[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 10460-10465]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4334. Mr. ISAKSON (for himself, Mr. Dodd, and Mr. Reid) submitted 
an amendment intended to be proposed to amendment SA 4301 proposed by 
Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of part I of subtitle B of title II, insert the 
     following:

     SEC. --. FIRST-TIME HOMEBUYER CREDIT.

       (a) In General.--Paragraph (2) of section 36(h) is amended 
     by striking ``paragraph (1) shall be applied by substituting 
     `July 1, 2010''' and inserting ``and who purchases such 
     residence before October 1, 2010, paragraph (1) shall be 
     applied by substituting `October 1, 2010'''.
       (b) Conforming Amendment.--Subparagraph (B) of section 
     36(h)(3) is amended by inserting ``and for `October 1, 
     2010''' after ``for `July 1, 2010'''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to residences purchased after June 30, 2010.
                                 ______
                                 
  SA 4335. Mr. NELSON of Florida (for himself, Ms. Landrieu, Mr. 
LeMieux, Mr. Vitter, Mr. Shelby, Mr. Wicker, Mr. Cochran, and Mr. 
Schumer) submitted an amendment intended to be proposed to amendment SA 
4301 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VI, add the following:

     SEC. ___. 5-YEAR NET OPERATING LOSS CARRYBACK FOR CERTAIN OIL 
                   SPILL-RELATED LOSSES.

       (a) Extension of Net Operating Loss Carryback Period.--
     Paragraph (1) of section 172(b) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subparagraph:
       ``(K) Certain oil spill-related losses.--In the case of a 
     taxpayer which has a qualified oil spill loss (as defined in 
     subsection (k)) for a taxable year, such qualified oil spill 
     loss shall be a net operating loss carryback to each of the 5 
     taxable years preceding the taxable year of such loss.''.
       (b) Qualified Oil Spill Loss.--Section 172 of the Internal 
     Revenue Code of 1986 is amended by redesignating subsection 
     (k) as subsection (l) and by inserting after subsection (j) 
     the following new subsection:
       ``(k) Rules Relating to Qualified Oil Spill Losses.--For 
     purposes of this section--
       ``(1) Qualified oil spill losses.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `qualified oil spill loss' means the 
     lesser of--
       ``(i) the excess of--

       ``(I) the amount of losses in a taxable year ending after 
     April 20, 2010, and before October 1, 2011, incurred by a 
     commercial or charter fishing business operating in the Gulf 
     of Mexico or a Gulf of Mexico tourism-related business 
     attributable to the discharge of oil that began in 2010 in 
     connection with the explosion on, and sinking of, the mobile 
     offshore drilling unit Deepwater Horizon, over
       ``(II) amounts received during such taxable year as 
     payments for lost profits and earning capacity under section 
     1002(b)(2)(E) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2702(b)(2)(E)), or

       ``(ii) the amount of the net operating loss for such 
     taxable year.
       ``(B) Safe harbor for certain small businesses.--In the 
     case of--
       ``(i) any commercial or charter fishing business operating 
     in the Gulf of Mexico, or
       ``(ii) any Gulf of Mexico tourism-related business,

     the gross revenues of which for any taxable year ending after 
     April 20, 2010, and before October 1, 2011, do not exceed 
     $5,000,000, such term means the amount of the net operating 
     loss of such business for such taxable year.
       ``(C) Coordination with qualified disaster losses.--Such 
     term shall not include any qualified disaster loss (as 
     defined in subsection (j)).
       ``(2) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), a qualified oil spill loss for 
     any taxable year shall be treated in a manner similar to the 
     manner in which a specified liability loss is treated.
       ``(3) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(K) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(K). Such 
     election shall be made in such manner as may be prescribed by 
     the Secretary and shall be made by the due date (including 
     extensions of time) for filing the taxpayer's return for the 
     taxable year of the

[[Page 10461]]

     net operating loss. Such election, once made for any taxable 
     year, shall be irrevocable for such taxable year.
       ``(4) Gulf of mexico tourism-related business.--For 
     purposes of this subsection--
       ``(A) In general.--The term `Gulf of Mexico tourism-related 
     business' means a hotel, lodging, recreation, entertainment, 
     or restaurant business located in a Gulf Coast community.
       ``(B) Gulf coast community.--The term `Gulf Coast 
     community' means any county or parish in the States of 
     Louisiana, Mississippi, Alabama, or Florida which borders the 
     Gulf of Mexico.''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to net operating losses arising in taxable years ending after 
     April 20, 2010.
       (2) Transition rule.--In the case of a net operating loss 
     for a taxable year ending before the date of the enactment of 
     this Act--
       (A) notwithstanding section 172(b)(1)(H)(iii)(II), any 
     election made under subsection (b)(1)(H) or 172(b)(3) of 
     section 172 of such Code with respect to such loss may 
     (notwithstanding such section) be revoked before the 
     applicable date,
       (B) any election made under section 172(b)(1)(K) of such 
     Code with respect to such loss shall (notwithstanding such 
     section) be treated as timely made if made before the 
     applicable date, and
       (C) any application under section 6411(a) of such Code with 
     respect to such loss shall be treated as timely filed if 
     filed before the applicable date.

