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

TEXT OF AMENDMENTS

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

At the appropriate place, insert the following:

SEC. __. INTERVIEWS OF VISA APPLICANTS.

Section 222 of the Immigration and Nationality Act (8
U.S.C. 1202) is amended by adding at the end the following
new subsection:
``(i) Interviews for Visa Applicants.--
``(1) Authority to utilize videoconferencing.--For purposes
of subsection (h), the term `in person interview' shall
include an interview conducted via videoconference or similar
technology after the date that the Secretary of State
certifies to the Secretary of Homeland Security that security
measures and audit mechanisms have been implemented to ensure
that biometrics collected for a visa applicant during an
interview via videoconference or similar technology are those
of the visa applicant.
``(2) Pilot program to permit mobile visa interviews.--The
Secretary of State is authorized to carry out a pilot program
to conduct visa interviews via the use of mobile teams of
consular officials after the date that the Secretary of State
certifies to the Secretary of Homeland Security that such a
pilot program may be carried out without jeopardizing the
integrity of the visa interview process.''.
______

SA 289. Mrs. FEINSTEIN submitted an amendment intended to be proposed

[[Page S2518]]

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

At the end of title XI, insert the following:

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

(a) Clarification of Definition of Congressional
Intelligence Committees To Include All Members of
Committees.--Section 3(7) of the National Security Act of
1947 (50 U.S.C. 401a(7)) is amended--
(1) in subparagraph (A), by inserting ``, and includes each
member of the Select Committee'' before the semicolon; and
(2) in subparagraph (B), by inserting ``, and includes each
member of the Permanent Select Committee'' before the period.
(b) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of such Act (50 U.S.C. 413a)
is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Notice on Information Not Disclosed.--(1) If the
Director of National Intelligence or the head of a
department, agency, or other entity of the United States
Government does not provide information required by
subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, the Director shall, in
a timely fashion, provide written notification to all the
members of such committees of the determination not to
provide such information in full or to all members of such
committees. Such notice shall include a statement of the
reasons for such determination and a description that
provides the main features of the intelligence activities
covered by such determination.
``(2) Nothing in this subsection shall be construed as
authorizing less than full and current disclosure to all the
members of the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives of any information necessary to keep
all the members of such committees fully and currently
informed on all intelligence activities covered by this
section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(c) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new paragraph:
``(2) Any report relating to a covert action that is
submitted to the congressional intelligence committees for
the purposes of paragraph (1) shall be in writing, and shall
contain the following:
``(A) A concise statement of any facts pertinent to such
report.
``(B) An explanation of the significance of the covert
action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following
new paragraph:
``(5) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by
subsection (b)(2) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, for the reason
specified in paragraph (2), the Director shall, in a timely
fashion, provide written notification to all the members of
such committees of the determination not to provide such
information in full or to all members of such committees.
Such notice shall include a statement of the reasons for such
determination and a description that provides the main
features of the covert actions covered by such
determination.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such
section is amended by striking ``significant'' the first
place it appears.

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

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

______

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

At the appropriate place, insert the following:

SEC. __. QUADRENNIAL HOMELAND DEFENSE REVIEW.

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

[[Page S2519]]

Committee on Homeland Security of the House of
Representatives a detailed resource plan specifying the
estimated budget and number of staff members that will be
required for preparation of the initial quadrennial homeland
defense review.

______

SA 291. Mr. SUNUNU proposed an amendment to amendment SA 275 proposed
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill
S. 4, to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

On page 121, between lines 2 and 3, insert the following:
``(k) Rule of Construction.--Nothing in this section shall
be construed or interpreted to preclude the use of funds
under this section by a State for interim or long-term
Internet Protocol-based interoperable solutions,
notwithstanding compliance with the Project 25 standard.''.
______

SA 292. Mr. SUNUNU proposed an amendment to amendment SA 275 proposed
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill
S. 4, to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

On page 361, between lines 13 and 14, insert the following:
(c) International Negotiations to Remedy Situation.--Not
later than 90 days after the date of enactment of this Act,
the Secretary of the Department of State shall report to
Congress on--
(1) the current process for considering applications by
Canada for frequencies and channels by United States
communities above Line A;
(2) the status of current negotiations to reform and revise
such process;
(3) the estimated date of conclusion for such negotiations;
(4) whether the current process allows for automatic
denials or dismissals of initial applications by the
Government of Canada, and whether such denials or dismissals
are currently occurring; and
(5) communications between the Department of State and the
Federal Communications Commission pursuant to subsection
(a)(3).
______

SA 293. Mr. GRASSLEY (for himself, Ms. Landrieu, Mr. Isakson, and Mr.
Akaka) submitted an amendment intended to be proposed by him to the
bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE _--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

SEC. _01. SHORT TITLE.

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

SEC. _02. FINDINGS; SENSE OF CONGRESS.

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

SEC. _03. ORGANIZATION.

Section 300101 of title 36, United States Code, is
amended--
(1) in subsection (a), by inserting ``a Federally chartered
instrumentality of the United States and'' before ``a body
corporate and politic''; and

[[Page S2520]]

(2) in subsection (b), by inserting at the end the
following new sentence: ``The corporation may conduct its
business and affairs, and otherwise hold itself out, as the
`American Red Cross' in any jurisdiction.''.

SEC. _04. PURPOSES.

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

SEC. _05. MEMBERSHIP AND CHAPTERS.

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

SEC. _06. BOARD OF GOVERNORS.

