[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5195-5211]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 288. Mr. NELSON of Florida (for himself and Mr. Martinez) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INTERVIEWS OF VISA APPLICANTS.

       Section 222 of the Immigration and Nationality Act (8 
     U.S.C. 1202) is amended by adding at the end the following 
     new subsection:
       ``(i) Interviews for Visa Applicants.--
       ``(1) Authority to utilize videoconferencing.--For purposes 
     of subsection (h), the term `in person interview' shall 
     include an interview conducted via videoconference or similar 
     technology after the date that the Secretary of State 
     certifies to the Secretary of Homeland Security that security 
     measures and audit mechanisms have been implemented to ensure 
     that biometrics collected for a visa applicant during an 
     interview via videoconference or similar technology are those 
     of the visa applicant.
       ``(2) Pilot program to permit mobile visa interviews.--The 
     Secretary of State is authorized to carry out a pilot program 
     to conduct visa interviews via the use of mobile teams of 
     consular officials after the date that the Secretary of State 
     certifies to the Secretary of Homeland Security that such a 
     pilot program may be carried out without jeopardizing the 
     integrity of the visa interview process.''.
                                 ______
                                 
  SA 289. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XI, insert the following:

     SEC. 1104. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES 
                   GOVERNMENT.

       (a) Clarification of Definition of Congressional 
     Intelligence Committees To Include All Members of 
     Committees.--Section 3(7) of the National Security Act of 
     1947 (50 U.S.C. 401a(7)) is amended--
       (1) in subparagraph (A), by inserting ``, and includes each 
     member of the Select Committee'' before the semicolon; and

[[Page 5196]]

       (2) in subparagraph (B), by inserting ``, and includes each 
     member of the Permanent Select Committee'' before the period.
       (b) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of such Act (50 U.S.C. 413a) 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, the Director shall, in 
     a timely fashion, provide written notification to all the 
     members of such committees of the determination not to 
     provide such information in full or to all members of such 
     committees. Such notice shall include a statement of the 
     reasons for such determination and a description that 
     provides the main features of the intelligence activities 
     covered by such determination.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives of any information necessary to keep 
     all the members of such committees fully and currently 
     informed on all intelligence activities covered by this 
     section.''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (c) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Any report relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing, and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     report.
       ``(B) An explanation of the significance of the covert 
     action covered by such report.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b)(2) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, for the reason 
     specified in paragraph (2), the Director shall, in a timely 
     fashion, provide written notification to all the members of 
     such committees of the determination not to provide such 
     information in full or to all members of such committees. 
     Such notice shall include a statement of the reasons for such 
     determination and a description that provides the main 
     features of the covert actions covered by such 
     determination.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.

     SEC. 1105. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       Section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) is amended--
       (1) in subsection (a), by inserting ``the congressional 
     intelligence committees have been fully and currently 
     informed of such activity and if'' after ``only if'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In any case in which notice to the congressional 
     intelligence committees on an intelligence or intelligence-
     related activity is covered by section 502(b), or in which 
     notice to the congressional intelligence committees on a 
     covert action is covered by section 503(c)(5), the 
     congressional intelligence committees shall be treated as 
     being fully and currently informed on such activity or covert 
     action, as the case may be, for purposes of subsection (a) if 
     the requirements of such section 502(b) or 503(c)(5), as 
     applicable, have been met.''.

                                 ______
                                 
  SA 290. Mr. SALAZAR (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. QUADRENNIAL HOMELAND DEFENSE REVIEW.

       (a) In General.--
       (1) Establishment.--Not later than the end of fiscal year 
     2008, the Secretary shall establish a national homeland 
     defense strategy.
       (2) Review.--Every 4 years after the establishment of the 
     national homeland defense strategy, the Secretary shall 
     conduct a comprehensive examination of the national homeland 
     defense strategy.
       (3) Scope.--In establishing or reviewing the national 
     homeland defense strategy under this subsection, the 
     Secretary shall conduct a comprehensive examination of 
     interagency cooperation, preparedness of Federal response 
     assets, infrastructure, budget plan, and other elements of 
     the homeland defense program and policies of the United 
     States with a view toward determining and expressing the 
     homeland defense strategy of the United States and 
     establishing a homeland defense program for the 20 years 
     following that examination.
       (4) Reference.--The establishment or review of the national 
     homeland defense strategy under this subsection shall be 
     known as the ``quadrennial homeland defense review''.
       (5) Consultation.--Each quadrennial homeland defense review 
     under this subsection shall be conducted in consultation with 
     the Attorney General of the United States, the Secretary of 
     State, the Secretary of Defense, the Secretary of Health and 
     Human Services, and the Secretary of the Treasury.
       (b) Contents of Review.--Each quadrennial homeland defense 
     review shall--
       (1) delineate a national homeland defense strategy 
     consistent with the most recent National Response Plan 
     prepared under Homeland Security Presidential Directive 5 or 
     any directive meant to replace or augment that directive;
       (2) describe the interagency cooperation, preparedness of 
     Federal response assets, infrastructure, budget plan, and 
     other elements of the homeland defense program and policies 
     of the United States associated with the national homeland 
     defense strategy required to execute successfully the full 
     range of missions called for in the national homeland defense 
     strategy delineated under paragraph (1); and
       (3) identify--
       (A) the budget plan required to provide sufficient 
     resources to successfully execute the full range of missions 
     called for in that national homeland defense strategy at a 
     low-to-moderate level of risk; and
       (B) any additional resources required to achieve such a 
     level of risk.
       (c) Level of Risk.--The assessment of the level of risk for 
     purposes of subsection (b)(3) shall be conducted by the 
     Director of National Intelligence.
       (d) Reporting.--
       (1) In general.--The Secretary shall submit a report 
     regarding each quadrennial homeland defense review to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives. Each such report shall be submitted 
     not later than September 30 of the year in which the review 
     is conducted.
       (2) Contents of report.--Each report submitted under 
     paragraph (1) shall include--
       (A) the results of the quadrennial homeland defense review;
       (B) the threats to the assumed or defined national homeland 
     security interests of the United States that were examined 
     for the purposes of the review and the scenarios developed in 
     the examination of those threats;
       (C) the status of cooperation among Federal agencies in the 
     effort to promote national homeland security;
       (D) the status of cooperation between the Federal 
     Government and State governments in preparing for emergency 
     response to threats to national homeland security; and
       (E) any other matter the Secretary considers appropriate.
       (e) Resource Plan.--
       Not later than 30 days after the date of enactment of this 
     Act, the Secretary shall provide to the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Appropriations and the Committee on Homeland Security of the 
     House of Representatives a detailed resource plan specifying 
     the estimated budget and number of staff members that will be 
     required for preparation of the initial quadrennial homeland 
     defense review.

                                 ______
                                 
  SA 291. Mr. SUNUNU proposed an amendment to amendment SA 275 proposed 
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 
S. 4, to make the United States

[[Page 5197]]

more secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; as follows:

       On page 121, between lines 2 and 3, insert the following:
       ``(k) Rule of Construction.--Nothing in this section shall 
     be construed or interpreted to preclude the use of funds 
     under this section by a State for interim or long-term 
     Internet Protocol-based interoperable solutions, 
     notwithstanding compliance with the Project 25 standard.''.
                                 ______
                                 
  SA 292. Mr. SUNUNU proposed an amendment to amendment SA 275 proposed 
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 
S. 4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       On page 361, between lines 13 and 14, insert the following:
       (c) International Negotiations to Remedy Situation.--Not 
     later than 90 days after the date of enactment of this Act, 
     the Secretary of the Department of State shall report to 
     Congress on--
       (1) the current process for considering applications by 
     Canada for frequencies and channels by United States 
     communities above Line A;
       (2) the status of current negotiations to reform and revise 
     such process;
       (3) the estimated date of conclusion for such negotiations;
       (4) whether the current process allows for automatic 
     denials or dismissals of initial applications by the 
     Government of Canada, and whether such denials or dismissals 
     are currently occurring; and
       (5) communications between the Department of State and the 
     Federal Communications Commission pursuant to subsection 
     (a)(3).
                                 ______
                                 
  SA 293. Mr. GRASSLEY (for himself, Ms. Landrieu, Mr. Isakson, and Mr. 
Akaka) submitted an amendment intended to be proposed by him to the 
bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

       TITLE _--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``The American National Red 
     Cross Governance Modernization Act of 2007''.

     SEC. _02. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Substantive changes to the Congressional Charter of The 
     American National Red Cross have not been made since 1947.
       (2) In February 2006, the board of governors of The 
     American National Red Cross (the ``Board of Governors'') 
     commissioned an independent review and analysis of the Board 
     of Governors' role, composition, size, relationship with 
     management, governance relationship with chartered units of 
     The American National Red Cross, and whistleblower and audit 
     functions.
       (3) In an October 2006 report of the Board of Governors, 
     entitled ``American Red Cross Governance for the 21st 
     Century'' (the ``Governance Report''), the Board of Governors 
     recommended changes to the Congressional Charter, bylaws, and 
     other governing documents of The American National Red Cross 
     to modernize and enhance the effectiveness of the Board of 
     Governors and governance structure of The American National 
     Red Cross.
       (4) It is in the national interest to create a more 
     efficient governance structure of The American National Red 
     Cross and to enhance the Board of Governors' ability to 
     support the critical mission of The American National Red 
     Cross in the 21st century.
       (5) It is in the national interest to clarify the role of 
     the Board of Governors as a governance and strategic 
     oversight board and for The American National Red Cross to 
     amend its bylaws, consistent with the recommendations 
     described in the Governance Report, to clarify the role of 
     the Board of Governors and to outline the areas of its 
     responsibility, including--
       (A) reviewing and approving the mission statement for The 
     American National Red Cross;
       (B) approving and overseeing the corporation's strategic 
     plan and maintaining strategic oversight of operational 
     matters;
       (C) selecting, evaluating, and determining the level of 
     compensation of the corporation's chief executive officer;
       (D) evaluating the performance and establishing the 
     compensation of the senior leadership team and providing for 
     management succession;
       (E) overseeing the financial reporting and audit process, 
     internal controls, and legal compliance;
       (F) holding management accountable for performance;
       (G) providing oversight of the financial stability of the 
     corporation;
       (H) ensuring the inclusiveness and diversity of the 
     corporation;
       (I) providing oversight of the protection of the brand of 
     the corporation; and
       (J) assisting with fundraising on behalf of the 
     corporation.
       (6)(A) The selection of members of the Board of Governors 
     is a critical component of effective governance for The 
     American National Red Cross, and, as such, it is in the 
     national interest that The American National Red Cross amend 
     its bylaws to provide a method of selection consistent with 
     that described in the Governance Report.
       (B) The new method of selection should replace the current 
     process by which--
       (i) 30 chartered unit-elected members of the Board of 
     Governors are selected by a non-Board committee which 
     includes 2 members of the Board of Governors and other 
     individuals elected by the chartered units themselves;
       (ii) 12 at-large members of the Board of Governors are 
     nominated by a Board committee and elected by the Board of 
     Governors; and
       (iii) 8 members of the Board of Governors are appointed by 
     the President of the United States.
       (C) The new method of selection described in the Governance 
     Report reflects the single category of members of the Board 
     of Governors that will result from the implementation of this 
     title:
       (i) All Board members (except for the chairman of the Board 
     of Governors) would be nominated by a single committee of the 
     Board of Governors taking into account the criteria outlined 
     in the Governance Report to assure the expertise, skills, and 
     experience of a governing board.
       (ii) The nominated members would be considered for approval 
     by the full Board of Governors and then submitted to The 
     American National Red Cross annual meeting of delegates for 
     election, in keeping with the standard corporate practice 
     whereby shareholders of a corporation elect members of a 
     board of directors at its annual meeting.
       (7) The United States Supreme Court held The American 
     National Red Cross to be an instrumentality of the United 
     States, and it is in the national interest that the 
     Congressional Charter confirm that status and that any 
     changes to the Congressional Charter do not affect the rights 
     and obligations of The American National Red Cross to carry 
     out its purposes.
       (8) Given the role of The American National Red Cross in 
     carrying out its services, programs, and activities, and 
     meeting its various obligations, the effectiveness of The 
     American National Red Cross will be promoted by the creation 
     of an organizational ombudsman who--
       (A) will be a neutral or impartial dispute resolution 
     practitioner whose major function will be to provide 
     confidential and informal assistance to the many internal and 
     external stakeholders of The American National Red Cross;
       (B) will report to the chief executive officer and the 
     audit committee of the Board of Governors; and
       (C) will have access to anyone and any documents in The 
     American National Red Cross.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) charitable organizations are an indispensable part of 
     American society, but these organizations can only fulfill 
     their important roles by maintaining the trust of the 
     American public;
       (2) trust is fostered by effective governance and 
     transparency, which are the principal goals of the 
     recommendations of the Board of Governors in the Governance 
     Report and this title;
       (3) Federal and State action play an important role in 
     ensuring effective governance and transparency by setting 
     standards, rooting out violations, and informing the public; 
     and
       (4) while The American National Red Cross is and will 
     remain a Federally chartered instrumentality of the United 
     States, and it has the rights and obligations consistent with 
     that status, The American National Red Cross nevertheless 
     should maintain appropriate communications with State 
     regulators of charitable organizations and should cooperate 
     with them as appropriate in specific matters as they arise 
     from time to time.

