[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18764-18767]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3664. Mr. CAMPBELL submitted an amendment intended to be proposed 
by him to the bill S. 2666, making appropriations for the Legislative 
Branch for the fiscal year ending September 30, 2005, and for other 
purposes; as follows:

       On page 21, strike lines 13 and 14 and insert ``approval of 
     the Committee on Rules and Administration of the Senate and 
     the Committee on House Administration of the House of 
     Representatives.''.
                                 ______
                                 
  SA 3665. Mr. CAMPBELL proposed an amendment to the bill S. 2666, 
making appropriations for the Legislative Branch for the fiscal year 
ending September 30, 2005, and for other purposes; as follows:

       On page 22, lines 23 and 24, strike ``With respect to 
     claims within the jurisdiction of the Senate'' and insert 
     ``With respect to any claim of a Senator or an employee whose 
     pay is disbursed by the Secretary of the Senate''.
                                 ______
                                 
  SA 3666. Mr. CAMPBELL (for Mr. Stevens ( for himself and Mr. Durbin) 
proposed an amendment to the bill S. 2666, making appropriations for 
the Legislative Branch for the fiscal year ending September 30, 2005, 
and for other purposes; as follows:

       On page 42, between lines 14 and 15, insert the following:

                        Administrative Provision

     SEC. 1501. EXPANSION OF OPEN WORLD LEADERSHIP COUNTRIES.

       Section 313(j) of the Legislative Branch Appropriations 
     Act, 2001 (2 U.S.C. 1151(j)) is amended--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(3) any other country that is designated by the Board, 
     except that the Board shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     of the designation at least 90 days before the designation is 
     to take effect.''.
                                 ______
                                 
  SA 3667. Mr. CAMPBELL (for Mr. Durbin) proposed an amendment to the 
bill S. 2666, making appropriations for the Legislative branch for the 
fiscal year ending September 30, 2005, and for other purposes; as 
follows:

       On page 26, line 18, strike ``$74,558,000'' and insert 
     ``$74,063,000''.
       On page 48, between lines 10 and 11, insert the following:

     SEC. 211. COMMISSION ON THE ABRAHAM LINCOLN STUDY ABROAD 
                   FELLOWSHIP PROGRAM.

       (a) Appropriation.--There are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2005, $495,000, for the 
     Commission on the Abraham Lincoln Study Abroad Fellowship 
     Program established under section 104 of division H of the 
     Consolidated Appropriations Act, 2004 (Public Law 108-199; 
     118 Stat. 435).
       (b) Extension of Report and Termination Dates.--Section 104 
     of division H of the Consolidated Appropriations Act, 2004 
     (Public Law 108-199; 118 Stat. 435) is amended--
       (1) in subsection (f), by striking ``December 1, 2004'' and 
     inserting ``December 1, 2005''; and
       (2) in subsection (g), by striking ``December 31, 2004'' 
     and inserting ``December 31, 2005''.
                                 ______
                                 
  SA 3668. Mr. LUGAR (for himself and Mr. Biden) submitted an amendment 
intended to be proposed by him to the bill S. 2781, to express the 
sense of Congress regarding the conflict in Darfur, Sudan, to provide 
assistance for the crisis in Darfur and for comprehensive peace in 
Sudan, and for other purposes; which was referred to the Committee on 
Foreign Relations; as follows:

       Strike all after the enacting clause, and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Peace in Sudan 
     Act of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (2) JEM.--The term ``JEM'' means the Justice and Equality 
     Movement.
       (3) SLA.--The term ``SLA'' means the Sudanese Liberation 
     Army.
       (4) SPLM.--The term ``SPLM'' means the Sudan People's 
     Liberation Movement.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) A comprehensive peace agreement for Sudan, as 
     envisioned in the Sudan Peace Act (50 U.S.C. 1701 note), and 
     in the Machakos Protocol of 2002, is in jeopardy.
       (2) Since 1989, the Government of Sudan has repeatedly 
     engaged in and sponsored orchestrated campaigns of attacking 
     and dislocating targeted civilian populations, disrupting 
     their ability to sustain themselves, and subsequently 
     restricting assistance to those displaced in a coordinated 
     policy of ethnic cleansing that is most recently evident in 
     the Darfur region of Sudan.
       (3) In response to 2 decades of civil conflict in Sudan, 
     the United States has helped to establish an internationally 
     supported peace process to promote a negotiated settlement to 
     the war that has resulted in a framework peace agreement, the 
     Nairobi Declaration on the Final Phase of Peace in the Sudan 
     signed June 5, 2004.
       (4) At the same time that the Government of Sudan was 
     negotiating for a final countrywide peace, enumerated in the 
     Nairobi Declaration on the Final Phase of Peace in the Sudan, 
     it refused to engage in any meaningful discussion with regard 
     to its ongoing campaign of ethnic cleansing in the region of 
     Darfur.
       (5) It was not until the international community expressed 
     its outrage, through high level visits by Secretary of State 
     Colin Powell and others, and through United Nations Security 
     Council Resolution 1556 of July 30, 2004, that the Government 
     of Sudan agreed to attend talks to bring peace to the Darfur 
     region.
       (6) The Government of the United States, in both the 
     executive branch and Congress, have concluded that genocide 
     has been committed and may still be occurring in Darfur, and 
     that the Government of Sudan and the Janjaweed bear 
     responsibility for the genocide.
       (7) The United Nations High Commissioner for Human Rights 
     has identified massive human rights violations in Darfur 
     perpetrated by the Government of Sudan and the Janjaweed, 
     which the Commissioner stated may constitute war crimes or 
     crimes against humanity.
       (8) Evidence collected by international observers in the 
     Darfur region between February 2003 and September 2004 
     indicate a coordinated effort to target African Sudanese 
     civilians in a scorched earth policy, from both air and 
     ground, that has destroyed African Sudanese villages, killing 
     and driving away its people, while Arab Sudanese villages 
     have been left unscathed.
       (9) As a result of this coordinated campaign, which 
     Congress and the executive branch have declared to be 
     genocide, reports indicate tens of thousands of African 
     Sudanese civilians killed, the systematic rape of thousands 
     of women and girls, the destruction of hundreds of Fur, 
     Masalit, and Zaghawa villages and other ethnically African 
     populations, including the poisoning of their wells and the 
     plunder of crops and cattle upon which they sustain 
     themselves.
       (10) According to the United Nations High Commissioner for 
     Refugees, 1,400,000 people have been displaced in the Darfur 
     region of Sudan, of whom over 200,000 have been forced to 
     flee to Chad as refugees.
       (11) The Government of Sudan conducted aerial attack 
     missions and deadly raids across the international border 
     between Sudan and Chad in an illegal effort to pursue 
     Sudanese civilians seeking refuge in Chad.
       (12) In addition to the thousands of violent deaths 
     directly caused by ongoing Sudanese military and government 
     sponsored Janjaweed attacks in the Darfur region, the 
     Government of Sudan has restricted humanitarian and human 
     rights workers' access to the Darfur area, primarily through 
     bureaucratic and administrative obstruction, in an attempt to 
     inflict the most devastating harm on those displaced from 
     their villages and homes without any means of sustenance or 
     shelter.
       (13) The Government of Sudan's continued support for the 
     Janjaweed and their obstruction of the delivery of food, 
     shelter, and medical care to the Darfur region is estimated 
     by the World Health Organization to be resulting in up to 
     10,000 deaths per month and, should current conditions 
     persist, is projected to escalate to thousands of deaths each 
     day by December 2004.
       (14) The Government of Chad served an important role in 
     facilitating the Darfur humanitarian cease-fire (the 
     N'Djamena Agreement dated April 8, 2004) for the Darfur 
     region between the Government of Sudan and the 2 opposition 
     rebel groups in Darfur (the JEM and the SLA) although both 
     sides have violated it repeatedly.

[[Page 18765]]

       (15) The people of Chad have responded courageously to the 
     plight of over 200,000 Darfur refugees by providing 
     assistance to them even though such assistance has adversely 
     affected their own means of livelihood.
       (16) The cooperation and inclusion of all Sudanese is 
     essential to the establishment of peace and security 
     throughout all of Sudan.
       (17) The African Union has demonstrated renewed vigor in 
     regional affairs through its willingness to respond to the 
     crisis in Darfur, by convening talks between the parties and 
     deploying several hundred monitors and security forces to the 
     region, as well as by recognizing the need for a far larger 
     force with a broader mandate.
       (18) Despite the threat of international action expressed 
     through United Nations Security Council Resolution 1556 of 
     July 30, 2004, the Government of Sudan continues to obstruct 
     and prevent efforts to reverse the catastrophic consequences 
     that loom over Darfur.

     SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, 
                   SUDAN.

       (a) Sudan Peace Act.--It is the sense of Congress that the 
     Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and 
     should be extended to include the Darfur region of Sudan.
       (b) Actions To Address the Conflict.--It is the sense of 
     Congress that--
       (1) a legitimate countrywide peace in Sudan will only be 
     possible if the Agreed Principles of Part A of the Machakos 
     Protocol of 2002, confirmed by the Nairobi Declaration on the 
     Final Phase of Peace in the Sudan signed June 5, 2004, 
     negotiated with the SPLM, apply to all of Sudan and to all of 
     the people of Sudan, including the Darfur region;
       (2) the parties to the N'Djamena Agreement (the Government 
     of Sudan, the SLA, and the JEM) must meet their obligations 
     under that Agreement to allow safe and immediate access of 
     all humanitarian assistance throughout the Darfur region and 
     must expedite the conclusion of a political agreement to end 
     the genocide and conflict in Darfur;
       (3) the United States should continue to provide 
     humanitarian assistance to the areas of Sudan to which the 
     United States has access and, at the same time, develop a 
     plan similar to that described in section 10 of the Sudan 
     Peace Act to provide assistance to the areas of Sudan to 
     which United States access has been obstructed or denied;
       (4) the international community, including African, Arab, 
     and Muslim nations, should immediately provide resources 
     necessary to save the lives of hundreds of thousands of 
     individuals at risk as a result of the Darfur crisis;
       (5) the United States Ambassador-at-Large for War Crimes 
     should travel to Chad and the Darfur region immediately to 
     investigate war crimes and crimes against humanity to develop 
     a more accurate understanding of the situation on the ground 
     and to better inform the report required in section 11(b) of 
     the Sudan Peace Act;
       (6) the United States and the international community 
     should--
       (A) provide all necessary assistance to deploy and sustain 
     an African Union Force of at least 4,200 personnel to the 
     Darfur region; and
       (B) work to increase the authorized level and expand the 
     mandate of such forces commensurate with the gravity and 
     scope of the problem in a region the size of France;
       (7) the President, acting through the Secretary of State 
     and the Permanent Representative of the United States to the 
     United Nations, should ensure that Sudan fulfills its 
     obligations under United Nations Security Council Resolutions 
     1556 (July 30, 2004) and 1564 (September 18, 2004)
       (8) sanctions should be imposed on the assets and 
     activities of those Sudanese Government officials and other 
     individuals that are involved in carrying out the atrocities 
     in the Darfur region;
       (9) the Government of the United States should not 
     normalize relations with Sudan, including through the lifting 
     of any sanctions, until the Government of Sudan agrees to, 
     and takes demonstrable steps to implement, peace agreements 
     for all areas of Sudan, including Darfur; and
       (10) Presidential Proclamation 6958 issued November 22, 
     1996, which suspends entry into the United States of members 
     of the Government of Sudan, officials of that Government, and 
     members of the Sudanese Armed Forces, should continue to 
     remain in effect and be strictly enforced.

     SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.

       (a) Assistance for the Crisis in Darfur and for 
     Comprehensive Peace in Sudan.--
       (1) In general.--The Sudan Peace Act (50 U.S.C. 1701 note) 
     is amended by adding at the end the following new section:

     ``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR 
                   COMPREHENSIVE PEACE IN SUDAN.

       ``(a) Authorization of Appropriations.--
       ``(1) Humanitarian assistance.--There is authorized to be 
     appropriated to the President for assistance to address the 
     humanitarian and human rights crisis in the Darfur region and 
     its impact on eastern Chad, pursuant to the authority in 
     section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2292), $200,000,000 for fiscal year 2005, in addition to any 
     other funds otherwise available for such purpose.
       ``(2) Additional assistance.--Subject to the requirements 
     of this section, there is authorized to be appropriated to 
     the President, for development and humanitarian assistance 
     for Sudan upon the conclusion of a permanent, just, and 
     equitable peace agreement between the Government of Sudan and 
     the SPLM, $100,000,000 for fiscal year 2005, in addition to 
     any other funds otherwise available for such purpose.
       ``(3) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) or (2) 
     are authorized to remain available until expended, 
     notwithstanding any other provision of law other than the 
     provisions of this section.
       ``(b) Requirement for Certification.--The assistance 
     authorized under subsection (a)(2) may be provided--
       ``(1) to the regions administered by the Government of 
     Sudan, in accordance with the peace agreement described in 
     subsection (a)(2), only if the President submits the 
     certification described in subsection (c); and
       ``(2) to the regions administered by the SPLM, in 
     accordance with the peace agreement described in subsection 
     (a)(2), only if the President submits the certification 
     described in subsection (d).
       ``(c) Certification with Regard to Actions of the 
     Government of Sudan.--The certification referred to in 
     subsection (b)(1) is a certification submitted by the 
     President to the appropriate congressional committees that--
       ``(1) the Government of Sudan is taking demonstrable steps 
     to--
       ``(A) ensure that the armed forces of Sudan and any 
     associated militias are not attacking civilians or 
     obstructing human rights monitors or the provision of 
     humanitarian assistance;
       ``(B) demobilize and disarm militias supported or created 
     by the Government of Sudan;
       ``(C) allow full and unfettered access for the provision of 
     humanitarian assistance to all regions of Sudan, including 
     Darfur; and
       ``(D) cooperate fully with the African Union, the United 
     Nations, and all other observer, monitoring, and protection 
     missions mandated to operate in Sudan; and
       ``(2) the Government of Sudan is complying with the 
     provisions of the peace agreement described in subsection 
     (a)(2).
       ``(d) Certification with regard to SPLM's Compliance with a 
     Peace Agreement.--The certification referred to in subsection 
     (b)(2) is a certification submitted by the President to the 
     appropriate congressional committees that the SPLM is 
     complying with the provisions of the peace agreement 
     described in subsection (a)(2).
       ``(e) Suspension of Assistance.--If, on a date after the 
     President submits a certification described in subsection (c) 
     or (d), the President determines that either the Government 
     of Sudan or the SPLM has ceased taking the actions described 
     in the applicable subsection, the President shall immediately 
     suspend the provision of any assistance made available as a 
     result of such certification until the date on which the 
     President certifies that such entity has resumed taking such 
     actions.''.
       (2) Conforming amendment.--Section 3 of the Sudan Peace Act 
     (50 U.S.C. 1701 note) is amended by adding at the end the 
     following new paragraph:
       ``(4) SPLM.--The term `SPLM' means the Sudan People's 
     Liberation Movement.''.
       (b) Reporting Requirement.--Section 8 of the Sudan Peace 
     Act (50 U.S.C. 1701 note) is amended in the first sentence by 
     striking ``Sudan.'' and inserting ``Sudan, including the 
     conflict in the Darfur region.''.

     SEC. 6. OTHER RESTRICTIONS.

       (a) Blocking of Assets.--On the date that is 120 days after 
     the date of enactment of this Act, if the President has not 
     submitted the certification described in subsection (c)(1) of 
     section 12 of the Sudan Peace Act, as added by section 5, the 
     President shall, consistent with the authorities granted in 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block the assets of appropriate senior 
     officials of the Government of Sudan.
       (b) Continuation of Restrictions.--Restrictions against the 
     Government of Sudan that were imposed pursuant to title III 
     and sections 508, 512, and 527 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2004 (Division D of Public Law 108-199; 118 Stat. 143) or any 
     other similar provision of law may not be lifted pursuant to 
     such provisions of law unless the President also makes the 
     certification described in subsection (c) of section 12 of 
     the Sudan Peace Act, as added by section 5.

     SEC. 7. REQUIREMENT FOR REPORT.

       (a) Requirement.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the planned 
     United States response to a comprehensive peace agreement for 
     Sudan.
       (b) Content.--The report required by subsection (a) shall 
     include--
       (1) a description of the United States response to a 
     modified peace process between the Government of Sudan and 
     the SPLM that would account for the implementation

[[Page 18766]]

     of a peace in all regions of Sudan, in particular Darfur; and
       (2) a contingency plan for extraordinary humanitarian 
     assistance should the Government of Sudan continue to 
     obstruct or delay the international humanitarian response to 
     the crisis in Darfur.
       (c) Form of Report.--The report required by subsection (a) 
     may be submitted in classified form.

     SEC. 8. TECHNICAL CORRECTION.

       Section 12 of the International Organizations Immunities 
     Act (22 U.S.C. 288f-2) is amended by striking ``Organization 
     of African Unity'' and inserting ``African Union''.
                                 ______
                                 
  SA 3669. Mr. McCONNELL (for Mr. Hollings (for himself and Mr. 
McCain)) proposed an amendment to the bill S. 2279, to amend title 46, 
United States Code, with respect to maritime transportation security, 
and for other purposes; as follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Maritime 
     Transportation Security Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1.   Short title; table of contents.
Sec. 2.   Enforcement; pier and wharf security costs.
Sec. 3.   Security at foreign ports.
Sec. 4.   Federal and State commercial maritime transportation 
              training.
Sec. 5.   Transportation worker background investigation programs.
Sec. 6.   Report on cruise ship security.
Sec. 7.   Maritime transportation security plan grants.
Sec. 8.   Report on design of maritime security grant programs.

     SEC. 2. ENFORCEMENT; PIER AND WHARF SECURITY COSTS.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     firearms, arrests, and seizure of property), as added by 
     section 801(a) of the Coast Guard and Maritime Transportation 
     Act of 2004, as section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the Coast Guard and Maritime Transportation Act of 
     2004, as section 70120)
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70123; and
       (4) by inserting after section 70120 the following:

     ``Sec. 70121. Enforcement by injunction or withholding of 
       clearance

       ``(a) Injunction.--The United States district courts shall 
     have jurisdiction to restrain violations of this chapter or 
     of regulations issued hereunder, for cause shown.
       ``(b) Withholding of Clearance.--
       ``(1) If any owner, agent, master, officer, or person in 
     charge of a vessel is liable for a penalty or fine under 
     section 70119, or if reasonable cause exists to believe that 
     the owner, agent, master, officer, or person in charge may be 
     subject to a penalty under section 70119, the Secretary may, 
     with respect to such vessel, refuse or revoke any clearance 
     required by section 4197 of the Revised Statutes of the 
     United States (46 U.S.C. App. 91).
       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon filing of a bond or other surety 
     satisfactory to the Secretary.

     ``Sec. 70122. Security of piers and wharfs

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall require any uncleared, imported 
     merchandise remaining on the wharf or pier onto which it was 
     unladen for more than 7 calendar days, not including any time 
     the imported merchandise was held in federal custody, to be 
     removed from the wharf or pier and deposited in the public 
     stores or a general order ware house, where it shall be 
     inspected for determination of con tents, and thereafter a 
     permit for its delivery may be granted.
       ``(b) Penalty.--The Secretary may impose an administrative 
     penalty of $5,000 on the consignee for each bill of lading 
     for general order merchandise remaining on a wharf or pier in 
     violation of subsection (a), except that no penalty shall be 
     imposed if the violation was a result of force majeure.''.
       (b) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the items 
     following the item relating to section 70116 and inserting 
     the following:

``70117. In rem liability for civil penalties and certain costs
``70118. Withholding of clearance
``70119. Firearms, arrests, and seizure of property
``70120. Enforcement by State and local officers
``70121. Enforcement by injunction or withholding of clearance
``70122. Security of piers and wharfs
``70123. Civil penalty''.

       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70123''.
       (3) Section 70118(a) of such title is amended by striking 
     ``under section 70120,'' and inserting ``under that 
     section,''.

     SEC. 3. SECURITY AT FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking ``The Secretary,'' in subsection (b) and 
     inserting ``The Administrator of the Maritime 
     Administration,''; and
       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--The Administrator of 
     the Maritime Administration, in coordination with the 
     Secretary of State, shall identify foreign assistance 
     programs that could facilitate implementation of port 
     security antiterrorism measures in foreign countries. The 
     Administrator and the Secretary shall establish a program to 
     utilize those programs that are capable of implementing port 
     security antiterrorism measures at ports in foreign countries 
     that the Secretary finds, under section 70108, to lack 
     effective antiterrorism measures.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 60 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and Committee on Transportation and Infrastructure of 
     the House of Representatives a report on the security of 
     ports in the Caribbean Basin. The report shall include the 
     following:
       (1) An assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security.
       (2) An estimate of the number of ports in the Caribbean 
     Basin that will not be secured by July 2004, and an estimate 
     of the financial impact in the United States of any action 
     taken pursuant to section 70110 of title 46, United States 
     Code, that affects trade between such ports and the United 
     States.
       (3) An assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin.

     SEC. 4. FEDERAL AND STATE COMMERCIAL MARITIME TRANSPORTATION 
                   TRAINING.

       Section 109 of the Maritime Transportation Security Act of 
     2002 (46 U.S.C. 70101 note) is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and (2) by 
     inserting after subsection (b) the following:
       ``(c) Federal and State Commercial Maritime Transportation 
     Training.--The Secretary of Transportation shall establish a 
     curriculum, to be incorporated into the curriculum developed 
     under subsection (a)(1), to educate and instruct Federal and 
     State officials on commercial maritime and intermodal 
     transportation. The curriculum shall be designed to 
     familiarize those officials with commercial maritime 
     transportation in order to facilitate performance of their 
     commercial maritime and intermodal transportation security 
     responsibilities. In developing the standards for the 
     curriculum, the Secretary shall consult with each agency in 
     the Department of Homeland Security with maritime security 
     responsibilities to determine areas of educational need. The 
     Secretary shall also coordinate with the Federal Law 
     Enforcement Training Center in the development of the 
     curriculum and the provision of training opportunities for 
     Federal and State law enforcement officials at appropriate 
     law enforcement training facilities.''.

     SEC. 5. TRANSPORTATION WORKER BACKGROUND INVESTIGATION 
                   PROGRAMS.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, after consultation with 
     the Secretary of Transportation, shall transmit a report to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure--
       (1) making recommendations (including legislative 
     recommendations, if appropriate or necessary) for 
     harmonizing, combining, or coordinating requirements, 
     procedures, and programs for conducting background checks 
     under section 70105 of title 46, United States Code, section 
     5103a(c) of title 49, United States Code, section 44936 of 
     title 49, United States Code, and other provisions of Federal 
     law or regulations requiring background checks for 
     individuals engaged in transportation or transportation-
     related activities;
       (2) setting forth a detailed timeline for implementation of 
     such harmonization, combination, or coordination;
       (3) setting forth a plan with a detailed timeline for the 
     implementation of the Transportation Worker Identification 
     Credential in seaports;
       (4) making recommendations for a waiver and appeals process 
     for issuing a transportation security card to an individual 
     found otherwise ineligible for such a card under section 
     70105(c)(2) and (3) of title 46, United States Code, along 
     with recommendations on the appropriate level of funding for 
     such a process; and
       (5) making recommendations for how information collected 
     through the Transportation Worker Identification Credential 
     program may be shared with port officials, terminal

[[Page 18767]]

     operators, and other officials responsible for maintaining 
     access control while also protecting workers' privacy.

     SEC. 6. REPORT ON CRUISE SHIP SECURITY.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report on the security 
     of ships and facilities used in the cruise line industry.
       (b) Content.--The report required by subsection (a) shall 
     include an assessment of security measures employed by the 
     cruise line industry, including the following:
       (1) An assessment of the security of cruise ships that 
     originate at ports in foreign countries.
       (2) An assessment of the security of ports utilized for 
     cruise ship docking.
       (3) The costs incurred by the cruise line industry to carry 
     out the measures required by the Maritime Transportation 
     Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and 
     the amendments made by that Act.
       (4) The costs of employing canine units and hand-held 
     explosive detection wands at ports, including the costs of 
     screening passengers and baggage with such methods.
       (5) An assessment of security measures taken by the 
     Secretary of Homeland Security to increase the security of 
     the cruise line industry and the costs incurred to carry out 
     such security measures.
       (6) A description of the need for and the feasibility of 
     deploying explosive detection systems and canine units at 
     ports used by cruise ships and an assessment of the cost of 
     such deployment.
       (7) A summary of the fees paid by passengers of cruise 
     ships that are used for inspections and the feasibility of 
     creating a dedicated passenger vessel security fund from such 
     fees.
       (8) The recommendations of the Secretary, if any, for 
     measures that should be carried out to improve security of 
     cruise ships that originate at ports in foreign countries.
       (9) The recommendations of the Secretary, if any, on the 
     deployment of further measures to improve the security of 
     cruise ships, including explosive detection systems, canine 
     units, and the use of technology to improve baggage 
     screening, and an assessment of the cost of implementing such 
     measures.

     SEC. 7. MARITIME TRANSPORTATION SECURITY PLAN GRANTS.

       Section 70107(a) of title 46, United States Code, is 
     amended to read as follows:
       ``(a) In General.--The Under Secretary of Homeland Security 
     for Border and Transportation Security shall establish a 
     grant program for making a fair and equitable allocation of 
     funds to implement Area Maritime Transportation Security 
     Plans and to help fund compliance with Federal security plans 
     among port authorities, facility operators, and State and 
     local agencies required to provide security services. Grants 
     shall be made on the basis of threat-based risk assessments 
     subject to review and comment by the appropriate Federal 
     Maritime Security Coordinators and the Maritime 
     Administration. The grant program shall take into account 
     national security priorities, national economic, and 
     strategic defense concerns and shall be coordinated with the 
     Director of the Office of Domestic Preparedness to ensure 
     that the grant process is consistent with other Department of 
     Homeland Security grant programs.''.

     SEC. 8. REPORT ON DESIGN OF MARITIME SECURITY GRANT PROGRAMS.

       Within 90 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on the design of maritime security grant 
     programs that includes recommendations on--
       (1) whether the grant programs should be discretionary or 
     formula based and why;
       (2) requirements for ensuring that Federal funds will not 
     be substituted for grantee funds;
       (3) targeting requirements to ensure that funding is 
     directed in a manner that reflects a national, risk-based 
     perspective on priority needs, the fiscal capacity of 
     recipients to fund the improvements without grant funds, and 
     an explicit analysis of the impact of minimum funding to 
     small ports that could affect funding available for the most 
     strategic or economically important ports; and
       (4) matching requirements to ensure that Federal funds 
     provide an incentive to grantees for the investment of their 
     own funds in the improvements financed in part by Federal 
     funds.

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