[Congressional Record Volume 147, Number 153 (Wednesday, November 7, 2001)]
[Senate]
[Pages S11562-S11564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2109. Ms. LANDRIEU (for herself, and Mr. DeWine) proposed an 
amendment to the bill H.R. 2944, making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       On page 6, line 25, insert the following after ``inserting 
     ``1,100''.'':
       Section 16(d) of the Victims of Violent Crime Compensation 
     Act of 1996 (sec. 4-515(d), D.C. Official Code), as amended 
     by section 403 of the Miscellaneous Appropriations Act, 2001 
     (as enacted into law by section 1(a)(4) of the Consolidated 
     Appropriations Act, 2001), is amended--
       (1) by striking ``in excess of $250,000''; and
       (2) by striking ``and approved by'' and all that follows 
     and inserting a period.
       (b) The amendments made by subsection (a) shall take effect 
     as if included in the enactment of section 403 of the 
     Miscellaneous Appropriations Act, 2001.
       On page 12, line 7, after ``Agency,'' insert the following: 
     ``the Governor of the State of Maryland and the Governor of 
     the Commonwealth of Virginia, the county executives of 
     contiguous counties of the region''.
       Page 12, line 7, after ``and'' and before ``state'' insert 
     the following: ``the respective''.
       Page 12, line 8, after ``emergency'' and before ``plan'' 
     insert: ``operations''.
       Page 13, line 14, strike ``$500,000'' and insert: 
     ``$250,000''.
       Page 13, line 15, strike ``McKinley Technical High School'' 
     and insert the following: ``Southeastern University''.
       Page 13, line 16, strike ``Southeastern University'' and 
     insert the following: ``McKinley Technical High School.''.
       Page 13, line 14, insert after ``students;'': ``$250,000 
     for Lightspan, Inc. to implement the eduTest.com program in 
     the District of Columbia Public Schools;''.
       Page 16, line 3, strike ``U.S. Soccer Foundation, to be 
     used'' and insert: ``Washington, D.C. Sports and 
     Entertainment Commission which in coordination with the U.S. 
     Soccer Foundation, shall use the funds''.
       Page 17, line 18, insert after ``families'' the following: 
     ``and children without parents, due to the September 11, 2001 
     terrorist attacks on the District of Columbia,''.
       Page 18, line 8, after ``Provided,'' and before ``That'' 
     insert the following: ``That funds

[[Page S11563]]

     made available in such Act for the Washington Interfaith 
     Network (114 Stat. 2444) shall remain available for the 
     purposes intended until December 31, 2001: Provided,''.
       Page 34, line 4, District of Columbia Funds--Public Works, 
     insert after ``available'': ``Provided, That $1,550,000 made 
     available under the District of Columbia Appropriations Act, 
     2001 (Public Law 106-522) for taxicab driver security 
     enhancements in the District of Columbia shall remain 
     available until September 30, 2002.''.
       Page 37, line 4, insert the following after ``service'': 
     ``Notwithstanding any other provision of law, the District of 
     Columbia is hereby authorized to make any necessary payments 
     related to the ``District of Columbia Emergency Assistance 
     Act of 2001'': Provided, That the District of Columbia shall 
     use local funds for any payments under this heading: Provided 
     further, That the Chief Financial Officer shall certify the 
     availability of such funds, and shall certify that such funds 
     are not required to address budget shortfalls in the District 
     of Columbia.''.
       Page 63, line 8, after ``expended.'' insert the following 
     new subsection:
       ``(C) Availability of fy 2001 budget reserve funds.--For 
     fiscal year 2001, any amount in the budget reserve shall 
     remain available until expended.''.
       Page 68, line 6, insert the following as a new General 
     Provision:
       Sec. 137. To waive the period of Congressional review of 
     the Closing of Portions of 2nd and N Streets, N.E. and Alley 
     System in Square 710, S.O. 00-97, Act of 2001. 
     Notwithstanding section 602(c)(1) of the District of Columbia 
     Home Rule Act (sec. 1-233(c)(1), D.C. Code), the Closing of 
     Portions of 2nd and N Streets, N.E. and Alley System in 
     Square 710, S.O. 00-97, Act of 2001 (D.C. Act 14-106) shall 
     take effect on the date of the enactment of such Act or the 
     date of the enactment of this Act, whichever is later.
                                  ____

