[Congressional Record Volume 150, Number 108 (Monday, September 13, 2004)]
[Senate]
[Pages S9142-S9143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3621. 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; 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 may be 
     used for a pilot project to test interoperable communications 
     between the first Northern Border Air Wing, Bellingham, 
     Washington, and local law enforcement personnel.
                                 ______
                                 
  SA 3622. Mr. SMITH submitted an amendment intended to be proposed by 
him to the bill S. 2709, to provide for the reforestation of 
appropriate forest cover on forest land derived from the public domain, 
and for other purposes; which was referred to the Committee on Energy 
and Natural Resources; as follows:

       At the end, add the following:

     SEC. 6. BISCUIT FIRE RECOVERY PROJECT.

       (a) Judicial Review.--The final environmental impact 
     statement issued by the Forest Service and the Bureau of Land 
     Management concerning the Biscuit Fire Recovery Project on 
     the Rogue River-Siskiyou National Forest and the Grants Pass 
     Resource Area (including the records of decision accompanying 
     the final environmental impact statement) and any Federal 
     action brought under the final environmental impact statement 
     shall not be subject to judicial review by any court of the 
     United States.
       (b) Timing.--Notwithstanding any other provision of law, 
     including, but not limited to, the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National 
     Forest Management Act of 1976 (16 U.S.C. 472a et seq.), and 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.), the activities authorized by the final 
     environmental impact statement described in subsection (a) 
     shall proceed immediately and to completion.
       (c) Exemption From Applicable Law.--The activities 
     authorized by the final environmental impact statement 
     described in subsection (a) shall not be subject to--
       (1) the notice, comment, and appeal requirements of section 
     322 of Public Law No. 102-381 (16 U.S.C. 1612 note);
       (2) administrative remedies under title 43, Code of Federal 
     Regulations; or
       (3) judicial review under subchapter II of chapter 5, and 
     chapter 7, of title 5, United States Code (commonly known as 
     the ``Administrative Procedure Act'').
       (d) Attorney's Costs, Fees, and Expenses.--No costs, fees, 
     or expenses of an attorney may be recovered in any civil 
     action relating to the Biscuit Fire Recovery Project.

     SEC. 7. KALMIOPSIS WILDERNESS ADDITION.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map dated September 
     __, 2004, and entitled ``Proposed Kalmiopsis Wilderness 
     Addition-Rogue River-Siskiyou National Forest''.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 64,000 acres of land 
     in the Rogue River-Siskiyou National Forest in the State of 
     Oregon, as generally depicted on the map, is--
       (1) designated as wilderness and as a component of the 
     National Wilderness Preservation System, to be known as the 
     ``Kalmiopsis Wilderness Addition''; and
       (2) incorporated into, and to be managed as part of, the 
     Kalmiopsis Wilderness.
       (c) Map and Boundary Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall--
       (A) prepare a boundary description of the Kalmiopsis 
     Wilderness Addition; and
       (B) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives the map and boundary description.
       (2) Public availability.--The map and boundary description 
     shall be on file and available for public inspection in the 
     office of the Chief of the Forest Service.
       (3) Force of law.--The map and boundary description shall 
     have the same force and effect as if included in this Act, 
     except that the Secretary may correct minor errors in the map 
     and the boundary description.
       (d) Administration.--
       (1) In general.--Subject to valid existing rights in 
     existence on the date of enactment of this Act, the Secretary 
     shall administer the Kalmiopsis Wilderness Addition in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
     and this Act.
       (2) Effective date of wilderness act.--With respect to the 
     Kalmiopsis Wilderness Addition, any reference in the 
     Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date 
     of that Act shall be deemed to be a reference to the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 3623. Mr. SHELBY 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 16, line 4, before the period at the end, insert 
     the following: ``: Provided, further, That the budget for 
     fiscal year 2006 that is submitted under section 1105(a) of 
     title 31, United States Code, shall include an amount for the 
     Coast Guard that is sufficient to fund delivery of a long-
     term maritime patrol aircraft capability that is consistent 
     with the original procurement plan for the CN-235 aircraft 
     beyond the three aircraft already funded in previous fiscal 
     years''.
                                 ______
                                 
