Maine lawmakers. Esti- Government Reform Committee looked at 19 dress these matters. mate of the cost of compliance in Maine agencies going back to 2003 and found 788 Sincerely, alone is $185 million. separate cases of confidential data being ei- CHARLES M. LOVELESS, The Legislature’s rejection made news ther lost or stolen. Most of the lost data, the Director of Legislation. around the nation. What Maine started report concluded, was due to ‘‘unauthorized threatened to become a tidal wave of state use of data by employees.’’ [From NCSL News, Feb. 20, 2007] opposition. In an effort to stem the momen- The extended deadline proposed by the Col- tum and salvage what she considers good STATE LAWMAKERS ENCOURAGED BY REAL ID lins legislation would give officials an oppor- about the requirement, U.S. Sen. Susan Col- ACTIVITY IN U.S. SENATE tunity to improve security at both federal lins Friday announced she’s introducing leg- and state levels. And it should find ways for SENATOR COLLINS’ MEASURE TO PROVIDE EXTRA islation to delay implementation of the act Washington to help pay for this expensive TIME, STATE INPUT INTO THE REGULATORY and provide states with a more reasonable program. PROCESS time frame for complying with its new WASHINGTON, DC.—The National Con- standards for drivers’ licenses. ‘‘The costs of [From the Portland Press Herald] ference of State Legislatures praises Maine complying with REAL ID are enormous and REAL ID PROGRAM ISAREAL MESS; HOW CAN Senator Susan Collins for introducing legis- overly burdensome to states, including STATES STANDARDIZE DRIVER’S LICENSES BY lation (S. 563) to address state concerns over Maine,’’ said Collins. 2008 WHEN STANDARDS HAVEN’T BEEN SET? the Real ID Act, a measure which creates na- We agree. Collins’ legislation puts the tional standards for state-issued drivers li- brakes on a mandate that raises significant Maine’s ‘‘revolt’’ against a federal mandate censes and identification cards. concerns, as well as the broader question of to create an expensive, high-tech driver’s li- S. 563 addresses some of the recommenda- whether the REAL ID would ultimately be cense that meets new standards set by the tions for change called for by NCSL, gov- effective. federal government is catching on. ernors and motor vehicle administrators in a Her bill would give the Department of Since state legislators overwhelmingly ap- September 2006 report—The REAL ID: Na- Homeland Security the ability to delay or proved a resolution objecting to the Real ID tional Impact Analysis. Legislators through- waive REAL ID requirements if states don’t Act of 2005 in late January, lawmakers in out the country support REAL ID’s goal of have the technical capability to comply with Vermont, Georgia, Wyoming, Montana, New making drivers licenses more secure, but are it, or the money. Mexico and Washington state have followed frustrated by the rigidity of the law’s ap- It furthermore calls to the discussion table suit. proach, the high costs it imposes on states the right group of people to hammer out an The Real ID Act was an effort to enhance and the inordinately long time it has taken alternative: federal and state officials, pri- and standardize the information on state the Department of Homeland Security to vacy advocates and others with a stake in driver’s licenses so they could double as a issue the regulations needed to implement the matter. We’re encouraged that this sen- national identification card. REAL ID. ator, who has made her name as an advocate Such a sensitive federal-state issue ought NCSL is encouraged that Senator Collins, of effective and real security measures, has to have been the subject of negotiations in- ranking member of the Senate Homeland Se- focused on finding a solution to the real cluding the states. But the House of Rep- curity and Governmental Affairs Committee, problems posed by REAL ID. resentatives forged ahead with the Real ID and other members of Congress are taking Act, which simply ordered the Department of [From the Bangor Daily News] steps to correct the problems associated with Homeland Security to write its own require- the law. S. 563 provides a longer time frame NEEDED ID DELAY ments. The measure passed the Senate at- to comply with the federal standards and to By introducing a bill to slow the pace of tached to a supplemental spending bill. ensure that necessary systems are oper- new federal identification rules, Sen. SUSAN A very real set of concerns revolve around ational. Senator Collins’ legislation also es- COLLINS today is expected to offer a way out the security of the machine-readable per- tablishes a committee of state officials and of a growing confrontation between Wash- sonal information that will be included in other interested parties to. review the draft ington and the states. The bill would extend the high-tech card, as well as the security of DHS regulations and to submit recommenda- the deadline for REAL ID by two years and the linked national database that will house tions for regulatory and legislative changes. recognize the cost burden currently imposed this information. One recent study found NCSL’s official policy statement calls for on states. Additionally, it reopens the ques- more than 700 instances of confidential data repeal of Real 10 if, by December 31 of this tion of how much information the federal being stolen from the federal government year, Congress fails to adopt the necessary government should centralize. since 2003. changes as outlined in the September 2006 re- This pause is needed. Last week, for in- Also problematic is the notion that state port and if they fail to provide full funding stance, Georgia looked at REAL ID’s ex- transportation workers will be essentially for the law. Senator Collins’ legislation, pected price tag of between $30 million and conscripted to the front line of this federal therefore, is especially timely and NCSL $60 million and declined to fund it. That fol- program. looks forward to working with her and her lows Maine’s resolution to reject the pro- Across the country, states will begin work- colleagues to fix and fund the law. gram and likely precedes work in about a ing on their 2008 budgets this year. A 2006 NCSL is the bipartisan organization that dozen states that have legislation against study by the National Governors Association serves the legislators and staff of the states, REAL ID before their legislatures. The Col- tabbed the cost of compliance at $11 billion commonwealths and territories. It provides lins bill would reconvene the panel that over five years. Secretary of State Matt research, technical assistance and opportuni- made recommendations on this issue and re- Dunlap estimates Maine’s share will be $185 ties for policymakers to exchange ideas on view problems raised by the states, the million. the most pressing state issues and is an ef- standards for protecting constitutional Yet despite Real ID’s looming May 2008 fective and respected advocate for the inter- rights and civil liberties and the security of deadline for compliance, states still haven’t ests of the states in the American federal the electronic information, among other seen the law’s