[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5244-5255]
[From the U.S. Government Publishing Office, www.gpo.gov]




                IMPROVING AMERICA'S SECURITY ACT OF 2007

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 4, which the clerk will report.
  The assistant legislative clerk read as follows:

       A 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.

  Pending:

       Reid amendment No. 275, in the nature of a substitute.
       Sununu amendment No. 291 (to amendment No. 275), to ensure 
     that the emergency communications and interoperability 
     communications grant program does not exclude Internet 
     Protocol-based interoperable solutions.
       Sununu amendment No. 292 (to amendment No. 275), to expand 
     the reporting requirement on cross border interoperability, 
     and to prevent lengthy delays in the accessing frequencies 
     and channels for public safety communication users and 
     others.
       Salazar/Lieberman modified amendment No. 290 (to amendment 
     No. 275), to require a quadrennial homeland security review.
       Salazar amendment No. 280 (to amendment No. 275), to create 
     a Rural Policing Institute as part of the Federal Law 
     Enforcement Training Center.
       DeMint amendment No. 314 (to amendment No. 275), to strike 
     the provision that revises the personnel management practices 
     of the Transportation Security Administration.
       Lieberman amendment No. 315 (to amendment No. 275), to 
     provide appeal rights and employee engagement mechanisms for 
     passenger and property screeners.
       McCaskill amendment No. 316 (to amendment No. 315), to 
     provide appeal rights and employee engagement mechanisms for 
     passenger and property screeners.
       Dorgan/Conrad amendment No. 313 (to amendment No. 275), to 
     require a report to Congress on the hunt for Osama Bin Laden, 
     Ayman al-Zawahiri, and the leadership of al Qaeda.

  The ACTING PRESIDENT pro tempore. The Senator from Louisiana is 
recognized.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent for 5 minutes to 
send a new amendment to the desk and to call up three amendments and 
for a very brief discussion.
  The ACTING PRESIDENT pro tempore. Is this 5 additional minutes or 
time to be counted against the Senator from Colorado?
  Ms. LANDRIEU. I was under the impression I was going to be recognized 
first.
  The ACTING PRESIDENT pro tempore. The Senator from Colorado, Mr. 
Salazar, has time.
  Mr. SALAZAR. Mr. President, I ask unanimous consent that Senator 
Landrieu be yielded 5 minutes of the time allotted to me.
  I ask unanimous consent that Senator Landrieu be permitted to move 
forward for 5 minutes, with 2\1/2\ minutes taken from our side and 2\1/
2\ minutes taken from the other side, and following Senator Landrieu, 
Senator Allard from Colorado be permitted to lay down his amendment for 
up to 5 minutes, with 2\1/2\ minutes taken from our side and 2\1/2\ 
minutes from their side.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. ALLARD. Mr. President, I appreciate the Senator from Colorado 
allowing me an opportunity to call my own amendment. The way I 
understand it now, we are going to give 2\1/2\ minutes to the Senator 
from Louisiana, and I will have 2\1/2\ minutes on this side; is that 
correct? How are we allocating time? I want to clarify.
  Mr. SALAZAR. Mr. President, I modify my unanimous consent request. I 
ask unanimous consent that the Senator from Louisiana be allotted 5 
minutes, 2\1/2\ minutes to come off of the majority side and 2\1/2\ 
from the minority side; then following her, up to 5 minutes for the 
Senator from Colorado, with 2\1/2\ minutes coming off the majority side 
and 2\1/2\ minutes off the minority side.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Louisiana.


                 Amendment No. 321 to Amendment No. 275

  Ms. LANDRIEU. Mr. President, I send an amendment to the desk.
  The ACTING PRESIDENT pro tempore. Without objection, the pending 
amendment is set aside, and the clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Ms. Landrieu] proposes an 
     amendment numbered 321 to amendment No. 275.

  Ms. LANDRIEU. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

  (Purpose: To require the Secretary of Homeland Security to include 
         levees in the list of critical infrastructure sectors)

       On page 233, line 11, after ``the Secretary'' insert 
     ``shall include levees in the list of critical infrastructure 
     sectors and''.

       Amendments Nos. 295 and 296, En Bloc, to Amendment No. 275

  Ms. LANDRIEU. Mr. President, I call up amendments Nos. 295 and 296.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The bill clerk read as follows:

       The Senator from Louisiana [Ms. Landrieu] proposes 
     amendments numbered 295 and 296 en bloc to amendment No. 275.

  The amendments are as follows:


                           AMENDMENT NO. 295

 (Purpose: To provide adequate funding for local governments harmed by 
          Hurricane Katrina of 2005 or Hurricane Rita of 2005)

       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.

                           AMENDMENT NO. 296

(Purpose: To permit the cancellation of certain loans under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, and for other 
                               purposes)

       At the end of title XV, add the following:

[[Page 5245]]



     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).

  Ms. LANDRIEU. Mr. President, I appreciate my colleague allowing me a 
few minutes this morning to present this amendment. Whenever the 
managers of the bill believe we can vote on this amendment, I would 
most certainly follow their lead. It is a very important amendment, not 
just for the State of Louisiana but for Mississippi as well and for the 
gulf coast.
  There seems to be some misunderstanding about the scope of the damage 
of Hurricanes Katrina and Rita, the first and third worst storms in the 
history of the Nation. As we can see, Hurricane Andrew, the most 
expensive storm prior to these, had a per capita impact on the State of 
Florida of $139. The World Trade Center attacks, as vicious and 
terrible and heart-wrenching as they were, had a more substantial 
impact to the State of New York. But Katrina and Rita have had an 
extraordinarily horrific impact on the States of Louisiana and 
Mississippi.
  This amendment asks the Congress to waive the 10-percent match which 
was done in this case and in this case. It most certainly should be 
done in this case. That is the essence of this amendment.
  It would not only mean fairness and parity and equity for the 
survivors of Hurricanes Katrina and Rita, in line with what we have 
done, but it would also substantially expedite the rebuilding work that 
is underway and is tied up in redtape--in mindless redtape--because of 
this requirement. So I am asking for the Congress to act swiftly on 
this bill to get that done.


