[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Pages 1039-1042]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3960. Mr. KENNEDY (for himself, Mr. Kerry, and Mr. Menendez) 
submitted an amendment intended to be proposed to amendment SA 3911 
proposed by Mr. Rockefeller (for himself and Mr. Bond) to the bill S. 
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, line 13, strike ``and'' and all that follows 
     through page 10, line 5, and insert the following:
       ``(4) shall not intentionally acquire any communication as 
     to which the sender and all intended recipients are known at 
     the time of the acquisition to be located in the United 
     States; and
       ``(5) shall be conducted in a manner consistent with the 
     fourth amendment to the Constitution of the United States.
       ``(c) Conduct of Acquisition.--An acquisition authorized 
     under subsection (a) may be conducted only in accordance 
     with--
       ``(1) a certification made by the Attorney General and the 
     Director of National Intelligence pursuant to subsection (f); 
     and
       ``(2) the targeting and minimization procedures required 
     pursuant to subsections (d) and (e).
       ``(d) Targeting Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt targeting procedures that are reasonably designed 
     to ensure that any acquisition authorized under subsection 
     (a) is limited to targeting persons reasonably believed to be 
     located outside the United States and does not result in the 
     intentional acquisition of any communication as to which the 
     sender and all intended recipients are known at the time of 
     the acquisition to be located in the United States.
       ``(2) Judicial review.--The procedures referred to in 
     paragraph (1) shall be subject to judicial review pursuant to 
     subsection (h).
       ``(e) Minimization Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt, consistent with the requirements of section 
     101(h) or section 301(4), minimization procedures for 
     acquisitions authorized under subsection (a).
       ``(2) Persons in the united states.--The minimization 
     procedures required by this subsection shall require the 
     destruction, upon recognition, of any communication as to 
     which the sender and all intended recipients are known to be 
     located in the United States, a person has a reasonable 
     expectation of privacy, and a warrant would be required for 
     law enforcement purposes, unless the Attorney General 
     determines that the communication indicates a threat of death 
     or serious bodily harm to any person.
       ``(3) Judicial review.--The minimization procedures 
     required by this subsection shall be subject to judicial 
     review pursuant to subsection (h).
       ``(f) Certification.--
       ``(1) In general.--
       ``(A) Requirement.--Subject to subparagraph (B), prior to 
     the initiation of an acquisition authorized under subsection 
     (a), the Attorney General and the Director of National 
     Intelligence shall provide, under oath, a written 
     certification, as described in this subsection.
       ``(B) Exception.--If the Attorney General and the Director 
     of National Intelligence determine that immediate action by 
     the Government is required and time does not permit the 
     preparation of a certification under this subsection prior to 
     the initiation of an acquisition, the Attorney General and 
     the Director of National Intelligence shall prepare such 
     certification, including such determination, as soon as 
     possible but in no event more than 168 hours after such 
     determination is made.
       ``(2) Requirements.--A certification made under this 
     subsection shall--
       ``(A) attest that--
       ``(i) there are reasonable procedures in place for 
     determining that the acquisition authorized under subsection 
     (a) is targeted at persons reasonably believed to be located 
     outside the United States and that such procedures have been 
     approved by, or will be submitted in not more than 5 days for 
     approval by, the Foreign Intelligence Surveillance Court 
     pursuant to subsection (h);
       ``(ii) there are reasonable procedures in place for 
     determining that the acquisition authorized under subsection 
     (a) does not result in the intentional acquisition of any 
     communication as to which the sender and all intended 
     recipients are known at the time of the acquisition to be 
     located in the United States, and that such procedures have 
     been approved by, or will be submitted in not more than 5 
     days for approval by, the Foreign Intelligence Surveillance 
     Court pursuant to subsection (h);
       ``(iii) the procedures referred to in clauses (i) and (ii) 
     are consistent with the requirements of the fourth amendment 
     to the Constitution of the United States and do not permit 
     the intentional targeting of any person who is known at the 
     time of acquisition to be located in the United States or the 
     intentional acquisition of any communication as to which the 
     sender and all intended recipients are known at the time of 
     acquisition to be located in the United States;
       ``(iv) a significant purpose of the acquisition is to 
     obtain foreign intelligence information;
       ``(v) the minimization procedures to be used with respect 
     to such acquisition--

       ``(I) meet the definition of minimization procedures under 
     section 101(h) or section 301(4); and
       ``(II) have been approved by, or will be submitted in not 
     more than 5 days for approval by, the Foreign Intelligence 
     Surveillance Court pursuant to subsection (h);

       ``(vi) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of an 
     electronic communication service provider; and
       ``(vii) the acquisition does not constitute electronic 
     surveillance, as limited by section 701; and
                                 ______
                                 
  SA 3961. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901 ANNUAL REPORT RELATING TO LAND OWNED BY FEDERAL 
                   GOVERNMENT.

