2001CRS11390B TEXT OF AMENDMENTS, Part 1/2
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[Congressional Record: November 1, 2001 (Senate)]
[Page S11390-S11396]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr01no01-96]
TEXT OF AMENDMENTS
SA 2056. Mr. GREGG (for himself, Mr. DeWine, and Mr. Enzi) proposed
an amendment to the bill H.R. 3061, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
Beginning on page 54, strike line 19 through ``and
renovation:'' on line 14, page 57, and insert the following:
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 as amended by H.R. 1 as passed by the
Senate on June 14, 2001 (``ESEA''); the McKinney-Vento
Homeless Assistance Act; and section 418A of the Higher
Education Act of 1965, $12,804,900,000, of which
$5,029,200,000 shall become available on July 1, 2002, and
shall remain available through September 30, 2003, and of
which $6,953,300,000 shall become available on October 1,
2002, and shall remain available through September 30, 2003,
for academic year 2002-2003: Provided, That $7,398,721,000
shall be available for basic grants under section 1124:
Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary of Education on October 1,
2001, to obtain updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,364,000,000 shall be available for concentration
grants under section 1124A: Provided further, That grant
awards under sections 1124 and 1124A of title I of the ESEA
shall be not less than the greater of 95 percent of the
amount each State and local educational agency received under
this authority for fiscal year 2001: Provided further, That
notwithstanding any other provision of law, grant awards
under 1124A of title I of the ESEA shall be made to those
local educational agencies that received a concentration
grant under the Department of Education Appropriations Act,
2001, but are not eligible to receive such a grant for fiscal
year 2002: Provided further, That $1,437,279,000 shall be
available for targeted grants under
[[Page S11391]]
section 1125 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6335).
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, as amended by
H.R. 1 as passed by the Senate on June 14, 2001,
$1,130,500,000, of which $954,000,000 shall be for basic
support payments under section 8003(b), $50,000,000 shall be
for payments for children with disabilities under section
8003(d), $68,000,000 shall be for formula grants for
construction under section 8007(a), $50,500,000 shall be for
Federal property payments under section 8002, and $8,000,000,
to remain available until expended, shall be for facilities
maintenance under section 8008.
School Improvement Programs
For carrying out school improvement activities authorized
by sections 1117A and 1229 and subpart 1 of part F of title I
and titles II, IV, V, VI, parts B and C of title VII, and
title XI of the Elementary and Secondary Education Act of
1965, as amended by H.R. 1 as passed by the Senate on June
14, 2001 (``ESEA''); and the Civil Rights Act of 1964;
$7,792,014,000, of which $240,750,000 shall become available
on July 1, 2002, and remain available through September 30,
2003, and of which $1,765,000,000 shall become available on
October 1, 2002, and shall remain available through September
30, 2003, for academic year 2002-2003: Provided, That
$28,000,000 shall be for part A of title XIII of the ESEA as
in effect prior to Senate passage of H.R. 1 to continue the
operation of the current Comprehensive Regional Assistance
Centers:
On page 69, strike lines 14 through ``2002''.
On line 6, page 73.
____
SA 2057. Mr. BROWNBACK submitted an amendment intended to be proposed
by him to the bill H.R. 3061, making appropriations for the Departments
of Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2002, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
TITLE HUMAN-GERMLINE GENE MODIFICATION
SEC. 01. SHORT TITLE.
This title may be cited as the ``Human Germline Gene
Modification Prohibition Act of 2001''.
SEC. 02. FINDINGS.
Congress makes the following findings:
(1) Human Germline gene modification is not needed to save
lives, or alleviate suffering, of existing people. Its target
population is ``prospective people'' who have not been
conceived.
(2) The cultural impact of treating humans as biologically
perfectible artifacts would be entirely negative. People who
fall short of some technically achievable ideal would be seen
as ``damaged goods'', while the standards for what is
genetically desirable will be those of the society's
economically and politically dominant groups. This will only
increase prejudices and discrimination in a society where too
many such prejudices already exist.
(3) There is no way to be accountable to those in future
generations who are harmed or stigmatized by wrongful or
unsuccessful human germline modifications of themselves or
their ancestors.
(4) The negative effects of human germline manipulation
would not be fully known for generations, if ever, meaning
that countless people will have been exposed to harm probably
often fatal as the result of only a few instances of germline
manipulations.
(5) All people have the right to have been conceived,
gestated, and born without genetic manipulation.
SEC. 03. PROHIBITION ON HUMAN GERMLINE GENE MODIFICATION
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 15, the following:
``CHAPTER 16--GERMLINE GENE MODIFICATION
``Sec.
``301. Definitions
``302. Prohibition on germline gene modification.