  SA 3624. Ms. MIKULSKI (for herself, Mrs. Boxer, Mrs. Clinton, Mr. 
Harkin, Mr. Jeffords, Mr. Kennedy, Mr. Levin, Mr. Sarbanes, and Mr. 
Schumer) 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:

       Sec. 515. The amount appropriated by title III for the 
     Office of State and Local Government Coordination and 
     Preparedness under the heading ``firefighter assistance 
     grants'' is hereby increased to $900,000,000.
                                 ______
                                 
  SA 3625. Mr. NELSON of Nebraska 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: 
     ``$3,605,081,000, which shall be allocated as follows:
       ``(1) $1,700,000,000 for formula-based grants, $400,000,000 
     for law enforcement terrorism

[[Page S9143]]

     prevention grants, and $30,000,000 for Citizen Corps grants 
     pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 
     3714): Provided, That''.
                                 ______
                                 
  SA 3626. Mr. KENNEDY 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:
       Sec. 515. (a) Not later than 15 days after the date of the 
     enactment of this Act, the President shall submit a copy of 
     the Scowcroft Commission report to Congress.
       (b) The report required under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) In this section, the term ``Scowcroft Commission 
     report'' means the report on improving the capabilities of 
     the United States intelligence community that was prepared by 
     the presidential commission appointed pursuant to National 
     Security Presidential Directive 5 (May 9, 2001) and chaired 
     by General Brent Scowcroft and that was submitted to the 
     President in or around December 2001.
                                 ______
                                 
  SA 3627. Mr. HOLLINGS 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:

       At the appropriate place in title I, insert the following:


                MARITIME TRANSPORTATION SECURITY FUNDING

       For the purposes described in section 70121(b) of title 46, 
     United States Code, an amount equal to the amounts credited 
     to the Maritime Transportation Security Fund under section 
     70121(c) of that title, but not in excess of $500,000,000: 
     Provided that chapter 701 of title 46, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 70120. SECURITY SERVICE FEES

       ``(a) General Authority.--
       ``(1) In general.--For fiscal years 2005 through 2008, the 
     Secretary of Homeland Security shall impose a maritime 
     security user fee on entities that benefit directly from a 
     secure system of international maritime transportation to 
     assist in the payment of the costs of providing international 
     maritime security services for shipments of cargo and to 
     provide to shippers the benefit of a secure system of 
     international maritime trade. The Secretary shall impose the 
     fee for each unit of measure of cargo imported into or 
     exported from the United States on a vessel when entering or 
     leaving the United States as follows:

------------------------------------------------------------------------
             Cargo Group              Unit of Measure         Fee
------------------------------------------------------------------------
Container (non-HAZMAT)..............  TEU                         $20.00
Container (HAZMAT)..................  TEU                         $50.00
------------------------------------------------------------------------

       ``(2) International transshipment security fee.--The 
     Secretary shall impose an international maritime 
     transshipment security user fee for providing security 
     services for shipments of cargo entering the United States as 
     part of an international transportation movement by water 
     through Canadian or Mexican ports at the same rates as the 
     fee imposed under paragraph (1). The fee authorized by 
     this paragraph shall not be assessed or collected on 
     transshipments from--
       ``(A) Canada after the date on which the Secretary 
     determines that an agreement between the United States and 
     Canada has entered into force that will provide equivalent 
     security regimes and international maritime security user 
     fees of the United States and Canada for transshipments 
     between the countries; or
       ``(B) Mexico after the date on which the Secretary 
     determines that an agreement between the United States and 
     Mexico has entered into force that will provide equivalent 
     security regimes and international maritime security user 
     fees of the United States and Mexico for transshipments 
     between the countries.
       ``(b) Imposition of Fees.--
       ``(1) In general.--Notwithstanding section 9701 of title 31 
     and the procedural requirements of section 553 of title 5, 
     the Secretary shall impose the fees under subsection (a) 
     through the publication of notice of such fee in the Federal 
     Register. A fee shall be imposed on each cargo shipment when 
     imported into or exported from the United States on a vessel. 
     No fee shall be assessed more than once per voyage.
       ``(2) Means of collection.--The Secretary shall prescribe 
     procedures to collect fees under this section. The Secretary 
     may use a department, agency, or instrumentality of the 
     United States Government or of a State or local government to 
     collect the fee and may reimburse the department, agency, or 
     instrumentality a reasonable amount for its services.
       ``(3) Subsequent modification of fees.--After imposing a 
     fee under subsection (a), the Secretary may modify, from time 
     to time through publication of notice in the Federal 
     Register, the imposition or collection of such fee, or both. 
     The Secretary shall evaluate the fee annually to determine 
     whether it is necessary and appropriate to pay the cost of 
     activities and services, and shall adjust the amount of the 
     fee accordingly.
       ``(c) Administration of Fees.--
       ``(1) Fees payable to secretary.--All fees imposed and 
     amounts collected under this section are payable to the 
     Secretary.
       ``(2) Information.--The Secretary may require the provision 
     of such information as the Secretary decides is necessary to 
     verify that fees have been collected and remitted at the 
     proper times and in the proper amounts.
       ``(e) Refunds.--The Secretary may refund any fee paid by 
     mistake or any amount paid in excess of that required.