       (a) Annual Report.--
       (1) In general.--Subject to paragraph (2), not later than 
     May 15, 2009, and annually thereafter, the Director of the 
     Office of Management and Budget (referred to in this section 
     as the ``Director'') shall ensure that a report that contains 
     the information described in subsection (b) is posted on a 
     publicly available website.
       (2) Extension relating to certain segment of report.--With 
     respect to the date

[[Page 1040]]

     on which the first annual report is required to be posted 
     under paragraph (1), if the Director determines that an 
     additional period of time is required to gather the 
     information required under subsection (b)(3)(B), the Director 
     may--
       (A) as of the date described in paragraph (1), post each 
     segment of information required under paragraphs (1), (2), 
     and (3)(A) of subsection (b); and
       (B) as of May 15, 2010, post the segment of information 
     required under subsection (b)(3)(B).
       (b) Required Information.--An annual report described in 
     subsection (a) shall contain, for the period covered by the 
     report--
       (1) a description of the total quantity of--
       (A) land located within the jurisdiction of the United 
     States, to be expressed in acres;
       (B) the land described in subparagraph (A) that is owned by 
     the Federal Government, to be expressed--
       (i) in acres; and
       (ii) as a percentage of the quantity described in 
     subparagraph (A); and
       (C) the land described in subparagraph (B) that is located 
     in each State, to be expressed, with respect to each State--
       (i) in acres; and
       (ii) as a percentage of the quantity described in 
     subparagraph (B);
       (2) a description of the total annual cost to the Federal 
     Government for maintaining all parcels of administrative land 
     and all administrative buildings or structures under the 
     jurisdiction of each Federal agency; and
       (3) a list and detailed summary of--
       (A) with respect to each Federal agency--
       (i) the number of unused or vacant assets;
       (ii) the replacement value for each unused or vacant asset;
       (iii) the total operating costs for each unused or vacant 
     asset; and
       (iv) the length of time that each type of asset described 
     in clause (i) has been unused or vacant, organized in 
     categories comprised of periods of--

       (I) not more than 1 year;
       (II) not less than 1, but not more than 2, years; and
       (III) not less than 2 years; and

       (B) the estimated costs to the Federal Government of the 
     maintenance backlog of each Federal agency, to be--
       (i) organized in categories comprised of buildings and 
     structures; and
       (ii) expressed as an aggregate cost.
       (c) Use of Existing Annual Reports.--An annual report 
     required under subsection (a) may be comprised of any annual 
     report relating to the management of Federal real property 
     that is published by a Federal agency.
                                 ______
                                 
  SA 3962. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901. WRITTEN CONSENT REQUIREMENT.

       (a) In General.--Subject to subsections (b) and (c), the 
     Department of the Interior, the Department of Energy, and the 
     Forest Service, acting individually or in coordination, shall 
     not assume control of any parcel of land located in a State 
     unless the owner of the parcel of land voluntarily provides 
     to the appropriate Federal agency written consent to sell, 
     exchange, or otherwise convey to the Federal agency the 
     parcel of land.
       (b) National Emergencies.--The requirement described in 
     subsection (a) shall not apply in the case of a national 
     emergency, as determined by the President.
       (c) Private Landowners.--The requirement described in 
     subsection (a) shall not apply in the case of an exchange 
     between a private landowner and the Federal Government of a 
     parcel of land.
                                 ______
                                 
  SA 3963. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901. REQUIREMENT OF APPROVAL OF CERTAIN CITIZENS.

       (a) In General.--Subject to subsections (b) and (c), the 
     Department of the Interior, the Department of Energy, and the 
     Forest Service, acting individually or in coordination, shall 
     not assume control of any parcel of land located in a State 
     unless the citizens of each political subdivision of the 
     State in which a portion of the parcel of land is located 
     approve the assumption of control by a referendum.
       (b) National Emergencies.--The requirement described in 
     subsection (a) shall not apply in the case of a national 
     emergency, as determined by the President.
       (c) Private Landowners.--The requirement described in 
     subsection (a) shall not apply in the case of an exchange 
     between a private landowner and the Federal Government of a 
     parcel of land.
       (d) Duration of Approval.--
       (1) In general.--With respect to a parcel of land described 
     in subsection (a), the approval of the citizens of each 
     political subdivision in which a portion of the parcel of 
     land is located terminates on the date that is 10 years after 
     the date on which the citizens of each political subdivision 
     approve the control of the parcel of land by the Department 
     of the Interior, the Department of Energy, or the Forest 
     Service under that subsection.
       (2) Renewal of approval.--With respect to a parcel of land 
     described in subsection (a), the Department of the Interior, 
     the Department of Energy, or the Forest Service, as 
     applicable, may renew, by referendum, the approval of the 
     citizens of each political subdivision in which a portion of 
     the parcel of land is located.
                                 ______
                                 