``Sec. 301. Definitions
``In this chapter:
(1) Human germline gene modification.--The term `human
germline gene modification' means the intentional
modification of DNA in any human cell (including human eggs,
sperm, fertilized eggs, zygotes, blastocysts, embryos, or any
precursor cells that will differentiate into gametes or can
be manipulated to so do) for the purpose of producing a
genetic change which can be passed on to future individuals,
including inserting, deleting or altering DNA from any
source, and in any form, such as nuclei, chromosomes,
nuclear, mitochondrial, and synthetic DNA. The term does not
include any modification of cells that are not a part of and
will not be used to create human embryos. Nor does it include
the change of DNA involved in the normal process of sexual
reproduction.
``(2) Human haploid cell.--The term `haploid cell' means a
cell that contains only a single copy of each of the human
chromosomes, such as eggs, sperm, and their precursors.
``(3) Somatic cell.--The term `somatic cell' means a
diploid cell (having two sets of the chromosomes of almost
all body cells) obtained or derived from a living or deceased
human body at any stage of development. Somatic cells are
diploid cells that are not precursors of either eggs or
sperm. A genetic modification of somatic cells is therefore
not germline genetic modification.
Rule of Construction: Nothing in this Act is intended to
limit somatic cell gene therapy, or to effect research
involving human pluripotent stem cells.
``Sec. 302. Prohibition on germline gene modification
``(a) In General.--It shall be unlawful for any person or
entity, public or private, in or affecting interstate
commerce--
``(1) to perform or attempt to perform human germline gene
modification;
``(2) to intentionally participate in an attempt to perform
human germline gene modification; or
``(3) to ship or receive the product of human germline gene
modification for any purpose.
``(b) Importation.--It shall be unlawful for any person or
entity, public or private, to import the product of human
germline gene modification for any purpose.
``(c) Penalties.--
``(1) In general.--Any person or entity that is convicted
of violating any provision of this section shall be fined
under this section or imprisoned not more than 10 years, or
both.
``(2) Civil penalty.--Any person or entity that is
convicted of violating any provision of this section shall be
subject to, in the case of a violation that involves the
derivation of a pecuniary gain, a civil penalty of not less
than $1,000,000 and not more than an amount equal to the
amount of the gross gain multiplied by 2, if that amount is
greater than $1,000,000.
(b) Clerical Amendment.--The table of chapters for part I
of title 18, United States Code, is amended by inserting
after the item relating to chapter 15 the following:
301''.rmline Gene Modification.......................................
____
SA 2058. Ms. LANDRIEU (for herself, Mr. Cochran, Mr. Bennett, Mr.
Hatch, Mr. Ensign, Mr. DeWine, Mr. Lieberman, and Mr. Rockefeller)
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 55, line 6, strike ``$8,568,000,000'' and insert
``$7,172,690,000''.
On page 55, line 11, strike ``$1,632,000,000'' and insert
``$1,365,031,000''.
On page 55, line 12, after ``section 1124A:'' insert the
following: ``Provided further, That $1,000,000,000 shall be
available for targeted grants under section 1125: Provided
further, That $649,979,000 shall be available for education
finance incentive grants under section 1125A:''.
On page 55, strike line 15 and all that follows ``H.R. 1''
on page 55, line 22, and insert ``95 percent of the amount
each State and local educational agency received under this
authority for fiscal year 2001''.
____
SA 2059. Mr. HATCH (for himself, Mr. Reid, and Mr. Domenici)
submitted an amendment intended to be proposed by him to the bill H.R.
3061, making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal year
ending September 30, 2002, and for other purposes; which was ordered to
lie on the table; as follows:
On page 54, between lines 15 and 16, insert the following:
Sec. ____. For the Health Resources and Services
Administration, $5,000,000 for grants for education,
prevention, and early detection of radiogenic cancers and
diseases under section 417C of the Public Health Service Act
(42 U.S.C. 285a-9) (as amended by the Radiation Exposure
Compensation Act Amendments of 2000), of which $1,000,000
shall be available to enter into a contract with the National
Research Council under which the Council shall--
(1) review the most recent scientific information related
to radiation exposure and associated cancers or other
diseases;
(2) make recommendations to--
(A) reduce the length of radiation exposure requirements
for any compensable illnesses under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note); and
(B) include additional illnesses, geographic areas, or
classes of individuals with the scope of compensation of such
Act; and
(3) not later than June 30, 2003, prepare and submit to the
Committee on Appropriations, Committee on Health, Education,
Labor, and Pensions, and Committee on the Judiciary of the
Senate and the Committee on Appropriations, Committee on
Energy and Commerce, and Committee on the Judiciary of the
House of Representatives, a report describing the findings
made by the Council under paragraphs (1) and (2).
____
SA 2060. Mr. ALLEN submitted an amendment intended to be proposed to
amendment SA 2044 submitted by Mr. Daschle and intended to be proposed
to the bill (H.R. 3061) making appropriations for the Departments of
Labor, Health and Human Services,
[[Page S11392]]
and Education, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes; which was ordered to lie on
the table; as follows:
Strike everything after line 1 and insert the following.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Response Tax
Exemption Act''.