     SEC. _03. ORGANIZATION.

       Section 300101 of title 36, United States Code, is 
     amended--
       (1) in subsection (a), by inserting ``a Federally chartered 
     instrumentality of the United States and'' before ``a body 
     corporate and politic''; and
       (2) in subsection (b), by inserting at the end the 
     following new sentence: ``The corporation may conduct its 
     business and affairs, and otherwise hold itself out, as the 
     `American Red Cross' in any jurisdiction.''.

[[Page 5198]]



     SEC. _04. PURPOSES.

       Section 300102 of title 36, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following paragraph:
       ``(5) to conduct other activities consistent with the 
     foregoing purposes.''.

     SEC. _05. MEMBERSHIP AND CHAPTERS.

       Section 300103 of title 36, United States Code, is 
     amended--
       (1) in subsection (a), by inserting ``, or as otherwise 
     provided,'' before ``in the bylaws'';
       (2) in subsection (b)(1)--
       (A) by striking ``board of governors'' and inserting 
     ``corporation''; and
       (B) by inserting ``policies and'' before ``regulations 
     related''; and
       (3) in subsection (b)(2)--
       (A) by inserting ``policies and'' before ``regulations 
     shall require''; and
       (B) by striking ``national convention'' and inserting 
     ``annual meeting''.

     SEC. _06. BOARD OF GOVERNORS.

       Section 300104 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300104. Board of governors

       ``(a) Board of Governors.--
       ``(1) In general.--The board of governors is the governing 
     body of the corporation with all powers of governing and 
     directing, and of overseeing the management of the business 
     and affairs of, the corporation.
       ``(2) Number.--The board of governors shall fix by 
     resolution, from time to time, the number of members 
     constituting the entire board of governors, provided that--
       ``(A) as of March 31, 2009, and thereafter, there shall be 
     no fewer than 12 and no more than 25 members; and
       ``(B) as of March 31, 2012, and thereafter, there shall be 
     no fewer than 12 and no more than 20 members constituting the 
     entire board.

     Procedures to implement the preceding sentence shall be 
     provided in the bylaws.
       ``(3) Appointment.--The governors shall be appointed or 
     elected in the following manner:
       ``(A) Chairman.--
       ``(i) In general.--The board of governors, in accordance 
     with procedures provided in the bylaws, shall recommend to 
     the President an individual to serve as chairman of the board 
     of governors. If such recommendation is approved by the 
     President, the President shall appoint such individual to 
     serve as chairman of the board of governors.
       ``(ii) Vacancies.--Vacancies in the office of the chairman, 
     including vacancies resulting from the resignation, death, or 
     removal by the President of the chairman, shall be filled in 
     the same manner described in clause (i).
       ``(iii) Duties.--The chairman shall be a member of the 
     board of governors and, when present, shall preside at 
     meetings of the board of governors and shall have such other 
     duties and responsibilities as may be provided in the bylaws 
     or a resolution of the board of governors.
       ``(B) Other members.--
       ``(i) In general.--Members of the board of governors other 
     than the chairman shall be elected at the annual meeting of 
     the corporation in accordance with such procedures as may be 
     provided in the bylaws.
       ``(ii) Vacancies.--Vacancies in any such elected board 
     position and in any newly created board position may be 
     filled by a vote of the remaining members of the board of 
     governors in accordance with such procedures as may be 
     provided in the bylaws.
       ``(b) Terms of Office.--
       ``(1) In general.--The term of office of each member of the 
     board of governors shall be 3 years, except that--
       ``(A) the board of governors may provide under the bylaws 
     that the terms of office of members of the board of governors 
     elected to the board of governors before March 31, 2012, may 
     be less than 3 years in order to implement the provisions of 
     subparagraphs (A) and (B) of subsection (a)(2); and
       ``(B) any member of the board of governors elected by the 
     board to fill a vacancy in a board position arising before 
     the expiration of its term may, as determined by the board, 
     serve for the remainder of that term or until the next annual 
     meeting of the corporation.
       ``(2) Staggered terms.--The terms of office of members of 
     the board of governors (other than the chairman) shall be 
     staggered such that, by March 31, 2012, and thereafter, \1/3\ 
     of the entire board (or as near to \1/3\ as practicable) 
     shall be elected at each successive annual meeting of the 
     corporation with the term of office of each member of the 
     board of governors elected at an annual meeting expiring at 
     the third annual meeting following the annual meeting at 
     which such member was elected.
       ``(3) Term limits.--No person may serve as a member of the 
     board of governors for more than such number of terms of 
     office or years as may be provided in the bylaws.
       ``(c) Committees and Officers.--The board--
       ``(1) may appoint, from its own members, an executive 
     committee to exercise such powers of the board when the board 
     is not in session as may be provided in the bylaws;
       ``(2) may appoint such other committees or advisory 
     councils with such powers as may be provided in the bylaws or 
     a resolution of the board of governors;
       ``(3) shall appoint such officers of the corporation, 
     including a chief executive officer, with such duties, 
     responsibilities, and terms of office as may be provided in 
     the bylaws or a resolution of the board of governors; and
       ``(4) may remove members of the board of governors (other 
     than the chairman), officers, and employees under such 
     procedures as may be provided in the bylaws or a resolution 
     of the board of governors.
       ``(d) Advisory Council.--
       ``(1) Establishment.--There shall be an advisory council to 
     the board of governors.
       ``(2) Membership; appointment by president.--
       ``(A) In general.--The advisory council shall be composed 
     of no fewer than 8 and no more than 10 members, each of whom 
     shall be appointed by the President from principal officers 
     of the executive departments and senior officers of the Armed 
     Forces whose positions and interests qualify them to 
     contribute to carrying out the programs and purposes of the 
     corporation.
       ``(B) Members from the armed forces.--At least 1, but not 
     more than 3, of the members of the advisory council shall be 
     selected from the Armed Forces.
       ``(3) Duties.--The advisory council shall advise, report 
     directly to, and meet, at least 1 time per year with the 
     board of governors, and shall have such name, functions and 
     be subject to such procedures as may be provided in the 
     bylaws.
       ``(e) Action Without Meeting.--Any action required or 
     permitted to be taken at any meeting of the board of 
     governors or of any committee thereof may be taken without a 
     meeting if all members of the board or committee, as the case 
     may be, consent thereto in writing, or by electronic 
     transmission and the writing or writings or electronic 
     transmission or transmissions are filed with the minutes of 
     proceedings of the board or committee. Such filing shall be 
     in paper form if the minutes are maintained in paper form and 
     shall be in electronic form if the minutes are maintained in 
     electronic form.
       ``(f) Voting by Proxy.--
       ``(1) In general.--Voting by proxy is not allowed at any 
     meeting of the board, at the annual meeting, or at any 
     meeting of a chapter.
       ``(2) Exception.--The board may allow the election of 
     governors by proxy during any emergency.
       ``(g) Bylaws.--
       ``(1) In general.--The board of governors may--
       ``(A) at any time adopt bylaws; and
       ``(B) at any time adopt bylaws to be effective only in an 
     emergency.
       ``(2) Emergency bylaws.--Any bylaws adopted pursuant to 
     paragraph (1)(B) may provide special procedures necessary for 
     managing the corporation during the emergency. All provisions 
     of the regular bylaws consistent with the emergency bylaws 
     remain effective during the emergency.
       ``(h) Definitions.--For purposes of this section--
       ``(1) the term `entire board' means the total number of 
     members of the board of governors that the corporation would 
     have if there were no vacancies; and
       ``(2) the term `emergency' shall have such meaning as may 
     be provided in the bylaws.''.

     SEC. _07. POWERS.

       Paragraph (a)(1) of section 300105 of title 36, United 
     States Code, is amended by striking ``bylaws'' and inserting 
     ``policies''.

     SEC. _08. ANNUAL MEETING.

       Section 300107 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300107. Annual meeting

       ``(a) In General.--The annual meeting of the corporation is 
     the annual meeting of delegates of the chapters.
       ``(b) Time of Meeting.--The annual meeting shall be held as 
     determined by the board of governors.
       ``(c) Place of Meeting.--The board of governors is 
     authorized to determine that the annual meeting shall not be 
     held at any place, but may instead be held solely by means of 
     remote communication subject to such procedures as are 
     provided in the bylaws.
       ``(d) Voting.--
       ``(1) In general.--In matters requiring a vote at the 
     annual meeting, each chapter is entitled to at least 1 vote, 
     and voting on all matters may be conducted by mail, 
     telephone, telegram, cablegram, electronic mail, or any other 
     means of electronic or telephone transmission, provided that 
     the person voting shall state, or submit information from 
     which it can be determined, that the method of voting chosen 
     was authorized by such person.
       ``(2) Establishment of number of votes.--
       ``(A) In general.--The board of governors shall determine 
     on an equitable basis the number of votes that each chapter 
     is entitled to cast, taking into consideration the size of 
     the membership of the chapters, the populations served by the 
     chapters, and such other factors as may be determined by the 
     board.
       ``(B) Periodic review.--The board of governors shall review 
     the allocation of votes at least every 5 years.''.

[[Page 5199]]



     SEC. _09. ENDOWMENT FUND.

       Section 300109 of title 36, United States Code is amended--
       (1) by striking ``nine'' from the first sentence thereof; 
     and
       (2) by striking the second sentence and inserting the 
     following: ``The corporation shall prescribe policies and 
     regulations on terms and tenure of office, accountability, 
     and expenses of the board of trustees.''.

     SEC. _10. ANNUAL REPORT AND AUDIT.

       Subsection (a) of section 300110 of title 36, United States 
     Code, is amended to read as follows:
       ``(a) Submission of Report.--As soon as practicable after 
     the end of the corporation's fiscal year, which may be 
     changed from time to time by the board of governors, the 
     corporation shall submit a report to the Secretary of Defense 
     on the activities of the corporation during such fiscal year, 
     including a complete, itemized report of all receipts and 
     expenditures.''.

     SEC. _11. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE 
                   OF THE OMBUDSMAN.

       (a) In General.--Chapter 3001 of title 36, United States 
     Code, is amended by redesignating section 300111 as section 
     300113 and by inserting after section 300110 the following 
     new sections:

     ``Sec. 300111. Authority of the Comptroller General of the 
       United States

       ``The Comptroller General of the United States is 
     authorized to review the corporation's involvement in any 
     Federal program or activity the Government carries out under 
     law.

     ``Sec. 300112. Office of the Ombudsman

       ``(a) Establishment.--The corporation shall establish an 
     Office of the Ombudsman with such duties and responsibilities 
     as may be provided in the bylaws or a resolution of the board 
     of governors.
       ``(b) Report.--The Office of the Ombudsman shall submit a 
     report annually to Congress concerning any trends and 
     systemic matters that the Office of the Ombudsman has 
     identified as confronting the corporation.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     3001 of title 36, United States Code, is amended by striking 
     the item relating to section 300111 and inserting the 
     following:

``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.
                                 ______
                                 
  SA 294. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       After title XV, add the following:

         TITLE XVI--TERMINATION OF FORCE AND EFFECT OF THE ACT

     SEC. 1601. TERMINATION OF FORCE AND EFFECT OF THE ACT.

       The provisions of this Act (including the amendments made 
     by this Act) shall cease to have any force or effect on and 
     after December 31, 2012.
                                 ______
                                 
  SA 295. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XV, add the following:

     SEC. ____. FEDERAL SHARE FOR ASSISTANCE RELATING TO HURRICANE 
                   KATRINA OF 2005 OR HURRICANE RITA OF 2005.

       (a) In General.--Notwithstanding any other provision of 
     law, the Federal share of any assistance provided under 
     section 406 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5172) because of 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005 shall be 
     100 percent.
       (b) Effective Date.--This section shall apply to any 
     assistance provided under section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) on or after August 28, 2005.
                                 ______
                                 
  SA 296. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. ____. CANCELLATION OF LOANS.

       (a) In General.--Section 2(a) of the Community Disaster 
     Loan Act of 2005 (Public Law 109-88; 119 Stat. 2061) is 
     amended by striking ``Provided further, That notwithstanding 
     section 417(c)(1) of the Stafford Act, such loans may not be 
     canceled:''.
       (b) Disaster Assistance Direct Loan Program Account.--
     Chapter 4 of title II of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471) 
     is amended under the heading ``disaster assistance direct 
     loan program account'' under the heading ``Federal Emergency 
     Management Agency'' under the heading ``DEPARTMENT OF 
     HOMELAND SECURITY'', by striking ``Provided further, That 
     notwithstanding section 417(c)(1) of such Act, such loans may 
     not be canceled:''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective on the date of enactment of the Community 
     Disaster Loan Act of 2005 (Public Law 109-88; 119 Stat. 
     2061).
                                 ______
                                 
  SA 297. Mr. KERRY (for himself, Mr. Lautenberg, and Ms. Snowe) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. TSA ACQUISITION MANAGEMENT POLICY.

