To expand and improve the Proliferation Security Initiative while protecting the national security interests of the United States.

IMPROVING AMERICA'S SECURITY ACT OF 2007

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

A bill (S. 4) to make the United States more secure by
implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes.

Pending:

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

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

[[Page S2545]]

The Senator from Louisiana.

Amendment No. 321 to Amendment No. 275

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

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

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

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

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

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

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

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

The amendments are as follows:

AMENDMENT NO. 295

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

At the end of title XV, add the following:

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

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

AMENDMENT NO. 296

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

At the end of title XV, add the following:

SEC. __. CANCELLATION OF LOANS.

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

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

It would not only mean fairness and parity and equity for the
survivors of Hurricanes Katrina and Rita, in line with what we have
done, but it would also substantially expedite the rebuilding work that
is underway and is tied up in redtape--in mindless redtape--because of
this requirement. So I am asking for the Congress to act swiftly on
this bill to get that done.

Amendment No. 321

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

Amendment No. 296

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

Amendment No. 272 To Amendment No. 275

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

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

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

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

At the appropriate place, insert the following:

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

(a) Social Security Account Numbers.--Section 264(f) of the
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended
to read as follows:
``(f) Notwithstanding any other provision of law (including
section 6103 of the Internal Revenue Code of 1986), the
Secretary of Homeland Security, the Secretary of Labor, and
the Attorney General are authorized to require an individual
to provide the individual's social security account number
for purposes of inclusion in any record of the individual
maintained by either such Secretary or the Attorney General,
or of inclusion in any application, document, or form
provided under or required by the immigration laws.''.
(b) Exchange of Information.--Section 290(c) of the
Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended
by striking paragraph (2) and inserting the following new
paragraphs:
``(2)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Secretary of Homeland Security with information
regarding the name, date of birth, and address of the alien,
the name and address of the person reporting the earnings,
and the amount of the earnings.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary.
``(3)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if a social security account number was used with
multiple names, the Commissioner of Social Security shall
provide the Secretary of Homeland Security with information
regarding the name,

[[Page S2546]]

date of birth, and address of each individual who used that
social security account number, and the name and address of
the person reporting the earnings for each individual who
used that social security account number.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary for the sole purpose of
enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner,
may limit or modify the requirements of this paragraph, as
appropriate, to identify the cases posing the highest
possibility of fraudulent use of social security account
numbers related to violation of the immigration laws.
``(4)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if more than one person reports earnings for an
individual during a single tax year, the Commissioner of
Social Security shall provide the Secretary of Homeland
Security information regarding the name, date of birth, and
address of the individual, and the name and address of each
person reporting earnings for that individual.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary for the sole purpose of
enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner,
may limit or modify the requirements of this paragraph, as
appropriate, to identify the cases posing the highest
possibility of fraudulent use of social security account
numbers related to violation of the immigration laws.
``(5)(A) The Commissioner of Social Security shall perform,
at the request of the Secretary of Homeland Security, a
search or manipulation of records held by the Commissioner if
the Secretary certifies that the purpose of the search or
manipulation is to obtain information that is likely to
assist in identifying individuals (and their employers) who
are using false names or social security account numbers, who
are sharing a single valid name and social security account
number among multiple individuals, who are using the social
security account number of a person who is deceased, too
young to work, or not authorized to work, or who are
otherwise engaged in a violation of the immigration laws. The
Commissioner shall provide the results of such search or
manipulation to the Secretary, notwithstanding any other
provision law (including section 6103 of the Internal Revenue
Code of 1986).
``(B) The Secretary shall transfer to the Commissioner the
funds necessary to cover the costs directly incurred by the
Commissioner in carrying out each search or manipulation
requested by the Secretary under subparagraph (A).''.
(c) False Claims of Citizenship by Nationals of the United
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by
inserting ``or national'' after ``citizen''.

