[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Pages 5719-5735]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2944. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 212, strike line 12 and all that follows 
     through page 213, line 6, and insert the following:
       ``(D) Limitation on number of persons who may be treated as 
     engaged in work by reason of participation in educational 
     activities.--
       ``(i) In general.--Except as provided in paragraph 
     (1)(C)(ii)(I) and clause (ii), for purposes of subsection 
     (b)(1)(B)(i), not more than 30 percent of the number of 
     individuals in all families in a State who are treated as 
     engaged in work for a month may consist of individuals who 
     are--

       ``(I) determined (without regard to individuals 
     participating in a program established under section 404(l)) 
     to be engaged in work for the month by reason of 
     participation in vocational educational training (but only 
     with respect to such training that does not exceed 12 months 
     with respect to any individual); or
       ``(II) deemed to be engaged in work for the month by reason 
     of subparagraph (C) of this paragraph.

       ``(ii) Exception for education in preparation for sector-
     specific, high-skill occupations to meet employer demand.--

       ``(I) In general.--Notwithstanding clause (i) and 
     subsection (d)(8), for purposes of determining monthly 
     participation rates under subsection (b)(1)(B)(i) with 
     respect to an individual who is enrolled, in preparation for 
     a sector-specific, high-skill occupation to meet employer 
     demand (as defined in subclause (II)), in a postsecondary 2- 
     or 4-year degree program or in vocational educational 
     training--

       ``(aa) the State may count the number of hours per week 
     that the individual attends such program or training for 
     purposes of determining the number of hours for which a 
     family is engaged in work for the month without regard to the 
     30 percent limitation under clause (i); and
       ``(bb) the individual shall be permitted to complete the 
     requirements of the degree program or vocational educational 
     training within the normal timeframe for full-time students 
     seeking the particular degree or completing such vocational 
     educational training.

       ``(II) Sector-specific, high-skill occupation to meet 
     employer demand defined.--In subclause (I), the term `sector-
     specific, high-demand, high-skill occupation to meet employer 
     demand' means an occupation--

       ``(aa) that has been identified by the State workforce 
     investment board established under section 111 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2821) as within 
     the needs of the State with regard to current and projected 
     employment opportunities in specific industry sectors or that 
     has been defined by the State agency administering the State 
     program funded under this part as within the needs of the 
     State with regard to current and projected employment 
     opportunities in specific industry sectors and is consistent 
     with high demand jobs identified in the State plan in 
     accordance with section 402(a)(1)(A)(vi)(I);
       ``(bb) that requires occupational training; and
       ``(cc) that provides a wage of at least 75 percent of the 
     State median hourly wage, as calculated by the Bureau of 
     Labor Statistics on the basis of the most recent Occupational 
     Employment and Wage Survey.
                                 ______
                                 
  SA 2945. Mrs. BOXER (for herself, Mr. Kennedy, and Mr. Biden) 
proposed an amendment to the bill H.R. 4, to reauthorize and improve 
the program of block grants to States for temporary assistance for 
needy families, improve access to quality child care, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. FAIR MINIMUM WAGE.

       (a) Short Title.--This section may be cited as the ``Fair 
     Minimum Wage Act of 2004''.
       (b) Increase in the Minimum Wage.--
       (1) In general.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.85 an hour, beginning on the 60th day after the 
     date of enactment of the Fair Minimum Wage Act of 2004;
       ``(B) $6.45 an hour, beginning 12 months after that 60th 
     day; and
       ``(C) $7.00 an hour, beginning 24 months after that 60th 
     day;''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 60 days after the date of enactment of this 
     Act.
       (c) Applicability of Minimum Wage to the Commonwealth of 
     the Northern Mariana Islands.--
       (1) In general.--Section 6 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of 
     the Northern Mariana Islands.
       (2) Transition.--Notwithstanding paragraph (1), the minimum 
     wage applicable to the Commonwealth of the Northern Mariana 
     Islands under section 6(a)(1) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206(a)(1)) shall be--
       (A) $3.55 an hour, beginning on the 60th day after the date 
     of enactment of this Act; and
       (B) increased by $0.50 an hour (or such lesser amount as 
     may be necessary to equal the minimum wage under section 
     6(a)(1) of such Act), beginning 6 months after the date of 
     enactment of this Act and every 6 months thereafter until the 
     minimum wage applicable to the Commonwealth of the Northern 
     Mariana Islands under this subsection is equal to the minimum 
     wage set forth in such section.
                                 ______
                                 
  SA 2946. Ms. MURKOWSKI submitted an amendment intended to be proposed

[[Page 5720]]

by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 253, between lines 6 and 7, insert the following:
       (d) Domestic Violence Prevention Grants.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     award grants to eligible entities to enable such entities to 
     carry out domestic violence prevention activities. In 
     carrying out this subsection, the Secretary shall make public 
     the criteria to be used by the Secretary for awarding such 
     grants.
       (2) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       (A) be a State, Indian tribe, or nonprofit domestic 
     violence prevention organization; and
       (B) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (3) Activities.--An entity shall use amounts received under 
     a grant awarded under this subsection to--
       (A) develop and disseminate best practices for addressing 
     domestic and sexual violence;
       (B) implement voluntary skills programs on domestic 
     violence as a barrier to economic security, including 
     providing caseworker training, technical assistance, and 
     voluntary services for victims of domestic violence;
       (C) provide broad-based income support and supplementation 
     strategies that provide increased assistance to low-income 
     working adults, such as housing, transportation, and 
     transitional benefits as a means to reduce domestic violence; 
     or
       (D) carry out programs to enhance relationship skills and 
     financial management skills, to teach individuals how to 
     control aggressive behavior, and to disseminate information 
     on the causes of domestic violence and child abuse.
       (4) Matching requirement.--The Secretary may not award a 
     grant to an entity under this subsection unless the entity 
     agrees that, with respect to the costs to be incurred by the 
     entity in carrying out the program for which the grant was 
     awarded, the entity will make available (directly or through 
     donations from public or private entities) non-Federal 
     contributions toward such costs in an amount equal to not 
     less than 25 percent of such costs ($1 for each $4 of Federal 
     funds provided under the grant).
       (5) Required consultation.--The Secretary may not award a 
     grant to a State or an Indian tribe under this subsection 
     unless such State or tribe agrees, in carrying out activities 
     under the grant, to consult with National, State, local, or 
     tribal organizations with demonstrated expertise in providing 
     aid to victims of domestic violence.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $20,000,000 
     for each of fiscal years 2005 through 2009.
                                 ______
                                 
  SA 2947. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 355, between lines 3 and 4, insert the following:

     SEC. __. DETERMINATION OF FEDERAL MEDICAL ASSISTANCE 
                   PERCENTAGE FOR ALASKA.

       Section 706 of the Medicare, Medicaid, and SCHIP Benefits 
     Improvement and Protection Act of 2000, as enacted into law 
     by section 1(a)(6) of Public Law 106-554 (42 U.S.C. 1396d 
     note), is amended by striking ``only with respect to each of 
     fiscal years 2001 through 2005,'' and inserting ``with 
     respect to fiscal year 2001 and each fiscal year 
     thereafter,''.
                                 ______
                                 
  SA 2948. Mr. BIDEN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Violence Against Children 
     Act of 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) People under the age of 18 make up approximately 12 
     percent of all crime victims known to police, including 71 
     percent of all sex crime victims and 38 percent of all 
     kidnaping victims.
       (2) People from the ages of 12 through 17 are over 2 times 
     more likely to be victims of violent crime than adults.
       (3) It has been estimated that only 28 percent of crimes 
     against children are actually reported.
       (4) Some 1,200 children die as a result of abuse each year, 
     and approximately 879,000 children are victims of abuse.
       (5) Child abuse has long-lasting negative effects upon 
     children and families, including delayed development, 
     depression, substance abuse, and increased likelihood of 
     experiencing or perpetrating domestic violence as an adult.
       (6) Most local agencies lack adequate resources to protect 
     and serve the needs of children and families that are brought 
     to their attention.
       (7) Failure to pay child support is in itself a form of 
     neglect, as children who do not receive financial support are 
     more likely to live in poverty, and are therefore more likely 
     to suffer from inadequate education, a lack of quality health 
     care, and a lack of affordable housing.

       TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN

     SEC. 101. ENHANCED PENALTIES.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 2260A. Violence against children

       ``(a) In General.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subsection 
     (b), by force or threat of force willfully injures or 
     attempts to injure any person under 18 years of age--
       ``(1) shall be imprisoned for not more than 10 years and 
     fined in accordance with this title; and
       ``(2) shall be imprisoned for any term of years or for 
     life, and fined in accordance with this title if--
       ``(A) death results from the offense; or
       ``(B) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(b) Circumstances.--For purposes of subsection (a), the 
     circumstances described in this subsection are that--
       ``(1) the conduct described in subsection (a) occurs during 
     the course of, or as the result of, the travel of the 
     defendant or the victim--
       ``(A) across a State line or national border; or
       ``(B) using a channel, facility, or instrumentality of 
     interstate or foreign commerce; or
       ``(2) in connection with the conduct described in 
     subsection (a), the defendant employs a firearm, explosive or 
     incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce.
       ``(c) Penalties.--An offense under this section shall also 
     be subject to the penalties provided in section 1111 of this 
     title (as amended by the PROTECT Act) if the offense is also 
     an offense under that section.''.
       (b) Amendment to Chapter Analysis.--The chapter analysis 
     for chapter 110 of title 18, United States Code, is amended 
     by inserting at the end the following:

``2260A. Violence against children.''.

       (c) Enhanced Penalties for Existing Crimes When Committed 
     Against Children.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this Act and its purposes, the United States Sentencing 
     Commission shall review and amend its guidelines and its 
     policy statements to provide enhanced penalties when the 
     victim of a Federal crime is under the age of 18.
       (d) GAO Review of State Laws.--Not later than 6 months 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) review the statutory penalties for crimes against 
     children under State laws and the sentencing practices of the 
     States with respect to those crimes, including whether a 
     State provides enhanced penalties when the victim of the 
     crime is a child; and
       (2) report the findings of the review to Congress.

     SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) In General.--At the request of a State, Indian tribal 
     government, or unit of local government, the Attorney General 
     shall provide technical, forensic, prosecutorial, or any 
     other form of assistance in the criminal investigation or 
     prosecution of any crime that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (3) is committed against a person under 18 years of age.
       (b) Priority.--If the Attorney General determines that 
     there are insufficient resources to fulfill requests made 
     pursuant to subsection (a), the Attorney General shall give 
     priority to requests for assistance to--
       (1) crimes committed by, or believed to be committed by, 
     offenders who have committed crimes in more than 1 State; and
       (2) rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating

[[Page 5721]]

      to the investigation or prosecution of the crime.

                        TITLE II--GRANT PROGRAMS

     SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW 
                   ENFORCEMENT.

       (a) In General.--The Attorney General shall award grants to 
     assist States, Indian tribal governments, and units of local 
     government to develop and strengthen effective law 
     enforcement and prosecution of crimes against children.
       (b) Purposes.--Grants provided under this section shall 
     provide personnel, training, technical assistance, data 
     collection, and other equipment for the more widespread 
     apprehension, prosecution, and adjudication of persons 
     committing crimes against children, and specifically, for the 
     purposes of--
       (1) training law enforcement officers, prosecutors, judges, 
     and other court personnel to more effectively identify and 
     respond to crimes against children;
       (2) developing, training, or expanding units of law 
     enforcement officers, prosecutors, or courts specifically 
     targeting crimes against children;
       (3) developing and implementing more effective police and 
     prosecution policies, protocols, orders, and services 
     specifically devoted to preventing, identifying, and 
     responding to crimes against children;
       (4) developing, installing, or expanding data collection 
     and communication systems, including computerized systems, 
     linking police, prosecutors, and courts for the purpose of 
     identifying and tracking arrests, prosecutions, and 
     convictions for crimes against children;
       (5) encouraging, developing, and strengthening programs, 
     procedures, and policies that enhance cross-collaboration and 
     cross-communication between law enforcement and child 
     services agencies regarding the care, treatment, and services 
     for child victims; and
       (6) developing, enlarging, or strengthening programs 
     addressing the needs and circumstances of Indian tribes in 
     dealing with crimes against children.
       (c) Application.--
       (1) In general.--Each State, Indian tribal government, or 
     unit of local government that desires a grant under this 
     section shall submit an application to the Attorney General 
     at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (2) Requirements.--A State, Indian tribal government, or 
     unit of local government applying for a grant under this 
     section shall--
       (A) describe--
       (i) the purposes for which the grant is needed;
       (ii) the intended use of the grant funds; and
       (iii) the expected results from the use of grant funds;
       (B) demonstrate that, in developing a plan to implement the 
     grant, the State, Indian tribal government, or unit of local 
     government has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of crimes against children; 
     and
       (C) certify that--
       (i) any Federal funds received under this section will be 
     used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for activities funded under this 
     section; and
       (ii) the State, the Indian tribal government, or the State 
     in which the unit of local government is located is in 
     compliance with sections 301 and 302.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of the fiscal years 2004 through 2008.

     SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE 
                   GRANTS.