requirements. system. issues. On Monday, Sen. SUSAN COLLINS intro- Under the current regulations, all Ameri- duced a bill that would delay the compliance [From Kennebec Journal Morning Sentinel] cans would have a federally approved ID card date for two years to 2010 so the federal gov- by the end of next year. Usually seen as a ernment can get its act straightened out. ADDRESSING THE REAL PROBLEMS OF REAL machine-readable driver’s license, the card Her bill would convene a panel of federal ID would be needed not only for driving but all and state stakeholders to examine issues The REAL ID Act was passed by Congress the standard uses—to board airplanes, do raised by the states around cost, privacy and in 2005. Part of a suite of measures to beef up business with the federal government, open a feasibility. homeland security, the act requires that by bank account. One estimate put the cost to Rep. TOM ALLEN intends to offer a bill that mid-2008, Americans must have a federally states for transitioning to these new IDs at would repeal the law entirely. approved ID card—most likely an enhanced $11 billion. If Congress feels homeland security re- driver’s license—to travel on airplanes, col- Besides cost, opponents of the standardized quires that all Americans carry an internal lect government payments or use govern- identification program fear that REAL ID passport, then it ought to administer the ment services and open a bank account. The will result in a national database, which the program. national ID cards would have to be machine- federal government may not be equipped to It ought to pay for it as well. readable. protect. In particular, one provision would As the deadline approaches for compliance require states to verify all documents re- [From Newsday (NY), Feb. 28, 2007] with the act, opposition to the mandate has quired for the issuance of a driver’s license GO SLOW ON NEW DRIVER’S LICENSES grown. Late last month, the Maine Legisla- or identification card. That would require ture became the first in the nation to pass a each state to have agreements with all other U.S. SHOULD TAKE TIME TO GET IT RIGHT measure against the requirement, unequivo- states or, more likely, have a single national It’s a sad sign of the times, but a national cally refusing to implement the act and urg- agreement. identification card, a new gold standard for

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.043 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2343 proof of identity, may be needed in the bat- emerging threats. We need to ensure same to be false, concerning the deliverance, tle against terrorism. The 9/11 Commission the Department has the flexibility to placement, or detonation of an explosive or urged tighter security for driver’s licenses adjust their procedures accordingly. I, other lethal device in or against a place of and Congress has asked the Department of along with my fellow cosponsors, be- public use, a State or other government fa- Homeland Security to develop rules for lieve such a responsibility is best left cility, a public transportation system, or an standardizing licenses and other state issued infrastructure facility. identification into what would be, essen- to the intelligence, terrorist, and law enforcement experts at the Department ‘‘(x) A violation of the Racketeer Influ- tially, a national ID card. enced and Corrupt Organizations Act (18 But establishing a system that will make of Homeland Security rather than U.S.C. 1961 et seq.), or a comparable State it appreciably harder for terrorists to oper- Members of Congress. Therefore, this law, if 1 of the predicate acts found by a jury ate without exacerbating the problem of amendment preserves the authority of or admitted by the defendant consists of 1 of identity theft or compromising what’s left of the Secretary to modify the offenses privacy in the digital age won’t be quick or the crimes listed in this subparagraph. accordingly. ‘‘(xi) Attempt to commit any of the crimes easy. The current May 2008 implementation I ask my colleagues to support our date is unrealistic. And there’s the question listed in clauses (i) through (iv). amendment and help ensure we im- ‘‘(xii) Conspiracy or attempt to commit state officials are already asking: Who will prove the security of our port facilities pay? any of the crimes described in clauses (v) Washington hasn’t gotten off to a very in a fair and effective manner. through (x). promising start in dealing with these con- Madam President, I call up my ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- cerns. In 2004, Congress established a com- amendment. FENSES.—Except as provided under paragraph mittee of state and federal officials and oth- The PRESIDING OFFICER. Without (2), an individual is disqualified from being ers to craft regulations for making licenses objection, the clerk will report. issued a biometric transportation security more uniform and secure. It preempted that The bill clerk read as follows: card under subsection (b) if the individual process in 2005 when it tacked the Real ID The Senator from Hawaii [Mr. INOUYE], for has been convicted, or found not guilty by Act to a spending bill, giving the rule-mak- himself, Mr. STEVENS, Mr. LIEBERMAN, and reason of insanity, during the 7-year period ing job to the Department of Homeland Se- Mrs. MURRAY, proposes an amendment num- ending on the date on which the individual curity. It’s been almost two years and no bered 285 to amendment No. 275. applies for such card, or was released from rules have been announced, although offi- The amendment is as follows: incarceration during the 5-year period end- cials say they may come as soon as this (Purpose: To specify the criminal offenses ing on the date on which the individual ap- week. plies for such card, of any of the following But creating a secure, standardized na- that disqualify an applicant from the re- felonies: tional ID card involves more than deciding ceipt of a transportation security card) ‘‘(i) Unlawful possession, use, sale, manu- on such things as digital photographs and At the appropriate place, insert the fol- facture, purchase, distribution, receipt, bar codes. Clerks everywhere would need lowing: ready access to nationwide databases to SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- transfer, shipping, transporting, delivery, verify vital records such as birth certifi- PORTATION SECURITY CARDS TO import, export of, or dealing in a firearm or cates, immigration status and driver’s li- CONVICTED FELONS. other weapon. In this clause, a firearm or (a) IN GENERAL.—Section 70105 of title 46, cense records in all 50 states. Integrating other weapon includes— United States Code, is amended— that data, securing it, controlling access and ‘‘(I) firearms (as defined in section 921(a)(3) (1) in subsection (b)(1), by striking ‘‘de- correcting errors will be no small task. of title 18 and section 5845(a) of the Internal cides that the individual poses a security Sen. SUSAN COLLINS (R–Maine) wants to Revenue Code of 1986); and give states more time to comply. That’s ad- risk under subsection (c)’’ and inserting ‘‘de- ‘‘(II) items contained on the United States visable and probably inevitable. termines under subsection (c) that the indi- Munitions Import List under section 447.21 of vidual poses a security risk’’; and title 27, Code of Federal Regulations. Ms. COLLINS. I thank the Chair. (2) in subsection (c), by amending para- ‘‘(ii) Extortion. I suggest the absence of a quorum. graph (1) to read as follows: ‘‘(iii) Dishonesty, fraud, or misrepresenta- The PRESIDING OFFICER. The ‘‘(1) DISQUALIFICATIONS.