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

Amendment No. 280

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

[[Page S2547]]

rural law enforcement officers was very essential for us to be able to
make sure, first of all, they were able to protect themselves from
getting in harm's way, and, second of all, they were able to protect
the public?
Mr. President, can I ask how much time I have on this side.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Mr. SALAZAR. Mr. President, I ask unanimous consent to have up to 2
more minutes to speak on the subject of amendment No. 280.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
Mr. SALAZAR. Mr. President, I am proud of the fact that Senator Pryor
and Senator Isakson and Senator Chambliss have joined us in moving
forward with this amendment. It is a commonsense amendment. When you
consider the horrific attack we saw in Oklahoma, it is exactly the kind
of attack that might have been prevented if we had our rural law
enforcement agencies with the kind of training that would make them
part of our antiterrorism efforts.
So I want us very much to move forward with this amendment, to adopt
it in the Senate. I urge my colleagues to vote ``yes'' on this
amendment.
Mr. President, I yield back the remainder of my time.
The ACTING PRESIDENT pro tempore. Who yields time?
The Senator from Maine is recognized.
Ms. COLLINS. Mr. President, I suggest the absence of a quorum and ask
that the time apply equally.
The ACTING PRESIDENT pro tempore. There is no time on the other side.
Ms. COLLINS. OK.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. ALLARD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. ALLARD. Mr. President, I ask unanimous consent to speak as in
morning business
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
(The remarks of Mr. Allard pertaining to the introduction of S. 746
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. ALLARD. Mr. President, I yield the floor, and I suggest the
absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

Vote on Amendment No. 292

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

[Rollcall Vote No. 57 Leg.]

YEAS--82

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

NOT VOTING--18

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

Amendment No. 280

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

[[Page S2548]]

Further, if present and voting, the Senator from Tennessee (Mr.
Alexander), the Senator from Kentucky (Mr. Bunning), and the Senator
from Alabama (Mr. Sessions) would have voted ``yea.''
The ACTING PRESIDENT pro tempore. Are there any other Senator in the
Chamber desiring to vote?
The result was announced--yeas 82, nays 1, as follows:

[Rollcall Vote No. 58 Leg.]

YEAS--82

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

NAYS--1

Coburn

NOT VOTING--17

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

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

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

AMENDMENT NO. 305

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

At the appropriate place, insert the following:

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

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

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

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

Amendment No. 310

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

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

AMENDMENT NO. 311

(Purpose: To provide for immigration injunction reform)

At the appropriate place, insert the following:

SEC. __. IMMIGRATION INJUNCTION REFORM.

(a) Appropriate Remedies for Immigration Legislation.--
(1) Requirements for an order granting prospective relief
against the government.--
(A) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(i) limit the relief to the minimum necessary to correct
the violation of law;
(ii) adopt the least intrusive means to correct the
violation of law;
(iii) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety; and
(iv) provide for the expiration of the relief on a specific
date, which is not later than the earliest date necessary for
the Government to remedy the violation.
(B) Written explanation.--The requirements described in
subparagraph (A) shall be discussed and explained in writing
in the order granting prospective relief and must be
sufficiently detailed to allow review by another court.
(C) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on
the date that is 90 days after the date on which such relief
is entered, unless the court--
(i) makes the findings required under subparagraph (A) for
the entry of permanent prospective relief; and
(ii) makes the order final before expiration of such 90-day
period.
(D) Requirements for order denying motion.--This paragraph
shall apply to any order denying a motion made by the
Government to vacate, modify, dissolve, or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Procedure for motion affecting order granting
prospective relief against the government.--
(A) In general.--A court shall promptly rule on a motion
made by the Government to

[[Page S2549]]

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).

AMENDMENT NO. 312

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

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

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

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

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

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

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

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

AMENDMENT NO. 317

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

At the end, add the following:

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

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

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

``(a) Definitions.--In this section:
``(1) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(2) The term `international terrorism' has the same
meaning as in section 2331.
``(3) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(4) The term `perpetrator of an act' includes any person
who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or procures
its commission; or
``(C) attempts, plots, or conspires to commit the act.
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(b) Prohibition.--Whoever, in a circumstance described in
subsection (c), provides material support or resources to the
perpetrator of an act of international terrorism, or to a
family member or other person associated with such
perpetrator, with the intent to facilitate, reward, or
encourage that act or other acts of international terrorism,
shall be fined under this title, imprisoned not more than 25
years, or both, and, if death results, shall be imprisoned
for any term of years or for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) is that--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;

[[Page S2550]]

``(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''.

amendment no. 318

(Purpose: to protect classified information)

At the appropriate place, insert the following:

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

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

amendment no. 319

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

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.

[[Page S2551]]

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. Sec. 1182(a)(3)(B)(vi)) is amended by striking
``Subclause (VII)'' and replacing it with ``Subclause (IX)''.