       (a) In General.--The Attorney General shall award grants to 
     assist States, Indian tribal governments, units of local 
     government, and nongovernmental organizations to provide 
     education, prevention, intervention, and victims' assistance 
     services regarding crimes against children.
       (b) Purposes.--Grants provided under this section shall be 
     used to provide education, prevention, and intervention 
     services to prevent crimes against children and to provide 
     assistance to children, and the families of children, who are 
     victims of crime, including--
       (1) educational seminars;
       (2) the operation of hotlines;
       (3) training programs for professionals;
       (4) the preparation of informational materials;
       (5) intervention services to prevent crimes against 
     children;
       (6) other efforts to increase awareness of the facts about, 
     or to help prevent, crimes against children, including 
     efforts to increase awareness in underserved racial, ethnic, 
     and language minority communities;
       (7) emergency medical treatment for victims;
       (8) counseling to victims of crimes against children and 
     their families; and
       (9) increasing the supply of mental health professionals 
     specializing in the mental health of victims of crimes 
     against children.
       (c) Application.--
       (1) In general.--Each State, Indian tribal government, unit 
     of local government, or nongovernmental organization that 
     desires a grant under this section shall submit an 
     application to the Attorney General at such time, in such 
     manner, and accompanied by or containing such information as 
     the Attorney General shall reasonably require.
       (2) Requirements.--A State, Indian tribal government, unit 
     of local government, or nongovernmental organization applying 
     for a grant under this section shall--
       (A) describe--
       (i) the purposes for which the grant is needed;
       (ii) the intended use of the grant funds; and
       (iii) the expected results from the use of grant funds;
       (B) demonstrate that, in developing a plan to implement the 
     grant--
       (i) in the case of a State, Indian tribal government, or 
     unit of local government, that the State, Indian tribal 
     government, or unit of local government has consulted and 
     coordinated with nonprofit, nongovernmental victim services 
     programs that have experience in providing services to 
     victims of crimes against children; and
       (ii) in the case of a nongovernmental organization, that 
     the nongovernmental organization has experience in providing 
     education, prevention, or intervention services regarding 
     crimes against children or has experience in providing 
     services to victims of crimes against children; and
       (C) certify that--
       (i) any Federal funds received under this section will be 
     used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for activities funded under this 
     section, provided that the Attorney General may waive such 
     requirement for nongovernmental organizations in 
     extraordinary circumstances; and
       (ii) the State, the Indian tribal government, the State in 
     which the unit of local government is located, or the State 
     in which the nongovernmental organization will operate the 
     activities funded under this section is located, is in 
     compliance with section 303.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of the fiscal years 2004 through 2008.

                     TITLE III--NATIONWIDE PROGRAMS

     SEC. 301. NATIONWIDE AMBER ALERT.

       Not later than 3 years after the date of enactment of this 
     Act, each State receiving grants pursuant to section 201 
     shall have in place a statewide AMBER Alert communications 
     network for child abduction cases.

     SEC. 302. IMPROVED STATISTICAL GATHERING.

       Each State receiving grants pursuant to section 201 shall 
     use, or shall be in the process of testing or developing 
     protocols to use, the National Incident-Based Reporting 
     System.

     SEC. 303. NATIONAL SAFE HAVEN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, each State receiving grants pursuant 
     to section 202 shall have in effect a statute that--
       (1) permits a parent to leave a newborn baby with a 
     medically-trained employee of a hospital emergency room 
     anonymously without any criminal or other penalty;
       (2) includes a mechanism to encourage and permit a hospital 
     employee in the receiving hospital to collect information 
     about the medical history of the family subject to the 
     approval of the parent;
       (3) requires law enforcement entities in the State, 
     immediately after relinquishment of a child under paragraph 
     (1), to search State and Federal missing person databases to 
     ensure that the child has not been reported missing; and
       (4) includes a plan for publicizing the State's Safe Haven 
     law.
       (b) Exception.--Notwithstanding subsection (a)(1), a State 
     statute in effect pursuant to this section may deny a parent 
     the ability to leave a newborn baby anonymously without any 
     criminal or other penalty if the newborn baby shows signs of 
     abuse or appears to have been intentionally harmed.

     SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.

       (a) Report by States.--Not later than 180 days after the 
     date of enactment of this Act, each State receiving an 
     allotment for child welfare services under subpart 1 of part 
     B of title IV of the Social Security Act (42 U.S.C. 620 et 
     seq.) shall submit to the Secretary of Health and Human 
     Services a report detailing the State's program funded under 
     that subpart, including the process for maintaining records 
     and verifying the well-being of the children under the 
     State's care.
       (b) GAO Study.--Not later than 180 days after the date of 
     enactment of this Act, the General Accounting Office shall 
     report to Congress on State practices and policies under the 
     child welfare program funded under subpart 1 of part B of 
     title IV of the Social Security Act (42 U.S.C. 620 et seq.). 
     The report shall include the following:
       (1) How States are maintaining records and verifying the 
     well-being of the children under their care, including how 
     well States are keeping track of where those children are.
       (2) Whether and how the review system being undertaken by 
     the Secretary of Health and Human Services is helping States 
     to reform their child welfare system.

[[Page 5722]]

       (3) The best practices being implemented by the States.
       (4) Recommendations for legislative changes by Congress.
                                 ______
                                 
  SA 2949. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

          TITLE __--FAIR TREATMENT AND DUE PROCESS PROTECTION

   Subtitle A--Access to Translation Services and Language Education 
                                Programs

     SEC. __01. PROVISION OF INTERPRETATION AND TRANSLATION 
                   SERVICES.

       (a) In General.--Section 408(a) (42 U.S.C. 608(a) is 
     amended by adding at the end the following:
       ``(12) Provision of interpretation and translation 
     services.--A State to which a grant is made under section 
     403(a) for a fiscal year shall, with respect to the State 
     program funded under this part and all programs funded with 
     qualified State expenditures (as defined in section 
     409(a)(7)(B)(i)), provide appropriate interpretation and 
     translation services to individuals who lack English 
     proficiency if the number or percentage of persons lacking 
     English proficiency meets the standards established under 
     section 272.4(b) of title 7 of the Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph).''.
       (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended 
     by section 106(d), is amended by adding at the end the 
     following:
       ``(14) Penalty for failure to provide interpretation and 
     translation services.--
       ``(A) In general.--If the Secretary determines that a State 
     to which a grant is made under section 403 in a fiscal year 
     has violated section 408(a)(12) during the fiscal year, the 
     Secretary shall reduce the grant payable to the State under 
     section 403(a)(1) for the immediately succeeding fiscal year 
     by an amount equal to up to 5 percent of the State family 
     assistance grant.
       ``(B) Penalty based on severity of failure.--The Secretary 
     shall impose reductions under subparagraph (A) with respect 
     to a fiscal year based on the degree of noncompliance.''.

     SEC. __02. ASSISTING FAMILIES WITH LIMITED ENGLISH 
                   PROFICIENCY.

       (a) In General.--Section 407(c)(6) (42 U.S.C. 607(c)(6)), 
     as amended by section 109(f), is amended by adding at the end 
     the following:
       ``(G) Individuals with limited english proficiency.--In the 
     case of an adult recipient who lacks English language 
     proficiency, as defined by the State, the State shall--
       ``(i) advise the adult recipient of available programs or 
     activities in the community to address the recipient's 
     education needs;
       ``(ii) if the adult recipient elects to participate in such 
     a program or activity, allow the recipient to participate in 
     such a program or activity; and
       ``(iii) consider an adult recipient who participates in 
     such a program or activity on a satisfactory basis as being 
     engaged in work for purposes of determining monthly 
     participation rates under this section, except that the 
     State--

       ``(I) may elect to require additional hours of 
     participation or activity if necessary to ensure that the 
     recipient is participating in work-related activities for a 
     sufficient number of hours to count as being engaged in work 
     under this section; and
       ``(II) shall attempt to ensure that any additional hours of 
     participation or activity do not unreasonably interfere with 
     the education activity of the recipient.''.

       (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended 
     by section __01(b), is amended by adding at the end the 
     following:
       ``(15) Penalty for failure to provide interpretation and 
     translation services.--
       ``(A) In general.--If the Secretary determines that a State 
     to which a grant is made under section 403 in a fiscal year 
     has violated section 407(c)(2)(E) during the fiscal year, the 
     Secretary shall reduce the grant payable to the State under 
     section 403(a)(1) for the immediately succeeding fiscal year 
     by an amount equal to up to 5 percent of the State family 
     assistance grant.
       ``(B) Penalty based on severity of failure.--The Secretary 
     shall impose reductions under subparagraph (A) with respect 
     to a fiscal year based on the degree of noncompliance.''.

           Subtitle B--Sanctions and Due Process Protections

     SEC. __21. SANCTIONS AND DUE PROCESS PROTECTIONS.

       (a) In General.--Section 408(a) (42 U.S.C. 608(a)), as 
     amended by section __01(a), is amended by adding at the end 
     the following:
       ``(13) Sanction procedures.--
       ``(A) Pre-sanction review process.--Prior to the imposition 
     of a sanction against an individual or family receiving 
     assistance under the State program funded under this part or 
     under a program funded with qualified State expenditures (as 
     defined in section 409(a)(7)(B)(i)) for failure to comply 
     with program requirements, the State shall take the following 
     steps:
       ``(i) Provide or send notice to the individual or family, 
     and, if the recipient's native language is not English, 
     through a culturally competent translation, of the following 
     information:

       ``(I) The specific reason for the proposed sanction.
       ``(II) The amount of the proposed sanction.
       ``(III) The length of time during which the proposed 
     sanction would be in effect.
       ``(IV) The steps required to come into compliance or to 
     show good cause for noncompliance.
       ``(V) That the agency will provide assistance to the 
     individual in determining if good cause for noncompliance 
     exists, or in coming into compliance with program 
     requirements.
       ``(VI) That the individual may appeal the determination to 
     impose a sanction, and the steps that the individual must 
     take to pursue an appeal.

       ``(ii)(I) Ensure that, subject to clause (iii)--

       ``(aa) an individual other than the individual who 
     determined that a sanction be imposed shall review the 
     determination and have the authority to take the actions 
     described in subclause (II); and
       ``(bb) the individual or family against whom the sanction 
     is to be imposed shall be afforded the opportunity to meet 
     with the individual who, as provided for in item (aa), is 
     reviewing the determination with respect to the sanction.

       ``(II) An individual to which this subclause applies may--

       ``(aa) modify the determination to impose a sanction;
       ``(bb) determine that there was good cause for the 
     individual or family's failure to comply;
       ``(cc) recommend modifications to the individual's 
     individual responsibility or employment plan; and
       ``(dd) make such other determinations and take such other 
     actions as may be appropriate under the circumstances.

       ``(iii) The review required under clause (ii) shall include 
     consideration of the following:

       ``(I) To the extent applicable, whether barriers to 
     compliance exist, such as a physical or mental impairment, 
     including mental illness, substance abuse, mental 
     retardation, a learning disability, domestic or sexual 
     violence, limited proficiency in English, limited literacy, 
     homelessness, or the need to care for a child with a 
     disability or health condition, that contributed to the 
     noncompliance of the person.
       ``(II) Whether the individual or family's failure to comply 
     resulted from failure to receive or have access to services 
     previously identified as necessary in an individual 
     responsibility or employment plan.
       ``(III) Whether changes to the individual responsibility or 
     employment plan should be made in order for the individual to 
     comply with program requirements.
       ``(IV) Whether the individual or family has good cause for 
     any noncompliance.
       ``(V) Whether the State's sanction policies have been 
     applied properly.

       ``(B) Sanction follow-up requirements.--If a State imposes 
     a sanction on a family or individual for failing to comply 
     with program requirements, the State shall--
       ``(i) provide or send notice to the individual or family, 
     in language calculated to be understood by the individual or 
     family, and, if the individual's or family's native language 
     is not English, through a culturally competent translation, 
     of the reason for the sanction and the steps the individual 
     or family must take to end the sanction;
       ``(ii) resume the individual's or family's full assistance, 
     services, or benefits provided under this program (provided 
     that the individual or family is otherwise eligible for such 
     assistance, services, or benefits) once the individual who 
     failed to meet program requirements that led to the sanction 
     complies with program requirements for a reasonable period of 
     time, as determined by the State and subject to State 
     discretion to reduce such period;
       ``(iii) if assistance, services, or benefits have not 
     resumed, as of the period that begins on the date that is 60 
     days after the date on which the sanction was imposed, and 
     end on the date that is 120 days after such date, provide 
     notice to the individual or family, in language calculated to 
     be understood by the individual or family, of the steps the 
     individual or family must take to end the sanction, and of 
     the availability of assistance to come into compliance or 
     demonstrate good cause for noncompliance with program 
     requirements.''.
       (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended 
     by section __02(b), is amended by adding at the end the 
     following:
       ``(16) Penalty for failure to follow sanction procedures.--
       ``(A) In general.--If the Secretary determines that a State 
     to which a grant is made under section 403 in a fiscal year 
     has violated section 408(a)(13) during the fiscal year, the 
     Secretary shall reduce the grant payable to the State under 
     section 403(a)(1) for the immediately succeeding fiscal year 
     by an amount equal to up to 5 percent of the State family 
     assistance grant.

[[Page 5723]]

       ``(B) Penalty based on severity of failure.--The Secretary 
     shall impose reductions under subparagraph (A) with respect 
     to a fiscal year based on the degree of noncompliance.''.
       (c) State Plan Requirement To Describe How States Will 
     Notify Applicants and Recipients of Their Rights Under the 
     Program and of Potential Benefits and Services Available 
     Under the Program.--Section 402(a)(1)(B)(ii) (42 U.S.C. 
     602(a)(1)(B)(ii)), as redesignated by section 
     101(a)(1)(B)(ii), is amended by inserting ``, and will notify 
     applicants and recipients of assistance under the program of 
     the rights of individuals under all laws applicable to 
     program activities and of all potential benefits and services 
     available under the program'' before the period.
       (d) Requirement To Provide Notice to Applicants and 
     Recipients of Rights and of Potential Program Benefits and 
     Services, and To Train Program Personnel To Respect Such 
     Rights.--
       (1) In general.--Section 408(a) (42 U.S.C. 608(a)), as 
     amended by subsection (a), is amended by adding at the end 
     the following:
       ``(14) Requirement to provide notice to applicants and 
     recipients of rights and of potential program benefits and 
     services, and to train program personnel to respect such 
     rights.--A State to which a grant is made under section 403 
     shall--
       ``(A) notify each applicant for, and each recipient of, 
     assistance under the State program funded under this part or 
     under a program funded with qualified State expenditures (as 
     defined in section 409(a)(7)(B)(i)) of the rights of 
     applicants and recipients under all laws applicable to the 
     activities of such program (including the right to claim good 
     cause exceptions to program requirements), and shall provide 
     the notice--
       ``(i) to a recipient when the recipient first receives 
     assistance, benefits, or services under the program;
       ``(ii) to all such recipients on a semiannual basis; and
       ``(iii) orally and in writing, in the native language of 
     the recipient and at not higher than a 6th grade level, and, 
     if the recipient's native language is not English, through a 
     culturally competent translation; and
       ``(B) train all program personnel on a regular basis 
     regarding how to carry out the program consistent with such 
     rights.''.
       (2) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended 
     by subsection (b), is amended by adding at the end the 
     following:
       ``(17) Penalty for failure to provide notice to applicants 
     and recipients of rights and of potential program benefits 
     and services, and to train program personnel to respect such 
     rights.--
       ``(A) In general.--If the Secretary determines that a State 
     to which a grant is made under section 403 in a fiscal year 
     has violated section 408(a)(14) during the fiscal year, the 
     Secretary shall reduce the grant payable to the State under 
     section 403(a)(1) for the immediately succeeding fiscal year 
     by an amount equal to up to 5 percent of the State family 
     assistance grant.
       ``(B) Penalty based on severity of failure.--The Secretary 
     shall impose reductions under subparagraph (A) with respect 
     to a fiscal year based on the degree of noncompliance.''.