  SA 3964. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 172, between lines 16 and 17, insert the following:

Subtitle G--Notification and Consent Requirements Relating to National 
                             Heritage Areas

     SEC. 491. NOTIFICATION REQUIREMENT.

       The Secretary of the Interior shall not approve a 
     management plan for a National Heritage Area designated by 
     this title unless the local coordinating entity of the 
     proposed National Heritage Area provides written notification 
     through the United States mail of the designation to each 
     individual who resides, or owns property that is located, in 
     the proposed National Heritage Area.

     SEC. 492. WRITTEN CONSENT REQUIREMENT.

       With respect to each National Heritage Area designated by 
     this title, no employee of the National Park Service or 
     member of the local coordinating entity of the National 
     Heritage Area (including any designee of the National Park 
     Service or the local coordinating entity) may enter a parcel 
     of private property located in the proposed National Heritage 
     Area without the written consent of the owner of the parcel 
     of property.
                                 ______
                                 
  SA 3965. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 172, between lines 16 and 17, insert the following:

 Subtitle G--Condition for Effective Date of Certain Sections Relating 
           to Designation of Certain National Heritage Areas

     SEC. 491 CERTIFICATION BY PRESIDENT.

       Each designation made by sections 403, 423, and 443 shall 
     not take effect until the date on which the President 
     certifies that--
       (1) the designation of each proposed National Heritage Area 
     by this title will not cause an adverse impact on--
       (A) agricultural or livestock production within the 
     proposed National Heritage Area;
       (B) energy exploration and production within the proposed 
     National Heritage Area;
       (C) critical infrastructure located within the proposed 
     National Heritage Area, including the placement and 
     maintenance of--
       (i) electric transmission and distribution lines (including 
     related infrastructure); and
       (ii) natural gas pipelines (including related 
     infrastructure); and
       (D) the affordability of housing; and
       (2) with respect to each State in which there is located a 
     proposed National Heritage Area that is designated by this 
     title, the total deferred maintenance backlog of the State is 
     an amount not greater than $50,000,000, as reported by the 
     Director of the National Park Service to the Federal 
     Accounting Standards Advisory Board.
                                 ______
                                 
  SA 3966. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                 TITLE IX--DISPOSITION OF CERTAIN FUNDS

     SEC. 901 CANDIDATE ASSET DISPOSITION LIST.

       For fiscal year 2008, and each fiscal year thereafter, 
     amounts made available to be used by the Director of the 
     National Park Service to dispose of assets described in the 
     candidate asset disposition list of the National Park Service 
     shall be equal to 1 percent of, and derived by transfer from, 
     all amounts made available to carry out Titles I, II, III and 
     IV of this Act for each such fiscal year.
                                 ______
                                 
  SA 3967. Mr. COBURN submitted an amendment intended to be proposed by

[[Page 1041]]

him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901. USE OF FIREARMS IN UNITS OF THE NATIONAL PARK 
                   SYSTEM AND THE NATIONAL WILDLIFE REFUGE SYSTEM.

       (a) Findings.--Congress finds that--
       (1) the second amendment to the Constitution provides that 
     ``the right of the people to keep and bear Arms, shall not be 
     infringed'';
       (2) section 2.4(a)(1) of title 36, Code of Federal 
     Regulations, provides that ``except as otherwise provided in 
     this section and parts 7 (special regulations) and 13 (Alaska 
     regulations), the following are prohibited: (i) Possessing a 
     weapon, trap or net (ii) Carrying a weapon, trap or net (iii) 
     Using a weapon, trap or net'';
       (3) section 27.42 of title 50, Code of Federal Regulations, 
     provides that, except in special circumstances, citizens of 
     the United States may not ``possess, use, or transport 
     firearms on national wildlife refuges'' of the United States 
     Fish and Wildlife Service;
       (4) the regulations described in paragraphs (2) and (3) 
     prevent individuals complying with Federal and State laws 
     from exercising the second amendment rights of the 
     individuals while at units of--
       (A) the National Park System; and
       (B) the National Wildlife Refuge System;
       (5) the existence of different laws relating to the 
     transportation and possession of firearms at different units 
     of the National Park System and the National Wildlife Refuge 
     System entraps law-abiding gun owners while at units of the 
     National Park System and the National Wildlife Refuge System; 
     and
       (6) the Federal laws should make it clear that the second 
     amendment rights of an individual at a unit of the National 
     Park System or the National Wildlife Refuge System should not 
     be infringed.
       (b) Protecting the Right of Individuals To Bear arms in 
     Units of the National Park System and the National Wildlife 
     Refuge System.--The Secretary of the Interior shall not 
     promulgate or enforce any regulation that prohibits an 
     individual from possessing a firearm in any unit of the 
     National Park System or the National Wildlife Refuge System 
     if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     law of the State in which the unit of the National Park 
     System or the National Wildlife Refuge System is located.
                                 ______
                                 