     For purposes of this paragraph, the term ``applicable date'' 
     means the date which is 60 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4336. Mr. GRASSLEY (for himself, Mr. Roberts, Mr. Crapo, Mr. 
Nelson of Nebraska, Mr. Hatch, and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

              TITLE VIII--SMALL BUSINESS PENALTY FAIRNESS

     SEC. 801. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE 
                   REPORTABLE TRANSACTIONS BASED ON RESULTING TAX 
                   BENEFITS.

       (a) In General.--Subsection (b) of section 6707A of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Amount of Penalty.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the amount of the penalty under subsection (a) 
     with respect to any reportable transaction shall be 75 
     percent of the decrease in tax shown on the return as a 
     result of such transaction (or which would have resulted from 
     such transaction if such transaction were respected for 
     Federal tax purposes).
       ``(2) Maximum penalty.--The amount of the penalty under 
     subsection (a) with respect to any reportable transaction 
     shall not exceed--
       ``(A) in the case of a listed transaction, $200,000 
     ($100,000 in the case of a natural person),
       ``(B) in the case of any other reportable transaction, 
     $50,000 ($10,000 in the case of a natural person).
       ``(3) Minimum penalty.--The amount of the penalty under 
     subsection (a) with respect to any transaction shall not be 
     less than $10,000 ($5,000 in the case of a natural 
     person).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to penalties assessed after December 31, 2006.

     SEC. 802. REPORT ON TAX SHELTER PENALTIES AND CERTAIN OTHER 
                   ENFORCEMENT ACTIONS.

       (a) In General.--The Commissioner of Internal Revenue, in 
     consultation with the Secretary of the Treasury, shall submit 
     to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate an 
     annual report on the penalties assessed by the Internal 
     Revenue Service during the preceding year under each of the 
     following provisions of the Internal Revenue Code of 1986:
       (1) Section 6662A (relating to accuracy-related penalty on 
     understatements with respect to reportable transactions).
       (2) Section 6700(a) (relating to promoting abusive tax 
     shelters).
       (3) Section 6707 (relating to failure to furnish 
     information regarding reportable transactions).
       (4) Section 6707A (relating to failure to include 
     reportable transaction information with return).
       (5) Section 6708 (relating to failure to maintain lists of 
     advisees with respect to reportable transactions).
       (b) Additional Information.--The report required under 
     subsection (a) shall also include information on the 
     following with respect to each year:
       (1) Any action taken under section 330(b) of title 31, 
     United States Code, with respect to any reportable 
     transaction (as defined in section 6707A(c) of the Internal 
     Revenue Code of 1986).
       (2) Any extension of the time for assessment of tax 
     enforced, or assessment of any amount under such an 
     extension, under paragraph (10) of section 6501(c) of the 
     Internal Revenue Code of 1986.
       (c) Date of Report.--The first report required under 
     subsection (a) shall be submitted not later than December 31, 
     2010.

     SEC. 803. APPLICATION OF BAD CHECKS PENALTY TO ELECTRONIC 
                   PAYMENTS.

       (a) In General.--Section 6657 of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``If any check or money order in payment of 
     any amount'' and inserting ``If any instrument in payment, by 
     any commercially acceptable means, of any amount'', and
       (2) by striking ``such check'' each place it appears and 
     inserting ``such instrument''.
       (b) Effective Dates.--The amendments made by this section 
     shall apply to instruments tendered after the date of the 
     enactment of this Act.

     SEC. 804. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS 
                   RELATING TO PROPERTY.

       (a) In General.--Section 6331(h)(3) of the Internal Revenue 
     Code of 1986 is amended by striking ``goods or services'' and 
     inserting ``property, goods, or services''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to levies approved after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4337. Ms. KLOBUCHAR (for herself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 4301 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 363, between lines 3 and 4, insert the following:
       (c) Program Audits.--Subsection (b)(8)(D) of the Travel 
     Promotion Act of 2009 (22 U.S.C. 2131(b)(8)(D)) is amended by 
     striking ``2 years after the date of enactment of this 
     section,'' and inserting ``3 years after the date of 
     enactment of the Travel Promotion Act of 2009,''.
       (d) Research Program.--Section 203(b) of the International 
     Travel Act of 1961 (22 U.S.C. 2123a(b)) is amended by 
     striking ``2010 through 2014'' and inserting ``2010 through 
     2015''.
       (e) Correction of Cross-reference.--Section 202(c)(1) of 
     the International Travel Act of 1961 (22 U.S.C. 2123(c)(1)) 
     is amended by striking ``subsection (b) of section 11 of the 
     Travel Promotion Act of 2009'' and inserting ``subsection (b) 
     of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b))''.
                                 ______
                                 
  SA 4338. Mr. WICKER (for himself, Ms. Landrieu, Mr. Cochran, and Mr. 
Vitter) submitted an amendment intended to be proposed to amendment SA 
4301 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subpart B of part II of subtitle D of title 
     II, add the following:

     SEC. ___. SPECIAL DEPRECIATION ALLOWANCE.

       (a) In General.--Paragraph (6) of section 1400N(d)(6) is 
     amended by striking subparagraph (D).
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.
                                 ______
                                 
  SA 4339. Mr. DORGAN (for Mr. Rockefeller) proposed an amendment to 
the bill H.R. 3360, to amend title 46, United States Code, to establish 
requirements to ensure the security and safety of passengers and crew 
on cruise vessels, and for other purposes, as follows:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Cruise 
     Vessel Security and Safety Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
       Sec. 1. Short title; table of contents.
       Sec. 2. Findings.
       Sec. 3. Cruise vessel security and safety requirements.
       Sec. 4. Offset of administrative costs.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) There are approximately 200 overnight ocean-going 
     cruise vessels worldwide. The average ocean-going cruise 
     vessel carries 2,000 passengers with a crew of 950 people.
       (2) In 2007 alone, approximately 12,000,000 passengers were 
     projected to take a cruise worldwide.
       (3) Passengers on cruise vessels have an inadequate 
     appreciation of their potential vulnerability to crime while 
     on ocean voyages,

[[Page 10462]]

     and those who may be victimized lack the information they 
     need to understand their legal rights or to know whom to 
     contact for help in the immediate aftermath of the crime.
       (4) Sexual violence, the disappearance of passengers from 
     vessels on the high seas, and other serious crimes have 
     occurred during luxury cruises.
       (5) Over the last 5 years, sexual assault and physical 
     assaults on cruise vessels were the leading crimes 
     investigated by the Federal Bureau of Investigation with 
     regard to cruise vessel incidents.
       (6) These crimes at sea can involve attacks both by 
     passengers and crewmembers on other passengers and 
     crewmembers.
       (7) Except for United States flagged vessels, or foreign 
     flagged vessels operating in an area subject to the direct 
     jurisdiction of the United States, there are no Federal 
     statutes or regulations that explicitly require cruise lines 
     to report alleged crimes to United States Government 
     officials.
       (8) It is not known precisely how often crimes occur on 
     cruise vessels or exactly how many people have disappeared 
     during ocean voyages because cruise line companies do not 
     make comprehensive, crime-related data readily available to 
     the public.
       (9) Obtaining reliable crime-related cruise data from 
     governmental sources can be difficult, because multiple 
     countries may be involved when a crime occurs on the high 
     seas, including the flag country for the vessel, the country 
     of citizenship of particular passengers, and any countries 
     having special or maritime jurisdiction.
       (10) It can be difficult for professional crime 
     investigators to immediately secure an alleged crime scene on 
     a cruise vessel, recover evidence of an onboard offense, and 
     identify or interview potential witnesses to the alleged 
     crime.
       (11) Most cruise vessels that operate into and out of 
     United States ports are registered under the laws of another 
     country, and investigations and prosecutions of crimes 
     against passengers and crewmembers may involve the laws and 
     authorities of multiple nations.
       (12) The Department of Homeland Security has found it 
     necessary to establish 500-yard security zones around cruise 
     vessels to limit the risk of terrorist attack. Recently 
     piracy has dramatically increased throughout the world.
       (13) To enhance the safety of cruise passengers, the owners 
     of cruise vessels could upgrade, modernize, and retrofit the 
     safety and security infrastructure on such vessels by 
     installing peep holes in passenger room doors, installing 
     security video cameras in targeted areas, limiting access to 
     passenger rooms to select staff during specific times, and 
     installing acoustic hailing and warning devices capable of 
     communicating over distances.

     SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

       (a) In General.--Chapter 35 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3507. Passenger vessel security and safety 
       requirements