       SA 2110. Mrs. HUTCHISON (for herself and Mr. Sessions) 
     proposed an amendment to the bill H.R. 2944, making 
     appropriations for the government of the District of Columbia 
     and other activities chargeable in whole or in part against 
     the revenues of said District for the fiscal year ending 
     September 30, 2002, and for other purposes; as follows:

       Under ``General Provisions'' insert the following new 
     section:
       Sec.   . (a) None of the funds contained in this Act may be 
     made available to pay the fees of an attorney who represents 
     a party who prevails in an action or any attorney who defends 
     any action, including an administrative proceeding, brought 
     against the District of Columbia Public Schools under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) If--
       (1) the hourly rate of compensation of the attorney exceeds 
     300 percent of the maximum amount of compensation under 
     section 11-2604(b)(1), District of Columbia Code; or
       (2) the maximum amount of compensation of the attorney 
     exceeds 300 percent of the maximum amount of compensation 
     under section 11-2604(b)(1), District of Columbia Code, 
     except that compensation and reimbursement in excess of such 
     maximum may be approved for extended or complex 
     representation in accordance with section 11-2604(c), 
     District of Columbia Code; and
       (3) in no case may the compensation limits in paragraphs 
     (1) and (2) exceed $3,000.
       (b) Notwithstanding the preceding subsection, if the Mayor 
     and the Superintendent of the District of Columbia Public 
     Schools concur in a Memorandum of Understanding setting forth 
     a new rate and amount of compensation, or a new limit 
     referred to in subsection (a)(3), then such new rates or 
     limits shall apply in lieu of the rates and limits set forth 
     in the preceding subsection to both the attorney who 
     represents the prevailing party and the attorney who defends 
     the action.
       (c) Notwithstanding 20 U.S.C. Sec. 1415, 42 U.S.C. 
     Sec. 1988, 29 U.S.C. Sec. 794a, or any other law, none of the 
     funds appropriated under this Act, or in appropriations acts 
     for subsequent fiscal years, may be made available to pay 
     attorneys' fees accrued prior to the effective date of this 
     Act that exceeds a cap imposed on attorneys' fees by prior 
     appropriations acts that were in effect during the fiscal 
     year when the work was performed, or when payment was 
     requested for work previously performed, in an action brought 
     against the District of Columbia Public Schools under the 
     Individuals With Disabilities Act (20 U.S.C. Sec. 1400 et 
     seq.).
                                  ____

  SA 2111. Mr. DURBIN (for himself and Mrs. Boxer) proposed an 
amendment to the bill H.R. 2944, making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       At the appropriate place insert the following:
       Sec.   . The limitation on attorneys fees paid by the 
     District of Columbia for actions brought under I.D.E.A. (20 
     U.S.C. 1400 et seq.) (Sec. 138) shall not apply if the 
     plaintiff's a child who is
       (a) from a family with an annual income of less than 
     $17,600; or
       (b) from a family where one of the parents is a disabled 
     veteran; or
       (c) where the child has been adjudicated as neglected or 
     abused.
                                  ____

  SA 2111. Mr. DORGAN proposed an amendment to the bill H.R. 2944, 
making appropriations for the government of the District of Columbia 
and other activities chargeable in whole or in part against the 
revenues of said District for the fiscal year ending September 30, 
2002, and for other purposes; as follows:

       On page 68, between lines 4 and 5, insert the following:

     SEC. 137. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR 
                   CARGO AND PASSENGERS ENTERING THE UNITED 
                   STATES.