  SA 3968. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2483, to authorize certain programs and activities 
in the Forest Service, the Department of the Interior, and the 
Department of Energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 98, between lines 18 and 19, insert the following:

                       Subtitle I--Miscellaneous

     SEC. 381. REQUIREMENTS RELATING TO STUDIES AND COMMISSIONS.

       (a) Recommendations.--
       (1) Definition of cost-neutral.--In this subsection, the 
     term ``cost-neutral'' means an outcome that does not require 
     an increase or decrease in spending by the Federal 
     Government.
       (2) Cost-neutral requirement.--Each recommendation 
     contained in a study carried out in accordance with subtitle 
     C, or made by a commission established under, or amended by, 
     subtitle D, shall result in an outcome that will--
       (A) be cost-neutral; or
       (B) result in a net reduction of costs to the Federal 
     Government.
       (b) Conflicts of Interest.--An individual who is selected 
     to contribute to a study carried out in accordance with 
     subtitle C, or to serve as a member of a commission 
     established under, or amended by, subtitle D, shall not have 
     a financial conflict of interest with respect to the subject 
     matter of the commission or the study.
       (c) Public Access.--
       (1) In general.--The proceedings relating to each study 
     carried out in accordance with subtitle C, and of each 
     commission established under, or amended by, subtitle D, 
     shall be open to the public.
       (2) Minutes of proceedings.--The minutes of each proceeding 
     described in paragraph (1) shall be made available on the 
     public website of an appropriate Federal agency in a 
     searchable, electronic format.
       (d) Termination.--Each study carried out in accordance with 
     subtitle C, and each commission established under, or amended 
     by, subtitle D, shall terminate not later than 5 years after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 3969. Mr. SANDERS (for himself, Ms. Snowe, Mr. Leahy, Mr. Smith, 
Mr. Schumer, Ms. Collins, Mr. Kennedy, Mr. Kerry, Ms. Cantwell, Mrs. 
Murray, Mrs. Lincoln, Mr. Obama, Mrs. Clinton, and Ms. Stabenow) 
submitted an amendment intended to be proposed to amendment SA 3911 
proposed by Mr. Rockefeller (for himself and Mr. Bond) to the bill S. 
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III, insert the following:

     SEC. 3__. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $400,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $400,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.
                                 ______
                                 
  SA 3970. Mr. SANDERS (for himself, Ms. Snowe, Mr. Leahy, Mr. Smith, 
Mr. Schumer, Ms. Collins, Mr. Kennedy, Mr. Kerry, Ms. Cantwell, Mrs. 
Murray, Mrs. Lincoln, Mr. Obama, Mrs. Clinton, and Ms. Stabenow) 
submitted an amendment intended to be proposed to amendment SA 3918 
proposed by Mr. Reid to the bill S. 2248, to amend the Foreign 
Intelligence Surveillance Act of 1978, to modernize and streamline the 
provisions of that Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the matter proposed to be inserted, insert 
     the following:

     SEC. __. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $400,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $400,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.
                                 ______
                                 
  SA 3971. Mr. SANDERS (for himself, Ms. Snowe, Mr. Leahy, Mr. Smith, 
Mr. Schumer, Ms. Collins, Mr. Kennedy, Mr. Kerry, Ms. Cantwell, Mrs. 
Murray, Mrs. Lincoln, Mr. Obama, Mrs. Clinton, and Ms. Stabenow) 
submitted an amendment intended to be proposed by him to the bill S. 
2556, to extend the provisions of the Protect America Act of 2007 for 
an additional 30 days; which was ordered to lie on the table; as 
follows:

       At the end, insert the following:

     SEC. ___. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $400,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $400,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.

[[Page 1042]]



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