— tion, including identity fraud and money clerk will call the roll. ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL laundering if the money laundering is re- The assistant legislative clerk pro- OFFENSES.—Except as provided under para- ceeded to call the roll. graph (2), an individual is permanently dis- lated to a crime described in this subpara- Mr. INOUYE. Madam President, I ask qualified from being issued a biometric graph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not unanimous consent that the order for transportation security card under sub- section (b) if the individual has been con- constitute dishonesty, fraud, or misrepresen- the quorum call be rescinded. tation. The PRESIDING OFFICER. Without victed, or found not guilty by reason of in- sanity, in a civilian or military jurisdiction ‘‘(iv) Bribery. objection, it is so ordered. of any of the following felonies: ‘‘(v) Smuggling. AMENDMENT NO. 285 TO AMENDMENT NO. 275 ‘‘(i) Espionage or conspiracy to commit es- ‘‘(vi) Immigration violations. Mr. INOUYE. Madam President, I pionage. ‘‘(vii) Distribution of, possession with in- rise today to offer an amendment that ‘‘(ii) Sedition or conspiracy to commit se- tent to distribute, or importation of a con- incorporates Senator DEMINT’s amend- dition. trolled substance. ment No. 279 regarding the Transpor- ‘‘(iii) Treason or conspiracy to commit ‘‘(viii) Arson. tation Worker Identification Creden- treason. ‘‘(ix) Kidnapping or hostage taking. ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(x) Rape or aggravated sexual abuse. tial, known as TWIC. fined in section 2332b(g) of title 18), a com- I am pleased to advise my colleagues ‘‘(xi) Assault with intent to kill. parable State law, or conspiracy to commit ‘‘(xii) Robbery. of this amendment. It is cosponsored such crime. ‘‘(xiii) Conspiracy or attempt to commit by Senator STEVENS, Senator ‘‘(v) A crime involving a transportation se- any of the crimes listed in this subpara- LIEBERMAN, and Senator MURRAY. curity incident. graph. The amendment offered by Senator ‘‘(vi) Improper transportation of a haz- ‘‘(xiv) Fraudulent entry into a seaport DEMINT codifies in statute the list of ardous material under section 5124 of title 49, under section 1036 of title 18, or a comparable permanent and interim disqualifying or a comparable State law. State law. offenses for individuals applying for a ‘‘(vii) Unlawful possession, use, sale, dis- ‘‘(xv) A violation of the Racketeer Influ- tribution, manufacture, purchase, receipt, TWIC that the Department of Home- enced and Corrupt Organizations Act (18 transfer, shipping, transporting, import, ex- U.S.C. 1961 et seq.) or a comparable State land Security has already codified in port, storage of, or dealing in an explosive or law, other than any of the violations listed final regulations this January. explosive device. In this clause, an explosive While I understand Senator DEMINT’s or explosive device includes— in subparagraph (A)(x). desire to ensure we do not allow indi- ‘‘(I) an explosive (as defined in sections ‘‘(C) UNDER WANT WARRANT, OR INDICT- viduals who could pose a terrorism se- 232(5) and 844(j) of title 18); MENT.—An applicant who is wanted, or under curity risk to have access to our ports, ‘‘(II) explosive materials (as defined in sub- indictment, in any civilian or military juris- sections (c) through (f) of section 841 of title diction for a felony listed in this paragraph, Senator DEMINT’s language restricts is disqualified from being issued a biometric the authority of the Secretary to iden- 18); and ‘‘(III) a destructive device (as defined in transportation security card under sub- tify, adopt, and modify criminal of- 921(a)(4) of title 18 and section 5845(f) of the section (b) until the want or warrant is re- fenses that may pose a terrorist secu- Internal Revenue Code of 1986). leased or the indictment is dismissed. rity threat. ‘‘(viii) Murder. ‘‘(D) DETERMINATION OF ARREST STATUS.— We are all aware of the fact the war ‘‘(ix) Making any threat, or maliciously ‘‘(i) IN GENERAL.—If a fingerprint-based on terrorism continues to evolve with conveying false information knowing the check discloses an arrest for a disqualifying

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.048 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2344 CONGRESSIONAL RECORD — SENATE February 28, 2007 crime listed in this section without indi- and debate over our homeland security, Bernanke urging them to address many cating a disposition, the Transportation Se- and certainly, as all of us know, this of our underlying economic curity Administration shall notify the appli- remains a matter of grave concern. vulnerabilities resulting from our debt cant of such disclosure and provide the appli- Homeland security means many things, and deficits. cant with instructions on how the applicant Our Nation has been running record can clear the disposition, in accordance with and it certainly does mean that we clause (ii). fully and appropriately fund our police deficits and digging a massive fiscal ‘‘(ii) BURDEN OF PROOF.—In order to clear a and our fire. It means we guard our hole of nearly $8.8 trillion as foreign disposition under this subparagraph, an ap- ports and our infrastructure such as countries have been buying our debt plicant shall submit written proof to the our tunnels and bridges, all of which and in essence becoming our bankers. Transportation Security Administration, not are going to be the subject of the au- According to the most recent Treasury later than 60 days after receiving notifica- thorization legislation brought forward statistics, foreign nations now hold tion under clause (i), that the arrest did not by the chairman and ranking member. more than $2.2 trillion, or 44 percent, of result in conviction for the disqualifying all publicly held U.S. debt. Japan and criminal offense. But it also means we have to remain ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— strong at home and we have to have China alone hold nearly $1 trillion. To If the Transportation Security Administra- the economic resources to spend on put it plainly: 16 percent of our entire tion does not receive proof in accordance protecting ourselves. economy is being loaned to us by the with the Transportation Security Adminis- Yesterday, the Dow Jones Industrial Central Banks of other nations. I know tration’s procedures for waiver of criminal Average plummeted 416 points—the other Members of this Chamber, such offenses and appeals, the Transportation Se- largest single drop since the markets as Senator CONRAD, the chairman of curity Administration shall notify— reopened after the September 11 at- our Budget Committee, share my con- ‘‘(I) the applicant that he or she is dis- tacks. While our