Congressional Record Weekly Update

Return to the Congressional Report Weekly.

3A) Reducing Crime and Terrorism at America's Seaports Act of 2003

By Mr. BIDEN (for himself, Mr. Specter, Mr. Hollings, and Mr. Carper):

   S. 1587. A bill to make it a criminal act to willfully use a weapon, explosive, chemical weapon, or nuclear or radioactive material with the intent to cause death or serious bodily injury to any person while on board a passenger vessel, and for other purposes; to the Committee on the Judiciary.

   Mr. BIDEN. Mr. President, I rise today to introduce, along with my colleague Senator Specter, the ``Reducing Crime and Terrorism at America's Seaports Act of 2003.'' About a year ago, the Independent Task Force on Homeland Security Imperatives, co-chaired by former Senators Gary Hart and Warren Rudman and sponsored by the Council on Foreign Relations, released its report in which it concluded that ``America remains dangerously unprepared to prevent and respond to a catastrophic attack on U.S. soil.'' The report received considerable media fanfare and inspired eloquent proclamations about the need to strengthen America's domestic security agenda--but sadly, in the ensuing months, we have done little to protect one of the key vulnerabilities identified by the task force, this nation's seaports.

   The 361 seaports in the United States serve essential national interests by facilitating the flow of trade and the movement of cruise passengers, as well as supporting the effective and safe deployment of U.S. Armed Forces. Yet, our attention to the security needs of seaport facilities and other marine areas, which cover some 3.5 million square miles of ocean area and 95,000 miles of coastline, has been inadequate--especially when you consider the sheer volume of traffic that moves through our seaports and along our waterways each year.

   Annually, U.S. seaports handle more than 141 million ferry and cruise ship passengers and unfathomable amounts of waterborne commerce, more than 2 billion tons of domestic and international freight and 3 billion tons of oil. Each year, millions of truck-size cargo containers are off-loaded onto U.S. docks--yet, as the Hart-Rudman Report noted, ``only the tiniest percentage of [these] containers ...... are subject to examination--and a weapon of mass destruction could well be hidden among this cargo.'' Indeed, only about 2 percent of the nearly 6 million cargo containers that pass through the U.S. are inspected each year--and, according to some expert reports, only 30 percent of that cargo contains material that matches the cargo manifest.

   The 2002 Hart-Rudman Report was both timely and important in that it shed new light on these glaring vulnerabilities and, in the process, re-energized the debate surrounding America's national security needs. However, the report's findings were hardly new. Two years earlier, the

[Page: S11163]

Interagency Commission on Crime and Security at U.S. Seaports, a blue-ribbon government panel, had similarly noted that seaports and the ``maritime mode'' were especially vulnerable and that they did ``not exhibit a substantial security or anti-terrorism profile, particularly when compared with the emphasis commercial aviation places on these activities.'' The Interagency Commission concluded that ``terrorism, serious crime and inadequate cargo control are the most obvious threat vectors in seaports today.''

   With that in mind, last Congress, Senator Specter and I introduced legislation designed to update Federal law to address critical security issues at U.S. seaports. We have re-tooled and re-focused that legislation, making important improvements and taking account of recent changes in the law. Today, we re-introduce the ``Reducing Crime and Terrorism at America's Seaports Act of 2003,'' which addresses all three threats identified by the Interagency Commission--terrorism, serious crime and inadequate cargo control.

   Here is a summary of some of the pressing vulnerabilities that the legislation would address directly: First, the Interagency Commission concluded that ``control of access to the seaport or sensitive areas within the seaports'' poses one of the greatest potential threats to port security. Such unauthorized access continues and exposes the nation's seaports, and the communities that surround them, to acts of terrorism, sabotage or theft. In response, the Biden-Specter Bill would double the maximum term of imprisonment for anyone who fraudulently gains access to a seaport or waterfront.

   Second, an estimated 95 percent of the cargo shipped to the U.S. from foreign countries, other than Canada and Mexico, arrives through out seaports. Accordingly, the Interagency Commission found that this enormous flow of goods through U.S. ports provides a tempting target for terrorists and others to smuggle illicit cargo into the country, while also making ``our ports potential targets for terrorist attacks,'' In addition, the smuggling of non-dangerous, but illicit, cargo may be used to finance terrorism. Despite the gravity of the threat, we continue to operate in an environment in which terrorists and criminals can evade detection by underreporting and misreporting the content of cargo. In one review by the U.S. Customs Service, nearly 20 percent of the carrier arrivals in the sample were discrepant, i.e., carried more or fewer containers than were listed on the manifest. In an earlier review, Customs found a 53 percent discrepant rate. Even where this improperly-reported cargo is legitimate, it needlessly diverts precious resources and attention away from the job of detecting terrorists and serious criminals. To deter this problem, the Biden-Specter Bill would increase penalties for noncompliance with certain manifest reporting and record-keeping requirements, including information regarding the content of cargo containers and the country from which the shipments originated.

   Third, the Coast Guard is the main Federal agency responsible for law enforcement at sea. Yet, its ability to force a vessel to stop or be boarded is limited. While the Coast Guard has the authority to use whatever force is reasonably necessary, a vessel operator's refusal to stop is not currently a crime. The Biden-Specter Bill would make it a crime for a vessel operator to fail to slow or stop a ship once ordered to do so by a federal law enforcement officer; for any person on board a vessel to impede boarding or other law enforcement action authorized by Federal law; or for any person on board a vessel to provide false information to a federal law enforcement officer.

   Fourth, The Coast Guard maintains over 50,000 navigational aids on more than 25,000 miles of waterways. These aids, which are relied upon by all commercial, military and recreational mariners, are critical for safe navigation by commercial and military vessels. Accordingly, they are inviting targets for terrorists. The Biden-Specter Bill would make it a crime to endanger the safe navigation of a ship by damaging any maritime navigational aid maintained by the Coast Guard; place in the waters anything which is likely to damage a vessel or its cargo, interfere with a vessel's safe navigation, or interfere with maritime commerce; or dump a hazardous substance into U.S. waters, with the intent to endanger human life or welfare.