       ``(a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--
       ``(1) In general.--Each vessel to which this subsection 
     applies shall comply with the following design and 
     construction standards:
       ``(A) The vessel shall be equipped with ship rails that are 
     located not less than 42 inches above the cabin deck.
       ``(B) Each passenger stateroom and crew cabin shall be 
     equipped with entry doors that include peep holes or other 
     means of visual identification.
       ``(C) For any vessel the keel of which is laid after the 
     date of enactment of the Cruise Vessel Security and Safety 
     Act of 2010, each passenger stateroom and crew cabin shall be 
     equipped with--
       ``(i) security latches; and
       ``(ii) time-sensitive key technology.
       ``(D) The vessel shall integrate technology that can be 
     used for capturing images of passengers or detecting 
     passengers who have fallen overboard, to the extent that such 
     technology is available.
       ``(E) The vessel shall be equipped with a sufficient number 
     of operable acoustic hailing or other such warning devices to 
     provide communication capability around the entire vessel 
     when operating in high risk areas (as defined by the United 
     States Coast Guard).
       ``(2) Fire safety codes.--In administering the requirements 
     of paragraph (1)(C), the Secretary shall take into 
     consideration fire safety and other applicable emergency 
     requirements established by the U. S. Coast Guard and under 
     international law, as appropriate.
       ``(3) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the requirements of paragraph (1) shall take effect 18 months 
     after the date of enactment of the Cruise Vessel Security and 
     Safety Act of 2010.
       ``(B) Latch and key requirements.--The requirements of 
     paragraph (1)(C) take effect on the date of enactment of the 
     Cruise Vessel Security and Safety Act of 2010.
       ``(b) Video Recording.--
       ``(1) Requirement to maintain surveillance.--The owner of a 
     vessel to which this section applies shall maintain a video 
     surveillance system to assist in documenting crimes on the 
     vessel and in providing evidence for the prosecution of such 
     crimes, as determined by the Secretary.
       ``(2) Access to video records.--The owner of a vessel to 
     which this section applies shall provide to any law 
     enforcement official performing official duties in the course 
     and scope of an investigation, upon request, a copy of all 
     records of video surveillance that the official believes may 
     provide evidence of a crime reported to law enforcement 
     officials.
       ``(c) Safety Information.--
       ``(1) Criminal Activity Prevention and Response Guide.--The 
     owner of a vessel to which this section applies (or the 
     owner's designee) shall--
       ``(A) have available for each passenger a guide (referred 
     to in this subsection as the `security guide'), written in 
     commonly understood English, which--
       ``(i) provides a description of medical and security 
     personnel designated on board to prevent and respond to 
     criminal and medical situations with 24 hour contact 
     instructions;
       (ii) describes the jurisdictional authority applicable, and 
     the law enforcement processes available, with respect to the 
     reporting of homicide, suspicious death, a missing United 
     States national, kidnapping, assault with serious bodily 
     injury, any offense to which section 2241, 2242, 2243, or 
     2244(a) or (c) of title 18 applies, firing or tampering with 
     the vessel, or theft of money or property in excess of 
     $10,000, together with contact information for the 
     appropriate law enforcement authorities for missing persons 
     or reportable crimes which arise--

       ``(I) in the territorial waters of the United States;
       ``(II) on the high seas; or
       ``(III) in any country to be visited on the voyage;

       ``(B) provide a copy of the security guide to the Federal 
     Bureau of Investigation for comment; and
       ``(C) publicize the security guide on the website of the 
     vessel owner.
       ``(2) Embassy and consulate locations.--The owner of a 
     vessel to which this section applies shall provide in each 
     passenger stateroom, and post in a location readily 
     accessible to all crew and in other places specified by the 
     Secretary, information regarding the locations of the United 
     States embassy and each consulate of the United States for 
     each country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation, the United States Coast 
     Guard, the nearest United States consulate or embassy, and 
     the National Sexual Assault Hotline program or other third 
     party victim advocacy hotline service; and
       ``(B) a private telephone line and Internet-accessible 
     computer terminal by which the individual may confidentially 
     access law enforcement officials, an attorney, and the 
     information and support services available through the 
     National Sexual Assault Hotline program or other third party 
     victim advocacy hotline service.
       ``(e) Confidentiality of Sexual Assault Examination and 
     Support Information.--The master or other individual in 
     charge of a vessel to which this section applies shall--
       ``(1) treat all information concerning an examination under 
     subsection (d) confidential, so that no medical information 
     may be

[[Page 10463]]

