[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[Senate]
[Pages S13693-S13694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PORT AND MARITIME SECURITY ACT

  Mr. HOLLINGS. Mr. President, we worked hard with the administration 
to incorporate many of their suggested changes in this bill to sharpen 
the policy and create a better legislative product. I had intended to 
work with Chairman Leahy of the Judiciary Committee to modernize and 
update some of our maritime criminal laws to reflect the realities 
following the attacks of September 11th, and to strengthen our laws to 
protect against maritime terrorism. Unfortunately, the administration 
did not consult or share with the Judiciary Committee the changes in 
criminal laws and other matters within the Judiciary Committee's 
jurisdiction that were provided to me. I ask the chairman of the 
Judiciary Committee if he would be willing to work to work with me and 
Senator McCain next year to consider whether new criminal provisions 
are necessary to enhance seaport security?
  Mr. LEAHY. Mr. President, I am also very concerned that we develop 
policies to more adequately protect our maritime vulnerabilities and 
protect the public from the threats emerging as a result of maritime 
trade. I would be happy to work with Chairman Hollings and Ranking 
Member McCain next year to evaluate whether any gaps in our criminal 
laws to protect our maritime safety and seaport security exist and the 
appropriate steps we should take to close those gaps.
  Additionally, I have expressed to Chairman Hollings my concerns that 
we properly limit access to and use of sensitive law enforcement 
information relating to background checks which are provided for in 
this bill. Chairman Hollings has assured me that the bill sets strict 
and appropriate limits as to both when such access will be required and 
how the information will be used once obtained. I would like to ask 
Chairman Hollings if he could explain those provisions?
  Mr. HOLLINGS. Mr. President, I share Chairman Leahy's concern that we 
provide adequate safeguards for both access to and use of this 
sensitive

[[Page S13694]]

information. That is why we have included important protections and 
limitations for such use and access in the bill. Background checks will 
be limited to those employees who have access to sensitive cargo 
information or unrestricted access to segregated ``controlled access 
areas,'' that is defined areas within ports, terminals, or affiliated 
maritime infrastructure which present a demonstrable security concern. 
In addition, under this bill the use of such material, once it is 
obtained, will be restricted to the minimum necessary to disqualify an 
ineligible employee. In other words, only the minimum amount of law 
enforcement information necessary to make eligibility decisions will be 
shared with port authorities or maritime terminal operators.

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