SEC. 5. EFFECTIVE DATE.

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

AMENDMENT NO. 320

(Purpose: To improve the Classified Information Procedures Act)

At the appropriate place, insert the following:

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

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

AMENDMENT NO. 300

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

At the appropriate place, insert the following:

SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.

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

Amendment No. 309

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

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

Amendment No. 295

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

[[Page S2552]]

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

Amendment No. 296

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

Amendment No. 308 to Amendment No. 275

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

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

The amendment is as follows:

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

At the appropriate place, insert the following:

SEC. __. PROLIFERATION SECURITY INITIATIVE.

(a) Sense of Congress.--It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that
the President should strive to expand and strengthen the
Proliferation Security Initiative (PSI) announced by the
President on May 31, 2003, with a particular emphasis on the
following principles:
(1) The responsibility for ensuring the national security
of the United States rests exclusively with the Government of
the United States and should not be delegated in whole or in
part to any international organization, agency, or tribunal
or to the government of any other country.
(2) The freedom of the Government of the United States to
act as it deems appropriate to ensure the security of the
American people should not be limited by, or made dependent
upon, the action or inaction of any international
organization, agency, or tribunal or by the government of any
other country.
(3) The Constitution of the United States is the supreme
law of the land and cannot be subordinated to, or superseded
by, the decisions, rulings, or other acts of any
international organization, agency, or tribunal or by the
government of any other country.
(4) In carrying out its responsibility for ensuring the
national security of the United States, the Government of the
United States has sought and should continue to seek the
cooperation and support of international organizations,
agencies, and tribunals, including the United Nations and its
affiliated organizations and agencies, as well as the
governments of other countries, but no decision or act taken
by the Government of the United States regarding its
responsibility to provide for the common defense, promote the
general welfare, and secure the liberty of the American
people should be deemed to require authorization, permission,
or approval by any international organization, agency, or
tribunal or by the government of any other country.
(5) The United Nations Security Council should not be asked
to authorize the PSI under international law, and in order
for the United Nations to be helpful in combating terrorism
and proliferation, it should first--
(A) establish a comprehensive definition of terrorism that
condemns all acts by individuals, resistance movements or
other irregular military groups, or nations intended to cause
death or serious injury to civilians or non-combatants with
the purpose of intimidating a population or compelling a
government to do or abstain from doing any act;
(B) fulfill the September 2005 commitment of the Summit of
World Leaders to establish a comprehensive convention against
terrorism;
(C) have the United Nations Counter-Terrorism Committee
establish a list of individuals, organizations, and states
that commit terrorist acts or support terrorist groups and
activities;
(D) prohibit states under sanction for human rights abuses
or terrorism by the United Nations Security Council from
running for seats on or chairing any United Nations body,
such as the Human Rights Council or the United Nations
Disarmament Commission;
(E) prohibit member states in violation of Chapter 7 of the
United Nations Charter and seen as a threat to international
security and peace from sitting as non-permanent members of
the United Nations Security Council; and
(F) prohibit giving United Nations credentials to
nongovernmental organizations that promote or condone
terrorism or terrorist groups.
(6) Formalizing the PSI into a multilateral regime would
severely hamper PSI's flexibility and ability to adapt to
changing conditions.
(b) Strengthening the Proliferation Security Initiative.--
The President is not authorized to--
(1) seek to subject the Proliferation Security Initiative
to any authority, oversight, or resolution of the United
Nations Security Council, international law, an international
organization, agency, or tribunal, or the government of any
country not participating in the Proliferation Security
Initiative; or
(2) formalize the Proliferation Security Initiative into a
multilateral regime.

