[Congressional Record Volume 155, Number 131 (Wednesday, September 16, 2009)]
[Senate]
[Pages S9441-S9446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 2407. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 304, line 19, strike the period and insert the 
     following: ``;
       ``(8) involving manufacturing, distributing, or possessing 
     with intent to manufacture or distribute, a controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)); and
       ``(9) is a member of a criminal street gang, as defined in 
     section 521 of title 18, United States Code.''.
                                 ______
                                 
  SA 2408. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 301, strike lines 4 through 10, and insert the 
     following:
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section. The Secretary may waive this requirement upon 
     determining such a waiver is necessary to facilitate the 
     financing of acquisition, refinancing, construction, or 
     rehabilitation of the receiving project.

[[Page S9442]]

       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased. The Secretary 
     may waive this requirement upon determining such a waiver is 
     necessary to facilitate the financing of acquisition, 
     refinancing, construction, or rehabilitation of the receiving 
     project.
                                 ______
                                 
  SA 2409. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 318, between lines 11 and 12, insert the following:
       Sec. 234.  Section 2301 of the Foreclosure Prevention Act 
     of 2008 (42 U.S.C. 5301 note) is amended--
       (1) in subsection (c)(4)--
       (A) in subparagraph (A), by striking ``for purchase and 
     redevelopment of foreclosed upon homes and residential 
     properties,'' and inserting ``for the eligible uses or 
     properties described in subparagraphs (B) through (E)''; and
       (B) in subparagraph (C), by striking ``for homes and 
     residential properties that have been foreclosed upon'' and 
     inserting ``for properties described in subparagraphs (B), 
     (D), and (E)''; and
       (2) in subsection (f)(3)(A)(ii), by striking ``for the 
     purchase and redevelopment of abandoned or foreclosed upon 
     homes or residential properties that will be used''.
                                 ______
                                 
  SA 2410. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 179, between lines 4 and 5, insert the following:

     SEC. 118. LIMITATION ON USE OF FUNDS FOR JOHN MURTHA 
                   JOHNSTOWN-CAMBRIA COUNTY AIRPORT.

       None of the funds appropriated or otherwise made available 
     by this title (including funds derived from the Airport and 
     Airway Trust Fund) may be obligated or expended by the 
     Secretary of Transportation, the Administrator of the Federal 
     Aviation Administration, or any other officer or employee of 
     the Department of Transportation for use at, or in connection 
     with operations (other than air traffic control operations) 
     at, the John Murtha Johnstown-Cambria County Airport, 
     including to provide subsidized air service to or from that 
     Airport.
                                 ______
                                 
  SA 2411. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, strike lines 8 and 9, and redesignate paragraphs 
     (2) through (4) as paragraphs (1) through (3), respectively.
                                 ______
                                 
  SA 2412. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, line 9 insert ``, unless a State determines that 
     there is a highway safety benefit'' before the semicolon at 
     the end.
                                 ______
                                 
  SA 2413. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 179, between lines 4 and 5, insert the following:

     SEC. 118. AIRLINE PASSENGER BILL OF RIGHTS.

       (a) Short Title.--This section may be cited as the 
     ``Airline Passenger Bill of Rights Act of 2009''.
       (b) Airline Customer Service Commitment.--
       (1) In general.--Chapter 417 of title 49, United States 
     Code, is amended by adding at the end the following:

               ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

     ``Sec. 41781. Air carrier and airport contingency plans for 
       long on-board tarmac delays

       ``(a) Definition of Tarmac Delay.--The term `tarmac delay' 
     means the holding of an aircraft on the ground before taking 
     off or after landing with no opportunity for its passengers 
     to deplane.
       ``(b) Submission of Air Carrier and Airport Plans.--Not 
     later than 60 days after the date of the enactment of this 
     section, each air carrier and airport operator shall submit, 
     in accordance with the requirements under this section, a 
     proposed contingency plan to the Secretary of Transportation 
     for review and approval.
       ``(c) Minimum Standards.--The Secretary of Transportation 
     shall establish minimum standards for elements in contingency 
     plans required to be submitted under this section to ensure 
     that such plans effectively address long on-board tarmac 
     delays and provide for the health and safety of passengers 
     and crew.
       ``(d) Air Carrier Plans.--The plan shall require each air 
     carrier to implement at a minimum the following:
       ``(1) Provision of essential services.--Each air carrier 
     shall provide for the essential needs of passengers on board 
     an aircraft at an airport in any case in which the departure 
     of a flight is delayed or disembarkation of passengers on an 
     arriving flight that has landed is substantially delayed, 
     including--
       ``(A) adequate food and potable water;
       ``(B) adequate restroom facilities;
       ``(C) cabin ventilation and comfortable cabin temperatures; 
     and
       ``(D) access to necessary medical treatment.
       ``(2) Right to deplane.--
       ``(A) In general.--Each air carrier shall submit a proposed 
     contingency plan to the Secretary of Transportation that 
     identifies a clear time frame under which passengers would be 
     permitted to deplane a delayed aircraft. After the Secretary 
     has reviewed and approved the proposed plan, the air carrier 
     shall make the plan available to the public.
       ``(B) Delays.--
       ``(i) In general.--As part of the plan, except as provided 
     under clause (iii), an air carrier shall provide passengers 
     with the option of deplaning and returning to the terminal at 
     which such deplaning could be safely completed, or deplaning 
     at the terminal if--