   Fifth, each year, thousands of ships, including cruise ships, whose numbers have swelled enormously over the last half century, enter and leave the U.S. through seaports, Smugglers and terrorists exploit this massive flow of maritime traffic to transport dangerous materials and dangerous people into this country. The Biden-Specter Bill would make it a

   crime to use a vessel to smuggle into the United States either a terrorist or any explosive or other dangerous material for use in committing a terrorist act.

   Sixth, under current Federal law, it is a crime to destroy an aircraft or aircraft facilities. Incredibly, there are no equivalent Federal prohibitions in the maritime context. Given the magnitude of the threat against America's seaports, we should provide the same protection to seaports that we do for airports. The Biden-Specter Bill would make it a crime to damage or destroy any part of a ship, a maritime facility, or anything used to load or unload cargo and passengers; commit a violent assault on anyone at a maritime facility; or knowingly communicate a hoax in a way which endangers the safety of a vessel.

   Seventh, according to the Interagency Commission, ``at many seaports, the carrying of firearms is not restricted, and thus internal conspirators and other criminals are allowed armed access to cargo vessels and cruise line terminals.'' Currently, Federal law prohibits carrying firearms into airports, which is a sensible step to protect against possible terrorist attacks or other criminal activity. We should provide the same protections currently afforded to airports to our seaports and passenger vessels. The Biden-Specter Bill would prohibit the carrying of a dangerous weapon, including a firearm or explosive, at a seaport or on board a vessel.

   Eighth, as a consequence of the vast amount of waterborne commerce, cargo theft has become a major problem. Yet, there is no national data collection and reporting system that captures the magnitude of serious crime at seaports. Given the importance of free-flowing commerce to our nation's economy and the reported trafficking and sale of contraband to fiance terrorist activity, it is especially important that we work to assess and correct the problem. The Biden-Specter Bill would require the reporting of cargo theft offenses. It would also instruct the Attorney General to create a database containing the reported information, which would be made available to appropriate governmental officials while respecting important privacy protections. Importantly, organizations like the American Institute of Marine Underwriters and the Inland Marine Underwriters Association have specifically expressed their strong support for this provision.

   And, ninth, the Interagency Commission concluded that existing laws are not stiff enough to stop certain crimes, including cargo theft, at seaports. The Biden-Specter Bill would increase the maximum term of imprisonment for low-level thefts of interstate or foreign shipments from 1 year to 3 years and expand the statute to outlaw theft of goods from trailers, cargo containers, warehouses, and similar venues. The American Institute of Marine Underwriters and the Inland Marine Underwriters Association also have expressed strong support for this provision.

   This comprehensive anti-crime and anti-terrorism legislation is the product of informal collaborations with ports, industry and labor groups, as well as interested federal agencies. As a result of the contributions by these groups, we believe that we have developed a strong, bipartisan bill that, once passed, will significantly improve federal criminal law; expand the array of tools available to investigators and prosecutors; and ensure that federal resources are appropriately invested.

   We are delighted to have the support of organizations, like the American Association of Port Authorities (AAPA), with special knowledge and expertise in seaport and cargo security. In fact, the AAPA, which represents more than 150 public port authorities in the United States, Canada, the Caribbean and Latin America, has sent me a strong letter endorsing the legislation--a copy of which will appear in the record at the end of my statement.

[Page: S11164]

   In closing, in the aftermath of September 11th and given the ongoing and escalating terrorism perpetrated around the globe, surely we recognize that the conclusions contained in the Hart-Rudman Report were not mere hyperbole--but a clarion call for action. Needless to say, a terrorist attack against any one of this Nation's seaports would not only jeopardize human life, but could also bring the otherwise free flow of commerce to a screeching halt--exacting a heft toll on the U.S. economy, world shipping, and international trade. That impact could be both devastating and far-reaching, and that is not even considering the effect of America's military readiness which depends on quick access to certain strategic ports in order to ensure effective mobilization and deployment of U.S. Armed Forces.

   Given the threat, we must undertake to do all that we reasonably can to discourage and/or frustrate such an attack. This legislation, while not a cure-all, is an important step in the right direction. I implore my colleagues to join our effort and move quickly to enact this bill into law. America will be better for it.

   Mr. President, I ask unanimous consent that the text of the bill and the letter from AAPA be printed in the RECORD.

   There being no objection, the material was ordered to be printed in the RECORD, as follows:

   S. 1587

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

   SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Crime and Terrorism at America's Seaports Act of 2003''.

   SEC. 2. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

    (a) IN GENERAL.--Section 1036 of title 18, United States Code, is amended--

    (1) in subsection (a)--

    (A) in paragraph (2), by striking ``or'' at the end;

    (B) by redesignating paragraph (3) as paragraph (4); and

    (C) by inserting after paragraph (2) the following:

    ``(3) any secure area of any seaport; or'';

    (2) in subsection (b)(1), by striking ``5'' and inserting ``10'';

    (3) in subsection (c)--

    (A) in paragraph (1), by striking ``and'';

    (B) in paragraph (2), by striking the period and inserting ``; and''; and

    (C) by adding at the end the following:

    ``(3) the term `seaport' means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States.''; and

    (4) in the section heading, by inserting ``or seaport'' after ``airport''.

    (b) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 47 of title 18 is amended by striking the matter relating to section 1036 and inserting the following:

   ``1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.''.

   SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF BOARDING, OR PROVIDING FALSE INFORMATION.

    (a) OFFENSE.--Chapter 109 of title 18, United States Code, is amended by adding at the end the following:``§2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.

    ``(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.

    ``(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to--

    ``(A) forcibly assault, resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law, or to resist a lawful arrest; or

    ``(B) provide information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew, which that person knows is false.

    ``(b) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provision of law enforced or administered by the Customs Service, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.

    ``(c) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.