Mr. THUNE. Mr. President, this amendment will expand and improve the
Proliferation Security Initiative in the national security interest of
the United States. The Proliferation Security Initiative, or PSI, is
now 4 years old. It is a program whereby the United States is working
with 80 allied countries to jointly interdict shipments of weapons of
mass destruction-related materials in a timely manner when critical
intelligence is received about imminent transfers of weapons of mass
destruction.
The PSI is based on voluntary cooperation by participating countries
and relies on the ability to react quickly to time-sensitive
intelligence on the

[[Page S2553]]

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

[[Page S2554]]

U.N. peacekeepers in the areas in which they are serving; whether it be
the U.N. Oil for Food scandal, where only one person out of several has
even been indicted in the corruption racket that was ongoing with that.
The fact is the U.N. has failed in multiple areas at multiple times to
accomplish the very things it set out to do.
Senator Thune mentioned that the No. 2 position on the
nonproliferation committee at the U.N. is chaired by none other than
Iran. What we do know is, had adequate sanctions been applied to Iran,
the continued enrichment of uranium would not be there. The House has
gutted one of the most effective tools we have, in terms of
interdicting weapons of mass destruction from across this world.
Why is it important? Let me give an analogy. Today, when somebody
comes into the emergency room and they are bleeding internally, we
don't stop and have a committee meeting among doctors on what to do.
What we do is look at the signs and symptoms we find--i.e., the
intelligence, the actual knowledge of what is going on--and then we
treat the condition on an emergent basis. This whole initiative will be
gutted by bringing it to the bureaucratic process of the U.N. The thing
that happens now is good intelligence, in terms of cooperation with
people--the other 80 countries that are working cooperatively--
institutes action. The failure to act on internal bleeding ends up with
death. The same thing is going to happen if we let a bureaucracy,
dominated with a veto power by China and Russia, determine whether we
can intercept weapons of mass destruction.
I understand we need a world body. I understand the U.N. is that
world body. But the U.N. has so many problems today in terms of being
effective at what it is trying to accomplish. It is absolutely
nontransparent with how it does that--nontransparent with how the money
is spent and is utilized today, so that every step of the way two
countries are blocking our attempts to block the development of weapons
of mass destruction in Iran.
We can let the patient die, bleed to death internally, while we have
a committee hearing and get the approval and then get it vetoed by
China or Russia because it plays out more powerfully to their benefit,
or we can continue to do what we have been doing successfully 24 times
in the last year. Twenty-four times in the last year, in coordination
with these eight countries, based on great intelligence, we have
interrupted or disrupted the transmission of weapons of mass
destruction. Why would we want to get rid of that? Why did this PSI get
started in the first place? Because of problems in the U.N. If the U.N.
were to work as it should, there would be no need for a PSI. It will
not and it does not because it is not necessarily to everybody's
advantage in the U.N. that these weapons be controlled.
I believe the House has been very shortsighted. My hope is if this is
included when it comes out of conference, this bill is vetoed. It
should be vetoed. It ties the hand of a President trying to do what is
best for this country and instead makes the rest of the world have veto
power over our ability to defend ourselves. We should never give up
that right.

I am very thankful Senator Thune has put this amendment on the floor
and my hope is we will have a vote on it next week. What this bill does
is to violate our Constitution. We give up sovereignty to protect
ourselves by giving that sovereignty to the United Nations. That is
something we ought not do. It would be different if the United Nations
were transparent. It would be different if a third of peacekeeping
funds were not wasted every year out of the billions that are spent in
the U.N. $15 to $20 billion budget. But that is not the case. That is
not the real world.
Until we have cogent, realistic, proper reforms, including
transparency, at the U.N, including equality at the U.N., including
accountability at the U.N., we should not move any initiative affecting
our own protection and that of those other 80 countries that are
working with us in this regard, to give them veto power over our own
security.
I yield the floor.
The PRESIDING OFFICER (Mr. Whitehouse). The Senator from Maryland.
Mr. CARDIN. Mr. President, I ask unanimous consent the pending
amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

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

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

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

The amendments are as follows:

amendment no. 326

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

At the end of title XV, add the following:

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

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

amendment no. 327

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

At the end of title XV, add the following:

SEC. 15__. NATIONAL CAPITAL REGION MUTUAL AID.

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

amendment no. 328

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

At the appropriate place, insert the following:

SEC. __. APPLICABILITY OF DISTRICT OF COLUMBIA LAW.

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

Mr. CARDIN. Mr. President, if I might, I will take a moment to
describe each of these three amendments I offered to S. 4, the 9/11
Commission's recommendations bill. My staff is working with the
committee staff and I am hoping these three amendments can be cleared.
I think they strengthen the underlying bill. They deal with issues that
are particularly of concern to the capital region, the States of
Maryland, Virginia, and the Nation's Capital.
My first amendment requires the Department of Homeland Security to
study whether modifying and updating

[[Page S2555]]

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

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