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

``Sec. 300104. Board of governors

``(a) Board of Governors.--
``(1) In general.--The board of governors is the governing
body of the corporation with all powers of governing and
directing, and of overseeing the management of the business
and affairs of, the corporation.
``(2) Number.--The board of governors shall fix by
resolution, from time to time, the number of members
constituting the entire board of governors, provided that--
``(A) as of March 31, 2009, and thereafter, there shall be
no fewer than 12 and no more than 25 members; and
``(B) as of March 31, 2012, and thereafter, there shall be
no fewer than 12 and no more than 20 members constituting the
entire board.
Procedures to implement the preceding sentence shall be
provided in the bylaws.
``(3) Appointment.--The governors shall be appointed or
elected in the following manner:
``(A) Chairman.--
``(i) In general.--The board of governors, in accordance
with procedures provided in the bylaws, shall recommend to
the President an individual to serve as chairman of the board
of governors. If such recommendation is approved by the
President, the President shall appoint such individual to
serve as chairman of the board of governors.
``(ii) Vacancies.--Vacancies in the office of the chairman,
including vacancies resulting from the resignation, death, or
removal by the President of the chairman, shall be filled in
the same manner described in clause (i).
``(iii) Duties.--The chairman shall be a member of the
board of governors and, when present, shall preside at
meetings of the board of governors and shall have such other
duties and responsibilities as may be provided in the bylaws
or a resolution of the board of governors.
``(B) Other members.--
``(i) In general.--Members of the board of governors other
than the chairman shall be elected at the annual meeting of
the corporation in accordance with such procedures as may be
provided in the bylaws.
``(ii) Vacancies.--Vacancies in any such elected board
position and in any newly created board position may be
filled by a vote of the remaining members of the board of
governors in accordance with such procedures as may be
provided in the bylaws.
``(b) Terms of Office.--
``(1) In general.--The term of office of each member of the
board of governors shall be 3 years, except that--
``(A) the board of governors may provide under the bylaws
that the terms of office of members of the board of governors
elected to the board of governors before March 31, 2012, may
be less than 3 years in order to implement the provisions of
subparagraphs (A) and (B) of subsection (a)(2); and
``(B) any member of the board of governors elected by the
board to fill a vacancy in a board position arising before
the expiration of its term may, as determined by the board,
serve for the remainder of that term or until the next annual
meeting of the corporation.
``(2) Staggered terms.--The terms of office of members of
the board of governors (other than the chairman) shall be
staggered such that, by March 31, 2012, and thereafter, \1/3\
of the entire board (or as near to \1/3\ as practicable)
shall be elected at each successive annual meeting of the
corporation with the term of office of each member of the
board of governors elected at an annual meeting expiring at
the third annual meeting following the annual meeting at
which such member was elected.
``(3) Term limits.--No person may serve as a member of the
board of governors for more than such number of terms of
office or years as may be provided in the bylaws.
``(c) Committees and Officers.--The board--
``(1) may appoint, from its own members, an executive
committee to exercise such powers of the board when the board
is not in session as may be provided in the bylaws;
``(2) may appoint such other committees or advisory
councils with such powers as may be provided in the bylaws or
a resolution of the board of governors;
``(3) shall appoint such officers of the corporation,
including a chief executive officer, with such duties,
responsibilities, and terms of office as may be provided in
the bylaws or a resolution of the board of governors; and
``(4) may remove members of the board of governors (other
than the chairman), officers, and employees under such
procedures as may be provided in the bylaws or a resolution
of the board of governors.
``(d) Advisory Council.--
``(1) Establishment.--There shall be an advisory council to
the board of governors.
``(2) Membership; appointment by president.--
``(A) In general.--The advisory council shall be composed
of no fewer than 8 and no more than 10 members, each of whom
shall be appointed by the President from principal officers
of the executive departments and senior officers of the Armed
Forces whose positions and interests qualify them to
contribute to carrying out the programs and purposes of the
corporation.
``(B) Members from the armed forces.--At least 1, but not
more than 3, of the members of the advisory council shall be
selected from the Armed Forces.
``(3) Duties.--The advisory council shall advise, report
directly to, and meet, at least 1 time per year with the
board of governors, and shall have such name, functions and
be subject to such procedures as may be provided in the
bylaws.
``(e) Action Without Meeting.--Any action required or
permitted to be taken at any meeting of the board of
governors or of any committee thereof may be taken without a
meeting if all members of the board or committee, as the case
may be, consent thereto in writing, or by electronic
transmission and the writing or writings or electronic
transmission or transmissions are filed with the minutes of
proceedings of the board or committee. Such filing shall be
in paper form if the minutes are maintained in paper form and
shall be in electronic form if the minutes are maintained in
electronic form.
``(f) Voting by Proxy.--
``(1) In general.--Voting by proxy is not allowed at any
meeting of the board, at the annual meeting, or at any
meeting of a chapter.
``(2) Exception.--The board may allow the election of
governors by proxy during any emergency.
``(g) Bylaws.--
``(1) In general.--The board of governors may--
``(A) at any time adopt bylaws; and
``(B) at any time adopt bylaws to be effective only in an
emergency.
``(2) Emergency bylaws.--Any bylaws adopted pursuant to
paragraph (1)(B) may provide special procedures necessary for
managing the corporation during the emergency. All provisions
of the regular bylaws consistent with the emergency bylaws
remain effective during the emergency.
``(h) Definitions.--For purposes of this section--
``(1) the term `entire board' means the total number of
members of the board of governors that the corporation would
have if there were no vacancies; and
``(2) the term `emergency' shall have such meaning as may
be provided in the bylaws.''.