SEC. 2. EXCLUSION OF CERTAIN TERRORIST ATTACK ZONE
COMPENSATION OF CIVILIAN UNIFORMED PERSONNEL.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to items
specifically excluded from gross income) is amended by
inserting after section 112 the following new section:
``SEC. 112A. CERTAIN TERRORIST ATTACK ZONE COMPENSATION OF
CIVILIAN UNIFORMED PERSONNEL.
``(a) In General.--Gross income does not include
compensation received by a civilian uniformed employee for
any month during any part of which such employee provides
security, safety, fire management, or medical services in a
terrorist attack zone.
``(b) Definitions.--For purposes of this section--
``(1) Civilian uniformed employee.--The term `civilian
uniformed employee' means any nonmilitary individual employed
by a Federal, State, or local government (or any agency or
instrumentality thereof) for the purpose of maintaining
public order, establishing and maintaining public safety, or
responding to medical emergencies.
``(2) Terrorist attack zone.--The term `terrorist attack
zone' means any area designated by the President or any
applicable State or local authority (as determined by the
Secretary) to be an area in which occurred a violent act or
acts which--
``(A) were dangerous to human life and a violation of the
criminal laws of the United States or of any State, and
``(B) would appear to be intended to intimidate or coerce a
civilian population, influence the policy of a government by
intimidation, or affect the conduct of a government by
assassination or kidnapping.
``(3) Compensation.--The term `compensation' does not
include pensions and retirement pay.''.
(b) Conforming Amendments.--
(1) Section 3401(a)(1) of the Internal Revenue Code of 1986
is amended by inserting ``or section 112A (relating to
certain terrorist attack zone compensation of civilian
uniformed personnel)'' after ``United States)''.
(2) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 112 the following new item:
``Sec. 112A. Certain terrorist attack zone compensation of civilian
uniformed personnel.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending on or after September 11,
2001.
____
SA 2061. Mr. KERRY (for himself, Mr. Breaux, and Mr. Hollings)
submitted an amendment intended to be proposed by him to the bill S.
1214, to amend the Merchant Marine Act, 1936, to establish a program to
ensure greater security for United States seaports, and for other
purposes; which was ordered to lie on the table; as follows:
On page 2, before line 1, strike the items relating to
sections 109 through 126, and insert the following:
Sec. 109. International port security.
Sec. 110. Security standards at foreign seaports.
Sec. 111. Counter-terrorism and incident contingency plans.
Sec. 112. Maritime security professional training.
Sec. 113. Port security infrastructure improvement.
Sec. 114. Screening and detection equipment.
Sec. 115. Revision of port security planning guide.
Sec. 116. Attorney General to coordinate port-related crime data
collection.
Sec. 117. Shared dockside inspection facilities.
Sec. 118. Mandatory advanced electronic information for cargo and
passengers and other improved customs reporting
procedures.
Sec. 119. Prearrival messages from vessels destined to United States
ports.
Sec. 120. Coast Guard domestic maritime safety and security teams.
Sec. 121. Sea marshal program.
Sec. 122. Research and development for crime and terrorism prevention
and detection technology.
Sec. 123. Extension of seaward jurisdiction.
Sec. 124. Suspension of limitation on strength of Coast Guard.
Sec. 125. Additional reports.
Sec. 126. Civil penalties.
Sec. 127. 4-year reauthorization of tonnage duties.
Sec. 128. Foreign port assessment fees.
Sec. 129. Definitions.
On page 13, line 7, strike ``125(b)'' and insert
``127(b)''.
On page 16, line 7, strike ``125(b)'' and insert
``127(b)''.
On page 19, line 15, strike ``125(b)'' and insert
``127(b)''.
On page 32, between lines 3 and 4, insert the following:
(2) evaluates the potential for increasing the capabilities
of sea pilots to provide information on maritime domain
awareness, including specifically necessary improvements to
both reporting procedures and equipment that could allow
pilots to be integrated more effectively in a maritime domain
awareness program;
On page 32, line 4, strike ``(2)'' and insert ``(3)''.
On page 32, line 11, strike ``(3)'' and insert ``(4)''.
On page 32, line 15, strike ``(4)'' and insert ``(5)''.
On page 32, line 20, strike ``(5)'' and insert ``(6)''.
On page 32, line 22, strike ``(6)'' and insert ``(7)''.
On page 34, line 6, strike ``section 116'' and insert
``section 117''.
On page 34, line 15, strike ``section 116'' and insert
``section 117''.
On page 35, line 23, strike ``125(b)'' and insert
``127(b)''.
On page 36, between lines 9 and 10, insert the following:
SEC. 110. SECURITY STANDARDS AT FOREIGN SEAPORTS.
(a) Assessment.--
(1) In general.--The Secretary shall assess the
effectiveness of the security measures maintained at--
(A) each foreign seaport--
(i) served by United States vessels;
(ii) from which foreign vessels serve the United States; or
(iii) that poses a high risk of introducing danger to
international sea travel; and
(B) other foreign seaports the Secretary considers
appropriate.