    ``(d) In this section--

    ``(1) the term `Federal law enforcement officer' has the meaning given the term in section 115(c);

    ``(2) the term `heave to' means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;

    ``(3) the term `vessel subject to the jurisdiction of the United States' has the meaning given the term in section 2(d) of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903(c)); and

    ``(4) the term `vessel of the United States' has the meaning given the term in section 2(c) of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903(b)).

    ``(e) Any person who intentionally violates the provisions of this section shall be fined under this title, imprisoned for not more than 5 years, or both.''.

    (b) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 109, title 18, United States Code, is amended by inserting after the item for section 2236 the following:

   ``2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.''.

   SEC. 4. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.

    Section 1993 of title 18, United States Code, is amended--

    (1) in subsection (a)--

    (A) in paragraph (1), by inserting ``, passenger vessel,'' after ``transportation vehicle'';

    (B) in paragraphs (2)--

    (i) by inserting ``, passenger vessel,'' after ``transportation vehicle''; and

    (ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider'' each place that term appears;

    (C) in paragraph (3)--

    (i) by inserting ``, passenger vessel,'' after ``transportation vehicle'' each place that term appears; and

    (ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider'' each place that term appears;

    (D) in paragraph (5)--

    (i) by inserting ``, passenger vessel,'' after ``transportation vehicle''; and

    (ii) by inserting ``or owner of the passenger vessel'' after ``transportation provider''; and

    (E) in paragraph (6), by inserting ``or owner of a passenger vessel'' after ``transportation provider'' each place that term appears;

    (2) in subsection (b)(1), by inserting ``, passenger vessel,'' after ``transportation vehicle''; and

    (3) in subsection (c)--

    (A) by redesignating paragraph (6) through (8) as paragraphs (7) through (9); and

    (B) by inserting after paragraph (5) the following:

    ``(6) the term ``passenger vessel'' has the meaning given that term in sections 2101(22) and 2102 of title 46, United States Code.''.

   SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.

    (a) VIOLENCE AGAINST MARITIME NAVIGATION.--Section 2280(a) of title 18, United States Code, is amended--

    (1) in paragraph (1)--

    (A) in subparagraph (H), by striking ``(G)'' and inserting ``(H)'';

    (B) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; and

    (C) by inserting after subparagraph (E) the following:

    ``(F) destroys, damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship;''; and

    (2) in paragraph (2) by striking ``(C) or (E)'' and inserting ``(C), (E), or (F)''.

    (b) PLACEMENT OF DESTRUCTIVE DEVICES.--

    (1) IN GENERAL.--Chapter 111 of title 18, United States Code, is amended by adding after section 2280 the following:``§2280A. Devices or substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce

    ``(a) A person who knowingly places, or causes to be placed, in waters subject to the jurisdiction of the United States, by any means, a device or substance which is likely to destroy or cause damage to a vessel or its cargo, or cause interference with the safe navigation of vessels, or interference with maritime commerce, with the intent of causing such destruction or damage, or interference with the safe navigation of vessels or with maritime commerce, shall be fined under this title, imprisoned for any term of years or for life, or both; and if the death of any person results from conduct prohibited under this subsection, may be punished by death.

    ``(b) Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government.''.

[Page: S11165]

    (2) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 111 of title 18, United States Code, is amended by adding after the item related to section 2280 the following:

   ``2280A. Devices or substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce.''.

    (c) MALICIOUS DUMPING.--

    (1) IN GENERAL.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following:``§2282. Knowing discharge or release

    ``(a) ENDANGERMENT OF HUMAN LIFE.--Any person who knowingly discharges or releases oil, a hazardous material, a noxious liquid substance, or any other substance into the navigable waters of the United States or the adjoining shoreline with the intent to endanger human life, health, or welfare shall be fined under this title and imprisoned for any term of years or for life; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for a term of years or for life.

    ``(b) ENDANGERMENT OF MARINE ENVIRONMENT.--Any person who knowingly discharges or releases oil, a hazardous material, a noxious liquid substance, or any other substance into the navigable waters of the United States or the adjacent shoreline with the intent to endanger the marine environment shall be fined under this title, imprisoned not more than 30 years, or both.

    ``(c) DEFINITIONS.--In this section:

    ``(1) DISCHARGE.--The term `discharge' means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

    ``(2) HAZARDOUS MATERIAL.--The term `hazardous material' has the meaning given the term in section 2101(14) of title 46, United States Code.

    ``(3) MARINE ENVIRONMENT.--The term `marine environment' has the meaning given the term in section 2101(15) of title 46, United States Code.

    ``(4) NAVIGABLE WATERS.--The term `navigable waters' has the meaning given the term in section 1362(7) of title 33, and also includes the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.

    ``(5) NOXIOUS LIQUID SUBSTANCE.--The term `noxious liquid substance' has the meaning given the term in the MARPOL Protocol defined in section 2(1) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).

    (2) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 111 of title 18, United States Code, is amended by adding at the end the following:

   ``2282. Knowing discharge or release.''.

   SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS OR TERROR SUSPECTS.

    (a) TRANSPORTATION OF DANGEROUS MATERIALS AND TERROR SUSPECTS.--Chapter 111 of title 18, as amended by section 5 of this Act, is amended by adding at the end the following:``§2283. Transportation of explosive, biological, chemical, or radioactive or nuclear materials.

    ``(a) IN GENERAL.--Any person who knowingly and willfully transports aboard any vessel an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing that any such item is intended to be used to commit a Federal crime of terrorism, shall be fined under this title, imprisoned for any term of years or for life, or both; and if the death of any person results from conduct prohibited by this subsection, may be punished by death.

    ``(b) DEFINITIONS.--In this section:

    ``(1) BIOLOGICAL AGENT.--The term `biological agent' means any biological agent, toxin, or vector (as those terms are defined in section 178).

    ``(2) BY-PRODUCT MATERIAL.--The term `by-product material' has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).

    ``(3) CHEMICAL WEAPON.--The term `chemical weapon' has the meaning given that term in section 229F.

