S.Amdt. 5012

TEXT OF AMENDMENTS

SA 5007. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 4970 proposed by Mr. DeMint to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.

Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the
individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is permanently
disqualified from being issued a transportation security card
under subsection (b) if the individual has been convicted, or
found not guilty by reason of insanity, in a civilian or
military jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit espionage.
``(ii) Sedition or conspiracy to commit sedition.
``(iii) Treason or conspiracy to commit treason.
``(iv) A crime listed in chapter 113B of title 18, a
comparable State law, or conspiracy to commit such crime.
``(v) A crime involving a transportation security incident.
In this clause, a transportation security incident--

``(I) is a security incident resulting in a significant
loss of life, environmental damage, transportation system
disruption, or economic disruption in a particular area (as
defined in section 70101 of title 46); and
``(II) does not include a work stoppage or other nonviolent
employee-related action, resulting from an employer-employee
dispute.

``(vi) Improper transportation of a hazardous material
under section 5124 of title 49, or a comparable State law;.
``(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, storage of, or dealing in an
explosive or incendiary device (as defined in section 232(5)
of title 18, explosive materials (as defined in section
841(c) of title 18), or a destructive device (as defined in
921(a)(4) of title 18).
``(viii) Murder.
``(ix) Conspiracy or attempt to commit any of the crimes
described in clauses (v) through (viii).
``(x) A violation of the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.), or a comparable
State law, if 1 of the predicate acts found by a jury or
admitted by the defendant consists of 1 of the offenses
listed in clauses (iv) and (viii).
``(xi) Any other felony that the Secretary determines to be
a permanently disqualifying criminal offense.
``(B) Interim disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is disqualified
from being issued a biometric transportation security card
under subsection (b) if the individual has been convicted, or
found not guilty by reason of insanity, during the 7-year
period ending on the date on which the individual applies for
such or card, or was released from incarceration during the
5-year period ending on the date on which the individual
applies for such a card, of any of the following felonies:
``(i) Assault with intent to murder.
``(ii) Kidnapping or hostage taking.
``(iii) Rape or aggravated sexual abuse.
``(iv) Unlawful possession, use, sale, manufacture,
purchase, distribution, receipt, transfer, shipping,
transporting, delivery, import, export of, or dealing in a
firearm or other weapon. In this clause, a firearm or other
weapon includes, but is not limited to--

``(I) firearms (as defined in section 921(a)(3) of title
18); and
``(II) items contained on the United States Munitions
Import List under 447.21 of title 27 Code of Federal
Regulations.

``(v) Extortion.
``(vi) Dishonesty, fraud, or misrepresentation, including
identity fraud.
``(vii) Bribery.
``(viii) Smuggling.
``(ix) Immigration violations.
``(x) A violation of the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961, et seq.) or a comparable
State law, other than a violation listed in subparagraph
(A)(x).
``(xi) Robbery.
``(xii) Distribution of, possession with intent to
distribute, or importation of a controlled substance.
``(xiii) Arson.
``(xiv) Conspiracy or attempt to commit any of the crimes
in this subparagraph.
``(xv) Any other felony that the Secretary determines to be
a disqualifying criminal offense under this subparagraph.
``(C) Other potential disqualifications.--Except as
provided under subparagraphs (A) and (B), an individual may
not be denied a transportation security card under subsection
(b) unless the Secretary determines that individual--
``(i) has been convicted within the preceding 7-year period
of a felony or found not guilty by reason of insanity of a
felony--

``(I) that the Secretary believes could cause the
individual to be a terrorism security risk to the United
States; or
``(II) for causing a severe transportation security
incident;

``(ii) has been released from incarceration within the
preceding 5-year period for committing a felony described in
clause (i);
``(iii) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security risk to the
United States.''.
SA 5008. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 4923 proposed by Mr. Isakson to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. CARGO SCREENING.