         Subtitle C--Data Collection and Reporting Requirements

     SEC. __31. DATA COLLECTION AND REPORTING REQUIREMENTS.

       Section 411(a)(1) (42 U.S.C. 611(a)(1)), as amended by 
     section 112(a), is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``(except for information relating to activities carried out 
     under section 403(a)(5))'' and inserting ``, and, in 
     complying with this requirement, shall ensure that such 
     information is reported in a manner that permits analysis of 
     the information by race, ethnicity or national origin, 
     primary language, gender, and educational level, including 
     analysis using a combination of these factors, and that all 
     data, including Federal, State, and local data (whether 
     collected by public or private local agencies or entities 
     that administer or operate the State program funded under 
     this part) is made public and easily accessible'';
       (B) by striking clause (v) and inserting the following:
       ``(v) The employment status, occupation (as defined by the 
     most current Federal Standard Occupational Classification 
     system, as of the date of the collection of the data), and 
     earnings of each employed adult in the family.'';
       (C) in clause (vii), by striking ``and educational level'' 
     and inserting ``, educational level, and primary language'';
       (D) in clause (viii), by striking ``and educational level'' 
     and inserting ``, educational level, and primary language''; 
     and
       (E) in clause (xi), in the matter preceding subclause (I), 
     by inserting ``, including, to the extent such information is 
     available, information on the specific type of job, or 
     education or training program'' before the semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A), the following:
       ``(B) Information regarding applicants.--
       ``(i) In general.--Each eligible State shall collect on a 
     monthly basis, and report to the Secretary on a quarterly 
     basis, disaggregated case record information on the number of 
     individuals who apply for but do not receive assistance under 
     the State program funded under this part, the reason such 
     assistance were not provided, and the overall percentage of 
     applications for assistance that are approved compared to 
     those that are disapproved with respect to such month.
       ``(ii) Requirement.--In complying with clause (i), each 
     eligible State shall ensure that the information required 
     under that clause is reported in a manner that permits 
     analysis of such information by race, ethnicity or national 
     origin, primary language, gender, and educational level, 
     including analysis using a combination of these factors.''.

     SEC. __32. ENHANCEMENT OF UNDERSTANDING OF THE REASONS 
                   INDIVIDUALS LEAVE STATE TANF PROGRAMS.

       (a) Case Closure Reasons.--Section 411(a)(1) (42 U.S.C. 
     611(a)(1)), as amended by section __31, is amended--
       (1) by redesignating subparagraph (C) (as redesignated by 
     such section __31) as subparagraph (D); and
       (2) by inserting after subparagraph (B) (as added by such 
     section __31) the following:
       ``(C) Development of comprehensive list of case closure 
     reasons.--
       ``(i) In general.--The Secretary shall develop, in 
     consultation with States and individuals or organizations 
     with expertise related to the provision of assistance under 
     the State program funded under this part, a comprehensive 
     list of reasons why individuals leave State programs funded 
     under this part. In developing such list, the Secretary shall 
     consider the full range of reasons for case closures, 
     including the following:

       ``(I) Lack of access to specific programs or services, such 
     as child care, transportation, or English as a second 
     language classes for individuals with limited English 
     proficiency.
       ``(II) The medical or health problems of a recipient.

       ``(III) The family responsibilities of a recipient, such as 
     caring for a family member with a disability.
       ``(IV) Changes in eligibility status.
       ``(V) Other administrative reasons.

       ``(ii) Other requirements.--The list required under clause 
     (i) shall be developed with the goal of substantially 
     reducing the number of case closures under the State programs 
     funded under this part for which a reason is not known.
       ``(iii) Public comment.--The Secretary shall promulgate for 
     public comment regulations that--

       ``(I) list the case closure reasons developed under clause 
     (i);
       ``(II) require States, not later than October 1, 2006, to 
     use such reasons in accordance with subparagraph (A)(xvi); 
     and
       ``(III) require States to report on efforts to improve 
     State tracking of reasons for case closures, including the 
     identification of additional reasons for case closures not 
     included on the list developed under clause (i).

       ``(iv) Review and modification.--The Secretary, through 
     consultation and analysis of quarterly State reports 
     submitted under this paragraph, shall review on an annual 
     basis whether the list of case closure reasons developed 
     under clause (i) requires modification and, to the extent the 
     Secretary determines that modification of the list is 
     necessary, shall publish proposed modifications for notice 
     and comment, prior to the modifications taking effect.''.
       (b) Inclusion in Quarterly State Reports.--Section 411 
     (a)(1)(A) (42 U.S.C. 611(a)(1)(A)), as so amended, is 
     amended--
       (1) in clause (xvi)--
       (A) in subclause (IV), by striking ``or'' at the end;
       (B) in subclause (V), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:

       ``(VI) a reason specified in the list developed under 
     subparagraph (C), including any modifications of such 
     list.'';

       (2) by redesignating clauses (xvii) through (xx), as 
     clauses (xviii) through (xxi), respectively; and
       (3) by inserting after clause (xvi), the following:
       ``(xvii) The efforts the State is undertaking, and the 
     progress with respect to such efforts, to improve the 
     tracking of reasons for case closures.''.

     SEC. __33. LONGITUDINAL STUDIES OF TANF APPLICANTS AND 
                   RECIPIENTS.

       (a) In General.--Section 413 (42 U.S.C. 613), as amended by 
     section 101(e) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Longitudinal Studies of Applicants and Recipients To 
     Determine the Factors That Contribute to Positive Employment 
     and Family Outcomes.--
       ``(1) In general.--The Secretary, directly or through 
     grants, contracts, or interagency agreements, shall conduct 
     longitudinal studies in at least 5, and not more than 10, 
     States (or sub-State areas, except that no such area shall be 
     located in a State in which a Statewide study is being 
     conducted under this paragraph) of a representative sample of 
     families that receive, and applicants for, assistance under a 
     State program funded under this part or under a program 
     funded with qualified State expenditures (as defined in 
     section 409(a)(7)(B)(i)).

[[Page 5724]]

       ``(2) Requirements.--The studies conducted under this 
     subsection shall--
       ``(A) follow families that cease to receive assistance, 
     families that receive assistance throughout the study period, 
     and families diverted from assistance programs; and
       ``(B) collect information on--
       ``(i) family and adult demographics (including race, 
     ethnicity or national origin, primary language, gender, 
     barriers to employment, educational status of adults, prior 
     work history, prior history of welfare receipt);
       ``(ii) family income (including earnings, unemployment 
     compensation, and child support);
       ``(iii) receipt of assistance, benefits, or services under 
     other needs-based assistance programs (including the food 
     stamp program, the medicaid program under title XIX, earned 
     income tax credits, housing assistance, and the type and 
     amount of any child care);
       ``(iv) the reasons for leaving or returning to needs-based 
     assistance programs;
       ``(v) work participation status and activities (including 
     the scope and duration of work activities and the types of 
     industries and occupations for which training is provided);
       ``(vi) sanction status (including reasons for sanction);
       ``(vii) time limit for receipt of assistance status 
     (including months remaining with respect to such time limit);
       ``(viii) recipient views regarding program participation; 
     and
       ``(ix) measures of income change, poverty, extreme poverty, 
     food security and use of food pantries and soup kitchens, 
     homelessness and the use of shelters, and other measures of 
     family well-being and hardship over a 5-year period.
       ``(3) Comparability of results.--The Secretary shall, to 
     the extent possible, ensure that the studies conducted under 
     this subsection produce comparable results and information.
       ``(4) Reports.--
       ``(A) Interim reports.--Not later than October 1, 2007, the 
     Secretary shall publish interim findings from at least 12 
     months of longitudinal data collected under the studies 
     conducted under this subsection.
       ``(B) Subsequent reports.--Not later than October 1, 2009, 
     the Secretary shall publish findings from at least 36 months 
     of longitudinal data collected under the studies conducted 
     under this subsection.''.
       (b) Annual Report to Congress.--
       (1) In general.--Section 411(e) (42 U.S.C. 611(e)), as 
     redesignated by section 112(e)(1) and amended by section 
     112(f), is amended--
       (A) in paragraph (2)--
       (i) by inserting ``(including types of sanctions or other 
     grant reductions)'' after ``financial characteristics''; and
       (ii) by inserting ``, disaggregated by race, ethnicity or 
     national origin, primary language, gender, education level, 
     and, with respect to closed cases, the reason the case was 
     closed'' before the semicolon;
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(5) the economic well-being of children and families 
     receiving assistance under the State programs funded under 
     this part and of children and families that have ceased to 
     receive such assistance, using longitudinal matched data 
     gathered from federally supported programs, and including 
     State-by-State data that details the distribution of earnings 
     and stability of employment of such families and (to the 
     extent feasible) describes, with respect to such families, 
     the distribution of income from known sources (including 
     employer-reported wages, assistance under the State program 
     funded under this part, and benefits under the food stamp 
     program), the ratio of such families' income to the poverty 
     line, and the extent to which such families receive or 
     received noncash benefits and child care assistance, 
     disaggregated by race, ethnicity or national origin, primary 
     language, gender, education level, whether the case remains 
     open, and, with respect to closed cases, the reason the case 
     was closed.''.
       (2) Conforming amendments.--Section 411(a) (42 U.S.C. 
     611(a)), as amended by section 112, is amended--
       (A) by redesignating paragraph (7) as paragraph (8); and
       (B) by inserting after paragraph (6), the following:
       ``(7) Report on economic well-being of current and former 
     recipients.--The report required by paragraph (1) for a 
     fiscal quarter shall include for that quarter such 
     information as the Secretary may specify in order for the 
     Secretary to include in the annual reports to Congress 
     required under subsection (b) the information described in 
     paragraph (5) of that subsection.''.

     SEC. __34. PROTECTION OF INDIVIDUAL PRIVACY.

       Section 411 (42 U.S.C. 611), as amended by section 112(e), 
     is amended by adding at the end the following:
       ``(e) Protection of Individual Privacy.--With respect to 
     any information concerning individuals or families receiving 
     assistance, or applying for assistance, under the State 
     programs funded under this part that is publicly disclosed by 
     the Secretary, the Secretary shall ensure that such 
     disclosure is made in a manner that protects the privacy of 
     such individuals and families.''.
                                 ______
                                 
  SA 2950. Mr. BIDEN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

             TITLE __--PREVENTING VIOLENCE AGAINST CHILDREN

      Subtitle A--Enhanced Federal Role in Crimes Against Children

     SEC. __01. ENHANCED PENALTIES.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 2260A. Violence against children

       ``(a) In General.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subsection 
     (b), by force or threat of force willfully injures or 
     attempts to injure any person under 18 years of age--
       ``(1) shall be imprisoned for not more than 10 years and 
     fined in accordance with this title; and
       ``(2) shall be imprisoned for any term of years or for 
     life, and fined in accordance with this title if--
       ``(A) death results from the offense; or
       ``(B) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(b) Circumstances.--For purposes of subsection (a), the 
     circumstances described in this subsection are that--
       ``(1) the conduct described in subsection (a) occurs during 
     the course of, or as the result of, the travel of the 
     defendant or the victim--
       ``(A) across a State line or national border; or
       ``(B) using a channel, facility, or instrumentality of 
     interstate or foreign commerce; or
       ``(2) in connection with the conduct described in 
     subsection (a), the defendant employs a firearm, explosive or 
     incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce.
       ``(c) Penalties.--An offense under this section shall also 
     be subject to the penalties provided in section 1111 of this 
     title (as amended by the PROTECT Act) if the offense is also 
     an offense under that section.''.
       (b) Amendment to Chapter Analysis.--The chapter analysis 
     for chapter 110 of title 18, United States Code, is amended 
     by inserting at the end the following:

``2260A. Violence against children.''.

       (c) Enhanced Penalties for Existing Crimes When Committed 
     Against Children.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this Act and its purposes, the United States Sentencing 
     Commission shall review and amend its guidelines and its 
     policy statements to provide enhanced penalties when the 
     victim of a Federal crime is under the age of 18.
       (d) GAO Review of State Laws.--Not later than 6 months 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) review the statutory penalties for crimes against 
     children under State laws and the sentencing practices of the 
     States with respect to those crimes, including whether a 
     State provides enhanced penalties when the victim of the 
     crime is a child; and
       (2) report the findings of the review to Congress.

     SEC. __02. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS 
                   AND PROSECUTIONS BY STATE AND LOCAL LAW 
                   ENFORCEMENT OFFICIALS.

       (a) In General.--At the request of a State, Indian tribal 
     government, or unit of local government, the Attorney General 
     shall provide technical, forensic, prosecutorial, or any 
     other form of assistance in the criminal investigation or 
     prosecution of any crime that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (3) is committed against a person under 18 years of age.
       (b) Priority.--If the Attorney General determines that 
     there are insufficient resources to fulfill requests made 
     pursuant to subsection (a), the Attorney General shall give 
     priority to requests for assistance to--
       (1) crimes committed by, or believed to be committed by, 
     offenders who have committed crimes in more than 1 State; and
       (2) rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.

[[Page 5725]]



                       Subtitle B--Grant Programs

     SEC. __11. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW 
                   ENFORCEMENT.

       (a) In General.--The Attorney General shall award grants to 
     assist States, Indian tribal governments, and units of local 
     government to develop and strengthen effective law 
     enforcement and prosecution of crimes against children.
       (b) Purposes.--Grants provided under this section shall 
     provide personnel, training, technical assistance, data 
     collection, and other equipment for the more widespread 
     apprehension, prosecution, and adjudication of persons 
     committing crimes against children, and specifically, for the 
     purposes of--
       (1) training law enforcement officers, prosecutors, judges, 
     and other court personnel to more effectively identify and 
     respond to crimes against children;
       (2) developing, training, or expanding units of law 
     enforcement officers, prosecutors, or courts specifically 
     targeting crimes against children;
       (3) developing and implementing more effective police and 
     prosecution policies, protocols, orders, and services 
     specifically devoted to preventing, identifying, and 
     responding to crimes against children;
       (4) developing, installing, or expanding data collection 
     and communication systems, including computerized systems, 
     linking police, prosecutors, and courts for the purpose of 
     identifying and tracking arrests, prosecutions, and 
     convictions for crimes against children;
       (5) encouraging, developing, and strengthening programs, 
     procedures, and policies that enhance cross-collaboration and 
     cross-communication between law enforcement and child 
     services agencies regarding the care, treatment, and services 
     for child victims; and
       (6) developing, enlarging, or strengthening programs 
     addressing the needs and circumstances of Indian tribes in 
     dealing with crimes against children.
       (c) Application.--
       (1) In general.--Each State, Indian tribal government, or 
     unit of local government that desires a grant under this 
     section shall submit an application to the Attorney General 
     at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (2) Requirements.--A State, Indian tribal government, or 
     unit of local government applying for a grant under this 
     section shall--
       (A) describe--
       (i) the purposes for which the grant is needed;
       (ii) the intended use of the grant funds; and
       (iii) the expected results from the use of grant funds;
       (B) demonstrate that, in developing a plan to implement the 
     grant, the State, Indian tribal government, or unit of local 
     government has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of crimes against children; 
     and
       (C) certify that--
       (i) any Federal funds received under this section will be 
     used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for activities funded under this 
     section; and
       (ii) the State, the Indian tribal government, or the State 
     in which the unit of local government is located is in 
     compliance with sections __21 and __22.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of the fiscal years 2004 through 2008.

     SEC. __12. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE 
                   GRANTS.

       (a) In General.--The Attorney General shall award grants to 
     assist States, Indian tribal governments, units of local 
     government, and nongovernmental organizations to provide 
     education, prevention, intervention, and victims' assistance 
     services regarding crimes against children.
       (b) Purposes.--Grants provided under this section shall be 
     used to provide education, prevention, and intervention 
     services to prevent crimes against children and to provide 
     assistance to children, and the families of children, who are 
     victims of crime, including--
       (1) educational seminars;
       (2) the operation of hotlines;
       (3) training programs for professionals;
       (4) the preparation of informational materials;
       (5) intervention services to prevent crimes against 
     children;
       (6) other efforts to increase awareness of the facts about, 
     or to help prevent, crimes against children, including 
     efforts to increase awareness in underserved racial, ethnic, 
     and language minority communities;
       (7) emergency medical treatment for victims;
       (8) counseling to victims of crimes against children and 
     their families; and
       (9) increasing the supply of mental health professionals 
     specializing in the mental health of victims of crimes 
     against children.
       (c) Application.--
       (1) In general.--Each State, Indian tribal government, unit 
     of local government, or nongovernmental organization that 
     desires a grant under this section shall submit an 
     application to the Attorney General at such time, in such 
     manner, and accompanied by or containing such information as 
     the Attorney General shall reasonably require.
       (2) Requirements.--A State, Indian tribal government, unit 
     of local government, or nongovernmental organization applying 
     for a grant under this section shall--
       (A) describe--
       (i) the purposes for which the grant is needed;
       (ii) the intended use of the grant funds; and
       (iii) the expected results from the use of grant funds;
       (B) demonstrate that, in developing a plan to implement the 
     grant--
       (i) in the case of a State, Indian tribal government, or 
     unit of local government, that the State, Indian tribal 
     government, or unit of local government has consulted and 
     coordinated with nonprofit, nongovernmental victim services 
     programs that have experience in providing services to 
     victims of crimes against children; and
       (ii) in the case of a nongovernmental organization, that 
     the nongovernmental organization has experience in providing 
     education, prevention, or intervention services regarding 
     crimes against children or has experience in providing 
     services to victims of crimes against children; and
       (C) certify that--
       (i) any Federal funds received under this section will be 
     used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for activities funded under this 
     section, provided that the Attorney General may waive such 
     requirement for nongovernmental organizations in 
     extraordinary circumstances; and
       (ii) the State, the Indian tribal government, the State in 
     which the unit of local government is located, or the State 
     in which the nongovernmental organization will operate the 
     activities funded under this section is located, is in 
     compliance with section __23.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of the fiscal years 2004 through 2008.

                    Subtitle C--Nationwide Programs

     SEC. __21. NATIONWIDE AMBER ALERT.

       Not later than 3 years after the date of enactment of this 
     Act, each State receiving grants pursuant to section __11 
     shall have in place a statewide AMBER Alert communications 
     network for child abduction cases.

     SEC. __22. IMPROVED STATISTICAL GATHERING.

       Each State receiving grants pursuant to section __11 shall 
     use, or shall be in the process of testing or developing 
     protocols to use, the National Incident-Based Reporting 
     System.

     SEC. __23. NATIONAL SAFE HAVEN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, each State receiving grants pursuant 
     to section __12 shall have in effect a statute that--
       (1) permits a parent to leave a newborn baby with a 
     medically-trained employee of a hospital emergency room 
     anonymously without any criminal or other penalty;
       (2) includes a mechanism to encourage and permit a hospital 
     employee in the receiving hospital to collect information 
     about the medical history of the family subject to the 
     approval of the parent;
       (3) requires law enforcement entities in the State, 
     immediately after relinquishment of a child under paragraph 
     (1), to search State and Federal missing person databases to 
     ensure that the child has not been reported missing; and
       (4) includes a plan for publicizing the State's Safe Haven 
     law.
       (b) Exception.--Notwithstanding subsection (a)(1), a State 
     statute in effect pursuant to this section may deny a parent 
     the ability to leave a newborn baby anonymously without any 
     criminal or other penalty if the newborn baby shows signs of 
     abuse or appears to have been intentionally harmed.

     SEC. __24. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.

       (a) Report by States.--Not later than 180 days after the 
     date of enactment of this Act, each State receiving an 
     allotment for child welfare services under subpart 1 of part 
     B of title IV of the Social Security Act (42 U.S.C. 620 et 
     seq.) shall submit to the Secretary of Health and Human 
     Services a report detailing the State's program funded under 
     that subpart, including the process for maintaining records 
     and verifying the well-being of the children under the 
     State's care.
       (b) GAO Study.--Not later than 180 days after the date of 
     enactment of this Act, the General Accounting Office shall 
     report to Congress on State practices and policies under the 
     child welfare program funded under subpart 1 of part B of 
     title IV of the Social Security Act (42 U.S.C. 620 et seq.). 
     The report shall include the following:
       (1) How States are maintaining records and verifying the 
     well-being of the children under their care, including how 
     well States are keeping track of where those children are.
       (2) Whether and how the review system being undertaken by 
     the Secretary of Health and Human Services is helping States 
     to reform their child welfare system.
       (3) The best practices being implemented by the States.

[[Page 5726]]

       (4) Recommendations for legislative changes by Congress.
                                 ______
                                 
  SA 2951. Mr. SMITH (for himself, and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill insert the following:

            Title __--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Local Law Enforcement 
     Enhancement Act of 2004''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, or disability of the victim poses a 
     serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the family and friends of the victim, but 
     frequently savages the community sharing the traits that 
     caused the victim to be selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (12) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (13) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States and local 
     jurisdictions.

     SEC. __03. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. __04. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (C) is motivated by prejudice based on the race, color, 
     religion, national origin, gender, sexual orientation, or 
     disability of the victim, or is a violation of the hate crime 
     laws of the State or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes.
       (2) Office of justice programs.--In implementing the grant 
     program, the Office of Justice Programs shall work closely 
     with the funded jurisdictions to ensure that the concerns and 
     needs of all affected parties, including community groups and 
     schools, colleges, and universities, are addressed through 
     the local infrastructure developed under the grants.
       (3)  Application.--
       (A) In general.--Each State that desires a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (4) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (5) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (6) Report.--Not later than December 31, 2005, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2005 and 2006.

     SEC. __05. GRANT PROGRAM.

       (a) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. __06. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 2005, 2006, and 
     2007 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 249 of title 18, United States Code, as added by 
     section __07.

     SEC. __07. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--

[[Page 5727]]

       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or

       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. __08. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to the authority provided under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall study the issue of adult recruitment of juveniles to 
     commit hate crimes and shall, if appropriate, amend the 
     Federal sentencing guidelines to provide sentencing 
     enhancements (in addition to the sentencing enhancement 
     provided for the use of a minor during the commission of an 
     offense) for adult defendants who recruit juveniles to assist 
     in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. __09. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender,'' after ``race,''.

     SEC. __10. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.
                                 ______
                                 
  SA 2952. Mr. BAUCUS (for himself, Mr. Chafee, Mr. Bingaman, and Mr. 
Corzine) submitted an amendment intended to be proposed by him to the 
bill H.R. 4, to reauthorize and improve the program of block grants to 
States for temporary assistance for needy families, improve access to 
quality child care, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 297, strike lines 13 through 15, and insert the 
     following:
       (d) State Flexibility.--Section 510(b) (42 U.S.C. 710(b)) 
     is amended--
       (1) in paragraph (1), by striking ``and at the option of 
     the State, where appropriate,'' and inserting ``as defined in 
     subparagraph (A) or (B) of paragraph (2), at the option of 
     the State, and,''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``an'' and inserting ``a medically and scientifically 
     accurate'';
       (B) by redesignating subparagraphs (A) through (H) as 
     clauses (i) through (viii) respectively and realigning the 
     left margins of such clauses accordingly;
       (C) by inserting ``(A)'' after ``(2)'';
       (D) in clause (viii) of subparagraph (A) (as redesignated 
     by subparagraph (B) and amended by subparagraph (C)), by 
     striking the period at the end and inserting ``; or''; and
       (E) by adding at the end the following:
       ``(B) promotes abstinence and educates those who are 
     currently sexually active or at risk of sexual activity about 
     additional methods to reduce unintended pregnancy or other 
     health risks.''.
       (e) Comparative Evaluation of Abstinence Education 
     Programs.--
       (1) Study.--The Secretary of Health and Human Services 
     shall, in consultation with an advisory panel of researchers 
     identified by the Board on Children, Youth, and Families of 
     the National Academy of Sciences, conduct an experimental 
     study directly or through contract or interagency agreement, 
     which assesses the relative efficacy of 2 approaches to 
     abstinence education for adolescents. The study shall--
       (A) be designed to enable a comparison of the efficacy of 
     an abstinence program which precludes education about 
     contraception with a similar abstinence program which 
     includes education about contraception and means of 
     preventing the transmission of HIV and sexually-transmitted 
     diseases; and
       (B) measure key outcomes, including behaviors that put 
     teens at risk for unintended pregnancy and childbearing and 
     for HIV and other sexually transmitted diseases, such as 
     sexual activity, contraceptive use, condom use and patterns 
     of sexual relationships.
       (2) Report.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary of Health and 
     Human Services shall submit a report to Congress that 
     contains the results of the study conducted under paragraph 
     (1).
       (3) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subsection, $5,000,000 
     for the period of fiscal years 2005 through 2009.
       (f) Effective Date.--The amendments made by this section 
     shall be effective with respect to the program under section 
     510 for fiscal years 2005 and succeeding fiscal years.
                                 ______
                                 
  SA 2953. Mr. BAUCUS (for himself, Mr. Corzine Mrs. Clinton, Mr. 
Kennedy, and Mr. Durbin) submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 253, between lines 6 and 7, insert the following:
       (d) At Home Infant Care.--Section 413 (42 U.S.C. 613), as 
     amended by subsection (a), is further amended by adding at 
     the end the following:
       ``(m) Demonstration Projects for At Home Infant Care.--
       ``(1) Authority to award grants.--
       ``(A) In general.--The Secretary shall award grants to not 
     less than 5 and not more than 10 States to enable such States 
     to carry out demonstration projects to provide at-home infant 
     care benefits to eligible low-income families.
       ``(B) Indian tribes.--An Indian tribe may submit an 
     application for a grant under this

[[Page 5728]]

     subsection. If awarded a grant, the Indian tribe shall 
     conduct a demonstration project to provide at-home infant 
     care benefits to eligible low-income families in the same 
     manner, and to the same extent as a State, except that the 
     Secretary may modify the requirements of this subsection as 
     appropriate with respect to the Indian tribe. For purposes of 
     subparagraph (A), any grant awarded to an Indian tribe shall 
     not count toward the number of grants awarded to States.
       ``(2) Family eligibility.--
       ``(A) In general.--To be eligible to participate in a 
     program of at-home infant care under a demonstration project 
     established under paragraph (1), a family shall--
       ``(i) have an income that does not exceed the limits 
     specified in section 658P(3)(B) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858n(3)(B));
       ``(ii) include a child under the age of 2;
       ``(iii) include a parent (as defined in section 658P(8) of 
     the Child Care and Development Block Grant Act of 1990 (42 
     U.S.C. 9858n(8))), who meets the State's requirements for 
     having had a recent work history prior to application for at-
     home infant care benefits; and
       ``(iv) meet such other eligibility requirements as the 
     State may establish.
       ``(B) 2-parent families.--A State selected to participate 
     in a demonstration project of at-home infant care under this 
     section shall permit 2-parent families to participate in the 
     project but may not limit participation in the project to 
     such families.
       ``(3) Amount of assistance.--The amount of at-home infant 
     care benefits provided to an eligible family under this 
     subsection for a month of benefit receipt shall not exceed 
     the payment rate applicable to eligible child care providers 
     for infant care under the State's payment rate schedule, 
     according to the provisions of section 658E(c)(4)(A) of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(4)(A)).
       ``(4) Submission of applications.--An eligible low-income 
     parent may submit an application for at-home infant care 
     benefits under a demonstration project established under this 
     subsection at any time prior to the date on which the child 
     attains age 2.
       ``(5) Required certifications.--A State selected to 
     participate in a demonstration project of at-home infant care 
     under this section shall provide certifications to the 
     Secretary that--
       ``(A) during the period of the demonstration project, the 
     State shall not reduce expenditures for child care services 
     below the levels in effect in the fiscal year preceding the 
     fiscal year in which the State begins to participate in the 
     project;
       ``(B) the State, in operating the demonstration project, 
     shall not give priority or preference to parents seeking to 
     participate in the program of At-Home Infant Care over other 
     eligible parents on a waiting list for child care assistance 
     in the State;
       ``(C) the State shall--
       ``(i) provide parents applying to receive at-home infant 
     care benefits with information on the range of options for 
     child care available to the parents;
       ``(ii) ensure that approved applicants for at-home infant 
     care are permitted to choose between receipt of at-home 
     infant care benefits and receipt of a certificate that may be 
     used with an eligible child care provider for child care 
     needed for employment; and
       ``(iii) provide that a family receiving an at-home infant 
     care benefit may exchange the benefit for a child care 
     voucher for employment at any time during the family's 
     participation in the program;
       ``(D) the State shall develop or update and implement a 
     plan to improve the quality of infant care, and shall use up 
     to 10 percent of the funds received under the demonstration 
     project for efforts to improve the quality of infant care in 
     the State;
       ``(E) the State shall ensure that voluntary employment 
     services are offered to program participants after the 
     completion of participation in the program to assist the 
     participants in returning to unsubsidized employment; and
       ``(F) the State shall cooperate with information collection 
     and evaluation activity conducted by the Secretary.
       ``(6) TANF assistance.--The receipt of an at-home infant 
     care benefit funded under this subsection shall not be 
     considered assistance under the State program funded under 
     this part for any purpose.
       ``(7) Benefit not treated as income.--Notwithstanding any 
     other provision of law, the value of an at-home infant care 
     benefit funded under this subsection shall not be treated as 
     income for purposes of any Federal or federally-assisted 
     program that bases eligibility, or the amount of benefits or 
     services provided, on need.
       ``(8) Application for participation and selection of 
     states.--
       ``(A) Applications.--Not later than 90 days after the date 
     of enactment of the Personal Responsibility and Individual 
     Development for Everyone Act, the Secretary shall publish a 
     notice of opportunity to participate, specifying the contents 
     of an application for participation in the At-Home Infant 
     Care demonstration project funded under this subsection. The 
     notice shall include a timeframe for States to submit an 
     application to participate, and shall provide that all such 
     applications are to be submitted not later than 270 days 
     after such date of enactment.
       ``(B) Selection.--
       ``(i) In general.--The Secretary shall review the 
     applications and select the participating States not later 
     than 1 year after such date of enactment.
       ``(ii) Criteria.--In selecting States to participate in the 
     demonstration project funded under this subsection, the 
     Secretary shall--

       ``(I) seek to ensure geographic diversity; and
       ``(II) give priority to States--

       ``(aa) whose applications demonstrate a strong commitment 
     to improving the quality of infant care and the choice 
     available to parents of infants;
       ``(bb) with experience relevant to the operation of at-home 
     infant care programs; and
       ``(cc) in which there are demonstrable shortages of infant 
     care.
       ``(9) Evaluation and report to congress.--
       ``(A) In general.--The Secretary shall conduct an 
     evaluation of the demonstration projects conducted under this 
     subsection and submit a report to Congress on such evaluation 
     not later than 4 years after the date of enactment of the 
     Personal Responsibility and Individual Development for 
     Everyone Act.
       ``(B) Requirements.--The evaluation required under this 
     paragraph shall expressly address the following:
       ``(i) Implementation experiences of the States 
     participating in the project in developing and operating 
     programs of at-home infant care, including design issues and 
     issues in coordinating at-home infant care benefits with 
     benefits provided or funded under the Child Care and 
     Development Block Grant in the State.
       ``(ii) The characteristics of families seeking to 
     participate and participating in the programs of at-home 
     infant care funded under this subsection.
       ``(iii) The length of participation by families in such 
     programs and the reasons for the families ceasing to 
     participate in the programs.
       ``(iv) The prior and subsequent employment of participating 
     families and the effect of program participation on 
     subsequent employment participation of the families.
       ``(v) The costs and benefits of the programs of at-home 
     infant care.
       ``(vi) The effectiveness of State or tribal efforts to 
     improve the quality of infant care during the period in which 
     the demonstration project is conducted in the State.
       ``(C) Reservation of funds.--Of the amount appropriated 
     under paragraph (10) for a fiscal year, $750,000 shall be 
     reserved with respect to each such fiscal year for purposes 
     of conducting the evaluation required under this paragraph.
       ``(10) Appropriations.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there is 
     appropriated to carry out this subsection, $30,000,000 for 
     each of fiscal years 2005 through 2009.''.
                                 ______
                                 
  SA 2954. Mr. ALEXANDER (for Mr. McCain (for himself, Mr. Hollings, 
Ms. Snowe, and Mr. Kerry)) proposed an amendment to the bill H.R. 2443, 
to authorize appropriations for the Coast Guard for fiscal year 2004, 
to amend various laws administered by the Coast Guard, and for other 
purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 2004''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         Title I--Authorization

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized Levels of military strength and training.

  Title II--Coast Guard Personnel, Financial, and Property Management

Sec. 201. Enlisted member critical skill training bonus.
Sec. 202. Amend limits to the number and distribution of officers.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by auxiliary units and dedicated solely for 
              auxiliary use.
Sec. 205. Coast Guard auxiliary units as instrumentalities of the 
              United States for taxation purposes.
Sec. 206. Maximum age for retention in an active status.
Sec. 207. Term of enlistments.
Sec. 208. Requirement for constructive credit.
Sec. 209. Nonappropriated fund instrumentalities.
Sec. 210. Travel card management.
Sec. 211. Use of military child development. centers and other 
              programs.

Title III--Law Enforcement, Marine Safety, and Environmental Protection

Sec. 301. Marking of underwater wrecks.
Sec. 302. Prohibition on operation of certain electronic devices; ports 
              and waterways partnerships and cooperative ventures.
Sec. 303. Reports from charterers.

[[Page 5729]]

Sec. 304. Revision of temporary suspension criteria in suspension and 
              revocation cases.
Sec. 305. Revision of bases for suspension and revocation cases.
Sec. 306. Removal of mandatory revocation for proved drug convictions 
              in suspension and revocation cases.
Sec. 307. Records of merchant mariner's documents.
Sec. 308. Exemption of unmanned barges from certain citizenship 
              requirements.
Sec. 309. Increase in civil penalties for violations of certain bridge 
              statutes.
Sec. 310. Civil penalties for failure to comply with recreational 
              vessel and associated equipment safety standards.
Sec. 311. Correction to definition of Federal law enforcement agencies 
              in the enhanced border security and visa entry reform act 
              of 2002.
Sec. 312. Stopping vessels; immunity for firing at or into vessel.
Sec. 313. Use of unexpended funds for bridge alterations under Truman-
              Hobbs Act.
Sec. 314. Inland navigation rules promulgation authority.
Sec. 315. Prevention of departure.
Sec. 316. Compliance with international safety management code.
Sec. 317. Amendments to vessel response plan requirements.
Sec. 318. Requirements for tank level and pressure monitoring devices.
Sec. 319. Report on implementation of the oil pollution act.
Sec. 320. Loans for fishermen impacted by oil spills.
Sec. 321. Fisheries enforcement plans and reporting.
Sec. 322. Deepwater report.
Sec. 323. Small passenger vessel safety.
Sec. 324. Electronic navigational charting.
Sec. 325. Measures for the protection of north atlantic right whales 
              from ship strikes.
Sec. 326. Foreign vessel security plans.

                        Title IV--Miscellaneous

Sec. 401. Conveyance of lighthouses.
Sec. 402. LORAN-C.
Sec. 403. Conveyance of decommissioned Coast Guard cutters.
Sec. 404. Koss Cove.
Sec. 405. Declaration of non-navigability for portion of the Wateree 
              river.
Sec. 406. Correction of 2002 coastwise trade authorization provision.
Sec. 407. Innovative construction alternatives.
Sec. 408. Bridge administration.
Sec. 409. National Coast Guard Museum.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2004.--There are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 2004 the following amounts:
       (1) For the operation and maintenance of the Coast Guard, 
     $4,913,000,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Find, of which--
       (A) $70,000,000 shall be available to analyze port security 
     plans prepared in compliance with chapter 701 of title 46, 
     United States Code;
       (B) $100,000,000 shall be available for increased operating 
     expenses due to heightened security efforts; and
       (C) $36,000,000 may be available for use in commissioning 3 
     additional Marine Safety and Security Teams.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,017,000,000 (of which $20,000,000 shall 
     be derived from the Oil Spill Liability Trust Fund to carry 
     out the purposes of section 1012(a)(5) of the Oil Pollution 
     Act of 1990), to remain available until expended, of which
       (A) $702,000,000 shall be available for the Coast Guard's 
     integrated deepwater system;
       (B) $134,000,000 shall be available for the Coast Guard's 
     ``Rescue 21'' program; and
       (C) $40,000,000 shall be available for the Automatic 
     Identification System.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $22,000,000, to remain available until 
     expended, of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay, (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,020,000,000, 
     to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $17,000,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program--
       (A) $16,000,000, to remain available until expended; and
       (B) $2,500,000, to remain available until expended, which 
     may be utilized for construction of a new Chelsea Street 
     Bridge over the Chelsea River in Boston, Massachusetts.
       (7) For reserve training, $95,000,000.
       (b) Fiscal Year 2005.--There are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 2005 the following amounts.
       (1) For the operation and maintenance of the Coast Guard, 
     $5,404,300,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,068,000,000 (of which $20,000,000 shall 
     be derived from the Oil Spill Liability Trust Fund to carry 
     out the purposes of section 1012(a)(5) of the Oil Pollution 
     Act of 1990), to remain available until expended, of which--
       (A) $708,000,000 shall be available for the Coast Guard's 
     Integrated Deepwater System; and
       (B) $161,000,000 shall be available for the Coast Guard's 
     Rescue 21 program.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $24,200,000, to remain available until 
     expended, of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,122,000,000, 
     to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $18,700,000, to remain 
     available until expended.
       (G) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program--
       (A) $17,850,000, to remain available until expended; and
       (B) $2,500,000, to remain available until expended, which 
     may be utilized for construction of a new Chelsea Street 
     Bridge over the Chelsea River in Boston, Massachusetts.
       (7) For reserve training $104,500,000.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) End-of-Year Strength for Fiscal Year 2004.--The Coast 
     Guard is authorized an end-of-year strength of active duty 
     personnel of 45,500 as of September 30, 2004.
       (b) Training Student Loads for Fiscal Year 2004.--For 
     fiscal year 2004, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 2,500 student years.
       (2) For flight training, 125 student years.
       (3) For professional training in military and civilian 
     institutions, 350 student years.
       (4) For officer acquisition, 1,200 student years.

  TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

     SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 374. Critical skill training bonus

       ``(a) The Secretary may provide a bonus, not to exceed 
     $20,000, to enlisted members who complete training in a skill 
     designated as critical, provided at least four years of 
     obligated active service remain on the member's enlistment at 
     the time the training is completed. A bonus under this 
     section may be paid in a single lump sum or in periodic 
     installments.
       ``(b) If an enlisted member voluntarily or because of 
     misconduct does not complete his or her term of obligated 
     active service, the Secretary may require the member to repay 
     the United States, on a pro rata basis, all sums paid under 
     this section. The Secretary shall charge interest on the 
     reimbursed amount at a rate, to be determined quarterly, 
     equal to 150 percent of the average of the yields on the 91-
     day Treasury bills auctioned during the preceding calendar 
     quarter.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     11 of title 14, United

[[Page 5730]]

     States Code, is amended by inserting after the item relating 
     to section 373 the following:

``374. Critical skill training bonus.''.

     SEC. 202. AMEND LIMITS TO THE NUMBER OF COMMANDERS AND 
                   LIEUTENANT COMMANDERS.

       Section 42 of title 14, United States Code, is amended--
       (1) by striking ``The'' in subsection (a) and inserting 
     ``Except in time of war or national emergency declared by 
     Congress or the President, the'',
       (2) by striking ``6,200.'' in subsection (a) and inserting 
     ``7,100. In time of war or national emergency, the Secretary 
     shall establish the total number of commissioned officers, 
     excluding commissioned warrant officers, on active duty in 
     the Coast Guard.''; and
       (3) by striking ``commander 12.0; lieutenant commander 
     18.0.'' in subsection (b) and inserting ``commander 15.0; 
     lieutenant commander 22.0.''.

     SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.

       (a) Definitions.--Section 680 of title 14, United States 
     Code, is amended by adding at the end the following:
       ``(5) The term `eligible entity' means any private person, 
     corporation, firm, partnership, company, State or local 
     government, or housing authority of a State or local 
     government.''.
       (b) Direct Loans and Loan Guarantees.--Section 682 of title 
     14, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 682. Direct loans and loan guarantees'';

       (2) by redesignating subsections (a) and (b) as subsections 
     (b) and (c), respectively;
       (3) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) Direct Loans.--
       ``(1) Subject to subsection (c), the Secretary may make 
     direct loans to an eligible entity in order to provide funds 
     to the eligible entity for the acquisition or construction of 
     housing units that the Secretary determines are suitable for 
     use as military family housing or as military unaccompanied 
     housing.
       ``(2) The Secretary shall establish such terms and 
     conditions with respect to loans made under this subsection 
     as the Secretary considers appropriate to protect the 
     interests of the United States, including the period and 
     frequency for repayment of such loans and the obligations of 
     the obligors on such loans upon default.'';
       (4) by striking ``subsection (b),'' in subsection (b), as 
     redesignated, and inserting ``subsection (c),''; and
       (5) by striking the subsection heading for subsection (c), 
     as redesignated, and inserting ``(c) Direct Loans and Loan 
     Guarantees.--''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     17 of title 14, United States Code, is amended by striking 
     the item related to section 682 and inserting the following:

``682. Direct loans and loan guarantees.''.

     SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED 
                   SOLELY FOR AUXILIARY USE.