    ``(4) EXPLOSIVE OR INCENDIARY DEVICE.--The term `explosive or incendiary device' has the meaning given the term in section 235(5).

    ``(5) FEDERAL CRIME OF TERRORISM.--The term `Federal crime of terrorism' has the meaning given that term in section 2332b(g).

    ``(6) NUCLEAR MATERIAL.--The term `nuclear material' has the meaning given that term in section 831(f)(1).

    ``(7) RADIOACTIVE MATERIAL.--The term `radioactive material' means--

    ``(A) source material and special nuclear material, but does not include natural or depleted uranium;

    ``(B) nuclear by-product material;

    ``(C) material made radioactive by bombardment in an accelerator; or

    ``(D) all refined isotopes of radium.

    ``(8) SOURCE MATERIAL.--The term `source material' has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).

    ``(9) SPECIAL NUCLEAR MATERIAL.--The term `special nuclear material' has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).``§2284. Transportation of terrorists or terror suspects.

    ``(a) IN GENERAL.--Any person who knowingly and willfully transports aboard any vessel any terrorist or terror suspect shall be fined under this title, imprisoned for any term of years or for life, or both.

    ``(b) DEFINED TERM.--In this section, the term `terrorist or terror suspect' means any person who intends to commit, or is avoiding apprehension after having committed, a Federal crime of terrorism (as that term is defined under section 2332b(g)).''.

    (b) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 111 of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:

   ``2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials.

   ``2284. Transportation of terrorists or terror suspects.''.

   SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME FACILITIES.

    (a) IN GENERAL.--Title 18, United States Code, is amended by inserting after chapter 111 the following:

   ``Sec.

   ``2290. Jurisdiction and scope.

   ``2291. Destruction of vessel or maritime facility.

   ``2292. Penalty when death results.

   ``2293. Imparting or conveying false information.

   ``2294. Bar to prosecution.``2290. Jurisdiction and scope

    ``(a) JURISDICTION.--There is jurisdiction over an offense under this chapter if the prohibited activity takes place--

    ``(1) within the United States or within waters subject to the jurisdiction of the United States; or

    ``(2) outside United States and--

    ``(A) an offender or a victim is a citizen of the United States;

    ``(B) a citizen of the United States was on board a vessel to which this chapter applies; or

    ``(C) the activity involves a vessel of the United States.

    ``(b) SCOPE.--Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.``§2291. Destruction of vessel or maritime facility

    ``(a) OFFENSE.--Whoever willfully--

    ``(1) sets fire to, damages, destroys, disables, or wrecks any vessel;

    ``(2) places or causes to be placed a destructive device, as defined in section 921(a)(4), or destructive substance, as defined in section 13, in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel;

    ``(3) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any maritime facility, including but not limited to, any aid to navigation, lock, canal, or vessel traffic service facility or equipment, or interferes by force or violence with the operation of such facility, if such action is likely to endanger the safety of any vessel in navigation;

    ``(4) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;

    ``(5) performs an act of violence against or incapacitates any individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board;

    ``(6) performs an act of violence against a person that causes or is likely to cause serious bodily injury, as defined in section 1365, in, upon, or in proximity to, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;

    ``(7) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any vessel in navigation; or

    ``(8) attempts or conspires to do anything prohibited under paragraphs (1) through (7):

   shall be fined under this title or imprisoned not more than 20 years, or both.

    ``(b) PENALTY.--Whoever is fined or imprisoned under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under title 18, imprisoned for a term up to life, or both.

    ``(c) THREATS.--Whoever willfully imparts or conveys any threat to do an act which would violate this chapter, with an apparent determination and will to carry the threat into execution, shall be fined under this

[Page: S11166]

title, imprisoned not more than 5 years, or both, and is liable for all costs incurred as a result of such threat.``§2292. Penalty when death results

    ``Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life. ``§2293. Imparting or conveying false information

    ``(a) IN GENERAL.--Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 2, 97, or 111 of this title, shall be subject to a civil penalty of not more than $5,000, which shall be recoverable in a civil action brought in the name of the United States.

    ``(b) MALICIOUS CONDUCT.--Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this chapter, or by chapter 2, 97, or 111 of this title, shall be fined under this title, imprisoned not more than 5 years, or both.

    ``(c) JURISDICTION.--

    ``(1) IN GENERAL.--Except as provided under paragraph (2), section 2290(a) shall not apply to any offense under this section.

    ``(2) JURISDICTION.--Jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the crime prohibited by this chapter, or by chapter 2, 97, or 111 of this title, to which the imparted or conveyed false information relates, as applicable.``§2294. Bar to prosecution

    ``(a) IN GENERAL.--It is a bar to prosecution under this chapter if--

    ``(1) the conduct in question occurred within the United States in relation to a labor dispute; and

    ``(2) such conduct is prohibited under the law of the State in which it was committed.

    ``(b) DEFINITIONS.--In this section:

    ``(1) LABOR DISPUTE.--The term ``labor dispute'' has the same meaning as in section 113(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).

    ``(2) STATE.--The term ``State'' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''.

    (c) TECHNICAL AND CONFORMING AMENDMENT.--The table of chapters at the beginning of title 18, United States Code, is amended by inserting after the item for chapter 111 the following:

   ``111A. Destruction of, or interference with vessels or maritime facilities

   2290''.

   SEC. 8. CARRYING A WEAPON OR EXPLOSIVE ON A VESSEL OR AT A SEAPORT.

    (a) IN GENERAL.--Title 18, United States Code, is amended by striking section 2277 and inserting the following:``2277. Carrying a weapon or explosive on a vessel or at a seaport.

    ``(a) GENERAL CRIMINAL PENALTY.--An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual--

    ``(1) when on, or attempting to get on a vessel, or within the area of any seaport, knowingly possesses a dangerous weapon, explosive, incendiary device, or loaded firearm on or about the property of the individual; or

    ``(2) has knowingly placed, attempted to place, or attempted to have placed a dangerous weapon, explosive, incendiary device, or loaded firearm on that vessel, or at that seaport.