       (a) In General.--Section 114 of title 49, United States 
     Code, is amended by striking subsection (o) and redesignating 
     subsections (p) through (t) as subsections (o) through (s), 
     respectively.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 298. Mr. SCHUMER (for himself, Mr. Menendez, Mrs. Clinton, Mr. 
Kennedy, Mr. Lautenberg, and Mr. Biden) proposed to amendment to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes:

       On page 377 insert after line 22, and renumber accordingly:

        TITLE XV--STRENGTHENING THE SECURITY OF CARGO CONTAINERS

     SEC. ___. DEADLINE FOR SCANNING ALL CARGO CONTAINERS.

       (a) In General.--The SAFE Port Act (Public Law 109-347) is 
     amended by inserting after section 232 the following:

     ``SEC. 232A. SCANNING ALL CARGO CONTAINERS.

       ``(a) Requirements Relating To Entry of Containers.--
       ``(1) In general.--A container may enter the United States, 
     either directly or via a foreign port, only if--
       ``(A) the container is scanned with equipment that meets 
     the standards established pursuant to sec. 121(f) and a copy 
     of the scan is provided to the Secretary; and
       ``(B) the container is secured with a seal that meets the 
     standards established pursuant to sec. 204, before the 
     container is loaded on a vessel for shipment to the United 
     States.
       ``(2) Standards for scanning equipment and seals.--
       ``(A) Scanning equipment.--The Secretary shall establish 
     standards for scanning equipment required to be used under 
     paragraph (1)(A) to ensure that such equipment uses the best-
     available technology, including technology to scan a 
     container for radiation and density and, if appropriate, for 
     atomic elements.
       ``(B) Seals.--The Secretary shall establish standards for 
     seals required to be used under paragraph (1)(B) to ensure 
     that such seals use the best-available technology, including 
     technology to detect any breach into a container and identify 
     the time of such breach.
       ``(C) Review and revision.--The Secretary shall--
       ``(i) review and, if necessary, revise the standards 
     established pursuant to subparagraphs (A) and (B) not less 
     than once every 2 years; and
       ``(ii) ensure that any such revised standards require the 
     use of technology, as soon as such technology becomes 
     available--

       ``(I) to identify the place of a breach into a container;

[[Page 5200]]

       ``(II) to notify the Secretary of such breach before the 
     container enters the Exclusive Economic Zone of the United 
     States; and
       ``(III) to track the time and location of the container 
     during transit to the United States, including by truck, 
     rail, or vessel.

       ``(D) Definition.--In subparagraph (C), the term `Exclusive 
     Economic Zone of the United States' has the meaning provided 
     such term in section 107 of title 46, United States Code.
       ``(b) Regulations; Application.--
       ``(1) Regulations.--
       ``(A) Interim final rule.--Consistent with the results of 
     and lessons derived from the pilot system implemented under 
     section 231, the Secretary of Homeland Security shall issue 
     an interim final rule as a temporary regulation to implement 
     subsection (a) of this section, not later than 180 days after 
     the date of the submission of the report under section 231, 
     without regard to the provisions of chapter 5 of title 5, 
     United States Code.
       ``(B) Final rule.--The Secretary shall issue a final rule 
     as a permanent regulation to implement subsection (a) not 
     later than 1 year after the date of the submission of the 
     report under section 231, in accordance with the provisions 
     of chapter 5 of title 5, United States Code. The final rule 
     issued pursuant to that rulemaking may supersede the interim 
     final rule issued pursuant to subparagraph (A).
       ``(2) Phased-in application.--
       ``(A) In general.--The requirements of subsection (a) apply 
     with respect to any container entering the United States, 
     either directly or via a foreign port, beginning on--
       ``(i) the end of the 3-year period beginning on the date of 
     the enactment of the Improving America's Security Act of 
     2007, in the case of a container loaded on a vessel destined 
     for the United States in a country in which more than 75,000 
     twenty-foot equivalent units of containers were loaded on 
     vessels for shipping to the United States in 2005; and
       ``(ii) the end of the 5-year period beginning on the date 
     of the enactment of the Improving America's Security Act of 
     2007, in the case of a container loaded on a vessel destined 
     for the United States in any other country.
       ``(B) Extension.--The Secretary may extend by up to 1 year 
     the period under clause (i) or (ii) of subparagraph (A) for 
     containers loaded in a port, if the Secretary--
       ``(i) finds that the scanning equipment required under 
     subsection (a) is not available for purchase and installation 
     in the port; and
       ``(ii) at least 60 days prior to issuing such extension, 
     transmits such finding to the appropriate congressional 
     committees.
       ``(c) International Cargo Security Standards.--The 
     Secretary, in consultation with the Secretary of State, is 
     encouraged to promote and establish international standards 
     for the security of containers moving through the 
     international supply chain with foreign governments and 
     international organizations, including the International 
     Maritime Organization and the World Customs Organization.
       ``(d) International Trade and Other Obligations.--In 
     carrying out subsection (a), the Secretary shall consult with 
     appropriate Federal departments and agencies and private 
     sector stakeholders to ensure that actions under such section 
     do not violate international trade obligations or other 
     international obligations of the United States.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, such 
     sums as may be necessary for each of the fiscal years 2008 
     through 2013.''.
       (b) Conforming Amendment.--The table of contents for the 
     SAFE Port Act (Public Law 109-347) is amended by inserting 
     after the item related to section 232 the following:

``Sec. 232A. Deadline for scanning all cargo containers.''.
                                 ______
                                 
  SA 299. Mr. STEVENS (for himself, Mrs. Clinton, Mr. Inouye, Mrs. 
Hutchison, Mr. Smith, and Ms. Snowe) submitted an amendment intended to 
be proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr. 
Lieberman, and Ms. Collins) to the bill S. 4, to make the United States 
more secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment, insert the following:

                      TITLE XIV--911 MODERNIZATION

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``911 Modernization Act''.

     SEC. 1402. FUNDING FOR PROGRAM.

       Section 3011 of Public Law 109-171 (47 U.S.C. 309 note) is 
     amended--
       (1) by striking ``The'' and inserting:
       ``(a) In General.--The''; and
       (2) by adding at the end the following:
       ``(b) Credit.--The Assistant Secretary may borrow from the 
     Treasury, upon enactment of this provision, such sums as 
     necessary, but not to exceed $43,500,000 to implement this 
     section. The Assistant Secretary shall reimburse the 
     Treasury, without interest, as funds are deposited into the 
     Digital Television Transition and Public Safety Fund.''.

     SEC. 1403. NTIA COORDINATION OF E-911 IMPLEMENTATION.

       Section 158(b)(4) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     942(b)(4)) is amended by adding at the end thereof the 
     following: ``Within 180 days after the date of enactment of 
     the 911 Modernization Act, the Assistant Secretary and the 
     Administrator shall jointly issue regulations updating the 
     criteria to provide priority for public safety answering 
     points not capable, as of the date of enactment of that Act, 
     of receiving 911 calls.''.

                                 ______
                                 
  SA 300. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by striking 
     ``There shall be no means of judicial review'' and all that 
     follows and inserting the following: ``Notwithstanding any 
     other provision of law, including section 2241 of title 28, 
     United States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a revocation under this 
     subsection may not be reviewed by any court, and no court 
     shall have jurisdiction to hear any claim arising from, or 
     any challenge to, such a revocation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visas issued before, on, or after such 
     date.

                                 ______
                                 
  SA 301. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 106, between the matter preceding line 7 and line 
     7, insert the following:

     SEC. 204. COMPLIANCE WITH THE IMPROPER PAYMENTS INFORMATION 
                   ACT OF 2002.

       (a) Definitions.--In this section, the term--
       (1) ``appropriate committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (2) ``improper payment'' has the meaning given that term 
     under section 2(d)(2) of the Improper Payments Information 
     Act of 2002 (31 U.S.C. 3321 note).
       (b) Requirement for Compliance Certification and Report.--A 
     grant recipient of funds received under any grant program 
     administered by the Department may not expend such funds, 
     until the Secretary submits a report to the appropriate 
     committees that--
       (1) contains a certification that the Department has for 
     each program and activity of the Department--
       (A) performed and completed a risk assessment to determine 
     programs and activities that are at significant risk of 
     making improper payments; and
       (B) estimated the total number of improper payments for 
     each program and activity determined to be at significant 
     risk of making improper payments; and
       (2) describes the actions to be taken to reduce improper 
     payments for the programs and activities determined to be at 
     significant risk of making improper payments.
                                 ______
                                 
  SA 302. Mr. LAUTENBERG submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

[[Page 5201]]



     SEC. ------. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

       The Assistant Secretary of Homeland Security 
     (Transportation Security Administration), shall establish a 
     pilot program at a small hub airport, a medium hub airport, 
     and a large hub airport (as those terms are defined in 
     paragraphs (42), (31), and (29), respectively, of section 
     40102 of title 49, United States Code) for training students 
     to perform screening of passengers and property under section 
     44901 of title 49, United States Code. The program shall be 
     an internship for pre-employment training of final-year 
     students from public and private secondary schools located in 
     nearby communities. Under the program, participants shall 
     be--
       (1) compensated for training and services time while 
     participating in the program: and
       (2) required to agree, as a condition of participation in 
     the program, to accept employment as a screener upon 
     successful completion of the internship and upon graduation 
     from the secondary school.
                                 ______
                                 
  SA 303. Mr. KENNEDY (for himself, Mr. Coleman, and Mr. Kyl) submitted 
an amendment intended to be proposed to amendment SA 275 proposed by 
Mr. Reid (for himself, Mr. Lieberman, and Ms. collins) to the bill S. 
4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. 15__. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

       (a) Hoax Statute.--Section 1038 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), after ``title 49,'' insert ``or any 
     other offense listed under section 2332b(g)(5)(B) of this 
     title,''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``5 years'' and 
     inserting ``10 years''; and
       (ii) in subparagraph (B), by striking ``20 years'' and 
     inserting ``25 years''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Civil Action.--
       ``(1) In general.--Whoever engages in any conduct with 
     intent to convey false or misleading information under 
     circumstances where such information may reasonably be 
     believed and where such information indicates that an 
     activity has taken, is taking, or will take place that would 
     constitute an offense listed under subsection (a)(1) is 
     liable in a civil action to any party incurring expenses 
     incident to any emergency or investigative response to that 
     conduct, for those expenses.
       ``(2) Effect of conduct.--
       ``(A) In general.--A person described in subparagraph (B) 
     is liable in a civil action to any party described in 
     subparagraph (B)(ii) for any expenses that are incurred by 
     that party--
       ``(i) incident to any emergency or investigative response 
     to any conduct described in subparagraph (B)(i); and
       ``(ii) after the person that engaged in that conduct should 
     have informed that party of the actual nature of the 
     activity.
       ``(B) Applicability.--A person described in this 
     subparagraph is any person that--
       ``(i) engages in any conduct that has the effect of 
     conveying false or misleading information under circumstances 
     where such information may reasonably be believed and where 
     such information indicates that an activity has taken, is 
     taking, or will take place that would constitute an offense 
     listed under subsection (a)(1);
       ``(ii) receives notice that another party believes that the 
     information indicates that such an activity has taken, is 
     taking, or will take place; and
       ``(iii) after receiving such notice, fails to promptly and 
     reasonably inform any party described in subparagraph (B) of 
     the actual nature of the activity.''.
       (b) Threatening Communications.--
       (1) Mailed within the united states.--Section 876 of title 
     18, United States Code, is amended by adding at the end 
     thereof the following new subsection:
       ``(e) For purposes of this section, the term `addressed to 
     any other person' includes an individual (other than the 
     sender), a corporation or other legal person, and a 
     government or agency or component thereof.''.
       (2) Mailed to a foreign country.--Section 877 of title 18, 
     United States Code, is amended by adding at the end thereof 
     the following new paragraph:
       ``For purposes of this section, the term `addressed to any 
     person' includes an individual, a corporation or other legal 
     person, and a government or agency or component thereof.''.
                                 ______
                                 
  SA 304. Mr. SESSIONS (for himself, Mr. Inhofe, Mr. Craig, Mr. Coburn, 
and Mr. Isakson) submitted an amendment intended to be proposed to 
amendment SA 281 submitted by Mr. Bingaman (for himself and Mr. 
Domenici) to the amendment SA 275 proposed by Mr. Reid (for himself, 
Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the United 
States more secure by implementing unfinished recommendations of the 9/
11 Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 8, strike lines 8 through 13 and insert the 
     following:

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

       (a) Authority.--Notwithstanding any other provision of law, 
     law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including the transportation 
     across State lines to detention centers) an alien for the 
     purpose of assisting in the enforcement of the immigration 
     laws of the United States in the normal course of carrying 
     out the law enforcement duties of such personnel. This State 
     authority has never been displaced or preempted by a Federal 
     law.
       (b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

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

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Except as provided in paragraph (3), not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall provide to the 
     head of the National Crime Information Center of the 
     Department of Justice the information that the Secretary has 
     or maintains related to any alien--
       (A) against whom a final order of removal has been issued;
       (B) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(2) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (C) whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States; or
       (D) whose visa has been revoked.
       (2) Removal of information.--The head of the National Crime 
     Information Center should promptly remove any information 
     provided by the Secretary under paragraph (1) related to an 
     alien who is granted lawful authority to enter or remain 
     legally in the United States.
       (3) Procedure for removal of erroneous information.--The 
     Secretary, in consultation with the head of the National 
     Crime Information Center of the Department of Justice, shall 
     develop and implement a procedure by which an alien may 
     petition the Secretary or head of the National Crime 
     Information Center, as appropriate, to remove any erroneous 
     information provided by the Secretary under paragraph (1) 
     related to such alien. Under such procedures, failure by the 
     alien to receive notice of a violation of the immigration 
     laws shall not constitute cause for removing information 
     provided by the Secretary under paragraph (1) related to such 
     alien, unless such information is erroneous. Notwithstanding 
     the 180-day time period set forth in paragraph (1), the 
     Secretary shall not provide the information required under 
     paragraph (1) until the procedures required by this paragraph 
     are developed and implemented.
       (b) Inclusion of Information in the National Crime 
     Information Center Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
                                 ______
                                 
  SA 305. Mr. SESSIONS (for himself, Mr. Inhofe, Mr. Craig, Mr. Coburn, 
and Mr. Isakson) submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 5202]]



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

       (a) Authority.--Notwithstanding any other provision of law, 
     law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, or detain 
     an alien for the purpose of assisting in the enforcement of 
     the immigration laws of the United States in the normal 
     course of carrying out the law enforcement duties of such 
     personnel. This State authority has never been displaced or 
     preempted by a Federal law.
       (b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

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

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

                                 ______
                                 
  SA 306. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 361, after line 20, add the following:

             Subtitle D--Transport of High Hazard Materials

     SEC. 1391. REGULATIONS FOR TRANSPORT OF HIGH HAZARD 
                   MATERIALS.

       (a) Definition of High Threat Corridor.--In this section, 
     the term ``high threat corridor'' means a geographic area 
     that has been designated by the Secretary as particularly 
     vulnerable to damage from the release of high hazard 
     materials, including--
       (1) areas important to national security;
       (2) areas that terrorists may be particularly likely to 
     attack; or
       (3) any other area designated by the Secretary as 
     vulnerable to damage from the shipment or storage of high 
     hazard materials.
       (b) Purposes of Regulations.--The regulations issued under 
     this section shall establish a national, risk-based policy 
     for high hazard materials being transported or stored. To the 
     extent the Secretary determines appropriate, the regulations 
     issued under this section shall be consistent with other 
     Federal, State, and local regulations and international 
     agreements relating to shipping or storing high hazard 
     materials.
       (c) Issuance of Regulations.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary shall issue 
     regulations, after notice and opportunity for public comment, 
     concerning the shipment and storage of high hazard materials. 
     To the extent the Secretary determines appropriate, the 
     regulations issued under this section shall be consistent 
     with other Federal, State, and local regulations related to 
     shipping and storing high hazard materials.
       (d) Requirements.--The regulations issued under this 
     section shall--
       (1) except as provided in subsection (e), provide that any 
     rail shipment containing high hazard materials be rerouted 
     around any high threat corridor;
       (2) establish protocols for owners and operators of 
     railroads that ship high hazard materials regarding notifying 
     all governors, mayors, and other designated officials and 
     local emergency response providers in a high threat corridor 
     of the quantity and type of high hazard materials that are 
     transported by rail through the high threat corridor;
       (3) establish protocols for the coordination of Federal, 
     State, and local law enforcement authorities in creating a 
     plan to respond to a terrorist attack, sabotage, or accident 
     involving a shipments of high hazard materials that causes 
     the release of such materials; and
       (4) establish standards for the Secretary to grant 
     exceptions to the rerouting requirement under paragraph (1).
       (e) Transportation and Storage of High Hazard Materials 
     Through High Threat Corridor.--
       (1) In general.--The standards for the Secretary to grant 
     exceptions under subsection (d)(4) shall require a special 
     finding by the Secretary that--
       (A) the shipment originates or the point of destination is 
     in the high threat corridor;
       (B) there is no practicable alternative route;
       (C) there is an unanticipated, temporary emergency that 
     threatens the lives of persons or property in the high threat 
     corridor;
       (D) there would be no harm to persons or property beyond 
     the owners or operator of the railroad in the event of a 
     successful terrorist attack on the shipment; or
       (E) rerouting would increase the likelihood of a terrorist 
     attack on the shipment.
       (2) Practical alternate routes.--Whether a shipper must use 
     an interchange agreement or otherwise use a system of tracks 
     or facilities owned by another operator shall not be 
     considered by the Secretary in determining whether there is a 
     practical alternate route under paragraph (1).
       (3) Grant of exception.--If the Secretary grants an 
     exception under subsection (d)(4)--
       (A) the high hazard material may not be stored in the high 
     threat corridor, including under a leased track or rail 
     siding agreement; and
       (B) the Secretary shall notify Federal, State, and local 
     law enforcement and first responder agencies (including, if 
     applicable, transit, railroad, or port authority agencies) 
     within the high threat corridor.

                                 ______
                                 
  SA 307. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 305, strike lines 8 through 15 and insert the 
     following:
       (v) technology that allows the installation by a motor 
     carrier of concealed electronic devices on commercial motor 
     vehicles that can be activated by law enforcement authorities 
     and alert emergency response resources to locate and recover 
     high hazard materials in the event of loss or theft of such 
     materials and consider the addition of this type of 
     technology to the required communications technology 
     attributes under paragraph (1).
                                 ______
                                 
  SA 308. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROLIFERATION SECURITY INITIATIVE.

       (a) Sense of Congress.--It is the sense of Congress, 
     consistent with the 9/11 Commission's recommendations, that 
     the President

[[Page 5203]]

     should strive to expand and strengthen the Proliferation 
     Security Initiative (PSI) announced by the President on May 
     31, 2003, with a particular emphasis on the following 
     principles:
       (1) The responsibility for ensuring the national security 
     of the United States rests exclusively with the Government of 
     the United States and should not be delegated in whole or in 
     part to any international organization, agency, or tribunal 
     or to the government of any other country.
       (2) The freedom of the Government of the United States to 
     act as it deems appropriate to ensure the security of the 
     American people should not be limited by, or made dependent 
     upon, the action or inaction of any international 
     organization, agency, or tribunal or by the government of any 
     other country.
       (3) The Constitution of the United States is the supreme 
     law of the land and cannot be subordinated to, or superseded 
     by, the decisions, rulings, or other acts of any 
     international organization, agency, or tribunal or by the 
     government of any other country.
       (4) In carrying out its responsibility for ensuring the 
     national security of the United States, the Government of the 
     United States has sought and should continue to seek the 
     cooperation and support of international organizations, 
     agencies, and tribunals, including the United Nations and its 
     affiliated organizations and agencies, as well as the 
     governments of other countries, but no decision or act taken 
     by the Government of the United States regarding its 
     responsibility to provide for the common defense, promote the 
     general welfare, and secure the liberty of the American 
     people should be deemed to require authorization, permission, 
     or approval by any international organization, agency, or 
     tribunal or by the government of any other country.
       (5) The United Nations Security Council should not be asked 
     to authorize the PSI under international law, and in order 
     for the United Nations to be helpful in combating terrorism 
     and proliferation, it should first--
       (A) establish a comprehensive definition of terrorism that 
     condemns all acts by individuals, resistance movements or 
     other irregular military groups, or nations intended to cause 
     death or serious injury to civilians or non-combatants with 
     the purpose of intimidating a population or compelling a 
     government to do or abstain from doing any act;
       (B) fulfill the September 2005 commitment of the Summit of 
     World Leaders to establish a comprehensive convention against 
     terrorism;
       (C) have the United Nations Counter-Terrorism Committee 
     establish a list of individuals, organizations, and states 
     that commit terrorist acts or support terrorist groups and 
     activities;
       (D) prohibit states under sanction for human rights abuses 
     or terrorism by the United Nations Security Council from 
     running for seats on or chairing any United Nations body, 
     such as the Human Rights Council or the United Nations 
     Disarmament Commission;
       (E) prohibit member states in violation of Chapter 7 of the 
     United Nations Charter and seen as a threat to international 
     security and peace from sitting as non-permanent members of 
     the United Nations Security Council; and
       (F) prohibit giving United Nations credentials to 
     nongovernmental organizations that promote or condone 
     terrorism or terrorist groups.
       (6) Formalizing the PSI into a multilateral regime would 
     severely hamper PSI's flexibility and ability to adapt to 
     changing conditions.
       (b) Strengthening the Proliferation Security Initiative.--
     The President is not authorized to--
       (1) seek to subject the Proliferation Security Initiative 
     to any authority, oversight, or resolution of the United 
     Nations Security Council, international law, an international 
     organization, agency, or tribunal, or the government of any 
     country not participating in the Proliferation Security 
     Initiative; or
       (2) formalize the Proliferation Security Initiative into a 
     multilateral regime.

                                 ______
                                 
  SA 309. Mr. GRASSLEY (for himself, Mr. Graham, Mr. Kyl, and Mr. 
Cornyn) submitted an amendment intended to be proposed to amendment SA 
275 proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) 
to the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 389, after line 13, insert the following:

          TITLE XVI--MONEY LAUNDERING AND TERRORIST FINANCING

     SEC. 1601. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Combating Money Laundering and Terrorist Financing Act of 
     2007''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

          TITLE XVI--MONEY LAUNDERING AND TERRORIST FINANCING

Sec. 1601. Short title; table of contents.

                      Subtitle A--Money Laundering

Sec. 1610. Specified unlawful activity.
Sec. 1611. Making the domestic money laundering statute apply to 
              ``reverse money laundering'' and interstate 
              transportation.
Sec. 1612. Procedure for issuing subpoenas in money laundering cases.
Sec. 1613. Transportation or transhipment of blank checks in bearer 
              form.
Sec. 1614. Bulk cash smuggling.
Sec. 1615. Violations involving commingled funds and structured 
              transactions.
Sec. 1616. Charging money laundering as a course of conduct.
Sec. 1617. Illegal money transmitting businesses.
Sec. 1618. Knowledge that the property is the proceeds of a specific 
              felony.
Sec. 1619. Extraterritorial jurisdiction.
Sec. 1620. Conduct in aid of counterfeiting.
Sec. 1621. Use of proceeds derived from criminal investigations.

                    Subtitle B--Technical Amendments

Sec. 1631. Technical amendments to sections 1956 and 1957 of title 18.

                      Subtitle A--Money Laundering

     SEC. 1610. SPECIFIED UNLAWFUL ACTIVITY.

       Section 1956(c)(7) of title 18, United States Code, is 
     amended to read as follows:
       ``(7) the term `specified unlawful activity' means--
       ``(A) any act or activity constituting an offense in 
     violation of the laws of the United States or any State 
     punishable by imprisonment for a term exceeding 1 year; and
       ``(B) any act or activity occurring outside of the United 
     States that would constitute an offense covered under 
     subparagraph (A) if the act or activity had occurred within 
     the jurisdiction of the United States or any State;''.

     SEC. 1611. MAKING THE DOMESTIC MONEY LAUNDERING STATUTE APPLY 
                   TO ``REVERSE MONEY LAUNDERING'' AND INTERSTATE 
                   TRANSPORTATION.

       (a) In General.--Section 1957 of title 18, United States 
     Code, is amended--
       (1) in the heading, by inserting ``or in support of 
     criminal activity'' after ``specified unlawful activity'';
       (2) in subsection (a), by striking ``Whoever'' and 
     inserting the following:
       ``(1) Whoever''; and
       (3) by adding at the end the following:
       ``(2) Whoever--
       ``(A) in any of the circumstances set forth in subsection 
     (d)--
       ``(i) conducts or attempts to conduct a monetary 
     transaction involving property of a value that is greater 
     than $10,000; or
       ``(ii) transports, attempts to transport, or conspires to 
     transport property of a value that is greater than $10,000;
       ``(B) in or affecting interstate commerce; and
       ``(C) either--
       ``(i) knowing that the property was derived from some form 
     of unlawful activity; or
       ``(ii) with the intent to promote the carrying on of 
     specified unlawful activity;

     shall be fined under this title, imprisoned for a term of 
     years not to exceed the statutory maximum for the unlawful 
     activity from which the property was derived or the unlawful 
     activity being promoted, or both.''.
       (b) Chapter Analysis.--The item relating to section 1957 in 
     the table of sections for chapter 95 of title 18, United 
     States Code, is amended to read as follows:

``1957. Engaging in monetary transactions in property derived from 
              specified unlawful activity or in support of criminal 
              activity.''.