                           Amendment No. 321

  In addition, we also are asking for the critical infrastructure of 
the levees to be included in the list of critical infrastructure being 
debated on this bill. We have to review the infrastructure of the 
Nation and set priorities about where we are going to spend our money. 
That is what the second amendment does.


                           Amendment No. 296

  Then, finally, the third amendment will put back into the law the 
Community Disaster Loan Act the way it was before Hurricanes Katrina 
and Rita struck. For every other disaster in the past, and amazingly 
for every one in the future, communities at least have received the 
option of having their loans forgiven. But under the last Congress, the 
law was changed not for the future, which I could have accepted, but 
for only the survivors in Mississippi and Louisiana. The law was 
changed to not even allow for a possible forgiveness. So, again, it was 
grossly unfair, unprecedented.
  That, basically, is what these three amendments do.
  Mr. President, I thank my colleagues for allowing me to speak about 
the amendments briefly this morning.
  I yield whatever time I have remaining.
  The ACTING PRESIDENT pro tempore. The Senator from Colorado is 
recognized.


                 Amendment No. 272 To Amendment No. 275

  Mr. ALLARD. Mr. President, I ask unanimous consent to lay aside the 
pending amendment and call up amendment No. 272.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered. The clerk will report.
  The bill clerk read as follows:

       The Senator from Colorado [Mr. Allard] proposes an 
     amendment numbered 272 to amendment No. 275.

  Mr. ALLARD. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

  (Purpose: To prevent the fraudulent use of social security account 
numbers by allowing the sharing of social security data among agencies 
  of the United States for identity theft prevention and immigration 
             enforcement purposes, and for other purposes)

       At the appropriate place, insert the following:

     SEC. __. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION 
                   ENFORCEMENT PURPOSES.

       (a) Social Security Account Numbers.--Section 264(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
     to read as follows:
       ``(f) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986), the 
     Secretary of Homeland Security, the Secretary of Labor, and 
     the Attorney General are authorized to require an individual 
     to provide the individual's social security account number 
     for purposes of inclusion in any record of the individual 
     maintained by either such Secretary or the Attorney General, 
     or of inclusion in any application, document, or form 
     provided under or required by the immigration laws.''.
       (b) Exchange of Information.--Section 290(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended 
     by striking paragraph (2) and inserting the following new 
     paragraphs:
       ``(2)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if earnings are reported on or after January 1, 1997, 
     to the Social Security Administration on a social security 
     account number issued to an alien not authorized to work in 
     the United States, the Commissioner of Social Security shall 
     provide the Secretary of Homeland Security with information 
     regarding the name, date of birth, and address of the alien, 
     the name and address of the person reporting the earnings, 
     and the amount of the earnings.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary.
       ``(3)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if a social security account number was used with 
     multiple names, the Commissioner of Social Security shall 
     provide the Secretary of Homeland Security with information 
     regarding the name, date of birth, and address of each 
     individual who used that social security account number, and 
     the name and address of the person reporting the earnings for 
     each individual who used that social security account number.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary for the sole purpose of 
     enforcing the immigration laws.
       ``(C) The Secretary, in consultation with the Commissioner, 
     may limit or modify the requirements of this paragraph, as 
     appropriate, to identify the cases posing the highest 
     possibility of fraudulent use of social security account 
     numbers related to violation of the immigration laws.
       ``(4)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if more than one person reports earnings for an 
     individual during a single tax year, the Commissioner of 
     Social Security shall provide the Secretary of Homeland 
     Security information regarding the name, date of birth, and 
     address of the individual, and the name and address of each 
     person reporting earnings for that individual.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary for the sole purpose of 
     enforcing the immigration laws.
       ``(C) The Secretary, in consultation with the Commissioner, 
     may limit or modify the requirements of this paragraph, as 
     appropriate, to identify the cases posing the highest 
     possibility of fraudulent use of social security account 
     numbers related to violation of the immigration laws.
       ``(5)(A) The Commissioner of Social Security shall perform, 
     at the request of the Secretary of Homeland Security, a 
     search or manipulation of records held by the Commissioner if 
     the Secretary certifies that the purpose of the search or 
     manipulation is to obtain information that is likely to 
     assist in identifying individuals (and their employers) who 
     are using false names or social security account numbers, who 
     are sharing a single valid name and social security account 
     number among multiple individuals, who are using the social 
     security account number of a person who is deceased, too 
     young to work, or not authorized to work, or who are 
     otherwise engaged in a violation of the immigration laws. The 
     Commissioner shall provide the results of such search or 
     manipulation to the Secretary, notwithstanding any other

[[Page 5246]]

     provision law (including section 6103 of the Internal Revenue 
     Code of 1986).
       ``(B) The Secretary shall transfer to the Commissioner the 
     funds necessary to cover the costs directly incurred by the 
     Commissioner in carrying out each search or manipulation 
     requested by the Secretary under subparagraph (A).''.
       (c) False Claims of Citizenship by Nationals of the United 
     States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by 
     inserting ``or national'' after ``citizen''.

  Mr. ALLARD. Mr. President, this amendment deals with identity theft. 
As we heard from the 9/11 Commission, being able to secure our identity 
process is extremely important for the national security of this 
country. The 9/11 Commission suggested that we needed to do more to 
protect against identity theft and that was part of the problem with 
the terrorists who were coming into this country.
  So my amendment is very pertinent to the subject of this particular 
piece of legislation. One of the key items in that report is that we 
break down the stovepipe between the agencies so we can have some 
enforcement. This amendment tries to break down the stovepipe between 
Social Security and Homeland Security. Homeland Security, in checking 
for identity theft, is not able to get that information from Social 
Security; Social Security is not able to provide it because of a 
current law. This amendment addresses that problem.
  So it is my hope we can get this adopted. I have called it up, and I 
have made previous statements on this particular amendment. It is 
important. If we have somebody who is using the same name and Social 
Security number, we do not have any way of finding out about it unless 
it shows up on the Social Security side. So we need to be sure we can 
break down that stovepipe so we can have better security for this 
country. That is what my amendment is all about.
  Mr. President, I yield the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Colorado is 
recognized.