SEC. _07. POWERS.

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

SEC. _08. ANNUAL MEETING.

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

``Sec. 300107. Annual meeting

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

SEC. _09. ENDOWMENT FUND.

Section 300109 of title 36, United States Code is amended--
(1) by striking ``nine'' from the first sentence thereof;
and

[[Page S2521]]

(2) by striking the second sentence and inserting the
following: ``The corporation shall prescribe policies and
regulations on terms and tenure of office, accountability,
and expenses of the board of trustees.''.

SEC. _10. ANNUAL REPORT AND AUDIT.

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

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

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

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

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

``Sec. 300112. Office of the Ombudsman

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

``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.
______

SA 294. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

After title XV, add the following:

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

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

The provisions of this Act (including the amendments made
by this Act) shall cease to have any force or effect on and
after December 31, 2012.
______

SA 295. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title XV, add the following:

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

(a) In General.--Notwithstanding any other provision of
law, the Federal share of any assistance provided under
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) because of
Hurricane Katrina of 2005 or Hurricane Rita of 2005 shall be
100 percent.
(b) Effective Date.--This section shall apply to any
assistance provided under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) on or after August 28, 2005.
______

SA 296. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. ____. CANCELLATION OF LOANS.

(a) In General.--Section 2(a) of the Community Disaster
Loan Act of 2005 (Public Law 109-88; 119 Stat. 2061) is
amended by striking ``Provided further, That notwithstanding
section 417(c)(1) of the Stafford Act, such loans may not be
canceled:''.
(b) Disaster Assistance Direct Loan Program Account.--
Chapter 4 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471)
is amended under the heading ``disaster assistance direct
loan program account'' under the heading ``Federal Emergency
Management Agency'' under the heading ``DEPARTMENT OF
HOMELAND SECURITY'', by striking ``Provided further, That
notwithstanding section 417(c)(1) of such Act, such loans may
not be canceled:''.
(c) Effective Date.--The amendments made by this section
shall be effective on the date of enactment of the Community
Disaster Loan Act of 2005 (Public Law 109-88; 119 Stat.
2061).
______

SA 297. Mr. KERRY (for himself, Mr. Lautenberg, and Ms. Snowe)
submitted an amendment intended to be proposed to amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

(a) In General.--Section 114 of title 49, United States
Code, is amended by striking subsection (o) and redesignating
subsections (p) through (t) as subsections (o) through (s),
respectively.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of
this Act.
______

SA 298. Mr. SCHUMER (for himself, Mr. Menendez, Mrs. Clinton, Mr.
Kennedy, Mr. Lautenberg, and Mr. Biden) proposed to amendment to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes:

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

TITLE XV--STRENGTHENING THE SECURITY OF CARGO CONTAINERS

SEC. ___. DEADLINE FOR SCANNING ALL CARGO CONTAINERS.

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

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

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

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

``(D) Definition.--In subparagraph (C), the term `Exclusive
Economic Zone of the United States' has the meaning provided
such term in section 107 of title 46, United States Code.
``(b) Regulations; Application.--
``(1) Regulations.--
``(A) Interim final rule.--Consistent with the results of
and lessons derived from the

[[Page S2522]]

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

``Sec. 232A. Deadline for scanning all cargo containers.''.
______

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

At the end of the amendment, insert the following:

TITLE XIV--911 MODERNIZATION

SEC. 1401. SHORT TITLE.

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

SEC. 1402. FUNDING FOR PROGRAM.

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

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

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

______

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

At the appropriate place, insert the following:

SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.

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

______

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

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

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

(a) Definitions.--In this section, the term--
(1) ``appropriate committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Government Reform of the
House of Representatives; and
(2) ``improper payment'' has the meaning given that term
under section 2(d)(2) of the Improper Payments Information
Act of 2002 (31 U.S.C. 3321 note).
(b) Requirement for Compliance Certification and Report.--A
grant recipient of funds received under any grant program
administered by the Department may not expend such funds,
until the Secretary submits a report to the appropriate
committees that--
(1) contains a certification that the Department has for
each program and activity of the Department--
(A) performed and completed a risk assessment to determine
programs and activities that are at significant risk of
making improper payments; and
(B) estimated the total number of improper payments for
each program and activity determined to be at significant
risk of making improper payments; and
(2) describes the actions to be taken to reduce improper
payments for the programs and activities determined to be at
significant risk of making improper payments.
______

SA 302. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

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

The Assistant Secretary of Homeland Security
(Transportation Security Administration), shall establish a
pilot program at a small hub airport, a medium hub airport,
and a large hub airport (as those terms are defined in
paragraphs (42), (31), and (29), respectively, of section
40102 of title 49, United States Code) for training students
to perform screening of passengers and property under section
44901 of title 49, United States Code. The program shall be
an internship for pre-employment training of final-year
students from public and private secondary schools located in
nearby communities. Under the program, participants shall
be--
(1) compensated for training and services time while
participating in the program: and
(2) required to agree, as a condition of participation in
the program, to accept employment as a screener upon
successful completion of the internship and upon graduation
from the secondary school.

