S.Amdt. 3601Senate108th Congress (2003-2005)

S.Amdt. 3601

Sponsored by Jack ReedSen. Jack Reed (D-RI)
Submitted September 9, 2004

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Senate amendment submitted

September 9, 2004

Text

Submitted

TEXT OF AMENDMENTS

______

SA 3594. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 21, line 7, strike ``not to exceed 10 percent of''.
______

SA 3595. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 39, between lines 5 and 6, insert the following:
Sec. 515. Of the amount appropriated by title II for the
Office of the Under Secretary for Border and Transportation
Security under the heading ``air and marine interdiction,
operations, maintenance, and procurement'', $5,000,000 shall
be available for a pilot project to test interoperable
communications between the first Northern Border Air Wing,
Bellingham, Washington, and local law enforcement personnel.
______

SA 3596. Mrs. MURRAY (for herself, Mr. Nelson of Florida, Mrs.
Clinton, Mr. Schumer, Ms. Mikulski, Mr. Kennedy, Mrs. Boxer, Ms.
Cantwell, Mr. Graham of Florida, Ms. Landrieu, Mr. Dodd, and Mr.
Lieberman) submitted an amendment intended to be proposed by her to the
bill H.R. 4567, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2005, and for other
purposes; as follows:

On page 39, between lines 5 and 6, insert the following new
section:
Sec. 515. The total amount appropriated by title III for
the Office of State and Local Government Coordination and
Preparedness under the heading ``state and local programs''
is hereby increased by $300,000,000. Of such total amount, as
so increased, $1,500,000,000 shall be available for
discretionary grants for use in high-threat, high-density
urban areas, as determined by the Secretary of Homeland
Security, of which $450,000,000 shall be available for port
security grants.
______

SA 3597. Mr. BYRD (for himself, Mr. Leahy, Mr. Reid, Mrs. Clinton,
Mr. Rockefeller, Mr. Daschle, Mr. Lieberman, Mr. Kennedy, and Mr.
Corzine) proposed an amendment to the bill H.R. 4567, making
appropriations for the Department of Homeland

[[Page S9040]]

Security for the fiscal year ending September 30, 2005, and for other
purposes; as follows:

At the appropriate place in the bill insert the following:

TITLE VI--ADDRESSING KNOWN VULNERABILITIES

OFFICE OF THE UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY

CUSTOMS AND BORDER PROTECTION SALARIES AND EXPENSES

For an additional amount for ``Customs and Border
Protection, Salaries and Expenses'', $100,000,000, to remain
available until September 30, 2006, of which not less than
$50,000,000 shall be for purchase and deployment of radiation
portal monitors, and not less than $50,000,000 shall be for
staffing at the northern border in fulfillment of the USA
PATRIOT Act and the Enhanced Border Security Act.

IMMIGRATION AND CUSTOMS ENFORCEMENT SALARIES AND EXPENSES

For an additional amount for ``Immigration and Customs
Enforcement, Salaries and Expenses,'' $11,000,000, to remain
available until expended, for detentions and removals.

FEDERAL AIR MARSHALS

For an additional amount for the Federal Air Marshals,
$50,000,000.

TRANSPORTATION SECURITY ADMINISTRATION AVIATION SECURITY

For an additional amount for necessary expenses of the
Transportation Security Administration related to aviation
security services pursuant to the Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597),
$100,000,000, to remain available until expended, for
activities related to screening passengers and carry-on
baggage for explosives.

TRANSPORTATION SECURITY ADMINISTRATION MARITIME AND LAND SECURITY

For an additional amount for necessary expenses of the
Transportation Security Administration related to maritime
and land transportation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71;
115 Stat. 597), $4,000,000, for hazardous materials security
grants.

UNITED STATES COAST GUARD ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ``Acquisition, Construction,
and Improvements,'' $324,000,000, to remain available until
September 30, 2009, for the Integrated Deepwater Systems
program.

OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND PREPAREDNESS

state and local programs

For additional amounts for ``State and Local Programs,''
$665,000,000: Provided, That of the amounts made available
under this heading: $440,000,000 shall be for discretionary
grants for use in high-threat, high-density urban areas as
determined by the Secretary of Homeland Security;
$125,000,000 shall be for port security grants; and
$100,000,000 shall be for grants for interoperable
communications equipment.

security enhancements for high-risk non-profit organizations

For discretionary assistance to non-profit organizations
(as defined under section 501(c)(3) of the Internal Revenue
Code of 1986) determined to be at high-risk of international
terrorist attack, $50,000,000.

mass transit and rail security

For necessary expenses related to mass transit, freight and
passenger rail security grants, including security grants for
AMTRAK, a backup communications facility for the Washington
Area Metropolitan Transit Authority, security upgrades for
various rail tunnels, research and development of rail
security methods and technology, capital construction, and
operating requirements, $350,000,000.

firefighter assistance grants

For an additional amount for ``Firefighter Assistance
Grants,'' $46,000,000, to remain available until September
30, 2006.

EMERGENCY PREPAREDNESS AND RESPONSE

firefighter hiring grants

For activities authorized by section 34 of The Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$100,000,000, to remain available until expended.

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

assessments and evaluations

For an additional amount for ``Assessments and
Evaluations'', $200,000,000, to remain available until
September 30, 2006, of which $100,000,000 shall be available
for chemical facility security improvements; of which
$100,000,000 shall be available for grants to States,
municipalities, or intermunicipal or interstate agencies for
security improvements to address known vulnerabilities to
water systems.
______

SA 3598. Mr. ENSIGN (for himself, Mr. Bond, Mr. Reid, Mr. Kyl, Mr.
Cornyn, Mrs. Hutchison, Mr. Corzine, Mr. Nelson of Florida, Mr.
Chambliss, Mr. Miller, Mr. Graham of Florida, Mr. Burns, Mr. Roberts,
Mrs. Feinstein, Mrs. Boxer, Mrs. Clinton, Mr. Warner, Mr. Durbin, Ms.
Landrieu, Mr. Campbell, and Mr. Allen) submitted an amendment intended
to be proposed by him to the bill H.R. 4567, making appropriations for
the Department of Homeland Security for the fiscal year ending
September 30, 2005, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 10, line 25, strike ``$1,437,460,000''
and all that follows through ``presence'' on page 11, line 3,
and insert the following: ``$1,512,460,000 shall be for
baggage screening activities, of which $210,000,000 shall be
available only for procurement of checked baggage explosive
detection systems and $75,000,000 shall be available only for
installation of checked baggage explosive detection systems;
and not to exceed $796,890,000 shall be for airport security
direction and enforcement presence, of which $217,890,000
shall be available for airport information technology''.
______

SA 3599. Mr. ALEXANDER (for himself and Mr. Coleman) submitted an
amendment intended to be proposed by him to the bill H.R. 4567, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes; which was
ordered to lie on the table; as follows:

On page 39, between lines 5 and 6, insert the following new
section:
Sec. 515. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
______

SA 3600. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 39, between lines 5 and 6, insert the following new
section:
Sec. 515. (a) The Secretary of Homeland Security, acting
through the Director of the Bureau of Citizenship and
Immigration Services, is authorized to establish the United
States Citizenship Foundation, an organization duly
incorporated in the District of Columbia, exclusively for
charitable and educational purposes to support the functions
of the Office of Citizenship for the Bureau of Citizenship
and Immigration Services described in section 451(f)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)).
(b) The United States Citizenship Foundation is authorized
to solicit, accept, and make gifts of money and other
property and to apply for status as an organization described
in section 501(c)(3) of the Internal Revenue code of 1986 and
exempt from taxation under section 501(a) of such Code.
(c) The Chief of the Office of Citizenship for the Bureau
of Citizenship and Immigration Services, or such other
official of the Department of Homeland Security as the
Secretary of Homeland Security may direct, shall serve as a
nonvoting member of the board of directors of the United
States Citizenship Foundation and as the primary liaison
between the Department of Homeland Security and the
Foundation.
(d) For necessary expenses for the establishment of the
United States Citizen Foundation, $100,000, to remain
available until September 30, 2006.
______

SA 3601. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 4567, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 21, line 4, insert ``Provided further, That each
State, upon determining how grant funds provided under this
heading will be allocated among units of local government
within the State, shall notify each United States Senator and
Member of Congress representing that State of such
determination before making any public announcement of such
grant allocations to units of local government:'' after
``Homeland Security:''.
______

SA 3602. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 3, between lines 13 and 14, insert the following:
Sec. 101. (a) Not later than 180 days after the end of
fiscal year 2005, the Secretary of Homeland Security shall
submit a report to Congress that describes the articles,
materials, and supplies acquired by the Department of
Homeland Security during fiscal year 2005 that were
manufactured outside of the United States.

[[Page S9041]]

(b) The report submitted under subsection (a) shall
separately indicate--
(1) the dollar value of each of the articles, materials,
and supplies acquired by the Department of Homeland Security
that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total funds spent by the Department of
Homeland Security on goods manufactured within the United
States compared with funds spent by the Department of
Homeland Security on goods manufactured outside of the United
States.
(c) The Secretary of Homeland Security shall make the
report submitted under this section publicly available to the
maximum extent practicable.
______

SA 3603. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 39, between lines 5 and 6, insert the following:
Sec. 515. (a) Congress finds that (1) there is a
disproportionate number of complaints against the
Transportation Security Administration for alleged violations
of equal employment opportunity and veterans' preference laws
as those laws apply to employment of personnel in airport
screener positions in the Transportation Security
Administration, and (2) there is a significant backlog of
those complaints remaining unresolved.
(b)(1) Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the personnel policies of the
Department of Homeland Security that apply to the employment
of airport screeners in the Transportation Security
Administration, particularly with regard to compliance with
equal employment opportunity and veterans' preference laws.
(2) The report under this subsection shall include an
assessment of the extent of compliance of the Transportation
Security Administration with equal employment opportunity and
veterans' preference laws as those laws apply to employment
of personnel in airport screener positions in the
Transportation Security Administration, a discussion of any
systemic problems that could have caused the circumstances
giving rise to the disproportionate number of complaints
described in subsection (a), and the efforts of the Secretary
of Homeland Security and the Under Secretary for Border and
Transportation Security to eliminate the backlog of
unresolved complaints and to correct any systemic problems
identified in the report.
(3) In conducting the review necessary for preparing the
report, the Comptroller General shall examine the experience
regarding the airport screener positions at particular
airports in various regions, including the Louis Armstrong
New Orleans International Airport.
______

SA 3604. Mr. DODD (for himself, Ms. Stabenow, Mr. Kennedy, Mr. Levin,
Mr. Daschle, and Mr. Corzine) proposed an amendment to the bill H.R.
4567, making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2005, and for other purposes; as
follows:

On page 19, line 17, strike ``$2,845,081,000'' and insert
``$11,552,000,000''.
On page 21, strike lines 14 through 20 and insert the
following:

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by sections
33 and 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229 and 2229a), to remain available until
September 30, 2006, $4,000,000,000, of which $3,000,000,000
shall be available for necessary expenses for programs
authorized by section 33 of such Act and $1,000,000,000 shall
be available for necessary expenses for programs authorized
by section 34 of such Act: Provided, That not to exceed 5
percent of the amount provided for the programs under each
such section shall be available for program administration.
On page 22, line 3, strike ``$180,000,000'' and insert
``$660,000,000''.
On page 28, line 21, strike ``$181,440,000'' and insert
``$690,994,000''.
On page 39, between lines 5 and 6, insert the following:
Sec. 515. The total amount appropriated by title III for
the Office of the Under Secretary for Emergency Preparedness
and Response under the headings ``preparedness, mitigation,
response, and recovery'', ``administrative and regional
operations'', and ``public health programs'' is hereby
increased by $2,845,766,000.
Sec. 516. The Secretary of the Treasury shall take such
action as is necessary to reduce benefits provided by the
Economic Growth and Tax Relief Reconciliation Act of 2001 to
individuals with an adjusted gross income of $1,000,000 or
more that will result in an increase in revenue sufficient to
offset the increased funding provided for the first responder
and other programs by this amendment.
______

SA 3605. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 4567, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 30, line 15, strike the period and insert the
following: ``Provided further, That before a Federal agency
approves a liquefied natural gas marine terminal, the
Protective Security Division of the Directorate of
Information Analysis and Infrastructure Protection of the
Department of Homeland Security shall conduct a field
assessment of the vulnerability of the proposed terminal site
and devise a buffer zone protection plan for the proposed
terminal and associated coastal waterways.''.
______

SA 3606. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 4567, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 6, line 2, strike the period and insert ``:
Provided further, That of the total amount provided, not less
than $4,750,000 shall be for the enforcement of the textile
transshipment provisions provided for in chapter 5 of title
III of the Customs Border Security Act of 2002 (Public Law
107-210; 116 Stat. 988 et seq.).''.

On page 8, line 18, strike the period and insert ``:
Provided further, That of the total amount provided for, not
less than $4,750,000 shall be for the enforcement of the
textile transshipment provisions provided for in chapter 5 of
title III of the Customs Border Security Act of 2002 (Public
Law 107-210; 116 Stat. 988 et seq.).''.
______

SA 3607. Mr. NELSON of Florida (for himself and Mr. Graham of
Florida) proposed an amendment to the bill H.R. 4567, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes; as follows:

On page 25, lines 6 and 7, strike ``$2,151,000,000, to
remain available until expended'' and insert ``$2,221,000,000
to remain available until expended, of which $70,000,000 is
designated by Congress as an emergency requirement under
section 502(c) of H. Con. Res. 95 (108th Cong.) and shall be
made available for a grant to the American Red Cross for
disaster relief, recovery expenditures, and emergency
services in response to Tropical Storm Bonnie, Hurricane
Charley, and Hurricane Frances''.
______

SA 3608. Mr. ALEXANDER (for himself, Mr. Coleman, Mr. Ensign, Mr.
Enzi, Mr. Allen, Mr. Bunning, Mr. Schumer, and Ms. Landrieu) proposed
an amendment to the bill H.R. 4567, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2005, and for other purposes; as follows:

On page 39, between lines 5 and 6, insert the following new
section:
Sec. 515. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
______

SA 3609. Mrs. BOXER (for herself, Mrs. Feinstein, Mr. Reid, Mr.
Levin, Mrs. Clinton, Mr. Rockefeller, and Mr. Corzine) proposed an
amendment to the bill H.R. 4567, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2005, and for other purposes; as follows:

On page 19, line 17, strike ``$2,845,081,000'' and all that
follows through line 22, and insert the following:
``$2,915,081,000, which shall be allocated as follows:
``(1) $970,000,000 for formula-based grants and
$470,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C.
3714), of which $70,000,000 shall be used by States, units of
local government, local law enforcement agencies, and local
fire departments to purchase or improve communication systems
to allow for real-time, interoperable communication between
State and local first responders: Provided, That the amount
appropriated under title I for the Human Resources Account of
the Office of the Under Secretary for Management shall be
reduced by $70,000,000: Provided further, That''.
______

SA 3610. Mr. ALLEN (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill H.R. 4567, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. INVESTIGATION OF SHOCKOE CREEK DRAIN FIELD,
RICHMOND, VIRGINIA.

As soon as practicable after the date of enactment of this
Act, the Director of the Federal Emergency Management Agency
shall

[[Page S9042]]

conduct an investigation of the Shockoe Creek drain field in
Richmond, Virginia, to determine means of preventing future
damage in that area from floods and other natural disasters.
______

SA 3611. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill H.R. 4567, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; which was ordered to lie on the table; as follows:

On page 39, between lines 5 and 6, insert the following:
Sec. 515. Notwithstanding any other provision of law, the
fiscal year 2004 aggregate overtime limitation prescribed in
subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
261 and 267) shall be $30,000 and the total amount
appropriated by title II under the heading ``Customs and
Border Protection Salaries and Expenses'' is hereby reduced
by $1,000,000.
______

SA 3612. Mr. HARKIN (for himself and Mr. Biden) proposed an amendment
to the bill H.R. 4567, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. HAZARD MITIGATION.

Section 404(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended
in the second sentence by striking ``7.5 percent'' and
inserting ``15 percent''.
______

SA 3613. Mr. VOINOVICH (for himself, Ms. Snowe, Mr. Harkin, Mr.
Dewine, Mr. Feingold, and Mr. Jeffords) submitted an amendment intended
to be proposed by him to the bill H.R. 4567, making appropriations for
the Department of Homeland Security for the fiscal year ending
September 30, 2005, and for other purposes; which was ordered to lie on
the table; as follows:

On page 2, line 17, strike ``$245,579,000'' and insert
``$221,579,000''.
On page 13, line 18, strike ``$534,852,000'' and insert
``$508,852,000''.
On page 19, line 12, strike ``$25,000,000'' and insert
``19,000,000''.
On page 22, line 3, strike ``$180,000,000'' and insert
``$236,000,000''.
______

SA 3614. Ms. COLLINS (for herself and Mr. Pryor) submitted an
amendment intended to be proposed by her to the bill H.R. 4567, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes; which was
ordered to lie on the table; as follows:

On page 19, line 22, strike the colon and insert the
following: ``, of which $50,000,000 shall be used for grants
to identify, acquire, and transfer homeland security
technology, equipment, and information to State and local law
enforcement agencies:''
______

SA 3615. Mr. SCHUMER (for himself, Mrs. Clinton, and Mr. Corzine)
proposed an amendment to the bill H.R. 4567, making appropriations for
the Department of Homeland Security for the fiscal year ending
September 30, 2005, and for other purposes; as follows:

Purpose: To appropriate $100,000,000 to establish an identification and
tracking system for HAZMAT trucks and a background check system for
commercial driver licenses.

On page 13, between lines 18 and 19, insert the following:

Ground Transportation

For necessary expenses of the Transportation Security
Administration to establish an identification and tracking
system for HAZMAT trucks and a background check system for
commercial driver licenses, $100,000,000.On page 2, line 17,
strike $245,579,000 and insert ``$175,579.000''.

____________________