       (a) Air Cargo Information.--
       (1) In general.--Section 431(b) of the Tariff Act of 1930 
     (19 U.S.C. 1431(b)) is amended--
       (A) by striking ``(b) Production of Manifest.--Any 
     manifest'' and inserting the following:
       ``(b) Production of Manifest.--
       ``(1) In general.--Any manifest'';
       (B) by indenting the margin of paragraph (1), as so 
     designated, two ems; and
       (C) by adding at the end the following new paragraph:
       ``(2) Additional information.--
       ``(A) In general.--In addition to any other requirement 
     under this section, every air carrier required to make entry 
     or obtain clearance under the customs laws of the United 
     States, the pilot, the master, operator, or owner of such 
     carrier (or the authorized agent of such owner or operator) 
     shall provide by electronic transmission cargo manifest 
     information specified in subparagraph (B) in advance of such 
     entry or clearance in such manner, time, and form as the 
     Secretary shall prescribe. The Secretary may exclude any 
     class of air carrier for which the Secretary concludes the 
     requirements of this subparagraph are not necessary.
       ``(B) Information required.--The information specified in 
     this subparagraph is as follows:
       ``(i) The port of arrival or departure, whichever is 
     applicable.
       ``(ii) The carrier code, prefix code, or, both.
       ``(iii) The flight or trip number.
       ``(iv) The date of scheduled arrival or date of scheduled 
     departure, whichever is applicable.
       ``(v) The request for permit to proceed to the destination, 
     if applicable.
       ``(vi) The numbers and quantities from the master and house 
     air waybill or bills of lading.
       ``(vii) The first port of lading of the cargo.
       ``(viii) A description and weight of the cargo.
       ``(ix) The shippers name and address from all air waybills 
     or bills of lading.
       ``(x) The consignee name and address from all air waybills 
     or bills of lading.
       ``(xi) Notice that actual boarded quantities are not equal 
     to air waybill or bills of lading quantities.
       ``(xii) Transfer or transit information.
       ``(xiii) Warehouse or other location of the cargo.
       ``(xiv) Such other information as the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation transportation safety pursuant to the laws enforced 
     or administered by the Customs Service.
       ``(3) Availability of information.--Information provided 
     under paragraph (2) may be shared with other departments and 
     agencies of the Federal Government, including the Department 
     of Transportation and the law enforcement agencies of the 
     Federal Government, for purposes of protecting the national 
     security of the United States.''.
       (2) Conforming amendments.--Subparagraphs (A) and (C) of 
     section 431(d)(1) of such Act are each amended by inserting 
     before the semicolon ``or subsection (b)(2)''.
       (b) Passenger Information.--Part II of title IV of the 
     Tariff Act of 1930 is amended by inserting after section 431 
     the following new section:

     ``SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED 
                   FOR AIR CARRIERS.

       ``(a) In General.--For every person arriving or departing 
     on an air carrier required to make entry or obtain clearance 
     under the customs laws of the United States, the pilot, the 
     master, operator, or owner of such carrier (or the authorized 
     agent of such owner or operator) shall provide, by electronic 
     transmission, manifest information specified in subsection 
     (b) in advance of such entry or clearance in such manner, 
     time, and form as the Secretary shall prescribe.
       ``(b) Information.--The information specified in this 
     subsection with respect to a person is--
       ``(1) full name;
       ``(2) date of birth and citizenship;
       ``(3) sex;
       ``(4) passport number and country of issuance;
       ``(5) United States visa number or resident alien card 
     number, as applicable;
       ``(6) passenger name record; and
       ``(7) such other information as the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation transportation safety pursuant to the laws enforced 
     or administered by the Customs Service.
       ``(c) Availability of Information.--Information provided 
     under this section may be shared with other departments and 
     agencies of the Federal Government, including the Department 
     of Transportation and the law enforcement agencies of the 
     Federal Government, for purposes of protecting the national 
     security of the United States.''.

[[Page S11564]]

       (c) Definition.--Section 401 of the Tariff Act of 1930 (19 
     U.S.C. 1401) is amended by adding at the end the following 
     new subsection:
       ``(t) Air Carrier.--The term `air carrier' means an air 
     carrier transporting goods or passengers for payment or other 
     consideration, including money or services rendered.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 45 days after the date of enactment of this 
     Act.
                                  ____

  SA 2113. Ms. LANDRIEU (for herself and Mr. DeWine) proposed an 
amendment to the bill H.R. 2944, making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       On page 68, after line 4, insert:
       Sec.   . The GAO, in consultation with the relevant 
     agencies and members of the Committee on Appropriations 
     Subcommittee on DC Appropriations shall submit by January 2, 
     2002 a report to the Committees on Appropriations of the 
     House and the Senate and the Committee on Governmental 
     Affairs of the Senate and the Committee on Government Reform 
     of the House of Representatives detailing the awards in 
     judgment rendered in the District of Columbia that were in 
     excess of the cap imposed by prior appropriations acts in 
     effect during the fiscal year when the work was performed, or 
     when payment was requested for work previously performed, in 
     actions brought against the District of Columbia Public 
     Schools under the Individuals with Disabilities Act (20 
     U.S.C. Sec. 1400 et. seq.). Provided further, that such 
     report shall include a comparison of the cause of actions and 
     judgments rendered against public school districts of 
     comparable demographics and population as the District.

                          ____________________