     released to the cruise line or other owner of the vessel or 
     any legal representative thereof without the prior knowledge 
     and approval in writing of the patient, or, if the patient is 
     unable to provide written authorization, the patient's next-
     of-kin, except that nothing in this paragraph prohibits the 
     release of--
       ``(A) information, other than medical findings, necessary 
     for the owner or master of the vessel to comply with the 
     provisions of subsection (g) or other applicable incident 
     reporting laws;
       ``(B) information to secure the safety of passengers or 
     crew on board the vessel; or
       ``(C) any information to law enforcement officials 
     performing official duties in the course and scope of an 
     investigation; and
       ``(2) treat any information derived from, or obtained in 
     connection with, post-assault counseling or other supportive 
     services confidential, so no such information may be released 
     to the cruise line or any legal representative thereof 
     without the prior knowledge and approval in writing of the 
     patient, or, if the patient is unable to provide written 
     authorization, the patient's next-of-kin.
       ``(f) Crew Access to Passenger Staterooms.--The owner of a 
     vessel to which this section applies shall--
       ``(1) establish and implement procedures and restrictions 
     concerning--
       ``(A) which crewmembers have access to passenger 
     staterooms; and
       ``(B) the periods during which they have that access; and
       ``(2) ensure that the procedures and restrictions are fully 
     and properly implemented and periodically reviewed.
       ``(g) Log Book and Reporting Requirements.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, in a centralized location readily accessible to 
     law enforcement personnel, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i),
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000, and
       ``(iii) all complaints of other crimes,
     committed on any voyage that embarks or disembarks passengers 
     in the United States; and
       ``(B) make such log book available upon request to any 
     agent of the Federal Bureau of Investigation, any member of 
     the United States Coast Guard, and any law enforcement 
     officer performing official duties in the course and scope of 
     an investigation.
       ``(2) Details required.--The information recorded under 
     paragraph (1) shall include, at a minimum--
       ``(A) the vessel operator;
       ``(B) the name of the cruise line;
       ``(C) the flag under which the vessel was operating at the 
     time the reported incident occurred;
       ``(D) the age and gender of the victim and the accused 
     assailant;
       ``(E) the nature of the alleged crime or complaint, as 
     applicable, including whether the alleged perpetrator was a 
     passenger or a crewmember;
       ``(F) the vessel's position at the time of the incident, if 
     known, or the position of the vessel at the time of the 
     initial report;
       ``(G) the time, date, and method of the initial report and 
     the law enforcement authority to which the initial report was 
     made;
       ``(H) the time and date the incident occurred, if known;
       ``(I) the total number of passengers and the total number 
     of crew members on the voyage; and
       ``(J) the case number or other identifier provided by the 
     law enforcement authority to which the initial report was 
     made.
       ``(3) Requirement to report crimes and other information.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies (or the owner's designee)--
       ``(i) shall contact the nearest Federal Bureau of 
     Investigation Field Office or Legal Attache by telephone as 
     soon as possible after the occurrence on board the vessel of 
     an incident involving homicide, suspicious death, a missing 
     United States national, kidnapping, assault with serious 
     bodily injury, any offense to which section 2241, 2242, 2243, 
     or 2244(a) or (c) of title 18 applies, firing or tampering 
     with the vessel, or theft of money or property in excess of 
     $10,000 to report the incident;
       ``(ii) shall furnish a written report of the incident to an 
     Internet based portal maintained by the Secretary;
       ``(iii) may report any serious incident that does not meet 
     the reporting requirements of clause (i) and that does not 
     require immediate attention by the Federal Bureau of 
     Investigation via the Internet based portal maintained by the 
     Secretary; and
       ``(iv) may report any other criminal incident involving 
     passengers or crewmembers, or both, to the proper State or 
     local government law enforcement authority.
       ``(B) Incidents to which subparagraph (A) applies.--
     Subparagraph (A) applies to an incident involving criminal 
     activity if--
       ``(i) the vessel, regardless of registry, is owned, in 
     whole or in part, by a United States person, regardless of 
     the nationality of the victim or perpetrator, and the 
     incident occurs when the vessel is within the admiralty and 
     maritime jurisdiction of the United States and outside the 
     jurisdiction of any State;
       ``(ii) the incident concerns an offense by or against a 
     United States national committed outside the jurisdiction of 
     any nation;
       ``(iii) the incident occurs in the Territorial Sea of the 
     United States, regardless of the nationality of the vessel, 
     the victim, or the perpetrator; or
       ``(iv) the incident concerns a victim or perpetrator who is 
     a United States national on a vessel during a voyage that 
     departed from or will arrive at a United States port.
       ``(4) Availability of incident data via internet.--
       ``(A) Website.--The Secretary shall maintain a statistical 
     compilation of all incidents described in paragraph (3)(A)(i) 
     on an Internet site that provides a numerical accounting of 
     the missing persons and alleged crimes recorded in each 
     report filed under paragraph (3)(A)(i) that are no longer 
     under investigation by the Federal Bureau of Investigation. 
     The data shall be updated no less frequently than quarterly, 
     aggregated by cruise line, each cruise line shall be 
     identified by name, and each crime shall be identified as to 
     whether it was committed by a passenger or a crew member.
       ``(B) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include a 
     link on its Internet website to the website maintained by the 
     Secretary under subparagraph (A).
       ``(h) Enforcement.--
       ``(1) Penalties.--
       ``(A) Civil penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $25,000 for each day during 
     which the violation continues, except that the maximum 
     penalty for a continuing violation is $50,000.
       ``(B) Criminal penalty.--Any person that willfully violates 
     this section or a regulation under this section shall be 
     fined not more than $250,000 or imprisoned not more than 1 
     year, or both.
       ``(2) Denial of entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(A) commits an act or omission for which a penalty may be 
     imposed under this subsection; or
       ``(B) fails to pay a penalty imposed on the owner under 
     this subsection.
       ``(i) Procedures.--Within 6 months after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2010, the Secretary shall issue guidelines, training 
     curricula, and inspection and certification procedures 
     necessary to carry out the requirements of this section.
       ``(j) Regulations.--The Secretary and the Commandant shall 
     each issue such regulations as are necessary to implement 
     this section.
       ``(k) Application.--
       ``(1) In general.--This section and section 3508 apply to a 
     passenger vessel (as defined in section 2101(22)) that--
       ``(A) is authorized to carry at least 250 passengers;
       ``(B) has onboard sleeping facilities for each passenger;
       ``(C) is on a voyage that embarks or disembarks passengers 
     in the United States; and
       ``(D) is not engaged on a coastwise voyage.
       ``(2) Federal and state vessels.--This section and section 
     3508 do not apply to a vessel of the United States operated 
     by the Federal Government or a vessel owned and operated by a 
     State.
       ``(l) Definitions.--In this section and section 3508:
       ``(1) Commandant.--The term `Commandant' means the 
     Commandant of the Coast Guard.
       ``(2) Owner.--The term `owner' means the owner, charterer, 
     managing operator, master, or other individual in charge of a 
     vessel.

     ``3508. Crime scene preservation training for passenger 
       vessel crewmembers

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2010, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administration, shall develop training standards and 
     curricula to allow for the certification of passenger vessel 
     security personnel, crewmembers, and law enforcement 
     officials on the appropriate methods for prevention, 
     detection, evidence preservation, and reporting of criminal 
     activities in the international maritime environment. The 
     Administrator of the Maritime Administration may certify 
     organizations in the United States and abroad that offer the 
     curriculum for training and certification under subsection 
     (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crewmembers, and law enforcement officials in 
     accordance with accepted law enforcement and security 
     guidelines, policies, and procedures, including 
     recommendations for incorporating a background check process 
     for personnel trained and certified in foreign ports;
       ``(2) the training of students and instructors in all 
     aspects of prevention, detection, evidence preservation, and 
     reporting of

[[Page 10464]]

     criminal activities in the international maritime 
     environment; and
       ``(3) the provision or recognition of off-site training and 
     certification courses in the United States and foreign 
     countries to develop and provide the required training and 
     certification described in subsection (a) and to enhance 
     security awareness and security practices related to the 
     preservation of evidence in response to crimes on board 
     passenger vessels.
       ``(c) Certification Requirement.--Beginning 2 years after 
     the standards are established under subsection (b), no vessel 
     to which this section applies may enter a United States port 
     on a voyage (or voyage segment) on which a United States 
     citizen is a passenger unless there is at least 1 crewmember 
     onboard who is certified as having successfully completed 
     training in the prevention, detection, evidence preservation, 
     and reporting of criminal activities in the international 
     maritime environment on passenger vessels under subsection 
     (a).
       ``(d) Interim Training Requirement.--No vessel to which 
     this section applies may enter a United States port on a 
     voyage (or voyage segment) on which a United States citizen 
     is a passenger unless there is at least 1 crewmember onboard 
     who has been properly trained in the prevention detection, 
     evidence preservation and the reporting requirements of 
     criminal activities in the international maritime 
     environment. The owner of a such a vessel shall maintain 
     certification or other documentation, as prescribed by the 
     Secretary, verifying the training of such individual and 
     provide such documentation upon request for inspection in 
     connection with enforcement of the provisions of this 
     section. This subsection shall take effect 1 year after the 
     date of enactment of the Cruise Vessel Safety and Security 
     Act of 2010 and shall remain in effect until superseded by 
     the requirements of subsection (c).
       ``(e) Civil Penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $50,000.
       ``(f) Denial of Entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(1) commits an act or omission for which a penalty may be 
     imposed under subsection (e); or
       ``(2) fails to pay a penalty imposed on the owner under 
     subsection (e).''.
       (b) Clerical Amendment.--The table of contents for such 
     chapter is amended by adding at the end the following:
       ``3507. Passenger vessel security and safety requirements
       ``3508. Crime scene preservation training for passenger 
           vessel crewmembers''.

     SEC. 4. OFFSET OF ADMINISTRATIVE COSTS.

       (a) Repeal of Certain Report Requirements.--
       (1) Section 1130 of the Coast Guard Authorization Act of 
     1996 (33 U.S.C. 2720 note) is amended by striking subsection 
     (b).
       (2) Section 112 of the Maritime Transportation Security Act 
     of 2002 (46 U.S.C. 70101 note) is repealed.
       (3) Section 676 of title 14, United States Code, is amended 
     by striking subsection (d).
       (4) Section 355 of title 37, United States Code, is amended 
     by striking subsection (h) and redesignating subsection (i) 
     as subsection (h).
       (5) Section 205 of the Coast Guard and Maritime 
     Transportation Act of 2004 (14 U.S.C. 637 note) is amended by 
     striking subsection (d).
       (b) Combination of Fisheries Enforcement Plans and Foreign 
     Fishing Incursion Reports.--The Secretary of the department 
     in which the Coast Guard is operating shall combine the 
     reports required under section 224 of the Coast Guard and 
     Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and 
     section 804 of the Coast Guard and Maritime Transportation 
     Act of 2004 (16 U.S.C. 1828) into a single annual report for 
     fiscal years beginning after fiscal year 2010.

     SEC. 5. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 4340. Mr. LEVIN (for himself, Mr. Kaufman, Mr. Nelson of Florida, 
Mrs. Shaheen, Mrs. McCaskill, Mr. Whitehouse, and Mr. Reed) submitted 
an amendment intended to be proposed by him to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the amendment, insert the following:

  TITLE __--AUTHORIZING SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL 
INSTITUTIONS, INTERNATIONAL TRANSACTIONS, OR TYPES OF ACCOUNTS THAT ARE 
    OF PRIMARY MONEY LAUNDERING CONCERN OR IMPEDE UNITED STATES TAX 
                              ENFORCEMENT

     SEC. ___. AUTHORIZING SPECIAL MEASURES FOR JURISDICTIONS, 
                   FINANCIAL INSTITUTIONS, INTERNATIONAL 
                   TRANSACTIONS, OR TYPES OF ACCOUNTS THAT ARE OF 
                   PRIMARY MONEY LAUNDERING CONCERN OR IMPEDE 
                   UNITED STATES TAX ENFORCEMENT.

       Section 5318A of title 31, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 5318A. Special measures for jurisdictions, financial 
       institutions, or international transactions that are of 
       primary money laundering concern or impede United States 
       tax enforcement'';

       (2) in subsection (a), by striking the subsection heading 
     and inserting the following:
       ``(a) Special Measures To Counter Money Laundering and 
     Efforts To Impede United States Tax Enforcement.--'';
       (3) in subsection (c), by striking the subsection heading 
     and inserting the following:
       ``(c) Consultations and Information To Be Considered in 
     Finding Jurisdictions, Institutions, Types of Accounts, or 
     Transactions To Be of Primary Money Laundering Concern or To 
     Be Impeding United States Tax Enforcement.--'';
       (4) in subsection (a)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (5) in subsection (a)(4)--
       (A) in subparagraph (A)--
       (i) by inserting ``in matters involving money laundering,'' 
     before ``shall consult''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in matters involving United States tax enforcement, 
     shall consult with the Commissioner of the Internal Revenue, 
     the Secretary of State, the Attorney General of the United 
     States, and in the sole discretion of the Secretary, such 
     other agencies and interested parties as the Secretary may 
     find to be appropriate; and'';
       (6) in each of paragraphs (1)(A), (2), (3), and (4) of 
     subsection (b), by inserting ``or to be impeding United 
     States tax enforcement'' after ``primary money laundering 
     concern'' each place that term appears;
       (7) in subsection (b), by striking paragraph (5) and 
     inserting the following:
       ``(5) Prohibitions or conditions on opening or maintaining 
     certain correspondent or payable-through accounts or 
     authorizing certain payment cards.--If the Secretary finds a 
     jurisdiction outside of the United States, 1 or more 
     financial institutions operating outside of the United 
     States, or 1 or more classes of transactions within or 
     involving a jurisdiction outside of the United States to be 
     of primary money laundering concern or to be impeding United 
     States tax enforcement, the Secretary, in consultation with 
     the Secretary of State, the Attorney General of the United 
     States, and the Chairman of the Board of Governors of the 
     Federal Reserve System, may prohibit, or impose conditions 
     upon--
       ``(A) the opening or maintaining in the United States of a 
     correspondent account or payable-through account; or
       ``(B) the authorization, approval, or use in the United 
     States of a credit card, charge card, debit card, or similar 
     credit or debit financial instrument by any domestic 
     financial institution, financial agency, or credit card 
     company or association, for or on behalf of a foreign banking 
     institution, if such correspondent account, payable-through 
     account, credit card, charge card, debit card, or similar 
     credit or debit financial instrument, involves any such 
     jurisdiction or institution, or if any such transaction may 
     be conducted through such correspondent account, payable-
     through account, credit card, charge card, debit card, or 
     similar credit or debit financial instrument.''; and
       (8) in subsection (c)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (9) in subsection (c)(2)(A)--
       (A) in clause (ii), by striking ``bank secrecy or special 
     regulatory advantages'' and inserting ``bank, tax, corporate, 
     trust, or financial secrecy or regulatory advantages'';
       (B) in clause (iii), by striking ``supervisory and counter-
     money'' and inserting ``supervisory, international tax 
     enforcement, and counter-money'';
       (C) in clause (v), by striking ``banking or secrecy'' and 
     inserting ``banking, tax, or secrecy''; and
       (D) in clause (vi), by inserting ``, tax treaty, or tax 
     information exchange agreement'' after ``treaty'';
       (10) in subsection (c)(2)(B)--
       (A) in clause (i), by inserting ``or tax evasion'' after 
     ``money laundering''; and
       (B) in clause (iii), by inserting ``, tax evasion,'' after 
     ``money laundering''; and
       (11) in subsection (d), by inserting ``involving money 
     laundering, and shall notify, in writing, the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives of any such action involving 
     United States tax enforcement'' after ``such action''.

[[Page 10465]]


                                 ______
                                 
  SA 4341. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. TAXATION OF INCOME OF CONTROLLED FOREIGN 
                   CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY.

       (a) General Rule.--Subsection (a) of section 954 (defining 
     foreign base company income) is amended by striking the 
     period at the end of paragraph (5) and inserting ``, and'', 
     by redesignating paragraph (5) as paragraph (4), and by 
     adding at the end the following new paragraph:
       ``(5) imported property income for the taxable year 
     (determined under subsection (j) and reduced as provided in 
     subsection (b)(5)).''.
       (b) Definition of Imported Property Income.--Section 954 is 
     amended by adding at the end the following new subsection:
       ``(j) Imported Property Income.--
       ``(1) In general.--For purposes of subsection (a)(5), the 
     term `imported property income' means income (whether in the 
     form of profits, commissions, fees, or otherwise) derived in 
     connection with--
       ``(A) manufacturing, producing, growing, or extracting 
     imported property;
       ``(B) the sale, exchange, or other disposition of imported 
     property; or
       ``(C) the lease, rental, or licensing of imported property.
     Such term shall not include any foreign oil and gas 
     extraction income (within the meaning of section 907(c)) or 
     any foreign oil related income (within the meaning of section 
     907(c)).
       ``(2) Imported property.--For purposes of this subsection--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `imported property' means property which 
     is imported into the United States by the controlled foreign 
     corporation or a related person.
       ``(B) Imported property includes certain property imported 
     by unrelated persons.--The term `imported property' includes 
     any property imported into the United States by an unrelated 
     person if, when such property was sold to the unrelated 
     person by the controlled foreign corporation (or a related 
     person), it was reasonable to expect that--
       ``(i) such property would be imported into the United 
     States; or
       ``(ii) such property would be used as a component in other 
     property which would be imported into the United States.
       ``(C) Exception for property subsequently exported.--The 
     term `imported property' does not include any property which 
     is imported into the United States and which--
       ``(i) before substantial use in the United States, is sold, 
     leased, or rented by the controlled foreign corporation or a 
     related person for direct use, consumption, or disposition 
     outside the United States; or
       ``(ii) is used by the controlled foreign corporation or a 
     related person as a component in other property which is so 
     sold, leased, or rented.
       ``(D) Exception for certain agricultural commodities.--The 
     term `imported property' does not include any agricultural 
     commodity which is not grown in the United States in 
     commercially marketable quantities.
       ``(3) Definitions and special rules.--
       ``(A) Import.--For purposes of this subsection, the term 
     `import' means entering, or withdrawal from warehouse, for 
     consumption or use. Such term includes any grant of the right 
     to use intangible property (as defined in section 
     936(h)(3)(B)) in the United States.
       ``(B) United states.--For purposes of this subsection, the 
     term `United States' includes the Commonwealth of Puerto 
     Rico, the Virgin Islands of the United States, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(C) Unrelated person.--For purposes of this subsection, 
     the term `unrelated person' means any person who is not a 
     related person with respect to the controlled foreign 
     corporation.
       ``(D) Coordination with foreign base company sales 
     income.--For purposes of this section, the term `foreign base 
     company sales income' shall not include any imported property 
     income.''.
       (c) Separate Application of Limitations on Foreign Tax 
     Credit for Imported Property Income.--
       (1) In general.--Paragraph (1) of section 904(d) (relating 
     to separate application of section with respect to certain 
     categories of income) is amended by striking ``and'' at the 
     end of subparagraph (A), by redesignating subparagraph (B) as 
     subparagraph (C), and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) imported property income, and''.
       (2) Imported property income defined.--Paragraph (2) of 
     section 904(d) is amended by redesignating subparagraphs (I), 
     (J), and (K) as subparagraphs (J), (K), and (L), 
     respectively, and by inserting after subparagraph (H) the 
     following new subparagraph:
       ``(I) Imported property income.--The term `imported 
     property income' means any income received or accrued by any 
     person which is of a kind which would be imported property 
     income (as defined in section 954(j)).''.
       (3) Conforming amendment.--Clause (ii) of section 
     904(d)(2)(A) is amended by inserting ``or imported property 
     income'' after ``passive category income''.
       (d) Technical Amendments.--
       (1) Clause (iii) of section 952(c)(1)(B) (relating to 
     certain prior year deficits may be taken into account) is 
     amended--
       (A) by redesignating subclauses (II), (III), (IV), and (V) 
     as subclauses (III), (IV), (V), and (VI), and
       (B) by inserting after subclause (I) the following new 
     subclause:

       ``(II) imported property income,''.

       (2) The last sentence of paragraph (4) of section 954(b) 
     (relating to exception for certain income subject to high 
     foreign taxes) is amended by striking ``subsection (a)(5)'' 
     and inserting ``subsection (a)(4)''.
       (3) Paragraph (5) of section 954(b) (relating to deductions 
     to be taken into account) is amended by striking ``and the 
     foreign base company oil related income'' and inserting ``the 
     foreign base company oil related income, and the imported 
     property income''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after the date of the enactment of this Act, and to 
     taxable years of United States shareholders within which or 
     with which such taxable years of such foreign corporations 
     end.
                                 ______
                                 
  SA 4342. Ms. SNOWE (for herself, Mr. Enzi, and Mr. Ensign) submitted 
an amendment intended to be proposed to amendment SA 4301 proposed by 
Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 413.

                          ____________________