[Congressional Record Volume 150, Number 109 (Tuesday, September 14, 2004)]
[Senate]
[Pages S9232-S9236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3630. Mr. DODD (for himself, Mr. Specter, Mr. Harkin, Mr. Levin, 
Mr. Sarbanes, Mr. Kennedy, Mr. Daschle, Mr. Schumer, Mrs. Clinton, and 
Mr. Reid) 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 21, between lines 20 and 21, insert the following:


               Fire Department Staffing Assistance Grants

       For necessary expenses for programs authorized by section 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a), to remain available until September 30, 2006, 
     $100,000,000: Provided, That not to exceed 5 percent of this 
     amount shall be available for program administration: 
     Provided, further, That the amount appropriated by title I 
     under the heading ``Office of the Under Secretary for 
     Management'' is hereby reduced by $70,000,000, the amount 
     appropriated by title IV under the heading ``Information 
     Analysis and Infrastructure Protection Management and 
     Administration'' is hereby reduced by $20,000,000, and the 
     amount appropriated by title IV under the heading ``Science 
     and Technology Management and Administration'' is hereby 
     reduced by $10,000,000.
                                 ______
                                 
  SA 3631. Mrs. CLINTON (for herself, Mrs. Feinstein, Mr. Dodd, 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:

       On page 19, line 21, insert ``, which shall be allocated 
     based on factors such as threat, vulnerability, population, 
     population density, the presence of critical infrastructure, 
     and other factors that the Secretary considers appropriate,'' 
     after ``grants''.
                                 ______
                                 
  SA 3632. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Kennedy, and Mr. 
Corzine) 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.
       (a) It is the sense of the Senate that in allocating Urban 
     Area Security Initiative funds to high-threat, high-density 
     urban areas, the Secretary of Homeland Security should ensure 
     that urban areas that face the greatest threat receive Urban 
     Area Security Initiative resources commensurate with that 
     threat.
       (b) The amount appropriated to the Office of State and 
     Local Government Coordination and Preparedness for the fiscal 
     year ending September 30, 2005, for discretionary grants for 
     use in high-threat, high-density urban areas under title III 
     of this Act is increased by $625,000,000.
                                 ______
                                 
  SA 3633. 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; as follows:

       On page 14, line 19, strike the period and insert the 
     following: ``: Provided further, That not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, a report on opportunities for integrating 
     the process by which the Coast Guard issues letters of 
     recommendation for proposed liquefied natural gas marine 
     terminals, including the elements of such process relating to 
     vessel transit, facility security assessment and facility 
     security plans under the Maritime Transportation Security 
     Act, and the process by which the Federal Energy Regulatory 
     Commission issues permits for such terminals under the 
     National Environmental Policy Act: Provided further, That the 
     report shall include an examination of the advisability of 
     requiring that activities of the Coast Guard relating to 
     vessel transit, facility security assessment and facility 
     security plans under the Maritime Transportation Security Act 
     be completed for a proposed liquefied natural gas marine 
     terminal before a final environmental impact statement for 
     such terminal is published under the Federal Energy 
     Regulatory Commission process.''.
                                 ______
                                 
  SA 3634. Mrs. BOXER 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. Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     Secretary of Homeland Security shall provide to the Committee 
     on Commerce, Science, and Transportation and the Subcommittee 
     on Homeland Security of the Committee on Appropriations of 
     the Senate, a classified report on the number of individuals 
     serving as Federal Air Marshals. Such report shall include 
     the number of Federal Air Marshals who are women, minorities, 
     or employees of departments or agencies of the United States 
     Government other than the Department of Homeland Security, 
     the percentage of domestic and international flights that 
     have a Federal Air Marshal aboard, and the rate at which 
     individuals are leaving service as Federal Air Marshals.
                                 ______
                                 
  SA 3635. Mr. FEINGOLD (for himself and Mr. Leahy) 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. __. DATA-MINING REPORT.