markets were reeling, cern over the implications of this mas- qualified from being issued a biometric transportation security card under sub- alarm bells were ringing once again sive foreign debt. section (b); over the irresponsible fiscal and eco- While the foundations of our fiscal ‘‘(II) the State that the applicant is dis- nomic policies of this administration house are eroded by our fiscal policies, qualified, in the case of a hazardous mate- that continue to surrender the eco- our failure to pursue smart economic rials endorsement; and nomic sovereignty of our country to policies has added strain on our econ- ‘‘(III) the Coast Guard that the applicant is foreign banks, investors, and govern- omy. Every single year since President disqualified, if the applicant is a mariner. ments piece by piece. Bush took office we have had a record ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— Yesterday’s stock market disruption trade deficit. Last year the deficit was Except as provided under subparagraphs (A) through (C), an individual may not be denied came on the heels of pessimistic eco- $764 billion. One of the ramifications of a transportation security card under sub- nomic news on the homefront and omi- that trade deficit to foreign interests is section (b) unless the Secretary determines nous comments about recession by the control by foreign interests of more that individual— former Fed Reserve Chairman Alan and more of our assets. ‘‘(i) has been convicted within the pre- Greenspan. So while it can and will be How can we negotiate fair, pro-Amer- ceding 7-year period of a felony or found not debated whether yesterday’s market ican trade agreements and ensure for- guilty by reason of insanity of a felony— fluctuation was a blip or a larger indi- eign countries uphold these agreements ‘‘(I) that the Secretary believes could cator of our economy’s vulnerabilities, when we sit across the negotiating cause the individual to be a terrorism secu- table not only from our competitor but rity risk to the United States; or it is clear that what happened under- ‘‘(II) for causing a severe transportation scores the exposure of our economy to from our banker as well? While ceding security incident; a combination of economic develop- our economic sovereignty, we also sow ‘‘(ii) has been released from incarceration ments in countries such as China and the seeds of economic vulnerability. within the preceding 5-year period for com- economic policies here at home. A Precipitous decisions by any country mitting a felony described in clause (i); scare in the Chinese stock market, holding our debt could create much ‘‘(iii) may be denied admission to the based on rumors within that country, graver economic problems than what United States or removed from the United sent economic reverberations around we saw yesterday. States under the Immigration and Nation- the world. I believe in smart, pro-American ality Act (8 U.S.C. 1101 et seq.); or trade, and globalization does hold in- ‘‘(iv) otherwise poses a terrorism security In terms of our fiscal stability, we risk to the United States. are in uncharted waters. Markets, to a credible promise to continue to im- (F) MODIFICATION OF LISTED OFFENSES.— certain degree, will always be volatile prove our standard of living and to cre- The Secretary may, by rulemaking, add or and, to a great extent, we are fortunate ate economic growth. But for too long, modify the offenses described in paragraph that our domestic markets are deep the choices have been painted far too (1)(A) or (B).‘‘. enough to absorb certain shocks. But starkly and with a broad political (b) CONFORMING AMENDMENT.—Section there is no precedent in U.S. history brush. In fact, we can protect our eco- 70101 of title 49, United States Code, is for an economy as large as ours to be nomic interests while promoting trade. amended— (1) by redesignating paragraphs (2) through as heavily in debt to its trading part- We can secure our economic sov- (6) as paragraphs (3) through (7); and ners as the United States is to coun- ereignty while promoting policies that (2) by inserting after paragraph (1) the fol- tries such as China, Japan, and others. secure our global economic position. lowing: When it comes to the fiscal reckless- Trade does not have to be a zero sum ‘‘(2) The term ‘economic disruption’ does ness and economic fatalism of the cur- game. not include a work stoppage or other em- rent administration, the writing may The choice is not between fatalism ployee-related action not related to ter- not be on the wall, but yesterday the and protectionism. The choice is be- rorism and resulting from an employer-em- writing was on the ‘‘Big Board.’’ In the tween policies that work and policies ployee dispute.’’. face of this challenge, the economic that are not working. We have to curb Mr. INOUYE. Madam President, I policies of the last 6 years have con- these deficits and ensure foreign gov- suggest the absence of a quorum. tributed to an erosion of U.S. economic ernments do not own too much of our The PRESIDING OFFICER. Without sovereignty and have made us more de- Government debt. We need a firewall objection, the clerk will call the roll. pendent on the economic decisions of that keeps our economic future more The bill clerk proceeded to call the other nations. As I have proposed, and in our own hands. roll. continue to support, we need to take In years past I have worked with Mrs. CLINTON. Mr. President, I ask steps to restore fiscal responsibility other Members of Congress who share unanimous consent that the order for and sound economic policies based on my concerns. For example, during the the quorum call be rescinded. the facts, not ideology. last session of Congress I supported The PRESIDING OFFICER (Mr. I will continue to support legislative legislation by Senator DORGAN and OBAMA). Without objection, it is so or- steps to require that the Bush adminis- then-Congressman Cardin that rings an dered. tration address mounting fiscal and alarm bell when U.S. foreign-owned U.S. ECONOMIC SOVEREIGNTY trade imbalances. Today I sent letters debt reaches 25 percent of GDP or the Mrs. CLINTON. Mr. President, we are to Treasury Secretary Hank Paulson trade deficit reaches 5 percent of GDP. in the middle of an ongoing discussion and Federal Reserve Chairman Ben It would require the administration to