(2) International cooperation and standards.--The Secretary
of Transportation shall conduct an assessment under paragraph
(1) of this subsection--
(A) in consultation with appropriate port authorities of
the government of a foreign country concerned and United
States vessel operators serving the foreign seaport for which
the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign seaport
effectively maintains and carries out security measures; and
(C) by using a standard that will result in an analysis of
the security measures at the seaport based at least on the
standards and recommended practices of the International
Maritime Organization in effect on the date of the
assessment.
(3) Report.--Each report to Congress required under section
120(b) shall contain a summary of the assessments conducted
under this subsection.
(b) Interval.--The Secretary of Transportation shall
conduct assessments under subsection (a) of this section of
at least 25 foreign seaports annually until all seaports
identified in subsection (a)(1) are completed. The first 25
of these assessments shall be conducted within 18 months
after the date of enactment of this Act.
(c) Consultation.--In carrying out subsection (a) of this
section, the Secretary of Transportation shall consult with
the Secretary of State--
(1) on the terrorist threat that exists in each country;
and
(2) to establish which foreign seaports are not under the
de facto control of the government of the foreign country in
which they are located and pose a high risk of introducing
danger to international sea travel.
(d) Qualified Assessment Entities.--In carrying out
subsection (a) of this section, the Secretary of
Transportation may utilize entities determined by the
Secretary of Transportation and the Secretary of State to be
qualified to conduct such assessments.
(e) Notifying Foreign Authorities.--If the Secretary of
Transportation, after conducting an assessment under
subsection (a) of this section, determines that a seaport
does not maintain and carry out effective security measures,
the Secretary, after advising the Secretary of State, shall
notify the appropriate authorities of the government of the
foreign country of the decision and recommend the steps
necessary to bring the security measures in use at the
seaport up to the standard used by the Secretary in making
the assessment.
(f) Actions When Seaports Not Maintaining and Carrying Out
Effective Security Measures.--
(1) In general.--If the Secretary of Transportation makes a
determination under subsection (e) that a seaport foes not
maintain and carry out effective security measures, the
Secretary--
(A) shall publish the identity of the seaport in the
Federal Register;
(B) shall require the identity of the seaport to be posted
and displayed prominently at all United States seaports at
which scheduled passenger carriage is provided regularly;
(C) shall notify the news media of the identity of the
seaport;
(D) shall require each United States and foreign vessel
providing transportation between the United States and the
seaport to provide written notice of the decision, on or with
the ticket, to each passenger buying a ticket for
transportation between the United States and the seaport; and
(E) may, after consulting with the appropriate port
authorities of the foreign country concerned and United
States and foreign vessel operators serving the seaport and
with the approval of the Secretary of State, withhold,
revoke, or prescribe conditions on the operating authority of
a United States or foreign vessel that uses that seaport to
provide foreign sea transportation.
[[Page S11393]]
(2) Presidential action.--If the Secretary makes such a
determination under subsection (e) about a seaport, the
President may prohibit a United States or foreign vessel from
providing transportation between the United States and any
other foreign seaport that is served by vessels navigating to
or from the seaport with respect to which a decision is made
under this section.
(3) When action to be taken.--
(A) In general.--The provisions of paragraphs (1) and (2)
shall apply with respect to a foreign seaport--
(i) 90 days after the government of a foreign country is
notified of the Secretary's determination under subsection
(e) of this section unless the Secretary of Transportation
finds that the government has brought the security measures
at the seaport up to the standard the Secretary used in
making an assessment under subsection (a) of this section
before the end of that 90-day period; or
(ii) on the date on which the Secretary makes that
determination if the Secretary of Transportation determines,
after consulting with the Secretary of State, that a
condition exists that threatens the safety or security of
passengers, vessels, or crew traveling to or from the
seaport.
(B) Travel advisory notification.--The Secretary of
Transportation immediately shall notify the Secretary of
State of a determination under subparagraph (A)(ii) of this
paragraph so that the Secretary of State may issue a travel
advisory required under section 908 of the International
Maritime and Port Security Act (46 U.S.C. App. 1804).
(4) Congressional notification.--The Secretary of
Transportation promptly shall submit to Congress a report
(and classified annex if necessary) on action taken under
paragraph (1) or (2) of this subsection, including
information on attempts made to obtain the cooperation of the
government of a foreign country in meeting the standard the
Secretary used in assessing the seaport under subsection (a)
of this section.
(5) Cancellation of public requirements.--If the Secretary
of Transportation, in consultation with the Secretary of
State, determines that effective security measures are
maintained and carried out at the seaport against which the
Secretary took action under paragraph (1), then the Secretary
shall--
(A) terminate action under paragraph (1) against that
seaport; and
(B) notify the Congress of the Secretary's determination.