       (a) Definitions.--In this section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     where--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government;
       (B) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual; and
       (C) a department or agency of the Federal Government or a 
     non-Federal entity acting on behalf of the Federal Government 
     is conducting the query or search or other analysis to find a 
     pattern indicating terrorist, criminal, or other law 
     enforcement related activity.
       (2) Database.--The term ``database'' does not include 
     telephone directories, information publicly available via the 
     Internet or available by any other means to any member of the 
     public without payment of a fee, or databases of judicial and 
     administrative opinions.
       (b) Reports on Data-Mining Activities.--
       (1) Requirement for report.--The head of each agency in the 
     Department of Homeland Security or the privacy officer, if 
     applicable, that is engaged in any activity to use or develop 
     data-mining technology shall each submit a public report to 
     Congress on all such activities of the agency under the 
     jurisdiction of that official.
       (2) Content of report.--A report submitted under paragraph 
     (1) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (A) A thorough description of the data-mining technology, 
     the plans for the use of such technology, the data that will 
     be used, and the target dates for the deployment of the data-
     mining technology.
       (B) An assessment of the likely impact of the 
     implementation of the data-mining technology on privacy and 
     civil liberties.
       (C) A thorough discussion of the policies, procedures, and 
     guidelines that are to be developed and applied in the use of 
     such technology for data-mining in order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected and 
     used.
       (D) Any necessary classified information in an annex that 
     shall be available to the Committee on Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Appropriations of the House of Representatives.
       (3) Time for report.--Each report required under paragraph 
     (1) shall be submitted not

[[Page S9233]]

     later than 90 days after the end of fiscal year 2005.
                                 ______
                                 
  SA 3636. Mr. BAUCUS (for himself, Mr. Burns, Mr. Conrad, Mr. Roberts, 
Mr. Dorgan, Mr. Brownback, Mr. Nelson of Nebraska, Mr. Hagel, Mr. 
Coleman, Mr. Dayton, Mrs. Clinton, Mrs. Murray, Ms. Stabenow, Mr. 
Johnson, Mr. Daschle, and Mr. Levin) 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:

          TITLE __--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

     SEC. __01. CROP DISASTER ASSISTANCE.

       (a) Definitions.--In this section:
       (1) Additional coverage.--The term ``additional coverage'' 
     has the meaning given the term in section 502(b) of the 
     Federal Crop Insurance Act (7 U.S.C. 1502(b)).
       (2) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity (excluding livestock) for 
     which the producers on a farm are eligible to obtain a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).
       (3) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an eligible crop for which the producers on 
     a farm are eligible to obtain assistance under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (b) Emergency Financial Assistance.--Notwithstanding 
     section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(7)), the Secretary of Agriculture (referred to in 
     this title as the ``Secretary'') shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance authorized under this 
     section available to producers on a farm that have incurred 
     qualifying crop or quality losses for the 2003 or 2004 crop 
     (as elected by a producer), but not both, due to damaging 
     weather or related condition, as determined by the Secretary.
       (c) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and quality 
     losses as were used in administering that section.
       (d) Reduction in Payments.--The amount of assistance that a 
     producer would otherwise receive for a qualifying crop or 
     quality loss under this section shall be reduced by the 
     amount of assistance that the producer receives under the 
     crop loss assistance program announced by the Secretary on 
     August 27, 2004.
       (e) Ineligibility for Assistance.--Except as provided in 
     subsection (f), the producers on a farm shall not be eligible 
     for assistance under this section with respect to losses to 
     an insurable commodity or noninsurable commodity if the 
     producers on the farm--
       (1) in the case of an insurable commodity, did not obtain a 
     policy or plan of insurance for the insurable commodity under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
     the crop incurring the losses; and
       (2) in the case of a noninsurable commodity, did not file 
     the required paperwork, and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the 
     crop incurring the losses.
       (f) Contract Waiver.--The Secretary may waive subsection 
     (e) with respect to the producers on a farm if the producers 
     enter into a contract with the Secretary under which the 
     producers agree--
       (1) in the case of an insurable commodity, to obtain a 
     policy or plan of insurance under the Federal Crop Insurance 
     Act (7 U.S.C. 1501 et seq.) providing additional coverage for 
     the insurable commodity for each of the next 2 crops; and
       (2) in the case of a noninsurable commodity, to file the 
     required paperwork and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity for each of the next 2 crops under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (g) Effect of Violation.--In the event of the violation of 
     a contract under subsection (f) by a producer, the producer 
     shall reimburse the Secretary for the full amount of the 
     assistance provided to the producer under this section.