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.022 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2345 develop a plan of action to address ther amendment prior to the vote and this. In fact, he is supporting the these conditions and report their find- that there be 2 minutes of debate amendment we have. I cannot imagine ings to Congress. At the very least this equally divided between the votes. any future Secretary or future admin- proposal would compel our Government The PRESIDING OFFICER. Is there istration wanting to eliminate some of to deal with these economic issues objection? these felonies. The whole point of hav- while they are problems but before Without objection, it is so ordered. ing this amendment and putting it into they become crises. I believe proposals Ms. COLLINS. Thank you, Mr. Presi- law is so that our agencies are not sub- such as these need to be considered in dent. ject to lawsuits and constant harass- order to put our economic house in The PRESIDING OFFICER. Who ment to change the criteria for work- order, as we can too easily be held hos- yields time? The Senator from Hawaii ing in the secure areas of our ports. tage to the economic policies that are is recognized. So I appeal to my fellow colleagues, a being made not in Washington and not Mr. INOUYE. Mr. President, I concur vote for this second-degree amendment in the markets of New York but in Bei- with the statement just issued, and I is a vote to gut my amendment. It is a jing, Shanghai, Tokyo, and elsewhere. suggest the absence of a quorum. vote to allow in the future any admin- Yesterday it was the selloff of foreign The PRESIDING OFFICER. The istration or this administration to stocks that had reverberations in U.S. clerk will call the roll. eliminate certain felonies that would markets. But if China or Japan made a The bill clerk proceeded to call the keep convicted criminals from working decision to decrease their massive roll. in our ports. I encourage my colleagues holdings of U.S. dollars, there could be Mr. DEMINT. Mr. President, I ask not to vote for this second degree. Vote for my amendment, which everybody in a currency crisis and the United States unanimous consent that the order for this body has voted for unanimously in would have to raise interest rates and the quorum call be rescinded. The PRESIDING OFFICER. Without the past. invite conditions for a recession. Pre- Again, I thank the Senator from Con- cipitous decisions by any country hold- objection, it is so ordered. necticut and Senator COLLINS for the AMENDMENT NO. 285 ing our debt could create far graver opportunity to speak. economic consequences than what we Mr. DEMINT. Mr. President, I wish to I yield the floor. witnessed yesterday. comment on the second-degree amend- The PRESIDING OFFICER. The Sen- While it is clear we should take rea- ment that has been offered by my col- ator from Hawaii is recognized. sonable steps now to ensure that the league from Hawaii, Senator INOUYE. Mr. INOUYE. Mr. President, the economic problems of today do not be- The PRESIDING OFFICER. All time amendment I introduced is not a sec- come the crises of tomorrow, we are has expired under the previous agree- ond-degree amendment. However, it in- awaiting some action by the adminis- ment. corporates Senator DEMINT’s amend- tration that gives us a clear signal that Mr. DEMINT. I ask unanimous con- ment. we can begin to restore responsibility. sent—— It doesn’t in any way minimize the This is a long-term problem, but it is Ms. COLLINS. Mr. President, to clar- matter of security. It just says the Sec- one that I think we must respond to. ify the unanimous consent request, I retary shall have flexibility with We ignore it at our peril. As we saw believe there were 2 minutes between changing times. As we all concur, yesterday, the United States is inter- the votes, am I correct, for debate? times do change. connected with globalized markets. The PRESIDING OFFICER. The Sen- Thirdly, in the other areas where se- They are not going to leave anyone ator is correct. The Senator from curity threats are common, such as out. We will all be impacted by deci- South Carolina may proceed. airports, the Department of Transpor- sions that we have nothing to do with Mr. LIEBERMAN. Mr. President, tation has not asked for anything like making, even if they are rumors or may I ask the Senator through the this, with no flexibility. quickly reversed. Chair, how much time does the Senator Fourth, if rules are to be made to dif- It is my hope what happened yester- from South Carolina need? fer from the present rules as set forth day, which gave us headlines across the Mr. DEMINT. Three or 4 minutes. in the DeMint amendment and the world, will open our eyes to what we Mr. LIEBERMAN. Mr. President, I Inouye amendment, it will have to go need to do to take action to put our- ask unanimous consent that the Sen- through the rulemaking process. I can selves in a much more competitive po- ator be given 4 minutes to speak. assure my colleagues that we will not sition and to begin to move away from The PRESIDING OFFICER. Without let felons be in charge of our security. I thank the Chair. the loss of economic sovereignty we objection, it is so ordered. Mr. DEMINT. Mr. President, may I have seen over the last years. Mr. DEMINT. I thank the Senator. I appreciate the Senator fitting me in. have an additional 60 seconds? Mr. President, I yield the floor. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Again, I am speaking on the second de- gree to my amendment that is related objection? ator from Kentucky is recognized. Without objection, it is so ordered. to port security. Mr. BUNNING. Mr. President, what is Mr. DEMINT. I thank the Senator the pending business? As we talked about here several from Hawaii. I need to make an impor- The PRESIDING OFFICER. The times on the floor, and actually passed tant point. The whole point of my Inouye amendment to S. 4 is pending. last year, it is important that the peo- amendment is to put a regulation in Mr. BUNNING. Mr. President, I ask ple who are working at our ports are law so it cannot be changed and con- unanimous consent to speak as in people we can trust to use the equip- tested. The amendment offered by Sen- ment and technology they are given to morning business for 5 minutes. ator INOUYE basically guts the amend- The PRESIDING OFFICER. Without keep the people of America safe. ment and eliminates the reason for the objection, it is so ordered. The amendment I have offered is con- amendment. It moves from being a law (The remarks of Mr. BUNNING are sistent with—in fact, it is identical to something that is subject to the printed in today’s RECORD under to—the regulations that the Secretary whims of any future administration or ‘‘Morning Business.’’) and the homeland defense agency have Secretary. Ms. COLLINS. Mr. President, I ask put together so that we will not have Our job here is certainly to be fair to unanimous consent that at 5:20 today, convicted felons working in our ports workers, but our first priority is to the Senate proceed to a vote in rela- around this country, so that we know protect the American people. Please, tion to the Inouye amendment No. 285, the people who are operating our most let’s not allow convicted felons to work to be followed by a vote in relation to secure areas are people who have not in our ports. Our job is to protect our the DeMint amendment No. 279, as proven to be susceptible to crimes. ports. The second degree completely modified; with the time until then for Senator INOUYE is offering a second guts the whole idea of an amendment debate to run concurrently on both degree to my amendment that would that makes this law. amendments, with the time equally di- allow the Secretary to change some of I yield the floor. vided and controlled between Senators these crimes or felony convictions or The PRESIDING OFFICER. The Inouye and DeMint or their designees; to modify the rules. The Secretary of question is on agreeing to amendment that no amendments be in order to ei- Homeland Security has not asked for No. 285.

