[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 19127-19135]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1327. Mrs. MURRAY proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 56, line 9, strike ``$165,000,000'' and insert 
     ``$265,000,000''.
                                 ______
                                 
  SA 1328. Mrs. BOXER (for herself and Mr. Schumer) proposed an 
amendment to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

       At the appropriate place, add the following:
       Sec.  . (a) Report.--Not later than March 1, 2004, the 
     Secretary of Homeland Security shall submit to Congress a 
     report that--
       (1) details the progress made in developing countermeasures 
     for commercial aircraft against shoulder-fired missile 
     systems, including cost and time schedules for developing and 
     deploying such countermeasures, and
       (2) in classified form and in conjunction with airports in 
     category X and category one, an assessment of the 
     vulnerability of such airports from the threat of shoulder-
     fired missile systems and the interim measures being taken to 
     address the threat.
                                 ______
                                 
  SA 1329. Mrs. FEINSTEIN (for herself and Mr. Kyl) submitted an 
amendment intended to be proposed by her to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

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

     SEC. 1001. SHORT TITLE.

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

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

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

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

                     ``CHAPTER 66--MARITIME VESSELS

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

     ``Sec. 1371 Jurisdiction and scope

       ``(a) In General.--There is jurisdiction under section 3231 
     over an offense under this chapter if--

[[Page 19128]]

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

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

       ``(a) Offenses.--It shall be unlawful for any person--
       ``(1) to willfully--
       ``(A) set fire to, damage, destroy, disable, or wreck any 
     vessel; or
       ``(B) place or cause to be placed a destructive device or 
     destructive substance in, upon, or in proximity to, or 
     otherwise make or cause to be made an unworkable or unusable 
     or hazardous to work or use, any vessel (as defined in 
     section 3 of title 1), or any part or other materials used or 
     intended to be used in connection with the operation of a 
     vessel; or
       ``(C) set fire to, damage, destroy, disable, or displace a 
     destructive device or destructive substance in, upon, or in 
     proximity to, any maritime facility, including any aid to 
     navigation, lock, canal, or vessel traffic service facility 
     or equipment, or interfere by force or violence with the 
     operation of such maritime facility, if such action is likely 
     to endanger the safety of any vessel in navigation;
       ``(D) set fire to, damage, destroy, disable, or place a 
     destructive device or destructive substance in, upon, or in 
     proximity to any appliance, structure, property, machine, 
     apparatus, or any facility or other material used or intended 
     to be used in connection with the operation, maintenance, 
     loading, unloading, or storage of any vessel or any passenger 
     or cargo carried on, or intended to be carried on, any 
     vessel;
       ``(E) perform an act of violence against or incapacitate an 
     individual on a vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(F) perform an act of violence against a person that 
     causes or is likely to cause serious bodily injury in, upon, 
     or in proximity to any appliance, structure, property, 
     machine, apparatus, or any facility or other material used or 
     intended to be used in connection with the operation, 
     maintenance, loading, unloading, or storage of any vessel or 
     any passenger or cargo carried or intended to be carried on 
     any vessel; or
       ``(G) communicate information, knowing the information to 
     be false and under circumstances in which such information 
     may reasonably be believed, thereby endangering the safety of 
     any vessel in navigation; or
       ``(2) to attempt or conspire to do anything prohibited 
     under paragraph (1).
       ``(b) Penalty.--Any person who--
       ``(1) violates subparagraph (A) or (B) of subsection (a)(1) 
     shall be fined in accordance with this title or imprisoned 
     for a maximum life imprisonment term, or both, and if death 
     results, shall be subject to the death penalty; and
       ``(2) violates subsection (a)(2) or subparagraph (C), (D), 
     (E), (F), or (G) of subsection (a)(1) shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.
       ``(c) Additional Penalties.--Any person who is fined or 
     imprisoned in accordance with subsection (b) for an offense 
     that involved a vessel that, at the time the violation 
     occurred, carried high-level radioactive waste or spent 
     nuclear fuel shall be fined in accordance with this title or 
     imprisoned for not less than 30 years, or for life.
       ``(d) Threatened Offense.--Any person who willfully imparts 
     or conveys any threat to do an act which would violate this 
     chapter, with an apparent determination and will to carry out 
     the threat, shall be--
       ``(1) fined in accordance with this title or imprisoned not 
     more than 5 years, or both; and
       ``(2) liable for all costs incurred as a result of such 
     threat.
       ``(e) Definitions.--For purposes of this section--
       ``(1) the term `destructive device' has the meaning as such 
     term in section 921(a)(4);
       ``(2) the term `destructive substance' has the meaning as 
     such term in section 31;
       ``(3) the term `high-level radioactive waste' has the 
     meaning as such term in section 2(12) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(4) the term `serious bodily injury' has the meaning as 
     such term in section 1365(g); and
       ``(5) the term `spent nuclear fuel' has the meaning as such 
     term in section 2(23) of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101(23)).

     ``Sec. 1373. Imparting or conveying false information

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

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

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

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

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

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

     SEC. 1103. PIRACY AND PRIVATEERING.