     SEC. __02. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make and administer payments for livestock losses to 
     producers for 2003 or 2004 losses (as elected by a producer), 
     but not both, in a county that has received an emergency 
     designation by the President or the Secretary after January 
     1, 2003, of which an amount determined by the Secretary shall 
     be made available for the American Indian livestock program 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
       (c) Mitigation.--In determining the eligibility for or 
     amount of payments for which a producer is eligible under the 
     livestock assistance program, the Secretary shall not 
     penalize a producer that takes actions (recognizing disaster 
     conditions) that reduce the average number of livestock the 
     producer owned for grazing during the production year for 
     which assistance is being provided.

     SEC. __03. TREE ASSISTANCE PROGRAM.

       The Secretary shall use such sums as are necessary of the 
     funds of the Commodity Credit Corporation to provide 
     assistance under the tree assistance program established 
     under subtitle C of title X of the Farm Security and Rural 
     Investment Act of 2002 to producers who suffered tree losses 
     during the winter of 2003 through 2004.

     SEC. __04. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title.

     SEC. __05. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

     SEC. __06. EMERGENCY DESIGNATION.

       Amounts appropriated or otherwise made available in this 
     title are each designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of the Department of Defense Appropriations Act, 2005 
     (Public Law 108-287; 118 Stat. 1014).
                                 ______
                                 
  SA 3637. Mr. DASCHLE 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 25, between lines 7 and 8, insert the following:


  assistance for prairie dog overpopulation and grassland revegetation

       For projects and activities of the Nebraska National Forest 
     relating to the control of prairie dog overpopulation and 
     development of a long-term strategy for control and 
     revegetation of national grasslands, $2,000,000, to be 
     derived by transfer from the Vegetation and Watershed 
     Management Account of the Forest Service and to be available 
     without regard to any requirement for a statement or 
     analysis: Provided, That the amount appropriated under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 95 (108th Congress), as made 
     applicable to the House of Representatives by H. Res. 649 
     (108th Congress) and applicable to the Senate by section 
     14007 of the Department of Defense Appropriations Act, 2005 
     (Public Law 108-287; 118 Stat. 1014).
                                 ______
                                 
  SA 3638. Mr. HATCH (for himself and Mr. Leahy) 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. __. None of the funds available in this Act shall be 
     available to maintain the United States Secret Service as 
     anything but a distinct entity within the Department of 
     Homeland Security and shall not be used to merge the United 
     States Secret Service with any other department function, 
     cause any personnel and operational elements of the United 
     States Secret Service to report to an individual other than 
     the Director of the United States Secret Service, or cause 
     the Director to report directly to any individual other than 
     the Secretary of Homeland Security.
                                 ______
                                 
  SA 3639. Mr. BINGAMAN (for himself and Mr. Domenici) proposed an 
amendment to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year

[[Page S9234]]

ending September 30, 2005, and for other purposes; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. During fiscal year 2005 the Secretary of Homeland 
     Security and the Secretary of Defense shall permit the New 
     Mexico Army National Guard to continue performing vehicle and 
     cargo inspection activities in support of the Bureau of 
     Customs and Border Protection and the Bureau of Immigration 
     and Customs Enforcement under the authority of the Secretary 
     of Defense to support counterdrug activities of law 
     enforcement agencies.
                                 ______
                                 
  SA 3640. Mrs. BOXER 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. 5  . No funds appropriated or otherwise made available 
     by this Act shall be used to pursue, implement, or enforce 
     any law, procedure, guideline, rule, regulation, or other 
     policy that exposes the identity of an air marshal to any 
     party not designated by the Secretary of the Department of 
     Homeland Security.
                                 ______
                                 
  SA 3641. Mrs. BOXER (for herself, Mr. Carper, and Mrs. Clinton) 
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 20, line 14, strike ``rail'' and insert ``inter-
     city passenger rail transportation (as defined in section 
     24102(5) of title 49, United States Code), freight rail,''.
                                 ______
                                 