                           Amendment No. 280

  Mr. SALAZAR. Mr. President, we will be voting in a few minutes on 
amendment No. 280, which will create the Rural Policing Institute. This 
is the pinnacle of law enforcement training for our Federal agents 
throughout our country. It is very important that we allow the 800,000 
men and women who are in rural law enforcement agencies to take 
advantage of this great training opportunity. They are the eyes and 
ears on the ground who ultimately will help us avoid future terrorist 
attacks such as the one we saw in Oklahoma City which killed 156 
people.
  Mr. President, I am very proud of the fact this is a bipartisan 
amendment. I am going to yield up to 2 or 3 minutes of my time to 
Senator Chambliss because FLETC is located in his State, and he has 
been a great champion of FLETC.
  The ACTING PRESIDENT pro tempore. The Senator from Georgia is 
recognized for up to 3 minutes.
  Mr. CHAMBLISS. Mr. President, I thank my good friend and colleague 
from Colorado for once again bringing this amendment forward. Those of 
us who come from rural areas understand what our men and women do every 
day in rural America from the standpoint of enforcing the laws of this 
country. This amendment goes a longways toward supporting their 
efforts.
  My colleague from Georgia, Senator Isakson, and I are original 
cosponsors and strong supporters of this measure which I believe does 
fulfill a great need in rural America.
  The amendment creates a Rural Policing Institute that would be 
administered by the Office of the Federal Law Enforcement Training 
Center, also known as FLETC, located in Glynco, GA.
  Despite the fact that a majority of America's law enforcement 
agencies serve rural communities and small towns such as those across 
Georgia and Colorado, there is no entity dedicated specifically to 
training rural law enforcement officers. Currently, FLETC can only meet 
a small fraction of the demand for rural training.
  Rural law enforcement agencies have to work with fewer resources, 
fewer personnel, and are often forced to go without the training they 
need and rightly deserve. They cannot afford to do without men and 
women who may be called away for an extended period of time to undergo 
training, and that is why we need to bring the training directly to 
them--training otherwise they would not have access to.
  There is no question--and I hear this whenever I travel around my 
State--that our local law enforcement in rural areas is called upon 
more and more to prepare for different kinds of threats in this new 
security environment. In many areas, increased crime and increased 
methamphetamine drug trafficking has placed severe pressure on rural 
law enforcement capabilities.
  So if we are going to call upon them to do more, to leave their 
families each day, putting their lives in harm's way, then we have to 
provide them with the resources they need to carry out their duties. As 
a strong supporter of the criminal justice system, I believe this 
includes giving them access to the vital training they need.
  We must do all we can to support our hard-working professionals in 
rural areas. I urge my colleagues to support this commonsense, 
bipartisan amendment.
  Finally, I commend all of our law enforcement personnel, not just in 
our rural areas but in our urban areas as well--all across Georgia, 
Colorado, and every single State in America--who risk their lives every 
day for the sake of protecting their citizens.
  Again, Mr. President, I thank my colleague from Colorado for this 
very commonsense, bipartisan measure that will improve the safety of 
every single citizen who lives in rural, as well as urban America.
  Mr. President, I yield back.
  The ACTING PRESIDENT pro tempore. The junior Senator from Colorado is 
recognized.
  Mr. SALAZAR. Mr. President, the importance of this amendment is 
underscored in the stories and the lives that are led by the 800,000 
men and women who leave their homes every day to make sure they are 
protecting America. These are men and women who, in many areas, live in 
rural communities. In my State alone, we have 14,000 peace officers.
  As the attorney general of Colorado, I had the great honor and 
privilege of being the chairman of the Peace Officers Standards and 
Training Board. One of the things we recognized during that timeframe 
in my State of Colorado was that the training of these rural law 
enforcement officers was very essential for us to be able to make sure, 
first of all, they were able to protect themselves from getting in 
harm's way, and, second of all, they were able to protect the public?
  Mr. President, can I ask how much time I have on this side.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. SALAZAR. Mr. President, I ask unanimous consent to have up to 2 
more minutes to speak on the subject of amendment No. 280.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  Mr. SALAZAR. Mr. President, I am proud of the fact that Senator Pryor 
and Senator Isakson and Senator Chambliss have joined us in moving 
forward with this amendment. It is a commonsense amendment. When you 
consider the horrific attack we saw in Oklahoma, it is exactly the kind 
of attack that might have been prevented if we had our rural law 
enforcement agencies with the kind of training that would make them 
part of our antiterrorism efforts.
  So I want us very much to move forward with this amendment, to adopt 
it in the Senate. I urge my colleagues to vote ``yes'' on this 
amendment.
  Mr. President, I yield back the remainder of my time.
  The ACTING PRESIDENT pro tempore. Who yields time?
  The Senator from Maine is recognized.
  Ms. COLLINS. Mr. President, I suggest the absence of a quorum and ask 
that the time apply equally.

[[Page 5247]]

  The ACTING PRESIDENT pro tempore. There is no time on the other side.
  Ms. COLLINS. OK.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ALLARD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ALLARD. Mr. President, I ask unanimous consent to speak as in 
morning business
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The remarks of Mr. Allard pertaining to the introduction of S. 746 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. ALLARD. Mr. President, I yield the floor, and I suggest the 
absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                       Vote on Amendment No. 292

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
question is on agreeing to amendment No. 292 offered by the Senator 
from New Hampshire, Mr. Sununu.
  Mr. LIEBERMAN. Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
is a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from Connecticut (Mr. Dodd), the Senator from South Dakota 
(Mr. Johnson), the Senator from Massachusetts (Mr. Kennedy), the 
Senator from Arkansas (Mrs. Lincoln), and the Senator from Illinois 
(Mr. Obama) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Kentucky (Mr. 
Bunning), the Senator from Wyoming (Mr. Enzi), the Senator from New 
Hampshire (Mr. Gregg), the Senator from Texas (Mrs. Hutchison), the 
Senator from Arizona (Mr. Kyl), the Senator from Arizona (Mr. McCain), 
the Senator from Nebraska (Mr. Hagel), the Senator from Alaska (Ms. 
Murkowski), the Senator from Kansas (Mr. Roberts), the Senator from 
Alabama (Mr. Sessions), and the Senator from Louisiana (Mr. Vitter).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander), the Senator from Kentucky (Mr. Bunning), and the Senator 
from Alabama (Mr. Sessions) would have voted ``yea.''
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 82, nays 0, as follows:

                      [Rollcall Vote No. 57 Leg.]