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.063 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2346 CONGRESSIONAL RECORD — SENATE February 28, 2007 Mr. LIEBERMAN. Mr. President, I Ms. COLLINS. Mr. President, if the The PRESIDING OFFICER. The ma- ask for the yeas and nays. Senator from West Virginia is seeking jority leader. The PRESIDING OFFICER. Is there a an explanation of the amendment, I be- Mr. REID. Madam President, because sufficient second? There is a sufficient lieve I can provide that. of these two votes coming together as second. The amendment offered by the Sen- they did, there was some confusion. The clerk will call the roll. ator from South Carolina would give That is why this vote took longer. Ev- The bill clerk called the roll. authority to the Secretary of the De- eryone should understand, we will not Mr. DURBIN. I announce that the partment of Homeland Security to add make a habit of this. We have been Senator from Delaware (Mr. BIDEN), certain advances to the list of disquali- very strict in enforcing the 20-minute the Senator from South Dakota (Mr. fying crimes that would prevent some- rule, and we will continue to do so. JOHNSON), and the Senator from Rhode one from working at our seaports. For the benefit of all Senators, we Island (Mr. REED) are necessarily ab- Mr. BYRD. I thank the Senator from had a productive day today but, in my sent. Maine. opinion, not as productive as it should Mr. LOTT. The following Senators Ms. COLLINS. Mr. President, I yield have been. For Senators who have were necessarily absent: the Senator back the remaining time on this side. amendments, tomorrow is Thursday. from Kansas (Mr. BROWNBACK) and the The PRESIDING OFFICER. The We are not having votes until 5:30 on Senator from Arizona (Mr. MCCAIN). question is on agreeing to amendment Monday night. We are going to have The PRESIDING OFFICER. Are there No. 279, as modified. some amendments offered or I am any other Senators in the Chamber de- Mr. LIEBERMAN. Mr. President, I going to get the idea there are not any siring to vote? ask for the yeas and nays. amendments to offer, and we will have The result was announced—yeas 58, The PRESIDING OFFICER. Is there a to either move to third reading or nays 37, as follows: sufficient second? There appears to be move to cloture or something. If Mem- [Rollcall Vote No. 54 Leg.] a sufficient second. bers have amendments, we said this The clerk will call the roll. YEAS—58 would be an open process. This is a The legislative clerk called the roll. very important piece of legislation. I Akaka Hagel Nelson (NE) Mr. DURBIN. I announce that the Baucus Harkin Obama hope they are not waiting until the Senator from Delaware (Mr. BIDEN) and Bayh Hutchison Pryor last minute because the last minute Bingaman Inouye Reid the Senator from South Dakota (Mr. Boxer Kennedy may arrive more quickly than they Rockefeller JOHNSON) are necessarily absent. think. It is important legislation. In Brown Kerry Salazar Mr. LOTT. The following Senators Byrd Klobuchar our cloakroom, we sent out a hotline Sanders were necessarily absent: the Senator Cantwell Kohl Schumer today to find out what amendments my Cardin Landrieu Smith from Kansas (Mr. BROWNBACK) and the Carper Lautenberg caucus has. I hope the Republicans will Specter Senator from Arizona (Mr. MCCAIN). Casey Leahy follow up on that so we may have a list Stabenow The PRESIDING OFFICER (Ms. Clinton Levin of amendments so we know whom to Stevens CANTWELL). Are there any other Sen- Cochran Lieberman call. Conrad Lincoln Tester ators in the Chamber desiring to vote? Dodd McCaskill Voinovich The result was announced—yeas 94, We have had a lot of dead time today. Domenici Warner Menendez nays 2, as follows: If this bill is open to amendment and Dorgan Mikulski Webb people have concerns with it, they Durbin Murkowski Whitehouse [Rollcall Vote No. 55 Leg.] should offer those amendments. Feingold Murray Wyden YEAS—94 Feinstein Nelson (FL) The PRESIDING OFFICER. The Sen- Akaka Dorgan Menendez ator from New Mexico. NAYS—37 Alexander Durbin Mikulski Alexander Crapo Lugar Allard Ensign Murkowski AMENDMENT NO. 281 TO AMENDMENT NO. 275 Allard DeMint Martinez Baucus Enzi Murray Mr. BINGAMAN. Madam President, I Bennett Dole McConnell Bayh Feingold Nelson (FL) Bennett Feinstein call up amendment No. 281 and ask for Bond Ensign Roberts Nelson (NE) Bingaman Graham its immediate consideration. Bunning Enzi Sessions Obama Bond Grassley Burr Graham Shelby Pryor The PRESIDING OFFICER. Is there Boxer Gregg Chambliss Grassley Reed objection to setting aside the pending Snowe Brown Hagel Coburn Gregg Sununu Reid amendment? Coleman Hatch Bunning Harkin Thomas Roberts Collins Inhofe Burr Hatch Without objection, it is so ordered. Thune Rockefeller Corker Isakson Byrd Hutchison The clerk will report. Vitter Salazar Cornyn Kyl Cantwell Inhofe Sanders The legislative clerk read as follows: Craig Lott Cardin Inouye Carper Isakson Schumer The Senator from New Mexico [Mr. BINGA- NOT VOTING—5 Casey Kennedy Sessions MAN], for himself and Mr. DOMENICI, proposes Shelby Biden Johnson Reed Chambliss Kerry an amendment numbered 281 to amendment Snowe Brownback McCain Clinton Klobuchar No. 275. Coburn Kohl Stabenow The amendment (No. 285) was agreed Cochran Kyl Stevens Mr. BINGAMAN. I ask unanimous to. Coleman Landrieu Sununu consent that reading of the amendment Collins Lautenberg Mr. LIEBERMAN. Mr. President, I Tester be dispensed with. Conrad Leahy Thomas move to reconsider the vote, and I Corker Levin Thune The PRESIDING OFFICER. Without move to lay that motion on the table. Cornyn Lieberman Vitter objection, it is so ordered. Craig Lincoln Voinovich The amendment is as follows: The motion to lay on the table was Crapo Lott Warner agreed to. DeMint Lugar (Purpose: To provide financial aid to local Webb AMENDMENT NO. 279, AS MODIFIED Dodd Martinez law enforcement officials along the Na- Dole McCaskill Whitehouse tion’s borders, and for other purposes) The PRESIDING OFFICER. Under a Domenici McConnell Wyden previous order, there will now be 2 min- At the appropriate place, insert the fol- NAYS—2 utes of debate equally divided on the lowing: DeMint amendment No. 279. Smith Specter TITLEll.—BORDER LAW ENFORCEMENT Who yields time? NOT VOTING—4 RELIEF ACT ll Mr. LIEBERMAN. Mr. President, I Biden Johnson SEC. 01. SHORT TITLE. am prepared to yield back the time on Brownback McCain This title may be cited as the ‘‘Border Law Enforcement Relief Act of 2007’’. our side and go right to the vote. The amendment (No. 279), as modi- Mr. BYRD. Let’s hear something fied, was agreed to. SEC. ll02. FINDINGS. about the amendment. Congress finds the following: Mr. REID. I move to reconsider the (1) It is the obligation of the Federal Gov- Mr. LIEBERMAN. The proponent of vote and to lay that motion on the ernment of the United States to adequately the amendment is the Senator from table. secure the Nation’s borders and prevent the South Carolina, and he has 1 minute to The motion to lay on the table was flow of undocumented persons and illegal describe it, if he so chooses. agreed to. drugs into the United States.