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

                 ``CHAPTER 81--PIRACY AND PRIVATEERING

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

     ``Sec. 1651. Piracy

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

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

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

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

       ``Any person who commits any illegal act of violence, 
     detention, or depredation

[[Page 19129]]

     against an individual on board a ship or maritime structure, 
     or the property of that individual, in waters or submerged 
     lands thereunder, subject to the jurisdiction of the United 
     States, shall be fined in accordance with this title or 
     imprisoned not more than 20 years, or both.

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

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

     ``Sec. 1655. Privateering

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

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

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

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

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

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

       ``Any person who knowingly receives or acquires a vessel, 
     maritime structure, cargo, or effects converted or obtained 
     by action falling under any section of this chapter shall be 
     fined in accordance with this title or imprisoned not more 
     than 20 years, or both.

     ``Sec. 1659. Attempts

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

     ``Sec. 1660. Accessories

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

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

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

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

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

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

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

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

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

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

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

       ``(a) Failure To Heave To.--It shall be unlawful for the 
     master, operator, or person in charge of a vessel of the 
     United States, or a vessel subject to the jurisdiction of the 
     United States, to knowingly fail to obey an order to heave to 
     on being ordered to do so by an authorized Federal law 
     enforcement officer.
       ``(b) Obstruction of Boarding and Providing False 
     Information.--It shall be unlawful for any person on board a 
     vessel of the United States or a vessel subject to the 
     jurisdiction of the United States to--
       ``(1) forcibly assault, resist, oppose, prevent, impede, 
     intimidate, or interfere with a boarding or other law 
     enforcement action authorized by any Federal law, or to 
     resist a lawful arrest; or
       ``(2) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew that the person knows is false.
       ``(c) Limitations.--This section shall not limit the 
     authority of--
       ``(1) an officer under section 581 of the Tariff Act of 
     1930 (19 U.S.C. 1581) or any other provision of law enforced 
     or administered by the Secretary of the Treasury or the Under 
     Secretary for Border and Transportation Security of the 
     Department of Homeland Security; or
       ``(2) a Federal law enforcement officer under any law of 
     the United States to order a vessel to stop or heave to.
       ``(d) Consent or Objection to Enforcement.--A foreign 
     nation may consent or waive objection to the enforcement of 
     United States law by the United States under this section by 
     radio, telephone, or similar oral or electronic means, which 
     consent or waiver may be proven by certification of the 
     Secretary of State or the Secretary's designee.

[[Page 19130]]

       ``(e) Penalty.--Any person who intentionally violates this 
     section shall be fined in accordance with this title and 
     imprisoned not more than 1 year.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the terms `vessel of the United States' and `vessel 
     subject to the jurisdiction of the United States' have the 
     same meanings as such terms in section 3 of the Maritime Drug 
     Law Enforcement Act (46 U.S.C. App. 1903);
       ``(2) the term `heave to' means to cause a vessel to slow, 
     come to a stop, or adjust its course or speed to account for 
     the weather conditions and sea state to facilitate a law 
     enforcement boarding; and
       ``(3) the term `Federal law enforcement officer' has the 
     same meaning as such term in section 115.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following:

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

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

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

     SEC. 1107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING.

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

     ``Sec. 2282. Knowing discharge or release

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

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

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

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

[[Page 19131]]

     conditions, any civil penalty that is subject to imposition 
     or which has been imposed under this section.
       ``(5) Failure to pay.--If a person fails to pay an 
     assessment of a civil penalty after it has become final, the 
     Secretary of Homeland Security may refer the matter to the 
     Attorney General for collection in an appropriate district 
     court of the United States.
       ``(g) Definition.--For purposes of this section, the term 
     `goods or chattels' means to be moving as an interstate or 
     foreign shipment at all points between the point of origin 
     and the final destination (as evidenced by the waybill or 
     other shipping document of the shipment) regardless of any 
     temporary stop while awaiting transshipment or otherwise.''.
       (2) Federal sentencing guidelines.--Pursuant to section 994 
     of title 28, United States Code, the United States Sentencing 
     Commission shall review the Federal Sentencing Guidelines to 
     determine whether sentencing enhancement is appropriate for 
     any offense under section 659 of title 18, United States 
     Code, as amended by this subsection.
       (3) Annual report.--The Attorney General shall annually 
     submit to Congress a report that shall include an evaluation 
     of law enforcement activities relating to the investigation 
     and prosecution of offenses under section 659 of title 18, 
     United States Code.

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

     SEC. 1201. DEFINITIONS.

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

     SEC. 1202. DESIGNATED SECURITY AUTHORITY.

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

     SEC. 1203. PENALTIES FOR INACCURATE MANIFEST.

       (a) Falsity or Lack of Manifest.--Section 584 of the Tariff 
     Act of 1930 (19 U.S.C. 1584) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``$1,000'' each place it appears and 
     inserting ``$50,000''; and
       (B) by striking ``$10,000'' and inserting ``$50,000''; and
       (2) by adding at the end the following new subsection:
       ``(c) Criminal Penalties.--Any person who ships or prepares 
     for shipment any merchandise bound for the United States who 
     intentionally provides inaccurate or false information, 
     whether inside or outside the United States, with respect to 
     such merchandise for the purpose of introducing such 
     merchandise into the United States in violation of the laws 
     of the United States, shall be liable, upon conviction of a 
     violation of this subsection, for a fine of not more than 
     $50,000 or imprisonment for 1 year, or both; except that if 
     the importation of such merchandise into the United States is 
     prohibited, such person shall be liable for an additional 
     fine of not more than $50,000 or imprisonment for not more 
     than 5 years, or both.''.
       (b) Penalties for Violations of the Arrival, Reporting, 
     Entry, and Clearance Requirements.--Subsections (b) and (c) 
     of section 436 of Tariff Act of 1930 (19 U.S.C. 1436) are 
     amended to read as follows:
       ``(b) Civil Penalty.--Any master, person in charge of a 
     vessel, vehicle, or aircraft pilot who commits any violation 
     listed in subsection (a) shall be liable for a civil penalty 
     of $25,000 for the first violation, and $50,000 for each 
     subsequent violation, and any conveyance used in connection 
     with any such violation is subject to seizure and forfeiture.
       ``(c) Criminal Penalty.--In addition to being liable for a 
     civil penalty under subsection (b), any master, person in 
     charge of a vessel, vehicle, or aircraft pilot who 
     intentionally commits or causes another to commit any 
     violation listed in subsection (a) shall be liable, upon 
     conviction, for a fine of not more than $50,000 or 
     imprisonment for 1 year, or both; except that if the 
     conveyance has, or is discovered to have had, on board any 
     merchandise (other than sea stores or the equivalent for 
     conveyances other than vessels) the importation of which into 
     the United States is prohibited, such individual shall be 
     liable for an additional fine of not more than $50,000 or 
     imprisonment for not more than 5 years, or both.''.

     SEC. 1204. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a plan to--
       (1) station inspectors from the Directorate, other Federal 
     agencies, or the private sector at the foreign facilities of 
     manufacturers or common carriers to profile and inspect 
     merchandise and the containers or other means by which such 
     merchandise is transported as they are prepared for shipment 
     on a vessel that will arrive at any port or place in the 
     United States;
       (2) develop procedures to ensure the security of 
     merchandise inspected as described in paragraph (1) until it 
     reaches the United States; and
       (3) permit merchandise inspected as described in paragraph 
     (1) to receive expedited inspection upon arrival in the 
     United States.
                                 ______
                                 
  SA 1330. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; which was ordered to lie on the 
table; as follows:

       Insert after section 615 the following:
       Sec. 616. (a) Increase in Amount for Office for Domestic 
     Preparedness.--The amount appropriated by title IV of this 
     Act under the heading ``Office for Domestic Preparedness'' is 
     hereby increased by $30,000,000.
       (b) Availability for Interoperable Communications Grants.--
     Of the amount appropriated by title IV of this Act under the 
     heading ``Office for Domestic Preparedness'', as increased by 
     subsection (a), up to $30,000,000 may be available for 
     interoperable communications grants.
       (c) Offset.--The amount appropriated by title I of this Act 
     under the heading ``Office of the Under Secretary for 
     Management'' is hereby reduced by $30,000,000, with the 
     amount of the reduction to be allocated to amounts available 
     under that heading for the alteration and improvement of 
     facilities and for relocation costs necessary for the interim 
     housing of the Department's headquarters' operations and 
     organizations collocated therewith.
                                 ______
                                 
  SA 1331. Mrs. BOXER proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       At the appropriate place, add the following:
       Sec. __. Not later than March 1, 2004, the Secretary of 
     Homeland Security shall issue a classified report to Congress 
     on the security costs incurred by state and local government 
     law enforcement personnel in each state in complying with 
     requests and requirements of the United States Secret Service 
     to provide protective services and transportation for foreign 
     and domestic officials.
                                 ______
                                 
  SA 1332. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 TITLE __--CLARIFICATION OF PROHIBITION ON CONTRACTING WITH CORPORATE 
                              EXPATRIATES

     SEC. __. CLARIFICATION OF PROHIBITION ON CONTRACTING WITH 
                   CORPORATE EXPATRIATES.

       Section 835 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 395) is amended--

[[Page 19132]]

       (1) in subsection (a), by inserting before the period ``, 
     or any subsidiary of such an entity'';
       (2) in subsection (b)(1), by inserting ``before, on, or'' 
     after ``completes''; and
       (3) in subsection (c)(1)(B), by striking ``which is after 
     the date of enactment of this Act and''.
                                 ______
                                 
  SA 1333. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. It is the sense of the Senate that--
       (1) the Bureau of Immigration and Customs Enforcement faces 
     an increasing demand for Customs investigative work in Rhode 
     Island, particularly in the areas of drug smuggling and money 
     laundering; and
       (2) the Bureau of Immigration and Customs Enforcement 
     should establish an Office of Customs Investigations in 
     Providence, Rhode Island, with an adequate number of special 
     agents and support staff.
                                 ______
                                 
  SA 1334. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2555, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. (a) The Secretary of Homeland Security, in close 
     consultation with State and local officials, shall conduct a 
     study of methods for improving the Nation's threat-alert 
     system.
       (b) The study under subsection (a) shall include--
       (1) a survey of alternative threat-alert systems, including 
     the feasibility of regional and threat-type alerts;
       (2) best estimates of the costs incurred by Federal, State, 
     and local governments and the private sector each time threat 
     levels are adjusted within the current alert system; and
       (3) a comparison of the costs described in paragraph (2) 
     with the projected costs of the alternatives explored under 
     paragraph (1).
       (c) Not later than April 30, 2004, the Secretary of 
     Homeland Security shall submit to Congress a report 
     summarizing the results of the study conducted under this 
     section.
                                 ______
                                 
  SA 1335. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2555, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. (a) The Secretary of Homeland Security, in close 
     consultation with State and local officials and emergency 
     preparedness professional associations, shall conduct a study 
     of the feasibility of establishing a center within the 
     Department of Homeland Security to systematically collect, 
     coordinate, organize, and analyze best practices and other 
     information that could benefit emergency responders.
       (b) The study under subsection (a) shall--
       (1) explore ways in which the center described in 
     subsection (a) could efficiently share best practices with 
     emergency responders through a website or other communication 
     method;
       (2) estimate the costs that would be occurred to establish 
     and maintain such a center; and
       (3) estimate the potential efficiency gains or losses that 
     such a center would produce and their related financial 
     impact.
       (c) Not later than January 30, 2004, the Secretary of 
     Homeland Security shall submit to Congress a report 
     summarizing the results of the study conducted under this 
     section.
                                 ______
                                 
  SA 1336. Mr. DAYTON proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended for the 
     procurement of any articles, materials, or supplies in 
     contravention of the Buy American Act (41 U.S.C. 10a et 
     seq.).
                                 ______
                                 
  SA 1337. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 4, strike line 1 and all that follows 
     through page 20, line 2.
                                 ______
                                 
  SA 1338. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 8, line 3, strike ``2007'' and insert ``2004''.
                                 ______
                                 
  SA 1339. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 20, strike line 3 and all that follows 
     through page 85, line 10.
                                 ______
                                 
  SA 1340. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title VII of division B, insert the 
     following:

     SEC. __. STUDY OF EFFECTIVENESS OF CREDIT FOR ELECTRICITY 
                   PRODUCED FROM CERTAIN RENEWABLE RESOURCES.

       (a) Study.--The Comptroller General of the United States 
     shall undertake a study of the effectiveness of the credit 
     for electricity produced from certain renewable resources 
     under section 45 of the Internal Revenue Code of 1986, as 
     amended by title I. Such study shall evaluate--
       (1) whether the credit is necessary as a means of 
     encouraging the use of renewable resources,
       (2) whether the credit is economically efficient,
       (3) the amount of investment in renewable resource 
     technologies that would exist if no tax credit were 
     available, and
       (4) when the credit should terminate.
       (b) Report.--The Comptroller General of the United States 
     shall report the study required under subsection (a) to 
     Congress not later than 1 year after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1341. Mr. HOLLINGS (for himself and Mr. Graham of Florida) 
proposed an amendment to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 49, line 2, strike ``$150,000,000'' and insert 
     ``$450,000,000''.
       On page 66, line 9, strike ``$823,700,000'' and insert 
     ``$523,700,000,''.
                                 ______
                                 
  SA 1342. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. Not later than March 1, 2004, the Secretary of 
     Homeland Security shall submit to Congress a report that 
     details the costs incurred by State and local governments as 
     a direct result of an increase in the threat level of the 
     Homeland Security Advisory System.
                                 ______
                                 
  SA 1343. Mr. SCHUMER (for himself and Mr. Corzine) proposed an 
amendment to the bill H.R. 2555, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

       On page 49, beginning on line 14, strike all through line 
     19 and insert the following:
       For necessary expenses for research and development related 
     to transportation security, $200,000,000, to remain available 
     until expended: Provided, That of the total amount provided 
     under this heading, $45,000,000 shall be available for the 
     research and development of explosive detection devices: 
     Provided further, That of the total amount provided under 
     this heading $70,000,000 shall be available for the Secretary 
     of Homeland Security to award grants under section 70107(i) 
     of title 46, United States Code, to national laboratories, 
     private nonprofit organizations, institutions of higher 
     education, and other entities for the support of research and 
     development of technologies that can be used to secure the 
     ports of the United States.
                                 ______
                                 
  SA 1344. Mr. LAUTENBERG proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 75, between lines 5 and 6, insert the following:

[[Page 19133]]

       Sec. __. Not later than 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security shall submit 
     a report in unclassified form to Congress on the Homeland 
     Security Advisory System, which shall include--
       (1) an assessment of how the system is fulfilling its 
     missions to--
       (A) provide a national framework for Federal, State, and 
     local governments, private industry and the public to gauge 
     threat levels;
       (B) establish the integration of factors for assignment of 
     threat conditions;
       (C) unify the system of public announcements, allowing 
     government officials and citizens to communicate the nature 
     and degree of terrorist threats; and
       (D) provide a tool for combating terrorism by deterring 
     terrorist activity, notifying law enforcement and State and 
     local government officials of threats, informing the public 
     about government preparations, and providing such officials 
     and the public with information necessary to respond to the 
     threat;
       (2) the average daily cost of elevating the Homeland 
     Security Advisory System by 1 threat level;
       (3) an evaluation by the Inspector General of the 
     Department of Homeland Security of the responses to each of 
     the suggested protective measures to be taken at each threat 
     level; and
       (4) a review of efforts taken by the Department of Homeland 
     Security to refine the Homeland Security Advisory System, and 
     the progress of tailoring the system so that threat alerts 
     are issued on a regional basis rather than nationally.
                                 ______
                                 
  SA 1345. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table, as follows:

       At the end of the bill add the following:
       Notwithstanding the preceding provisions of this Act, the 
     matter appropriating funds under the heading ``fire-fighters, 
     assistance grants'' in title IV under the heading ``Office 
     for Domestic Preparedness'' shall be deemed to appear in 
     title IV under the heading ``Office of the Under Secretary 
     for Emergency Preparedness and Response'' before the item 
     with the heading ``radiological emergency preparedness 
     program.
                                 ______
                                 
  SA 1346. Ms. MIKULSKI (for herself, Mr. Dodd, Ms. Stabenow, Mr. 
Sarbanes, Mrs. Clinton, Mr. Durbin, Mr. Biden, Mr. Lieberman, Mr. 
Harkin, Mr. Levin, Mr. Byrd, Mr. Lautenberg, Mr. Rockefeller, Ms. 
Landrieu, and Mr. Corzine) proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 60, line 1, strike ``$750,000,000'' and insert 
     ``$900,000,000''.
                                 ______
                                 
  SA 1347. Mr. KYL (for himself, Mr. McCain, Mr. Brownback, Mr. Bayh, 
and Mr. Bunning) submitted an amendment intended to be proposed by him 
to the bill S. 14, to enhance the energy security of the United States, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title IV, add the following:

     SEC. 443. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT 
                   SPONSOR TERRORISM.

       (a) In General.--Section 129 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2158) is amended--
       (1) by inserting ``a.'' before ``No nuclear exports''; and
       (2) by adding at the end the following new subsection:
       ``b. (1) Notwithstanding subsection a. and except as 
     provided in paragraphs (2), (3), and (4), no nuclear 
     materials and equipment or sensitive nuclear technology, 
     including items and assistance authorized by section 57 b. of 
     this Act and regulated under Part 810 of title 10, Code of 
     Federal Regulations, and nuclear-related items on the 
     Commerce Control List, shall be exported, whether directly or 
     indirectly, to any country that is on the Department of State 
     list of countries that sponsor terrorism.
       ``(2) This subsection shall not apply to Iraq.
       ``(3) This subsection shall not apply to items, services, 
     or information that are used for nuclear safeguards or 
     nonproliferation purposes, including but not limited to 
     surveillance equipment, seals, cameras, tamper-indication 
     devices, nuclear detectors, monitoring systems, or equipment 
     necessary to safely store, transport, or remove hazardous 
     materials, whether such items, services, or information are 
     regulated by the Department of Energy, the Department of 
     Commerce, or the Nuclear Regulatory Commission.
       ``(4) The President may waive the application of paragraph 
     (1) to a country if the President determines and certifies to 
     Congress that the waiver of that paragraph--
       ``(A) is in the vital national security interests of the 
     United States;
       ``(B) is essential to prevent or respond to a serious 
     radiological hazard in the country receiving the waiver that 
     may or does threaten public health and safety; and
       ``(C) will not result in any increased risk that the 
     country receiving the waiver will acquire nuclear weapons or 
     any materials or components of nuclear weapons.
       ``(5) Notwithstanding section 121 of this Act, this 
     subsection shall apply without regard to any international 
     arrangement made after the date of the enactment of this 
     subsection.''.
       (b) Applicability to Exports Approved for Transfer But Not 
     Transferred.--Subsection b. of section 129 of the Atomic 
     Energy Act of 1954, as added by subsection (a) of this 
     section, shall apply with respect to exports that have been 
     approved for transfer as of the date of the enactment of this 
     Act but have not yet been transferred as of that date.
                                 ______
                                 
  SA 1348. Mrs. CLINTON proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. (a) The Senate finds that--
       (1) this Act is intended to provide critical homeland 
     security resources to State and local communities and first 
     responders to help them in their efforts to improve our 
     homeland defense at the National, State, and local levels;
       (2) given the nature of the terrorist threats against our 
     Nation and the grave consequences of a terrorist attack, it 
     is in the best interest of our homeland defense that such 
     resources be disbursed and employed as effectively as 
     possible;
       (3) the Secretary of Homeland Security has repeatedly 
     emphasized the need to use a threat-based formula, instead of 
     a per capita formula, to best allocate homeland security 
     block grant funds to States for use by States and local 
     communities;
       (4) in the June 2003 report of the Homeland Security 
     Independent Task Force of the Council on Foreign Relations, 
     chaired by Senator Warren B. Rudman, entitled ``Emergency 
     Responders: Drastically Underfunded, Dangerously 
     Unprepared'', the Task Force--
       (A) declared the ``existing systems for determining the 
     distribution of appropriated funds to states to be badly in 
     need of reform'';
       (B) advised that ``Congress should establish a system for 
     allocating scarce [homeland security] resources based . . . 
     on addressing identified threats and vulnerabilities''; and
       (C) stated that, in allocating Federal homeland security 
     funds, ``the Federal Government should consider such factors 
     as population density, vulnerability assessment, and presence 
     of critical infrastructure within each state'';
       (5) the vulnerability assessment may cover a range of 
     considerations, including--
       (A) the proximity of a community to nuclear and chemical 
     facilities, ports, and international borders;
       (B) the presence of national icons that may be terrorist 
     targets;
       (C) population (including tourist, military, and commuting 
     population), population density, the location, risk, or 
     vulnerability of critical infrastructure or key national 
     assets; and
       (D) any other factor considered appropriate by the 
     Secretary of Homeland Security;
       (6) our Nation's critical infrastructure consists of 
     systems and assets, whether physical or virtual, that are 
     vital to the United States, including infrastructure relating 
     to--
       (A) agriculture;
       (B) food;
       (C) water;
       (D) public health;
       (E) emergency services;
       (F) government;
       (G) defense;
       (H) energy;
       (I) transportation;
       (J) banking and finance;
       (K) chemicals;
       (L) postal service; and
       (M) shipping;
       (7) the Public Health Security and Bioterrorism 
     Preparedness and Response Act of 2002 (Public Law 107-188) 
     requires a threat analysis, an indication that Congress 
     recognizes the importance of threat-based formulas; and
       (8) other national homeland security experts have also 
     called for the distribution of Federal, State, and local 
     homeland security grants using a threat-based formula in lieu 
     of a per capita formula.
       (b) It is the sense of the Senate that homeland security 
     grants to State and local governments awarded pursuant to 
     section 1014 of the USA PATRIOT ACT of 2001 (42 U.S.C. 3711) 
     by the Office of Domestic Preparedness of the Department of 
     Homeland Security should, subject to minimum allocations for

[[Page 19134]]

     small States, be allocated to States through a threat-based 
     formula in lieu of a per capita formula.
                                 ______
                                 
  SA 1349. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 96, after line 25, add the following:

     SEC. __. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Compliance facility.--The term ``compliance facility'' 
     means any facility that--
       (A)(i) is designed, constructed, or installed, and used, at 
     a coal-fired electric generation unit for the primary purpose 
     of complying with acid rain control requirements established 
     by title IV of the Clean Air Amendments of 1990 (42 U.S.C. 
     7651 et seq.); and
       (ii) controls or limits emissions of sulfur or nitrogen 
     compounds resulting from the combustion of coal through the 
     removal or reduction of those compounds before, during, or 
     after the combustion of the coal, but before the combustion 
     products are emitted into the atmosphere;
       (B)(i) removes sulfur compounds from coal before the 
     combustion of the coal; and
       (ii) is located off the premises of the electric generation 
     facility at which the coal processed by the compliance 
     facility is burned;
       (C) includes a flue gas desulfurization system connected to 
     a coal-fired electric generation unit; or
       (D) includes facilities or equipment acquired, constructed, 
     or installed, and used, at a coal-fired electric generating 
     unit primarily for the purpose of handling--
       (i) the byproducts produced by the compliance facility; or
       (ii) other coal combustion byproducts produced by the 
     electric generation unit in or to which the compliance 
     facility is incorporated or connected.
       (2) Electric utility.--The term ``electric utility'' means 
     any person (including any municipality) that generates, 
     transmits, or distributes electric energy through the use of 
     a coal-fired generating unit that contains, is attached to, 
     or is used in conjunction with a compliance facility.
       (b) Credits.--A State may provide to an electric utility a 
     credit against any tax or fee owed to the State under a State 
     law, in an amount calculated under, and in accordance with, a 
     formula to be determined by the State, for the use of coal 
     mined from deposits in the State that is burned in a coal-
     fired electric generation unit that is owned or operated by 
     the electric utility that receives the credit.
       (c) Effect on Interstate Commerce.--Action taken by a State 
     in accordance with this section--
       (1) shall be considered to be a reasonable regulation of 
     commerce as of the effective date of the action; and
       (2) shall not be considered to impose an undue burden on 
     interstate commerce or to otherwise impair, restrain, or 
     discriminate against interstate commerce.
                                 ______
                                 
  SA 1350. Mr. CORZINE (for Mr. Edwards, Mr. Lautenberg, and Mr. Biden) 
proposed an amendment to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 66, strike lines 9 and 10, and insert the 
     following: $903,700,000, to remain available until September 
     30, 2005; of which $80,000,000 shall be for chemical facility 
     security assessments.
                                 ______
                                 
  SA 1351. Mr. SCHUMER (for Mr. Baucus, Ms. Cantwell, Mr. Leahy, Ms. 
Stabenow, and Mr. Levin) proposed an amendment to the bill H.R. 2555, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       In title III under the heading ``salaries and expenses'' 
     under the heading ``Customs and Border Protection'', strike 
     ``$4,366,000,000,'' and insert ``$4,566,000,000, of which not 
     to exceed $200,000,000 shall be available to assist the 
     Department of Homeland Security in increasing the number of 
     border personnel at the northern border of the United States 
     by the end of fiscal year 2004 as authorized by section 402 
     of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT Act) of 2001 (115 Stat. 342), and may 
     be transferred by the Secretary of Homeland Security to the 
     salaries and expenses account of the Bureau of Immigration 
     and Customs Enforcement;''.
                                 ______
                                 
  SA 1352. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 2555, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes; as follows:

       On page 75, between lines 5 and 6, insert the following:

     SEC. 6__. PRIORITY FOR FIRE BOATS.