       Section 821 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(d) Subject to the approval of the Commandant:
       ``(1) The Coast Guard Auxiliary and each organizational 
     element and unit (whether or not incorporated), shall have 
     the power to acquire, own, hold, lease, encumber, mortgage, 
     transfer, and dispose of personal property for the purposes 
     set forth in section 822. Personal property owned by the 
     Auxiliary or an Auxiliary unit, or any element thereof, 
     whether or not incorporated, shall at all times be deemed to 
     be property of the United States for the purposes of the 
     statutes described in paragraphs (1) through (6) of 
     subsection (b) while such property is being used by or made 
     exclusively available to the Auxiliary as provided in section 
     822.
       ``(2) Personal property owned by the Auxiliary or an 
     Auxiliary unit or any element or unit thereof, shall not be 
     considered property of the United States for any other 
     purpose or under any other provision of law except as 
     provided in sections 821 through 832 and section 641 of this 
     title. The necessary expenses of operation, maintenance and 
     repair or replacement of such property may be reimbursed 
     using appropriated funds.
       ``(3) For purposes of this subsection, personal property 
     includes, but is not limited to, motor boats, yachts, 
     aircraft, radio stations, motorized vehicles, trailers, or 
     other equipment.''.

     SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF 
                   THE UNITED STATES FOR TAXATION PURPOSES.

       Section 821(a) of title 14, United States Code, is amended 
     by inserting ``The Auxiliary and each organizational element 
     and unit shall be deemed to be instrumentalities and 
     political subdivisions of the United States for taxation 
     purposes and for those exemptions as provided under section 
     107 of title 4.'' after the second sentence.

     SEC. 206. MAXIMUM AGE FOR RETENTION IN AN ACTIVE STATUS.

       Section 742 of title 14, United States Code, is amended--
       (1) by striking ``sixty-two years of age.'' in subsection 
     (a) and inserting ``sixty years of age unless on active duty, 
     other than for training, duty on a board, or duty of a 
     limited or temporary nature if assigned to active duty from 
     an inactive duty status.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively, and inserting after subsection (a) 
     the following:
       ``(b) A Reserve officer on active duty, other than for 
     training, duty on a board, or duty of a limited or temporary 
     nature if assigned to active duty from an inactive duty 
     status, shall, if qualified, be retired effective upon the 
     day the officer becomes sixty-two years of age. If not 
     qualified for retirement, a Reserve officer on active duty, 
     other than for training, duty on a board, or duty of a 
     limited or temporary nature if assigned to active duty from 
     an inactive duty status, shall be discharged effective upon 
     the day the officer becomes sixty-two years of age.'';
       (3) by striking ``sixty-four'' in subsection (c), as 
     redesignated, and inserting ``sixty'';
       (4) by striking ``subsections (a) and (b),'' in subsection 
     (d), as redesignated, and inserting ``subsections (a), (b), 
     and (c),''; and
       (5) by striking ``sixty-two'' in subsection (d), as 
     redesignated, and inserting ``sixty''.

     SEC. 207. TERM OF ENLISTMENTS.

       Section 351(a) of title 14, United States Code, is amended 
     by striking ``terms of full years not exceeding six years.'' 
     and inserting ``a period of at least 2 years but not more 
     than 6 years.''.

     SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.

       The second sentence of section 727 of title 14, United 
     States Code, is amended by striking ``three years'' and 
     inserting ``1 year's''.

     SEC. 209. NONAPPROPRIATED FUND INSTRUMENTALITIES.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 152. Nonappropriated fund instrumentalities; contracts 
       with other agencies and instrumentalities to provide or 
       obtain goods and services

       ``The Coast Guard Exchange System, or a morale, welfare, 
     and recreation system of the Coast Guard, may enter into a 
     contract or other agreement with any element or 
     instrumentality of the Coast Guard or with another Federal 
     department, agency, or instrumentality thereof to provide or 
     obtain goods and services beneficial to the efficient 
     management and operation of the exchange system or that 
     morale, welfare, and recreation system.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     7 of title 14, United States Code, is amended by inserting 
     after the item relating to section 151 the following:

``152. Nonappropriated fund instrumentalities; contracts with other 
              agencies and instrumentalities to provide or obtain goods 
              and services''.

     SEC. 210. TRAVEL CARD MANAGEMENT.

       (a) In General.--Chapter 13 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``517. Travel card management

       ``(a) In General.--The Secretary may require that travel or 
     transportation allowances due a civilian employee or military 
     member of the Coast Guard be disbursed directly to the issuer 
     of a Federal contractor- issued travel charge card, but only 
     in an amount not to exceed the authorized travel expenses 
     charged by that Coast Guard member to that travel charge card 
     issued to that employee or member.
       ``(b) Withholding of Nondisputed Obligations.--The 
     Secretary may also establish requirements similar to those 
     established by the Secretary of Defense pursuant to section 
     2784a of title 10 for deduction or withholding of pay or 
     retired pay from a Coast Guard employee, member, or retired 
     member who is delinquent in payment under the terms of the 
     contract under which the card was issued and does not dispute 
     the amount of the delinquency.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     13 of title 14, United States Code, is amended by inserting 
     after the item relating to section 516 the following:

``517. Travel card management''.

     SEC. 211. USE OF MILITARY CHILD DEVELOPMENT CENTERS AND OTHER 
                   PROGRAMS.

       The Secretary of Defense and the Secretary of the 
     department in which the Coast Guard is operating, when 
     operating other than as a service in the Navy, may agree to 
     provide child care services to members of the armed forces 
     with or without reimbursement in military child development 
     centers and other programs supported in whole or in part with 
     appropriated funds. For purposes of military child 
     development centers and other programs operated under the 
     authority of subchapter II of chapter 88 of title 10, United 
     States Code, the child of a Coast Guard member shall be 
     considered the same as the child of a member of any of the 
     other armed forces.

[[Page 5731]]



TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION

     SEC. 301. MARKING OF UNDERWATER WRECKS.

       Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 
     U.S.C. 409) is amended--
       (1) by striking ``day and a lighted lantern'' in the second 
     sentence inserting ``day and, unless otherwise granted a 
     waiver by the Commandant of the Coast Guard, a light''; and
       (2) by adding at the end ``The Commandant of the Coast 
     Guard may waive the requirement to mark a wrecked vessel, 
     raft, or other craft with a light at night if the Commandant 
     determines that placing a light would be impractical and 
     granting such a waiver would not create an undue hazard to 
     navigation.''.

     SEC. 302. PROHIBITION ON OPERATION OF CERTAIN ELECTRONIC 
                   DEVICES; PORTS AND WATERWAYS PARTNERSHIPS AND 
                   COOPERATIVE VENTURES.

       Section 4 of the Ports and Waterways Safety Act (33 U.S.C. 
     1223), is amended--
       (1) by striking ``and'' after the semicolon in subsection 
     (a) (4)(D);
       (2) by striking ``environment.'' in subsection (a)(5) and 
     inserting ``environment;'';
       (3) by adding at the end of subsection (a) the following:
       ``(6) may prohibit the use of electronic or other devices 
     that interfere with communications and navigation equipment;
       ``(7) may carry out the functions under paragraph (1) of 
     this subsection, at the Secretary's discretion and on such 
     terms and conditions as the Secretary deems appropriate, 
     either solely, or in cooperation with a public or private 
     agency, authority, association, institution, corporation, 
     organization or person, except that a non-governmental entity 
     may not carry out an inherently governmental function; and
       ``(8) may, for the purpose of carrying out the Secretary's 
     functions under paragraph (1) of this subsection, convey or 
     lease real property under the administrative control of the 
     Coast Guard to public or private agencies, authorities, 
     associations, institutions, corporations, organizations, or 
     persons for such consideration and upon such terms and 
     conditions as the Secretary considers appropriate, except 
     that the term of any such lease shall not exceed 20 years.''; 
     and
       (4) by adding at the end the following:
       ``(e) Special Provisions Relating to Subsection (a)(7) and 
     (8).--
       ``(1) Definition of inherently governmental function.--For 
     purposes of subsection (a)(7), the term `inherently 
     governmental function' means any activity that is so 
     intimately related to the public interest as to mandate 
     performance by an officer or employee of the Federal 
     Government, including an activity that requires either the 
     exercise of discretion in applying the authority of the 
     Government or the use of judgment in making a decision for 
     the Government.
       ``(2) Disposition of proceeds from conveyances and 
     leases.--Amounts collected under subsection (a)(7) shall be 
     credited to a special fund in the Treasury and ascribed to 
     the Coast Guard. The amounts collected shall be available to 
     the Coast Guard's `Operating Expenses' account without 
     further appropriation and without fiscal year limitation, and 
     the amounts appropriated from the general fund for that 
     account shall be reduced by the amounts so collected.
       ``(3) Nonapplication of certain acts.--A conveyance or 
     lease of real property under subsection (a)(8) is not subject 
     to subtitle I of title 40, United States Code, or the Stewart 
     B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq. 
     ).''.

     SEC. 303. REPORTS FROM CHARTERERS.

       Section 12120 of title 46, United States Code, is amended 
     by striking ``owners and masters'' and inserting ``owners, 
     masters, and charterers''.

     SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN 
                   SUSPENSION AND REVOCATION CASES.

       Section 7702(d)(1) of title 46, United States Code, is 
     amended--
       (1) by striking ``if, when acting under the authority of 
     that license, certificate, or document--'' and inserting 
     ``if--'';
       (2) by striking ``has'' in subparagraph (B)(i) and 
     inserting ``has, while acting under the authority of that 
     license, certificate, or document,'';
       (3) by striking ``or'' at the end of subparagraph (B)(ii);
       (4) by striking ``1982.'' in subparagraph (B)(iii) and 
     inserting ``1982; or''; and
       (5) by adding at the end of subparagraph (B) the following:
       ``(iv) is a security risk that poses a threat to the safety 
     or security of a vessel or a public or commercial structure 
     located within or adjacent to the marine environment.''.

     SEC. 305. REVISION OF BASES FOR SUSPENSION AND REVOCATION 
                   CASES.

       Section 7703 of title 46, United States Code, is amended--
       (1) by striking ``incompetence, misconduct, or 
     negligence;'' in paragraph (1)(B) and insert ``misconduct or 
     negligence;'';
       (2) by striking ``or'' after the semicolon in paragraph 
     (2);
       (3) by striking ``note).'' in paragraph (3) and inserting 
     ``note);''; and
       (4) by adding at the end the following:
       ``(4) has committed an act of incompetence relating to the 
     operation of a vessel, whether or not acting under the 
     authority of that license, certificate, or document; or
       ``(5) is a security risk that poses a threat to the safety 
     or security of a vessel or a public or commercial structure 
     located within or adjacent to the marine environment.''.

     SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG 
                   CONVICTIONS IN SUSPENSION & REVOCATION CASES.

       Section 7704(b) of title 46, United States Code, is amended 
     by inserting ``suspended or'' after ``shall be''.

     SEC. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.

       Section 7319 of title 46, United States Code, is amended by 
     striking the second sentence.

     SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN 
                   CITIZENSHIP REQUIREMENTS.

       (a) Section 12110(d) of title 46, United States Code, is 
     amended by inserting ``or an unmanned barge operating outside 
     of the territorial waters of the United States,'' after 
     ``recreational endorsement,''.
       (b) Section 12122(b)(6) of title 46, United States Code, is 
     amended by inserting ``or an unmanned barge operating outside 
     of the territorial waters of the United States,'' after 
     ``recreational endorsement,''.

     SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF 
                   CERTAIN BRIDGE STATUTES.

       (a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495) 
     is amended by striking ``$1,000.'' and inserting 
     ``$25,000.''.
       (b) Section 5(c) of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved August 18, 1894 (33 U.S.C. 499), is 
     amended by striking ``$1,000.'' and inserting ``$25,000.''.
       (c) Section 18(c) of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', enacted March 3, 1899 (33 U.S.C. 502) is amended 
     by striking ``$1,000.'' and inserting ``$25,000.''.
       (d) Section 510(b) of the General Bridge Act of 1946 (33 
     U.S.C. 533) is amended by striking ``$1,000.'' and inserting 
     ``25,000.''.

     SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH 
                   RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT 
                   SAFETY STANDARDS.

       Section 4311 of title 46, United States Code, is amended--
       (1) by striking the first sentence of subsection (b) and 
     inserting ``(1) A person violating section 4307(a) of this 
     title is liable to the United States Government for a civil 
     penalty of not more than $5,000, except that the maximum 
     civil penalty may be not more than $250,000 for a related 
     series of violations.'';
       (2) by striking ``4307(a)(1),'' in the second sentence of 
     subsection (b) and inserting ``4307(a),'':
       (3) by redesignating paragraphs (1) and (2) of subsection 
     (b) as subparagraphs (A) and (B), respectively;
       (4) by adding at the end of subsection (b) the following:
       ``(2) Any person, including, a director, officer, or 
     executive employee of a corporation, who knowingly and 
     willfully violates section 4307(a) of this title, shall be 
     fined not more than $10,000, imprisoned for not more than one 
     year, or both.''; and
       (5) by striking ``$1,000.'' in subsection (c) and inserting 
     ``$5,000.''.

     SEC. 311. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT 
                   AGENCIES IN THE ENHANCED BORDER SECURITY AND 
                   VISA ENTRY REFORM ACT OF 2002.

       Paragraph (4) of section 2 of the Enhanced Border Security 
     and Visa Entry Reform Act of 2002, Pub. L. 107-173, is 
     amended by striking subparagraph (G) and inserting the 
     following:
       ``(G) The United States Coast Guard.''.

     SEC. 312. STOPPING VESSELS; IMMUNITY FOR FIRING AT OR INTO 
                   VESSEL.

       (a) In General.--Section 637 of title 14, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Whenever any vessel liable to seizure or examination 
     does not stop on being ordered to do so or on being pursued 
     by an authorized vessel or authorized aircraft which has 
     displayed the ensign, pennant, or other identifying insignia 
     prescribed for an authorized vessel or authorized aircraft, 
     the person in command or in charge of the authorized vessel 
     or authorized aircraft may, after a gun has been fired by the 
     authorized vessel or authorized aircraft as a warning signal, 
     fire at or into the vessel which does not stop; except that 
     the prior use of the warning signal is not required if its 
     use would unreasonably endanger persons or property in the 
     vicinity of the vessel.'';
       (2) by inserting ``or'' after the semicolon in subsection 
     (c)(1);
       (3) by striking paragraphs (2) and (3) of subsection (c) 
     and inserting the following:
       ``(2) it is a surface naval vessel or military aircraft on 
     which one or more members of the Coast Guard are assigned 
     pursuant to section 379 of title 10.''; and
       (4) by striking subsection (d).
       (b) Report.--The Commandant of the Coast Guard shall 
     transmit a report annually to the Senate Committee on 
     Commerce,

[[Page 5732]]

     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure describing the 
     location, vessels or aircraft, circumstances, and 
     consequences of each incident in the 12-month period covered 
     by the report in which the person in command or in charge of 
     an authorized vessel or an authorized aircraft (as those 
     terms are used in section 637 of title 14, United States 
     Code) fired at or into a vessel without prior use of the 
     warning signal as authorized by that section.

     SEC. 313. USE OF UNEXPENDED FUNDS FOR BRIDGE ALTERATIONS 
                   UNDER TRUMAN-HOBBS ACT.

       Section 8 of the Act of June 21, 1940 (33 U.S.C. 518) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``There''; 
     and
       (2) by adding at the end the following:
       ``(b) Unextended Funds.--In addition to other uses 
     permitted by law, upon completion of a bridge alteration 
     project, unexpended funds previously appropriated or 
     otherwise available for the completed project may be used to 
     pay the Federal share of the design and construction costs 
     for other bridge alteration projects authorized under this 
     Act.''.

     SEC. 314. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.

       (a) Repeal.--Section 2 of the Inland Navigation Rules Act 
     of 1980 (33 U.S.C. 2001) is repealed.
       (b) Inland Navigation Rules.--Section 3 of the Inland 
     Navigation Rules Act of 1980 (33 U.S.C. 2002) is amended to 
     read as follows:

     ``SEC. 3. INLAND NAVIGATION RULES.

       ``The Secretary may issue inland navigation regulations 
     applicable to all vessels upon the inland waters of the 
     United States and technical annexes that are as consistent as 
     possible with the respective annexes to the International 
     Regulations.''.

     SEC. 315. PREVENTION OF DEPARTURE.

       Section 3505 of title 46, United States Code, is amended to 
     read as follows:

     ``Sec. 3505. Prevention of departure

       ``Notwithstanding section 3303(a) of this title, a, foreign 
     vessel carrying a citizen of the United States as a passenger 
     or embarking passengers from a United States port may not 
     depart from a United States port if the Secretary finds that 
     the vessel does not comply with the standards stated in the 
     International Convention for the Safety of Life at Sea to 
     which the United States Government is currently a party.''.

     SEC. 316. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT 
                   CODE.

       (a) Application of Existing Law.--Section 3202(a) of title 
     46, United States Code, is amended to read as follows:
       ``(a) Mandatory Application.--This chapter applies to a 
     vessel that--
       ``(1)(A) is transporting more than 12 passengers described 
     in section 2101(21)(A) of this title; or
       ``(B) is of at least 500 gross tons as measured under 
     section 14502 of this title, or an alternate tonnage measured 
     under section 14302 of this title as prescribed by the 
     Secretary under section 14104 of this title, that is a 
     tanker, freight vessel, bulk freight vessel, high speed 
     freight vessel, or self-propelled mobile offshore drilling 
     unit; and
       ``(2)(A) is engaged on a foreign voyage; or
       ``(B) is a foreign vessel departing from a place under the 
     jurisdiction of the United States on a voyage, any part of 
     which is on the high seas.''.
       (b) Compliance of Regulations with International Safety 
     Management Code.--Section 3203(b) of title 46, United States 
     Code, is amended by striking ``vessels engaged on a foreign 
     voyage.'' and inserting ``vessels to which this chapter 
     applies.''.

     SEC. 317. AMENDMENTS TO VESSEL RESPONSE PLAN REQUIREMENTS.

       (a) In General.--Section 311(j) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)) is amended--
       (1) by striking the caption of paragraph (5) and inserting 
     ``(5) Tank vessel, non-tank vessel, and facility response 
     plans.--'';
       (2) by adding at the end of paragraph (5)(A) ``The 
     President shall also issue regulations which require an owner 
     or operator of a non-tank vessel described in subparagraph 
     (C) to prepare and submit to the President a plan for 
     responding, to the maximum extent practicable, to a worst 
     case discharge, and to a substantial threat of such a 
     discharge, of oil.'';
       (3) by striking ``vessels and'' in paragraph (5)(B) and 
     inserting ``vessels, non-tank vessels, and'';
       (4) by redesignating clauses (ii) and (iii) of paragraph 
     (5)(B) as clauses (iii) and (iiv), respectively, and 
     inserting after clause (1) the following:
       ``(ii) A non-tank vessel.'';
       (5) by striking ``vessel or'' in paragraph (5)(D) and 
     inserting ``vessel, a non-tank vessel, or an'';
       (6) by inserting ``non-tank vessel,'' in paragraph (5)(E) 
     after ``vessel,'' each place it appears;
       (7) by inserting `` non-tank vessel,'' in paragraph (5)(F) 
     after ``vessel,'';
       (8) by striking ``vessel or'' in paragraph (5)(F) and 
     inserting ``vessel, non-tank vessel, or'';
       (9) by inserting ``non-tank vessel,'' in paragraph (5)(G) 
     after ``vessel,'';
       (10) by inserting ``and non-tank vessel'' in paragraph 
     (5)(H) after ``cash tank vessel'';
       (11) by striking ``Not later than 2 years after the date of 
     enactment of this section, the President shall require--'' in 
     paragraph (6) and inserting ``The President shall require--
     '';
       (12) by striking ``cargo'' in paragraph (6)(B) and 
     inserting ``cargo, and non-tank vessels carrying oil of any 
     kind as fuel for main propulsion,''; and
       (13) by striking ``vessel and'' in paragraph (7) and 
     inserting ``vessel, non-tank vessel, and'' in paragraph (7).
       (b) Non-Tank Vessel Defined.--Section 311(a) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (24)(B);
       (2) by striking ``threat.'' in paragraph (25) and inserting 
     ``threat; and''; and
       (3) by adding at the end the following:
       ``(26) `non-tank vessel' means a self-propelled vessel of 
     400 gross tons or greater, other than a tank vessel, which 
     carries oil of any kind as fuel for main propulsion and 
     that--
       ``(A) is a vessel of the United States; or
       ``(B) operates on the navigable waters of the United 
     States.''.
       (c) Addition of Noxious Liquid Substances to the List of 
     Hazardous Substances for Which the Coast Guard May Require a 
     Response Plan.--Section 311(j)(5) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)(5)) is further 
     amended--
       (1) by redesignating subparagraphs (B) through (H) as 
     subparagraphs (C) through (I), respectively;
       (2) by inserting after subparagraph (A) the following:
       ``(B) The Secretary of the Department in which the Coast 
     Guard is operating may issue regulations which require an 
     owner or operator of a tank vessel, a vessel carrying in bulk 
     noxious liquid substances, or a facility described in 
     subparagraph (C) to prepare and submit to the Secretary a 
     plan for responding, to the maximum extent practicable, to a 
     worst case discharge, and to a substantial threat of such a 
     discharge, of a noxious liquid substance. For purposes of 
     this paragraph, the term `noxious liquid substance' has the 
     same meaning when that term is used in the MARPOL Protocol 
     described in section 2(a)(3) of the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901(a)(3)), and the term `carrying in 
     bulk' means loading or carrying on board a vessel without the 
     benefit of containers or labels and received and handled by 
     carrier without mark or count.'';
       (3) by striking ``subparagraph (B)'' in subparagraph (A) 
     and inserting ``subparagraph (C)'';
       (4) by striking ``subparagraph (A)'' in subparagraph (C), 
     as redesignated, and inserting ``subparagraphs (A) and (B)'';
       (5) by striking ``subparagraph (D),'' in clause (1) of 
     subparagraph (F), as redesignated, and inserting 
     ``subparagraph (E),''; and
       (6) by striking subparagraph (G), as redesignated, and 
     inserting the following:
       ``(G) Notwithstanding subparagraph (F), the President may 
     authorize a tank vessel, non-tank vessel, offshore facility, 
     or onshore facility that handles, stores, or transports oil 
     to operate without a response plan approved under this 
     paragraph, until not later than 2 years after the date of the 
     submission to the President of a plan for the tank vessel, 
     non-tank vessel, or facility, if the owner or operator 
     certifies that the owner or operator has ensured by contract 
     or other means approved by the President the availability of 
     private personnel and equipment necessary to respond, to the 
     maximum extent practicable, to a worst case discharge or a 
     substantial threat of such a discharge.''.

     SEC. 318. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING 
                   DEVICES.

       Section 4110 of the Oil Pollution Act of 1990 (46 U.S.C. 
     3703 note) is amended--
       (1) by striking ``shall'' each place it appears and 
     inserting ``may''; and
       (2) by adding at the end the following:
       ``(c) Study.--
       ``(1) The Secretary of the Department in which the Coast 
     Guard is operating shall conduct a study analyzing the costs 
     and benefits of methods other than those described in 
     subsections (a) and (b) for effectively detecting the loss of 
     oil from oil cargo tanks. The study may include technologies, 
     monitoring procedures, and other methods.
       ``(2) In conducting the study, the Secretary may seek input 
     from Federal agencies, industry, and other entities.
       ``(3) The Secretary shall provide the study to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure not later than 180 days after the date of 
     enactment of this Act.''.

     SEC. 319. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT.

       (a) In General.--No later than 180 days of enactment of 
     this Act, the Coast Guard shall provide a written report to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure with respect to issues related to 
     implementation of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701 et seq.).

[[Page 5733]]

       (b) Scope.--The report shall include the following:
       (1) The status of the levels of funds currently in the Oil 
     Spill Liability Trust Fund and projections for levels of 
     funds over the next 5 years.
       (2) The domestic and international implications of changing 
     the phase-out date for single hull vessels pursuant to 
     section 3703a of title 46, United States Code, from 2015 to 
     2010.
       (3) The costs and benefits of requiring vessel monitoring 
     systems on tank vessels used to transport oil or other 
     hazardous cargo, and from using additional aids to 
     navigation, such as RACONs.
       (4) A summary of the extent to which the response costs and 
     damages for oil spill incidents have exceeded the liability 
     limits established in section 1004 of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2704), and a description of the steps that 
     the Coast Guard has taken or plans to take to implement 
     subsection (d)(4) of that Act (33 U.S.C. 2704(d)(4)).
       (5) A summary of manning, inspection, and other safety 
     issues for tank barges and towing vessels used in connection 
     with them, including--
       (A) a description of applicable Federal regulations, 
     guidelines, and other policies;
       (B) a record of infractions of applicable requirements 
     described in subparagraph (A) over the past 10 years;
       (C) an analysis of oil spill data over the past 10 years, 
     comparing the number and size of oil spills from tank barges 
     with those from tanker vessels of a similar size; and
       (D) recommendations on areas of possible improvements to 
     existing regulations, guidelines and policies with respect to 
     tank barges and towing vessels.

     SEC. 320. LOANS FOR FISHERMEN IMPACTED BY OIL SPILLS.

       (a) Interest; Partial Payment of Claims.--Section 1013 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by 
     adding at the end the following:
       ``(f) Loan Program.--
       ``(1) In general.--The President shall establish a loan 
     program under the Fund to provide interim assistance to 
     fishermen and aquaculture producer claimants during the 
     claims procedure.
       ``(2) Eligibility for loan.--A loan may be made under 
     paragraph (1) only to a fisherman or aquaculture producer 
     that--
       ``(A) has incurred damages for which claims are authorized 
     under section 1002;
       ``(B) has made a claim pursuant to this section that is 
     pending; and
       ``(C) has not received an interim payment under section 
     1005(a) for the amount of the claim, or part thereof, that is 
     pending.
       ``(3) Terms and conditions of loans.--A loan awarded under 
     paragraph (1)--
       ``(A) shall have flexible terms, as determined by the 
     President;
       ``(B) shall be for a period ending on the later of--
       ``(i) the date that is 5 years after the date on which the 
     loan is made; or
       ``(ii) the date on which the fisherman or aquaculture 
     producer receives payment for the claim to which the loan 
     relates under the procedure established by subsections (a) 
     through (e) of this section; and
       ``(C) shall be at a low interest rate, as determined by the 
     President.''.
       (b) Uses of the Fund.--Section 1012(a) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)) is amended--
       (1) by striking ``Act.'' in paragraph (5)(C) and inserting 
     ``Act; and''; and
       (2) by adding at the end the following:
       ``(6) the making of loans pursuant to the program 
     established under section 1013(f).''.
       (c) Study.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall submit to Congress a study that 
     contains--
       (1) an assessment of the effectiveness of the claims 
     procedures and emergency response programs under the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) concerning 
     claims filed by, and emergency responses carried out to 
     protect the interests of, fishermen and aquaculture 
     producers; and
       (2) any legislative or other recommendations to improve the 
     procedures and programs referred to in paragraph (1).

     SEC. 321. FISHERIES ENFORCEMENT PLANS AND REPORTING.

       (a) Fisheries Enforcement Plans.--The Coast Guard and the 
     National Oceanic and Atmospheric Administration shall, to the 
     maximum extent possible, consult with each other and with 
     State and local enforcement authorities in preparing their 
     annual fisheries enforcement plans.
       (b) Fishery Patrols.--Prior to undertaking fisheries 
     patrols, the Coast Guard and the National Oceanic and 
     Atmospheric Administration shall, to the maximum extent 
     possible, provide to each other and to appropriate State and 
     local enforcement authorities their intentions and projected 
     dates for such patrols.
       (c) Annual Summary.--The Coast Guard and National Oceanic 
     and Atmospheric Administration shall prepare and make 
     available to each other, State and local enforcement 
     entities, and other relevant stakeholders, an annual summary 
     report of fisheries enforcement activities for the preceding 
     year, including a summary of the number of patrols, law 
     enforcement actions taken, and resource hours expended.

     SEC. 322. DEEPWATER REPORT.

       No later than 180 days after enactment of this Act, the 
     Coast Guard shall provide a written report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure with respect to performance under the first 
     term of the Integrated Deepwater System contract. The report 
     shall include an analysis of how well the prime contractor 
     has met the two key performance goals of operational 
     effectiveness and minimizing total ownership costs. The 
     report shall include a description of the measures 
     implemented by the prime contractor to meet these goals and 
     how these measures have been or will be applied for 
     subcontracts awarded during the 5-year term of the contract, 
     as well as criteria used by the Coast Guard to assess the 
     contractor's performance against these goals. To the extent 
     available, the report shall include performance and cost 
     comparisons of alternatives examined in implementing the 
     contract.

     SEC. 323. SMALL PASSENGER VESSEL SAFETY.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Department in 
     which the Coast Guard is operating shall report to the 
     Congress regarding the enforcement efforts and degree of 
     compliance regarding the 1996 amendments to the Small 
     Passenger Vessel Regulations (title 46, Code of Federal 
     Regulations, part 185) requiring the master of a small 
     passenger vessel to require passengers to don life jackets 
     when possible hazardous conditions exist including--
       (1) transiting hazardous bars or inlets;
       (2) during severe weather;
       (3) in the event of flooding, fire, or other events that 
     may possibly call for evacuation; and
       (4) when the vessel is being towed, except a non-self-
     propelled vessel under normal operating conditions.
       (b) Contents.--The report under this section shall 
     include--
       (1) a section regarding the enforcement efforts the Coast 
     Guard has undertaken to enforce these regulations;
       (2) a section detailing compliance with these regulations, 
     to include the number of vessels and masters cited for 
     violations of these regulations for fiscal years 1998 through 
     2003;
       (3) a section detailing the number and types of marine 
     casualties for fiscal years 1998 through 2003 which have been 
     related wholly or in part to violations of these regulations; 
     and
       (4) a section providing recommendation on improving 
     compliance with, and possible modifications to, these 
     regulations.

     SEC. 324. ELECTRONIC NAVIGATIONAL CHARTING.

       The Commandant of the Coast Guard, in consultation with the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall provide a written report to the Senate 
     Committee on Commerce, Science, and Transportation, and to 
     the House of Representatives Committee on Transportation and 
     Infrastructure no later than 180 days after the date of 
     enactment of this Act with respect to electronic navigational 
     charts. The report shall include--
       (1) the costs for the National Oceanic and Atmospheric 
     Administration to complete the suite of electronic 
     navigational charts;
       (2) the costs and benefits of a United States requirement 
     of electronic navigation systems on vessels; and
       (3) a description of international standards and 
     requirements that already exist or are being developed for 
     the use of electronic navigation systems.

     SEC. 325. MEASURES FOR THE PROTECTION OF NORTH ATLANTIC RIGHT 
                   WHALES FROM SHIP STRIKES.

       (a) Within 120 days of enactment of this Act, the Secretary 
     shall initiate studies to examine options for minimizing 
     vessel strikes of North Atlantic Right Whales in the access 
     of ports which the Secretary, in consultation with the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, has determined--based on a review of past 
     incidents of vessel strikes as well as available scientific, 
     navigation, and other data--pose a substantial risk of vessel 
     strikes of North Atlantic Right Whales. Such studies shall 
     examine measures identified in consultation with the 
     Administrator, including vessel routing, reporting and/or 
     speed measures, that would minimize vessel strikes of North 
     Atlantic Right Whales.
       (b) Within 18 months of enactment of this Act, the 
     Secretary of Homeland Security shall, in consultation with 
     Administrator of the National Oceanic and Atmospheric 
     Administration, provide a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure on the results of the studies referred to in 
     paragraph (a), including--
       (1) a discussion of the effectiveness of the pleasures 
     studied in reducing ship strikes of North Atlantic Right 
     Whales;
       (2) a summary, of available analyses regarding potential 
     costs of such measures including regional economic impacts;

[[Page 5734]]

       (3) the extent to which statutory authority currently 
     exists for the Coast Guard to implement these and other 
     similar measures; and
       (4) in consultation with the Administrator and the 
     Secretary of State, a discussion of the national and 
     international legal bases for implementation of such 
     measures.

     SEC. 326. FOREIGN VESSEL SECURITY PLANS.

       Section 70103 of title 46, United States Code, is amended 
     by adding new paragraphs (c)(8) and (c)(9) to read as 
     follows:
       ``(8) A foreign vessel destined for, arriving at, or 
     departing from a port or place subject to the jurisdiction of 
     the United States is deemed in compliance with this section 
     if--
       ``(A) the vessel has in effect a security plan approved 
     pursuant to the International Convention for the Safety of 
     Life at Sea, 1974, (SOLAS) Chapter XI-2 and the International 
     Ship and Port Facility Security Code (ISPS Code); and
       ``(B) the vessel operates in compliance with its approved 
     plan, SOLAS Chapter XI-2, and the ISPS Code.
       ``(9) The Secretary shall, consistent with international 
     treaties, conventions, and agreements to which the United 
     States is a party, establish procedures, measures, and 
     standards to assure foreign vessels destined for, arriving 
     at, or departing from a port or place subject to the 
     jurisdiction of the United States comply with vessel security 
     requirements under SOLAS, the ISPS Code, this chapter, and 
     regulations issued under this chapter, including--
       ``(A) an effective port state control program that 
     identifies foreign vessels for examination based on each 
     vessel's operating history, owner or operator, vessel type, 
     and such other factors as the Secretary determines to be 
     appropriate;
       ``(B) examination of a vessel and its cargo, passengers, 
     and crew;
       ``(C) examination of a vessel's security arrangements;
       ``(D) procedures to ensure shipboard personnel understand 
     their security responsibilities and have the knowledge and 
     ability to perform their assigned duties under a vessel's 
     approved security plan, SOLAS, and the ISPS Code;
       ``(E) a detailed examination of a vessel's approved 
     security plan;
       ``(F) restrictions on a vessel's operations or movements;
       ``(G) denial of entry into port; and
       ``(H) such other measures that the Secretary determines are 
     necessary to deter a transportation security incident to the 
     maximum extent practicable and to protect the safety and 
     security of United States ports, persons, vessels, 
     facilities, and other property.''.

                        TITLE IV--MISCELLANEOUS

     SEC. 401. CONVEYANCE OF LIGHTHOUSES.

       Section 308(c) of the National Historic Lighthouse 
     Preservation Act of 2000 (16 U.S.C. 470w-7(c)) is amended by 
     adding at the end the following:
       ``(4) Lighthouses originally conveyed under other 
     authority.--Upon receiving notice of an executed or intended 
     conveyance by sale, gift, or any other manner of a lighthouse 
     conveyed under authority other than this Act, the Secretary 
     shall review the executed or proposed conveyance to ensure 
     that any new owner will comply with any and all conditions of 
     the original conveyance. If the Secretary determines that the 
     new owner has not or is unable to comply With those 
     conditions the Secretary shall immediately invoke any 
     reversionary interest or take such other action as may be 
     necessary to protect the interests of the United States.''.

     SEC. 402. LORAN-C.

       There are authorized to be appropriated to the Department 
     of Transportation, in addition to funds authorized for the 
     Coast Guard for operation of the LORAN-C system, for capital 
     expenses related to LORAN-C navigation infrastructure, 
     $25,000,000 for each of fiscal years 2004 and 2005. The 
     Secretary of Transportation may transfer from the Federal 
     Aviation Administration and other agencies of the Department 
     funds appropriated as authorized under this section in order 
     to reimburse the Coast Guard for related expenses.

     SEC. 403. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.

       (a) In General.--The Commandant of the Coast Guard may 
     convey all right, title, and interest of the United States in 
     and to a vessel described in subsection (b) to the person 
     designated in subsection (b) with respect to the vessel (in 
     this section referred to as the `recipient'), without 
     consideration, if the person complies with the conditions 
     under subsection (c).
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) The Coast Guard Cutter BRAMBLE, to be conveyed to the 
     Port Huron Museum of Arts and History (a nonprofit 
     corporation under the laws of the State of Michigan), located 
     in Port Huron, Michigan.
       (2) The Coast Guard Cutter PLANETREE, to be conveyed to 
     Jewish Life (a nonprofit corporation under the laws of the 
     State of California), located in Sherman Oaks, California.
       (3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth 
     Entertainment and Convention Center Authority (a nonprofit 
     corporation under the laws of the State of Minnesota), 
     located in Duluth, Minnesota.
       (c) Conditions.--As a condition of any conveyance of a 
     vessel under subsection (a), the Commandant shall require the 
     recipient--
       (1) to agree--
       (A) to use the vessel for purposes of education and 
     historical display;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls (PCBs), after conveyance of the 
     vessel, except for claims arising from use of the vessel by 
     the Government under subparagraph (C);
       (2) to have funds available that will be committed to 
     operate and maintain the vessel conveyed in good working 
     condition--
       (A) in the form of cash, liquid assets, or a written loan 
     commitment; and
       (B) in an amount of at least $700,000; and
       (3) to agree to any other conditions the Commandant 
     considers appropriate.
       (d) Maintenance and Delivery of Vessel.--Prior to 
     conveyance of a vessel under this section, the Commandant 
     may, to the extent practical, and subject to other Coast 
     Guard mission requirements, make every effort to maintain the 
     integrity of the vessel and its equipment until the time of 
     delivery. The Commandant shall deliver a vessel conveyed 
     under this section at the place where the vessel is located, 
     in its present condition, and without cost to the Government. 
     The conveyance of a vessel under this section shall not be 
     considered a distribution in commerce for purposes of section 
     6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)).
       (e) Other Excess Equipment.--The Commandant may convey to 
     the recipient of a vessel under this section any excess 
     equipment or parts from other decommissioned Coast Guard 
     vessels for use to enhance the vessel's operability and 
     function as an historical display.

     SEC. 404. KOSS COVE.

       (a) In General.--Notwithstanding any other provision of law 
     or existing policy, the cove described in subsection (b) 
     shall be known and designated as ``Koss Cove'', in honor of 
     the late Able Bodied Seaman Eric Steiner Koss of the National 
     Oceanic and Atmospheric Administration vessel RAINER who died 
     in the performance of a nautical charting mission off the 
     coast of Alaska.
       (b) Cove Described.--The cove referred to in subsection (a) 
     is--
       (1) adjacent to and southeast of Point Elrington, Alaska, 
     and forms a portion of the southern coast of Elrington 
     Island;
       (2) \3/4\ mile across the mouth;
       (3) centered at 59 degrees 56.1 minutes North, 148 degrees 
     14 minutes West; and
       (4) 45 miles from Seward, Alaska.
       (c) References.--Any reference in any law, regulation, 
     document, record, map, or other paper of the United States to 
     the cove described in subsection (b) is deemed to be a 
     reference to Koss Cove.

     SEC. 405. DECLARATION OF NON-NAVIGABILITY FOR PORTION OF THE 
                   WATEREE RIVER.

       For purposes of bridge administration, the portion of the 
     Wateree River, in the State of South Carolina, 100 feet 
     upstream and downstream of the railroad bridge at 
     approximately mile marker 10.0, is declared to not be 
     navigable waters of the United States for purposes of the 
     General Bridge Act of 1946 (33 U.S.C. 525 et seq.).

     SEC. 406. CORRECTION OF 2002 COASTWISE TRADE AUTHORIZATION 
                   PROVISION.

       Section 213(b) of the Maritime Policy Improvement Act of 
     2002 is amended by striking ``transport and launch'' and 
     inserting ``transport or launch''.

     SEC. 407. INNOVATIVE CONSTRUCTION ALTERNATIVES.

       The Commandant of the Coast Guard may consult with the 
     Office of Naval Research and other Federal agencies with 
     research and development programs that may provide innovative 
     construction alternatives for the Integrated Deepwater 
     System.

     SEC. 408. BRIDGE ADMINISTRATION.

       Section 325(b) of the Department of Transportation and 
     Related Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 
     Stat. 1765) is amended by striking ``provides at least thirty 
     feet of vertical clearance Columbia River datum and at least 
     eighty feet of horizontal clearance, as'' and inserting ``is 
     so''.

     SEC. 409. NATIONAL COAST GUARD MUSEUM.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 98. National Coast Guard Museum

       ``(a) Establishment.--The Commandant of the Coast Guard may 
     establish a new National Coast Guard Museum on Federal lands 
     administered by the Coast Guard at a location specified by 
     the Commandant.
       ``(b) Funding.--The National Coast Guard Museum should be 
     supported with nonappropriated Federal funds or nonfederal 
     funds to the maximum extent practicable and that the priority 
     for appropriated funds should be to preserve and protect 
     historic Coast Guard artifacts and to promote the purposes of 
     the National Historic Preservation Act (16 U.S.C. 470 et 
     seq.).

[[Page 5735]]

       ``(c) Location.--The National Coast Guard Museum may be 
     located at, or in close proximity to, the Coast Guard Academy 
     in New London, Connecticut or at a location with a comparable 
     historic connection to the Coast Guard that will similarly 
     enhance the public's knowledge and appreciation of the Coast 
     Guard's maritime history.
       ``(d) Funding Plan.--Before the date on which the 
     Commandant establishes a museum under subsection (a), the 
     Commandant shall provide to the Committees on Commerce of the 
     Senate and on Transportation and Infrastructure of the House 
     of Representatives a plan for constructing, operating and 
     maintaining such a museum, including--
       ``(1) estimated planning, engineering, design, 
     construction, operation, and maintenance costs;
       ``(2) the extent to which appropriated, nonappropriated, 
     and nonfederal funds would be used for such purposes; and
       ``(3) a certification by the Inspector General of the 
     Department in which the Coast Guard is operating that the 
     estimates provided pursuant to paragraphs (1) and (2) are 
     reasonable and realistic.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 5 
     of title 14, United States Code, is amended by adding at the 
     end the following:

``98. National Coast Guard Museum.''.
                                 ______
                                 
  SA 2955. Mr. ALEXANDER (for Mr. McCain) proposed an amendment to the 
bill H.R. 2443, to authorize appropriations for the Coast Guard for 
fiscal year 2004, to amend various laws administered by the Coast 
Guard, and for other purposes; as follows:

       Amend the title so as to read A Bill To authorize 
     appropriations for fiscal years 2004 and 2005 for the United 
     States Coast Guard, and for other purposes.

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