     ``Sec. 70121. MARITIME TRANSPORTATION SECURITY FUND.

       ``(a) In General.--There is established within the 
     Department of Homeland Security a fund to be known as the 
     Maritime Transportation Security Fund.
       ``(b) Purpose.--Amounts in the Fund shall be available to 
     the Secretary to pay or reimburse the costs of implementation 
     and compliance with the requirements of this chapter, 
     including--
       ``(1) the maritime transportation security grant program 
     authorized by section 70107(a);
       ``(2) the national maritime transportation security plan 
     under section 70103(a) and the area maritime transportation 
     security plans under section 70103(b);
       ``(3) implementation of the automatic identification 
     systems required by section 70114;
       ``(4) the costs of developing standards and curricula for 
     the training and certification of maritime security 
     professionals and providing training and certification 
     courses; and
       ``(5) reimbursement of port authorities, waterfront 
     facility operators, and State, local, and regional 
     authorities for the costs of addressing extraordinary or high 
     priority Coast Guard identified vulnerabilities in security 
     and ensuring compliance with the national maritime 
     transportation security plan and applicable area maritime 
     transportation security plans.
       ``(c) Funding.--For each of fiscal years 2005, 2006, 2007, 
     and 2008 there shall be credited to the Fund the sum of the 
     amounts collected from the user fees imposed by the secretary 
     under section 70120(a), to the extent that such sum does not 
     exceed $500,000,000 per fiscal year.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Fund for each fiscal 
     years 2005, 2006, 2007, and 2008 not more than $500,000,000. 
     Any amounts appropriated pursuant to this section shall 
     remain available until expended.'': Provided further, that 
     the chapter analysis for chapter 701 of title 46, United 
     States Code, is amended by adding at the end the following:

       ``70120. Security service fees
       ``70121. Maritime transportation security fund''.
                                 ______
                                 
  SA 3628. Mr. NELSON of Nebraska 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 19, line 17, strike ``$2,845,081,000'' and all that 
     follows through line 22, and insert the following: 
     ``$3,605,081,000, which shall be allocated as follows:
       ``(1) $1,700,000,000 for formula-based grants, $400,000,000 
     for law enforcement terrorism prevention grants, and 
     $30,000,000 for Citizen Corps grants pursuant to section 1014 
     of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That''.
                                 ______
                                 
  SA 3629. Mr. DAYTON 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. __. Amounts appropriated under this Act for expenses 
     related to the protection of federally owned and leased 
     buildings and for the operations of the Federal Protective 
     Service shall not be made available unless the Service 
     implements procedures to ensure that, with respect to 
     contracts (including subcontracts) entered into on or after 
     May 30, 2004 with private security firms to provide 
     protective services for federally owned or leased buildings, 
     the terms of such contracts are not modified in a manner that 
     results in a change in benefits for the employees involved 
     unless the employees involved consent to such changes.

                          ____________________