VerDate Aug 31 2005 04:29 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.064 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2347 (2) Despite the fact that the United States (ii) Mexico. Mr. BINGAMAN. Madam President, Border Patrol apprehends over 1,000,000 peo- (b) USE OF FUNDS.—Grants awarded pursu- this is an amendment I am offering on ple each year trying to illegally enter the ant to subsection (a) may only be used to behalf of myself and Senator DOMENICI, United States, according to the Congres- provide additional resources for an eligible my colleague. It is to provide funds to sional Research Service, the net growth in law enforcement agency to address criminal the number of unauthorized aliens has in- activity occurring along any such border, in- local law enforcement agencies along creased by approximately 500,000 each year. cluding— our very substantial borders with Can- The Southwest border accounts for approxi- (1) to obtain equipment; ada and Mexico to assist them with mately 94 percent of all migrant apprehen- (2) to hire additional personnel; criminal activity, problems of enforce- sions each year. Currently, there are an esti- (3) to upgrade and maintain law enforce- ment of the laws, and dealing with mated 11,000,000 unauthorized aliens in the ment technology; criminal activity in those border com- United States. (4) to cover operational costs, including munities. This is an amendment that (3) The border region is also a major cor- overtime and transportation costs; and sets up a $50 million-a-year grant pro- ridor for the shipment of drugs. According to (5) such other resources as are available to the El Paso Intelligence Center, 65 percent of assist that agency. gram. It is an amendment we have the narcotics that are sold in the markets of (c) APPLICATION.— passed twice in the Senate, but it has the United States enter the country through (1) IN GENERAL.—Each eligible law enforce- not become law as yet. the Southwest Border. ment agency seeking a grant under this sec- It calls upon the Department of (4) Border communities continue to incur tion shall submit an application to the Sec- Homeland Security to establish a com- significant costs due to the lack of adequate retary at such time, in such manner, and ac- petitive grant program to assist local border security. A 2001 study by the United companied by such information as the Sec- law enforcement located along the bor- States-Mexico Border Counties Coalition retary may reasonably require. der or other local law enforcement found that law enforcement and criminal (2) CONTENTS.—Each application submitted agencies that are determined by the justice expenses associated with illegal im- pursuant to paragraph (1) shall— migration exceed $89,000,000 annually for the (A) describe the activities for which assist- Homeland Security Department to be Southwest border counties. ance under this section is sought; and heavily impacted, high-impact areas (5) In August 2005, the States of New Mex- (B) provide such additional assurances as elsewhere in the country. ico and Arizona declared states of emergency the Secretary determines to be essential to The border with Canada is 5,525 miles in order to provide local law enforcement ensure compliance with the requirements of long. Our border with Mexico is nearly immediate assistance in addressing criminal this section. 2,000 miles long. We have had serious activity along the Southwest border. (d) DEFINITIONS.—For the purposes of this problems on the New Mexico-Mexico (6) While the Federal Government provides section: border, as has the State of Arizona. In States and localities assistance in covering (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— costs related to the detention of certain The term ‘‘eligible law enforcement agency’’ fact, last year the States of Arizona criminal aliens and the prosecution of Fed- means a tribal, State, or local law enforce- and New Mexico declared states of eral drug cases, local law enforcement along ment agency— emergency in order to provide local the border are provided no assistance in cov- (A) located in a county no more than 100 law enforcement with immediate as- ering such expenses and must use their lim- miles from a United States border with— sistance in dealing with criminal activ- ited resources to combat drug trafficking, (i) Canada; or ity along the border. The Federal Gov- human smuggling, kidnappings, the destruc- (ii) Mexico; or ernment needs to step up and do its tion of private property, and other border-re- (B) located in a county more than 100 miles part in helping these local law enforce- lated crimes. from any such border, but where such county (7) The United States shares 5,525 miles of has been certified by the Secretary as a High ment agencies. This amendment helps border with Canada and 1,989 miles with Impact Area. to do that. Mexico. Many of the local law enforcement (2) HIGH IMPACT AREA.—The term ‘‘High I hope when the time comes for a agencies located along the border are small, Impact Area’’ means any county designated vote on the amendment, my colleagues rural departments charged with patrolling by the Secretary as such, taking into consid- will agree to support it, and we can large areas of land. Counties along the eration— pass it with a unanimous vote. Southwest United States-Mexico border are (A) whether local law enforcement agen- I yield the floor. some of the poorest in the country and lack cies in that county have the resources to The PRESIDING OFFICER. The Sen- the financial resources to cover the addi- protect the lives, property, safety, or welfare ator from New Jersey. tional costs associated with illegal immigra- of the residents of that county; Mr. MENENDEZ. Madam President, tion, drug trafficking, and other border-re- (B) the relationship between any lack of lated crimes. security along the United States border and the Improving America’s Security Act (8) Federal assistance is required to help the rise, if any, of criminal activity in that is not only about unfinished business, local law enforcement operating along the county; and it is not only about doing what others border address the unique challenges that (C) any other unique challenges that local have failed to do, it is about living up arise as a result of their proximity to an law enforcement face due to a lack of secu- to the responsibilities we have as a international border and the lack of overall rity along the United States border. Congress and a government to protect border security in the region (3) SECRETARY.—The term ‘‘Secretary’’ our Nation and its people and to do ev- SEC. ll03. BORDER RELIEF GRANT PROGRAM. means the Secretary of the Department of erything possible to prevent what was Homeland Security. (a) GRANTS AUTHORIZED.— once unthinkable from happening (e) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The Secretary is author- again. ized to award grants, subject to the avail- (1) IN GENERAL.—There are authorized to be ability of appropriations, to an eligible law appropriated $50,000,000 for each of fiscal As a Senator from New Jersey, I take enforcement agency to provide assistance to years 2007 through 2011 to carry out the pro- that responsibility as a solemn promise such agency to address— visions of this section. to the 700 New Jerseyans who lost their (A) criminal activity that occurs in the ju- (2) DIVISION OF AUTHORIZED FUNDS.—Of the lives on September 11 and their fami- risdiction of such agency by virtue of such amounts authorized under paragraph (1)— lies who survived them. agency’s proximity to the United States bor- (A) 2⁄3 shall be set aside for eligible law en- More than 5 years ago, it became der; and forcement agencies located in the 6 States painfully clear that we, as a Nation with the largest number of undocumented (B) the impact of any lack of security that believed it was the most secure in along the United States border. alien apprehensions; and 1 the world, were unprotected. In the (2) DURATION.—Grants may be awarded (B) ⁄3 shall be set aside for areas des- under this subsection during fiscal years 2007 ignated as a High Impact Area under sub- glimpse of a few minutes and over the through 2011. section (d). course of a few short horrific hours, (3) COMPETITIVE BASIS.—The Secretary (f) SUPPLEMENT NOT SUPPLANT.—Amounts our Nation and the security we thought shall award grants under this subsection on appropriated for grants under this section we had was changed forever. We en- a competitive basis, except that the Sec- shall be used to supplement and not supplant tered into the stark reality of a post- retary shall give priority to applications other State and local public funds obligated September 11 world. from any eligible law enforcement agency for the purposes provided under this title. On that day, glaring gaps in our secu- serving a community— SEC. ll04. ENFORCEMENT OF FEDERAL IMMI- rity were exploited, lax systems were (A) with a population of less than 50,000; GRATION LAW. and Nothing in this title shall be construed to taken advantage of, and a trusting na- (B) located no more than 100 miles from a authorize State or local law enforcement tion paid the price. Thousands of inno- United States border with— agencies or their officers to exercise Federal cent lives, everyday Americans whom (i) Canada; or immigration law enforcement authority. this Nation has grieved every day