  SA 3642. Mrs. BOXER (for herself and Mr. Schumer) 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. (a) The Secretary of Homeland Security, in 
     coordination with the head of the Transportation Security 
     Administration and the Under Secretary for Science and 
     Technology, shall prepare a report on protecting commercial 
     aircraft from the threat of man-portable air defense systems 
     (referred to in this section as ``MANPADS'').
       (b) The report required by subsection (a) shall include the 
     following:
       (1) An estimate of the number of organizations, including 
     terrorist organizations, that have access to MANPADS and a 
     description of the risk posed by each organization.
       (2) A description of the programs carried out by the 
     Secretary of Homeland Security to protect commercial aircraft 
     from the threat posed by MANPADS.
       (3) An assessment of the effectiveness and feasibility of 
     the systems to protect commercial aircraft under 
     consideration by the Under Secretary for Science and 
     Technology for use in phase II of the counter-MANPADS 
     development and demonstration program.
       (4) A justification for the schedule of the implementation 
     of phase II of the counter-MANPADS development and 
     demonstration program.
       (5) An assessment of the effectiveness of other technology 
     that could be employed on commercial aircraft to address the 
     threat posed by MANPADS, including such technology that is--
       (A) either active or passive;
       (B) employed by the Armed Forces; or
       (C) being assessed or employed by other countries.
       (6) An assessment of alternate technological approaches to 
     address such threat, including ground-based systems.
       (7) A discussion of issues related to any contractor 
     liability associated with the installation or use of 
     technology or systems on commercial aircraft to address such 
     threat.
       (8) A description of the strategies that the Secretary may 
     employ to acquire any technology or systems selected for use 
     on commercial aircraft at the conclusion of phase II of the 
     counter-MANPADS development and demonstration program, 
     including--
       (A) a schedule for purchasing and installing such 
     technology or systems on commercial aircraft; and
       (B) a description of--
       (i) the priority in which commercial aircraft will be 
     equipped with such technology or systems;
       (ii) any efforts to coordinate the schedules for installing 
     such technology or system with private airlines;
       (iii) any efforts to ensure that aircraft manufacturers 
     integrate such technology or systems into new aircraft; and
       (iv) the cost to operate and support such technology or 
     systems on a commercial aircraft.
       (9) A description of the plan to expedite the use of 
     technology or systems on commercial aircraft to address the 
     threat posed by MANPADS if intelligence or events indicate 
     that the schedule for the use of such technology or systems, 
     including the schedule for carrying out development and 
     demonstration programs by the Secretary, should be expedited.
       (10) A description of the efforts of the Secretary to 
     survey and identify the areas at domestic and foreign 
     airports where commercial aircraft are most vulnerable to 
     attack by MANPADS.
       (11) A description of the cooperation between the Secretary 
     and the Administrator of the Federal Aviation Administration 
     to certify the airworthiness and safety of technology and 
     systems to protect commercial aircraft from the risk posed by 
     MANPADS in an expeditious manner.
       (c) The report required by subsection (a) shall be 
     transmitted to Congress along with the budget for fiscal year 
     2006 submitted by the President pursuant to section 1105(a) 
     of title 31, United States Code.
                                 ______
                                 
  SA 3643. Mr. ROBERTS 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. __. SENSE OF THE SENATE CONCERNING THE AMERICAN RED 
                   CROSS AND CRITICAL BIOMEDICAL SYSTEMS.

       (a) Findings.--The Senate finds that--
       (1) the blood supply is a vital public health resource that 
     must be readily available at all times, particularly in 
     response to terrorist attacks and natural disasters;
       (2) the provision of blood is an essential part of the 
     critical infrastructure of the United States and must be 
     protected from threats of terrorism;
       (3) disruption of the blood supply or the compromising of 
     its integrity could have wide-ranging implications on the 
     ability of the United States to react in a crisis; and
       (4) the need exists to ensure that blood collection 
     facilities maintain adequate inventories to prepare for 
     disasters at all times in all locations.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Homeland Security's Information 
     Analysis and Infrastructure Protection should consult with 
     the American Red Cross to--
       (1) identify critical assets and interdependencies;
       (2) perform vulnerability assessments; and
       (3) identify necessary resources to implement protective 
     measures to ensure continuity of operations and security of 
     information technology systems for blood and blood products.
                                 ______
                                 
  SA 3644. Ms. MURKOWSKI (for herself, Mr. Inouye, and Mr. Stevens) 
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:

       At the appropriate place, insert the following:

     SEC. __. DISASTER ASSISTANCE EMPLOYEE CADRES OF EMERGENCY 
                   PREPAREDNESS AND RESPONSE DIRECTORATE.

