[Congressional Record Volume 149, Number 111 (Thursday, July 24, 2003)]
[Senate]
[Pages S9913-S9923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1362. Mr. DORGAN proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       Insert after section 615 the following:
       Sec.  . Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Secretary of State and the Attorney 
     General, shall report to the Committee on Appropriations of 
     the Senate and the House of Representatives on the 
     feasibility of providing access to State and local law 
     enforcement agencies to the database of the Department of 
     State on potential terrorists known as the ``Tipoff'' 
     database, including the process by which classified 
     information shall be secured from unauthorized disclosure.
                                 ______
                                 
  SA 1363. Mr. BOND (for himself, Ms. Stabenow, Mr. Lieberman, and Mr. 
Corzine) proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       On page 56, line 2, strike ``$172,736,000'' and insert 
     ``$690,944,000''.
       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$11,552,000,000''.
       On page 60, line 1, strike ``$750,000,000'' and insert 
     ``$3,000,000,000''.
       On page 60, line 15, strike ``$826,801,000'' and insert 
     ``$3,307,204,000''.
       On page 65, line 9, strike ``$165,000,000'' and insert 
     ``$660,000,000''.
                                 ______
                                 
  SA 1364. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

                                 ______
                                 
  SA 1365. Mrs. FEINSTEIN (for herself and Mr. Kyl) proposed an 
amendment to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

       At the end of the bill, add the following:

        TITLE ____--PORT ANTI-TERRORISM AND SECURITY ACT OF 2003

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Port Anti-Terrorism and 
     Security Act of 2003''.

   Subtitle A--Deterring and Punishing Terrorism and Crime at United 
                              States Ports

     SEC. 1101. DESTRUCTION OR INTERFERENCE WITH VESSELS OR 
                   MARITIME FACILITIES.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 65 the following:

                     ``CHAPTER 66--MARITIME VESSELS

``Sec.
``1371. Jurisdiction and scope.
``1372. Destruction of vessel or maritime facility.
``1373. Imparting or conveying false information.

     ``Sec. 1371 Jurisdiction and scope

       ``(a) In General.--There is jurisdiction under section 3231 
     over an offense under this chapter if--
       ``(1) the prohibited activity takes place within the United 
     States, or in waters or submerged lands thereunder subject to 
     the jurisdiction of the United States; or
       ``(2) the prohibited activity takes place outside the 
     United States, and--
       ``(A) an offender or a victim of the prohibited activity is 
     a citizen of the United States;
       ``(B) a citizen of the United States was on board a vessel 
     to which this chapter applies; or
       ``(C) the prohibited activity involves a vessel of the 
     United States.
       ``(b) Applicability.--Nothing in this chapter shall apply 
     to otherwise lawful activities carried out by, or at the 
     direction of, the United States Government.

     ``Sec. 1372. Destruction of vessel or maritime facility

       ``(a) Offenses.--It shall be unlawful for any person--
       ``(1) to willfully--
       ``(A) set fire to, damage, destroy, disable, or wreck any 
     vessel; or
       ``(B) place or cause to be placed a destructive device or 
     destructive substance in, upon, or in proximity to, or 
     otherwise make or cause to be made an unworkable or unusable 
     or hazardous to work or use, any vessel (as defined in 
     section 3 of title 1), or any part or other materials used or 
     intended to be used in connection with the operation of a 
     vessel; or
       ``(C) set fire to, damage, destroy, disable, or displace a 
     destructive device or destructive substance in, upon, or in 
     proximity to, any maritime facility, including any aid to 
     navigation, lock, canal, or vessel traffic service facility 
     or equipment, or interfere by force or violence with the 
     operation of such maritime facility, if such action is likely 
     to endanger the safety of any vessel in navigation;
       ``(D) set fire to, damage, destroy, disable, or place a 
     destructive device or destructive substance in, upon, or in 
     proximity to any appliance, structure, property, machine, 
     apparatus, or any facility or other material used or intended 
     to be used in connection with the operation, maintenance, 
     loading, unloading, or storage of any vessel or any passenger 
     or cargo carried on, or intended to be carried on, any 
     vessel;
       ``(E) perform an act of violence against or incapacitate an 
     individual on a vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(F) perform an act of violence against a person that 
     causes or is likely to cause serious bodily injury in, upon, 
     or in proximity to any appliance, structure, property, 
     machine, apparatus, or any facility or other material used or 
     intended to be used in connection with the operation, 
     maintenance, loading, unloading, or storage of any vessel or 
     any passenger or cargo carried or intended to be carried on 
     any vessel; or
       ``(G) communicate information, knowing the information to 
     be false and under circumstances in which such information 
     may reasonably be believed, thereby endangering the safety of 
     any vessel in navigation; or
       ``(2) to attempt or conspire to do anything prohibited 
     under paragraph (1).
       ``(b) Penalty.--Any person who--
       ``(1) violates subparagraph (A) or (B) of subsection (a)(1) 
     shall be fined in accordance with this title or imprisoned 
     for a maximum life imprisonment term, or both, and if death 
     results, shall be subject to the death penalty; and
       ``(2) violates subsection (a)(2) or subparagraph (C), (D), 
     (E), (F), or (G) of subsection (a)(1) shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.
       ``(c) Additional Penalties.--Any person who is fined or 
     imprisoned in accordance with subsection (b) for an offense 
     that involved a vessel that, at the time the violation 
     occurred, carried high-level radioactive waste or spent 
     nuclear fuel shall be fined in accordance with this title or 
     imprisoned for not less than 30 years, or for life.

[[Page S9914]]

       ``(d) Threatened Offense.--Any person who willfully imparts 
     or conveys any threat to do an act which would violate this 
     chapter, with an apparent determination and will to carry out 
     the threat, shall be--
       ``(1) fined in accordance with this title or imprisoned not 
     more than 5 years, or both; and
       ``(2) liable for all costs incurred as a result of such 
     threat.
       ``(e) Definitions.--For purposes of this section--
       ``(1) the term `destructive device' has the meaning as such 
     term in section 921(a)(4);
       ``(2) the term `destructive substance' has the meaning as 
     such term in section 31;
       ``(3) the term `high-level radioactive waste' has the 
     meaning as such term in section 2(12) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(4) the term `serious bodily injury' has the meaning as 
     such term in section 1365(g); and
       ``(5) the term `spent nuclear fuel' has the meaning as such 
     term in section 2(23) of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101(23)).

     ``Sec. 1373. Imparting or conveying false information

       ``(a) In General.--Any person who imparts or conveys, or 
     causes to be imparted or conveyed, false information, knowing 
     the information to be false, concerning an attempt or alleged 
     attempt being made or to be made, to do any act that is an 
     offense under this chapter or chapter 2, 97, or 111, shall be 
     subject to a civil penalty of not more than $5,000, which 
     shall be recoverable in a civil action brought in the name of 
     the United States.
       ``(b) Increased Penalty.--Any person who willfully and 
     maliciously, or with reckless disregard for the safety of 
     human life, imparts or conveys, or causes to be imparted or 
     conveyed, false information, knowing the information to be 
     false, concerning an attempt or alleged attempt being made by 
     or to be made, to do any act that is an offense under this 
     chapter or chapter 2, 97, or 111, shall be fined in 
     accordance with this title or imprisoned not more than 5 
     years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters at the beginning of title 18, is amended by 
     inserting after the item relating to chapter 65 the 
     following:
``66. Maritime Vessels......................................1371''.....

     SEC. 1102. CRIMINAL SANCTIONS FOR PLACEMENT OF DESTRUCTIVE 
                   DEVICES OR SUBSTANCES IN UNITED STATES 
                   JURISDICTIONAL WATERS.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by inserting after section 2280 the 
     following:

     ``Sec. 2280A. Devices or substances in waters of the United 
       States likely to destroy or damage ships

       ``(a) In General.--Any person who knowingly places or 
     causes to be placed in waters subject to the jurisdiction of 
     the United States, by any means, a device or substance that 
     is likely to destroy or cause damage to a ship or its cargo, 
     or cause interference with the safe navigation of vessels or 
     interference with maritime commerce, such as by damaging or 
     destroying marine terminals, facilities, and any other 
     maritime structure or entity used in maritime commerce, with 
     the intent of causing such destruction or damage--
       ``(1) shall be fined in accordance with this title and 
     imprisoned for any term of years or for life; and
       ``(2) if the death of any person results from conduct 
     prohibited under this section, may be punished by death.
       ``(b) Applicability.--Nothing in this section shall be 
     construed to apply to otherwise lawfully authorized and 
     conducted activities of the United States Government.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2280 
     the following:

``2280A. Devices or substances in waters of the United States likely to 
              destroy or damage ships.''.

     SEC. 1103. PIRACY AND PRIVATEERING.

       Chapter 81 of title 18, United States Code, is amended to 
     read as follows:

                 ``CHAPTER 81--PIRACY AND PRIVATEERING

``Sec.
``1651. Piracy.
``1652. Crimes against United States persons or property on board a 
              ship or maritime structure.
``1653. Crimes against persons on board a ship or maritime structure 
              within the territorial jurisdiction of the United States.
``1654. Crimes by United States citizens or resident aliens.
``1655. Privateering.
``1656. Theft or conversion of vessel, maritime structure, cargo, or 
              effects.
``1657. Intentional wrecking or plunder of a vessel, maritime 
              structure, cargo, or effects.
``1658. Knowing receipt of an illegally acquired vessel, maritime 
              structure, cargo, or effects.
``1659. Attempts.
``1660. Accessories.
``1661. Inapplicability to United States Government activities.

     ``Sec. 1651. Piracy

       ``Any person who commits the crime of piracy and is 
     afterwards brought into, or found in, the United States shall 
     be imprisoned for life.

     ``Sec. 1652. Crimes against United States persons or property 
       on board a ship or maritime structure

       ``Any person who commits any illegal act of violence, 
     detention, or depredation against the United States, 
     including any vessel of the United States, citizen of the 
     United States, any commercial structure owned in whole or in 
     part by a United States citizen or resident alien, or any 
     United States citizen or resident alien, or the property of 
     that citizen or resident alien, on board a ship or maritime 
     structure and is afterwards brought into or found in the 
     United States, shall be fined in accordance with this title 
     or imprisoned not more than 20 years, or both.

     ``Sec. 1653. Crimes against persons on board a ship or 
       maritime structure within the territorial jurisdiction of 
       the United States

       ``Any person who commits any illegal act of violence, 
     detention, or depredation against an individual on board a 
     ship or maritime structure, or the property of that 
     individual, in waters or submerged lands thereunder, subject 
     to the jurisdiction of the United States, shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1654. Crimes by United States citizens or resident 
       aliens

       ``Any person, being a United States citizen or resident 
     alien, or purporting to act under the authority of the United 
     States, who commits any illegal act of violence, detention, 
     or depredation against an individual on board a ship or 
     maritime structure, or the property of that individual, shall 
     be fined in accordance with this title or imprisoned not more 
     than 20 years, or both.