(g) Suspensions.--The Secretary of Transportation, with the
approval of the Secretary of State and without notice of a
hearing, shall suspend the right of any United States vessel
to provide foreign sea transportation, and the right of a
person to operate vessels in foreign sea commerce, to or from
a foreign seaport if the Secretary of Transportation
determines that--
(1) a condition exists that threatens the safety or
security of passengers, vessels, or crew traveling to or from
that seaport; and
(2) the public interest requires an immediate suspension of
transportation between the United States and that seaport.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation
$2,000,000 for fiscal year 2002 and each fiscal year
thereafter to carry out this section.
On page 36, line 10, strike ``SEC. 110.'' and insert ``SEC.
111.''
On page 36, Line 19, strike ``section 114'' and insert
``section 115''.
On page 37, line 8, strike ``SEC. 111.'' and insert ``SEC.
112.''
On page 41, line 14, strike ``125(b)'' and insert
``127(b)''.
On page 43, line 10, strike ``SEC. 112.'' and insert ``SEC.
113.''
On page 48, line 5, strike ``125(b)'' and insert
``127(b).''
On page 49, line 15, strike ``SEC. 113.'' and insert ``SEC.
114.''
On page 49, line 17, strike ``125(b)'' and insert
``127(b)''.
On page 50, line 18, strike ``SEC. 114.'' and insert ``SEC.
115.''
On page 50, line 24, strike ``section 116'' and insert
``section 117''.
On page 51, line 3, strike ``SEC. 115.'' and insert ``SEC.
116.''
On page 54, line 20, strike ``125(b)'' and insert
``127(b)''.
On page 55, line 3, strike ``SEC. 116.'' and insert ``SEC.
117.''
On page 55, line 12, strike ``125(b)'' and ``127(b)''.
On page 55, line 20, strike ``SEC. 117.'' and insert ``SEC.
118.''
On page 65, line 10, strike ``SEC. 118.'' and insert ``SEC.
119.''
On page 65, line 12, insert ``(a) In General.--'' before
``The''.
On page 65, line 24, strike ``require''.
On page 66, line 4, strike ``require''.
On page 66, between lines 19 and 20, insert the following:
(b) Improved Reporting on Foreign-flag Vessels Entering
United States Ports.--Within 6 months after the date of
enactment of this Act and every year thereafter, the
Secretary of Transportation, in consultation with the
Secretary of State, shall provide a report to the Committees
on Commerce, Science, and Transportation and Foreign
Relations of Senate, and Committees on Transportation and
Infrastructure and International Relations of the House of
Representatives that lists the following information:
(1) A list of all nations whose flag vessels have entered
United States ports in the previous year.
(2) Of the nations on that list, a separate list of those
nations--
(A) whose registered flag vessels appear as Priority III or
higher on the Boarding Priority Matrix maintained by the
Coast Guard;
(B) that have presented, or whose flag vessels have
presented, false, intentionally incomplete, or fraudulent
information to the United States concerning passenger or
cargo manifests, crew identity or qualifications, or
registration or classification of their flag vessels;
(C) whose vessel registration or classification procedures
have been found by the Secretary to be insufficient or do not
exercise adequate control over safety and security concerns;
or
(D) whose laws or regulations are not sufficient to allow
tracking of ownership and registration histories of
registered flag vessels.
(3) Actions taken by the United States, whether through
domestic action or international negotiation, including
agreements at the International Maritime Organization under
section 902 of the International Maritime and Port Security
Act (46 U.S.C. App. 1801), to improve transparency and
security of vessel registration procedures in nations on the
list under paragraph (2).
(4) Recommendations for legislative or other actions needed
to improve security of United States ports against potential
threats posed by flag vessels of nations named in paragraph
(2).
On page 66, line 20, strike ``SEC. 119.'' and insert ``SEC.
120.''
On page 67, between lines 14 and 15, insert the following:
SEC. 121. SEA MARSHAL PROGRAM.
(a) Establishment.--Within 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
establish a program to place sea marshals on vessels entering
United States Ports identified in subsection (c).
(b) Consultation.--In establishing this program, the
Secretary shall consult with representatives from the port
security task force and local port security committees.
(c) Sea Marshal Ports.--The Secretary shall identify United
States ports for inclusion in the sea marshal program based
on criteria that include the following:
(1) The presence of port facilities that handle materials
that are hazardous or flammable in quantities that make them
potential targets of attack.
(2) The proximity of these facilities to residential or
other densely populated areas.
(3) The proximity of sea lanes or navigational channels to
hazardous areas that would pose a danger to citizens in the
event of a loss of navigational control by the ship's master.
(4) Any other criterion deemed necessary by the Secretary.
(d) Sea Marshal Qualifications.--The Secretary shall
establish appropriate qualifications or standards for sea
marshals. The Secretary may use, or require use of, Federal,
State, or local personnel as sea marshals.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary to carry out the requirements of
this section for each of the fiscal years 2002 through 2006.