       Notwithstanding any other law, if the Homeland Security 
     Strategic Plan of a State or an Area Maritime Transportation 
     Security Plan under section 70103(b) of title 46, United 
     States Code, states that there is a need for fire boats in 
     the State, the United States Fire Administration shall 
     consider fire boats to be ranked as ``priority one'' for the 
     purposes of an application for a firefighter assistance grant 
     made by a fire department in that State.
                                 ______
                                 
  SA 1353. Mr. BYRD (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 46, line 17, insert before the period the 
     following:
       ``: Provided further, That not later than 180 days after 
     the date of enactment of this Act, the General Accounting 
     Office shall transmit to Congress a report on the 
     implementation of the Student and Exchange Visitor 
     Information System (SEVIS), including an assessment of the 
     technical problems faced by institutions of higher education 
     using the system, the need for the detailed information 
     collected, and an analysis of corrective action being taken 
     by the Department to resolve problems in SEVIS''.
                                 ______
                                 
  SA 1354. Mr. BYRD (for Mr. Dodd) proposed an amendment to the bill 
H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 50, line 16, after ``United States:'', insert the 
     following: ``Provided further, That of the total amount 
     provided under this heading, funding to operate and maintain 
     the Coast Guard Research and Development Center shall 
     continue at the fiscal year 2003 level: Provided further, 
     That the Commandant of the Coast Guard shall conduct a study, 
     the cost of which is not to exceed $350,000, to be submitted 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, on the research and development 
     priorities of the Coast Guard and a design for a new research 
     and development organizational structure within the Coast 
     Guard that ensures that the Coast Guard has access to the 
     most advanced technology necessary to perform its missions 
     effectively: Provided further, That the Commandant may seek 
     an independent entity to conduct such a study:''.
       On page 67, line 8, before the period at the end, insert 
     the following: ``: Provided further, That the Under Secretary 
     for Science and Technology shall work with the Coast Guard 
     Research and Development Center regarding research priorities 
     for the Coast Guard: Provided further, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries, for 
     expenses incurred for research, development, testing, and 
     evaluation''.
                                 ______
                                 
  SA 1355. Mr. BYRD proposed an amendment to the bill H.R. 2555, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       On page 75, line 5 delete all beginning with ``after'' down 
     through and including ``Act'', and insert: ``the Secretary of 
     Homeland Security has published in the Federal Register the 
     Department's privacy notice for CAPPS II or no later than 60 
     days after enactment of this Act, whichever is later''
                                 ______
                                 
  SA 1356. Mr. BYRD (for Mrs. Murray) proposed an amendment to the bill 
H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 51, line 24, after the word ``equipment'', insert: 
     ``including $3,500,000 for defense message system 
     implementation and $1,000,000 for oil spill prevention 
     efforts under the Ports and Waterways Safety Systems (PAWSS) 
     program''
                                 ______
                                 
  SA 1357. Mr. BYRD (for Mr. Reid (for himself and Mr. Ensign)) 
proposed an amendment to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616(a) Congress finds that--
       (1) emergency responders are the first line of defense in 
     protecting our Nation against terrorist attacks;
       (2) the Department of Homeland Security uses population as 
     a factor when allocating grant funding to States and local 
     governments for emergency responders;
       (3) population plays an important role in both formula and 
     discretionary grants,

[[Page 19135]]

     which are administered by the Department of Homeland 
     Security;
       (4) the number of people in any city or State often differs 
     from estimates by the Census Bureau;
       (5) large groups of tourists regularly visit many American 
     cities and states, but are not included in the resident 
     population of these cities and states; and
       (6) the monetary needs of emergency responders are directly 
     related to the amount of people they are responsible to 
     protect.
       (b) It is the sense of the Senate that the Secretary of 
     Homeland Security should take into account tourist population 
     as a factor when determining resource needs and potential 
     vulnerabilities for the purpose of allocating funds for 
     discretionary and formula grants.
                                 ______
                                 
  SA 1358. Mr. BYRD (for Mr. Conrad (for himself and Mr. Dorgan)) 
proposed an amendment to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 75, between lines 5 and 6, insert the following:
       Sec. 616. Not later than 30 days after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response shall--
       (1) review the damage survey reports and project worksheets 
     relating to the damages and costs incurred by the University 
     of North Dakota as a result of the April 1997 flooding in 
     North Dakota, which is classified Emergency Preparedness and 
     Response as DR-1174-ND; and
       (2) submit a report on the efforts of the Directorate of 
     Emergency Preparedness and Response to resolve any 
     outstanding claims by the University of North Dakota relating 
     to the reports described in paragraph (1) to the Committees 
     on Appropriations of the Senate and House of Representatives.
                                 ______
                                 