VerDate Aug 31 2005 02:54 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A28FE6.021 S28FEPT1 jcorcoran on PROD1PC62 with SENATE S2348 CONGRESSIONAL RECORD — SENATE February 28, 2007 since, were lost. We can never go back The fact is, so long as we do not heed Mr. REID. Mr. President, I ask unan- to rectify past mistakes that could the advice of the 9/11 Commissioners imous consent that the order for the have prevented that day, but we can who spent months examining how we quorum call be rescinded. work to better secure our Nation mov- could improve our Nation’s security, so The PRESIDING OFFICER (Mr. ing forward. long as we do not make dramatic im- WHITEHOUSE). Without objection, it is We have a roadmap of how to get provements to our security—at our Na- so ordered. there. The 9/11 Commission laid out a tion’s ports, on our trains and buses, f plan, provided guidance, and delivered around our chemical plants, and in how 41 specific and wide-ranging rec- we allocate homeland security fund- MORNING BUSINESS ommendations. Yet more than 2 years ing—we continue to leave our Nation Mr. REID. Mr. President, I ask unan- after the Commission issued those rec- at risk. imous consent that there now be a pe- ommendations, many of them remain I cannot imagine talking about the riod for the transaction of morning just that—recommendations that have security of our Nation without the 41 business, with Senators allowed to not been acted on or fully imple- recommendations of the 9/11 Commis- speak therein for 10 minutes each. mented. sion. The Commission’s findings and The PRESIDING OFFICER. Without This legislation already comes before recommendations are integral to un- objection, it is so ordered. this body far later than it should. But derstanding our deepest flaws, the com- f the fact that it is on the floor of this plexity of our intelligence and security Chamber just 2 short months into a networks, the obstacles that lie ahead TRIBUTE TO MARION ‘‘GENE’’ new Congress speaks boldly of our new and, most of all, what needs to be done. SNYDER leadership and how important finishing Yet if some in our Government had Mr. BUNNING. Mr. President, on the 9/11 Commission’s work is to our had their way, there would have been February 16, the Commonwealth of leadership. I commend both Majority no Commission, there would have been Kentucky lost a favorite son. Marian Leader REID and Chairman LIEBERMAN no digging into the secrecy and ineffec- ‘‘Gene’’ Snyder was born on January for making this a top priority for this tiveness of our Nation’s security, no 26, 1928 in Louisville, KY, to a working- Congress, as well as Chairman INOUYE poring over thousands upon thousands class family. He would often say he was and Chairman DODD for their roles in of documents, no reviewing of every ac- ‘‘a poor boy from the other side of the crafting this legislation. tion Federal agencies took or did not tracks in a cold-water flat.’’ His up- Many of us have been pushing for a take to prevent and respond to the at- bringing during the Great Depression long time to see all 41 recommenda- tacks of September 11, no asking of and the work ethic taught to him by tions fully implemented and to make some of the toughest questions our Na- his mother and father would serve significant improvements to our Na- tion has had to bear. Gene well in future years. tion’s security that have been under So once we pass this final legislation, Gene worked his way through college the radar screen for far too long. have it signed into law and imple- and law school and earned a law degree As a former Member of the House of mented, we will come to the day—I from the University of Louisville at Representatives, I fought to see that hope sooner rather than later—when the ripe young age of 26. He was ap- all 41 recommendations were fully im- our Nation’s security funding is based pointed to his first political post as plemented in the 2004 intelligence re- more on risk, when our ports are fully Jeffersontown city attorney. form legislation. I was proud to serve secure because of 100 percent scanning, In 1962, Louisville Republican leaders as the lead Democratic negotiator in when we are making the necessary in- saw they had a great young candidate the House on the conference committee vestments in mass transit security, and backed him for his first race for that created the final intelligence bill. and when our first responders have a Congress. Gene won that race and rep- While that legislation made essential strong emergency communications sys- resented the people of Kentucky’s third and urgently needed reforms to our Na- tem that works in interoperable ways, congressional district for the next 2 tion’s intelligence, unfortunately, it so that those who are sworn to protect years. Gene unfortunately lost reelec- fell far short on implementing all of us can speak to each other effectively. tion in 1964, but as he did all of his life, the recommendations. These are only a few of the dimen- he bounced back and in 1966 he won the I have also since introduced legisla- sions in this fight. Unfortunately, this tion that ensures that all of these rec- fourth congressional seat. He would is a fight that would not have taken serve and hold that seat with distinc- ommendations will be fully imple- place without the commitment and mented and to hold the executive tion for the next 20 years. strength of the families of the victims Gene was instrumental in bringing a branch accountable for implementing of September 11. number of important infrastructure each recommendation. It is my hope When the loved ones of those who projects back to Kentucky while serv- that with the bill we are working on were lost on September 11 have to be- now before the Senate, and with the come full-time advocates, spending ing on the Public Works Committee. vigorous oversight under the leadership every possible hour lobbying Congress, One of his greatest achievements is a freeway that bears his name in Louis- of Chairman LIEBERMAN and Ranking when they have to be the constant re- ville, KY. Member COLLINS, we will be able to see minder for our Government to do its all these recommendations enacted and job, we know we have failed them. Gene Snyder worked hard to make implemented. Many of them are here and have been sure Kentucky got its fair share from It was just over a year ago the 9/11 here today watching this body, waiting the Federal Government. But I think Public Discourse Project, led by former to finally see this legislation become the most important thing he did was to members of the 9/11 Commission, pub- law, hoping that all their suffering, validate conservatism in the Common- lished its disturbing report card, giving their work, and their tireless advocacy wealth of Kentucky. Back in the early far more Fs than As on the implemen- will not be in vain. 1960s, you couldn’t count on one hand tation of those 41 recommendations. Let us not only fulfill their wishes the number of Republicans in Ken- There is no excuse left for Congress, but the wishes of all Americans to have tucky. Gene Snyder was the first brick the White House, or our Federal agen- a nation as secure as possible for their in the foundation of what the Repub- cies for not finishing what is so direly families and neighbors. Let’s work to lican Party is today in Kentucky. needed: improving the security of our pass this legislation and make sure it Gene had something lacking in to- Nation. Yes, we have made some great is fully enacted. Let’s finally accom- day’s world of weekly polls and polit- steps forward. Yes, we have made some plish what should have been finished ical consultants. Gene had conserv- significant improvements that have several years ago. ative principles and never wavered likely saved lives and stopped terror- Madam President, I suggest the ab- from those principles. Gene Snyder ac- ists in their tracks. But no one—no sence of a quorum. tually stood for something. That is one—should use the lack of another The PRESIDING OFFICER. The why I consider Gene Snyder one of my catastrophic attack on our soil as proof clerk will call the roll. political mentors. I would not be stand- that we have succeeded in fully meet- The legislative clerk proceeded to ing here in the well of this great Sen- ing our goals. call the roll. ate if it were not for Gene Snyder.

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