     SEC. 1612. PROCEDURE FOR ISSUING SUBPOENAS IN MONEY 
                   LAUNDERING CASES.

       (a) In General.--Section 986 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(e) Procedure for Issuing Subpoenas.--The Attorney 
     General, the Secretary of the Treasury, or the Secretary of 
     Homeland Security may issue a subpoena in any investigation 
     of a violation of sections 1956, 1957 or 1960, or sections 
     5316, 5324, 5331 or 5332 of title 31, United States Code, in 
     the manner set forth under section 3486.''.
       (b) Grand Jury and Trial Subpoenas.--Section 
     5318(k)(3)(A)(i) of title 31, United States Code, is 
     amended--
       (1) by striking ``related to such correspondent account'';
       (2) by striking ``or the Attorney General'' and inserting 
     ``, the Attorney General, or the Secretary of Homeland 
     Security''; and
       (3) by adding at the end the following:
       ``(iii) Grand jury or trial subpoena.--In addition to a 
     subpoena issued by the Attorney General, Secretary of the 
     Treasury, or the Secretary of Homeland Security under clause 
     (i), a subpoena under clause (i) includes a grand jury or 
     trial subpoena requested by the Government.''.
       (c) Fair Credit Reporting Act Amendment.--Section 604(a)(1) 
     of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is 
     amended--
       (1) by striking ``or''; and
       (2) by inserting before the period the following: ``, or an 
     investigative subpoena

[[Page 5204]]

     issued under section 5318 of title 31, United States Code''.
       (d) Obstruction of Justice.--Section 1510(b) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2)(A), by inserting ``or an investigative 
     subpoena issued under section 5318 of title 31, United States 
     Code'' after ``grand jury subpoena''; and
       (2) in paragraph (3)(B), by inserting ``, an investigative 
     subpoena issued under section 5318 of title 31, United States 
     Code,'' after ``grand jury subpoena''.
       (e) Right to Financial Privacy Act.--Section 1120 of the 
     Right to Financial Privacy Act of 1978 (12 U.S.C. 3420) is 
     amended--
       (1) in subsection (a)(1), by inserting ``or to the 
     Government'' after ``to the grand jury''; and
       (2) in subsection (b)(1), by inserting ``, or an 
     investigative subpoena issued pursuant to section 5318 of 
     title 31, United States Code,'' after ``grand jury 
     subpoena''.

     SEC. 1613. TRANSPORTATION OR TRANSHIPMENT OF BLANK CHECKS IN 
                   BEARER FORM.

       Section 5316 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(e) Monetary Instruments With Amount Left Blank.--For 
     purposes of this section, a monetary instrument in bearer 
     form that has the amount left blank, such that the amount 
     could be filled in by the bearer, shall be considered to have 
     a value equal to the highest value of the funds in the 
     account on which the monetary instrument is drawn during the 
     time period the monetary instrument was being transported or 
     the time period it was negotiated or was intended to be 
     negotiated.''.

     SEC. 1614. BULK CASH SMUGGLING.

       Section 5332 of title 31, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``5 years'' and 
     inserting ``10 years''; and
       (2) by adding the end the following:
       ``(d) Investigative Authority.--Violations of this section 
     may be investigated by the Attorney General, the Secretary of 
     the Treasury, the Secretary of Homeland Security, and the 
     Postal Service.''.

     SEC. 1615. VIOLATIONS INVOLVING COMMINGLED FUNDS AND 
                   STRUCTURED TRANSACTIONS.

       Section 1957(f) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2) by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(4) the term `monetary transaction in criminally derived 
     property that is of a value greater than $10,000' includes--
       ``(A) a monetary transaction involving the transfer, 
     withdrawal, encumbrance or other disposition of more than 
     $10,000 from a bank account in which more than $10,000 in 
     proceeds of specified unlawful activity have been commingled 
     with other funds;
       ``(B) a series of monetary transactions in amounts under 
     $10,000 that exceed $10,000 in the aggregate and that are 
     closely related to each other in terms of such factors as 
     time, the identity of the parties involved, the nature and 
     purpose of the transactions, and the manner in which they are 
     conducted; and
       ``(C) any financial transaction covered under section 
     1956(j) that involves more than $10,000 in proceeds of 
     specified unlawful activity; and
       ``(5) the term `monetary transaction involving property of 
     a value that is greater than $10,000' includes a series of 
     monetary transactions in amounts under $10,000 that exceed 
     $10,000 in the aggregate and that are closely related to each 
     other in terms of such factors as time, the identity of the 
     parties involved, the nature and purpose of the transactions, 
     and the manner in which they are conducted.''.

     SEC. 1616. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

       (a) In General.--Section 1956 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(j) Multiple Violations.--Multiple violations of this 
     section that are part of the same scheme or continuing course 
     of conduct may be charged, at the election of the Government, 
     in a single count in an indictment or information.''.
       (b) Conspiracies.--Section 1956(h) of title 18, United 
     States Code, is amended by striking ``or section 1957'' and 
     inserting ``, section 1957, or section 1960''.

     SEC. 1617. ILLEGAL MONEY TRANSMITTING BUSINESSES.

       (a) Technical Amendments.--
       (1) In general.--Section 1960 of title 18, United States 
     Code, is amended--
       (A) in the heading by striking ``unlicensed'' and inserting 
     ``illegal'';
       (B) in subsection (a), by striking ``unlicensed'' and 
     inserting ``illegal''; and
       (C) in subsection (b)(1), by striking ``unlicensed'' and 
     inserting ``illegal''.
       (2) Chapter analysis.--The item relating to section 1960 in 
     the table of sections for chapter 95 of title 18, United 
     States Code, is amended to read as follows:

``1960. Prohibition of illegal money transmitting businesses.''.
       (b) Definition of Business To Include Informal Value 
     Transfer Systems and Money Brokers for Drug Cartels.--Section 
     1960(b) of title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) the term `business' includes any person or 
     association of persons, formal or informal, licensed or 
     unlicenced, that provides money transmitting services on 
     behalf of any third party in return for remuneration or other 
     consideration.''.
       (c) Prohibition of Unlicensed Money Transmitting 
     Businesses.--Section 1960(b)(1)(B) of title 18, United States 
     Code, is amended by inserting the following before the 
     semicolon: ``, whether or not the defendant knew that the 
     operation was required to comply with such registration 
     requirements''.
       (d) Authority To Investigate.--Section 1960 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Authority To Investigate.--Violations of this section 
     may be investigated by the Attorney General, the Secretary of 
     the Treasury, and the Secretary of Homeland Security.''.

     SEC. 1618. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A 
                   SPECIFIC FELONY.

       (a) Proceeds of a Felony.--Section 1956(c)(1) of title 18, 
     United States Code, is amended by inserting ``, and 
     regardless of whether or not the person knew that the 
     activity constituted a felony'' before the semicolon at the 
     end.
       (b) Intent To Conceal or Disguise.--Section 1956(a) of 
     title 18, United States Code, is amended--
       (1) in paragraph (1)(B)(i), by striking ``specified 
     unlawful activity'' and inserting ``some form of unlawful 
     activity''; and
       (2) in paragraph (2)(B)(i), by striking ``specified 
     unlawful activity'' and inserting ``some form of unlawful 
     activity''.

     SEC. 1619. EXTRATERRITORIAL JURISDICTION.

       Section 1956(f)(1) of title 18, United States Code, is 
     amended by inserting ``or has an effect in the United 
     States'' after ``conduct occurs in part in the United 
     States''.

     SEC. 1620. CONDUCT IN AID OF COUNTERFEITING.

       (a) In General.--Section 474(a) of title 18, United States 
     Code, is amended by inserting after the paragraph beginning 
     ``Whoever has in his control, custody, or possession any 
     plate'' the following:
       ``Whoever, with intent to defraud, has custody, control, or 
     possession of any material that can be used to make, alter, 
     forge, or counterfeit any obligation or other security of the 
     United States or any part of such obligation or security, 
     except under the authority of the Secretary of the Treasury; 
     or''.
       (b) Foreign Obligations and Securities.--Section 481 of 
     title 18, United States Code, is amended by inserting after 
     the paragraph beginning ``Whoever, with intent to defraud'' 
     the following:
       ``Whoever, with intent to defraud, has custody, control, or 
     possession of any material that can be used to make, alter, 
     forge, or counterfeit any obligation or other security of any 
     foreign government, bank, or corporation; or''.
       (c) Counterfeit Acts.--Section 470 of title 18, United 
     States Code, is amended by striking ``or 474'' and inserting 
     ``474, or 474A''.
       (d) Strengthening Deterrents to Counterfeiting.--Section 
     474A of title 18, United States Code is amended--
       (1) in subsection (a)--
       (A) by inserting ``, custody,'' after ``control'';
       (B) by inserting ``, forging, or counterfeiting'' after 
     ``to the making'';
       (C) by striking ``such obligation'' and inserting 
     ``obligation''; and
       (D) by inserting ``of the United States'' after ``or other 
     security'';
       (2) in subsection (b)--
       (A) by inserting ``, custody,'' after ``control'';
       (B) striking ``any essentially identical feature or 
     device'' and inserting ``any material or other thing made 
     after or in the similitude of any such deterrent''; and
       (C) by inserting ``, forging, or counterfeiting'' after 
     ``to the making'';
       (3) by redesignating subsection (c) as subsection (d); and
       (4) by inserting after subsection (b) the following:
       ``(c) Whoever has in his control, custody, or possession 
     any altered obligation or security of the United States or 
     any foreign government adapted to the making, forging, or 
     counterfeiting of any obligation or security of the United 
     States or any foreign government, except under the authority 
     of the Secretary of the Treasury, is guilty of a class B 
     felony.''.

     SEC. 1621. USE OF PROCEEDS DERIVED FROM CRIMINAL 
                   INVESTIGATIONS.

       (a) Authority of Secret Service.--During fiscal years 2008 
     through 2010, with respect to any undercover investigative 
     operation of the United States Secret Service (in this 
     section referred to as the ``Secret Service'') which is 
     necessary for the detection and prosecution of crimes against 
     the United States--
       (1) sums authorized in any such fiscal year to be 
     appropriated for the Secret Service, including any 
     unobligated balances available

[[Page 5205]]

     from prior fiscal years, may be used to purchase property, 
     buildings, and other facilities, and to lease space, within 
     the United States, the District of Columbia, and the 
     territories and possessions of the United States, without 
     regard to--
       (A) sections 1341 and 3324 of title 31 of the United States 
     Code;
       (B) section 8141 of title 40 of the United States Code;
       (C) sections 3732(a) and 3741 of the Revised Statutes of 
     the United States (41 U.S.C. 11(a) and 22); and
       (D) sections 304(a) and 305 of the Federal Property and 
     Administrative Services Act of 1949 ( 41 U.S.C. 254(a) and 
     255);
       (2) sums authorized in any such fiscal year to be 
     appropriated for the Secret Service, including any 
     unobligated balances available from prior fiscal years, may 
     be used--
       (A) to establish or to acquire proprietary corporations or 
     business entities as part of an undercover investigative 
     operation; and
       (B) to operate such corporations or business entities on a 
     commercial basis, without regard to sections 9102 and 9103 of 
     title 31 of the United States Code;
       (3) sums authorized in any such fiscal year to be 
     appropriated for the Secret Service, including any 
     unobligated balances available from prior fiscal years, and 
     the proceeds seized, earned, or otherwise accrued from any 
     such undercover investigative operation, may be deposited in 
     banks or other financial institutions, without regard to--
       (A) section 648 of title 18 of the United States Code; and
       (B) section 3302 of title 31 of the United States Code; and
       (4) proceeds seized, earned, or otherwise accrued from any 
     such undercover investigative operation may be used to offset 
     the necessary and reasonable expenses incurred in such 
     operation, without regard to section 3302 of title 31 of the 
     United States Code.
       (b) Written Certification of Director Required.--
       (1) In general.--The authority granted under subsection (a) 
     may be exercised only upon the written certification of the 
     Director of the Secret Service or the Director's designee.
       (2) Content of certification.--Each certification issued 
     under paragraph (1) shall state that any action authorized 
     under paragraph (1), (2), (3), or (4) of subsection (a) is 
     necessary to conduct the undercover investigative operation.
       (3) Duration of certification.--Each certification issued 
     under paragraph (1) shall continue in effect for the duration 
     of the undercover investigative operation, without regard to 
     fiscal years.
       (c) Transfer of Proceeds to Treasury.--As soon as 
     practicable after the proceeds from an undercover 
     investigative operation with respect to which an action is 
     authorized and carried out under paragraphs (3) and (4) of 
     subsection (a) are no longer necessary for the conduct of 
     such operation, such proceeds, or the balance of such 
     proceeds, remaining at the time shall be deposited in the 
     Treasury of the United States as miscellaneous receipts.
       (d) Corporations With a High Net Value.--
       (1) In general.--If a corporation or business entity 
     established or acquired as part of an undercover 
     investigative operation under subsection (a)(2) having a net 
     value of over $50,000 is to be liquidated, sold, or otherwise 
     disposed of, the Secret Service, as much in advance as the 
     Director of the Secret Service or the Director's designee 
     determines is practicable, shall report the circumstances of 
     such liquidation, sale, or other disposition to the Secretary 
     of Homeland Security.
       (2) Transfer of proceeds to treasury.--The proceeds of any 
     liquidation, sale, or other disposition of any corporation or 
     business entity under paragraph (1) shall, after all other 
     obligations are met, be deposited in the Treasury of the 
     United States as miscellaneous receipts.
       (e) Audits.--The Secret Service shall--
       (1) conduct, on a quarterly basis, a detailed financial 
     audit of each completed undercover investigative operation 
     where a written certification was issued pursuant to this 
     section; and
       (2) report the results of each such audit in writing to the 
     Secretary of Homeland Security.