    ``(b) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.--An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b), shall be fined under title 18, imprisoned for not more than 15 years, or both, and if death results to any person, shall be imprisoned for a term of years or for life.

    ``(c) NONAPPLICATION.--

    ``(1) IN GENERAL.--Subsection (b) of this section shall not apply to--

    ``(A) the personnel of the Armed Forces of the United States, or to officers or employees of the United States or of a State or of a political subdivision thereof, while acting in the performance of their duties, who are authorized by law or by rules or regulations to own or possess any such weapon or explosive;

    ``(B) another individual the Under Secretary for Border and Transportation Security of the Department of Homeland Security by regulation authorizes to carry a dangerous weapon on board a vessel or at a seaport; or

    ``(C) any person employed on a vessel who--

    ``(i) possesses items otherwise prohibited under subsection (b) that are used in the course of performing duties within the scope of employment of that individual;

    ``(ii) has obtained the permission of the owner or master of the vessel to carry such items on the vessel; and

    ``(iii) has obtained the permission of the captain of the seaport to carry such items at the seaport.

    ``(2) LAWFUL SHIPMENT OF EXPLOSIVE OR INCENDIARY DEVICE.--Subsection (b)(3) shall not apply to any person who is engaged in the lawful shipment of any explosive or incendiary device.

    ``(d) CONSPIRACY.--If 2 or more persons conspire to violate subsection (b) or (c), and 1 or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.

    ``(e) DEFINITIONS.--In this section:

    ``(1) DANGEROUS WEAPON.--The term `dangerous weapon' has the meaning given that term in section 930(g)(2) of title 18;

    ``(2) EXPLOSIVE AND INCENDIARY DEVICE.--The terms `explosive' and `incendiary device' have the meanings given such terms in section 232(5) of title 18; and

    ``(3) LOADED FIREARM.--The term `loaded firearm' means a starter gun or a weapon designed to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.''.

    (b) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections for chapter 111 of title 18 is amended by striking the matter relating to section 2277 and inserting the following:

   ``2277. Carrying a weapon or explosive on a vessel or at a seaport.''.

   SEC. 9. CARGO THEFT DATA COLLECTION.

    (a) IN GENERAL.--The Attorney General shall issue regulations to--

    (1) require the reporting of a cargo theft offense to the Attorney General by the carrier, facility, or cargo owner with custody of the cargo at the time of the offense, as soon as such carrier, facility, or cargo owner becomes aware of the offense, with such reports to contain information regarding the offense as specified in the regulations, including the port of entry, the port where the shipment originated, and where the theft occurred, to the extent such information is available to the reporting party;

    (2) create a database to contain the reports made under paragraph (1) and integrate them, to the extent feasible, with other non-criminal justice and intelligence data, such as a bill of lading, cargo contents and value, point of origin, and lienholder filings; and

    (3) prescribe procedures for access to the database created under paragraph (2) by appropriate Federal, State, and local governmental agencies, while protecting the privacy of the information in accordance with other applicable Federal laws.

    (b) MODIFICATION OF DATABASES.--

    (1) IN GENERAL.--United States Government agencies with significant regulatory or law enforcement responsibilities at United States ports shall, to the extent feasible, modify their information databases to ensure the collection and retrievability of data relating to crime and terrorism and related activities at or affecting United States ports.

    (2) DESIGNATION OF COVERED AGENCIES.--The Attorney General, after consultation with the Secretary of the Treasury and the Secretary of Transportation, shall designate the agencies included within the requirement of paragraph (1).

    (c) OUTREACH PROGRAM.--The Attorney General, in consultation with the Secretary of the Treasury, the Secretary of Transportation, the National Maritime Security Advisory Committee established under section 70112 of title 46, United States Code, and appropriate Federal and State agencies, shall establish an outreach program to--

    (1) work with State and local law enforcement officials to harmonize the reporting of data on cargo theft among the States, localities and with the United States Government's reports; and

    (2) work with local port security committees to disseminate cargo theft information to appropriate law enforcement officials.

    (d) VIOLATION OF REGULATIONS.--

    (1) IN GENERAL.--Notwithstanding any other provision of law, and in addition to any penalties that may be available under any other provision of law, any person or entity who is found by the Attorney General, after notice and an opportunity for a hearing, to have violated the regulations promulgated pursuant to section 9(a)(1), shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation, except that the maximum penalty for any party's first violation shall not exceed $7,500.

    (2) CONTINUING VIOLATIONS.--Each day of a continuing violation shall constitute a separate violation.

    (3) NOTICE OF ASSESSMENT OF PENALTY.--The amount of such civil penalty shall be assessed by the Attorney General, or his designee, by written notice.

    (4) CALCULATION OF PENALTY.--In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.

    (5) MODIFICATION OF PENALTIES.--The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.

    (6) ENFORCEMENT OF ASSESSMENTS.--If a person or entity fails to pay an assessment of a civil penalty after it has become final, the Attorney General may collect such assessments in any appropriate district court of the United States.

[Page: S11167]

    (e) ANNUAL REPORT.--The Attorney General shall submit an annual report on the implementation of this section to the Committees on the Judiciary of the Senate and the House of Representatives.

    (f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Attorney General such sums as are necessary for each of the fiscal years 2003 through 2007 to carry out the requirements of this section, such sums to remain available until expended.

   SEC. 10. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

    (a) THEFT OF INTERSTATE OR FOREIGN SHIPMENTS.--Section 659 of title 18, United States Code, is amended--

    (1) in the first undesignated paragraph--

    (A) by inserting ``trailer,'' after ``motortruck,'';

    (B) by inserting ``air cargo container,'' after ``aircraft,''; and

    (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility'';

    (2) in the fifth undesignated paragraph, by striking ``one year'' and inserting ``3 years''; and

    (3) by inserting after the first sentence in the eighth undesignated paragraph the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transhipment or otherwise.''.