[[Page S2523]]

______

SA 303. Mr. KENNEDY (for himself, Mr. Coleman, and Mr. Kyl) submitted
an amendment intended to be proposed to amendment SA 275 proposed by
Mr. Reid (for himself, Mr. Lieberman, and Ms. collins) to the bill S.
4, to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

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

(a) Hoax Statute.--Section 1038 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), after ``title 49,'' insert ``or any
other offense listed under section 2332b(g)(5)(B) of this
title,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``5 years'' and
inserting ``10 years''; and
(ii) in subparagraph (B), by striking ``20 years'' and
inserting ``25 years''; and
(2) by amending subsection (b) to read as follows:
``(b) Civil Action.--
``(1) In general.--Whoever engages in any conduct with
intent to convey false or misleading information under
circumstances where such information may reasonably be
believed and where such information indicates that an
activity has taken, is taking, or will take place that would
constitute an offense listed under subsection (a)(1) is
liable in a civil action to any party incurring expenses
incident to any emergency or investigative response to that
conduct, for those expenses.
``(2) Effect of conduct.--
``(A) In general.--A person described in subparagraph (B)
is liable in a civil action to any party described in
subparagraph (B)(ii) for any expenses that are incurred by
that party--
``(i) incident to any emergency or investigative response
to any conduct described in subparagraph (B)(i); and
``(ii) after the person that engaged in that conduct should
have informed that party of the actual nature of the
activity.
``(B) Applicability.--A person described in this
subparagraph is any person that--
``(i) engages in any conduct that has the effect of
conveying false or misleading information under circumstances
where such information may reasonably be believed and where
such information indicates that an activity has taken, is
taking, or will take place that would constitute an offense
listed under subsection (a)(1);
``(ii) receives notice that another party believes that the
information indicates that such an activity has taken, is
taking, or will take place; and
``(iii) after receiving such notice, fails to promptly and
reasonably inform any party described in subparagraph (B) of
the actual nature of the activity.''.
(b) Threatening Communications.--
(1) Mailed within the united states.--Section 876 of title
18, United States Code, is amended by adding at the end
thereof the following new subsection:
``(e) For purposes of this section, the term `addressed to
any other person' includes an individual (other than the
sender), a corporation or other legal person, and a
government or agency or component thereof.''.
(2) Mailed to a foreign country.--Section 877 of title 18,
United States Code, is amended by adding at the end thereof
the following new paragraph:
``For purposes of this section, the term `addressed to any
person' includes an individual, a corporation or other legal
person, and a government or agency or component thereof.''.
______

SA 304. Mr. SESSIONS (for himself, Mr. Inhofe, Mr. Craig, Mr. Coburn,
and Mr. Isakson) submitted an amendment intended to be proposed to
amendment SA 281 submitted by Mr. Bingaman (for himself and Mr.
Domenici) to the amendment SA 275 proposed by Mr. Reid (for himself,
Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the United
States more secure by implementing unfinished recommendations of the 9/
11 Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

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

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

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

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

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

SA 305. Mr. SESSIONS (for himself, Mr. Inhofe, Mr. Craig, Mr. Coburn,
and Mr. Isakson) submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

[[Page S2524]]

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

______

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

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

Subtitle D--Transport of High Hazard Materials

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

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

______

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

On page 305, strike lines 8 through 15 and insert the
following:
(v) technology that allows the installation by a motor
carrier of concealed electronic devices on commercial motor
vehicles that can be activated by law enforcement authorities
and alert emergency response resources to locate and recover
high hazard materials in the event of loss or theft of such
materials and consider the addition of this type of
technology to the required communications technology
attributes under paragraph (1).
______

SA 308. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROLIFERATION SECURITY INITIATIVE.

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

[[Page S2525]]

(A) establish a comprehensive definition of terrorism that
condemns all acts by individuals, resistance movements or
other irregular military groups, or nations intended to cause
death or serious injury to civilians or non-combatants with
the purpose of intimidating a population or compelling a
government to do or abstain from doing any act;
(B) fulfill the September 2005 commitment of the Summit of
World Leaders to establish a comprehensive convention against
terrorism;
(C) have the United Nations Counter-Terrorism Committee
establish a list of individuals, organizations, and states
that commit terrorist acts or support terrorist groups and
activities;
(D) prohibit states under sanction for human rights abuses
or terrorism by the United Nations Security Council from
running for seats on or chairing any United Nations body,
such as the Human Rights Council or the United Nations
Disarmament Commission;
(E) prohibit member states in violation of Chapter 7 of the
United Nations Charter and seen as a threat to international
security and peace from sitting as non-permanent members of
the United Nations Security Council; and
(F) prohibit giving United Nations credentials to
nongovernmental organizations that promote or condone
terrorism or terrorist groups.
(6) Formalizing the PSI into a multilateral regime would
severely hamper PSI's flexibility and ability to adapt to
changing conditions.
(b) Strengthening the Proliferation Security Initiative.--
The President is not authorized to--
(1) seek to subject the Proliferation Security Initiative
to any authority, oversight, or resolution of the United
Nations Security Council, international law, an international
organization, agency, or tribunal, or the government of any
country not participating in the Proliferation Security
Initiative; or
(2) formalize the Proliferation Security Initiative into a
multilateral regime.

______

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

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

TITLE XVI--MONEY LAUNDERING AND TERRORIST FINANCING

SEC. 1601. SHORT TITLE; TABLE OF CONTENTS.

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

TITLE XVI--MONEY LAUNDERING AND TERRORIST FINANCING

Sec. 1601. Short title; table of contents.