  SA 1359. Mr. BYRD (for Mr. Edwards) proposed an amendment to the bill 
H.R. 2555, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 66, line 3, after ``Center'', insert:
       : Provided, That no later than 120 days after enactment the 
     Under Secretary of Infrastructure Analysis and Infrastructure 
     Protection shall submit a report to the Committees on 
     Appropriations of the Senate and House of Representatives on 
     the vulnerability of the 250 largest sports and entertainment 
     facilities (based on seating capacity).''
                                 ______
                                 
  SA 1360. Mr. DeWINE (for Mr. Gregg) proposed an amendment to the bill 
S. 650, to amend the Federal Food, Drug and Cosmetic Act to authorize 
the Food and Drug Administration to require certain research into drugs 
used in pediatric patients; as follows:

       On page 14, line 18, after ``misbranded'', insert ``solely 
     because of that failure''.

       On page 19, strike lines 5 and 6 and insert the following:
       (a) In General.--Subject to subsection (b), this Act and 
     the amendments made by this Act take effect on the date of 
     enactment of this Act.
       (b) Applicability to New Drugs and Biological Products.--
       (1) In general.--Subsection (a) of section 505B of the 
     Federal Food, Drug, and Cosmetic Act (as added by section 2) 
     shall apply to an application described in paragraph (1) of 
     that subsection submitted to the Secretary of Health and 
     Human Services on or after April 1, 1999.
       (2) Waivers and deferrals.--
       (A) Waiver or deferral granted.--If, with respect to an 
     application submitted to the Secretary of Health and Human 
     Services between April 1, 1999, and the date of enactment of 
     this Act, a waiver or deferral of pediatric assessments was 
     granted under regulations of the Secretary then in effect, 
     the waiver or deferral shall be a waiver or deferral under 
     subsection (a) of section 505B of the Federal Food, Drug, and 
     Cosmetic Act, except that any date specified in such a 
     deferral shall be extended by the number of days that is 
     equal to the number of days between October 17, 2002, and the 
     date of enactment of this Act.
       (B) Waiver and deferral not granted.--If, with respect to 
     an application submitted to the Secretary of Health and Human 
     Services between April 1, 1999, and the date of enactment of 
     this Act, neither a waiver nor deferral of pediatric 
     assessments was granted under regulations of the Secretary 
     then in effect, the person that submitted the application 
     shall be required to submit assessments under subsection 
     (a)(2) of section 505B of the Federal Food, Drug, and 
     Cosmetic Act on the date that is the later of--
       (i) the date that is 1 year after the date of enactment of 
     this Act; or
       (ii) such date as the Secretary may specify under 
     subsection (a)(3) of that section;

     unless the Secretary grants a waiver under subsection (a)(4) 
     of that section.

       On page 19, line 7, strike ``(b)'' and insert ``(c)''.
                                 ______
                                 
  SA 1361. Mrs. HUTCHISON (for herself, Mr. Voinovich, Mr. DeWine, Mr. 
Specter, Mr. Santorum, and Mr. Warner) submitted an amendment intended 
to be proposed by her to the bill H.R. 2555, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 75, between lines 5 and 6, insert the following:

     SEC. 6__. PAYMENTS BASED ON POPULATION.

       (a) Definitions.--In this section:
       (1) Relative state population proportion.--The term 
     ``relative State population proportion'' means, with respect 
     to a State, the amount that is equal to the quotient obtained 
     by dividing--
       (A) the population of the State (as reported in the most 
     recent decennial census); by
       (B) the total population of all States (as reported in the 
     most recent decennial census).
       (2) Relative population proportion amount.--The term 
     ``relative population proportion amount'' means the product 
     of--
       (A) the appropriated amount described in subsection (b); 
     and
       (B) the relative State population proportion for the State.
       (3) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, the Commonwealth of 
     the Northern Mariana Islands, and American Samoa.
       (b) Payments.--Subject to subsection (c), the amount 
     appropriated under paragraph (1) under the heading ``state 
     and local programs'' under the heading ``Office for Domestic 
     Preparedness'' in title IV shall be used to pay each State an 
     amount equal to the relative population proportion amount.
       (c) Minimum Payment.--
       (1) In general.--No State shall receive a payment under 
     this section for a fiscal year that is less than--
       (A) in the case of 1 of the 50 States or the District of 
     Columbia, \1/2\ of 1 percent of the appropriated amount 
     described in subsection (b); and
       (B) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, the Commonwealth of the 
     Northern Mariana Islands, or American Samoa, \1/10\ of 1 
     percent of the appropriated amount described in subsection 
     (b).
       (2) Pro rata adjustments.--The Secretary of the Treasury 
     shall adjust, on a pro rata basis, the amount of the payments 
     to States determined under this section without regard to 
     this paragraph to the extent necessary to comply with the 
     requirements of paragraph (1).

                          ____________________