    (b) STOLEN VESSELS.--

    (1) IN GENERAL.--Section 2311 of title 18, United States Code, is amended by adding at the end the following:

    `` `Vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.''.

    (2) TRANSPORTATION AND SALE OF STOLEN VESSELS.--Sections 2312 and 2313 of title 18, United States Code, are each amended by striking ``motor vehicle or aircraft'' and inserting ``motor vehicle, vessel, or aircraft''.

    (c) REVIEW OF SENTENCING GUIDELINES.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate for any offense under section 659 or 2311 of title 18, United States Code, as amended by this Act.

    (d) ANNUAL REPORT OF LAW ENFORCEMENT ACTIVITIES.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this Act.

    (e) REPORTING OF CARGO THEFT.--The Attorney General shall take the steps necessary to ensure that reports of cargo theft collected by Federal, State, and local officials are reflected as a separate category in the Uniform Crime Reporting System, or any successor system, by no later than December 31, 2005.

   SEC. 11. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST REQUIREMENTS.

    (a) REPORTING, ENTRY, CLEARANCE REQUIREMENTS.--Section 436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--

    (1) striking ``or aircraft pilot'' and inserting ``, aircraft pilot, operator, or owner of such vessel, vehicle, or aircraft,'';

    (2) striking ``$5,000'' and inserting ``$10,000''; and

    (3) striking ``$10,000'' and inserting ``$25,000''.

    (b) CRIMINAL PENALTY.--Section 436(c) of the Tariff Act of 1930 (19 U.S.C. 1436(c)) is amended by striking ``$2,000'' and inserting ``$10,000''.

    (c) FALSITY OR LACK OF MANIFEST.--Section 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in each place it occurs and inserting ``$10,000''.

--

   AMERICAN ASSOCIATION

   OF PORT AUTHORITIES,

   Alexandria, VA, August 22, 2003.
Hon. JOSEPH R. BIDEN, JR.,
Subcommittee on Crime and Drugs, Committee on the Judiciary, U.S. Senate, Washington, DC.

   DEAR SENATOR BIDEN: I am writing on behalf of the American Association of Port Authorities (AAPA) and its U.S. members. AAPA represents the leading public port authorities in the U.S., Canada and the rest of the Western Hemisphere.

   Port security is the top priority of our members, and AAPA worked closely with Congressional leaders on the passage last year of the Maritime Transportation Security Act. As you know, one portion that was left out of the final bill was the section on criminal penalties. The ``Reducing Crime and Terrorism at American's Seaports Act of 2003,'' that you plan to introduce soon, addresses the need to broaden the federal crime statute and stiffen the penalties for these crimes at seaports.

   AAPA endorses this bill and encourages its strong consideration. It provides increased penalties for entry by false pretense to a port; failure to ``heave to,'' use of a dangerous weapon or explosive on a passenger vessel, criminal sanctions for violence against maritime navigation, penalties for transporting dangerous materials and terrorists; makes destruction or interference with vessels or maritime facilities a crime, limits carrying a weapon or explosive on a port, mandates cargo theft data collection, expands the law regarding theft of interstate shipments, and increases penalties for noncompliance with manifest requirements.

   We commend your leadership on this critical issue and look forward to working with your staff as this bill progresses to ensure the final law works well in the maritime environment and further enhances port and maritime security.

   Sincerely,
KURT NAGLE.

3B) Additional Funding for Bioterrorism Preparedness

Mrs. CLINTON. Madam President, I commend and thank my colleague from Ohio who is always looking out for the children. This has been a mission of his, year in and year out. I thank him for the amendments he has just discussed because every one of them concerns the well-being of our children. I look forward to supporting these amendments. I particularly thank the Senator for amendment 1561 to restore the money for pediatric graduate medical education.

   AMENDMENT NO. 1565 TO AMENDMENT NO. 1542

   Mrs. CLINTON. Madam President, I ask unanimous consent that amendment 1565 be called up.

   The PRESIDING OFFICER. Without objection, the clerk will report.

   The assistant legislative clerk read as follows:

   The Senator from New York [Mrs. CLINTON] proposes an amendment numbered 1565 to amendment No. 1542.

   Mrs. CLINTON. Madam President, I ask unanimous consent that reading of the amendment be dispensed with.

   The PRESIDING OFFICER. Without objection, it is so ordered.

   The amendment is as follows:

    On page 36, line 16, strike the period at the end and insert ``: Provided further, That the amount $6,252,256,000 under the heading `Health Resources and Services' shall be deemed to be $6,272,256,000 of which the additional $20,000,000 shall be available for carrying out sections 765 and 767 of the Public Health Service Act: Provided further, That the amount $4,588,671,000 under the heading `Disease Control, Research, and Training' shall be deemed to be $4,631,871,000: Provided further, That the amount $1,726,846,000 under the heading `Public Health and Social Services Emergency Fund' shall be deemed to be $1,756,846,000: Provided further, That the amount $1,116,156,000 under the heading `Public Health and Social Services Emergency Fund' shall be deemed to be $1,146,156,000 Provided further, That the amount $6,895,199,000 in section 305(a)(1) of this Act shall be deemed to be $6,988,399,000: Provided further, That the amount $6,783,301,000 in section 305(a)(2) of this Act shall be deemed to be $6,690,101,000: Provided further, That of the funds appropriated in this Act for the National Institutes of Health, $93,200,000 shall not be available for obligation until September 30, 2004.

   Mrs. CLINTON. Madam President, this amendment is intended to provide the money that is needed to ensure that at the Federal, State, and local levels, we have an adequate bioterrorism workforce. In order to do that, we have to fund the pipeline.

   This summer the Partnership for Public Service issued a report stating that 50 percent of our experts trained to respond to a biological or chemical attack will retire over the next 5 years. That puts our country and our public health at risk.

   Obviously, every one of us in this body is committed to making our country safer and providing the bioterrorism funding we have fought for since 9/11.