Subtitle A--Money Laundering

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

Subtitle B--Technical Amendments

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

Subtitle A--Money Laundering

SEC. 1610. SPECIFIED UNLAWFUL ACTIVITY.

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

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

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

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

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

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

(a) In General.--Section 986 of title 18, United States
Code, is amended by adding at the end the following:
``(e) Procedure for Issuing Subpoenas.--The Attorney
General, the Secretary of the Treasury, or the Secretary of
Homeland Security may issue a subpoena in any investigation
of a violation of sections 1956, 1957 or 1960, or sections
5316, 5324, 5331 or 5332 of title 31, United States Code, in
the manner set forth under section 3486.''.
(b) Grand Jury and Trial Subpoenas.--Section
5318(k)(3)(A)(i) of title 31, United States Code, is
amended--
(1) by striking ``related to such correspondent account'';
(2) by striking ``or the Attorney General'' and inserting
``, the Attorney General, or the Secretary of Homeland
Security''; and
(3) by adding at the end the following:
``(iii) Grand jury or trial subpoena.--In addition to a
subpoena issued by the Attorney General, Secretary of the
Treasury, or the Secretary of Homeland Security under clause
(i), a subpoena under clause (i) includes a grand jury or
trial subpoena requested by the Government.''.
(c) Fair Credit Reporting Act Amendment.--Section 604(a)(1)
of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is
amended--
(1) by striking ``or''; and
(2) by inserting before the period the following: ``, or an
investigative subpoena issued under section 5318 of title 31,
United States Code''.
(d) Obstruction of Justice.--Section 1510(b) of title 18,
United States Code, is amended--
(1) in paragraph (2)(A), by inserting ``or an investigative
subpoena issued under section 5318 of title 31, United States
Code'' after ``grand jury subpoena''; and
(2) in paragraph (3)(B), by inserting ``, an investigative
subpoena issued under section 5318 of title 31, United States
Code,'' after ``grand jury subpoena''.
(e) Right to Financial Privacy Act.--Section 1120 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3420) is
amended--
(1) in subsection (a)(1), by inserting ``or to the
Government'' after ``to the grand jury''; and
(2) in subsection (b)(1), by inserting ``, or an
investigative subpoena issued pursuant to section 5318 of
title 31, United States Code,'' after ``grand jury
subpoena''.

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

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

SEC. 1614. BULK CASH SMUGGLING.

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

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

Section 1957(f) of title 18, United States Code, is
amended--
(1) in paragraph (2) by striking ``and'' at the end;

[[Page S2526]]

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

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

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

SEC. 1617. ILLEGAL MONEY TRANSMITTING BUSINESSES.

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

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

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

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

SEC. 1619. EXTRATERRITORIAL JURISDICTION.

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

SEC. 1620. CONDUCT IN AID OF COUNTERFEITING.

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

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

(a) Authority of Secret Service.--During fiscal years 2008
through 2010, with respect to any undercover investigative
operation of the United States Secret Service (in this
section referred to as the ``Secret Service'') which is
necessary for the detection and prosecution of crimes against
the United States--
(1) sums authorized in any such fiscal year to be
appropriated for the Secret Service, including any
unobligated balances available from prior fiscal years, may
be used to purchase property, buildings, and other
facilities, and to lease space, within the United States, the
District of Columbia, and the territories and possessions of
the United States, without regard to--
(A) sections 1341 and 3324 of title 31 of the United States
Code;
(B) section 8141 of title 40 of the United States Code;
(C) sections 3732(a) and 3741 of the Revised Statutes of
the United States (41 U.S.C. 11(a) and 22); and
(D) sections 304(a) and 305 of the Federal Property and
Administrative Services Act of 1949 ( 41 U.S.C. 254(a) and
255);
(2) sums authorized in any such fiscal year to be
appropriated for the Secret Service, including any
unobligated balances available from prior fiscal years, may
be used--
(A) to establish or to acquire proprietary corporations or
business entities as part of an undercover investigative
operation; and
(B) to operate such corporations or business entities on a
commercial basis, without regard to sections 9102 and 9103 of
title 31 of the United States Code;
(3) sums authorized in any such fiscal year to be
appropriated for the Secret Service, including any
unobligated balances available from prior fiscal years, and
the proceeds seized, earned, or otherwise accrued from any
such undercover investigative operation, may be deposited in
banks or other financial institutions, without regard to--
(A) section 648 of title 18 of the United States Code; and
(B) section 3302 of title 31 of the United States Code; and
(4) proceeds seized, earned, or otherwise accrued from any
such undercover investigative operation may be used to offset
the necessary and reasonable expenses incurred in such
operation, without regard to section 3302 of title 31 of the
United States Code.
(b) Written Certification of Director Required.--
(1) In general.--The authority granted under subsection (a)
may be exercised only upon the written certification of the
Director of the Secret Service or the Director's designee.
(2) Content of certification.--Each certification issued
under paragraph (1) shall state that any action authorized
under paragraph (1), (2), (3), or (4) of subsection (a) is
necessary to conduct the undercover investigative operation.
(3) Duration of certification.--Each certification issued
under paragraph (1) shall continue in effect for the duration
of the undercover investigative operation, without regard to
fiscal years.
(c) Transfer of Proceeds to Treasury.--As soon as
practicable after the proceeds from an undercover
investigative operation with respect to which an action is
authorized and carried out under paragraphs (3) and (4)