                                YEAS--82

     Akaka
     Allard
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Inhofe
     Inouye
     Isakson
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--18

     Alexander
     Biden
     Bunning
     Dodd
     Enzi
     Gregg
     Hagel
     Hutchison
     Johnson
     Kennedy
     Kyl
     Lincoln
     McCain
     Murkowski
     Obama
     Roberts
     Sessions
     Vitter
  The amendment (No. 292) was agreed to.
  Mr. LIEBERMAN. Mr. President, I move to reconsider the vote.
  Mr. DURBIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 280

  The ACTING PRESIDENT pro tempore. There are now 2 minutes of debate 
on the Salazar amendment. Who yields time?
  The Senator from Colorado is recognized.
  Mr. SALAZAR. Mr. President, it is a very simple amendment that would 
create the Rural Policing Institute, which would help our rural law 
enforcement throughout the country. These men and women will help us in 
dealing with terrorism around the country.
  There is broad bipartisan support from Senator Isakson, Senator 
Chambliss, and Senator Mark Pryor, the former attorney general from 
Arkansas. I urge all my colleagues to vote yes on this amendment.
  I yield back the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Connecticut is 
recognized.
  Mr. LIEBERMAN. Mr. President, I strongly support the amendment of my 
friend from Colorado. It is a necessary and progressive step forward. I 
don't believe anybody else wants to speak on this amendment. Therefore, 
I yield back the rest of the time and I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from Connecticut (Mr. Dodd), the Senator from South Dakota 
(Mr. Johnson), the Senator from Massachusetts (Mr. Kennedy), and the 
Senator from Illinois (Mr. Obama) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Kentucky (Mr. 
Bunning), the Senator from Wyoming (Mr. Enzi), the Senator from New 
Hampshire (Mr. Gregg), the Senator from Nebraska (Mr. Hagel), the 
Senator from Texas (Mrs. Hutchison), the Senator from Arizona (Mr. 
Kyl), the Senator from Arizona (Mr. McCain), the Senator from Alaska 
(Ms. Murkowski), the Senator from Kansas (Mr. Roberts), the Senator 
from Alabama (Mr. Sessions), and the Senator from Louisiana (Mr. 
Vitter).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander), the Senator from Kentucky (Mr. Bunning), and the Senator 
from Alabama (Mr. Sessions) would have voted ``yea.''
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 82, nays 1, as follows:

                      [Rollcall Vote No. 58 Leg.]

                                YEAS--82

     Akaka
     Allard
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Inhofe
     Inouye
     Isakson
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

[[Page 5248]]



                                NAYS--1

       
     Coburn
       

                             NOT VOTING--17

     Alexander
     Biden
     Bunning
     Dodd
     Enzi
     Gregg
     Hagel
     Hutchison
     Johnson
     Kennedy
     Kyl
     McCain
     Murkowski
     Obama
     Roberts
     Sessions
     Vitter
  The amendment (No. 280) was agreed to.
  Mr. LIEBERMAN. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Ms. COLLINS. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


Amendments Nos. 305, 310, 311, 312, 317, 318, 319, 320, 300, and 309 to 
                       Amendment No. 275, En Bloc

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
pending amendments be temporarily set aside, that the following 
amendments be called up en bloc, and that the reading of the amendments 
be dispensed with: Sessions No. 305, Cornyn No. 310, Cornyn No. 311, 
and Cornyn No. 312; four Kyl amendments, No. 317, 318, 319, and 320; 
and two Grassley amendments, No. 300 and No. 309.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendments are as follows:


                           AMENDMENT NO. 305

  (Purpose: To clarify the voluntary inherent authority of States to 
assist in the enforcement of the immigration laws of the United States 
     and to require the Secretary of Homeland Security to provide 
     information related to aliens found to have violated certain 
       immigration laws to the National Crime Information Center)

       At the appropriate place, 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, 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''.


                           Amendment No. 310

  (Purpose: To strengthen the Federal Government's ability to detain 
  dangerous criminal aliens, including murderers, rapists, and child 
      molesters, until they can be removed from the United States)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           AMENDMENT NO. 311

        (Purpose: To provide for immigration injunction reform)

       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

[[Page 5249]]

     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 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).


                           AMENDMENT NO. 312

  (Purpose: To prohibit the recruitment of persons to participate in 
                               terrorism)

       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.''.


                           AMENDMENT NO. 317

   (Purpose: To prohibit the rewarding of suicide bombings and allow 
  adequate punishments for terrorist murders, kidnappings, and sexual 
                               assaults)

       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

[[Page 5250]]

     (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:

``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''.


                           amendment no. 318

              (Purpose: to protect classified information)

       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.


                           amendment no. 319

(Purpose: to provide for relief from (a)(3)(B) immigration bars for the 
 Hmong and other groups who do not pose a threat to the United States, 
 to designate the Taliban as a terrorist organization for immigration 
                   purposes, and for other purposes)

       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.

[[Page 5251]]

     Sec. 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 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 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.


                           AMENDMENT NO. 320

    (Purpose: To improve the Classified Information Procedures Act)

       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.''.

                           AMENDMENT NO. 300

 (Purpose: To clarify that the revocation of an alien's visa or other 
            documentation is not subject to judicial review)

       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.


                           Amendment No. 309

  (Purpose: To improve the prohibitions on money laundering, and for 
                            other purposes)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The ACTING PRESIDENT pro tempore. The Senator from Connecticut is 
recognized.
  Mr. LIEBERMAN. Mr. President, what is the pending business?
  The ACTING PRESIDENT pro tempore. The pending business is the 
Grassley amendment, No. 309.


                           Amendment No. 295

  Mr. LIEBERMAN. Mr. President, I wish to make two statements 
supporting the amendments of the Senator from Louisiana, Ms. Landrieu, 
submitted earlier today.
  One of the amendments, amendment No. 295, is actually identical to a 
bill Senators Landrieu, Stevens, and I introduced earlier this year 
called the Local Government Disaster Relief Act of 2007. That bill, S. 
664, would waive the 10 percent State match requirement for the 
restoration of public infrastructure under FEMA's Public Assistance 
Program.
  This amendment is identical to a bill that Senators Landrieu, 
Stevens, and I introduced earlier this year called the Local Government 
Disaster Relief Act of 2007.
  That bill, S. 664, would waive the 10 percent state match requirement 
for the restoration of public infrastructure under FEMA's Public 
Assistance Program.
  FEMA provides Federal assistance for restoring public 
infrastructure--highways, bridges, schools, utilities--that have been 
damaged in a disaster. The law requires a match of no more than 25 
percent from the States, but for rare and particularly catastrophic 
disasters, the President is authorized to waive the matching 
requirement.
  This matching requirement was waived for both Hurricane Andrew and 
the September 11 terrorist attacks. These were obviously two horrendous 
national emergencies. But the damage wrought by Hurricane Katrina was 
equally as catastrophic, and the geographic scope of the Katrina 
devastation was far worse. Over 90,000 square miles were devastated by 
Katrina and Rita combined.
  Per capita cost is the traditional measurement used when determining 
whether to waive the match. In New York, the per capita cost for 
September 11 was $390.00. In Florida, after Hurricane Andrew, the cost 
per capita was $139.00. Louisiana's cost per capita was approximately 
$6,700. This number helps illustrates the massive challenge facing the 
State, and underscores the continuing need for Federal support as the 
regions struggles to regain its footing.
  Nevertheless, FEMA is requiring Gulf Coast States to pay a 10-percent 
match. This is an enormous burden for States still picking up the 
pieces and struggling to rebuild. And CBO has scored this legislation 
at no cost to the Federal Government.
  In Louisiana, as much as $1 billion in matching funds will have to be 
repaid if this requirement stands.
  I know from several visits to the gulf coast, that the State and 
local governments--and more importantly, the people--appreciate the 
generosity the American people have shown them in the wake of this 
disaster. But we must

[[Page 5252]]

continue to demonstrate that generosity as people in the gulf States 
work to recapture their lives.
  We have asked the President to waive the 10-percent match. He has not 
responded.
  This amendment is the fair and right thing to do. It is a common 
sense, bipartisan amendment to fix a problem that never should have 
occurred in the first place. I urge every Senator to support this 
amendment to fulfill our commitment to help the gulf coast back on its 
feet.
  Senator Landrieu talked about this matter earlier in the day, and I 
believe she will return to the floor to describe it in more detail.
  Our Homeland Security and Governmental Affairs Committee held a 
hearing in New Orleans during January of this year. Progress has been 
made in recovering from Hurricane Katrina, but there is an enormous 
amount yet to be done in the Gulf Coast. Particularly in New Orleans, 
one of America's great cities, large sections now resemble a ghost 
town.
  There is a lot of bureaucratic red tape. The problem here is not that 
Congress has not responded. In fact, we have appropriated, I believe, 
well over $110 billion in the aftermath of Hurricane Katrina to the 
Gulf Coast. The problem is that so much of that money is tied up--and 
in the case of this match, a lot of the programs are tied up because 
some of the governments down there just don't have the resources to 
provide the match. The match has been waived in other natural 
disasters.
  I believe this amendment which has been offered is exactly the right 
thing to do to expedite the recovery of the Gulf Coast.


                           Amendment No. 296

  The second amendment Senator Landrieu offered is amendment No. 296, 
which I also want to support. It would allow the forgiveness of certain 
loans provided in the second Katrina supplemental appropriations bill 
passed last Congress to Gulf Coast States devastated by Hurricanes 
Katrina and Rita.
  Congress passed the supplemental appropriations bill in part to 
provide $750 million to help Gulf Coast localities recover from the 
storm, and the bill waived the respective $5 million and 25 percent 
caps because of the enormous and immediate need all of us saw. This law 
would continue that.
  I supported waiving these caps to allow for the full flow of aid. At 
the time, I did not, however, support another provision that prohibited 
forgiveness of the CDL loan as a condition for allowing funds to be 
released. The fact is that building is underway, but the recovery will 
take years, perhaps even decades.
  The Stafford Act provides for the forgiveness of these loans because 
it recognizes, in certain instances, that localities are simply unable 
to recover lost revenues. This, in turn, stops their efforts to rebuild 
and ultimately leads to longer dependence on Federal assistance. This 
amendment would allow the Gulf Coast localities--many of them so 
devastated, with their revenue bases dramatically shrunk--to continue 
their rebuilding free from the burden of repaying loans they simply, in 
fact, cannot repay.
  I thank the Chair.
  Mr. President, I suggest the absence of a quorum, unless my friend 
from South Dakota wishes to speak.
  The ACTING PRESIDENT pro tempore. The Senator from South Dakota is 
recognized.
  Mr. THUNE. I thank the Senator from Connecticut for yielding.
  Mr. President, I do have an amendment I would like to call up and ask 
for its immediate consideration. Is there an amendment pending at this 
time?
  The ACTING PRESIDENT pro tempore. There are pending amendments.
  Mr. THUNE. Mr. President, I ask unanimous consent that those 
amendments be set aside.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                 Amendment No. 308 to Amendment No. 275

  Mr. THUNE. Mr. President, I ask unanimous consent that amendment No. 
308 be called up.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from South Dakota [Mr. Thune] proposes an 
     amendment numbered 308 to amendment No. 275.

  The amendment is as follows:

 (Purpose: To expand and improve the Proliferation Security Initiative 
 while protecting the national security interests of the United States)

       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 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.

  Mr. THUNE. Mr. President, this amendment will expand and improve the 
Proliferation Security Initiative in the national security interest of 
the United States. The Proliferation Security Initiative, or PSI, is 
now 4 years old. It is a program whereby the United

[[Page 5253]]

States is working with 80 allied countries to jointly interdict 
shipments of weapons of mass destruction-related materials in a timely 
manner when critical intelligence is received about imminent transfers 
of weapons of mass destruction.
  The PSI is based on voluntary cooperation by participating countries 
and relies on the ability to react quickly to time-sensitive 
intelligence on the movement of weapons of mass destruction material. 
According to the Department of State, the Proliferation Security 
Initiative was critical in uncovering Libya's weapons of mass 
destruction program in the AQ Khan proliferation network in 2003. PSI 
halted more than two dozen weapons of mass destruction-related 
transfers from 2005 to 2006. PSI has improved the capabilities of our 
partnering countries to take coordinated action to interdict 
proliferation-related shipments.
  The House-passed version of this legislation of the 9/11 Commission 
recommendations bill, or H.R. 1, significantly changes the 
Proliferation Security Initiative in two key ways: First, the House 
would surrender the Proliferation Security Initiative to the U.N., a 
multilateral bureaucracy. Second, the House wants to give countries 
such as Russia and China veto power on U.S. national security by 
subjecting the Proliferation Security Initiative to U.N. Security 
Council approval. This is the wrong direction to take for a key U.S. 
tool in fighting the war on terror.
  For the Proliferation Security Initiative to be successful and 
intervene in time to stop shipments of weapons of mass destruction, 
there must be a rapid-response capability and flexibility to respond to 
intelligence information. H.R. 1, the House-passed version of this 
legislation, would place the Proliferation Security Initiative in a 
regulatory and inflexible straitjacket overseen by an international 
bureaucracy.
  When we receive intelligence that al-Qaeda is shipping material for a 
nuclear bomb through the waters of one of our allies, that intelligence 
demands immediate action, not deliberation and redtape. By removing the 
Proliferation Security Initiative from the safety and discretion of 
unique and bilateral relationships, the House-passed bill will likely 
reduce the willingness of other countries to cooperate, especially 
countries where cooperation could produce domestic political problems.
  The Proliferation Security Initiative is an effective means to help 
our allies use their own legal authorities to implement their 
commitments under existing multilateral nonproliferation regimes that 
include the Nuclear Suppliers Group, the Missile Technology Control 
Regime, and the Australia Group. In addition, the State Department 
believes that PSI cooperation is an effective way to implement 
countries' commitments to U.N. Security Council resolutions, such as 
Resolution 1718 on North Korea and Resolution 1737 on Iran. Turning the 
PSI into yet another multilateral regime would not only be unnecessary 
but would also be a hindrance to effective nonproliferation.
  H.R. 1, the House-passed bill, by creating a multilateral regime for 
PSI, would limit our ability to share intelligence on proliferation-
related shipments because it would subject sensitive U.S. intelligence 
sources and methods to broad international disclosure. This disclosure 
of sensitive and, at times, classified intelligence would expose our 
sources, covert agents, and methods to our enemies, including the very 
weapons of mass destruction traffickers we seek to shut down.
  H.R. 1 would require annual GAO reports on Proliferation Security 
Initiative activities even though there are already several other 
reports currently required on nonproliferation matters that are sent to 
Congress, including reports that discuss PSI-related activities, such 
as the ``Periodic Report to Congress on the National Emergency 
Regarding Proliferation of Weapons of Mass Destruction.'' Adding 
another hoop for PSI to jump through would be counterproductive, and 
annual reports on PSI may even expose PSI's methodologies to 
proliferators.
  The House-passed bill is also flawed because it would require the 
President to seek authorization from the U.N. Security Council for PSI. 
H.R. 1 implies that international law written by the U.N. Security 
Council is required to authorize U.S. measures to protect itself and 
the world from the proliferation of nuclear, biological, or chemical 
weapons. Security Council members should not be given a veto over what 
a bilateral national security program can and cannot do. As it is, 
China has refused to endorse the Proliferation Security Initiative, 
probably because Chinese traffickers are likely targets for PSI. We 
have already seen China wielding its veto power to undermine and delay 
U.S. national security priorities. Because of their objections, it took 
months of extra deliberations for the Security Council to finally 
confront the leading state sponsor of terror, probably the world's 
greatest proliferation challenge--Iran. Granting the U.N. Security 
Council an intrusive role in our national security activities would 
compromise highly sensitive intelligence.
  PSI activities already are legal. All activities are undertaken in 
full compliance with international law. PSI already cooperates well in 
its existing form with the United Nations and other international 
organizations. In 2005, the U.N. Secretary General applauded the 
efforts of the Proliferation Security Initiative to fill a gap in our 
defenses. PSI has also won European Union and G8 endorsement. Why would 
our Democratic friends in the House want to change a program so highly 
regarded by our European friends?
  Since the 9/11 terrorist attacks, the U.N. has a failing grade when 
it comes to effectively fighting the war on terror. The U.N. has failed 
to establish a comprehensive definition for terrorism. The U.N. has 
failed to fulfill its September 2005 commitment of the Summit of World 
Leaders to establish a comprehensive convention against terrorism. The 
U.N. Counter-Terrorism Committee has failed to identify terrorist 
groups and states.
  Finally, the U.N. has failed to prohibit state sponsors of terror 
from running for seats on or chairing any U.N. body, such as the Human 
Rights Council or the United Nations Disarmament Commission. In fact, 
in April of 2006, the leading weapons proliferator and state sponsor of 
terror, Iran, served as vice chair of the United Nations Disarmament 
Commission.
  The U.N. has failed to prohibit giving U.N. credentials to 
nongovernmental organizations that condone or promote terrorism or 
terrorist groups.
  H.R. 1, the House-passed version of the 9/11 Commission 
recommendations, the legislation we are considering currently in the 
Senate, returns us to the failed policy of the previous decade where 
the preference was for unenforced multilateral regimes instead of 
effective U.S. programs. H.R. 1 would be a step backward toward 
policies that left the United States vulnerable to terrorist attacks on 
9/11. I urge my colleagues to support this amendment to maintain the 
integrity of the Proliferation Security Initiative and to help keep our 
Nation secure.
  I yield the floor.
  Mr. LIEBERMAN. I thank my friend from South Dakota for his statement.
  I believe the Senator from Maryland has been here a while. If he is 
not ready to proceed, we will go to the Senator from Oklahoma, and then 
the Senator from Maryland will be next.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma is 
recognized.
  Mr. COBURN. Mr. President, I rise to support the amendment. I think 
it is important for the people of America to understand, first, what is 
at stake here and, No. 2, the tremendous failure of the U.N. in terms 
of proliferation. The best example of that right now is the enrichment 
of uranium for purposes of weapons of mass destruction by Iran. The 
reason Iran continues to do that is because two world powers, China and 
Russia, through the U.N., failed to support adequate enforcement of 
sanctions for behavior that would otherwise not allow nuclear 
proliferation.
  Senator Thune very thoroughly outlined the failures of the U.N., but 
let me outline them a little further. This country sends over $5.3 
billion a year

[[Page 5254]]

to the U.N. Our entire contribution to peacekeeping is wasted, 
according to the U.N. Inspector General's own reports. We don't get to 
find those reports because the U.N. won't be transparent on either how 
it spends its money or who gets the money it does spend or whether they 
are held accountable for it. Senator Thune outlined the effectiveness 
of this initiative by the State Department with 80 other countries. 
That is 80 countries that help us every day to interrupt, disrupt, and 
stop either the passage, transfer, or proliferation of weapons of mass 
destruction. I do not understand the motivation, why someone would want 
to take this to a bureaucracy that has proved, time and again, it fails 
to accomplish the very purposes for which it was set up--whether it be 
the rape of U.N. peacekeepers in the areas in which they are serving; 
whether it be the U.N. Oil for Food scandal, where only one person out 
of several has even been indicted in the corruption racket that was 
ongoing with that. The fact is the U.N. has failed in multiple areas at 
multiple times to accomplish the very things it set out to do.
  Senator Thune mentioned that the No. 2 position on the 
nonproliferation committee at the U.N. is chaired by none other than 
Iran. What we do know is, had adequate sanctions been applied to Iran, 
the continued enrichment of uranium would not be there. The House has 
gutted one of the most effective tools we have, in terms of 
interdicting weapons of mass destruction from across this world.
  Why is it important? Let me give an analogy. Today, when somebody 
comes into the emergency room and they are bleeding internally, we 
don't stop and have a committee meeting among doctors on what to do. 
What we do is look at the signs and symptoms we find--i.e., the 
intelligence, the actual knowledge of what is going on--and then we 
treat the condition on an emergent basis. This whole initiative will be 
gutted by bringing it to the bureaucratic process of the U.N. The thing 
that happens now is good intelligence, in terms of cooperation with 
people--the other 80 countries that are working cooperatively--
institutes action. The failure to act on internal bleeding ends up with 
death. The same thing is going to happen if we let a bureaucracy, 
dominated with a veto power by China and Russia, determine whether we 
can intercept weapons of mass destruction.
  I understand we need a world body. I understand the U.N. is that 
world body. But the U.N. has so many problems today in terms of being 
effective at what it is trying to accomplish. It is absolutely 
nontransparent with how it does that--nontransparent with how the money 
is spent and is utilized today, so that every step of the way two 
countries are blocking our attempts to block the development of weapons 
of mass destruction in Iran.
  We can let the patient die, bleed to death internally, while we have 
a committee hearing and get the approval and then get it vetoed by 
China or Russia because it plays out more powerfully to their benefit, 
or we can continue to do what we have been doing successfully 24 times 
in the last year. Twenty-four times in the last year, in coordination 
with these eight countries, based on great intelligence, we have 
interrupted or disrupted the transmission of weapons of mass 
destruction. Why would we want to get rid of that? Why did this PSI get 
started in the first place? Because of problems in the U.N. If the U.N. 
were to work as it should, there would be no need for a PSI. It will 
not and it does not because it is not necessarily to everybody's 
advantage in the U.N. that these weapons be controlled.
  I believe the House has been very shortsighted. My hope is if this is 
included when it comes out of conference, this bill is vetoed. It 
should be vetoed. It ties the hand of a President trying to do what is 
best for this country and instead makes the rest of the world have veto 
power over our ability to defend ourselves. We should never give up 
that right.
  I am very thankful Senator Thune has put this amendment on the floor 
and my hope is we will have a vote on it next week. What this bill does 
is to violate our Constitution. We give up sovereignty to protect 
ourselves by giving that sovereignty to the United Nations. That is 
something we ought not do. It would be different if the United Nations 
were transparent. It would be different if a third of peacekeeping 
funds were not wasted every year out of the billions that are spent in 
the U.N. $15 to $20 billion budget. But that is not the case. That is 
not the real world.
  Until we have cogent, realistic, proper reforms, including 
transparency, at the U.N, including equality at the U.N., including 
accountability at the U.N., we should not move any initiative affecting 
our own protection and that of those other 80 countries that are 
working with us in this regard, to give them veto power over our own 
security.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Whitehouse). The Senator from Maryland.
  Mr. CARDIN. Mr. President, I ask unanimous consent the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


       Amendments Nos. 326, 327, 328 En Bloc to Amendment No. 275

  Mr. CARDIN. I ask unanimous consent that it be in order for me to 
offer three amendments; that once they are reported by number, the 
reading be dispensed with and the amendments be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Maryland [Mr. Cardin] proposes amendments 
     Nos. 326, 327, 328, en bloc, to amendment No. 275.

  The amendments are as follows:


                           amendment no. 326

      (Purpose: To provide for a study of modification of area of 
    jurisdiction of Office of National Capital Region Coordination)

       At the end of title XV, add the following:

     SEC. __. STUDY OF MODIFICATION OF AREA OF JURISDICTION OF 
                   OFFICE OF NATIONAL CAPITAL REGION COORDINATION.

       (a) Study.--The Secretary, acting through the Director of 
     the Office of National Capital Region Coordination, shall 
     conduct a study of the feasibility and desirability of 
     modifying the definition of ``National Capital Region'' 
     applicable under section 882 of the Homeland Security Act of 
     2002 to update the geographic area under the jurisdiction of 
     the Office of National Capital Region Coordination.
       (b) Factors.--In conducting the study under subsection (a), 
     the Secretary shall analyze whether modifying the geographic 
     area under the jurisdiction of the Office of National Region 
     Coordination will--
       (1) improve coordination among State and local governments 
     within the Region, including regional governing bodies, and 
     coordination of the efforts of first responders;
       (2) enhance the ability of such State and local governments 
     and the Federal Government to prevent and respond to a 
     terrorist attack within the Region; and
       (3) affect the distribution of funding under the Homeland 
     Security Grant Program.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the study conducted under subsection (a), and 
     shall include in the report such recommendations (including 
     recommendations for legislation to amend section 882 of the 
     Homeland Security Act of 2002) as the Secretary considers 
     appropriate.