       (a) In General.--The Secretary of Homeland Security is 
     encouraged to place special emphasis on the recruitment of 
     American Indians, Alaska Natives, and Native Hawaiians for 
     positions within Disaster Assistance Employee cadres 
     maintained by the Emergency Preparedness and Response 
     Directorate.
       (b) Report.--The Secretary of Homeland Security shall 
     report periodically to the Senate and the House of 
     Representatives with respect to--
       (1) the representation of American Indians, Alaska Natives, 
     and Native Hawaiians in the Disaster Assistance Employee 
     cadres; and
       (2) the efforts of the Secretary of Homeland Security to 
     increase the representation of such individuals in the 
     cadres.
                                 ______
                                 
  SA 3645. 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; 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 may 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 3646. Mr. TALENT (for himself and Mr. Bond) 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:


[[Page S9235]]


       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. It is the sense of the Senate that--
       (1) the Director of the Office for State and Local 
     Government Coordination and Preparedness be given limited 
     authority to approve requests from the senior official 
     responsible for emergency preparedness and response in each 
     State to reprogram funds appropriated for the State Homeland 
     Security Grant Program of the Office for State and Local 
     Government Coordination and Preparedness to address specific 
     security requirements that are based on credible threat 
     assessments, particularly threats that arise after the State 
     has submitted an application describing its intended use of 
     such grant funds;
       (2) for each State, the amount of funds reprogrammed under 
     this section should not exceed 10 percent of the total annual 
     allocation for such State under the State Homeland Security 
     Grant Program; and
       (3) before reprogramming funds under this section, a State 
     official described in paragraph (1) should consult with 
     relevant local officials.
                                 ______
                                 
  SA 3647. Ms. STABENOW (for herself, Mr. Craig, and Mr. Levin) 
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:

       On page 21, line 4, insert ``Provided further, That funds 
     under this heading may be used to provide a reasonable 
     stipend to part-time and volunteer first responders who are 
     not otherwise compensated for travel to or participation in 
     terrorism response courses approved by the Office for 
     Domestic Preparedness, which stipend shall not be paid if 
     such first responder is otherwise compensated by an employer 
     for such time and shall not be considered compensation for 
     purposes of rendering such first responder an employee under 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.):'' after ``Homeland Security:''.
                                 ______
                                 
  SA 3648. 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; 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, may 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 3649. Mr. BYRD (for himself, Mr. Levin, Mr. Bingaman, and Mr. 
Feingold) 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:

                 TRANSPORTATION SECURITY ADMINISTRATION


                           aviation security

       For an additional amount for necessary expenses of the 
     Transportation Security Administration relating to aviation 
     security services pursuant to the amendments made by the 
     Aviation and Transportation Security Act (115 Stat. 597), 
     $70,000,000, to remain available until expended, for 
     activities relating to screening passengers and carry-on 
     baggage for explosives.

                       UNITED STATES COAST GUARD


                           operating expenses

       For an additional amount for ``Operating Expenses,'' 
     $20,000,000, for non-homeland security missions (as defined 
     in section 888(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 468(a))).


              acquisition, construction, and improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements,'' $80,000,000, 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,'' 
     $225,000,000: Provided, That of the amounts made available 
     under this heading, $100,000,000 shall be available for 
     discretionary grants for use in high-threat, high-density 
     urban areas as determined by the Secretary of Homeland 
     Security, and $125,000,000 shall be for port security grants.


                     mass transit and rail security

       For necessary expenses relating to mass transit, freight 
     and passenger rail security grants, including security grants 
     for the National Railroad Passenger Corporation, 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, $75,000,000.

     SEC. __. PROHIBITION ON ACQUISITION OF PETROLEUM PRODUCTS FOR 
                   STRATEGIC PETROLEUM RESERVE.

       (a) Funding Prohibition.--None of the funds made available 
     by this Act or any other Act may be used during fiscal year 
     2005 to acquire petroleum products for storage in the 
     Strategic Petroleum Reserve.
       (b) Amounts of Oil Currently Under Contract for Delivery.--
     The Secretary of the Interior shall sell, in fiscal year 
     2005, any petroleum products under contract, as of the date 
     of enactment of this Act, for delivery to the Strategic 
     Petroleum Reserve in that fiscal year.
                                 ______
                                 
  SA 3650. Mr. BAYH (for himself and Mr. Lugar) 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 end, add the following:
       Sec. __. The total amount appropriated by title II for the 
     Pre-Disaster Mitigation Fund under the heading ``mitigation 
     grants'' is hereby increased by $10,654,000. Of such total 
     amount, as so increased, $10,654,000 is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of the Department 
     of Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 1014) and shall be available for for the purchase of 
     flood-damaged homes in northeastern Indiana.
                                 ______
                                 
  SA 3651. Mrs. CLINTON (for herself 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:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. (a) Of any funds previously made available to the 
     Federal Emergency Management Agency in response to the 
     September 11, 2001, attacks in New York City, not less than 
     $4,450,000 shall be provided, subject to the request of the 
     Governor of New York, to those mental health counseling 
     service entities that have historically provided mental 
     health counseling through Project Liberty to personnel of the 
     New York City Police Department, the New York City Fire 
     Department, and other emergency services agencies, to 
     continue such counseling.
                                 ______
                                 
  SA 3652. 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:

       At the appropriate place, insert the following:

          TITLE __--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

     SEC. __. CROP LOSSES.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $560,000,000, to remain available 
     until expended, for the Commodity Credit Corporation Fund for 
     crop losses in excess of 25 percent of the expected 
     production of a crop (including nursery stock, citrus, dairy, 
     timber, vegetables, tropical fruit, clams and other 
     shellfish, tropical fish, poultry, sugar, hay, equines, 
     wildflower seed, sod, and honeybees and losses sustained by 
     packing houses) in the State of Florida resulting from 
     Hurricane Charley or Frances: Provided, That any producer of 
     crops and livestock in the State of Florida that has suffered 
     at least 25 percent loss to a crop covered by this section, 
     25 percent loss to livestock, and damage to building 
     structure in 2004, resulting from Hurricane Charley or 
     Frances, shall be eligible for emergency crop loss 
     assistance, emergency livestock feed assistance under the 
     Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 
     1471 et seq.), and loans and loan guarantees under subtitle C 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961 et seq.).

     SEC. __. WATERSHED AND FLOOD PREVENTION OPERATIONS.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $30,000,000, to remain available 
     until expended, for the emergency watershed protection 
     program established under section 403 of the Agricultural 
     Credit Act of 1978 (16 U.S.C. 2203) and related watershed and 
     flood prevention operations, an additional amount to repair 
     damage to the waterways and watersheds in the State of 
     Florida resulting from Hurricane Charley or Frances.

[[Page S9236]]

     SEC. __. EMERGENCY CONSERVATION PROGRAM.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $60,000,000, to remain available 
     until expended, for the emergency conservation program 
     established under title IV of the Agricultural Credit Act of 
     1978 (16 U.S.C. 2201 et seq.), an additional amount to repair 
     damage to farmland (including nurseries and structures) in 
     the State of Florida resulting from Hurricane Charley or 
     Frances.

     SEC. __. AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $25,000,000, to remain available 
     until expended, for the Agricultural Credit Insurance Fund 
     program account for the cost of emergency insured loans for 
     costs in the State of Florida resulting from Hurricane 
     Charley or Frances.

     SEC. __. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND 
                   SEASONAL FARMWORKERS.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $10,000,000, to remain available 
     until expended, for emergency grants to assist low-income 
     migrant and seasonal farmworkers under section 2281 of the 
     Food, Agriculture, Conservation, and Trade Act of 1990 (42 
     U.S.C. 5177a): Provided, That the emergency services to be 
     provided may include such types of assistance as the 
     Secretary of Agriculture determines to be necessary and 
     appropriate (including repair of existing farmworker housing 
     and construction of new farmworker housing units, including 
     housing that may be used by H-2A workers) to replace housing 
     damaged as a result of Hurricane Charley or Frances.

     SEC. __. RURAL HOUSING FOR DOMESTIC FARM LABOR.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $10,000,000, to remain available 
     until expended, for rural housing for domestic farm labor for 
     the cost of repair and replacement of uninsured losses 
     resulting from natural disasters such as Hurricanes Charley 
     and Frances.

     SEC. __. STATE AND PRIVATE FORESTRY.

       In addition to amounts otherwise made available under this 
     Act, there is appropriated $5,000,000, to remain available 
     until expended, of which $2,500,000 shall be made available 
     for urban and community forestry and of which $2,500,000 
     shall be made available for wildland-urban interface fire 
     suppression efforts resulting from fuel loading from damaged 
     or destroyed tree stands in the State of Florida resulting 
     from Hurricane Charley or Frances.

     SEC. __. EMERGENCY DESIGNATION.

       The amounts appropriated in this title are designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of the Department 
     of Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 1014).
                                 ______
                                 
  SA 3653. Mr. REID 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:

       On page 12, line 23, insert before the last period ``: 
     Provided, That not to exceed $53,000,000 may be provided for 
     transportation worker identification credentialing and 
     $2,000,000 for tracking trucks carrying hazardous material''.
                                 ______
                                 
  SA 3654. 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:

       In section 515 (a) insert ``and the Committee on 
     Environment and Public Works of the Senate'' after 
     ``Governmental Affairs''.
                                 ______
                                 
  SA 3655. Mr. SCHUMER 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:

       On page 7, line 16, strike ``$2,413,438,000,'' and insert 
     the following: ``$2,763,438,000, of which $200,000,000 shall 
     be reserved for the International Civil Aviation Organization 
     to establish biometric and document identification standards 
     to measure multiple immutable physical characteristics, 
     including fingerprints, eye retinas, and eye-to-eye width and 
     for the Department of Homeland Security to place multiple 
     biometric identifiers at each point of entry; of which 
     $50,000,000 shall be reserved for a program that requires the 
     government of each country participating in the visa waiver 
     program to certify that such country will comply with the 
     biometric standards established by the International Civil 
     Aviation Organization; of which $25,000,000 shall be reserved 
     for the entry and exit data systems of the Department of 
     Homeland Security to accommodate traffic flow increases; of 
     which $50,000,000 shall be reserved to integrate the entry 
     and exit data collection and analysis systems of the 
     Department of Homeland Security, the Department of State, and 
     the Department of Justice, including the Federal Bureau of 
     Investigation; of which $25,000,000 shall be reserved to 
     establish a uniform translation and transliteration service 
     for all ports of entry to identify the names of individuals 
     entering and exiting the United States;''.
                                 ______
                                 
  SA 3656. Mr. SCHUMER (for himself, Mr. Sarbanes, Mr. Reed, Mrs. 
Clinton, and 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 20, line 7, strike ``$1,200,000,000'' and insert 
     ``$1,550,000,000''.
       On page 20, line 13, strike ``$150,000,000'' and insert 
     ``$500,000,000''.
                                 ______
                                 
  SA 3657. Mr. COCHRAN (for Mr. Durbin (for himself and Mr. Akaka)) 
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. Sections 702 and 703 of the Homeland Security Act 
     of 2002 (6 U.S.C. 342 and 343) are amended by striking ``, or 
     to another official of the Department, as the Secretary may 
     direct'' each place it appears.
                                 ______
                                 
  SA 3658. Mr. COCHRAN (for Mr. Domenici) 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.  --.

       Section 208(a) of Public Law 108-137; 117 Stat. 1849 is 
     amended by striking ``current'' and inserting ``2005''.
                                 ______
                                 
  SA 3659. Mr. COCHRAN (for Mr. Talent) 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. __. LIAISON FOR DISASTER EMERGENCIES.

       (a) Deployment of Disaster Liaison.--If requested by the 
     Governor or the appropriate State agency of the affected 
     State, the Secretary of Agriculture may deploy disaster 
     liaisons to State and local Department of Agriculture Service 
     Centers in a federally declared disaster area whenever 
     Federal Emergency Management Agency Personnel are deployed in 
     that area, to coordinate Department programs with the 
     appropriate disaster agencies designated under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (b) Qualifications.--A disaster liaison shall be selected 
     from among Department employees who have experience providing 
     emergency disaster relief in federally declared disaster 
     areas.
       (c) Duties.--A disaster liaison shall--
       (1) serve as a liaison to State and Federal Emergency 
     Services;
       (2) be deployed to a federally declared disaster area to 
     coordinate Department interagency programs in assistance to 
     agricultural producers in the declared disaster area;
       (3) facilitate the claims and applications of agricultural 
     producers who are victims of the disaster that are forwarded 
     to the Department by the appropriate State Department of 
     Agriculture agency director; and
       (4) coordinate with the Director of the State office of the 
     appropriate Department agency to assist with the application 
     for and distribution of economic assistance.
       (d) Duration of Deployment.--The deployment of a disaster 
     liaison under subsection (a) may not exceed 30 days.
       (e) Definition.--In this section, the term ``federally 
     declared disaster area'' means--
       (1) an area covered by a Presidential declaration of major 
     disaster, including a disaster caused by a wildfire, issued 
     under section 301 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170); or
       (2) determined to be a disaster area, including a disaster 
     caused by a wildfire, by the Secretary under subpart A of 
     part 1945 of title 7, Code of Federal Regulations.

                          ____________________