(f) Report.--Within 3 years after the date of enactment of
this Act, the Secretary shall report to the Committee on
Commerce, Science, and Transportation of the Senate, and
Committee on Transportation and Infrastructure of the
House of Representatives on the success of the program in
protecting the ports listed under (c), and submit any
recommendations.
On page 67, line 15, strike ``SEC. 120.'' and insert ``SEC.
122.''
On page 69, line 5, strike ``SEC. 121.'' and insert ``SEC.
123.''
On page 69, line 16, strike ``SEC. 122.'' and insert ``SEC.
124.''
On page 70, line 14, strike ``SEC. 123.'' and insert ``SEC.
125.''
On page 72, line 4, strike ``section 111'' and insert
``section 112.''
On page 72, line 9, strike ``section 115'' and insert
``section 116''.
On page 72, line 19, strike ``section 113'' and insert
``section 114''.
On page 72, line 21, strike ``SEC. 124.'' and insert ``SEC.
126.''
On page 73, line 19, strike ``SEC. 125.'' and insert ``SEC.
127.''
On page 74, beginning in line 12, strike ``110(e), 111(f),
112(e), 113(a), 115(c), and 116(b).'' and insert ``111(e),
112(f), 113(e), 114(a), 116(c), and 117(b).''
On page 74, between lines 13 and 14, insert the following:
SEC. 128. FOREIGN PORT ASSESSMENT FEES.
(a) In General.--The Secretary of Transportation shall
collect a user fee from cruise vessel lines upon the arrival
of a cruise vessel at a United States port from a foreign
port. Amounts collected under this section shall be treated
as offsetting collections to offset annual appropriations for
the costs of providing foreign port vulnerability assessments
under section 110.
(b) Amount of Fee.--Cruise vessel lines shall remit $0.50
for each passenger embarkment on a cruise that includes at
least one United States port and one foreign port.
(c) Use of Fees.--A fee collected under this section shall
be used solely for the costs associated with providing
foreign port vulnerability assessments and may be used only
[[Page S11394]]
to the extent provided in advance in an appropriation law.
(d) Effective Date.--The requirements of this section apply
with respect to travel beginning more than 179 days after the
date of enactment of this Act.
On page 74, line 14, strike ``SEC. 126.'' and insert ``SEC.
129.''.
____
SA 2062. Mr. REID (for Mr. Bingaman (for himself and Mr. Domenici))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
At the appropriate place, add the following:
Sec. 519. (a) Definition.--In this section the term
``qualified magistrate judge'' means any person who--
(1) retired as a magistrate judge before November 15, 1988;
and
(2) on the date of filing an election under subsection
(b)--
(A) is serving as a recalled magistrate judge on a full-
time basis under section 636(h) of title 28, United States
Code; and
(B) has completed at least 5 years of full-time recall
service.
(b) Election of Annuity.--The Director of the
Administrative Office of the United States Courts may accept
the election of a qualified magistrate judge to--
(1) receive an annuity under section 377 of title 28,
United States Code; and
(2) come within the purview of section 376 of such title.
(c) Credit for Service.--Full-time recall service performed
by a qualified magistrate judge shall be credited for service
in calculating an annuity elected under this section.
(d) Regulations.--The Director of the Administrative Office
of the United States Courts may promulgate regulations to
carry out this section.
____
SA 2063. Mr. REID (for Mr. Sessions (for himself and Mr. Helms))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 54, after line 15, insert the following:
Sec. 220. (a) Findings.--Congress finds that--
(1) according to the Centers for Disease Control and
Prevention, over 765,000 people in the United States have
been diagnosed with the virus that causes AIDS since 1981,
and over 442,000 deaths have occurred in the United States as
a result of the disease;
(2) Federal AIDS prevention funds should be used to provide
resources, training, technical assistance, and infrastructure
to national, regional, and community-based organizations
working to educate the public on the virus that causes AIDS
and stopping the spread of the disease;
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Inspector General of the
Department of Health and Human Services shall conduct an
audit of all Federal amounts allocated for AIDS prevention
programs and report to Congress with their finding.
____
SA 2064. Mr. REID (for Mr. Sessions) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 73, after line 4, add the following:
Sec. 306. (a) Findings.--Congress makes the following
findings:
(1) The number of students applying for loans and claiming
to attend foreign institutions has risen from 4,594 students
in 1993 to over 12,000 students in the 1998-1999 school year.
(2) Since 1995 there have been at least 25 convictions of
students who fraudulently claimed they were attending a
foreign institution, then cashed the check issued directly to
them, and did not attend the foreign institution.
(3) Tighter disbursement controls are necessary to reduce
the number of students fraudulently applying for loans under
title IV of the Higher Education Act of 1965 and claiming
they are going to attend foreign institutions. Funds should
not be disbursed for attendance at a foreign institution
unless the foreign institution can verify that the student is
attending the institution.