     ``Sec. 1655. Privateering

       ``(a) Offense.--It shall be unlawful for any person to 
     furnish, fit out, arm, or serve in a privateer or private 
     vessel used to commit any illegal act of violence, detention, 
     or depredation against an individual, or the property of that 
     individual, or any vessel or maritime structure without the 
     express authority of the United States Government when--
       ``(1) the perpetrator of the act is a United States citizen 
     or resident alien, or purports to act under authority of the 
     United States;
       ``(2) the individual against whom the act is committed is a 
     United States citizen or resident alien or the property, 
     vessel, or maritime structure involved is owned, in whole or 
     in part, by a United States citizen or resident alien; or
       ``(3) some element of the illegal act of violence, 
     detention, or depredation is committed in waters subject to 
     the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1656. Theft or conversion of vessel, maritime 
       structure, cargo, or effects

       ``(a) Offense.--It shall be unlawful for any person who is 
     a captain, officer, crewman, or passenger of a vessel or 
     maritime structure to assist in the theft or conversion of 
     such vessel or maritime structure, or its cargo or effects 
     when--
       ``(1) the perpetrator is a United States citizen or 
     resident alien, or purports to act under the authority of the 
     United States;
       ``(2) the vessel, maritime structure, cargo, or effects is 
     owned in whole or in part by a United States citizen or 
     resident alien; or
       ``(3) some element of the theft or conversion is committed 
     in waters subject to the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1657. Intentional wrecking or plunder of a vessel, 
       maritime structure, cargo, or effects

       ``(a) Offense.--It shall be unlawful for any person to--
       ``(1) intentionally cause the wrecking of a vessel or 
     maritime structure by act or omission, either directly such 
     as by intentional grounding, or indirectly by modification or 
     destruction of any navigational marker or safety device;
       ``(2) intentionally plunder, steal, or destroy a vessel, 
     maritime structure, cargo, or effects when such vessel or 
     maritime structure is in distress, wrecked, lost, stranded, 
     or cast away; or
       ``(3) intentionally obstruct or interfere with the rescue 
     of a person on board a vessel or maritime structure in 
     distress, wrecked, lost, stranded, or cast away, or the legal 
     salvage of such a vessel, maritime structure, cargo, or 
     effects, when--
       ``(A) the perpetrator is a United States citizen or 
     resident alien, or purports to act under authority of the 
     United States;
       ``(B) the vessel, maritime structure, cargo, or effects is 
     owned in whole or in part by a United States citizen or 
     resident alien; or
       ``(C) some element of the theft or conversion is committed 
     in waters subject to the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1658. Knowing receipt of an illegally acquired vessel, 
       maritime structure, cargo, or effects

       ``Any person who knowingly receives or acquires a vessel, 
     maritime structure, cargo, or

[[Page S9915]]

     effects converted or obtained by action falling under any 
     section of this chapter shall be fined in accordance with 
     this title or imprisoned not more than 20 years, or both.

     ``Sec. 1659. Attempts

       Any person who attempts any act which, if committed, would 
     constitute an offense under this chapter shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1660. Accessories

       ``(a) Commission of an Offense.--Any person who knowingly 
     assists any person in the commission of an act that 
     constitutes an offense under this chapter shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.
       ``(b) Avoidance of Consequences.--Any person who knowingly 
     assists any person in avoiding the consequences of an act 
     that constitutes an offense under this chapter shall be fined 
     in accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1661. Inapplicability to United States Government 
       activities

       ``Nothing in this chapter shall apply to otherwise lawful 
     activities--
       ``(1) carried out by, or at the direction of, the United 
     States Government; or
       ``(2) undertaken under a letter or marque and reprisal 
     issued by the United States Government.''.

     SEC. 1104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A 
                   PASSENGER VESSEL.

       (a) In General.--Chapter 39 of title 18, United States 
     Code, is amended by inserting after section 831 the 
     following:

     ``Sec. 832. Use of a dangerous weapon or explosive on a 
       passenger vessel

       ``(a) Offense.--It shall be unlawful for any person to 
     willfully--
       ``(1) commit an act, including the use of a dangerous 
     weapon, explosive, or incendiary device, with the intent to 
     cause death or serious bodily injury to a crew member or 
     passenger of a passenger vessel or any other person while on 
     board a passenger vessel; or
       ``(2) attempt, threaten, or conspire to do any act referred 
     to in paragraph (1).
       ``(b) Penalty.--An person who violates subsection (a) shall 
     be fined in accordance with this title or imprisoned not more 
     than 20 years, or both.
       ``(c) Aggravated Offense.--Any person who commits an 
     offense described in subsection (a) in a circumstance in 
     which--
       ``(1) the vessel was carrying a passenger at the time of 
     the offense; or
       ``(2) the offense has resulted in the death of any person;
     shall be guilty of an aggravated offense and shall be fined 
     in accordance with this title or imprisoned for any term of 
     years or for life.
       ``(d) Applicability.--This section shall apply to vessels 
     that are subject to the jurisdiction of the United States, 
     and vessels carrying passengers who are United States 
     citizens or resident aliens, wherever located.
       ``(e) Definitions.--For purposes of this section--
       ``(1) the term `dangerous weapon' has the meaning given 
     such term in section 930(g);
       ``(2) the term `explosive or incendiary device' has the 
     meaning given such term in section 232(5);
       ``(3) the term `passenger' has the same meaning given such 
     term in section 2101(21) of title 46;
       ``(4) the term `passenger vessel' has the same meaning 
     given such term in section 2101(22) of title 46; and
       ``(5) the term `serious bodily injury' has the meaning 
     given such term in section 1365(g).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 39 of title 18, United States Code, is 
     amended by inserting after the item relating to section 831 
     the following:

``832. Use of a dangerous weapon or explosive on a passenger vessel.''.

     SEC. 1105. SANCTIONS FOR FAILURE TO HEAVE TO AND FOR 
                   OBSTRUCTION OF BOARDING AND PROVIDING FALSE 
                   INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Sanctions for failure to heave to; sanctions for 
       obstruction of boarding or providing false information

       ``(a) Failure To Heave To.--It shall be unlawful for the 
     master, operator, or person in charge of a vessel of the 
     United States, or a vessel subject to the jurisdiction of the 
     United States, to knowingly fail to obey an order to heave to 
     on being ordered to do so by an authorized Federal law 
     enforcement officer.
       ``(b) Obstruction of Boarding and Providing False 
     Information.--It shall be unlawful for any person on board a 
     vessel of the United States or a vessel subject to the 
     jurisdiction of the United States to--
       ``(1) forcibly assault, resist, oppose, prevent, impede, 
     intimidate, or interfere with a boarding or other law 
     enforcement action authorized by any Federal law, or to 
     resist a lawful arrest; or
       ``(2) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew that the person knows is false.
       ``(c) Limitations.--This section shall not limit the 
     authority of--
       ``(1) an officer under section 581 of the Tariff Act of 
     1930 (19 U.S.C. 1581) or any other provision of law enforced 
     or administered by the Secretary of the Treasury or the Under 
     Secretary for Border and Transportation Security of the 
     Department of Homeland Security; or
       ``(2) a Federal law enforcement officer under any law of 
     the United States to order a vessel to stop or heave to.
       ``(d) Consent or Objection to Enforcement.--A foreign 
     nation may consent or waive objection to the enforcement of 
     United States law by the United States under this section by 
     radio, telephone, or similar oral or electronic means, which 
     consent or waiver may be proven by certification of the 
     Secretary of State or the Secretary's designee.
       ``(e) Penalty.--Any person who intentionally violates this 
     section shall be fined in accordance with this title and 
     imprisoned not more than 1 year.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the terms `vessel of the United States' and `vessel 
     subject to the jurisdiction of the United States' have the 
     same meanings as such terms in section 3 of the Maritime Drug 
     Law Enforcement Act (46 U.S.C. App. 1903);
       ``(2) the term `heave to' means to cause a vessel to slow, 
     come to a stop, or adjust its course or speed to account for 
     the weather conditions and sea state to facilitate a law 
     enforcement boarding; and
       ``(3) the term `Federal law enforcement officer' has the 
     same meaning as such term in section 115.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
              boarding or providing false information.''.

     SEC. 1106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
                   NAVIGATION.

       Section 2280(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (F), (G), and (H) as 
     (G), (H), and (I), respectively;
       (B) by inserting after subparagraph (E) the following:
       ``(F) destroys, damages, alters, moves, or tampers with any 
     aid to maritime navigation maintained by the Saint Lawrence 
     Seaway Development Corporation under the authority of section 
     4 of the Act of May 13, 1954, (33 U.S.C. 984) or the Coast 
     Guard pursuant to section 81 of title 14, or lawfully 
     maintained by the Coast Guard pursuant to section 83 of title 
     14, if such act endangers or is likely to endanger the safe 
     navigation of a ship;''; and
       (C) in subparagraph (I), as so redesignated, by striking 
     ``through (G)'' and inserting ``through (H)''; and
       (2) in paragraph (2), by striking ``(C) or (E)'' and 
     inserting ``(C), (E), or (F)''.

     SEC. 1107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2282. Knowing discharge or release

       ``(a) Endangerment of Human Life.--Any person who knowingly 
     discharges or releases oil, a hazardous material, a noxious 
     liquid substance, or any other substance into the navigable 
     waters of the United States or the adjoining shoreline with 
     the intent to endanger human life, health, or welfare--
       ``(1) shall be fined in accordance with this title and 
     imprisoned for any term of years or for life; and
       ``(2) if the death of any person results from conduct 
     prohibited under this section, may be punished by death.
       ``(b) Endangerment of Marine Environment.--Any person who 
     knowingly discharges or releases oil, a hazardous material, a 
     noxious liquid substance, or any other substance into the 
     navigable waters of the United States or the adjacent 
     shoreline with the intent to endanger the marine environment 
     shall be fined in accordance with this title or imprisoned 
     not more than 30 years, or both.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `discharge' means any spilling, leaking, 
     pumping, pouring, emitting, emptying, or dumping;
       ``(2) the term `hazardous material' has the same meaning 
     given such term in section 2101(14) of title 46;
       ``(3) the term `marine environment' has the same meaning 
     given such term in section 2101(15) of title 46;
       ``(4) the term `navigable waters' has the same meaning 
     given such term in section 502(7) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(7)), and also includes 
     the territorial sea of the United States as described in 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(5) the term `noxious liquid substance' has the same 
     meaning given such term in the MARPOL Protocol as defined in 
     section 2(a)(3) of the Act to Prevent Pollution from Ships 
     (33 U.S.C. 1901(a)(3)).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding at the end the following:

``2282. Knowing discharge or release.''.

     SEC. 1108. ATTORNEY GENERAL TO COORDINATE PORT-RELATED CRIME 
                   DATA COLLECTION.

       (a) Regulations.--The Attorney General shall issue 
     regulations to--

[[Page S9916]]

       (1) require the reporting by a carrier that is the victim 
     of a cargo theft offense to the Attorney General of 
     information on the cargo theft offense (including offenses 
     occurring outside ports of entry and ports of shipment 
     origination) that identifies the port of entry, the port 
     where the shipment originated, where the theft occurred, and 
     any other information specified by the Attorney General;
       (2) create a database to contain the reports described in 
     paragraph (1) and integrate those reports, to the extent 
     feasible, with other noncriminal justice and intelligence 
     data, such as insurer bill of lading, cargo contents and 
     value, point of origin, and lien holder filings; and
       (3) prescribe procedures for access to the database created 
     in accordance with paragraph (2) by appropriate Federal, 
     State, and local governmental agencies and private companies 
     or organizations, while limiting access to privacy of the 
     information in accordance with other applicable Federal laws.
       (b) Modification of Databases.--
       (1) In general.--United States Government agencies with 
     significant regulatory or law enforcement responsibilities at 
     United States ports shall, to the extent feasible, modify 
     their information databases to ensure the collection and 
     retrievability of data relating to crime, terrorism, and 
     related activities at, or affecting, United States ports.
       (2) Designation of agencies.--The Attorney General, after 
     consultation with the Secretary of Homeland Security, shall 
     designate the agencies referred to in paragraph (1).
       (c) Outreach Program.--The Attorney General, in 
     consultation with the Secretary of Homeland Security, the 
     National Maritime Security Advisory Committee established 
     under section 70112 of title 46, United States Code, and the 
     appropriate Federal and State agencies, shall establish an 
     outreach program--
       (1) to work with State and local law enforcement officials 
     to harmonize the reporting of data on cargo theft among 
     States and localities with the United States Government's 
     reports; and
       (2) to work with local port security committees to 
     disseminate cargo theft information to appropriate law 
     enforcement officials.
       (d) Annual Report.--The Attorney General shall report 
     annually to the Committee on the Judiciary of the Senate and 
     the House of Representatives on the implementation of this 
     section.
       (e) Interstate or Foreign Shipments by Carrier; State 
     Prosecutions.--
       (1) State prosecutions.--Section 659 of title 18, United 
     States Code, is amended--
       (A) in the first undesignated paragraph--
       (i) by striking ``Whoever embezzles'' and inserting the 
     following:
       ``(a) Offense; Penalty.--Whoever--
       ``(1) embezzles'';
       (ii) by striking ``from any pipeline system'' and all that 
     follows through ``with intent to convert to his own use''; 
     and
       (iii) by striking ``or'' at the end;
       (B) in the second undesignated paragraph--
       (i) by striking ``Whoever buys'' and inserting the 
     following:
       ``(2) buys''; and
       (ii) by striking ``or'' at the end;
       (C) in the third undesignated paragraph--
       (i) by striking ``Whoever embezzles'' and inserting the 
     following''
       ``(3) embezzles''; and
       (ii) by striking ``with intent to convert to his own use'';
       (D) in the fourth undesignated paragraph, by striking 
     ``Whoever embezzles'' and inserting the following:
       ``(4) embezzles'';
       (E) in the fifth undesignated paragraph, by striking 
     ``Shall in each case'' and inserting the following:
     ``shall in each case'';
       (F) in the sixth undesignated paragraph, by striking 
     ``The'' and inserting the following:
       ``(b) Location of Offense.--The'';
       (G) in the seventh undesignated paragraph, by striking 
     ``The'' and inserting the following''
       ``(c) Separate Offense.--The'';
       (H) in the eighth undesignated paragraph, by striking 
     ``To'' and inserting the following:
       ``(d) Prima Facie Evidence.--To'';
       (I) in the ninth undesignated paragraph, by striking ``A'' 
     and inserting the following:
       ``(e) Prosecution.--A''; and
       (J) by adding at the end the following:
       ``(f) Civil Penalty.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, and in addition to any penalties that may be available 
     under any other provision of law, a person who is found by 
     the Secretary of Homeland Security, after notice and an 
     opportunity for a hearing, to have violated this section or a 
     regulation issued under this section shall be liable to the 
     United States for a civil penalty not to exceed $25,000 for 
     each violation.
       ``(2) Separate violations.--Each day of a continuing 
     violation shall constitute a separate violation.
       ``(3) Amount of penalty.--
       ``(A) In general.--The amount of a civil penalty for a 
     violation of this section or a regulation issued under this 
     section shall be assessed by the Attorney General, or the 
     designee of the Attorney General, by written notice.
       ``(B) Considerations.--In determining the amount of a civil 
     penalty under this paragraph, the Attorney General shall take 
     into account--
       ``(i) the nature, circumstances, extent, and gravity of the 
     prohibited act committed; and
       ``(ii) with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and such other matters as justice may require.
       ``(4) Modification of penalty.--The Secretary of Homeland 
     Security may compromise, modify, or remit, with or without 
     conditions, any civil penalty that is subject to imposition 
     or which has been imposed under this section.
       ``(5) Failure to pay.--If a person fails to pay an 
     assessment of a civil penalty after it has become final, the 
     Secretary of Homeland Security may refer the matter to the 
     Attorney General for collection in an appropriate district 
     court of the United States.
       ``(g) Definition.--For purposes of this section, the term 
     `goods or chattels' means to be moving as an interstate or 
     foreign shipment at all points between the point of origin 
     and the final destination (as evidenced by the waybill or 
     other shipping document of the shipment) regardless of any 
     temporary stop while awaiting transshipment or otherwise.''.
       (2) Federal sentencing guidelines.--Pursuant to section 994 
     of title 28, United States Code, the United States Sentencing 
     Commission shall review the Federal Sentencing Guidelines to 
     determine whether sentencing enhancement is appropriate for 
     any offense under section 659 of title 18, United States 
     Code, as amended by this subsection.
       (3) Annual report.--The Attorney General shall annually 
     submit to Congress a report that shall include an evaluation 
     of law enforcement activities relating to the investigation 
     and prosecution of offenses under section 659 of title 18, 
     United States Code.

 Subtitle B--Protecting United States Ports Against Terrorism and Crime

     SEC. 1201. DEFINITIONS.

       In this subtitle:
       (1) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102 of title 49, United States Code.
       (2) Captain-of-the-port.--The term ``Captain-of-the-Port'', 
     with respect to a United States seaport, means the individual 
     designated by the Commandant of the Coast Guard as the 
     Captain-of-the-Port at that seaport.
       (3) Common carrier.--The term ``common carrier'' means any 
     person that holds itself out to the general public as a 
     provider for hire of a transportation by water, land, or air 
     of merchandise, whether or not the person actually operates 
     the vessel, vehicle, or aircraft by which the transportation 
     is provided, between a port or place and a port or place in 
     the United States.
       (4) Container.--The term ``container'' means a container 
     that is used or designed for use for the international 
     transportation of merchandise by vessel, vehicle, or 
     aircraft.
       (5) Directorate.--The term ``Directorate'' means the Border 
     and Transportation Security Directorate of the Department of 
     Homeland Security.
       (6) Manufacturer.--The term ``manufacturer'' means a person 
     who fabricates or assembles merchandise for sale in commerce.
       (7) Merchandise.--The term ``merchandise'' has the meaning 
     given that term in section 401 of the Tariff Act of 1930 (19 
     U.S.C. 1401).
       (8) Shipment.--The term ``shipment'' means cargo traveling 
     in international commerce under a bill of lading.
       (9) United states seaport.--The term ``United States 
     seaport'' means a place in the United States on a waterway 
     with shoreside facilities for the intermodal transfer of 
     cargo containers that are used in international trade.
       (11) Vehicle.--The term ``vehicle'' has the meaning given 
     that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).
       (12) Vessel.--The term ``vessel'' has the meaning given 
     that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).

     SEC. 1202. DESIGNATED SECURITY AUTHORITY.

       The Captain-of-the-Port of each United States seaport shall 
     be the primary authority responsible for security at the 
     United States seaport and shall--
       (1) coordinate security at such seaport; and
       (2) be the point of contact on seaport security issues for 
     civilian and commercial port entities at such seaport.

     SEC. 1203. PENALTIES FOR INACCURATE MANIFEST.

       (a) Falsity or Lack of Manifest.--Section 584 of the Tariff 
     Act of 1930 (19 U.S.C. 1584) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``$1,000'' each place it appears and 
     inserting ``$50,000''; and
       (B) by striking ``$10,000'' and inserting ``$50,000''; and
       (2) by adding at the end the following new subsection:
       ``(c) Criminal Penalties.--Any person who ships or prepares 
     for shipment any merchandise bound for the United States who 
     intentionally provides inaccurate or false information, 
     whether inside or outside the United States, with respect to 
     such merchandise for the purpose of introducing such 
     merchandise into the United States in violation of the laws 
     of the United States, shall be liable, upon conviction of a 
     violation of this subsection, for a fine of not more than 
     $50,000 or imprisonment for 1 year, or both; except that if 
     the importation of such merchandise into the United States is 
     prohibited, such person shall be liable for an additional 
     fine of not more than $50,000 or imprisonment for not more 
     than 5 years, or both.''.

[[Page S9917]]

       (b) Penalties for Violations of the Arrival, Reporting, 
     Entry, and Clearance Requirements.--Subsections (b) and (c) 
     of section 436 of Tariff Act of 1930 (19 U.S.C. 1436) are 
     amended to read as follows:
       ``(b) Civil Penalty.--Any master, person in charge of a 
     vessel, vehicle, or aircraft pilot who commits any violation 
     listed in subsection (a) shall be liable for a civil penalty 
     of $25,000 for the first violation, and $50,000 for each 
     subsequent violation, and any conveyance used in connection 
     with any such violation is subject to seizure and forfeiture.
       ``(c) Criminal Penalty.--In addition to being liable for a 
     civil penalty under subsection (b), any master, person in 
     charge of a vessel, vehicle, or aircraft pilot who 
     intentionally commits or causes another to commit any 
     violation listed in subsection (a) shall be liable, upon 
     conviction, for a fine of not more than $50,000 or 
     imprisonment for 1 year, or both; except that if the 
     conveyance has, or is discovered to have had, on board any 
     merchandise (other than sea stores or the equivalent for 
     conveyances other than vessels) the importation of which into 
     the United States is prohibited, such individual shall be 
     liable for an additional fine of not more than $50,000 or 
     imprisonment for not more than 5 years, or both.''.

     SEC. 1204. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a plan to--
       (1) station inspectors from the Directorate, other Federal 
     agencies, or the private sector at the foreign facilities of 
     manufacturers or common carriers to profile and inspect 
     merchandise and the containers or other means by which such 
     merchandise is transported as they are prepared for shipment 
     on a vessel that will arrive at any port or place in the 
     United States;
       (2) develop procedures to ensure the security of 
     merchandise inspected as described in paragraph (1) until it 
     reaches the United States; and
       (3) permit merchandise inspected as described in paragraph 
     (1) to receive expedited inspection upon arrival in the 
     United States.
                                 ______
                                 
  SA 1366. Mr. BAYH (for himself, Mr. Nelson of Nebraska, Mr. Akaka, 
Mrs. Feinstein, and Ms. Mikulski) submitted an amendment intended to be 
proposed by him to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; which was ordered to lie on the 
table; as follows:

       Insert after section 615 the following:
       Sec. 616. (a) Plan for Enhancement of Operations of Office 
     of Information Analysis and Infrastructure Protection.--Not 
     later than 120 after the date of the enactment of this Act, 
     the Secretary of Homeland Security shall submit to Congress a 
     plan for enhancements of the operations of the Office of 
     Information Analysis and Infrastructure Protection (IAIP) in 
     order to--
       (1) meet the personnel requirements of the Office;
       (2) improve communications between the Office and the 
     intelligence community; and
       (3) improve coordination between the Office and State and 
     local counterterrorism and law enforcement officials.
       (b) Additional Elements.--In addition to the matters 
     specified in subsection (a) the report shall include the 
     following:
       (1) A description of the current assets and capabilities of 
     the Office of Information Analysis and Infrastructure 
     Protection.
       (2) A strategy for the Office for the coordination and 
     dissemination of intelligence and other information.
       (3) A schedule for the implementation of the plan required 
     under subsection (a).
       (c) Annual Reports on Certain Efforts.--(1) Not later than 
     one year after the date of the enactment of this Act, and 
     annually thereafter, the Secretary shall submit to Congress a 
     report on the efforts of the Office of Information Analysis 
     and Infrastructure Protection during the one-year period 
     ending on the date of such report to coordinate with other 
     Federal agencies, State and local governments, and the 
     private sector on the collection, analysis, and dissemination 
     of information on threats to the United States and its 
     infrastructure.
       (2) Each report shall include, for the period covered by 
     such report--
       (A) a description of the efforts described in paragraph 
     (1), including any capabilities developed or enhanced as a 
     result of such efforts; and
       (B) an assessment of the success of such efforts.
                                 ______
                                 
  SA 1367. Mr. BYRD proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       On page 75, Line 6, insert the following:

            TITLE VII--FULFILLING HOMELAND SECURITY PROMISES

  Office of the Under Secretary for Border and Transportation Security

   Transportation Security Administration Maritime and Land Security

       For an additional amount for ``Maritime and Land 
     Security'', $100,000,000, to remain available until September 
     30, 2005, for port security grants, which shall be 
     distributed under the same terms and conditions as provided 
     under Public Law 107-117.

                       United States Coast Guard


                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $42,000,000, to remain available until December 31, 2004, 
     shall be for costs pursuant to Public Law 107-295 for 
     implementing the Maritime Transportation Security Act 
     including those costs associated with the review of vessel 
     and facility security plans and the development of area 
     security plans.

                    Office for Domestic Preparedness

       For an additional amount for ``Firefighter Assistance 
     Grants,'' $100,000,000, to remain available through September 
     30, 2005, for programs authorized by section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.).

      Office of the Under Secretary for Information Analysis and 
                       Infrastructure Protection

       Of the amounts made available for the ``Office of the Under 
     Secretary for Information Analysis and Infrastructure 
     Protection'', $50,000,000, to remain available until 
     September 30, 2005, shall be for chemical facility security 
     assessments.

      Office of the Under Secretary for Information Analysis and 
                       Infrastructure Protection

       On page 66, line 9, strike ``$823,700,000,'' and insert 
     ``$581,700,000,''.
                                 ______
                                 
  SA 1368. Mr. SPECTER (for himself, Mr. Schumer, Mr. Warner, Mrs. 
Clinton, Ms. Mikulski, Mr. Corzine, Mr. Kennedy, Mrs. Murray, Mr. 
Lautenberg, Mr. Durbin, and Mr. Sarbanes) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$3,138,000,000''.
       On page 59, line 1, strike ``$750,000,000'' and insert 
     ``$1,000,000,000''.
                                 ______
                                 
  SA 1369. Mr. GRAHAM of South Carolina submitted an amendment intended 
to be proposed by him to the bill H.R. 2754, making appropriations for 
energy and water development for the fiscal year ending September 30 
2004, and for other purposes; which was ordered to lie on the table, as 
follows:

       On page 51, line 18, strike ``$285,000,000'' and insert 
     ``$451,000,000''.
                                 ______
                                 
  SA 1370. Mr. SPECTER (for Mr. Schumer (for himself, Mr. Specter, Mr. 
Warner, and Mrs. Clinton)) proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$3,138,000,000''.
       On page 59, line 1, strike ``$750,000,000'' and insert 
     ``$1,000,000,000''.
       On page 66, line 9, strike ``$823,700,000'' and insert 
     ``$636,340,000''.
       On page 66, line 23, strike ``$866,000,000'' and insert 
     ``$803,360,000''.
                                 ______
                                 
  SA 1371. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       Insert after section 615 the following:
       Sec. 616. (a) Plan for Enhancement of Operations of Office 
     of Information Analysis and Infrastructure Protection.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a plan for enhancements of the operations of the 
     Office of Information Analysis and Infrastructure Protection 
     (IAIP) in order to--
       (1) meet the personnel requirements of the Office;
       (2) improve communications between the Office and the 
     intelligence community; and
       (3) improve coordination between the Office and State and 
     local counterterrorism and law enforcement officials.
       (b) Additional Elements.--In addition to the matters 
     specified in subsection (a) the report shall include the 
     following:
       (1) A description of the current assets and capabilities of 
     the Office of Information Analysis and Infrastructure 
     Protection.
       (2) A strategy for the Office for the coordination and 
     dissemination of intelligence and other information.
       (3) A schedule for the implementation of the plan required 
     under subsection (a).
                                 ______
                                 
  SA 1372. Mr. REED (for himself, Mr. Sarbanes, Mr. Corzine, and Mrs. 
Clinton) proposed and amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes;

[[Page S9918]]

which was ordered to lie on the table; as follows:

       On page 49, between lines 7 and 8, insert the following:


                            Transit Security

       For necessary expenses of the Transportation Security 
     Administration related to land transportation security 
     services pursuant to the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note) and for other purposes, 
     $100,000,000, to remain available until December 31, 2004, 
     which shall be available for grants to public transit 
     agencies for enhancing the security of transit facilities 
     against chemical, biological and other terrorist threats: 
     Provided, That the Secretary of Homeland Security shall make 
     such grants pursuant to threat assessments previously 
     conducted by the Transportation Security Administration and 
     the Federal Transit Administration: Provided further, That 
     the Secretary of Homeland Security and the Secretary of 
     Transportation shall enter into a memorandum of understanding 
     regarding transit security. Provided further, That not later 
     than 60 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall submit a report to 
     Congress that includes--
       (1) the amount of funds appropriated to the Transportation 
     Security Administration (TSA) that have been allocated for 
     activities designed to improve public transportation 
     security;
       (2) the number of full-time TSA personnel engaged in 
     activities designed to improve public transportation 
     security;
       (3) the strategic plan of the TSA for improving the 
     security of our Nation's public transportation systems; and
       (4) recommendations from the TSA for any policy changes 
     needed to ensure that the TSA, in coordination with other 
     agencies within the Department of Homeland Security, will 
     effectively improve public transportation security for our 
     Nation's transit riders.
                                 ______
                                 
  SA 1373. Mr. BYRD (for himself, Mr. Lieberman, Mr. Levin, and Mrs. 
Clinton) proposed an amendment intended to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. 616. None of the funds appropriated by this Act may be 
     used to fund the activities of any advisory committee (as 
     defined in section 3 of the Federal Advisory Committee Act) 
     that has been exempted from the Federal Advisory Committee 
     Act (5 U.S.C. App.) pursuant to section 871 of the Homeland 
     Security Act of 2002 (6 U.S.C. 451).
                                 ______
                                 
  SA 1374. Mr. BYRD (for Mr. Durbin (for himself, Mrs. Clinton, and Mr. 
Corzine)) proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.  . Not later than 60 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, in 
     collaboration with the Director of the Office of Management 
     and Budget, shall submit a report to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, the Committee on 
     Governmental Affairs of the Senate, the Committee on 
     Government Reform of the House of Representatives, and the 
     Select Committee on Homeland Security of the House of 
     Representatives on the status of the Department's efforts 
     to--
       (1) complete an inventory of the Department's entire 
     information technology infrastructure;
       (2) devise and deploy a secure comprehensive enterprise 
     architecture that--
       (A) promotes interoperability of homeland security 
     information systems, including communications systems, for 
     agencies within and outside the Department;
       (B) avoids unnecessary duplication; and
       (C) aids rapid and appropriate information exchange, 
     retrieval, and collaboration at all levels of government;
       (3) consolidate multiple overlapping and inconsistent 
     terrorist watch lists, reconcile different policies and 
     procedures governing whether and how terrorist watch list 
     data are shared with other agencies and organizations, and 
     resolve fundamental differences in the design of the systems 
     that house the watch lists so as to achieve consistency and 
     expeditious access to accurate, complete, and current 
     information;
       (4) ensure that the Department's enterprise architecture 
     and the information systems leveraged, developed, managed, 
     and acquired under such enterprise architecture are capable 
     of rapid deployment, limit data access only to authorized 
     users in a highly secure environment, and are capable of 
     continuous system upgrades to benefit from advances in 
     technology while preserving the integrity of stored data; and
       (5) align common information technology investments within 
     the Department and between the Department and other Federal, 
     State, and local agencies responsible for homeland security 
     to minimize inconsistent and duplicate acquisitions and 
     expenditures.
                                 ______
                                 
  SA 1375. Mr. BYRD (for Mr. Feingold) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 59, at the end of line 23, after ``heading'' insert 
     the following:
       Provided further, That not later than January 1, 2004, the 
     Office of Domestic Preparedness shall submit to the 
     Committees on Appropriations of the Senate and House of 
     Representatives a report detailing efforts to assess and 
     disseminate best practices to emergency responders which, at 
     a minimum, shall discuss (1) efforts to coordinate and share 
     information with state and local officials and emergency 
     preparedness organizations; and (2) steps the Department 
     proposes to improve the coordination and sharing of such 
     information, if any.
                                 ______
                                 
  SA 1376. Mr. LEVIN (for himself and Mr. Reid) proposed an amendment 
to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; as follows:

       At the end, add the following:

     SEC. ____. PROHIBITION ON APPROPRIATIONS AVAILABILITY TO 
                   CORPORATE EXPATRIATES.

       No funds in this Act shall be available for any contract 
     entered into after the date of enactment of this Act by the 
     Department of Homeland Security with--
       (1) an inverted domestic corporation (as defined in section 
     835 of the Homeland Security Act of 2002 (Public Law 107-296; 
     6 U.S.C. 395)),
       (2) any corporation which completed a plan (or series of 
     transactions) described in such section before, on, or after 
     the date of enactment of the Homeland Security Act of 2002 
     (Public Law 107-296; 6 U.S.C. 395), or
       (3) any subsidiary of a corporation described in paragraph 
     (1) or (2).
                                 ______
                                 
  SA 1377. Mr. BAYH (for himself, Mr. Akaka, Mr. Nelson of Nebraska, 
Mr. McCain, Mrs. Feinstein, Ms. Mikulski, and Mrs. Clinton) submitted 
an amendment intended to be proposed by him to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a plan for enhancements of the operations of 
     the Information Analysis and Infrastructure Protection 
     Directorate in order to--
       (1) meet the personnel requirements of the Directorate;
       (2) improve communications between the Directorate and the 
     intelligence community; and
       (3) improve coordination between the Directorate and State 
     and local counterterrorism and law enforcement officials.
       (b) In addition to the matters specified in subsection (a), 
     the plan shall include a description of the current assets 
     and capabilities of the Information Analysis and 
     Infrastructure Protection Directorate, a strategy for the 
     Directorate for the coordination and dissemination of 
     intelligence and other information, and a schedule for the 
     implementation of the plan required under subsection (a).
                                 ______
                                 
  SA 1378. Mr. COCHRAN (for Ms. Landrieu) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       At the appropriate place insert the following:
       Sec. ____. It is the sense of the Senate that the 
     Department of Homeland Security's Undersecretary for Science 
     and Technology should take all appropriate steps to ensure 
     the active participation of historically black colleges and 
     universities, tribal colleges, Hispanic-serving institutions, 
     and Alaskan Native serving institutions in Department 
     sponsored university research.
                                 ______
                                 
  SA 1379. Mr. COCHRAN (for Mr. Bayh (for himself, Mr. Akaka, Mr. 
Nelson of Nebraska, Mr. McCain, Mrs. Feinstein, Ms. Mikulski, and Mrs. 
Clinton) proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Not later than 120 days after the date of 
     the enactment of this Act, the

[[Page S9919]]

     Secretary shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a plan for 
     enhancements of the operations of the Information Analysis 
     and Infrastructure Protection Directorate in order to--
       (1) meet the personnel requirements of the Directorate;
       (2) improve communications between the Directorate and the 
     intelligence community; and
       (3) improve coordination between the Directorate and State 
     and local counterterrorism and law enforcement officials.
       (b) In addition to the matters specified in subsection (a), 
     the plan shall include a description of the current assets 
     and capabilities of the Information Analysis and 
     Infrastructure Protection Directorate, a strategy for the 
     Directorate for the coordination and dissemination of 
     intelligence and other information, and a schedule for the 
     implementation of the plan required under subsection (a).
                                 ______
                                 
  SA 1380. Mr. BYRD (for Mr. Feingold) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       At the appropriate place, insert the following:
       Sec. ____. Not later than 90 days after the date of 
     enactment of this Act, the Comptroller General shall conduct 
     a review and report to Congress on all of the data-mining 
     programs relating to law enforcement and terrorism currently 
     under development and in use in the Department of Homeland 
     Security.
                                 ______
                                 
  SA 1381. Mr. BYRD (for Mr. Akaka (for himself and Mr. Stevens)) 
proposed an amendment to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30,2004, and for other purposes; as follows:

       At the appropriate place insert the following:
       Sec. 6. When establishing priorities for firefighting 
     vehicles in the Firefighter Assistance Grant program, the 
     Secretary shall take into consideration the unique 
     geographical needs of individual fire departments.
                                 ______
                                 
  SA. 1382. Mr. BYRD (for Ms. Landrieu) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study and submit a report with 
     recommendations to the Committee on Appropriations of the 
     House of Representatives and the Committee on Appropriations 
     of the Senate regarding the status of the air traffic control 
     communications voids and gaps in tethered aerostat coverage 
     around the United States, such as those existing in the 
     central Gulf of Mexico.
                                 ______
                                 
  SA 1383. Mr. BYRD proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. RESTRICTION OF FUNDING.

       None of the funds made available under this Act or any 
     other Act may be used to pay the salary of an individual who 
     is employed by the Department of Homeland Security or the 
     Office of Homeland Security within the Executive Office of 
     the President at a rate of pay that is equal to or greater 
     than 75 percent of level II of the Executive Schedule, unless 
     that individual signs a contract with the applicable 
     employing department or office under which--
       (1) the individual agrees to the restrictions described 
     under section 207(c)(1) of title 18, United States Code; and
       (2) in the event that the individual violates such 
     restrictions, the individual agrees to pay a civil penalty 
     equal to 100 percent of all gross receipts received by the 
     individual from conduct that violated the restrictions.
                                 ______
                                 
  SA 1384. Mr. DURBIN (for himself, Mr. Nelson of Florida, Mrs. Boxer, 
Mr. Reid, Mr. Lautenberg, Ms. Cantwell, Mr. Reed, and Mr. Kennedy) 
proposed an amendment to the bill S. 14, to enhance the energy security 
of the United States, and for other purposes; as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. 716. PHASED INCREASES IN FUEL ECONOMY STANDARDS.

       (a) Passenger Automobiles.--
       (1) Minimum standards.--Subsection (b) of section 32902 of 
     title 49, United States Code, is amended to read as follows:
       ``(b) Passenger Automobiles.--Except as otherwise provided 
     under this section, the average fuel economy standard for 
     passenger automobiles manufactured by a manufacturer in a 
     model year--
       ``(1) after model year 1984 and before model year 2006 
     shall be 25 miles per gallon;
       ``(2) after model year 2005 and before model year 2009 
     shall be 28 miles per gallon;
       ``(3) after model year 2008 and before model year 2012 
     shall be 32 miles per gallon;
       ``(4) after model year 2011 and before model year 2015 
     shall be 36 miles per gallon; and
       ``(5) after model year 2014 shall be 40 miles per 
     gallon.''.
       (2) Higher standards set by regulation.--Subsection (c) of 
     such section is amended--
       (A) in the first sentence of paragraph (1)--
       (i) by striking ``Subject to paragraph (2) of this 
     subsection, the'' and inserting ``The''; and
       (ii) by striking ``amending the standard'' and inserting 
     ``increasing the standard otherwise applicable'';
       (B) by striking paragraph (2); and
       (C) by designating the text composed of the second and 
     third sentences of paragraph (1) as paragraph (2) and 
     realigning such paragraph, as so designated, flush with the 
     left margin.
       (b) Non-Passenger Automobiles.--Subsection (a) of such 
     section is amended--
       (1) by striking ``At least 18 months before each model 
     year,'' and inserting the following:
       ``(1) The average fuel economy standard applicable for 
     automobiles (except passenger automobiles) manufactured by a 
     manufacturer in a model year--
       ``(A) after model year 1984 and before model year 2006 
     shall be 17 miles per gallon;
       ``(B) after model year 2005 and before model year 2009 
     shall be 19 miles per gallon;
       ``(C) after model year 2008 and before model year 2012 
     shall be 21.5 miles per gallon;
       ``(D) after model year 2011 and before model year 2015 
     shall be 24.5 miles per gallon; and
       ``(E) after model year 2014 shall be 27.5 miles per gallon, 
     except as provided under paragraph (2).
       ``(2) At least 18 months before the beginning of each model 
     year after model year 2015,''; and
       (2) by adding at the end the following new paragraph:
       ``(3) If the Secretary does not increase the average fuel 
     economy standard applicable under paragraph (1)(E) or (2), or 
     applicable to any class under paragraph (2), within 24 months 
     after the latest increase in the standard applicable under 
     paragraph (1)(E) or (2), the Secretary shall submit to 
     Congress a report containing an explanation of the reasons 
     for not increasing the standard. The report shall be 
     submitted not later than 90 days after the expiration of the 
     24-month period.''.

     SEC. 717. INCREASED INCLUSIVENESS OF DEFINITIONS OF 
                   AUTOMOBILE AND PASSENGER AUTOMOBILE.

       (a) Automobile.--
       (1) In general.--Paragraph (3) of section 32901(a) of title 
     49, United States Code, is amended--
       (A) by striking ``6,000 pounds'' each place it appears in 
     subparagraphs (A) and (B) and inserting ``12,000 pounds''; 
     and
       (B) in subparagraph (B)--
       (i) by striking ``10,000 pounds'' and inserting ``14,000 
     pounds''; and
       (ii) in clause (ii), by striking ``an average fuel economy 
     standard'' and all that follows through ``conservation or''.
       (2) Special rule.--Section 32908(a)(1) of such title is 
     amended by striking ``8,500 pounds'' and inserting ``14,000 
     pounds''.
       (b) Passenger Automobile.--Paragraph (16) of section 
     32901(a) of such title is amended to read as follows:
       ``(16) `passenger automobile'--
       ``(A) means, except as provided in subparagraph (B), an 
     automobile having a gross vehicle weight of 12,000 pounds or 
     less that is designed to be used principally for the 
     transportation of persons; but
       ``(B) does not include--
       ``(i) a vehicle that has a primary load carrying device or 
     container attached;
       ``(ii) a vehicle that has a seating capacity of more than 
     12 persons;
       ``(iii) a vehicle that has a seating capacity of more than 
     9 persons behind the driver's seat; or
       ``(iv) a vehicle that is equipped with a cargo area of at 
     least 6 feet in interior length that does not extend beyond 
     the frame of the vehicle and is an open area or is designed 
     for use as an open area but is enclosed by a cap and is not 
     readily accessible directly from the passenger 
     compartment.''.
       (c) Applicability.--The amendments made by this section 
     shall apply with respect to automobiles manufactured for 
     model years after the automobile model year in which this Act 
     is enacted.

     SEC. 718. CIVIL PENALTIES.

       (a) Increased Penalty for Violations of Fuel Economy 
     Standards.--Subsection (b) of section 32912 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``Standards.--'';
       (2) by striking ``$5'' and inserting ``the dollar amount 
     applicable under paragraph (2)'';
       (3) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively; and

[[Page S9920]]

       (4) by adding at the end the following new paragraph:
       ``(2)(A) The dollar amount referred to in paragraph (1) is 
     $10, as increased from time to time under subparagraph (B).
       ``(B) Effective on October 1 of each year, the dollar 
     amount applicable under subparagraph (A) shall be increased 
     by the percentage (rounded to the nearest one-tenth of one 
     percent) by which the price index for July of such year 
     exceeds the price index for July of the preceding year. The 
     amount calculated under the preceding sentence shall be 
     rounded to the nearest $0.10.
       ``(C) In this paragraph, the term `price index' means the 
     Consumer Price Index for all-urban consumers published 
     monthly by the Department of Labor.''.
       (b) Conforming Amendment.--Subsection (c)(1) of such 
     section is amended--
       (1) by striking subparagraph (B); and
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively.
       (c) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to automobiles manufactured for 
     model years after the automobile model year in which this Act 
     is enacted.

     SEC. 719. ACCURATE FUEL ECONOMY TESTING.

       (a) Biennial Report on Testing Quality.--
       (1) Requirement for report.--
       (A) In general.--Chapter 329 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 32920. Biennial report on testing quality

       ``(a) Requirement for Report.--Not later than October 1 of 
     each odd-numbered year, the Secretary of Transportation shall 
     submit to Congress a report on the quality of the testing for 
     determining automobile fuel economy under this chapter.
       ``(b) Content of Report.--The report shall include the 
     following information:
       ``(1) An assessment of the accuracy of the fuel economy 
     determined for automobiles in relation to actual highway and 
     road vehicle fuel economy.
       ``(2) A discussion of changes in testing methodology that 
     are planned to be made, together with an assessment of the 
     effects that such changes are expected to have on the 
     accuracy of the measures of automobile fuel economy resulting 
     from the use of the testing methodology as changed.
       ``(c) Consultation Requirement.--The Secretary of 
     Transportation and the Administrator of the Environmental 
     Protection Agency shall consult on the preparation of the 
     biennial report under this section.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``32920. Biennial report on testing quality.''.

       (2) First report.--The first report under section 32920 of 
     title 49, United States Code, as added by paragraph (1), 
     shall be submitted to Congress in 2005.
       (b) Improvement of Process for Measuring Fuel Economy.--
       (1) Study.--
       (A) Requirement for study.--The Secretary of Transportation 
     shall provide for the John A. Volpe National Transportation 
     Systems Center to carry out a study--
       (i) to determine what practicable automobile fuel economy 
     testing process provides the most accurate measures of actual 
     automobile fuel economy in highway use, in urban use, and in 
     combined highway and in urban use; and
       (ii) to compare the average automobile fuel economy ratings 
     calculated under the testing process determined under clause 
     (i) for each category of automobile use described in that 
     clause with the corresponding automobile fuel economy ratings 
     calculated under the testing process in use under chapter 329 
     of title 49, United States Code, on the date of the enactment 
     of this Act.
       (B) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study under subparagraph (A). 
     The report shall include the following:
       (i) Determinations.--The determination and comparisons made 
     under clauses (i) and (ii) of subparagraph (A).
       (ii) Estimate of equivalent fuel economy.--An estimate of 
     the average adjustment to automobile fuel economy ratings 
     calculated under the testing process used for the purposes of 
     chapter 329 of title 49, United States Code, as of the date 
     of enactment of this Act that is needed to conform those 
     ratings closely to the automobile fuel economy ratings 
     calculated under the testing process determined most accurate 
     under subparagraph (A)(i).
       (2) Testing procedure revision.--
       (A) Requirement for revised procedure.--Not later than 180 
     days after the report required under paragraph (1)(B) is 
     submitted to Congress, the Secretary of Transportation shall 
     prescribe in regulations--
       (i) a revised testing procedure for accurately measuring 
     the actual automobile fuel economy of each model of 
     automobile; and
       (ii) a requirement that the revised testing procedure be 
     applied for the purposes of chapter 329 of title 49, United 
     States Code, to determine the average fuel economy of the 
     automobiles manufactured in model years after model year 
     2006.
       (B) Model for revised procedure.--The testing procedure 
     prescribed under subparagraph (A) shall be based on the 
     testing process identified in the report required under 
     paragraph (1)(B) as providing the most accurate measures of 
     actual automobile fuel economy.
       (3) Comparable adjustment in average fuel economy 
     standards.--
       (A) Requirement for adjustment.--For automobiles 
     manufactured in model years after model year 2006, the 
     Secretary of Transportation shall amend each average fuel 
     economy standard prescribed under section 32902 of title 49, 
     United States Code, to take into account improved accuracy in 
     the calculation of automobile fuel economy that results from 
     use of the revised testing procedure applied as required 
     under paragraph (2).
       (B) Condition.--The Secretary shall ensure that each 
     average fuel economy standard applied as amended under 
     subparagraph (A) is at least as stringent as the 
     corresponding average fuel economy standard that the 
     Secretary would have applied under section 32902 of title 49, 
     United States Code, if the fuel economy testing procedure had 
     not been revised as required under paragraph (2).

     SEC. 720. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) Previous Amendment Not To Take Effect.--Section 713 
     shall not take effect.
       (b) Superseding Amendments.--Section 32917 of title 49, 
     United States Code, is amended--
       (1) in paragraph (1) of subsection (b)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``passenger''; and
       (ii) by striking ``to achieve'' and all that follows and 
     inserting ``to achieve--''; and
       (B) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) in the case of non-passenger automobiles, a fleet 
     average fuel economy for that year of at least the average 
     fuel economy standard applicable under subsection (a) of 
     section 32902 of this title for the model year that includes 
     January 1 of that fiscal year; and
       ``(B) in the case of passenger automobiles, a fleet average 
     fuel economy for that year of at least the average fuel 
     economy standard applicable under subsection (b) or (c) of 
     such section for such model year.'';
       (2) in paragraph (2) of subsection (b)--
       (A) by striking ``Fleet average fuel economy is--'' and 
     inserting ``For the purposes of paragraph (1), the fleet 
     average fuel economy of non-passenger or passenger 
     automobiles in a fiscal year is--'';
       (B) in subparagraph (A)--
       (i) by striking ``passenger automobiles'' and inserting 
     ``the non-passenger automobiles or passenger automobiles, 
     respectively, that are''; and
       (ii) by striking ``in a fiscal year'' and inserting ``in 
     such fiscal year''; and
       (C) in subparagraph (B), by inserting ``such'' after ``the 
     number of''; and
       (3) by adding at the end the following new subsection:
       ``(c) Minimum Number of Exceptionally Fuel-Efficient 
     Vehicles.--The President shall prescribe regulations that 
     require that--
       ``(1) at least 20 percent of the passenger automobiles 
     leased for at least 60 consecutive days or bought by 
     executive agencies in a fiscal year have a vehicle fuel 
     economy rating that is at least 5 miles per gallon higher 
     than the average fuel economy standard applicable to the 
     automobile under subsection (b) or (c) of section 32902 of 
     this title for the model year that includes January 1 of that 
     fiscal year; and
       ``(2) beginning in fiscal year 2009, at least 10,000 
     vehicles in the fleet of automobiles used by executive 
     agencies in a fiscal year have a vehicle fuel economy at 
     least 5 miles per gallon higher than the average fuel economy 
     standards applicable to such automobiles under section 32902 
     of this title for the model year that includes January 1 of 
     that fiscal year.''.
                                 ______
                                 
  SA 1385. Mr. DURBIN proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       At the appropriate place insert the following:

     SEC. ____. MODIFICATIONS TO GAS GUZZLERS TAX TO ENCOURAGE 
                   GREATER AUTO FUEL EFFICIENCY.

       (a) Increase in Tax Rate.--Subsection (a) of section 4064 
     (relating to gas guzzlers tax) is amended to read as follows:
       ``(a) Imposition of Tax.--
       ``(1) In general.--There is hereby imposed on the sale by 
     the manufacturer of each automobile a tax determined in 
     accordance with the following table:

If the fuel economy for the model year of the model type in which the 
  automobile falls is:                                      The tax is:
  Less than 5 mpg below the applicable fuel economy standard........$0 
  At least 5 but less than 6 mpg below such standard.............1,000 
  At least 6 but less than 7 mpg below such standard.............1,500 
  At least 7 but less than 8 mpg below such standard.............2,000 
  At least 8 but less than 9 mpg below such standard.............2,500 
  At least 9 but less than 10 mpg below such standard............3,100 
  At least 10 but less than 11 mpg below such standard...........3,800 

[[Page S9921]]

  At least 11 but less than 12 mpg below such standard...........4,600 
  At least 12 but less than 13 mpg below such standard...........5,500 
  At least 13 but less than 14 mpg below such standard...........6,500 
  At least 14 mpg below such standard............................7,700.
       ``(2) Inflation Adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning after 2005, each dollar amount referred to in 
     paragraph (1) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section (1)(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `2004' for `1992'.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $100, such amount shall 
     be rounded to the next lowest multiple of $50.''.
       (b) Expansion of Definition of Automobile.--
       (1) Increase in weight.--Section 4064(b)(1)(A)(ii) 
     (defining automobile) is amended by striking ``6,000 pounds'' 
     and inserting ``12,000 pounds''.
       (2) Exception for certain vehicles.--Subparagraph (B) of 
     section 4064(b)(1) is amended to read as follows:
       ``(B) Exception for certain vehicles.--The term 
     `automobile' does not include--
       ``(i) a vehicle which has a primary load carrying device or 
     container attached,
       ``(ii) a vehicle which has a seating capacity of more than 
     12 persons,
       ``(iii) a vehicle which has a seating capacity of more than 
     9 persons behind the driver's seat, or
       ``(iv) a vehicle which is equipped with a cargo area of at 
     least 6 feet in interior length which is an open area or is 
     designed for use as an open area but is enclosed by a cap and 
     is not readily accessible directly from the passenger 
     compartment.''.
       (c) Additional Definitions.--Section 4064(b) (relating to 
     definitions) is amended by adding at the end the following 
     new paragraphs:
       ``(8) Applicable fuel economy standard.--The term 
     `applicable fuel economy standard' means, with respect to any 
     model year, the average fuel economy standard as defined in 
     section 32902 of title 49, United States Code, for passenger 
     automobiles for such model year.
       ``(9) Mpg.--The term `mpg' means miles per gallon.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to sales after October 31, 2005.

     SEC. ____. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 (relating to refundable credits) is amended by 
     redesignating section 36 as section 37 and by inserting after 
     section 35 the following new section:

     ``SEC. 36. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this subtitle for the 
     taxable year an amount equal to the new highly fuel-efficient 
     automobile credit determined under subsection (b).
       ``(b) New Highly Fuel-Efficient Automobile Credit.--For 
     purposes of subsection (a), the new highly fuel-efficient 
     automobile credit with respect to any new automobile placed 
     in service by the taxpayer during the taxable year is 
     determined in accordance with the following tables:

If the fuel economy for the model year of the model type in which 
  thepassenger automobile falls is:                      The credit is:
  Less than 5 mpg above the applicable fuel economy standard........$0 
  At least 5 but less than 6 mpg above such standard...............770 
  At least 6 but less than 7 mpg above such standard.............1,540 
  At least 7 but less than 8 mpg above such standard.............2,310 
  At least 8 but less than 9 mpg above such standard.............3,080 
  At least 9 but less than 10 mpg above such standard............3,850 
  At least 10 but less than 11 mpg above such standard...........4,620 
  At least 11 but less than 12 mpg above such standard...........5,390 
  At least 12 but less than 13 mpg above such standard...........6,160 
  At least 13 but less than 14 mpg above such standard...........6,930 
  At least 14 mpg above such standard............................7,700.

If the fuel economy for the model year of the model type in which the 
  non-passenger automobile falls is:                     The credit is:
  Less than 5 mpg above the applicable fuel economy standard........$0 
  At least 5 but less than 6 mpg above such standard...............770 
  At least 6 but less than 7 mpg above such standard.............1,540 
  At least 7 but less than 8 mpg above such standard.............2,310 
  At least 8 but less than 9 mpg above such standard.............3,080 
  At least 9 but less than 10 mpg above such standard............3,850 
  At least 10 but less than 11 mpg above such standard...........4,620 
  At least 11 but less than 12 mpg above such standard...........5,390 
  At least 12 but less than 13 mpg above such standard...........6,160 
  At least 13 but less than 14 mpg above such standard...........6,930 
  At least 14 mpg above such standard............................7,700.
       ``(c) New Automobile.--For purposes of this section, the 
     term `new automobile' means a passenger automobile or non-
     passenger automobile--
       ``(1) the original use of which commences with the 
     taxpayer,
       ``(2) which is acquired for use or lease by the taxpayer 
     and not for resale, and
       ``(3) which is made by a manufacturer.
       ``(d) Passenger Automobile; Non-Passenger Automobile.--For 
     purposes of this section--
       ``(1) Passenger automobile.--The term `passenger 
     automobile' has the meaning given the term `automobile' by 
     section 4064(b)(1).
       ``(2) Non-passenger automobile.--
       ``(A) In general.--The term `non-passenger automobile' 
     means any automobile (as defined in section 4064(b)(1)(A)), 
     but only if such automobile is described in subparagraph (B).
       ``(B) Non-passenger automobiles described.--An automobile 
     is described in this subparagraph if such automobile is--
       ``(i) a vehicle which has a primary load carrying device or 
     container attached,
       ``(ii) a vehicle which has a seating capacity of more than 
     12 persons,
       ``(iii) a vehicle which has a seating capacity of more than 
     9 persons behind the driver's seat, or
       ``(iv) a vehicle which is equipped with a cargo area of at 
     least 6 feet in interior length which does not extend beyond 
     the frame of the vehicle and which is an open area or is 
     designed for use as an open area but is enclosed by a cap and 
     is not readily accessible directly from the passenger 
     compartment.
       ``(e) Other Definitions.--Except as provided in subsection 
     (d), for purposes of this section, any term used in this 
     section and also in section 4064 shall have the meaning given 
     such term by section 4064.
       ``(f) Special Rules.--For purposes of this section--
       ``(1)  Reduction in basis.--For purposes of this subtitle, 
     the basis of any property for which a credit is allowable 
     under subsection (a) shall be reduced by the amount of such 
     credit so allowed.
       ``(2) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter with respect to an 
     automobile described under subsection (b), shall be reduced 
     by the amount of credit allowed under subsection (a) for such 
     automobile for the taxable year.
       ``(3) Property used by tax-exempt entities.--In the case of 
     a credit amount which is allowable with respect to an 
     automobile which is acquired by an entity exempt from tax 
     under this chapter, the person which sells or leases such 
     automobile to the entity shall be treated as the taxpayer 
     with respect to the automobile for purposes of this section 
     and the credit shall be allowed to such person, but only if 
     the person clearly discloses to the entity at the time of any 
     sale or lease the specific amount of any credit otherwise 
     allowable to the entity under this section.
       ``(4) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit (including 
     recapture in the case of a lease period of less than the 
     economic life of an automobile).
       ``(5) Property used outside united states, etc., not 
     qualified.--No credit shall be allowed under subsection (a) 
     with respect to any property referred to in section 50(b) or 
     with respect to the portion of the cost of any property taken 
     into account under section 179.
       ``(6) Election to not take credit.--No credit shall be 
     allowed under subsection (a) for any automobile if the 
     taxpayer elects to not have this section apply to such 
     automobile.
       ``(7) Interaction with air quality and motor vehicle safety 
     standards.--Unless otherwise provided in this section, an 
     automobile shall not be considered eligible for a credit 
     under this section unless such automobile is in compliance 
     with--
       ``(A) the applicable provisions of the Clean Air Act for 
     the applicable make and model year of the automobile (or 
     applicable air quality provisions of State law in the case of 
     a State which has adopted such provision under a waiver under 
     section 209(b) of the Clean Air Act), and
       ``(B) the motor vehicle safety provisions of sections 30101 
     through 30169 of title 49, United States Code.
       ``(g) Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall promulgate such regulations as necessary to 
     carry out the provisions of this section.
       ``(2) Coordination in prescription of certain 
     regulations.--The Secretary of the Treasury, in coordination 
     with the Secretary of Transportation and the Administrator of

[[Page S9922]]

     the Environmental Protection Agency, shall prescribe such 
     regulations as necessary to determine whether an automobile 
     meets the requirements to be eligible for a credit under this 
     section.''.
                                 ______
                                 
  SA 1386. Mr. BOND (for himself, Mr. Levin, Mr. Domenici, and Ms. 
Stabenow) proposed an amendment to the bill S. 14, to enhance the 
energy security of the United States, and for other purposes; as 
follows:

       On page 264, after line 21, add the following:

     SEC. 716. PROVISION NOT TO TAKE EFFECT.

       Section 711 shall not take effect.

     SEC. 717. REVISED CONSIDERATIONS FOR DECISIONS ON MAXIMUM 
                   FEASIBLE AVERAGE FUEL ECONOMY.

       Section 32902(f) of title 49, United States Code, is 
     amended to read as follows:
       ``(f) Considerations for Decisions on Maximum Feasible 
     Average Fuel Economy.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary of 
     Transportation shall consider the following matters:
       ``(1) Technological feasibility.
       ``(2) Economic practicability.
       ``(3) The effect of other motor vehicle standards of the 
     Government on fuel economy.
       ``(4) The need of the United States to conserve energy.
       ``(5) The desirability of reducing United States dependence 
     on imported oil.
       ``(6) The effects of the average fuel economy standards on 
     motor vehicle and passenger safety.
       ``(7) The effects of increased fuel economy on air quality.
       ``(8) The adverse effects of average fuel economy standards 
     on the relative competitiveness of manufacturers.
       ``(9) The effects of compliance with average fuel economy 
     standards on levels of employment in the United States.
       ``(10) The cost and lead time necessary for the 
     introduction of the necessary new technologies.
       ``(11) The potential for advanced technology vehicles, such 
     as hybrid and fuel cell vehicles, to contribute to the 
     achievement of significant reductions in fuel consumption.
       ``(12) The extent to which the necessity for vehicle 
     manufacturers to incur near-term costs to comply with the 
     average fuel economy standards adversely affects the 
     availability of resources for the development of advanced 
     technology for the propulsion of motor vehicles.
       ``(13) The report of the National Research Council that is 
     entitled `Effectiveness and Impact of Corporate Average Fuel 
     Economy Standards', issued in January 2002.''.

     SEC. 718. INCREASED FUEL ECONOMY STANDARDS.

       (a) New Regulations Required.--
       (1) Non-passenger automobiles.--
       (A) Requirement for new regulations.--The Secretary of 
     Transportation shall issue, under section 32902 of title 49, 
     United States Code, new regulations setting forth increased 
     average fuel economy standards for non-passenger automobiles. 
     The regulations shall be determined on the basis of the 
     maximum feasible average fuel economy levels for the non-
     passenger automobiles, taking into consideration the matters 
     set forth in subsection (f) of such section. The new 
     regulations under this paragraph shall apply for model years 
     after the 2007 model year, subject to subsection (b).
       (B) Time for issuing regulations.--The Secretary of 
     Transportation shall issue the final regulations under 
     subparagraph (A) not later than April 1, 2006.
       (2) Passenger automobiles.--
       (A) Requirement for new regulations.--The Secretary of 
     Transportation shall issue, under section 32902 of title 49, 
     United States Code, new regulations setting forth increased 
     average fuel economy standards for passenger automobiles, 
     taking into consideration the matters set forth in subsection 
     (f) of such section.
       (B) Time for issuing regulations.--The Secretary of 
     Transportation shall issue the final regulations under 
     subparagraph (A) not later than 2\1/2\ years after the date 
     of the enactment of this Act.
       (b) Phased Increases.--The regulations issued pursuant to 
     subsection (a) shall specify standards that take effect 
     successively over several vehicle model years not exceeding 
     15 vehicle model years.
       (c) Clarification of Authority To Amend Passenger 
     Automobile Standard.--Section 32902(b) of title 49, United 
     States Code, is amended by inserting before the period at the 
     end the following: ``or such other number as the Secretary 
     prescribes under subsection (c)''.
       (d) Environmental Assessment.--When issuing final 
     regulations setting forth increased average fuel economy 
     standards under section 32902(a) or section 32902(c) of title 
     49, United States Code, the Secretary of Transportation shall 
     also issue an environmental assessment of the effects of the 
     increased standards on the environment under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $5,000,000 for each of fiscal years 2004 through 2008 for 
     carrying out this section and for administering the 
     regulations issued pursuant to this section.

     SEC. 719. EXPEDITED PROCEDURES FOR CONGRESSIONAL INCREASE IN 
                   FUEL ECONOMY STANDARDS.

       (a) Condition for Applicability.--If the Secretary of 
     Transportation fails to issue final regulations with respect 
     to non-passenger automobiles under section 719, or fails to 
     issue final regulations with respect to passenger automobiles 
     under such section, on or before the date by which such final 
     regulations are required by such section to be issued, 
     respectively, then this section shall apply with respect to a 
     bill described in subsection (b).
       (b) Bill.--A bill referred to in this subsection is a bill 
     that satisfies the following requirements:
       (1) Introduction.--The bill is introduced by one or more 
     Members of Congress not later than 60 days after the date 
     referred to in subsection (a).
       (2) Title.--The title of the bill is as follows: ``A bill 
     to establish new average fuel economy standards for certain 
     motor vehicles.''.
       (3) Text.--The bill provides after the enacting clause only 
     the text specified in subparagraph (A) or (B) or any 
     provision described in subparagraph (C), as follows:
       (A) Non-passenger automobiles.--In the case of a bill 
     relating to a failure timely to issue final regulations 
     relating to non-passenger automobiles, the following text:
     ``That, section 32902 of title 49, United States Code, is 
     amended by adding at the end the following new subsection:
       `` `(__) Non-passenger automobiles.--The average fuel 
     economy standard for non-passenger automobiles manufactured 
     by a manufacturer in a model year after model year ____ shall 
     be ____ miles per gallon.' '', the first blank space being 
     filled in with a subsection designation, the second blank 
     space being filled in with the number of a year, and the 
     third blank space being filled in with a number.
       (B) Passenger automobiles.--In the case of a bill relating 
     to a failure timely to issue final regulations relating to 
     passenger automobiles, the following text:
     ``That, section 32902(b) of title 49, United States Code, is 
     amended to read as follows:
       `` `(b) Passenger Automobiles.--Except as provided in this 
     section, the average fuel economy standard for passenger 
     automobiles manufactured by a manufacturer in a model year 
     after model year ____ shall be ____ miles per gallon.' '', 
     the first blank space being filled in with the number of a 
     year and the second blank space being filled in with a 
     number.
       (C) Substitute text.--Any text substituted by an amendment 
     that is in order under subsection (c)(3).
       (c) Expedited Procedures.--A bill described in subsection 
     (b) shall be considered in a House of Congress in accordance 
     with the procedures provided for the consideration of joint 
     resolutions in paragraphs (3) through (8) of section 8066(c) 
     of the Department of Defense Appropriations Act, 1985 (as 
     contained in section 101(h) of Public Law 98-473; 98 Stat. 
     1936), with the following exceptions:
       (1) References to resolution.--The references in such 
     paragraphs to a resolution shall be deemed to refer to the 
     bill described in subsection (b).
       (2) Committees of jurisdiction.--The committees to which 
     the bill is referred under this subsection shall--
       (A) in the Senate, be the Committee on Commerce, Science, 
     and Transportation; and
       (B) in the House of Representatives, be the Committee on 
     Energy and Commerce.
       (3) Amendments.--
       (A) Amendments in order.--Only four amendments to the bill 
     are in order in each House, as follows:
       (i) Two amendments proposed by the majority leader of that 
     House.
       (ii) Two amendments proposed by the minority leader of that 
     House.
       (B) Form and content.--To be in order under subparagraph 
     (A), an amendment shall propose to strike all after the 
     enacting clause and substitute text that only includes the 
     same text as is proposed to be stricken except for one or 
     more different numbers in the text.
       (C) Debate, et cetera.--Subparagraph (B) of section 
     8066(c)(5) of the Department of Defense Appropriations Act, 
     1985 (98 Stat. 1936) shall apply to the consideration of each 
     amendment proposed under this paragraph in the same manner as 
     such subparagraph (B) applies to debatable motions.

                  Subtitle C--Advanced Clean Vehicles

     SEC. 731. HYBRID VEHICLES RESEARCH AND DEVELOPMENT.

       (a) Rechargeable Energy Storage Systems and Other 
     Technologies.--The Secretary of Energy shall accelerate 
     research and development directed toward the improvement of 
     batteries and other rechargeable energy storage systems, 
     power electronics, hybrid systems integration, and other 
     technologies for use in hybrid vehicles.
       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for each of fiscal years 2004, 
     2005, and 2006 in the amount $50,000,000 for research and 
     development activities under this section.

     SEC. 732. DIESEL FUELED VEHICLES RESEARCH AND DEVELOPMENT.

       (a) Diesel Combustion and After Treatment Technologies.--
     The Secretary of Energy shall accelerate research and 
     development directed toward the improvement of diesel 
     combustion and after treatment technologies for use in diesel 
     fueled motor vehicles.

[[Page S9923]]

       (b) Goals.--The Secretary shall carry out subsection (a) 
     with a view to achieving the following goals:
       (1) Compliance with certain emission standards by 2010.--
     Developing and demonstrating diesel technologies that, not 
     later than 2010, meet the following standards:
       (A) Tier-2 emission standards.--The tier 2 emission 
     standards.
       (B) Heavy-duty emission standards of 2007.--The heavy-duty 
     emission standards of 2007.
       (2) Post-2010 highly efficient technologies.--Developing 
     the next generation of low emissions, high efficiency diesel 
     engine technologies, including homogeneous charge compression 
     ignition technology.
       (c) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for each of fiscal years 2004, 
     2005, and 2006 in the amount of $75,000,000 for research and 
     development of advanced combustion engines and advanced 
     fuels.

     SEC. 733. PROCUREMENT OF ALTERNATIVE FUELED PASSENGER 
                   AUTOMOBILES.

       (a) Vehicle Fleets Not Covered by Requirement in Energy 
     Policy Act of 1992.--The head of each agency of the executive 
     branch shall coordinate with the Administrator of General 
     Services to ensure that only alternative fueled vehicles are 
     procured by or for each agency fleet of passenger automobiles 
     that is not in a fleet of vehicles to which section 303 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
       (b) Waiver Authority.--The head of an agency, in 
     consultation with the Administrator, may waive the 
     applicability of the policy regarding the procurement of 
     alternative fueled vehicles in subsection (a) to--
       (1) the procurement for such agency of any vehicles 
     described in subparagraphs (A) through (F) of section 
     303(b)(3) of the Energy Policy Act of 1992 (42 U.S.C. 
     13212(b)(3)); or
       (2) a procurement of vehicles for such agency if the 
     procurement of alternative fueled vehicles cannot meet the 
     requirements of the agency for vehicles due to insufficient 
     availability of the alternative fuel used to power such 
     vehicles.
       (c) Applicability to Procurements After Fiscal Year 2004.--
     This subsection applies with respect to procurements of 
     alternative fueled vehicles in fiscal year 2005 and 
     subsequent fiscal years.

     SEC. 734. PROCUREMENT OF HYBRID LIGHT DUTY TRUCKS.

       (a) Vehicle Fleets Not Covered by Requirement in Energy 
     Policy Act of 1992.--
       (1) Hybrid vehicles.--The head of each agency of the 
     executive branch shall coordinate with the Administrator of 
     General Services to ensure that only hybrid vehicles are 
     procured by or for each agency fleet of light duty trucks 
     that is not in a fleet of vehicles to which section 303 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
       (2) Waiver authority.--The head of an agency, in 
     consultation with the Administrator, may waive the 
     applicability of the policy regarding the procurement of 
     hybrid vehicles in paragraph (1) to that agency to the extent 
     that the head of that agency determines necessary--
       (A) to meet specific requirements of the agency for 
     capabilities of light duty trucks;
       (B) to procure vehicles consistent with the standards 
     applicable to the procurement of fleet vehicles for the 
     Federal Government;
       (C) to adjust to limitations on the commercial availability 
     of light duty trucks that are hybrid vehicles; or
       (D) to avoid the necessity of procuring a hybrid vehicle 
     for the agency when each of the hybrid vehicles available for 
     meeting the requirements of the agency has a cost to the 
     United States that exceeds the costs of comparable nonhybrid 
     vehicles by a factor that is significantly higher than the 
     difference between--
       (i) the real cost of the hybrid vehicle to retail 
     purchasers, taking into account the benefit of any tax 
     incentives available to retail purchasers for the purchase of 
     the hybrid vehicle; and
       (ii) the costs of the comparable nonhybrid vehicles to 
     retail purchasers.
       (3) Applicability to procurements after fiscal year 2004.--
     This subsection applies with respect to procurements of light 
     duty trucks in fiscal year 2005 and subsequent fiscal years.
       (b) Inapplicability to Department of Defense.--This section 
     does not apply to the Department of Defense, which is subject 
     to comparable requirements under section 318 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1055; 10 U.S.C. 2302 note).

     SEC. 735. DEFINITIONS.

       In this subtitle:
       (1) Alternative fueled vehicle.--The term ``alternative 
     fueled vehicle'' means--
       (A) an alternative fueled vehicle, as defined in section 
     301(3) of the Energy Policy Act of 1992 (42 U.S.C. 13211(3));
       (B) a motor vehicle that operates on a blend of fuel that 
     is at least 20 percent (by volume) biodiesel, as defined in 
     section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 
     13220(f)); and
       (C) a motor vehicle that operates on a blend of fuel that 
     is at least 20 percent (by volume) bioderived hydrocarbons 
     (including aliphatic compounds) produced from agricultural 
     and animal waste.
       (2) Heavy-duty emission standards of 2007.--The term 
     ``heavy-duty emission standards of 2007'' means the motor 
     vehicle emission standards promulgated by the Administrator 
     of the Environmental Protection Agency on January 18, 2001, 
     under section 202 of the Clean Air Act to apply to heavy-duty 
     vehicles of model years beginning with the 2007 vehicle model 
     year.
       (3) Hybrid vehicle.--The term ``hybrid vehicle'' means--
       (A) a motor vehicle that draws propulsion energy from on 
     board sources of stored energy that are both--
       (i) an internal combustion or heat engine using combustible 
     fuel; and
       (ii) a rechargeable energy storage system; and
       (B) any other vehicle that is defined as a hybrid vehicle 
     in regulations prescribed by the Secretary of Energy for the 
     administration of title III of the Energy Policy Act of 1992.
       (4) Motor vehicle.--The term ``motor vehicle'' means any 
     vehicle that is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails) and that has at 
     least four wheels.
       (5) Tier 2 emission standards defined.--The term ``tier 2 
     emission standards'' means the motor vehicle emission 
     standards promulgated by the Administrator of the 
     Environmental Protection Agency on February 10, 2000, under 
     section 202 of the Clean Air Act (42 U.S.C. 7521) to apply to 
     passenger automobiles, light trucks, and larger passenger 
     vehicles of model years after the 2003 vehicle model year.
       (6) Terms defined in epa regulations.--The terms 
     ``passenger automobile'' and ``light truck'' have the 
     meanings given such terms in regulations prescribed by the 
     Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).

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