   And I appreciate the great support the Senate has given to increasing dollars to combat the threat of bioterrorism. But, unfortunately, our frontline defenders, who are our health professionals, are decreasing in number when we need them more than ever.

   According to the Office of Personnel Management, more than 2,600 public health professionals in the Federal Government are eligible to retire in 2008, and that number could soar to more than 8,000 in just the next few years.

   Unfortunately, the shortage in personnel is not just Federal. It is already being felt at the State and county levels. In county after county in the public health departments, I have been given reports that so many of the staff members are being stretched thin and they are unable to do the work that is required. If we don't find ways to provide the resources to attract and pay for these professionals, we are going to be in a terrible dilemma not only if a horrible event or some kind of biological or chemical attack were to occur, but even with the outbreak of something like SARS, or something unpredictable that we may have never encountered before.

   The Bioterrorism Preparedness and Response Act that we passed in 2002 does help with workforce training, recruitment and development. But with respect to what has occurred since 2002, we already know we have had increased demands on our public health system, and we have insufficient resources to expand personnel or, as these recent reports I have referenced indicate, keep pace at current levels.

   The CDC and other agencies need to do strategic planning. My amendment includes $5 million to fund an annual needs assessment, with a report to Congress, of Federal, State, and local bioterrorism personnel, conducted by the Institute of Medicine or another competent and independent authority.

   But even while we are looking longer term, we have immediate public health needs right now. I know that, for example, in New York, two Centers for Public Health Preparedness are located at SUNY Albany and Columbia University. They have already trained 10,000 people each year in bioterrorism preparedness. Many regions don't have these centers of excellence, and we have to figure out how we can get the resources and personnel to every part of our country.

   According to the Association of Schools of Public Health Preparedness and Prevention, the 19 nationwide Centers of Public Health Preparedness have asked the administration for $50 million--nearly double what the President's budget proposes. I think we should meet those requests, and my amendment would provide the funds to do that.

   My amendment also provides funds, in accordance with the recommendation of CDC's own National Advisory Committee on Children and Terrorism, to double the number of outbreak specialists in the Epidemic Intelligence Service. These EIS specialists are dispatched to respond to epidemics and bioterrorism.

   The resident expertise that we need in State and local public health departments is also crucial. My amendment would provide $25 million to the Epidemiology Program Office, the National Center for Infectious Diseases, and the Public Health Practice Program Office of the CDC to recruit and train 1,600 epidemiologists, 800 laboratory personnel, 800 public health nurses, and 800 other public health professionals to work in State and local public health

   departments nationwide.

   The Council of State and Territorial Epidemiologists estimates that State and local public health departments need to hire 1,600 epidemiologists over the next 10 years to prevent worsening shortages of State and local epidemiologists. It costs about $60,000 to train a public health professional. This proposal would spread that investment over 10 years.

   Finally, the amendment also provides $20 million for carrying out sections 765 through 769 of the Public

[Page: S11104]

Health Service Act to title VII to encourage personnel to enter epidemiology and bioterrorism detection careers.

   Title VII has been decimated each of the last 3 years. It has been a struggle to keep it even flat-funded from year to year. Unfortunately, the pipeline for epidemiologists and bioterrorism experts has suffered as a result.

   I hope to be able to work this out without the manager of the bill. I understand completely the many competing considerations he has to balance, but it is imperative that we start to meet these needs. If we pass this amendment today and get the money in the pipeline, we can begin to train and hire the doctors, nurses, and other public health professionals who are going to be necessary for us to deal with whatever we face in the future.

   Unfortunately, terrorists or epidemics like SARS don't wait while the retirement notices are stacking up. I don't think we should either. This $93 million would be money well spent that would make us better prepared to deal with the incredible challenges that we confront as we try to ensure that our vigilance and our concern is matched by the expertise we need to actually deal with any problem that we may confront.

   Madam President, I ask that this amendment be supported, but I ask, too, that we look for a way to deal with this pipeline problem that is so critical to actually putting teeth into the preparedness that we have passed in this body and funded since September 11.

   I yield the floor.

The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.

   Mr. SPECTER. Madam President, there is no doubt of the tremendous need for preparation for bioterrorism. During the recess month, I spent most of it traveling through my State visiting first responders--essentially fire departments, in conjunction with police departments and other county organizations that are being set up for response to potential bioterrorist attacks.

   When 9/11 struck, obviously, the U.S. was totally unprepared. I think the ranking member will recall that we had to have the hearing in the bowels of this building because we were kicked out of the other hearing rooms. We brought in the Centers for Disease Control and insisted that they give us an itemization of the various types of biological attack, what resources were currently available, and what additional resources we would need.

   We had a very tough time getting information from the Centers for Disease Control by the time they went through the alphabet soup. They had to get permission from HHS, and then Health and Human Services had to get permission from the Office of Management and Budget. Finally, we got the information informally. We could not get it formally. We got it informally.

   I have just been handed talking points and information and facts by my staff. The way the Senate functions is that these amendments come without any significant advanced notice. The Senator from New York was halfway through her argument before I got a copy of her amendment. I challenge anybody to read the amendment and follow it.

   Well, people can't hear me on C-SPAN because my microphone wasn't on.

   The point was that we did get a supplemental appropriations bill for approximately $3 billion. We had quite an extended discussion in the living quarters of the White House--something I probably ought not to talk about. But the President invited a group of us over and we got into a long discussion. There were those in the administration, according to an article published a day after Thanksgiving, that wanted to put it in next year's budget. They wanted to wait until 2002 to put it in 2003.

   Talking directly to the President, a number of us prevailed and put $3 billion into the budget at that time.

   We now have a very extensive itemization of funding. The CDC has $940 million for State and local preparedness. Upgrading CDC capacity: $143,700,000. Pharmaceutical stockpile: $300 million. Smallpox vaccine--and it goes down to a full page. I ask unanimous consent that list be printed in the RECORD so I need not read it all.