(b) Study and Report.--
(1) Study.--The Comptroller General shall conduct a study
regarding--
(A) Federal student loan disbursements to students
attending foreign schools; and
(B) fraud, waste, and abuse in the Federal Family Education
Loan Program as the fraud, waste, and abuse relates to
students receiving funding in order to attend a foreign
school.
(2) Report.--The Comptroller General shall report to
Congress regarding the results of the study.
(3) Report Contents.--The report described in paragraph (2)
shall--
(A) include information on whether or not there are
standards that a foreign school must meet for an American
student to attend and receive a federally guaranteed student
loan;
(B) compare the oversight controls for loans dispensed to
students attending foreign schools and domestic institutions;
(C) examine the default rates at foreign schools that
enroll American students receiving federally guaranteed
student loans and determine the number of students that are
receiving loans in multiple years; and
(D) make recommendations for legislative changes that are
required to ensure the integrity of the Federal Family
Education Loan Program.
____
SA 2065. Mr. REID (for Mr. Brownback) proposed an amendment to the
bill H.R. 3061, making applications for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 93, after line 12, insert:
Sec. 520. Nothing in Section 134 of H.R. 2217 shall be
construed to overturn or otherwise effect the decision of the
U.S. Court of Appeals for the Tenth Circuit in the case of
Sac and Fox Nation v. Norton, 240 F.3d 1250 (10th Cir. 2001),
or to permit gaming under the Indian Gaming Regulatory Act on
lands described in Section 123 of Public Law 106-291 or any
lands contiguous to such lands that have or have not been
taken into trust by the Secretary of the Interior.
____
SA 2066. Mr. REID (for Mrs. Clinton) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 57, line 24, insert before the following: ``:
Provided further, That of the funds made available to carry
out subpart 2 of part A of title IV of the Elementary and
Secondary Education Act of 1965, as amended by H.R. 1 as
passed by the Senate on June 19, 2001, $9,000,000 shall be
made available to enable the Secretary of Education to award
grants to enable local educational agencies to address the
needs of children affected by terrorist attacks, times of war
or other major violent traumatic crises, including providing
mental health services to such children, and $1,000,000 shall
be made available to enable the Secretary of Education, in
consultation with the Secretary of Health and Human Services,
to develop recommendations and models to assist communities
in developing evacuation and parental notification plans for
schools and other community facilities where children
gather''.
____
SA 2067. Mr. REID (for Mr. Torricelli) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 22, after the period on line 3, insert the
following:
Sec. 103. It is the sense of the Senate that amounts should
be appropriated to provide dislocated worker employment and
training assistance under the Workforce Investment Act to
airport career centers (to be located with the Port Authority
of New York and New Jersey) to enable such centers to provide
services to workers in the airline and related industries
(including group transportation and other businesses) who
have been dislocated as a result of the September 11, 2001
attack on the World Trade Center.
____
SA 2068. Mr. REID (for Mr. Torricelli) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
At the appropriate place in title I, insert the following:
Sec. 104. It is the sense of the Senate that amounts should
be appropriated to provide adult employment and training
activities to assist individuals with disabilities from New
York and New Jersey who require vocational rehabilitative
services as a result of the September 11, 2001 attack on the
World Trade Center in order to permit such individuals to
return to work or maintain employment.
____
SA 2069. Mr. REID (for Mr. Torricelli (for himself and Mr. Corzine))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 54, between lines 15 and 16, insert the following:
Sec. 221. It is the sense of the Senate that the Secretary
of Health and Human Services
[[Page S11395]]
should fund and reimburse hospitals and medical facilities in
States that have tested and treated federal workers that have
been exposed to anthrax and continue to test and treat,
federal workers that have been determined by the Centers for
Disease Control and Prevention as to risk for exposure to
anthrax.
SA 2070. Mr. REID (for Mr. Torricelli (for himself and Mr. Reed))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 54, between lines 15 and 16, insert the following:
Sec. 222. It is the sense of the Senate that the Secretary
of Health and Human Services should ensure that each contract
entered into between a State and an entity (including a
health insuring organization and a medicaid managed care
organization) that is responsible for the provision (directly
or through arrangements with providers of services) of
medical assistance under a State medicaid plan should provide
for--
(1) compliance with mandatory blood lead screening
requirements that are consistent with prevailing guidelines
of the Centers for Disease Control and Prevention for such
screening; and
(2) coverage of lead treatment services including
diagnosis, treatment, and follow-up furnished for children
with elevated blood lead levels in accordance with prevailing
guidelines of the Centers for Disease Control and Prevention.
____
SA 2071. Mr. REID (for Mr. Torricelli (for himself and Mr. Reed))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 54, between lines 15 and 16, insert the following:
Sec. 223. It is the sense of the Senate that States should
be authorized to use funds, provided under the State
children's health insurance program under title XXI of the
Social Security Act to--
(1) comply with mandatory blood lead screening requirements
that are consistent with prevailing guidelines of the Centers
for Disease Control and Prevention for such screening; and
(2) provide coverage of lead treatment services including
diagnosis, treatment, and follow-up furnished for children
with elevated blood lead levels in accordance with prevailing
guidelines of the Centers for Disease Control and Prevention.