                           amendment no. 327

  (Purpose: To reform mutual aid agreements for the National Capital 
                                Region)

       At the end of title XV, add the following:

     SEC. 15__. NATIONAL CAPITAL REGION MUTUAL AID.

       Section 7302 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 5196 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``, including its agents 
     or authorized volunteers,''; and
       (B) in paragraph (5), by striking ``or town'' and all that 
     follows and inserting ``town, or other governmental agency, 
     governmental authority, or governmental institution with the 
     power to sue or be sued in its own name, within the National 
     Capital Region.'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``, the Washington Metropolitan 
     Area Transit Authority, the Metropolitan Washington Airports 
     Authority, and any other governmental agency or authority''; 
     and
       (3) in subsection (d), by striking ``or employees'' each 
     place that term appears and inserting ``, employees, or 
     agents''.

[[Page 5255]]




                           amendment no. 328

(Purpose: To require Amtrak contracts and leases involving the State of 
    Maryland to be governed by the laws of the District of Columbia)

       At the appropriate place, insert the following:

     SEC. __. APPLICABILITY OF DISTRICT OF COLUMBIA LAW.

       Section 24301 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(n) Applicability of District of Columbia Law.--In the 
     case of Maryland, any lease or contract entered into by the 
     National Railroad Passenger Corporation after the date of the 
     enactment of this subsection shall be governed by the laws of 
     the District of Columbia.''.

  Mr. CARDIN. Mr. President, if I might, I will take a moment to 
describe each of these three amendments I offered to S. 4, the 9/11 
Commission's recommendations bill. My staff is working with the 
committee staff and I am hoping these three amendments can be cleared. 
I think they strengthen the underlying bill. They deal with issues that 
are particularly of concern to the capital region, the States of 
Maryland, Virginia, and the Nation's Capital.
  My first amendment requires the Department of Homeland Security to 
study whether modifying and updating the national capital region 
boundaries would improve coordination among the State and local 
governments within the region, enhance regional governments and the 
Federal Government's ability to prevent and respond to a terrorist 
attack within the region, and affect the distribution of funding under 
the Homeland Security Grant Program.
  Congress created the national capital region boundaries as part of 
the National Capital Planning Act of 1952. We now use this definition 
in dealing with our homeland security. Obviously, there have been 
significant demographic changes since 1952.
  We all know if there is a problem in the Nation's Capital, it goes 
well beyond the immediate counties that surround the Capitol, in 
Virginia and Maryland, yet the national capital region is restricted to 
just a few counties. The purpose of this amendment is to have a study 
to see whether it would make sense for us to expand that region for the 
purposes of being better prepared to respond to emergencies. If the 
Department of Homeland Security determines it is appropriate to have 
new boundaries, we would have a chance to look at that. Those 
recommendations would be submitted to Congress.
  My second amendment is a commonsense technical amendment that 
corrects an oversight in the Intelligence Reform and Terrorist 
Prevention Act of 2004. That act contains provisions for cooperation 
along the national capital region's jurisdictions in the event of a 
regional or national emergency. As the jurisdictions began working on a 
mutual aid agreement authorized by the statute, a concern arose that 
water and wastewater utilities were not included in the original 
language. Therefore, if there were a problem in Montgomery County 
dealing with a sanitation issue, someone from Fairfax County would not 
be allowed to come in to help. That obviously makes no sense 
whatsoever. We should be able to allow the local governments to proceed 
with that type of arrangement. The mutual aid provisions in the 2004 
law allow this type of exchange of jurisdictions between firefighters, 
police, and various other emergency responders.
  The 2004 bill also explicitly allowed for employees at WMATA and the 
Airports Authority to work between jurisdictions under the provisions 
of a mutual aid agreement. My amendment would allow water and 
wastewater authorities to similarly share staff resources during an 
emergency and under the provisions of the mutual aid agreement.
  The need for this amendment was brought to my attention by the 
Metropolitan National Council of Governments. All the water and 
wastewater authorities in the Greater Washington area support this 
amendment.
  My third amendment deals with a problem that is preventing the 
Maryland Department of Transportation and Amtrak from negotiating a new 
contract for MARC trains access to the Northeast corridor and operation 
by Amtrak. The problem stems from the repeal in the Amtrak Reform and 
Accountability Act of 1997 of a provision which requires the laws of 
the District of Columbia to govern all Amtrak contracts.
  The original provision was done to create uniformity. Amtrak followed 
longstanding industry practice of agreeing to resolve disputes by 
arbitration.
  There is an inconsistency between that provision and the laws of 
Maryland, if they were to apply to dispute settlement procedures. We 
need to clarify that provision in order to move forward with these 
agreements. The repeal of the DC provision created a conflict with the 
dispute resolution clause in Maryland procurement law that requires the 
Board of Contract Appeals hear all disputes applied to all procurement 
contracts. Amtrak will not enter into an agreement with Maryland until 
the State agrees to abide by the same DC law that is still accepted in 
all other States. Amtrak and Maryland both requested that Congress 
clarify that Amtrak contracts and the laws of the District of Columbia 
govern these contracts and leases uniformly. It is critical that 
Congress act swiftly to address this problem. Maryland's current 
contract with Amtrak expires in 16 months and therefore we need to move 
quickly on this issue.
  I have conferred with the staffs of the committees. To my 
understanding, we may still need some technical clarifications to the 
technical amendment, and if that is necessary I will seek the 
appropriate consent in order to adjust the amendment to meet the needs 
and concerns that are being raised by the committee.
  I am hopeful the bill managers on both sides will find these 
amendments acceptable. I look forward to working with them. S. 4 is a 
good bill. My amendments, if agreed to, will make it better for 
Maryland, Washington, DC and Virginia. I hope we will be able to move 
accordingly.
  I yield the floor and suggest the absence of a quorum.
  The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________