[[Page S2527]]

of subsection (a) are no longer necessary for the conduct of
such operation, such proceeds, or the balance of such
proceeds, remaining at the time shall be deposited in the
Treasury of the United States as miscellaneous receipts.
(d) Corporations With a High Net Value.--
(1) In general.--If a corporation or business entity
established or acquired as part of an undercover
investigative operation under subsection (a)(2) having a net
value of over $50,000 is to be liquidated, sold, or otherwise
disposed of, the Secret Service, as much in advance as the
Director of the Secret Service or the Director's designee
determines is practicable, shall report the circumstances of
such liquidation, sale, or other disposition to the Secretary
of Homeland Security.
(2) Transfer of proceeds to treasury.--The proceeds of any
liquidation, sale, or other disposition of any corporation or
business entity under paragraph (1) shall, after all other
obligations are met, be deposited in the Treasury of the
United States as miscellaneous receipts.
(e) Audits.--The Secret Service shall--
(1) conduct, on a quarterly basis, a detailed financial
audit of each completed undercover investigative operation
where a written certification was issued pursuant to this
section; and
(2) report the results of each such audit in writing to the
Secretary of Homeland Security.

Subtitle B--Technical Amendments

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

(a) Unlawful Activity.--Section 1956(c) of title 18, United
States Code, is amended--
(1) in paragraph (2), by striking `` `conducts' '' and
inserting `` `conduct' ''; and
(2) in paragraph (7)(F), by inserting ``, as defined in
section 24(a)'' before the semicolon.
(b) Property From Unlawful Activity.--Section 1957 of title
18, United States Code, is amended--
(1) in subsection (a), by striking ``engages or attempts to
engage in'' and inserting ``conducts or attempts to
conduct''; and
(2) in subsection (f)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) the term `conduct' has the meaning given such term
under section 1956(c)(2).''.
______

SA 310. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

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

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

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

``If, at the beginning of the removal period, as determined
under this subparagraph, the alien is not in the custody of
the Secretary of Homeland Security (under the authority of
this Act), the Secretary shall take the alien into custody
for removal, and the removal period shall not begin until the
alien is taken into such custody. If the Secretary transfers
custody of the alien during the removal period pursuant to
law to another Federal agency or a State or local government
agency in connection with the official duties of such agency,
the removal period shall be tolled, and shall begin anew on
the date of the alien's return to the custody of the
Secretary subject to clause (ii).''; and
(C) by amending subparagraph (C) to read as follows:
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to make all reasonable efforts to comply with the
removal order, or to fully cooperate with the Secretary's
efforts to establish the alien's identity and carry out the
removal order, including making timely application in good
faith for travel or other documents necessary to the alien's
departure, or conspires or acts to prevent the alien's
removal subject to an order of removal.'';
(3) in paragraph (2), by adding at the end the following
new sentence: ``If a court, the Board of Immigration Appeals,
or an immigration judge orders a stay of removal of an alien
who is subject to an administratively final order of removal,
the Secretary of Homeland Security in the exercise of
discretion may detain the alien during the pendency of such
stay of removal.'';
(4) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, that
the Secretary of Homeland Security prescribes for the alien,
in order to prevent the alien from absconding, for the
protection of the community, or for other purposes related to
the enforcement of the immigration laws.'';
(5) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary of Homeland Security, without any
limitations other than those specified in this section, until
the alien is removed. If an alien is released, the alien'';
and
(6) by redesignating paragraph (7) as paragraph (10) and
inserting after paragraph (6) the following new paragraphs:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
his parole or his removal becomes reasonably foreseeable,
provided that in no circumstance shall such alien be
considered admitted.
``(8) Additional rules for detention or release of certain
aliens who have made an entry.--The following procedures
apply only with respect to an alien who has effected an entry
into the United States. These procedures do not apply to any
other alien detained pursuant to paragraph (6).
``(A) Establishment of a detention review process for
aliens who fully cooperate with removal.--For an alien who
has made all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, and has not conspired or
acted to prevent removal, the Secretary of Homeland Security
shall establish an administrative review process to determine
whether the alien should be detained or released on
conditions. The Secretary shall make a determination whether
to release an alien after the removal period in accordance
with paragraph (1)(B). The determination shall include
consideration of any evidence submitted by the alien, and may
include consideration of any other evidence, including any
information or assistance provided by the Department of State
or other Federal agency and any other information available
to the Secretary pertaining to the ability to remove the
alien.
``(B) Authority to detain beyond the removal period.--
``(i) In general.--The Secretary of Homeland Security, in
the exercise of discretion, without any limitations other
than those specified in this section, may continue to detain
an alien for 90 days beyond the removal period (including any
extension of the removal period as provided in subsection
(a)(1)(C)).
``(ii) Length of detention.--The Secretary, in the exercise
of discretion, without any limitations other than those
specified in this section, may continue to detain an alien
beyond the 90 days, as authorized in clause (i)--

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

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

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

``(aa) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(bb) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(cc) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(dd) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and either--
``(AA) the alien has been convicted of one or more
aggravated felonies as defined in section 101(a)(43)(A), one
or more crimes identified by the Secretary of Homeland
Security by regulation, or one or more attempts or
conspiracies to commit any such aggravated felonies or such
identified

[[Page S2528]]

crimes, provided that the aggregate term of imprisonment for
such attempts or conspiracies is at least 5 years; or
``(BB) the alien has committed one or more crimes of
violence (as defined in section 16 of title 18, United States
Code, but not including a purely political offense) and,
because of a mental condition or personality disorder and
behavior associated with that condition or disorder, the
alien is likely to engage in acts of violence in the future;
or
``(ee) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and the alien has been convicted of
at least one aggravated felony as defined in section
101(a)(43); and

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

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

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

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

[[Page S2529]]

(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by adding at the end the following new subparagraph:
``(C) the person's immigration status; and''.

______

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

At the appropriate place, insert the following:

SEC. __. IMMIGRATION INJUNCTION REFORM.

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

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

(3) Settlements.--
(A) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue
a consent decree that does not comply with the requirements
of paragraph (1).
(B) Private settlement agreements.--Nothing in this
subsection shall preclude parties from entering into a
private settlement agreement that does not comply with
paragraph (1).
(4) Expedited proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this subsection.
(5) Definitions.--In this subsection:
(A) Consent decree.--The term ``consent decree''--
(i) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(ii) does not include private settlements.
(B) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(C) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(D) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(E) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into by the
parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(F) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(b) Effective Date.--
(1) In general.--This section shall apply with respect to
all orders granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, whether such relief
was ordered before, on, or after the date of the enactment of
this Act.
(2) Pending motions.--Every motion to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief in any such action, which motion is
pending on the date of the enactment of this Act, shall be
treated as if it had been filed on such date of enactment.
(3) Automatic stay for pending motions.--
(A) In general.--An automatic stay with respect to the
prospective relief that is the subject of a motion described
in paragraph (2) shall take effect without further order of
the court on the date that is 10 days after the date of the
enactment of this Act if the motion--
(i) was pending for 45 days as of the date of the enactment
of this Act; and
(ii) is still pending on the date which is 10 days after
such date of enactment.
(B) Duration of automatic stay.--An automatic stay that
takes effect under subparagraph (A) shall continue until the
court enters an order granting or denying a motion made by
the Government under subsection (a)(2). There shall be no
further postponement of the automatic stay with respect to
any such pending motion under subsection (a)(2)(B). Any
order, staying, suspending, delaying, or otherwise barring
the effective date of this automatic stay with respect to
pending motions described in paragraph (2) shall be an order
blocking an automatic stay subject to immediate appeal under
subsection (a)(2)(B)(iv).

______

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

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

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

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

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

``(a) Offenses.--
``(1) In general.--It shall be unlawful to employ, solicit,
induce, command, or cause another person to commit an act of
domestic terrorism or international terrorism or a Federal
crime of terrorism, with the intent that the person commit
such act or crime of terrorism
``(2) Attempt and conspiracy.--It shall be unlawful to
attempt or conspire to commit an offense under paragraph (1).
``(b) Penalties.--Any person who violates subsection (a)--
``(1) in the case of an attempt or conspiracy, shall be
fined under this title, imprisoned not more than 10 years, or
both;
``(2) if death of an individual results, shall be fined
under this title, punished by death or imprisoned for any
term of years or for life, or both;
``(3) if serious bodily injury to any individual results,
shall be fined under this title, imprisoned not less than 10
years nor more than 25 years, or both; and
``(4) in any other case, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(c) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of
rights guaranteed under the first amendment to the
Constitution of the United States.
``(d) Lack of Consummated Terrorist Act Not a Defense.--It
is not a defense under this section that the act of domestic
terrorism or international terrorism or Federal crime of
terrorism that is the object of the

[[Page S2530]]

employment, solicitation, inducement, commanding, or causing
has not been done.
``(e) Definitions.--In this section--
``(1) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b of this title; and
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365 of this title.''.
(b) Technical and Conforming Amendments.--The table of
sections at the beginning of chapter 113B of title 18, United
States Code, is amended--
(1) by inserting after section 2332b the following:

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

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

______

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

At the appropriate place, insert the following:

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

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

______

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

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

______

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

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

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

(a) Appeal Rights for Screeners.--
(1) In general.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is
amended--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Except as provided in paragraphs (2) and
(3) notwithstanding''; and
(B) by adding at the end the following:
``(2) Right to appeal adverse action.--The provisions of
chapters 75 and 77 of title 5, United States Code, shall
apply to an individual employed or appointed to carry out the
screening functions of the Administrator under section 44901
of title 49, United States Code.
``(3) Employee engagement mechanism for addressing
workplace issues.--The Under Secretary of Transportation
shall provide a collaborative, integrated, employee
engagement mechanism, subject to chapter 71 of title 5,
United States Code, at every airport to address workplace
issues, except that collective bargaining over working
conditions shall not extend to pay . Employees shall not have
the right to engage in a strike and the Under Secretary may
take whatever actions may be necessary to carry out the
agency mission during emergencies, newly imminent threats, or
intelligence indicating a newly imminent emergency risk. No
properly classified information shall be divulged in any non-
authorized forum.''.
(2) Conforming amendments.--Section 111(d)(1) of the
Aviation and Transportation Security Act, as amended by
paragraph (1)(A), is amended--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place such appears
and inserting ``Administrator''.
(b) Whistleblower Protections.--Section 883 of the Homeland
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter
preceding paragraph (1), by inserting ``,or section 111(d) of
the Aviation and Transportation Security Act,'' after ``this
Act''.

(c) Report to Congress.--
(1) Report required.--Not later than 5 months after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on--
(A) the pay system that applies with respect to TSA
employees as of the date of enactment of this Act; and
(B) any changes to such system which would be made under
any regulations which have been prescribed under chapter 97
of title 5, United States Code.
(2) Matters for inclusion.--The report required under
paragraph (1) shall include--
(A) a brief description of each pay system described in
paragraphs (1)(A) and (1)(B), respectively;
(B) a comparison of the relative advantages and
disadvantages of each of those pay systems; and
(C) such other matters as the Comptroller General
determines appropriate.
______

SA 316. Mrs. McCaskill proposed an amendment to amendment SA 315
Proposed by Mr. Lieberman to the amendment SA 275 proposed by Mr. Reid
(for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make
the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

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

APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER AND
PROPERTY SCREENERS

(a) Appeal Rights for Screeners.--
(1) In general.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is
amended--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Except as provided in paragraphs (2) and
(3) notwithstanding''; and
(B) by adding at the end the following:
``(2) Right to appeal adverse action.--The provisions of
chapters 75 and 77 of title 5, United States Code, shall
apply to an individual employed or appointed to carry out the
screening functions of the Administrator under section 44901
of title 49, United States Code.
``(3) Employee engagement mechanism for addressing
workplace issues.--The Under Secretary of Transportation
shall provide a collaborative, integrated, employee
engagement mechanism, subject to chapter 71 of title 5,
United States Code, at every airport to address workplace
issues, except that collective bargaining over working
conditions shall not extend to pay . Employees shall not have
the right to engage in a strike and the Under Secretary may
take whatever actions may be necessary to carry out the
agency mission during emergencies, newly imminent threats, or
intelligence indicating a newly imminent emergency risk. No
properly classified information shall be divulged in any non-
authorized forum.''.
(2) Conforming amendments.--Section 111(d)(1) of the
Aviation and Transportation Security Act, as amended by
paragraph (1)(A), is amended--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place such appears
and inserting ``Administrator''.
(b) Whistleblower Protections.--Section 883 of the Homeland
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter
preceding paragraph (1), by inserting ``,or section 111(d) of
the Aviation and Transportation Security Act,'' after ``this
Act''.

[[Page S2531]]

(c) Report to Congress.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on--
(A) the pay system that applies with respect to TSA
employees as of the date of enactment of this Act; and
(B) any changes to such system which would be made under
any regulations which have been prescribed under chapter 97
of title 5, United States Code.
(2) Matters for inclusion.--The report required under
paragraph (1) shall include--
(A) a brief description of each pay system described in
paragraphs (1)(A) and (1)(B), respectively;
(B) a comparison of the relative advantages and
disadvantages of each of those pay systems; and
(C) such other matters as the Comptroller General
determines appropriate.
(d) This section shall take effect one day after date of
enactment.
______

SA 317. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

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

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

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

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

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

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

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

``2339F. Denial of Federal benefits to terrorists.''.
(d) Addition of Attempts or Conspiracies to Offense of
Terrorist Murder.--Section 2332(a) of title 18, United States
Code, is amended--
(1) by inserting ``, or attempts or conspires to kill,''
after ``Whoever kills''; and
(2) in paragraph (2), by striking ``ten years'' and
inserting ``30 years''.
(e) Addition of Offense of Terrorist Kidnapping.--Section
2332(b) of title 18, United States Code, is amended to read
as follows:
``(b) Kidnapping.--Whoever outside the United States
unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away, or attempts or conspires to seize,
confine, inveigle, decoy, kidnap, abduct or carry away, a
national of the United States, shall be fined under this
title, imprisoned for any term of years or for life, or
both.''.
(f) Addition of Sexual Assault to Definition of Offense of
Terrorist Assault.--Section 2332(c) of title 18, United
States Code, is amended--
(1) in paragraph (1), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury'';
(2) in paragraph (2), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury''; and
(3) in the matter following paragraph (2), by striking
``ten years'' and inserting ``40 years''.
______

SA 318. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States Imore secure
by implementing unfinished recommendations of the 9/11 Commission to
fight the war on terror more effectively, to improve homeland security,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

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

(a) Whoever, being an employee or member of the Senate or
House of Representatives of

[[Page S2532]]

the United States of America, or being entrusted with or
having lawful possession of, access to, or control over any
classified information contained in a report submitted to the
Congress pursuant to the Improving America's Security Act of
2007, the USA Patriot Improvement and Reauthorization Act of
2005, or the Intelligence Reform and Terrorism Prevention Act
of 2004, and who knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses such information
in any manner prejudicial to the safety or interest of the
United States or for the benefit of any foreign government to
the detriment of the United States, shall be fined under this
title or imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means information
which, at the time of a violation of this section, is
determined to be Confidential, Secret, or Top Secret pursuant
to Executive Order 12958 or successor orders;
The term ``unauthorized person'' means any person who does
not have authority or permission to have access to the
classified information pursuant to the provisions of a
statute, Executive Order, regulation, or directive of the
head of any department or agency who is empowered to classify
information.
(c) Nothing in this section shall prohibit the furnishing,
upon lawful demand, of information to any regularly
constituted committee of the Senate or House of
Representatives of the United States of America, or joint
committee thereof.
______

SA 319. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:)

At the appropriate place, insert the following:

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

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

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

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

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

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

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

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

SEC. 5. EFFECTIVE DATE

The amendment made by this section shall take effect on the
date of enactment of this section, and this amendment and
clause 212(a)(3)(B)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(ii)), as amended by this section,
shall apply to--
(a) removal proceedings instituted before, on, or after the
date of the enactment of this section; and
(b) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
______

SA 320. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

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

[[Page S2533]]

inquiry not involving such classified information.''.

____________________