   Mr. SPECTER. Madam President, then the Department of Homeland Security bill was passed by this body with some $29 million, which covers a great deal more funding.

   I appreciate the initiative taken by the Senator from New York and her diligence in coming up with this

[Page: S11105]

amendment in an area which, beyond any question, is of overwhelming importance, critical importance. I, frankly, do not know how to evaluate her request for $93 million additional in the context of all of the programs which are in existence.

   I think it is fair to state, and I think the Senator from New York has an abundance of experience in the executive branch, that the executive branch has better planning capabilities in integrating these items in the overall program. Not that the $93 million might not be well placed, well positioned and critical. It might be, I just cannot say. But I do know there has been extensive consideration by the executive branch, and I also know that the $93 million is not within the 302(b) allocation.

   I come back to this again and again on items which I concede are important, but we do not have the funds within the budget resolution and within the allocation.

   I know the Senator from New York will not be surprised that there will be opposition to it. We will raise a point of order. But I do think the amendment serves a very useful function in identifying what the Senator from New York thinks are critical points that ought to be funded.

   I commit this to the Senator from New York--to have a hearing on the subject and to include the precise items which she has raised so that we will take them into account in our funding stream as we move into the next fiscal year.

   Mrs. CLINTON. Madam President, will the Senator from Pennsylvania yield?

   Mr. SPECTER. I do.

   The PRESIDING OFFICER. The Senator from New York.

   Mrs. CLINTON. Madam President, I wish to express my appreciation to the chairman for that offer. Perhaps even before the bill is totally wrapped up we could take a look at some of those categories of funding because what I am concerned about, as the Senator rightly referenced, is in all of the funding categories, these requests I have put in this amendment are coming from constituent agencies, such as CDC, that at least believe at this point in time that the money available for bioterrorism has not been sufficiently targeted to this personnel issue.

   I appreciate not only the kind offer of a hearing, because I think this is an issue that is going to go on for quite some time--it is not going to be resolved one way or another even if this amendment were successful--but also perhaps in the next several days if our staffs can look to see if there is a better opportunity to better target some of this funding to deal with this pipeline professional problem that is not only at the Federal Government level, but State and local as well.

   The PRESIDING OFFICER. The Senator from Pennsylvania.

   Mr. SPECTER. Madam President, I would be delighted to follow the suggestion made by the Senator from New York to take a look at them regardless of the outcome of the vote. It may be that the executive branch can learn from what the Senator from New York has found on her inquiries and can redirect some of the existing funds, or it is possible we could find some accommodation to this in the course of the conference.

   We will look very closely at the suggestions which the Senator from New York has made and see if we can find a way to accommodate them.

******************

VOTE ON AMENDMENT NO. 1565

   The PRESIDENT pro tempore. The question is on agreeing to the motion with respect to amendment No. 1565.

   The clerk will call the roll.

   The legislative clerk called the roll.

   Mr. MCCONNELL. I announce that the Senator from Tennessee (Mr. ALEXANDER), the Senator from Illinois (Mr. FITZGERALD), the Senator from Texas (Mrs. HUTCHISON), the Senator from Alaska (Ms. MURKOWSKI), and the Senator from Alabama (Mr. SHELBY) are necessarily absent.

   Mr. REID. I announce that the Senator from Louisiana (Mr. BREAUX), the Senator from North Dakota (Mr. DORGAN), the Senator from North Carolina (Mr. EDWARDS), the Senator from Massachusetts (Mr. KERRY), the Senator from Connecticut (Mr. LIEBERMAN), the Senator from Georgia (Mr. MILLER), and the Senator from Florida (Mr. GRAHAM) are necessarily absent.

   I further announce that, if present and voting, the Senator from Massachusetts (Mr. KERRY) would vote ``yea''.

   The result was announced--yeas 41, nays 47, as follows:

   Akaka

   Baucus

   Bayh

   Biden

   Bingaman

   Boxer

   Byrd

   Cantwell

   Clinton

   Conrad

   Corzine

   Daschle

   Dayton

   Dodd

   Durbin

   Feingold

   Feinstein

   Harkin

   Hollings

   Inouye

   Jeffords

   Johnson

   Kennedy

   Kohl

   Landrieu

   Lautenberg

   Leahy

   Levin

   Lincoln

   Mikulski

   Murray

   Nelson (FL)

   Nelson (NE)

   Pryor

   Reed

   Reid

   Rockefeller

   Sarbanes

   Schumer

   Stabenow

   Wyden

   Allard

   Allen

   Bennett

   Bond

   Brownback

   Bunning

   Burns

   Campbell

   Carper

   Chafee

   Chambliss

   Cochran

   Coleman

   Collins

   Cornyn

   Craig

   Crapo

   DeWine

   Dole

   Domenici

   Ensign

   Enzi

   Frist

   Graham (SC)

   Grassley

   Gregg

   Hagel

   Hatch

   Inhofe

   Kyl

   Lott

   Lugar

   McCain

   McConnell

   Nickles

   Roberts

   Santorum

   Sessions

   Smith

   Snowe

   Specter

   Stevens

   Sununu

   Talent

   Thomas

   Voinovich

   Warner

   Alexander

   Breaux

   Dorgan

   Edwards

   Fitzgerald

   Graham (FL)

   Hutchison

   Kerry

   Lieberman

   Miller

   Murkowski

   Shelby

   The PRESIDENT pro tempore. On this question, the yeas are 41, the nays are 47. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained and the amendment falls.

******************

By 41 yeas to 47 nays (Vote No. 328), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 504 of H. Con. Res. 95, Congressional Budget Resolution, with respect to Clinton Amendment No. 1565 (to Amendment No. 1542), to provide additional funding to ensure an adequate bioterrorism preparedness workforce. Subsequently, the point of order that the amendment would exceed discretionary spending limits and thus be in violation of section 504 of H. Con. Res. 95, Congressional Budget Resolution, was sustained, and the amendment thus falls.

Return to the Congressional Report Weekly.