[Congressional Record Volume 150, Number 106 (Thursday, September 9, 2004)]
[Senate]
[Pages S9039-S9042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 3594. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 21, line 7, strike ``not to exceed 10 percent of''.
                                 ______
                                 
  SA 3595. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. Of the amount appropriated by title II for the 
     Office of the Under Secretary for Border and Transportation 
     Security under the heading ``air and marine interdiction, 
     operations, maintenance, and procurement'', $5,000,000 shall 
     be available for a pilot project to test interoperable 
     communications between the first Northern Border Air Wing, 
     Bellingham, Washington, and local law enforcement personnel.
                                 ______
                                 
  SA 3596. Mrs. MURRAY (for herself, Mr. Nelson of Florida, Mrs. 
Clinton, Mr. Schumer, Ms. Mikulski, Mr. Kennedy, Mrs. Boxer, Ms. 
Cantwell, Mr. Graham of Florida, Ms. Landrieu, Mr. Dodd, and Mr. 
Lieberman) submitted an amendment intended to be proposed by her to the 
bill H.R. 4567, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2005, and for other 
purposes; as follows:

       On page 39, between lines 5 and 6, insert the following new 
     section:
       Sec. 515. The total amount appropriated by title III for 
     the Office of State and Local Government Coordination and 
     Preparedness under the heading ``state and local programs'' 
     is hereby increased by $300,000,000. Of such total amount, as 
     so increased, $1,500,000,000 shall be available for 
     discretionary grants for use in high-threat, high-density 
     urban areas, as determined by the Secretary of Homeland 
     Security, of which $450,000,000 shall be available for port 
     security grants.
                                 ______
                                 
  SA 3597. Mr. BYRD (for himself, Mr. Leahy, Mr. Reid, Mrs. Clinton, 
Mr. Rockefeller, Mr. Daschle, Mr. Lieberman, Mr. Kennedy, and Mr. 
Corzine) proposed an amendment to the bill H.R. 4567, making 
appropriations for the Department of Homeland

[[Page S9040]]

Security for the fiscal year ending September 30, 2005, and for other 
purposes; as follows:

       At the appropriate place in the bill insert the following:

               TITLE VI--ADDRESSING KNOWN VULNERABILITIES

  OFFICE OF THE UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY

          CUSTOMS AND BORDER PROTECTION SALARIES AND EXPENSES

       For an additional amount for ``Customs and Border 
     Protection, Salaries and Expenses'', $100,000,000, to remain 
     available until September 30, 2006, of which not less than 
     $50,000,000 shall be for purchase and deployment of radiation 
     portal monitors, and not less than $50,000,000 shall be for 
     staffing at the northern border in fulfillment of the USA 
     PATRIOT Act and the Enhanced Border Security Act.

       IMMIGRATION AND CUSTOMS ENFORCEMENT SALARIES AND EXPENSES

       For an additional amount for ``Immigration and Customs 
     Enforcement, Salaries and Expenses,'' $11,000,000, to remain 
     available until expended, for detentions and removals.

                          FEDERAL AIR MARSHALS

       For an additional amount for the Federal Air Marshals, 
     $50,000,000.

        TRANSPORTATION SECURITY ADMINISTRATION AVIATION SECURITY

       For an additional amount for necessary expenses of the 
     Transportation Security Administration related to aviation 
     security services pursuant to the Aviation and Transportation 
     Security Act (Public Law 107-71; 115 Stat. 597), 
     $100,000,000, to remain available until expended, for 
     activities related to screening passengers and carry-on 
     baggage for explosives.

   TRANSPORTATION SECURITY ADMINISTRATION MARITIME AND LAND SECURITY

       For an additional amount for necessary expenses of the 
     Transportation Security Administration related to maritime 
     and land transportation security services pursuant to the 
     Aviation and Transportation Security Act (Public Law 107-71; 
     115 Stat. 597), $4,000,000, for hazardous materials security 
     grants.

 UNITED STATES COAST GUARD ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       For an additional amount for ``Acquisition, Construction, 
     and Improvements,'' $324,000,000, to remain available until 
     September 30, 2009, for the Integrated Deepwater Systems 
     program.

   OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND PREPAREDNESS


                        state and local programs

       For additional amounts for ``State and Local Programs,'' 
     $665,000,000: Provided, That of the amounts made available 
     under this heading: $440,000,000 shall be for discretionary 
     grants for use in high-threat, high-density urban areas as 
     determined by the Secretary of Homeland Security; 
     $125,000,000 shall be for port security grants; and 
     $100,000,000 shall be for grants for interoperable 
     communications equipment.


      security enhancements for high-risk non-profit organizations

       For discretionary assistance to non-profit organizations 
     (as defined under section 501(c)(3) of the Internal Revenue 
     Code of 1986) determined to be at high-risk of international 
     terrorist attack, $50,000,000.


                     mass transit and rail security

       For necessary expenses related to mass transit, freight and 
     passenger rail security grants, including security grants for 
     AMTRAK, a backup communications facility for the Washington 
     Area Metropolitan Transit Authority, security upgrades for 
     various rail tunnels, research and development of rail 
     security methods and technology, capital construction, and 
     operating requirements, $350,000,000.


                     firefighter assistance grants

       For an additional amount for ``Firefighter Assistance 
     Grants,'' $46,000,000, to remain available until September 
     30, 2006.

                  EMERGENCY PREPAREDNESS AND RESPONSE


                       firefighter hiring grants

       For activities authorized by section 34 of The Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
     $100,000,000, to remain available until expended.

           INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION


                      assessments and evaluations

       For an additional amount for ``Assessments and 
     Evaluations'', $200,000,000, to remain available until 
     September 30, 2006, of which $100,000,000 shall be available 
     for chemical facility security improvements; of which 
     $100,000,000 shall be available for grants to States, 
     municipalities, or intermunicipal or interstate agencies for 
     security improvements to address known vulnerabilities to 
     water systems.
                                 ______
                                 
  SA 3598. Mr. ENSIGN (for himself, Mr. Bond, Mr. Reid, Mr. Kyl, Mr. 
Cornyn, Mrs. Hutchison, Mr. Corzine, Mr. Nelson of Florida, Mr. 
Chambliss, Mr. Miller, Mr. Graham of Florida, Mr. Burns, Mr. Roberts, 
Mrs. Feinstein, Mrs. Boxer, Mrs. Clinton, Mr. Warner, Mr. Durbin, Ms. 
Landrieu, Mr. Campbell, and Mr. Allen) submitted an amendment intended 
to be proposed by him to the bill H.R. 4567, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 10, line 25, strike ``$1,437,460,000'' 
     and all that follows through ``presence'' on page 11, line 3, 
     and insert the following: ``$1,512,460,000 shall be for 
     baggage screening activities, of which $210,000,000 shall be 
     available only for procurement of checked baggage explosive 
     detection systems and $75,000,000 shall be available only for 
     installation of checked baggage explosive detection systems; 
     and not to exceed $796,890,000 shall be for airport security 
     direction and enforcement presence, of which $217,890,000 
     shall be available for airport information technology''.
                                 ______
                                 
  SA 3599. Mr. ALEXANDER (for himself and Mr. Coleman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following new 
     section:
       Sec. 515. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
                                 ______
                                 
  SA 3600. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following new 
     section:
       Sec. 515. (a) The Secretary of Homeland Security, acting 
     through the Director of the Bureau of Citizenship and 
     Immigration Services, is authorized to establish the United 
     States Citizenship Foundation, an organization duly 
     incorporated in the District of Columbia, exclusively for 
     charitable and educational purposes to support the functions 
     of the Office of Citizenship for the Bureau of Citizenship 
     and Immigration Services described in section 451(f)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)).
       (b) The United States Citizenship Foundation is authorized 
     to solicit, accept, and make gifts of money and other 
     property and to apply for status as an organization described 
     in section 501(c)(3) of the Internal Revenue code of 1986 and 
     exempt from taxation under section 501(a) of such Code.
       (c) The Chief of the Office of Citizenship for the Bureau 
     of Citizenship and Immigration Services, or such other 
     official of the Department of Homeland Security as the 
     Secretary of Homeland Security may direct, shall serve as a 
     nonvoting member of the board of directors of the United 
     States Citizenship Foundation and as the primary liaison 
     between the Department of Homeland Security and the 
     Foundation.
       (d) For necessary expenses for the establishment of the 
     United States Citizen Foundation, $100,000, to remain 
     available until September 30, 2006.
                                 ______
                                 
  SA 3601. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 21, line 4, insert ``Provided further, That each 
     State, upon determining how grant funds provided under this 
     heading will be allocated among units of local government 
     within the State, shall notify each United States Senator and 
     Member of Congress representing that State of such 
     determination before making any public announcement of such 
     grant allocations to units of local government:'' after 
     ``Homeland Security:''.
                                 ______
                                 
  SA 3602. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 3, between lines 13 and 14, insert the following:
       Sec. 101. (a) Not later than 180 days after the end of 
     fiscal year 2005, the Secretary of Homeland Security shall 
     submit a report to Congress that describes the articles, 
     materials, and supplies acquired by the Department of 
     Homeland Security during fiscal year 2005 that were 
     manufactured outside of the United States.

[[Page S9041]]

       (b) The report submitted under subsection (a) shall 
     separately indicate--
       (1) the dollar value of each of the articles, materials, 
     and supplies acquired by the Department of Homeland Security 
     that were manufactured outside of the United States;
       (2) an itemized list of all waivers granted with respect to 
     such articles, materials, or supplies under the Buy American 
     Act (41 U.S.C. 10a et seq.); and
       (3) a summary of the total funds spent by the Department of 
     Homeland Security on goods manufactured within the United 
     States compared with funds spent by the Department of 
     Homeland Security on goods manufactured outside of the United 
     States.
       (c) The Secretary of Homeland Security shall make the 
     report submitted under this section publicly available to the 
     maximum extent practicable.
                                 ______
                                 
  SA 3603. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. (a) Congress finds that (1) there is a 
     disproportionate number of complaints against the 
     Transportation Security Administration for alleged violations 
     of equal employment opportunity and veterans' preference laws 
     as those laws apply to employment of personnel in airport 
     screener positions in the Transportation Security 
     Administration, and (2) there is a significant backlog of 
     those complaints remaining unresolved.
       (b)(1) Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the personnel policies of the 
     Department of Homeland Security that apply to the employment 
     of airport screeners in the Transportation Security 
     Administration, particularly with regard to compliance with 
     equal employment opportunity and veterans' preference laws.
       (2) The report under this subsection shall include an 
     assessment of the extent of compliance of the Transportation 
     Security Administration with equal employment opportunity and 
     veterans' preference laws as those laws apply to employment 
     of personnel in airport screener positions in the 
     Transportation Security Administration, a discussion of any 
     systemic problems that could have caused the circumstances 
     giving rise to the disproportionate number of complaints 
     described in subsection (a), and the efforts of the Secretary 
     of Homeland Security and the Under Secretary for Border and 
     Transportation Security to eliminate the backlog of 
     unresolved complaints and to correct any systemic problems 
     identified in the report.
       (3) In conducting the review necessary for preparing the 
     report, the Comptroller General shall examine the experience 
     regarding the airport screener positions at particular 
     airports in various regions, including the Louis Armstrong 
     New Orleans International Airport.
                                 ______
                                 
  SA 3604. Mr. DODD (for himself, Ms. Stabenow, Mr. Kennedy, Mr. Levin, 
Mr. Daschle, and Mr. Corzine) proposed an amendment to the bill H.R. 
4567, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2005, and for other purposes; as 
follows:

       On page 19, line 17, strike ``$2,845,081,000'' and insert 
     ``$11,552,000,000''.
       On page 21, strike lines 14 through 20 and insert the 
     following:


                     FIREFIGHTER ASSISTANCE GRANTS

       For necessary expenses for programs authorized by sections 
     33 and 34 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229 and 2229a), to remain available until 
     September 30, 2006, $4,000,000,000, of which $3,000,000,000 
     shall be available for necessary expenses for programs 
     authorized by section 33 of such Act and $1,000,000,000 shall 
     be available for necessary expenses for programs authorized 
     by section 34 of such Act: Provided, That not to exceed 5 
     percent of the amount provided for the programs under each 
     such section shall be available for program administration.
       On page 22, line 3, strike ``$180,000,000'' and insert 
     ``$660,000,000''.
       On page 28, line 21, strike ``$181,440,000'' and insert 
     ``$690,994,000''.
       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. The total amount appropriated by title III for 
     the Office of the Under Secretary for Emergency Preparedness 
     and Response under the headings ``preparedness, mitigation, 
     response, and recovery'', ``administrative and regional 
     operations'', and ``public health programs'' is hereby 
     increased by $2,845,766,000.
       Sec. 516. The Secretary of the Treasury shall take such 
     action as is necessary to reduce benefits provided by the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 to 
     individuals with an adjusted gross income of $1,000,000 or 
     more that will result in an increase in revenue sufficient to 
     offset the increased funding provided for the first responder 
     and other programs by this amendment.
                                 ______
                                 
  SA 3605. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 30, line 15, strike the period and insert the 
     following: ``Provided further, That before a Federal agency 
     approves a liquefied natural gas marine terminal, the 
     Protective Security Division of the Directorate of 
     Information Analysis and Infrastructure Protection of the 
     Department of Homeland Security shall conduct a field 
     assessment of the vulnerability of the proposed terminal site 
     and devise a buffer zone protection plan for the proposed 
     terminal and associated coastal waterways.''.
                                 ______
                                 
  SA 3606. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 6, line 2, strike the period and insert ``: 
     Provided further, That of the total amount provided, not less 
     than $4,750,000 shall be for the enforcement of the textile 
     transshipment provisions provided for in chapter 5 of title 
     III of the Customs Border Security Act of 2002 (Public Law 
     107-210; 116 Stat. 988 et seq.).''.

       On page 8, line 18, strike the period and insert ``: 
     Provided further, That of the total amount provided for, not 
     less than $4,750,000 shall be for the enforcement of the 
     textile transshipment provisions provided for in chapter 5 of 
     title III of the Customs Border Security Act of 2002 (Public 
     Law 107-210; 116 Stat. 988 et seq.).''.
                                 ______
                                 
  SA 3607. Mr. NELSON of Florida (for himself and Mr. Graham of 
Florida) proposed an amendment to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; as follows:

       On page 25, lines 6 and 7, strike ``$2,151,000,000, to 
     remain available until expended'' and insert ``$2,221,000,000 
     to remain available until expended, of which $70,000,000 is 
     designated by Congress as an emergency requirement under 
     section 502(c) of H. Con. Res. 95 (108th Cong.) and shall be 
     made available for a grant to the American Red Cross for 
     disaster relief, recovery expenditures, and emergency 
     services in response to Tropical Storm Bonnie, Hurricane 
     Charley, and Hurricane Frances''.
                                 ______
                                 
  SA 3608. Mr. ALEXANDER (for himself, Mr. Coleman, Mr. Ensign, Mr. 
Enzi, Mr. Allen, Mr. Bunning, Mr. Schumer, and Ms. Landrieu) proposed 
an amendment to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; as follows:

       On page 39, between lines 5 and 6, insert the following new 
     section:
       Sec. 515. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
                                 ______
                                 
  SA 3609. Mrs. BOXER (for herself, Mrs. Feinstein, Mr. Reid, Mr. 
Levin, Mrs. Clinton, Mr. Rockefeller, and Mr. Corzine) proposed an 
amendment to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; as follows:

       On page 19, line 17, strike ``$2,845,081,000'' and all that 
     follows through line 22, and insert the following: 
     ``$2,915,081,000, which shall be allocated as follows:
       ``(1) $970,000,000 for formula-based grants and 
     $470,000,000 for law enforcement terrorism prevention grants 
     pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 
     3714), of which $70,000,000 shall be used by States, units of 
     local government, local law enforcement agencies, and local 
     fire departments to purchase or improve communication systems 
     to allow for real-time, interoperable communication between 
     State and local first responders: Provided, That the amount 
     appropriated under title I for the Human Resources Account of 
     the Office of the Under Secretary for Management shall be 
     reduced by $70,000,000: Provided further, That''.
                                 ______
                                 
  SA 3610. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. INVESTIGATION OF SHOCKOE CREEK DRAIN FIELD, 
                   RICHMOND, VIRGINIA.

       As soon as practicable after the date of enactment of this 
     Act, the Director of the Federal Emergency Management Agency 
     shall

[[Page S9042]]

     conduct an investigation of the Shockoe Creek drain field in 
     Richmond, Virginia, to determine means of preventing future 
     damage in that area from floods and other natural disasters.
                                 ______
                                 
  SA 3611. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. Notwithstanding any other provision of law, the 
     fiscal year 2004 aggregate overtime limitation prescribed in 
     subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     261 and 267) shall be $30,000 and the total amount 
     appropriated by title II under the heading ``Customs and 
     Border Protection Salaries and Expenses'' is hereby reduced 
     by $1,000,000.
                                 ______
                                 
  SA 3612. Mr. HARKIN (for himself and Mr. Biden) proposed an amendment 
to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. HAZARD MITIGATION.

       Section 404(a) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended 
     in the second sentence by striking ``7.5 percent'' and 
     inserting ``15 percent''.
                                 ______
                                 
  SA 3613. Mr. VOINOVICH (for himself, Ms. Snowe, Mr. Harkin, Mr. 
Dewine, Mr. Feingold, and Mr. Jeffords) submitted an amendment intended 
to be proposed by him to the bill H.R. 4567, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 2, line 17, strike ``$245,579,000'' and insert 
     ``$221,579,000''.
       On page 13, line 18, strike ``$534,852,000'' and insert 
     ``$508,852,000''.
       On page 19, line 12, strike ``$25,000,000'' and insert 
     ``19,000,000''.
       On page 22, line 3, strike ``$180,000,000'' and insert 
     ``$236,000,000''.
                                 ______
                                 
  SA 3614. Ms. COLLINS (for herself and Mr. Pryor) submitted an 
amendment intended to be proposed by her to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 19, line 22, strike the colon and insert the 
     following: ``, of which $50,000,000 shall be used for grants 
     to identify, acquire, and transfer homeland security 
     technology, equipment, and information to State and local law 
     enforcement agencies:''
                                 ______
                                 
  SA 3615. Mr. SCHUMER (for himself, Mrs. Clinton, and Mr. Corzine) 
proposed an amendment to the bill H.R. 4567, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes; as follows:

Purpose: To appropriate $100,000,000 to establish an identification and 
  tracking system for HAZMAT trucks and a background check system for 
                      commercial driver licenses.

       On page 13, between lines 18 and 19, insert the following:


                         Ground Transportation

       For necessary expenses of the Transportation Security 
     Administration to establish an identification and tracking 
     system for HAZMAT trucks and a background check system for 
     commercial driver licenses, $100,000,000.On page 2, line 17, 
     strike $245,579,000 and insert ``$175,579.000''.

                          ____________________