[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 5018-5022]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2925. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production

[[Page 5019]]

activities in the United States, to reform and simplify the 
international taxation rules of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. __. UNPENALIZED INDIVIDUAL RETIREMENT PLAN DISTRIBUTIONS 
                   TO UNEMPLOYED INDIVIDUALS FOR MORTGAGE, RENT, 
                   AND UNREIMBURSED RESIDENTIAL UTILITY COSTS.

       (a) In General.--Paragraph (2) of section 72(t) (relating 
     to subsection not to apply to certain distributions) is 
     amended by adding at the end the following new subparagraph:
       ``(G) Distributions to certain unemployed individuals for 
     housing costs.--
       ``(i) In general.--Distributions to an individual after 
     separation from employment if--

       ``(I) such individual has exhausted unemployment 
     compensation under any Federal or State unemployment 
     compensation law by reason of such separation,
       ``(II) such distribution is made during any taxable year 
     during which such unemployment compensation is paid or any 
     succeeding taxable year, and
       ``(III) to the extent such distributions do not exceed the 
     lesser of the amount paid for acquisition indebtedness or 
     home equity indebtedness (as defined in subparagraphs (B) and 
     (C) of section 163(h)(3), respectively), gross rent (within 
     the meaning of section 42(g)(2)(B)), and unreimbursed 
     residential utility costs with respect to the individual and 
     the individual's spouse and dependents (as defined in section 
     152), or $10,000.

       ``(ii) Reemployment and self-employment.--Rules similar to 
     the rules of clauses (ii) and (iii) of subparagraph (D) shall 
     apply for purposes of this subparagraph.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments and distributions beginning after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2926. Mr. GRASSLEY proposed an amendment to amendment SA 2898 
proposed by Mr. Grassley to the amendment SA 2886 submitted by Mr. 
McConnell (for Mr. Frist) to the bill S. 1637, to amend the Internal 
Revenue Code of 1986 to comply with the World Trade Organization 
rulings on the FSC/ETI benefit in a manner that preserves jobs and 
production activities in the United States, to reform and simplify the 
international taxation rules of the United States, and for other 
purposes, as follows:

       In the pending amendment strike ``one day'' and insert 
     ``two days.''
                                 ______
                                 
  SA 2927. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place insert the following:

     SECTION 1. EXPANSION OF CHILD TAX CREDIT.

       (a) In General.--Clause (i) of section 24(d)(1)(B) of the 
     Internal Revenue Code of 1986 (relating to portion of credit 
     refundable) is amended to read as follows:
       ``(i) 15 percent of so much of the taxpayer's earned income 
     (within the meaning of section 32) which is taken into 
     account in computing taxable income for the taxable year as 
     exceeds $10,000 or''.
       (b) Earned Income Includes Combat Pay.--Section 24(d)(1) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new sentence: ``For purposes of 
     subparagraph (B), any amount excluded from gross income by 
     reason of section 112 shall be treated as earned income which 
     is taken into account in computing taxable income for the 
     taxable year.''.
       (c) Conforming Amendment.--Section 24(d) of such Code is 
     amended by striking paragraph (3).
       (d) Effective Date.--
       (1) In General.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2003.

     SEC. 2. INTEREST EXPENSE ALLOCATION RULES

       (a) Delay in Effective Date.--Section 205(c) of the bill 
     (relating to the effective date of the interest expense 
     allocation rules) is amended to read as follows:
       ``(c) The amendments made by this section shall apply to 
     taxable years beginning after December 31, 2012.''
                                 ______
                                 
   SA 2928. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 1637, to amend the Internal Revenue Code 
of 1986 to comply with the World Trade Organization rulings on the FSC/
ETI benefit in a manner that preserves jobs and production activities 
in the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION OF TARGETED AREAS DESIGNATED FOR NEW 
                   MARKETS TAX CREDIT.

       (a) In General.--Paragraph (2) of section 45D(e) is amended 
     to read as follows:
       ``(2) Targeted populations.--The Secretary shall prescribe 
     regulations under which 1 or more targeted populations 
     (within the meaning of section 3(20) of the Riegle Community 
     Development and Regulatory Improvement Act of 1974 (12 U.S.C. 
     4702(20))) may be treated as low-income communities. Such 
     regulations shall include procedures for determining which 
     entities are qualified active low-income community businesses 
     with respect to such populations.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to designations made by the Secretary of the 
     Treasury after the date of the enactment of this Act.
                                 ______
                                 
   SA 2929. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 1637, to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LOW-COST QUALIFIED HEALTH INSURANCE OPTION FOR 
                   ELIGIBLE TAA RECIPIENTS AND OTHER QUALIFIED 
                   INDIVIDUALS.

       (a) In General.--Section 35(e)(2)(A)(iv) of the Internal 
     Revenue Code of 1986 (relating to requirements for State-
     based coverage) is amended to read as follows:
       ``(iv) Low cost option.--

       ``(I) In general.--The coverage includes a low cost option 
     for qualifying individuals under which catastrophic coverage 
     and primary preventive care benefits are provided.
       ``(II) Coordination.--Prior to electing such coverage, the 
     State shall consult with representatives of the qualifying 
     individuals to which the low cost option for the coverage is 
     to be offered with respect to the benefits provided under 
     such option in order to ensure that the coverage provided 
     under the low cost option meets the minimum coverage 
     requirements for such individuals.''.

       (b) Conforming Amendment.--Section 173(f)(2)(B)(i)(IV) of 
     the Workforce Investment Act of 1998 (29 U.S.C. 
     2918(f)(2)(B)(i)(IV)) is amended to read as follows:

       ``(IV) Low cost option.--

       ``(aa) In general.--The coverage includes a low cost option 
     for qualifying individuals under which catastrophic coverage 
     and primary preventive care benefits are provided.
       ``(bb) Coordination.--Prior to electing such coverage, the 
     State shall consult with representatives of the qualifying 
     individuals to which the low cost option for the coverage is 
     to be offered with respect to the benefits provided under 
     such option in order to ensure that the coverage provided 
     under the low cost option meets the minimum coverage 
     requirements for such individuals.''.
       (c) Outreach and Education.--The Secretary of the Treasury 
     and the Secretary of Labor jointly shall establish a program 
     to conduct outreach and education regarding low cost options 
     for qualified health insurance for purposes of the credit for 
     health insurance costs of eligible individuals under section 
     35 of the Internal Revenue Code of 1986 and health insurance 
     coverage assistance for eligible individuals under section 
     173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 
     2918(f)). Such program shall, to the extent practicable, 
     conduct such outreach and education through arrangements 
     entered into with State agencies having responsibility for 
     labor issues.
                                 ______
                                 
   SA 2930. Mr. HARKIN (for himself, Mr. Wyden, and Mr. Durbin)  
submitted an amendment intended to be proposed by him to the bill S. 
1637, to amend the Internal Revenue Code of 1986 to comply with the 
World Trade Organization rulings on the FSC/ETI benefit in a manner 
that preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert:

     SEC. ___. ELIMINATION OF TAX SUBSIDIES FOR OUTSOURCING OF 
                   AMERICAN JOBS.

       (a) Denial of Deductions and Credits.--
       (1) In general.--Part IX of subchapter B of chapter 1 
     (relating to items not deductible) is amended by adding at 
     the end the following new section:

     ``SEC. 280I. ELIMINATION OF TAX SUBSIDIES FOR OUTSOURCING OF 
                   AMERICAN JOBS.

       ``(a) In General.--No deduction or credit shall be allowed 
     under this chapter with respect to any applicable outsourcing 
     item.

[[Page 5020]]

       ``(b) Applicable Outsourcing Item.--For purposes of this 
     section--
       ``(1) In general.--The term `applicable outsourcing item' 
     means any item of expense (including any allowance for 
     depreciation or amortization) or loss arising in connection 
     with 1 or more transactions which--
       ``(A) transfer the production of goods (or the performance 
     of services) from within the United States to outside the 
     United States, and
       ``(B) result in the replacement of workers who reside in 
     the United States with other workers who reside outside of 
     the United States.
       ``(2) Certain items included.--The term `applicable 
     outsourcing item' shall include with respect to any 
     transaction described in paragraph (1)--
       ``(A) any amount paid or incurred in training the 
     replacement workers described in paragraph (1)(B),
       ``(B) any amount paid or incurred in transporting tangible 
     property outside the United States in connection with the 
     transfer described in paragraph (1)(A),
       ``(C) any expense or loss incurred in connection with the 
     sale, abandonment, or other disposition of any property or 
     facility located within the United States and used in the 
     production of goods (or the performance of services) before 
     such transfer,
       ``(D) expenses paid or incurred for travel in connection 
     with the planning and carrying out of any such transaction,
       ``(E) any general or administrative expenses properly 
     allocable to any such transaction,
       ``(F) any amount paid or incurred in connection with any 
     such transaction for the acquisition of any property or 
     facility located outside the United States, and
       ``(G) any other item specified by the Secretary.
       ``(3) Certain items not included.--The term `applicable 
     outsourcing item' shall not include any expenses directly 
     allocable to the sale of goods and services outside the 
     United States.
       ``(c) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary or appropriate to carry out the 
     provisions of this section. The Secretary shall prescribe 
     initial regulations not later than 180 days after the date of 
     enactment of this section.''
       (2) Conforming amendment.--The table of sections for part 
     IX of subchapter B of chapter 1 is amended by adding at the 
     end the following new item:

``Sec. 480I. Elimination of tax subsidies for outsourcing of American 
              jobs.''

       (b) Denial of Deferral.--Section 952(a) (defining subpart F 
     income) is amended by striking ``and'' at the end of 
     paragraph (4), by striking the period at the end of paragraph 
     (5) and inserting ``, and'', and by inserting after paragraph 
     (5) the following new paragraph:
       ``(6) any income properly allocable to the production of 
     goods (or the performance of services) in a foreign country 
     if such production or performance were transferred in 1 or 
     more transactions which are described in section 280I(b) and 
     to which section 280I applies.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to transactions occurring on or after the date of 
     enactment of this Act.
                                 ______
                                 
   SA 2931. Mr. HARKIN submitted an amendment intended to be proposed 
by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 356, strike lines 4 through 7 and insert the 
     following:

     SEC. 482. IRS USER FEES MADE PERMANENT.

       (a) In General.--Section 7528 (relating to Internal Revenue 
     Service user fees) is amended by striking subsection (c).
                                 ______
                                 
  SA 2932. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows;

       On page 179, after line 25, add the following:

     SEC. __. CREDIT FOR INVESTMENT IN TECHNOLOGY TO MAKE MOTION 
                   PICTURES MORE ACCESSIBLE TO THE HEARING 
                   IMPAIRED.

       (a) In General.--
       (1) Allowance of credit.--Subpart D of part IV of 
     subchapter A of chapter 1 (relating to business related 
     credits) is amended by adding at the end the following new 
     section:

     ``SEC. 45G. EXPENDITURES TO PROVIDE ACCESS TO MOTION PICTURES 
                   FOR HEARING IMPAIRED INDIVIDUALS.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an eligible taxpayer, the motion picture 
     accessibility credit for any taxable year shall be an amount 
     equal to 90 percent of the qualified expenditures made by the 
     eligible taxpayer during the taxable year.
       ``(b) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means a taxpayer who is in the 
     business of--
       ``(1) showing motion pictures to the public, or
       ``(2) producing such motion pictures.
       ``(c) Qualified Expenditures.--For purposes of this 
     section, the term `qualified expenditures' means amounts paid 
     or incurred by the taxpayer for the purpose of making motion 
     pictures accessible to hearing impaired individuals.
       ``(d) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to any 
     property, the basis of such property shall be reduced by the 
     amount of the credit so allowed.
       ``(e) No Double Benefit.--In the case of the credit 
     determined under this section, no deduction or credit shall 
     be allowed for such amount under any other provision of this 
     chapter.''.
       (2) Conforming amendments.--
       (A) Section 38(b) (relating to general business credit) is 
     amended by striking ``plus'' at the end of paragraph (14), by 
     striking the period at the end of paragraph (15) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(16) the motion picture accessibility credit determined 
     under section 45G(a).''.
       (B) Subsection (a) of section 1016, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (28), 
     by striking the period at the end of paragraph (29) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(30) in the case of property with respect to which a 
     credit was allowed under section 45G, to the extent provided 
     in section 45G(d).''.
       (b) Limitation on Carryback.--Section 39(d) (relating to 
     transition rules) is amended by adding at the end the 
     following new paragraph:
       ``(14) No carryback of motion picture accessibility credit 
     before effective date.--No portion of the unused business 
     credit for any taxable year which is attributable to the 
     motion picture accessibility credit determined under section 
     45G may be carried to a taxable year beginning before January 
     1, 2004.''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 45F the 
     following new item:

``Sec. 45G. Expenditures to provide access to motion pictures for 
              hearing impaired individuals.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.
                                 ______
                                 
  SA 2933. Mr. FRIST (for Mr. Hollings (for himself, Mr. Stevens, and 
Mr. Kennedy)) proposed an amendment to the bill S. 1218, to provide for 
Presidential support and coordination of interagency ocean science 
programs and development and coordination of a comprehensive and 
integrated United States research and monitoring program; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oceans and Human Health 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) The rich biodiversity of marine organisms provides 
     society with an essential biomedical resource, a promising 
     source of novel compounds with therapeutic potential, and a 
     potentially important contribution to the national economy.
       (2) The diversity of ocean life and research on the health 
     of marine organisms, including marine mammals and other 
     sentinel species, helps scientists in their efforts to 
     investigate and understand human physiology and biochemical 
     processes, as well as providing a means for monitoring the 
     health of marine ecosystems.
       (3) The oceans drive climate and weather factors causing 
     severe weather events and shifts in temperature and rainfall 
     patterns that affect the density and distribution of disease-
     causing organisms and the ability of public health systems to 
     address them.
       (4) The oceans act as a route of exposure for human disease 
     and illnesses through ingestion of contaminated seafood and 
     direct contact with seawater containing toxins and disease-
     causing organisms.
       (5) During the past two decades, the incidence of harmful 
     blooms of algae and hypoxia has increased in United States 
     coastal waters, including the Great Lakes, and around the 
     world, contaminating shellfish, causing widespread fish 
     kills, threatening marine environmental quality and resulting 
     in substantial economic losses to coastal communities.

[[Page 5021]]

       (6) Existing Federal programs and resources support 
     research in a number of these areas, but gaps in funding, 
     coordination, and outreach have impeded national progress in 
     addressing ocean health issues.
       (7) National investment in a coordinated program of 
     research and monitoring would improve understanding of marine 
     ecosystems, allow prediction and prevention of marine public 
     health problems and assist in realizing the potential of the 
     oceans to contribute to the development of effective new 
     treatments of human diseases and a greater understanding of 
     human biology.
       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) Presidential support and coordination of interagency 
     ocean science programs; and
       (2) development and coordination of a comprehensive and 
     integrated United States ocean, coastal, and Great Lakes 
     research and monitoring program that will assist this Nation 
     and the world to understand, use and respond to the role of 
     the oceans in human health.

     SEC. 3. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.

       (a) Coordination.--
       (1) The President, through the National Science and 
     Technology Council, shall coordinate and support a national 
     research program to improve understanding of the role of the 
     oceans in human health.
       (b) Implementation Plan.--Within 1 year after the date of 
     enactment of this Act, the National Science and Technology 
     Council, through the Director of the Office of Science and 
     Technology Policy shall develop and submit to the Congress a 
     plan for coordinated Federal activities under the program. 
     Nothing in this subsection is intended to duplicate or 
     supersede the activities of the Inter-Agency Task Force on 
     Harmful Algal Blooms and Hypoxia established under section 
     603 of the Harmful Algal Bloom and Hypoxia Research and 
     Control Act of 1998 (16 U.S.C. 1451 note). In developing the 
     plan, the Committee will consult with the Inter-Agency Task 
     Force on Harmful Algal Blooms and Hypoxia. Such plan will 
     build on and complement the ongoing activities of the 
     National Oceanic and Atmospheric Administration, the National 
     Science Foundation, and other departments and agencies and 
     shall--
       (1) establish, for the 10-year period beginning in the year 
     it is submitted, the goals and priorities for Federal 
     research which most effectively advance scientific 
     understanding of the connections between the oceans and human 
     health, provide usable information for the prediction of 
     marine-related public health problems and use the biological 
     potential of the oceans for development of new treatments of 
     human diseases and a greater understanding of human biology;
       (2) describe specific activities required to achieve such 
     goals and priorities, including the funding of competitive 
     research grants, ocean and coastal observations, training and 
     support for scientists, and participation in international 
     research efforts;
       (3) identify and address, as appropriate, relevant programs 
     and activities of the Federal agencies and departments that 
     would contribute to the program;
       (4) consider and use, as appropriate, reports and studies 
     conducted by Federal agencies and departments, the National 
     Research Council, the Ocean Research Advisory Panel, the 
     Commission on Ocean Policy and other expert scientific 
     bodies;
       (5) make recommendations for the coordination of program 
     activities with ocean and human health-related activities of 
     other national and international organizations; and
       (6) estimate Federal funding for research activities to be 
     conducted under the program.
       (c) Program Scope.--The program may include the following 
     activities related to the role of oceans in human health:
       (1) Interdisciplinary research among the ocean and medical 
     sciences, and coordinated research and activities to improve 
     understanding of processes within the ocean that may affect 
     human health and to explore the potential contribution of 
     marine organisms to medicine and research, including--
       (A) vector- and water-borne diseases of humans and marine 
     organisms, including marine mammals and fish;
       (B) harmful algal blooms and hypoxia (through the Inter-
     Agency Task Force on Harmful Algal Blooms and Hypoxia);
       (C) marine-derived pharmaceuticals;
       (D) marine organisms as models for biomedical research and 
     as indicators of marine environmental health;
       (E) marine environmental microbiology;
       (F) bioaccumulative and endocrine-disrupting chemical 
     contaminants; and
       (G) predictive models based on indicators of marine 
     environmental health or public health threats.
       (2) Coordination with the National Ocean Research 
     Leadership Council (10 U.S.C. 7902(a)) to ensure that any 
     integrated ocean and coastal observing system provides 
     information necessary to monitor and reduce marine public 
     health problems including health-related data on biological 
     populations and detection of contaminants in marine waters 
     and seafood.
       (3) Development through partnerships among Federal 
     agencies, States, or academic institutions of new 
     technologies and approaches for detecting and reducing 
     hazards to human health from ocean sources and to strengthen 
     understanding of the value of marine biodiversity to 
     biomedicine, including--
       (A) genomics and proteomics to develop genetic and 
     immunological detection approaches and predictive tools and 
     to discover new biomedical resources;
       (B) biomaterials and bioengineering;
       (C) in situ and remote sensors used to detect, quantify, 
     and predict the presence and spread of contaminants in marine 
     waters and organisms and to identify new genetic resources 
     for biomedical purposes;
       (D) techniques for supplying marine resources, including 
     chemical synthesis, culturing and aquaculturing marine 
     organisms, new fermentation methods and recombinant 
     techniques; and
       (E) adaptation of equipment and technologies from human 
     health fields.
       (4) Support for scholars, trainees and education 
     opportunities that encourage an interdisciplinary and 
     international approach to exploring the diversity of life in 
     the oceans.
       (d) Annual Report.--Beginning with the first year occurring 
     more than 24 months after the date of enactment of this Act, 
     the National Science and Technology Council, through the 
     Director of the Office of Science and Technology Policy shall 
     prepare and submit to the President and the Congress not 
     later than January 31st of each year an annual report on the 
     activities conducted pursuant to this Act during the 
     preceding fiscal year, including--
       (1) a summary of the achievements of Federal oceans and 
     human health research, including Federally supported external 
     research, during the preceding fiscal year;
       (2) an analysis of the progress made toward achieving the 
     goals and objectives of the plan developed under subsection 
     (b), including identification of trends and emerging trends;
       (3) a copy or summary of the plan and any changes made in 
     the plan;
       (4) a summary of agency budgets for oceans and human health 
     activities for that preceding fiscal year; and
       (5) any recommendations regarding additional action or 
     legislation that may be required to assist in achieving the 
     purposes of this title.

     SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                   OCEANS AND HUMAN HEALTH INITIATIVE.

       (a) Establishment.--As part of the interagency program 
     planned and coordinated under section 3, the Secretary of 
     Commerce is authorized to establish an Oceans and Human 
     Health Initiative to coordinate and implement research and 
     activities of the National Oceanic and Atmospheric 
     Administration related to the role of the oceans, the coasts, 
     and the Great Lakes in human health. In carrying out this 
     section, the Secretary shall consult with other Federal 
     agencies conducting integrated oceans and human health 
     research and research in related areas, including the 
     National Science Foundation. The Oceans and Human Health 
     Initiative is authorized to provide support for--
       (1) centralized program and research coordination;
       (2) an advisory panel;
       (3) one or more National Oceanic and Atmospheric 
     Administration national centers of excellence;
       (4) research grants; and
       (5) distinguished scholars and traineeships.
       (b) Advisory Panel.--The Secretary is authorized to 
     establish an oceans and human health advisory panel to assist 
     in the development and implementation of the Oceans and Human 
     Health Initiative. Membership of the advisory group shall 
     provide for balanced representation of individuals with 
     multi-disciplinary expertise in the marine and biomedical 
     sciences. The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the oceans and human health advisory 
     panel.
       (c) National Centers.--
       (1) The Secretary is authorized to identify and provide 
     financial support through a competitive process to develop, 
     within the National Oceanic and Atmospheric Administration, 
     for one or more centers of excellence that strengthen the 
     capabilities of the National Oceanic and Atmospheric 
     Administration to carry out its programs and activities 
     related to the oceans' role in human health.
       (2) The centers shall focus on areas related to agency 
     missions, including use of marine organisms as indicators for 
     marine environmental health, ocean pollutants, marine toxins 
     and pathogens, harmful algal blooms, hypoxia, seafood 
     testing, drug discovery, and biology and pathobiology of 
     marine mammals, and on disciplines including marine genomics, 
     marine environmental microbiology, ecological chemistry and 
     conservation medicine.
       (3) In selecting centers for funding, the Secretary will 
     give priority to proposals with strong interdisciplinary 
     scientific merit that encourage educational opportunities and 
     provide for effective partnerships among the Administration, 
     other Federal entities, State, academic, medical, and 
     industry participants.
       (d) Extramural Research Grants.--
       (1) The Secretary is authorized to provide grants of 
     financial assistance to the scientific community for critical 
     research and

[[Page 5022]]

     projects that explore the relationship between the oceans and 
     human health and that complement or strengthen programs and 
     activities of the National Oceanic and Atmospheric 
     Administration related to the ocean's role in human health. 
     Officers and employees of Federal agencies may collaborate 
     with, and participate in, such research and projects to the 
     extent requested by the grant recipient. The Secretary shall 
     consult with the oceans and human health advisory panel 
     established under subsection (b) and may work cooperatively 
     with other agencies participating in the interagency program 
     under section 3 to establish joint criteria for such research 
     and projects.
       (2) Grants under this subsection shall be awarded through a 
     competitive peer-reviewed, merit-based process that may be 
     conducted jointly with other agencies participating in the 
     interagency program established in section 3 or under the 
     National Oceanographic Partnership Program under section 7901 
     of title 10, United States Code.
       (e) Distinguished Scholars and Traineeships.--
       (1) The Secretary is authorized to designate and provide 
     financial assistance to support distinguished scholars from 
     academic institutions, industry, State governments, or other 
     Federal agencies for collaborative work with National Oceanic 
     and Atmospheric Administration scientists and facilities.
       (2) The Secretary of Commerce is authorized to establish a 
     program to provide traineeships, training, and experience to 
     pre-doctoral and post-doctoral students and to scientists at 
     the beginning of their careers who are interested in the 
     oceans in human health research conducted under the NOAA 
     initiative.

     SEC. 5. PUBLIC INFORMATION AND OUTREACH.

       (a) Establishment.--The Secretary of Commerce, in 
     consultation with other appropriate Federal agencies shall 
     design, and implement a national information and outreach 
     program on potential ocean-related human health risks, 
     including health hazards associated with the human 
     consumption of seafood. Under such program, the Secretary 
     shall--
       (1) collect information on the incidence and locations of 
     ocean-related health hazards and illnesses;
       (2) disseminate such information to any appropriate Federal 
     or State agency, involved industries, and other interested 
     persons; and
       (3) assess and make recommendations for observing systems 
     to support the program.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) NOAA Oceans and Human Health Initiative.--There are 
     authorized to be appropriated to the Secretary of Commerce to 
     carry out the National Oceanic and Atmospheric Administration 
     Oceans and Human Health Initiative established under section 
     4, $12,000,000 for fiscal year 2005, $15,000,000 for fiscal 
     year 2006, and $20,000,000 for each of fiscal years 2007 and 
     2008. Not less than 50 percent of the amounts appropriated to 
     carry out the initiative for each fiscal year shall be 
     utilized to support the programs described in subsections (d) 
     and (c) of section 4.
       (b) Public Information.--There are authorized to be 
     appropriated to the Secretary to carry out the public 
     information and outreach program established under section 5, 
     $3,000,000 for each of fiscal years 2005 through 2007.
                                 ______
                                 
  SA 2934. Mr. FRIST (for Ms. Collins) proposed an amendment to the 
bill H.R. 2584, to provide for the conveyance to the Utrok Atoll local 
government of a decommissioned National Oceanic and Atmospheric 
Administration ship, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. 305. REBUILDING FISH STOCKS.

       Section 105 of division H of the Consolidated 
     Appropriations Act, 2004, is repealed.
                                 ______
                                 
  SA 2935. Mr. FRIST (for Mr. McCain (for himself, Mr. Kerry, Mr. 
Inouye, Mr. Wyden, and Mrs. Boxer)) submitted an amendment intended to 
be proposed by Mr. Frist to the bill H.R. 2584, to provide for the 
conveyance to the Utrok Atoll local government of a decommissioned 
National Oceanic and Atmospheric Administration ship, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, between lines 17 and 18, insert the following:
       (c) Within 120 days after the date of enactment of this 
     Act, the Utrok Atoll local government, in consultation with 
     the Government of the Republic of the Marshall Is-lands, 
     shall submit a plan for the use of the vessel to be conveyed 
     under subsection (a) to the House of Representatives 
     Committee on Resources, the House of Representatives 
     Committee on Science, the Senate Committee on Energy and 
     Natural Resources, and the Senate Committee on Commerce, 
     Science, and Transportation.
       On page 4, after line 6, add the following:

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

     SEC. 401. IMPLEMENTATION.

       (a) In General.--Notwithstanding anything to the contrary 
     in section 201, 204, or 307(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1821, 
     1824, and 1857(2)), foreign fishing may be conducted pursuant 
     to the Treaty between the Government of the United States of 
     America and the Government of Canada on Pacific Coast 
     Albacore Tuna Vessels and Port Privileges, signed at 
     Washington May 26, 1981, including its Annexes and any 
     amendments thereto.
       (b) Regulations.--The Secretary of Commerce, with the 
     concurrence of the Secretary of State, may--
       (1) promulgate regulations necessary to discharge the 
     obligations of the United States under the Treaty and its 
     Annexes; and
       (2) provide for the application of any such regulation to 
     any person or vessel subject to the jurisdiction of the 
     United States, wherever that person or vessel may be located.
       (c) Enforcement.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) shall be enforced 
     as if subsection (a) were a provision of that Act. Any 
     reference in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to 
     any provision of that Act, shall be considered to be a 
     reference to that Act as it would be in effect if subsection 
     (a) were a provision of that Act.
       (2) Regulations.--The regulations promulgated under 
     subsection (b), shall be enforced as if--
       (A) subsection (a) were a provision of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.); and
       (B) the regulations were promulgated under that Act.

     SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.

       Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
     973d(a)) is amended by striking ``outside of the 200 nautical 
     mile fisheries zones of the Pacific Island Parties.'' and 
     inserting ``or to fishing by vessels using the longline 
     method in the high seas areas of the Treaty area.''.

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