(a) Radiation Risk Reduction.--
(1) Safety protocols.--Before requiring any port cargo
screening procedures involving the use of ionizing or non-
ionizing radiation, the Secretary, in consultation with the
Secretary of Labor and the Director of the National Institute
of Occupational Safety and Health at the Centers for Disease
Control, shall develop and implement protocols to protect the
safety of port workers and the general public.
(2) Publication.--The protocols developed under paragraph
(1) shall be--
(A) published and made available for public comment; and
(B) designed to reduce the short- and long-term exposure of
worker and the public to the lowest levels feasible.
(3) Report.--Not later than 1 year after the implementation
of protocols under paragraph (1), the Council of the National
Academy of Sciences and Director of the National Institute of
Occupational Safety and Health shall each submit a report to
Congress that includes--
(A) information regarding the exposure of workers and the
public and the possible risk to their health and safety, if
any, posed by these screening procedures; and
(B) any recommendations for modification of the cargo
screening protocols to reduce exposure to ionizing or non-
ionizing radiation to the lowest levels feasible.
(b) Government Responsibility.--Any employer of an employee
who has an illness or injury for which exposure to ionizing
or non-ionizing radiation from port cargo screening
procedures required under Federal law is a contributing cause
may seek, and shall receive, full reimbursement from the
Federal Government for additional costs associated with such
illness or injury, including costs incurred by the employer
under the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.), State workers' compensation laws, or
other equivalent programs.

______

SA 5009. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 4957 proposed by Mrs. Clinton (for herself and Mrs. Dole)
to the bill H.R. 4954, to improve maritime and cargo security through
enhanced

[[Page S9642]]

layered defenses, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 1, strike line 7 and all that follows
through page 10, line 12, and insert the following:
(a) Grants Required.--The Secretary of Health and Human
Services, acting through the Assistant Secretary for Children
and Families, shall award a grant to each eligible State to
carry out a program for the purpose of making 2-1-1 telephone
service available to all residents of the State with phone
service for information on and referral to human services.
The grant, and the service provided through the grant, shall
supplement existing (as of the date of the award) funding
streams or services. Before making a payment for a year to
the State under the grant, the Secretary may conduct an
evaluation to ensure that the State remains eligible for the
grant.
(b) Period and Amount of Grants.--The Secretary of Health
and Human Services shall award the grants for periods
determined by the Secretary, which shall be not more than 5
years. The Secretary shall award the grants in amounts that
are not less than a minimum amount determined by the
Secretary.
(c) Requirement on Share of Activities.--
(1) Requirement of matching resources.--The Secretary may
not make a payment to a State--
(A) for a first year under a grant awarded under this
section, unless the State ensures that at least 50 percent of
the resources of the program funded by the grant will be
derived from other sources;
(B) for a second year under such a grant, unless the State
ensures that at least 60 percent of those resources will be
derived from other sources;
(C) for the third year under such a grant, unless the State
ensures that at least 70 percent of those resources will be
derived from other sources;
(D) for the fourth year under such a grant, unless the
State ensures that at least 80 percent of those resources
will be derived from other sources; and
(E) for the fifth year under such a grant, unless the State
ensures that at least 95 percent of those resources will be
derived from other sources.
(2) In-kind contributions.--The requirements specified in
paragraph (1) may be satisfied by in-kind contributions of
goods or services.
(d) Lead Entity.--
(1) In general.--A State seeking a grant under this section
shall carry out this section through a lead entity (also
known as a ``2-1-1 Collaborative'') meeting the requirements
of this subsection.
(2) 2-1-1 collaborative.--An entity shall be treated as the
2-1-1 Collaborative for a State under this subsection if the
entity--
(A) exists for such purpose under State law;
(B) exists for such purpose by order of the State public
utility commission; or
(C) is a collaborative entity established by the State for
such purpose from among representatives of--
(i) an informal existing (as of the date of establishment
of the entity) 2-1-1 statewide collaborative, if any, in the
State;
(ii) State agencies;
(iii) community-based organizations;
(iv) faith-based organizations;
(v) not-for-profit organizations;
(vi) comprehensive and specialized information and referral
providers, including current (as of the date of establishment
of the entity) 2-1-1 call centers;
(vii) foundations; and
(viii) businesses.
(3) Requirements for preexisting lead entities.--An entity
described by subparagraph (A) or (B) of paragraph (2) may be
treated as a lead entity under this subsection only if such
entity collaborates, to the extent practicable, with the
organizations and entities listed in subparagraph (C) of that
paragraph.
(e) Application.--
(1) In general.--The lead entity for each State seeking a
grant under this section shall submit to the Secretary an
application in such form as the Secretary shall require.
(2) Information.--An application for a State under this
subsection shall contain information as follows:
(A) Information, on the program to be carried out by the
lead entity for the State so that every resident of the State
with phone service may call the 2-1-1 telephone service at no
charge to the caller, describing how the lead entity plans to
make available throughout the State 2-1-1 telephone service
information and referral on human services, including
information on the manner in which the lead entity will
develop, sustain, and evaluate the program.
(B) Information on the sources of resources for the program
for purposes of meeting the requirement specified in
subsection (c).
(C) Information describing how the entity shall provide, to
the extent practicable, a statewide database available to all
residents of the State as well as all providers of human
services programs, through the Internet, that will allow them
to search for programs or services that are available
according to the data gathered by the human services programs
in the State.
(D) Any additional information that the Secretary may
require for purposes of this section.
(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that submit
applications to make 2-1-1 telephone service available in
areas that are in the planning stages of developing, or have
not achieved, 2-1-1 telephone service coverage, and have met
the requirements specified in subsections (c), (d), and (e).
(g) Subgrants.--
(1) Authority.--In carrying out a program to make 2-1-1
telephone service available to all residents of a State with
phone service, the lead entity for the State may award
subgrants to such persons or entities as the lead entity
considers appropriate for purposes of the program, including
subgrants to provide funds--
(A) for the provision of 2-1-1 telephone service; and
(B) for the collection and display of information for the
statewide database.
(2) Considerations.--In awarding a subgrant under this
subsection, a lead entity shall consider--
(A) the ability of the person or entity seeking the
subgrant to carry out activities or provide services
consistent with the program;
(B) the extent to which the award of the subgrant will
facilitate equitable geographic distribution of subgrants
under this section to ensure that rural communities have
access to 2-1-1 telephone service; and
(C) the extent to which the recipient of the subgrant will
establish and maintain cooperative relationships with
specialized information and referral centers, including Child
Care Resource Referral Agencies, crisis centers, 9-1-1 call
centers, and 3-1-1 call centers, if applicable.
(h) Use of Grant and Subgrant Amounts.--
(1) In general.--Amounts awarded as grants or subgrants
under this section shall be used solely to make available 2-
1-1 telephone service to all residents of a State with phone
service for information on and referral to human services,
including telephone connections between families and
individuals seeking such services and the providers of such
services.
(2) Particular matters.--In making 2-1-1 telephone service
available, the recipient of a grant or subgrant shall, to the
maximum extent practicable--
(A) abide by the highest quality existing (as of the date
of the award of the grant or subgrant) Key Standards for 2-1-
1 Centers; and
(B) collaborate with human services organizations, whether
public or private, to provide an exhaustive database of
services with which to provide information or referrals to
individuals utilizing 2-1-1 telephone service.
(3) Use of funds.--Amounts of a subgrant under subsection
(g) may be used by subgrant recipients for statewide and
regional planning, start-up costs (including costs of
software and hardware upgrades and telecommunications costs),
training, accreditation, public awareness activities,
evaluation of activities, Internet hosting and site
development for a statewide database, and database
integration projects that incorporate data from different 2-
1-1 programs into a single statewide database. The amounts
may not be used for maintenance activities or any other
ongoing activity that promotes State reliance on the amounts.
(i) Requirement on Allocation of Grant Amounts.--Of the
amounts awarded under this section, an aggregate of not more
than 15 percent shall be allocated for evaluation, training,
and technical assistance, and for management and
administration of subgrants awarded under this section.
(j) Reports.--The lead entity for each State awarded a
grant under this section for a fiscal year shall submit to
the Secretary, not later than 60 days after the end of such
fiscal year, a report on the program funded by the grant.
Each report shall--
(1) describe the program funded by the grant;
(2) assess the effectiveness of the program in making
available, to all residents of the State with phone service,
2-1-1 telephone service, for information on and referral to
human services in accordance with the provisions of this
section; and
(3) assess the effectiveness of collaboration with human
services resource and referral entities and service
providers.
(k) Definitions.--In this section:
(1) Human services.--The term ``human services'' means
services as follows:
(A) Services that assist individuals in becoming more self-
sufficient, in preventing dependency, and in strengthening
family relationships.
(B) Services that support personal and social development.
(C) Services that help ensure the health and well-being of
individuals, families, and communities.
(2) Information and referral center.--The term
``information and referral center'' means a center that--
(A) maintains a database of providers of human services in
a State or locality;
(B) assists individuals, families, and communities in
identifying, understanding, and accessing the providers of
human services and the human services offered by the
providers; and
(C) tracks types of calls referred and received to document
the demands for services.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the

[[Page S9643]]

United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.

SEC. _2. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
carry out this title, $50,000,000 for fiscal year 2007 and
such sums as may be necessary for each of fiscal years 2008
through 2012.
______

SA 5010. Mr. INOUYE (for himself and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 4993 submitted by Mr.
DeMint and intended to be proposed to the bill H.R. 4954, to improve
maritime and cargo security through enhanced layered defenses, and for
other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ------. OFFENSES THAT PRECLUDE ISSUANCE OF
TRANSPORTATION SECURITY CARDS.

(a) In General.--Section 70105(c)(1)(A) of title 46, United
States Code, is amended to read as follows:
``(A) has been convicted within the preceding 7-year
period, or found not guilty by reason of insanity, of a
felony violation of--
``(i) espionage;
``(ii) sedition;
``(iii) treason;
``(iv) a violation of chapter 113B of title 18, United
States Code, or a comparable State law;
``(v) a crime involving a transportation security incident;
``(vi) improper transportation of a hazardous material
under section 5124 of title 49, United States Code, or a
comparable State law;
``(vii) unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, storage of, or dealing in an
explosive or explosive device;
``(viii) murder;
``(ix) conspiracy or attempt to commit any offense
described in clauses (i) through (viii);
``(x) a violation of chapter 96 of title 18, United States
Code, or a comparable State law, where one of the predicate
acts found by a jury or admitted by the defendant, consists
of an offense described in clause (iv) or (viii);
``(xi) a nature believed by the Secretary to cause the
individual to be a terrorism security risk to the United
States; or
``(xii) a kind that was the cause of a severe
transportation security incident.''.
(b) Additional Security Risk Offenses.--Within 1 year after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration)
and the Commandant of the Coast Guard shall jointly transmit
a report to the appropriate congressional committees
containing an evaluation of additional felony offenses that
may indicate a sufficiently serious security threat to
warrant their addition to the list of offenses described in
section 70105(c)(1)(A) of title 46, United States Code.
(c) Savings Clause.--Nothing in subsection (b), or in
section 70105(c)(1)(A) of title 46, United States Code, as
amended by subsection (a), limits the authority of the
Secretary of the department in which the Coast Guard is
operating to alter the list of offenses that will disqualify
an individual from being eligible to receive a transportation
security card under section 70105 of title 46, United States
Code.

______

SA 5011. Mr. INOUYE (for himself and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 4992 submitted by Mr.
DeMint and intended to be proposed to the amendment SA 4970 proposed by
Mr. DeMint to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes;
which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ------. OFFENSES THAT PRECLUDE ISSUANCE OF
TRANSPORTATION SECURITY CARDS.

(a) In General.--Section 70105(c)(1)(A) of title 46, United
States Code, is amended to read as follows:
``(A) has been convicted within the preceding 7-year
period, or found not guilty by reason of insanity, of a
felony violation of--
``(i) espionage;
``(ii) sedition;
``(iii) treason;
``(iv) a violation of chapter 113B of title 18, United
States Code, or a comparable State law;
``(v) a crime involving a transportation security incident;
``(vi) improper transportation of a hazardous material
under section 5124 of title 49, United States Code, or a
comparable State law;
``(vii) unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, storage of, or dealing in an
explosive or explosive device;
``(viii) murder;
``(ix) conspiracy or attempt to commit any offense
described in clauses (i) through (viii);
``(x) a violation of chapter 96 of title 18, United States
Code, or a comparable State law, where one of the predicate
acts found by a jury or admitted by the defendant, consists
of an offense described in clause (iv) or (viii);
``(xi) a nature believed by the Secretary to cause the
individual to be a terrorism security risk to the United
States; or
``(xii) a kind that was the cause of a severe
transportation security incident.''.
(b) Additional Security Risk Offenses.--Within 1 year after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration)
and the Commandant of the Coast Guard shall jointly transmit
a report to the appropriate congressional committees
containing an evaluation of additional felony offenses that
may indicate a sufficiently serious security threat to
warrant their addition to the list of offenses described in
section 70105(c)(1)(A) of title 46, United States Code.
(c) Savings Clause.--Nothing in subsection (b), or in
section 70105(c)(1)(A) of title 46, United States Code, as
amended by subsection (a), limits the authority of the
Secretary of the department in which the Coast Guard is
operating to alter the list of offenses that will disqualify
an individual from being eligible to receive a transportation
security card under section 70105 of title 46, United States
Code.

______

SA 5012. Mr. INOUYE (for himself and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 4970 proposed by Mr.
DeMint to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ------. OFFENSES THAT PRECLUDE ISSUANCE OF
TRANSPORTATION SECURITY CARDS.

(a) In General.--Section 70105(c)(1)(A) of title 46, United
States Code, is amended to read as follows:
``(A) has been convicted within the preceding 7-year
period, or found not guilty by reason of insanity, of a
felony violation of--
``(i) espionage;
``(ii) sedition;
``(iii) treason;
``(iv) a violation of chapter 113B of title 18, United
States Code, or a comparable State law;
``(v) a crime involving a transportation security incident;
``(vi) improper transportation of a hazardous material
under section 5124 of title 49, United States Code, or a
comparable State law;
``(vii) unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, storage of, or dealing in an
explosive or explosive device;
``(viii) murder;
``(ix) conspiracy or attempt to commit any offense
described in clauses (i) through (viii);
``(x) a violation of chapter 96 of title 18, United States
Code, or a comparable State law, where one of the predicate
acts found by a jury or admitted by the defendant, consists
of an offense described in clause (iv) or (viii);
``(xi) a nature believed by the Secretary to cause the
individual to be a terrorism security risk to the United
States; or
``(xii) a kind that was the cause of a severe
transportation security incident.''.
(b) Additional Security Risk Offenses.--Within 1 year after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration)
and the Commandant of the Coast Guard shall jointly transmit
a report to the appropriate congressional committees
containing an evaluation of additional felony offenses that
may indicate a sufficiently serious security threat to
warrant their addition to the list of offenses described in
section 70105(c)(1)(A) of title 46, United States Code.
(c) Savings Clause.--Nothing in subsection (b), or in
section 70105(c)(1)(A) of title 46, United States Code, as
amended by subsection (a), limits the authority of the
Secretary of the department in which the Coast Guard is
operating to alter the list of offenses that will disqualify
an individual from being eligible to receive a transportation
security card under section 70105 of title 46, United States
Code.

______

SA 5013. Mr. CRAIG submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. Notwithstanding any other provision of this Act,
there is appropriated $523,081,496 to make safety net
payments for fiscal year 2007 under section 101 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), to remain available
until expended.

______

SA 5014. Mr. SMITH (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him

[[Page S9644]]

to the bill H.R. 4954, to improve maritime and cargo security through
enhanced layered defenses, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. EQUIVALENCY OF MERCHANT MARINER DOCUMENTS AND
TRANSPORTATION WORKER IDENTITY CREDENTIAL.

Section 7302 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(h) A merchant mariner's document issued under this
section shall be treated as a biometric transportation
security card required by section 70105.''.

SEC. ___. INCLUSION OF BIOMETRIC IDENTIFIER TO MERCHANT
MARINER DOCUMENTS.

Section 7303 of title 46, United States Code, is amended by
adding at the end the following: ``The document shall also
include a biometric identifier that complies with the
requirements of section 70105.''.

SEC. COAST GUARD.

In issuing merchant mariner documents, the Coast Guard
shall be the lead agency responsible for ensuring compliance
with the requirements of section 70105 of title 46, United
States Code governing issuance of biometric transportation
security card.

______

SA 5015. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 4942 proposed by Mr. Lautenberg to the bill
H.R. 4954, to improve maritime and cargo security through enhanced
layered defenses, and for other purposes; which was ordered to lie on
the table; as follows:

Strike all beginning at line 1 and insert:
``Section __. Interim Verification of Individuals--(a)
Terrorist Watch List Comparison and Immigration Records
Check.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall--
(1) complete a comparison of each individual who has
unescorted access to a secure area of a seaport facility (as
designated in an approved facility security plan in
accordance with section 70103(c) of title 46, United States
Code) against terrorist watch lists to determine if the
individual poses a threat; and
(2) determine whether each such individual may be denied
admission to the United States, or removed from the United
States, under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(b) Continuing Requirement.--In the case of an individual
who is given unescorted access to a secure area of a seaport
facility after the date on which the Secretary completes the
requirements of paragraph (1) and before the date on which
the Secretary begins issuing transportation security cards at
the seaport facility, the Secretary shall conduct a
comparison of the individual against terrorist watch lists
and determine whether the individual is lawfully present in
the United States.
(c) Interim Final Regulations.--In order to carry out this
subsection, the Secretary shall issue interim final
regulations to require submission to the Secretary of
information necessary to carry out the requirements of
paragraph (1).
(d) Privacy Requirements.--Terrorist watch list comparisons
and immigration records checks under this subsection shall be
carried out in accordance with the requirements of section
552a of title 5, United States Code.
(e) Restrictions on Use and Maintenance of Information.--
(1) Restriction on Disclosure.--Information obtained by the
Secretary in the course of comparing the individual against
terrorist watch lists under this subsection may not be made
available to the public, including the individual's employer.
(2) Confidentiality; Use.--Any information constituting
grounds for prohibiting the employment of an individual in a
position described in paragraph (1)(A) shall be maintained
confidentially by the Secretary and may be used only for
making determinations under this section. The Secretary may
share any such information with appropriate Federal, State,
local, and tribal law enforcement agencies.
(f) Terrorist Watch Lists Defined.--In this subsection, the
term `terrorist watch lists' means all available information
on known or suspected terrorists or terrorist threats.''
______

SA 5016. Mr. STEVENS proposed an amendment to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. PHASE-OUT OF VESSELS SUPPORTING OIL AND GAS
DEVELOPMENT.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 U.S.C. App. 883) and sections 12105(c) and 12106 of title
46, United States Code, a foreign-flag vessel may be employed
for the movement or transportation of anchors for operations
in support of exploration of offshore mineral or energy
resources in the Beaufort Sea or the Chukchi Sea by or on
behalf of a lessee--
(1) until January 1, 2010, if the Secretary of the
department in which the Coast Guard is operating determines
that insufficient eligible vessels documented under chapter
121 of title 46, United States Code, are reasonably available
and suitable for these support operations; and
(2) during the period beginning January 1, 2010, and ending
December 31, 2012, if the Secretary determines that--
(A) the lessee has entered into a binding agreement to use
eligible vessels documented under chapter 121 of title 46,
United States Code, in sufficient numbers and with sufficient
suitability to replace foreign flag vessels operating under
this section; and
(B) the Secretary determines that no eligible vessel
documented under chapter 121 of title 46, United States Code,
is reasonably available and suitable for these support
operations to replace any foreign flag vessel operating under
this section. If such a determination is made, until January
1, 2013, if no vessel documented under the laws of the United
States is reasonably available and suitable for these support
operations to replace any foreign-flag vessel operating under
this section.
______

SA 5017. Mr. STEVENS (for Mr. Grassley) proposed an amendment to the
bill H.R. 4954, to improve maritime and cargo security through enhanced
layered defenses, and for other purposes; as follows:

On page 5, line 2, insert ``to'' before ``secure''.
On page 8, line 8, strike the first period and ``; and''.
On page 12, line 24, strike ``, of this section'' and
insert ``of this section,''.
On page 16, line 15, strike ``and State'' and insert
``State''.
On page 16, line 18, after ``stakeholders'' insert the
following: ``adversely affected by a transportation security
incident or transportation disruption''.
On page 17, line 23, insert ``Public Law 108-293'' before
``118''.
On page 20, line 15, strike ``of the Nation's commercial
seaports'' and insert ``of the commercial seaports of the
United States''.
On page 24, line 4, strike the semicolon and insert a
comma.
On page 24, line 13, strike ``(2)'' and insert ``(1)''.
On page 27, line 23, strike ``ocean-borne'' and insert
``oceanborne''.
On page 28, line 8, strike ``ocean-borne'' and insert
``oceanborne''.
On page 29, line 5, strike ``, and'' and insert ``and''.
On page 33, line 17, after ``issues'', insert ``resulting
from a transportation security incident or transportation
disruption''.
On page 36, line 11, insert ``the'' before ``Container''.
On page 39, line 24, strike ``ocean-borne'' and insert
``oceanborne''.
On page 48, line 7, insert a comma after ``Commissioner''.
On page 69, line 3, strike ``Undersecretary'' and insert
``Under Secretary''.
On page 72, lines 18 and 19, strike ``the current fiscal
year'' and insert ``the fiscal year in which the report is
filed''.
On page 73, line 23, strike ``the current fiscal year'' and
insert ``the fiscal year in which the report is filed''.
On page 85, line 23, strike the first period.
______

SA 5018. Mr. STEVENS (for Ms. Snowe) proposed an amendment to the
bill H.R. 4954, to improve maritime and cargo security through enhanced
layered defenses, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC.__. COAST GUARD PROPERTY IN PORTLAND, MAINE.

Section 347(c) of the Maritime Transportation Security Act
of 2002 (Public Law 107-295; 116 Stat. 2109) is amended by
striking ``within 30 months from the date of conveyance.''
and inserting ``by December 31, 2009.''.

____________________