                    Subtitle B--Technical Amendments

     SEC. 1631. TECHNICAL AMENDMENTS TO SECTIONS 1956 AND 1957 OF 
                   TITLE 18.

       (a) Unlawful Activity.--Section 1956(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (2), by striking `` `conducts' '' and 
     inserting `` `conduct' ''; and
       (2) in paragraph (7)(F), by inserting ``, as defined in 
     section 24(a)'' before the semicolon.
       (b) Property From Unlawful Activity.--Section 1957 of title 
     18, United States Code, is amended--
       (1) in subsection (a), by striking ``engages or attempts to 
     engage in'' and inserting ``conducts or attempts to 
     conduct''; and
       (2) in subsection (f)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) the term `conduct' has the meaning given such term 
     under section 1956(c)(2).''.
                                 ______
                                 
  SA 310. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page __, between lines _ and _, insert the 
     following:

     SEC. 406. DETENTION OF DEPORTABLE ALIENS TO PROTECT PUBLIC 
                   SAFETY.

       (a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending clause (ii) of subparagraph (B) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the date the stay of removal is no longer in effect.'';
       (B) by adding at the end of subparagraph (B), the following 
     flush text:

     ``If, at the beginning of the removal period, as determined 
     under this subparagraph, the alien is not in the custody of 
     the Secretary of Homeland Security (under the authority of 
     this Act), the Secretary shall take the alien into custody 
     for removal, and the removal period shall not begin until the 
     alien is taken into such custody. If the Secretary transfers 
     custody of the alien during the removal period pursuant to 
     law to another Federal agency or a State or local government 
     agency in connection with the official duties of such agency, 
     the removal period shall be tolled, and shall begin anew on 
     the date of the alien's return to the custody of the 
     Secretary subject to clause (ii).''; and
       (C) by amending subparagraph (C) to read as follows:
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to make all reasonable efforts to comply with the 
     removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspires or acts to prevent the alien's 
     removal subject to an order of removal.'';
       (3) in paragraph (2), by adding at the end the following 
     new sentence: ``If a court, the Board of Immigration Appeals, 
     or an immigration judge orders a stay of removal of an alien 
     who is subject to an administratively final order of removal, 
     the Secretary of Homeland Security in the exercise of 
     discretion may detain the alien during the pendency of such 
     stay of removal.'';
       (4) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary of Homeland Security prescribes for the alien, 
     in order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (5) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary of Homeland Security, without any 
     limitations other than those specified in this section, until 
     the alien is removed. If an alien is released, the alien''; 
     and
       (6) by redesignating paragraph (7) as paragraph (10) and 
     inserting after paragraph (6) the following new paragraphs:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     his parole or his removal becomes reasonably foreseeable, 
     provided that in no circumstance shall such alien be 
     considered admitted.
       ``(8) Additional rules for detention or release of certain 
     aliens who have made an entry.--The following procedures 
     apply only with respect to an alien who has effected an entry 
     into the United States. These procedures do not apply to any 
     other alien detained pursuant to paragraph (6).
       ``(A) Establishment of a detention review process for 
     aliens who fully cooperate with removal.--For an alien who 
     has made all reasonable efforts to comply with a removal 
     order and to cooperate fully with the Secretary of Homeland 
     Security's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, and has not conspired or 
     acted to

[[Page 5206]]

     prevent removal, the Secretary of Homeland Security shall 
     establish an administrative review process to determine 
     whether the alien should be detained or released on 
     conditions. The Secretary shall make a determination whether 
     to release an alien after the removal period in accordance 
     with paragraph (1)(B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Department of State 
     or other Federal agency and any other information available 
     to the Secretary pertaining to the ability to remove the 
     alien.
       ``(B) Authority to detain beyond the removal period.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of discretion, without any limitations other 
     than those specified in this section, may continue to detain 
     an alien for 90 days beyond the removal period (including any 
     extension of the removal period as provided in subsection 
     (a)(1)(C)).
       ``(ii) Length of detention.--The Secretary, in the exercise 
     of discretion, without any limitations other than those 
     specified in this section, may continue to detain an alien 
     beyond the 90 days, as authorized in clause (i)--

       ``(I) until the alien is removed, if the Secretary 
     determines that there is a significant likelihood that the 
     alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspiracies or acts 
     to prevent removal;

       ``(II) until the alien is removed, if the Secretary 
     certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and either--
       ``(AA) the alien has been convicted of one or more 
     aggravated felonies as defined in section 101(a)(43)(A), one 
     or more crimes identified by the Secretary of Homeland 
     Security by regulation, or one or more attempts or 
     conspiracies to commit any such aggravated felonies or such 
     identified crimes, provided that the aggregate term of 
     imprisonment for such attempts or conspiracies is at least 5 
     years; or
       ``(BB) the alien has committed one or more crimes of 
     violence (as defined in section 16 of title 18, United States 
     Code, but not including a purely political offense) and, 
     because of a mental condition or personality disorder and 
     behavior associated with that condition or disorder, the 
     alien is likely to engage in acts of violence in the future; 
     or
       ``(ee) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and the alien has been convicted of 
     at least one aggravated felony as defined in section 
     101(a)(43); and

       ``(III) pending a determination under subclause (II), so 
     long as the Secretary has initiated the administrative review 
     process not later than 30 days after the expiration of the 
     removal period (including any extension of the removal period 
     as provided in subsection (a)(1)(C)).

       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months without limitation, after providing an opportunity for 
     the alien to request reconsideration of the certification and 
     to submit documents or other evidence in support of that 
     request. If the Secretary does not renew a certification, the 
     Secretary may not continue to detain the alien under 
     subparagraph (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (ee) of subparagraph (B)(ii)(II) to an official 
     below the level of the Assistant Secretary for Immigration 
     and Customs Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or his designee provide for 
     a hearing to make the determination described in clause 
     (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary of 
     Homeland Security, in the exercise of discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of discretion, without any limitations other 
     than those specified in this section, may again detain any 
     alien subject to a final removal order who is released from 
     custody if the alien fails to comply with the conditions of 
     release or to continue to satisfy the conditions described in 
     subparagraph (A), or if, upon reconsideration, the Secretary 
     determines that the alien can be detained under subparagraph 
     (B). Paragraphs (6) through (8) shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
       ``(F) Certain aliens who effected entry.--If an alien has 
     effected an entry but has neither been lawfully admitted nor 
     physically present in the United States continuously for the 
     2-year period immediately prior to the commencement of 
     removal proceedings under this Act or deportation proceedings 
     against the alien, the Secretary of Homeland Security in the 
     exercise of discretion may decide not to apply paragraph (8) 
     and detain the alien without any limitations except those 
     which the Secretary shall adopt by regulation.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in habeas corpus proceedings instituted in the 
     United States District Court for the District of Columbia, 
     and only if the alien has exhausted all administrative 
     remedies (statutory and regulatory) available to the alien as 
     of right.''.
       (b) Detention of Aliens During Removal Proceedings.--
       (1) In general.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following new subsections:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.
       ``(f) Judicial Review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (e) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia and only if the 
     alien has exhausted all administrative remedies (statutory 
     and nonstatutory) available to the alien as of right.''.
       (2) Conforming amendments.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended--
       (A) by inserting at the end of subsection (e) the 
     following: ``Without regard to the place of confinement, 
     judicial review of any action or decision made pursuant to 
     section 235(f) shall be available exclusively in a habeas 
     corpus proceeding instituted in the United States District 
     Court for the District of Columbia, and only if the alien has 
     exhausted all administrative remedies (statutory and 
     nonstatutory) available to the alien as of right.''; and
       (B) by adding at the end the following new subsection:
       ``(f) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.''.
       (c) Severability.--If any of the provisions of this Act or 
     any amendment by this Act, or the application of any such 
     provision to any person or circumstance, is held to be 
     invalid for any reason, the remainder of this Act and of 
     amendments made by this Act, and the application of the 
     provisions and of the amendments made by this Act to any 
     other person or circumstance shall not be affected by such 
     holding.
       (d) Effective Dates.--
       (1) Amendments made by subsection (a).--The amendments made 
     by subsection (a) shall take effect on the date of the 
     enactment of this Act, and section 241 of the Immigration and 
     Nationality Act, as amended, shall apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (2) Amendments made by subsection (b).--The amendments made 
     by subsection (b) shall take effect upon the date of the 
     enactment of this Act, and sections 235 and 236 of

[[Page 5207]]

     the Immigration and Nationality Act, as amended, shall apply 
     to any alien in detention under provisions of such sections 
     on or after the date of the enactment of this Act.

     SEC. 407. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC 
                   SAFETY.

       (a) In General.--Section 3142(e) of title 18, United States 
     Code, is amended to read as follows:
       ``(e) Detention.--If, after a hearing pursuant to the 
     provisions of subsection (f), the judicial officer finds that 
     no condition or combination of conditions will reasonably 
     assure the appearance of the person as required and the 
     safety of any other person and the community, such judicial 
     officer shall order the detention of the person before trial.
       ``(1) Presumption arising from offenses described in 
     subsection (f)(1).--In a case described in subsection (f)(1) 
     of this section, a rebuttable presumption arises that no 
     condition or combination of conditions will reasonably assure 
     the safety of any other person and the community if such 
     judicial officer finds that--
       ``(A) the person has been convicted of a Federal offense 
     that is described in subsection (f)(1), or of a State or 
     local offense that would have been an offense described in 
     subsection (f)(1) if a circumstance giving rise to Federal 
     jurisdiction had existed;
       ``(B) the offense described in subparagraph (A) was 
     committed while the person was on release pending trial for a 
     Federal, State, or local offense; and
       ``(C) a period of not more than 5 years has elapsed since 
     the date of conviction or the release of the person from 
     imprisonment, for the offense described in subparagraph (A), 
     whichever is later.
       ``(2) Presumption arising from other offenses involving 
     illegal substances, firearms, violence, or minors.--Subject 
     to rebuttal by the person, it shall be presumed that no 
     condition or combination of conditions will reasonably assure 
     the appearance of the person as required and the safety of 
     the community if the judicial officer finds that there is 
     probable cause to believe that the person committed an 
     offense for which a maximum term of imprisonment of 10 years 
     or more is prescribed in the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
     46, an offense under section 924(c), 956(a), or 2332b of this 
     title, or an offense listed in section 2332b(g)(5)(B) of this 
     title for which a maximum term of imprisonment of 10 years or 
     more is prescribed, or an offense involving a minor victim 
     under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
     2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 
     2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 
     2423, or 2425 of this title.
       ``(3) Presumption arising from offenses relating to 
     immigration law.--Subject to rebuttal by the person, it shall 
     be presumed that no condition or combination of conditions 
     will reasonably assure the appearance of the person as 
     required if the judicial officer finds that there is probable 
     cause to believe that the person is an alien and that the 
     person--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) is the subject of a final order of removal; or
       ``(C) has committed a felony offense under section 
     842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426 
     of this title, or any section of chapters 75 and 77 of this 
     title, or section 243, 274, 275, 276, 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325, 
     1326, 1327, and 1328).''.
       (b) Immigration Status as Factor in Determining Conditions 
     of Release.--Section 3142(g)(3) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following new subparagraph:
       ``(C) the person's immigration status; and''.

                                 ______
                                 
  SA 311. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMMIGRATION INJUNCTION REFORM.

       (a) Appropriate Remedies for Immigration Legislation.--
       (1) Requirements for an order granting prospective relief 
     against the government.--
       (A) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety; and
       (iv) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (B) Written explanation.--The requirements described in 
     subparagraph (A) shall be discussed and explained in writing 
     in the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (C) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (i) makes the findings required under subparagraph (A) for 
     the entry of permanent prospective relief; and
       (ii) makes the order final before expiration of such 90-day 
     period.
       (D) Requirements for order denying motion.--This paragraph 
     shall apply to any order denying a motion made by the 
     Government to vacate, modify, dissolve, or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Procedure for motion affecting order granting 
     prospective relief against the government.--
       (A) In general.--A court shall promptly rule on a motion 
     made by the Government to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief in 
     any civil action pertaining to the administration or 
     enforcement of the immigration laws of the United States.
       (B) Automatic stays.--
       (i) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief made 
     by the Government in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (ii) Duration of automatic stay.--An automatic stay under 
     clause (i) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (iii) Postponement.--The court, for good cause, may 
     postpone an automatic stay under clause (i) for not longer 
     than 15 days.
       (iv) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in clause (i), other than an 
     order to postpone the effective date of the automatic stay 
     for not longer than 15 days under clause (iii), shall be--

       (I) treated as an order refusing to vacate, modify, 
     dissolve, or otherwise terminate an injunction; and
       (II) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.

       (3) Settlements.--
       (A) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with the requirements 
     of paragraph (1).
       (B) Private settlement agreements.--Nothing in this 
     subsection shall preclude parties from entering into a 
     private settlement agreement that does not comply with 
     paragraph (1).
       (4) Expedited proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this subsection.
       (5) Definitions.--In this subsection:
       (A) Consent decree.--The term ``consent decree''--
       (i) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (ii) does not include private settlements.
       (B) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (C) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (D) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (E) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into by the 
     parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (F) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (b) Effective Date.--
       (1) In general.--This section shall apply with respect to 
     all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether

[[Page 5208]]

     such relief was ordered before, on, or after the date of the 
     enactment of this Act.
       (2) Pending motions.--Every motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief in any such action, which motion is 
     pending on the date of the enactment of this Act, shall be 
     treated as if it had been filed on such date of enactment.
       (3) Automatic stay for pending motions.--
       (A) In general.--An automatic stay with respect to the 
     prospective relief that is the subject of a motion described 
     in paragraph (2) shall take effect without further order of 
     the court on the date that is 10 days after the date of the 
     enactment of this Act if the motion--
       (i) was pending for 45 days as of the date of the enactment 
     of this Act; and
       (ii) is still pending on the date which is 10 days after 
     such date of enactment.
       (B) Duration of automatic stay.--An automatic stay that 
     takes effect under subparagraph (A) shall continue until the 
     court enters an order granting or denying a motion made by 
     the Government under subsection (a)(2). There shall be no 
     further postponement of the automatic stay with respect to 
     any such pending motion under subsection (a)(2)(B). Any 
     order, staying, suspending, delaying, or otherwise barring 
     the effective date of this automatic stay with respect to 
     pending motions described in paragraph (2) shall be an order 
     blocking an automatic stay subject to immediate appeal under 
     subsection (a)(2)(B)(iv).

                                 ______
                                 
  SA 312. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 389, after line 13, add the following:

     SEC. 15__. RECRUITMENT OF PERSONS TO PARTICIPATE IN 
                   TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by inserting after section 2332b the 
     following:

     ``Sec. 2332c. Recruitment of persons to participate in 
       terrorism.

       ``(a) Offenses.--
       ``(1) In general.--It shall be unlawful to employ, solicit, 
     induce, command, or cause another person to commit an act of 
     domestic terrorism or international terrorism or a Federal 
     crime of terrorism, with the intent that the person commit 
     such act or crime of terrorism
       ``(2) Attempt and conspiracy.--It shall be unlawful to 
     attempt or conspire to commit an offense under paragraph (1).
       ``(b) Penalties.--Any person who violates subsection (a)--
       ``(1) in the case of an attempt or conspiracy, shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both;
       ``(2) if death of an individual results, shall be fined 
     under this title, punished by death or imprisoned for any 
     term of years or for life, or both;
       ``(3) if serious bodily injury to any individual results, 
     shall be fined under this title, imprisoned not less than 10 
     years nor more than 25 years, or both; and
       ``(4) in any other case, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed or applied so as to abridge the exercise of 
     rights guaranteed under the first amendment to the 
     Constitution of the United States.
       ``(d) Lack of Consummated Terrorist Act Not a Defense.--It 
     is not a defense under this section that the act of domestic 
     terrorism or international terrorism or Federal crime of 
     terrorism that is the object of the employment, solicitation, 
     inducement, commanding, or causing has not been done.
       ``(e) Definitions.--In this section--
       ``(1) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b of this title; and
       ``(2) the term `serious bodily injury' has the meaning 
     given that term in section 1365 of this title.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections at the beginning of chapter 113B of title 18, United 
     States Code, is amended--
       (1) by inserting after section 2332b the following:

``2332c. Recruitment of persons to participate in terrorism.''; and
       (2) by adding at the end the following:

``2339D. Receiving military type training from a foreign terrorist 
              organization.''.

                                 ______
                                 
  SA 313. Mr. DORGAN (for himself and Mr. Conrad) proposed an amendment 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON THE HUNT FOR OSAMA BIN LADEN, AYMAN AL-
                   ZAWAHIRI, AND THE LEADERSHIP OF AL QAEDA.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and every 180 days thereafter, the 
     Director of National Intelligence and the Secretary of 
     Defense jointly shall submit to Congress a report describing 
     the status of their efforts to capture Osama Bin Laden, Ayman 
     al-Zawahiri, and the leadership of al Qaeda.
       (b) Contents.--Each report required by subsection (a) shall 
     include the following:
       (1) A statement whether or not the January 11, 2007, 
     assessment provided by Director of National Intelligence John 
     Negroponte to the Select Committee on Intelligence of the 
     Senate that the top leadership of al Qaeda has a ``secure 
     hideout in Pakistan'' was applicable during the reporting 
     period and, if not, a description of the current whereabouts 
     of that leadership.
       (2) A statement identifying each country where Osama bin 
     Laden, Ayman al-Zawahiri, and the leadership of al Qaeda are 
     or may be hiding, including an assessment whether or not the 
     government of each country so identified has fully cooperated 
     in the efforts to capture them, and, if not, a description of 
     the actions, if any, being taken or to be taken to obtain the 
     full cooperation of each country so identified in the efforts 
     to capture them.
       (3) A description of the additional resources required to 
     promptly capture Osama bin Laden, Ayman al-Zawahiri, and the 
     leadership of al Qaeda.
       (c) Form of Report.--Each report submitted to Congress 
     under subsection (a) shall be submitted in a classified form 
     and shall be accompanied by an unclassified form of the 
     report that redacts the classified information in the report. 
     The unclassified form of the report shall be made available 
     to the public.

                                 ______
                                 
  SA 314. Mr. DeMINT proposed an amendment to amendment SA 275 proposed 
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 
S. 4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       On page 215, strike line 6 and all that follows through 
     page 219, line 7.

                                 ______
                                 
  SA 315. Mr. LIEBERMAN proposed an amendment to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; as follows:

       On page 215, strike line 22 and all that follows through 
     page 219, line 7, and insert the following:

     SEC. __. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR 
                   PASSENGER AND PROPERTY SCREENERS.

       (a) Appeal Rights for Screeners.--
       (1) In general.--Section 111(d) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note) is 
     amended--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3) notwithstanding''; and
       (B) by adding at the end the following:
       ``(2) Right to appeal adverse action.--The provisions of 
     chapters 75 and 77 of title 5, United States Code, shall 
     apply to an individual employed or appointed to carry out the 
     screening functions of the Administrator under section 44901 
     of title 49, United States Code.
       ``(3) Employee engagement mechanism for addressing 
     workplace issues.--The Under Secretary of Transportation 
     shall provide a collaborative, integrated, employee 
     engagement mechanism, subject to chapter 71 of title 5, 
     United States Code, at every airport to address workplace 
     issues, except that collective bargaining over working 
     conditions shall not extend to pay . Employees shall not have 
     the right to engage in a strike and the Under Secretary may 
     take whatever actions may be necessary to carry out the 
     agency mission during emergencies, newly imminent threats, or 
     intelligence indicating a newly imminent emergency risk. No 
     properly classified information shall be divulged in any non-
     authorized forum.''.
       (2) Conforming amendments.--Section 111(d)(1) of the 
     Aviation and Transportation Security Act, as amended by 
     paragraph (1)(A), is amended--

[[Page 5209]]

       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Under Secretary'' each place such appears 
     and inserting ``Administrator''.
       (b) Whistleblower Protections.--Section 883 of the Homeland 
     Security Act of 2002 (6 U.S.C. 463) is amended, in the matter 
     preceding paragraph (1), by inserting ``,or section 111(d) of 
     the Aviation and Transportation Security Act,'' after ``this 
     Act''.

       (c) Report to Congress.--
       (1) Report required.--Not later than 5 months after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on--
       (A) the pay system that applies with respect to TSA 
     employees as of the date of enactment of this Act; and
       (B) any changes to such system which would be made under 
     any regulations which have been prescribed under chapter 97 
     of title 5, United States Code.
       (2) Matters for inclusion.--The report required under 
     paragraph (1) shall include--
       (A) a brief description of each pay system described in 
     paragraphs (1)(A) and (1)(B), respectively;
       (B) a comparison of the relative advantages and 
     disadvantages of each of those pay systems; and
       (C) such other matters as the Comptroller General 
     determines appropriate.
                                 ______
                                 
  SA 316. Mrs. McCaskill proposed an amendment to amendment SA 315 
Proposed by Mr. Lieberman to the amendment SA 275 proposed by Mr. Reid 
(for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make 
the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       In the Amendment strike all after `sec' on page 1, line 3 
     and insert the following:

   APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER AND 
                           PROPERTY SCREENERS

       (a) Appeal Rights for Screeners.--
       (1) In general.--Section 111(d) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note) is 
     amended--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3) notwithstanding''; and
       (B) by adding at the end the following:
       ``(2) Right to appeal adverse action.--The provisions of 
     chapters 75 and 77 of title 5, United States Code, shall 
     apply to an individual employed or appointed to carry out the 
     screening functions of the Administrator under section 44901 
     of title 49, United States Code.
       ``(3) Employee engagement mechanism for addressing 
     workplace issues.--The Under Secretary of Transportation 
     shall provide a collaborative, integrated, employee 
     engagement mechanism, subject to chapter 71 of title 5, 
     United States Code, at every airport to address workplace 
     issues, except that collective bargaining over working 
     conditions shall not extend to pay . Employees shall not have 
     the right to engage in a strike and the Under Secretary may 
     take whatever actions may be necessary to carry out the 
     agency mission during emergencies, newly imminent threats, or 
     intelligence indicating a newly imminent emergency risk. No 
     properly classified information shall be divulged in any non-
     authorized forum.''.
       (2) Conforming amendments.--Section 111(d)(1) of the 
     Aviation and Transportation Security Act, as amended by 
     paragraph (1)(A), is amended--
       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Under Secretary'' each place such appears 
     and inserting ``Administrator''.
       (b) Whistleblower Protections.--Section 883 of the Homeland 
     Security Act of 2002 (6 U.S.C. 463) is amended, in the matter 
     preceding paragraph (1), by inserting ``,or section 111(d) of 
     the Aviation and Transportation Security Act,'' after ``this 
     Act''.
       (c) Report to Congress.--
       (1) Report required.--Not later than 6 months after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on--
       (A) the pay system that applies with respect to TSA 
     employees as of the date of enactment of this Act; and
       (B) any changes to such system which would be made under 
     any regulations which have been prescribed under chapter 97 
     of title 5, United States Code.
       (2) Matters for inclusion.--The report required under 
     paragraph (1) shall include--
       (A) a brief description of each pay system described in 
     paragraphs (1)(A) and (1)(B), respectively;
       (B) a comparison of the relative advantages and 
     disadvantages of each of those pay systems; and
       (C) such other matters as the Comptroller General 
     determines appropriate.
       (d) This section shall take effect one day after date of 
     enactment.
                                 ______
                                 
  SA 317. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE 
                   BOMBINGS AND TERRORIST MURDERS, KIDNAPPING, AND 
                   SEXUAL ASSAULTS.

       (a) Offense of Rewarding or Facilitating International 
     Terrorist Acts.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Providing material support to international 
       terrorism

       ``(a) Definitions.--In this section:
       ``(1) The term `facility of interstate or foreign commerce' 
     has the same meaning as in section 1958(b)(2).
       ``(2) The term `international terrorism' has the same 
     meaning as in section 2331.
       ``(3) The term `material support or resources' has the same 
     meaning as in section 2339A(b).
       ``(4) The term `perpetrator of an act' includes any person 
     who--
       ``(A) commits the act;
       ``(B) aids, abets, counsels, commands, induces, or procures 
     its commission; or
       ``(C) attempts, plots, or conspires to commit the act.
       ``(5) The term `serious bodily injury' has the same meaning 
     as in section 1365.
       ``(b) Prohibition.--Whoever, in a circumstance described in 
     subsection (c), provides material support or resources to the 
     perpetrator of an act of international terrorism, or to a 
     family member or other person associated with such 
     perpetrator, with the intent to facilitate, reward, or 
     encourage that act or other acts of international terrorism, 
     shall be fined under this title, imprisoned not more than 25 
     years, or both, and, if death results, shall be imprisoned 
     for any term of years or for life.
       ``(c) Jurisdictional Bases.--A circumstance referred to in 
     subsection (b) is that--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense involves the use of the mails or a 
     facility of interstate or foreign commerce;
       ``(3) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that affects 
     interstate or foreign commerce or would have affected 
     interstate or foreign commerce had it been consummated;
       ``(4) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that violates the 
     criminal laws of the United States;
       ``(5) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that is designed 
     to influence the policy or affect the conduct of the United 
     States Government;
       ``(6) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that occurs in 
     part within the United States and is designed to influence 
     the policy or affect the conduct of a foreign government;
       ``(7) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that causes or is 
     designed to cause death or serious bodily injury to a 
     national of the United States while that national is outside 
     the United States, or substantial damage to the property of a 
     legal entity organized under the laws of the United States 
     (including any of its States, districts, commonwealths, 
     territories, or possessions) while that property is outside 
     of the United States;
       ``(8) the offense occurs in whole or in part within the 
     United States, and an offender intends to facilitate, reward 
     or encourage an act of international terrorism that is 
     designed to influence the policy or affect the conduct of a 
     foreign government; or
       ``(9) the offense occurs in whole or in part outside of the 
     United States, and an offender is a national of the United 
     States, a stateless person whose habitual residence is in the 
     United States, or a legal entity organized under the laws of 
     the United States (including any of its States, districts, 
     commonwealths, territories, or possessions).''.
       (2) Technical and conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     113B of title 18, United States Code, is amended by adding at 
     the end the following:


[[Page 5210]]


``2339D. Receiving military-type training from a foreign terrorist 
              organization.
``2339E. Providing material support to international terrorism.''.
       (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 
     18, United States Code, is amended by striking all after 
     ``2339C'' and inserting ``(relating to financing of 
     terrorism), 2339E (relating to providing material support to 
     international terrorism), or 2340A (relating to torture);''.
       (b) Increased Penalties for Providing Material Support to 
     Terrorists.--
       (1) Providing material support to designated foreign 
     terrorist organizations.--Section 2339B(a) of title 18, 
     United States Code, is amended by striking ``15 years'' and 
     inserting ``25 years''.
       (2) Providing material support or resources in aid of a 
     terrorist crime.--Section 2339A(a) of title 18, United States 
     Code, is amended by striking ``15 years'' and inserting ``40 
     years''.
       (3) Receiving military-type training from a foreign 
     terrorist organization.--Section 2339D(a) of title 18, United 
     States Code, is amended by striking ``ten years'' and 
     inserting ``15 years''.
       (4) Addition of attempts and conspiracies to an offense 
     relating to military training.--Section 2339D(a) of title 18, 
     United States Code, is amended by inserting ``, or attempts 
     or conspires to receive,'' after ``receives''.
       (c) Denial of Federal Benefits to Convicted Terrorists.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, as amended by this section, is amended by adding at the 
     end the following:

     ``Sec. 2339F. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--In this section, `Federal 
     benefit' has the meaning given that term in section 421(d) of 
     the Controlled Substances Act (21 U.S.C. 862(d)).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 113B of title 18, United States Code, as 
     amended by this section, is amended by adding at the end the 
     following:

``2339F. Denial of Federal benefits to terrorists.''.
       (d) Addition of Attempts or Conspiracies to Offense of 
     Terrorist Murder.--Section 2332(a) of title 18, United States 
     Code, is amended--
       (1) by inserting ``, or attempts or conspires to kill,'' 
     after ``Whoever kills''; and
       (2) in paragraph (2), by striking ``ten years'' and 
     inserting ``30 years''.
       (e) Addition of Offense of Terrorist Kidnapping.--Section 
     2332(b) of title 18, United States Code, is amended to read 
     as follows:
       ``(b) Kidnapping.--Whoever outside the United States 
     unlawfully seizes, confines, inveigles, decoys, kidnaps, 
     abducts, or carries away, or attempts or conspires to seize, 
     confine, inveigle, decoy, kidnap, abduct or carry away, a 
     national of the United States, shall be fined under this 
     title, imprisoned for any term of years or for life, or 
     both.''.
       (f) Addition of Sexual Assault to Definition of Offense of 
     Terrorist Assault.--Section 2332(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury'';
       (2) in paragraph (2), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury''; and
       (3) in the matter following paragraph (2), by striking 
     ``ten years'' and inserting ``40 years''.
                                 ______
                                 
  SA 318. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States Imore secure 
by implementing unfinished recommendations of the 9/11 Commission to 
fight the war on terror more effectively, to improve homeland security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.__. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY 
                   ENTRUSTED PERSONS.

       (a) Whoever, being an employee or member of the Senate or 
     House of Representatives of the United States of America, or 
     being entrusted with or having lawful possession of, access 
     to, or control over any classified information contained in a 
     report submitted to the Congress pursuant to the Improving 
     America's Security Act of 2007, the USA Patriot Improvement 
     and Reauthorization Act of 2005, or the Intelligence Reform 
     and Terrorism Prevention Act of 2004, and who knowingly and 
     willfully communicates, furnishes, transmits, or otherwise 
     makes available to an unauthorized person, or publishes, or 
     uses such information in any manner prejudicial to the safety 
     or interest of the United States or for the benefit of any 
     foreign government to the detriment of the United States, 
     shall be fined under this title or imprisoned not more than 
     ten years, or both.
       (b) As used in subsection (a) of this section--
       The term ``classified information'' means information 
     which, at the time of a violation of this section, is 
     determined to be Confidential, Secret, or Top Secret pursuant 
     to Executive Order 12958 or successor orders;
       The term ``unauthorized person'' means any person who does 
     not have authority or permission to have access to the 
     classified information pursuant to the provisions of a 
     statute, Executive Order, regulation, or directive of the 
     head of any department or agency who is empowered to classify 
     information.
       (c) Nothing in this section shall prohibit the furnishing, 
     upon lawful demand, of information to any regularly 
     constituted committee of the Senate or House of 
     Representatives of the United States of America, or joint 
     committee thereof.
                                 ______
                                 
  SA 319. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:)

       At the appropriate place, insert the following:

     SEC. 1. AUTHORIZING THE SECRETARY OF HOMELAND SECURITY TO 
                   EXEMPT GROUPS THAT ARE NOT A THREAT TO THE 
                   UNITED STATES AND THAT DO NOT ATTACK CIVILIANS 
                   FROM THE DEFINITION OF ``TERRORIST 
                   ORGANIZATION''

       Section 212(d)(3)(B)(i) of the Immigration and Nationality 
     Act (8 U.S.C. Sec. 1182(d)(3)(B)(i)) is revised to read as 
     follows:
       ``The Secretary of Homeland Security, after consultation 
     with the Secretary of State and the Attorney General, may 
     determine in such Secretary's sole unreviewable discretion 
     that--
       (I) subsection (a)(3)(B)(i)(IV)(bb) of this section shall 
     not apply to an alien;
       (II) subsection (a)(3)(B)(i)(VII) of this section shall not 
     apply to an alien who endorsed or espoused terrorist activity 
     or persuaded others to endorse or espouse terrorist activity 
     or support a terrorist organization described in clause 
     (vi)(III);
       (III) subsection (a)(3)(B)(iv)(VI) of this section shall 
     not apply with respect to any material support that an alien 
     afforded under duress (as that term is defined in common law) 
     to an organization or individual that has engaged in a 
     terrorist activity;
       (IV) subsection (a)(3)(B)(vi)(III) of this section shall 
     not apply to a group that--
       (aa) does not pose a threat to the United States or other 
     democratic countries; and
       (bb) has not engaged in terrorist activity that was 
     targeted at civilians; or
        (V) subsection (a)(3)(B)(vi)(III) of this section shall 
     not apply to a group solely by virtue of its having a 
     subgroup within the scope of that subsection.
       ``Such a determination may be revoked at any time, and 
     neither the determination nor its revocation shall be subject 
     to judicial review under any provision of law, including 
     section 2241 of title 28.''

     SEC. 2. AUTOMATIC RELIEF FOR THE HMONG AND OTHER GROUPS THAT 
                   DO NOT POSE A THREAT TO THE UNITED STATES

       For purposes of section 212(a)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. Sec. 1181(a)(3)(B)), the Hmong, the 
     Montagnards, the Karen National Union/Karen National 
     Liberation Army (KNU/KNLA), the Chin National Front/Chin 
     National Army (CNF/CNA), the Chin National League for 
     Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan 
     Liberation Party (ALP), the Mustangs, the Alzados, and the 
     Karenni National Progressive Party shall not be considered to 
     be a terrorist organization on the basis of any act or event 
     occurring before the date of the enactment of this section.

     SEC. 3. DESIGNATION OF THE TALIBAN AS A TERRORIST 
                   ORGANIZATION

       For purposes of section 212(a)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. Sec. 1181(a)(3)(B)), the Taliban 
     shall be considered a terrorist organization described in 
     subclause (I) of clause (vi) of that section.

     SEC. 4. TECHNICAL CORRECTION TO EXCEPTION TO INADMISSIBILITY 
                   GROUND FOR TERRORIST ACTIVITIES FOR SPOUSES AND 
                   CHILDREN

       Section 212(a)(3)(B)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended by striking 
     ``Subclause (VII)'' and replacing it with ``Subclause (IX)''.

     SEC. 5. EFFECTIVE DATE

       The amendment made by this section shall take effect on the 
     date of enactment of this

[[Page 5211]]

     section, and this amendment and clause 212(a)(3)(B)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)(ii)), as amended by this section, shall apply 
     to--
       (a) removal proceedings instituted before, on, or after the 
     date of the enactment of this section; and
       (b) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.
                                 ______
                                 
  SA 320. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVEMENTS TO THE CLASSIFIED INFORMATION 
                   PROCEDURES ACT.

       (a) Short Title.--This section may be cited as the 
     ``Classified Information Procedures Reform Act of 2007''.
       (b) Interlocutory Appeals Under the Classified Information 
     Procedures Act.--Section 7(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.) is amended by adding at the 
     end ``The Government's right to appeal under this section 
     applies without regard to whether the order appealed from was 
     entered under this Act.''.
       (c) Ex Parte Authorizations Under the Classified 
     Information Procedures Act.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the second sentence--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``written statement to be inspected'' and 
     inserting ``statement to be made ex parte and to be 
     considered''; and
       (2) in the third sentence--
       (A) by striking ``If the court enters an order granting 
     relief following such an ex parte showing, the'' and 
     inserting ``The''; and
       (B) by inserting ``, as well as any summary of the 
     classified information the defendant seeks to obtain,'' after 
     ``text of the statement of the United States''.
       (d) Application of Classified Information Procedures Act to 
     Nondocumentary Information.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the section heading, by inserting ``, and access 
     to,'' after ``of'';
       (2) by inserting ``(a) Discovery of Classified Information 
     From Documents.--'' before the first sentence; and
       (3) by adding at the end the following:
       ``(b) Access to Other Classified Information.--
       ``(1) If the defendant seeks access through deposition 
     under the Federal Rules of Criminal Procedure or otherwise to 
     non-documentary information from a potential witness or other 
     person which he knows or reasonably believes is classified, 
     he shall notify the attorney for the United States and the 
     district court in writing. Such notice shall specify with 
     particularity the classified information sought by the 
     defendant and the legal basis for such access. At a time set 
     by the court, the United States may oppose access to the 
     classified information.
       ``(2) If, after consideration of any objection raised by 
     the United States, including any objection asserted on the 
     basis of privilege, the court determines that the defendant 
     is legally entitled to have access to the information 
     specified in the notice required by paragraph (1), the United 
     States may request the substitution of a summary of the 
     classified information or the substitution of a statement 
     admitting relevant facts that the classified information 
     would tend to prove.
       ``(3) The court shall permit the United States to make its 
     objection to access or its request for such substitution in 
     the form of a statement to be made ex parte and to be 
     considered by the court alone. The entire text of the 
     statement of the United States, as well as any summary of the 
     classified information the defendant seeks to obtain, shall 
     be sealed and preserved in the records of the court and made 
     available to the appellate court in the event of an appeal.
       ``(4) The court shall grant the request of the United 
     States to substitute a summary of the classified information 
     or to substitute a statement admitting relevant facts that 
     the classified information would tend to prove if it finds 
     that the summary or statement will provide the defendant with 
     substantially the same ability to make his defense as would 
     disclosure of the specific classified information.
       ``(5) A defendant may not obtain access to classified 
     information subject to this subsection except as provided in 
     this subsection. Any proceeding, whether by deposition under 
     the Federal Rules of Criminal Procedure or otherwise, in 
     which a defendant seeks to obtain access to such classified 
     information not previously authorized by a court for 
     disclosure under this subsection must be discontinued or may 
     proceed only as to lines of inquiry not involving such 
     classified information.''.

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