____
SA 2072. Mr. Reid (for Mr. Torricelli (for himself and Mr. Reed))
proposed an amendment to the bill H.R. 3061, making appropriations for
the Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 54, between lines 15 and 16, insert the following:
Sec. 224. It is the sense of the Senate that the Secretary
of Health and Human Services should establish a program to
improve the blood lead screening rates of States for children
under the age of 3 enrolled in the medicaid program under
which, using State-specific blood lead screening data, the
Secretary would annually pay a State an amount to be
determined:
(1) For each 2 year-old child enrolled in the medicaid
program in the State who has received the minimum required
(for that age) screening blood lead level tests (capillary or
venous samples) to determine the presence of elevated blood
lead levels, as established by the Centers for Disease
Control and Prevention.
(2) For each such child who has received such minimum
required tests.
SA 2073. Mr. Reid (for Mr. Specter) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 91, strike lines 13 through 18.
____
SA 2074. Mr. HUTCHINSON (for himself and Mr. Nickles) proposed an
amendment to the bill H.R. 3061, making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2002, and for
other purposes; as follows:
On page 22, between lines 3 and 4, insert the following:
Sec. . None of the funds made available under this Act
shall be used under the National Labor Relations Act to make
a finding of an unfair labor practice relating to a
published, written, or posted no-solicitation or no-access
rule that permits solicitation or access only for charitable,
eleemosynary, or other beneficent purposes.
____
SA 2075. Mr. KYL (for himself, Mr. McCain, Mrs. Hutchison, Mr.
Domenici, Mr. Allard, and Mr. Murkowski) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
At the appropriate place add the following:
``Notwithstanding any other provision of this Act, no
appropriation contained in this Act for the purposes of
school repair or renovation of state and local schools shall
remain available beyond the current fiscal year unless
assistance under such program is provided to meet the
renovation or repair needs of Indian schools and schools
receiving Impact Aid or under the jurisdiction of the
Department of Defense or the Bureau of Indian Affairs prior
to making such assistance available to other schools:
Provided further, notwithstanding any other provision of this
Act, the Secretary of Education is not authorized to expend
or transfer unexpended balances of prior appropriations
appropriated for the purposes of school repair or renovation
of state and local schools to accounts corresponding to
current appropriations provided in this Act: Provided,
however, that such balances may be expended and so
transferred if the unexpended balances are used for the
purpose of providing assistance to meet the renovation or
repair needs of Indian schools and schools receiving Impact
Aid or under the jurisdiction of the Department of Defense or
the Bureau of Indian Affairs prior to making such repair or
renovation assistance available to other schools.''.
____
SA 2076. Mr. HARKIN (for Mr. Miller) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 2, line 19 after ``of such Act;'' insert ``of which
$3,500,000 is available for obligation October 1, 2001 until
expended for carrying out the National Skills Standards Act
of 1994;''.
On page 2, beginning on line 24, strike out ``, and
$3,500,000 shall be for carrying out the National Skills
Standards Act of 1994''.
____
SA 2077. Mr. HARKIN proposed an amendment to the bill H.R. 3061,
making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2002, and for other purposes; as follows:
On page 93, after line 12, insert the following:
Sec. 521. Amounts made available under this Act for the
administrative and related expenses for departmental
management for the Department of Labor, the Department of
Health and Human Services, and the Department of Education,
shall be reduced on a pro rata basis by $98,500,000:
Provided, That this provision shall not apply to the Food and
Drug Administration and the Indian Health Service: Provided
further, That not later than 15 days after the enactment of
this Act, the Director of the Office of Management and Budget
shall report to the Senate Committee on Appropriations the
accounts subject to the pro rata reductions and the amount to
be reduced in each account.
____
SA 2078. Mr. HARKIN (for Mr. Feingold) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 22, line 18 after ``Awareness Act,'' strike
``$5,488,843,000'' and insert in its place
``$5,496,343,000''.
On page 24, line 8 before the period insert the following:
``: Provided further, That of the moment provided for Rural
Health Outreach Grants, $12,500,000 shall be available to
improve access to automatic external defibrillators in rural
communities''.
____
SA 2079. Mr. HARKIN (for Mr. Graham) proposed an amendment to the
bill H.R. 3061, making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows:
On page 34, line 13, strike ``$3,073,446,000'' and insert
``$3,088,456,000: Provided, that $10,000,000 shall be made
available to carry out subtitle C of title XXXVI of the
Children's Health Act of 2000 (and the amendments made by
such subtitle)''.
____
SA 2080. Mr. HARKIN (for Mr. DeWine) proposed an amendment to the
bill H.R. 3061. making appropriations for the Departments of Labor.
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2002, and for other purposes; as
follows: