S.Amdt. 3636Senate108th Congress (2003-2005)

To provide emergency disaster assistance to agricultural producers in Florida and other States due to losses from hurricanes, droughts, freezes, floods, and other natural disasters.

Sponsored by Max BaucusSen. Max Baucus (D-MT)
Submitted September 14, 2004

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Senate amendment submitted

September 14, 2004

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Senate amendment submitted

September 14, 2004

Floor

Senate amendment proposed (on the floor): Amendment SA 3636 proposed by Senator Baucus.(consideration: CR S9184-9187, S9200, S9201; text: CR S9184-9185)

September 14, 2004

Floor

Senate amendment agreed to: Amendment SA 3636 agreed to in Senate by Voice Vote.

September 14, 2004

Floor

Amendment SA 3636 proposed by Senator Baucus. (consideration: CR S9184-9187, S9200, S9201; text: CR S9184-9185) To provide emergency disaster assistance to agricultural producers in Florida and other States due to losses from hurricanes, droughts, freezes, floods, and other natural disasters.

September 14, 2004

Floor

Amendment SA 3636 agreed to in Senate by Voice Vote.

September 14, 2004

Text

Submitted

TEXT OF AMENDMENTS

SA 3630. Mr. DODD (for himself, Mr. Specter, Mr. Harkin, Mr. Levin,
Mr. Sarbanes, Mr. Kennedy, Mr. Daschle, Mr. Schumer, Mrs. Clinton, and
Mr. Reid) 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 21, between lines 20 and 21, insert the following:

Fire Department Staffing Assistance Grants

For necessary expenses for programs authorized by section
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a), to remain available until September 30, 2006,
$100,000,000: Provided, That not to exceed 5 percent of this
amount shall be available for program administration:
Provided, further, That the amount appropriated by title I
under the heading ``Office of the Under Secretary for
Management'' is hereby reduced by $70,000,000, the amount
appropriated by title IV under the heading ``Information
Analysis and Infrastructure Protection Management and
Administration'' is hereby reduced by $20,000,000, and the
amount appropriated by title IV under the heading ``Science
and Technology Management and Administration'' is hereby
reduced by $10,000,000.
______

SA 3631. Mrs. CLINTON (for herself, Mrs. Feinstein, Mr. Dodd, and Mr.
Schumer) 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 21, insert ``, which shall be allocated
based on factors such as threat, vulnerability, population,
population density, the presence of critical infrastructure,
and other factors that the Secretary considers appropriate,''
after ``grants''.
______

SA 3632. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Kennedy, and Mr.
Corzine) 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:
Sec. 515.
(a) It is the sense of the Senate that in allocating Urban
Area Security Initiative funds to high-threat, high-density
urban areas, the Secretary of Homeland Security should ensure
that urban areas that face the greatest threat receive Urban
Area Security Initiative resources commensurate with that
threat.
(b) The amount appropriated to the Office of State and
Local Government Coordination and Preparedness for the fiscal
year ending September 30, 2005, for discretionary grants for
use in high-threat, high-density urban areas under title III
of this Act is increased by $625,000,000.
______

SA 3633. 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; as follows:

On page 14, line 19, strike the period and insert the
following: ``: Provided further, That not later than 90 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on Transportation and Infrastructure of the House of
Representatives, a report on opportunities for integrating
the process by which the Coast Guard issues letters of
recommendation for proposed liquefied natural gas marine
terminals, including the elements of such process relating to
vessel transit, facility security assessment and facility
security plans under the Maritime Transportation Security
Act, and the process by which the Federal Energy Regulatory
Commission issues permits for such terminals under the
National Environmental Policy Act: Provided further, That the
report shall include an examination of the advisability of
requiring that activities of the Coast Guard relating to
vessel transit, facility security assessment and facility
security plans under the Maritime Transportation Security Act
be completed for a proposed liquefied natural gas marine
terminal before a final environmental impact statement for
such terminal is published under the Federal Energy
Regulatory Commission process.''.
______

SA 3634. Mrs. BOXER 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. Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter, the
Secretary of Homeland Security shall provide to the Committee
on Commerce, Science, and Transportation and the Subcommittee
on Homeland Security of the Committee on Appropriations of
the Senate, a classified report on the number of individuals
serving as Federal Air Marshals. Such report shall include
the number of Federal Air Marshals who are women, minorities,
or employees of departments or agencies of the United States
Government other than the Department of Homeland Security,
the percentage of domestic and international flights that
have a Federal Air Marshal aboard, and the rate at which
individuals are leaving service as Federal Air Marshals.
______

SA 3635. Mr. FEINGOLD (for himself and Mr. Leahy) 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. __. DATA-MINING REPORT.

(a) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government;
(B) the search does not use a specific individual's
personal identifiers to acquire information concerning that
individual; and
(C) a department or agency of the Federal Government or a
non-Federal entity acting on behalf of the Federal Government
is conducting the query or search or other analysis to find a
pattern indicating terrorist, criminal, or other law
enforcement related activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
(b) Reports on Data-Mining Activities.--
(1) Requirement for report.--The head of each agency in the
Department of Homeland Security or the privacy officer, if
applicable, that is engaged in any activity to use or develop
data-mining technology shall each submit a public report to
Congress on all such activities of the agency under the
jurisdiction of that official.
(2) Content of report.--A report submitted under paragraph
(1) shall include, for each activity to use or develop data-
mining technology that is required to be covered by the
report, the following information:
(A) A thorough description of the data-mining technology,
the plans for the use of such technology, the data that will
be used, and the target dates for the deployment of the data-
mining technology.
(B) An assessment of the likely impact of the
implementation of the data-mining technology on privacy and
civil liberties.
(C) A thorough discussion of the policies, procedures, and
guidelines that are to be developed and applied in the use of
such technology for data-mining in order to--
(i) protect the privacy and due process rights of
individuals; and
(ii) ensure that only accurate information is collected and
used.
(D) Any necessary classified information in an annex that
shall be available to the Committee on Governmental Affairs,
the Committee on the Judiciary, and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee
on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be submitted not

[[Page S9233]]

later than 90 days after the end of fiscal year 2005.
______

SA 3636. Mr. BAUCUS (for himself, Mr. Burns, Mr. Conrad, Mr. Roberts,
Mr. Dorgan, Mr. Brownback, Mr. Nelson of Nebraska, Mr. Hagel, Mr.
Coleman, Mr. Dayton, Mrs. Clinton, Mrs. Murray, Ms. Stabenow, Mr.
Johnson, Mr. Daschle, and Mr. Levin) 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:

TITLE __--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

SEC. __01. CROP DISASTER ASSISTANCE.

(a) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for
which the producers on a farm are eligible to obtain a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on
a farm are eligible to obtain assistance under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Emergency Financial Assistance.--Notwithstanding
section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(7)), the Secretary of Agriculture (referred to in
this title as the ``Secretary'') shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make emergency financial assistance authorized under this
section available to producers on a farm that have incurred
qualifying crop or quality losses for the 2003 or 2004 crop
(as elected by a producer), but not both, due to damaging
weather or related condition, as determined by the Secretary.
(c) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including
using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(d) Reduction in Payments.--The amount of assistance that a
producer would otherwise receive for a qualifying crop or
quality loss under this section shall be reduced by the
amount of assistance that the producer receives under the
crop loss assistance program announced by the Secretary on
August 27, 2004.
(e) Ineligibility for Assistance.--Except as provided in
subsection (f), the producers on a farm shall not be eligible
for assistance under this section with respect to losses to
an insurable commodity or noninsurable commodity if the
producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses; and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses.
(f) Contract Waiver.--The Secretary may waive subsection
(e) with respect to the producers on a farm if the producers
enter into a contract with the Secretary under which the
producers agree--
(1) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(2) in the case of a noninsurable commodity, to file the
required paperwork and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next 2 crops under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(g) Effect of Violation.--In the event of the violation of
a contract under subsection (f) by a producer, the producer
shall reimburse the Secretary for the full amount of the
assistance provided to the producer under this section.

SEC. __02. LIVESTOCK ASSISTANCE PROGRAM.

(a) In General.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make and administer payments for livestock losses to
producers for 2003 or 2004 losses (as elected by a producer),
but not both, in a county that has received an emergency
designation by the President or the Secretary after January
1, 2003, of which an amount determined by the Secretary shall
be made available for the American Indian livestock program
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
(b) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
(c) Mitigation.--In determining the eligibility for or
amount of payments for which a producer is eligible under the
livestock assistance program, the Secretary shall not
penalize a producer that takes actions (recognizing disaster
conditions) that reduce the average number of livestock the
producer owned for grazing during the production year for
which assistance is being provided.

SEC. __03. TREE ASSISTANCE PROGRAM.

The Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to provide
assistance under the tree assistance program established
under subtitle C of title X of the Farm Security and Rural
Investment Act of 2002 to producers who suffered tree losses
during the winter of 2003 through 2004.

SEC. __04. COMMODITY CREDIT CORPORATION.

The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this title.

SEC. __05. REGULATIONS.

(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard
to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.

SEC. __06. EMERGENCY DESIGNATION.

Amounts appropriated or otherwise made available in this
title are each designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H. Res.
649 (108th Congress) and applicable to the Senate by section
14007 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1014).
______

SA 3637. Mr. DASCHLE 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 25, between lines 7 and 8, insert the following:

assistance for prairie dog overpopulation and grassland revegetation

For projects and activities of the Nebraska National Forest
relating to the control of prairie dog overpopulation and
development of a long-term strategy for control and
revegetation of national grasslands, $2,000,000, to be
derived by transfer from the Vegetation and Watershed
Management Account of the Forest Service and to be available
without regard to any requirement for a statement or
analysis: Provided, That the amount appropriated under this
heading is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section
14007 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1014).
______

SA 3638. Mr. HATCH (for himself and Mr. Leahy) 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. __. None of the funds available in this Act shall be
available to maintain the United States Secret Service as
anything but a distinct entity within the Department of
Homeland Security and shall not be used to merge the United
States Secret Service with any other department function,
cause any personnel and operational elements of the United
States Secret Service to report to an individual other than
the Director of the United States Secret Service, or cause
the Director to report directly to any individual other than
the Secretary of Homeland Security.
______

SA 3639. Mr. BINGAMAN (for himself and Mr. Domenici) proposed an
amendment to the bill H.R. 4567, making appropriations for the
Department of Homeland Security for the fiscal year

[[Page S9234]]

ending September 30, 2005, and for other purposes; as follows:

On page 39, between lines 5 and 6, insert the following:
Sec. 515. During fiscal year 2005 the Secretary of Homeland
Security and the Secretary of Defense shall permit the New
Mexico Army National Guard to continue performing vehicle and
cargo inspection activities in support of the Bureau of
Customs and Border Protection and the Bureau of Immigration
and Customs Enforcement under the authority of the Secretary
of Defense to support counterdrug activities of law
enforcement agencies.
______

SA 3640. Mrs. BOXER 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. 5  . No funds appropriated or otherwise made available
by this Act shall be used to pursue, implement, or enforce
any law, procedure, guideline, rule, regulation, or other
policy that exposes the identity of an air marshal to any
party not designated by the Secretary of the Department of
Homeland Security.
______

SA 3641. Mrs. BOXER (for herself, Mr. Carper, and Mrs. Clinton)
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 20, line 14, strike ``rail'' and insert ``inter-
city passenger rail transportation (as defined in section
24102(5) of title 49, United States Code), freight rail,''.
______

SA 3642. Mrs. BOXER (for herself and Mr. Schumer) 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. (a) The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and
Technology, shall prepare a report on protecting commercial
aircraft from the threat of man-portable air defense systems
(referred to in this section as ``MANPADS'').
(b) The report required by subsection (a) shall include the
following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility of
the systems to protect commercial aircraft under
consideration by the Under Secretary for Science and
Technology for use in phase II of the counter-MANPADS
development and demonstration program.
(4) A justification for the schedule of the implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of
technology or systems on commercial aircraft to address such
threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use
on commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial aircraft will be
equipped with such technology or systems;
(ii) any efforts to coordinate the schedules for installing
such technology or system with private airlines;
(iii) any efforts to ensure that aircraft manufacturers
integrate such technology or systems into new aircraft; and
(iv) the cost to operate and support such technology or
systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the
threat posed by MANPADS if intelligence or events indicate
that the schedule for the use of such technology or systems,
including the schedule for carrying out development and
demonstration programs by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign
airports where commercial aircraft are most vulnerable to
attack by MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration
to certify the airworthiness and safety of technology and
systems to protect commercial aircraft from the risk posed by
MANPADS in an expeditious manner.
(c) The report required by subsection (a) shall be
transmitted to Congress along with the budget for fiscal year
2006 submitted by the President pursuant to section 1105(a)
of title 31, United States Code.
______

SA 3643. Mr. ROBERTS 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. __. SENSE OF THE SENATE CONCERNING THE AMERICAN RED
CROSS AND CRITICAL BIOMEDICAL SYSTEMS.

(a) Findings.--The Senate finds that--
(1) the blood supply is a vital public health resource that
must be readily available at all times, particularly in
response to terrorist attacks and natural disasters;
(2) the provision of blood is an essential part of the
critical infrastructure of the United States and must be
protected from threats of terrorism;
(3) disruption of the blood supply or the compromising of
its integrity could have wide-ranging implications on the
ability of the United States to react in a crisis; and
(4) the need exists to ensure that blood collection
facilities maintain adequate inventories to prepare for
disasters at all times in all locations.
(b) Sense of the Senate.--It is the sense of the Senate
that the Department of Homeland Security's Information
Analysis and Infrastructure Protection should consult with
the American Red Cross to--
(1) identify critical assets and interdependencies;
(2) perform vulnerability assessments; and
(3) identify necessary resources to implement protective
measures to ensure continuity of operations and security of
information technology systems for blood and blood products.
______

SA 3644. Ms. MURKOWSKI (for herself, Mr. Inouye, and Mr. Stevens)
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:

At the appropriate place, insert the following:

SEC. __. DISASTER ASSISTANCE EMPLOYEE CADRES OF EMERGENCY
PREPAREDNESS AND RESPONSE DIRECTORATE.

(a) In General.--The Secretary of Homeland Security is
encouraged to place special emphasis on the recruitment of
American Indians, Alaska Natives, and Native Hawaiians for
positions within Disaster Assistance Employee cadres
maintained by the Emergency Preparedness and Response
Directorate.
(b) Report.--The Secretary of Homeland Security shall
report periodically to the Senate and the House of
Representatives with respect to--
(1) the representation of American Indians, Alaska Natives,
and Native Hawaiians in the Disaster Assistance Employee
cadres; and
(2) the efforts of the Secretary of Homeland Security to
increase the representation of such individuals in the
cadres.
______

SA 3645. 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; 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 may 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 3646. Mr. TALENT (for himself and Mr. Bond) 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:

[[Page S9235]]

On page 39, between lines 5 and 6, insert the following:
Sec. 515. It is the sense of the Senate that--
(1) the Director of the Office for State and Local
Government Coordination and Preparedness be given limited
authority to approve requests from the senior official
responsible for emergency preparedness and response in each
State to reprogram funds appropriated for the State Homeland
Security Grant Program of the Office for State and Local
Government Coordination and Preparedness to address specific
security requirements that are based on credible threat
assessments, particularly threats that arise after the State
has submitted an application describing its intended use of
such grant funds;
(2) for each State, the amount of funds reprogrammed under
this section should not exceed 10 percent of the total annual
allocation for such State under the State Homeland Security
Grant Program; and
(3) before reprogramming funds under this section, a State
official described in paragraph (1) should consult with
relevant local officials.
______

SA 3647. Ms. STABENOW (for herself, Mr. Craig, and Mr. Levin)
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:

On page 21, line 4, insert ``Provided further, That funds
under this heading may be used to provide a reasonable
stipend to part-time and volunteer first responders who are
not otherwise compensated for travel to or participation in
terrorism response courses approved by the Office for
Domestic Preparedness, which stipend shall not be paid if
such first responder is otherwise compensated by an employer
for such time and shall not be considered compensation for
purposes of rendering such first responder an employee under
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.):'' after ``Homeland Security:''.
______

SA 3648. Mr. SHELBY 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:

On page 16, line 4, before the period at the end, insert
the following: ``: Provided, further, That the budget for
fiscal year 2006 that is submitted under section 1105(a) of
title 31, United States Code, may include an amount for the
Coast Guard that is sufficient to fund delivery of a long-
term maritime patrol aircraft capability that is consistent
with the original procurement plan for the CN-235 aircraft
beyond the three aircraft already funded in previous fiscal
years''.
______

SA 3649. Mr. BYRD (for himself, Mr. Levin, Mr. Bingaman, and Mr.
Feingold) 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:

TRANSPORTATION SECURITY ADMINISTRATION

aviation security

For an additional amount for necessary expenses of the
Transportation Security Administration relating to aviation
security services pursuant to the amendments made by the
Aviation and Transportation Security Act (115 Stat. 597),
$70,000,000, to remain available until expended, for
activities relating to screening passengers and carry-on
baggage for explosives.

UNITED STATES COAST GUARD

operating expenses

For an additional amount for ``Operating Expenses,''
$20,000,000, for non-homeland security missions (as defined
in section 888(a) of the Homeland Security Act of 2002 (6
U.S.C. 468(a))).

acquisition, construction, and improvements

For an additional amount for ``Acquisition, Construction,
and Improvements,'' $80,000,000, 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,''
$225,000,000: Provided, That of the amounts made available
under this heading, $100,000,000 shall be available for
discretionary grants for use in high-threat, high-density
urban areas as determined by the Secretary of Homeland
Security, and $125,000,000 shall be for port security grants.

mass transit and rail security

For necessary expenses relating to mass transit, freight
and passenger rail security grants, including security grants
for the National Railroad Passenger Corporation, 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, $75,000,000.

SEC. __. PROHIBITION ON ACQUISITION OF PETROLEUM PRODUCTS FOR
STRATEGIC PETROLEUM RESERVE.

(a) Funding Prohibition.--None of the funds made available
by this Act or any other Act may be used during fiscal year
2005 to acquire petroleum products for storage in the
Strategic Petroleum Reserve.
(b) Amounts of Oil Currently Under Contract for Delivery.--
The Secretary of the Interior shall sell, in fiscal year
2005, any petroleum products under contract, as of the date
of enactment of this Act, for delivery to the Strategic
Petroleum Reserve in that fiscal year.
______

SA 3650. Mr. BAYH (for himself and Mr. Lugar) 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:

At the end, add the following:
Sec. __. The total amount appropriated by title II for the
Pre-Disaster Mitigation Fund under the heading ``mitigation
grants'' is hereby increased by $10,654,000. Of such total
amount, as so increased, $10,654,000 is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of the Department
of Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 1014) and shall be available for for the purchase of
flood-damaged homes in northeastern Indiana.
______

SA 3651. Mrs. CLINTON (for herself and Mr. Schumer) 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:
Sec. 515. (a) Of any funds previously made available to the
Federal Emergency Management Agency in response to the
September 11, 2001, attacks in New York City, not less than
$4,450,000 shall be provided, subject to the request of the
Governor of New York, to those mental health counseling
service entities that have historically provided mental
health counseling through Project Liberty to personnel of the
New York City Police Department, the New York City Fire
Department, and other emergency services agencies, to
continue such counseling.
______

SA 3652. 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:

At the appropriate place, insert the following:

TITLE __--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

SEC. __. CROP LOSSES.

In addition to amounts otherwise made available under this
Act, there is appropriated $560,000,000, to remain available
until expended, for the Commodity Credit Corporation Fund for
crop losses in excess of 25 percent of the expected
production of a crop (including nursery stock, citrus, dairy,
timber, vegetables, tropical fruit, clams and other
shellfish, tropical fish, poultry, sugar, hay, equines,
wildflower seed, sod, and honeybees and losses sustained by
packing houses) in the State of Florida resulting from
Hurricane Charley or Frances: Provided, That any producer of
crops and livestock in the State of Florida that has suffered
at least 25 percent loss to a crop covered by this section,
25 percent loss to livestock, and damage to building
structure in 2004, resulting from Hurricane Charley or
Frances, shall be eligible for emergency crop loss
assistance, emergency livestock feed assistance under the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471 et seq.), and loans and loan guarantees under subtitle C
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961 et seq.).

SEC. __. WATERSHED AND FLOOD PREVENTION OPERATIONS.

In addition to amounts otherwise made available under this
Act, there is appropriated $30,000,000, to remain available
until expended, for the emergency watershed protection
program established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) and related watershed and
flood prevention operations, an additional amount to repair
damage to the waterways and watersheds in the State of
Florida resulting from Hurricane Charley or Frances.

[[Page S9236]]

SEC. __. EMERGENCY CONSERVATION PROGRAM.

In addition to amounts otherwise made available under this
Act, there is appropriated $60,000,000, to remain available
until expended, for the emergency conservation program
established under title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.), an additional amount to repair
damage to farmland (including nurseries and structures) in
the State of Florida resulting from Hurricane Charley or
Frances.

SEC. __. AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT.

In addition to amounts otherwise made available under this
Act, there is appropriated $25,000,000, to remain available
until expended, for the Agricultural Credit Insurance Fund
program account for the cost of emergency insured loans for
costs in the State of Florida resulting from Hurricane
Charley or Frances.

SEC. __. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND
SEASONAL FARMWORKERS.

In addition to amounts otherwise made available under this
Act, there is appropriated $10,000,000, to remain available
until expended, for emergency grants to assist low-income
migrant and seasonal farmworkers under section 2281 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (42
U.S.C. 5177a): Provided, That the emergency services to be
provided may include such types of assistance as the
Secretary of Agriculture determines to be necessary and
appropriate (including repair of existing farmworker housing
and construction of new farmworker housing units, including
housing that may be used by H-2A workers) to replace housing
damaged as a result of Hurricane Charley or Frances.

SEC. __. RURAL HOUSING FOR DOMESTIC FARM LABOR.

In addition to amounts otherwise made available under this
Act, there is appropriated $10,000,000, to remain available
until expended, for rural housing for domestic farm labor for
the cost of repair and replacement of uninsured losses
resulting from natural disasters such as Hurricanes Charley
and Frances.

SEC. __. STATE AND PRIVATE FORESTRY.

In addition to amounts otherwise made available under this
Act, there is appropriated $5,000,000, to remain available
until expended, of which $2,500,000 shall be made available
for urban and community forestry and of which $2,500,000
shall be made available for wildland-urban interface fire
suppression efforts resulting from fuel loading from damaged
or destroyed tree stands in the State of Florida resulting
from Hurricane Charley or Frances.

SEC. __. EMERGENCY DESIGNATION.

The amounts appropriated in this title are designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of the Department
of Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 1014).
______

SA 3653. Mr. REID 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:

On page 12, line 23, insert before the last period ``:
Provided, That not to exceed $53,000,000 may be provided for
transportation worker identification credentialing and
$2,000,000 for tracking trucks carrying hazardous material''.
______

SA 3654. 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:

In section 515 (a) insert ``and the Committee on
Environment and Public Works of the Senate'' after
``Governmental Affairs''.
______

SA 3655. Mr. SCHUMER 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:

On page 7, line 16, strike ``$2,413,438,000,'' and insert
the following: ``$2,763,438,000, of which $200,000,000 shall
be reserved for the International Civil Aviation Organization
to establish biometric and document identification standards
to measure multiple immutable physical characteristics,
including fingerprints, eye retinas, and eye-to-eye width and
for the Department of Homeland Security to place multiple
biometric identifiers at each point of entry; of which
$50,000,000 shall be reserved for a program that requires the
government of each country participating in the visa waiver
program to certify that such country will comply with the
biometric standards established by the International Civil
Aviation Organization; of which $25,000,000 shall be reserved
for the entry and exit data systems of the Department of
Homeland Security to accommodate traffic flow increases; of
which $50,000,000 shall be reserved to integrate the entry
and exit data collection and analysis systems of the
Department of Homeland Security, the Department of State, and
the Department of Justice, including the Federal Bureau of
Investigation; of which $25,000,000 shall be reserved to
establish a uniform translation and transliteration service
for all ports of entry to identify the names of individuals
entering and exiting the United States;''.
______

SA 3656. Mr. SCHUMER (for himself, Mr. Sarbanes, Mr. Reed, Mrs.
Clinton, and Mr. Kennedy) 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 20, line 7, strike ``$1,200,000,000'' and insert
``$1,550,000,000''.
On page 20, line 13, strike ``$150,000,000'' and insert
``$500,000,000''.
______

SA 3657. Mr. COCHRAN (for Mr. Durbin (for himself and Mr. Akaka))
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:
Sec. 515. Sections 702 and 703 of the Homeland Security Act
of 2002 (6 U.S.C. 342 and 343) are amended by striking ``, or
to another official of the Department, as the Secretary may
direct'' each place it appears.
______

SA 3658. Mr. COCHRAN (for Mr. Domenici) 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.  --.

Section 208(a) of Public Law 108-137; 117 Stat. 1849 is
amended by striking ``current'' and inserting ``2005''.
______

SA 3659. Mr. COCHRAN (for Mr. Talent) 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. __. LIAISON FOR DISASTER EMERGENCIES.

(a) Deployment of Disaster Liaison.--If requested by the
Governor or the appropriate State agency of the affected
State, the Secretary of Agriculture may deploy disaster
liaisons to State and local Department of Agriculture Service
Centers in a federally declared disaster area whenever
Federal Emergency Management Agency Personnel are deployed in
that area, to coordinate Department programs with the
appropriate disaster agencies designated under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(b) Qualifications.--A disaster liaison shall be selected
from among Department employees who have experience providing
emergency disaster relief in federally declared disaster
areas.
(c) Duties.--A disaster liaison shall--
(1) serve as a liaison to State and Federal Emergency
Services;
(2) be deployed to a federally declared disaster area to
coordinate Department interagency programs in assistance to
agricultural producers in the declared disaster area;
(3) facilitate the claims and applications of agricultural
producers who are victims of the disaster that are forwarded
to the Department by the appropriate State Department of
Agriculture agency director; and
(4) coordinate with the Director of the State office of the
appropriate Department agency to assist with the application
for and distribution of economic assistance.
(d) Duration of Deployment.--The deployment of a disaster
liaison under subsection (a) may not exceed 30 days.
(e) Definition.--In this section, the term ``federally
declared disaster area'' means--
(1) an area covered by a Presidential declaration of major
disaster, including a disaster caused by a wildfire, issued
under section 301 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); or
(2) determined to be a disaster area, including a disaster
caused by a wildfire, by the Secretary under subpart A of
part 1945 of title 7, Code of Federal Regulations.

____________________