       ``(I) 3 hours have elapsed after passengers have boarded 
     the aircraft, the aircraft doors are closed, and the aircraft 
     has not departed; or
       ``(II) 3 hours have elapsed after the aircraft has landed 
     and the passengers on the aircraft have been unable to 
     deplane.

       ``(ii) Frequency.--The option described in clause (i) shall 
     be offered to passengers at a minimum not less often than 
     once during each successive 3-hour period that the plane 
     remains on the ground.
       ``(iii) Exceptions.--This subparagraph shall not apply if--

       ``(I) the pilot of such aircraft reasonably determines that 
     the aircraft will depart or be unloaded at the terminal not 
     later than 30 minutes after the 3-hour delay; or
       ``(II) the pilot of such aircraft reasonably determines 
     that permitting a passenger to deplane would jeopardize 
     passenger safety or security.

       ``(C) Application to diverted flights.--This section 
     applies to aircraft without regard to whether they have been 
     diverted to an airport other than the original destination.
       ``(D) Reports.--Not later than 30 days after any flight 
     experiences a tarmac delay lasting at least 3 hours, the air 
     carrier responsible for such flight shall submit a written 
     description of the incident and its resolution to the 
     Aviation Consumer Protection Office of the Department of 
     Transportation.
       ``(e) Airport Plans.--Each airport operator shall submit a 
     proposed contingency plan under subsection (b) that contains 
     a description of--
       ``(1) how the airport operator will provide for the 
     deplanement of passengers following a long tarmac delay; and
       ``(2) how, to the maximum extent practicable, the airport 
     operator will provide for the sharing of facilities and make 
     gates available at the airport for use by aircraft 
     experiencing such delays.
       ``(f) Updates.--The Secretary of Transportation shall 
     require periodic reviews and updates of the plans as 
     necessary.
       ``(g) Approval.--
       ``(1) In general.--Not later than 6 months after the date 
     of the enactment of this section, the Secretary of 
     Transportation shall--
       ``(A) review the initial contingency plans submitted under 
     subsection (b); and
       ``(B) approve plans that closely adhere to the standards 
     described in subsection (d) or (e), whichever is applicable.
       ``(2) Updates.--Not later than 60 days after the submission 
     of an update under subsection (f) or an initial contingency 
     plan by a new air carrier or airport operator, the Secretary 
     shall--
       ``(A) review the plan; and
       ``(B) approve the plan if it closely adheres to the 
     standards described in subsection (d) or (e), which ever is 
     applicable.
       ``(h) Civil Penalties.--The Secretary may assess a civil 
     penalty under section 46301 against any air carrier or 
     airport operator that does not submit, obtain approval of, or 
     adhere to a contingency plan submitted under this section.
       ``(i) Public Access.--Each air carrier and airport operator 
     required to submit a contingency plan under this section 
     shall ensure public access to an approved plan under this 
     section by--
       ``(1) including the plan on the Internet website of the air 
     carrier or airport; or
       ``(2) disseminating the plan by other means, as determined 
     by the Secretary.

[[Page S9443]]

     ``Sec. 41782. Air passenger complaints hotline and 
       information

       ``(a) Air Passenger Complaints Hotline Telephone Number.--
     The Secretary of Transportation shall establish a consumer 
     complaints hotline telephone number for the use of air 
     passengers.
       ``(b) Public Notice.--The Secretary shall notify the public 
     of the telephone number established under subsection (a).
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section, which sums shall remain available 
     until expended.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 417 of title 49, United States Code, is amended by 
     adding at the end the following:

               ``subchapter iv--airline customer service

``41781. Air carrier and airport contingency plans for long on-board 
              tarmac delays.
``41782. Air passenger complaints hotline and information.''.
                                 ______
                                 
  SA 2414. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 228, between lines 4 and 5, insert the following:
       Sec. 177. No amount appropriated to the Maritime 
     Administration under this Act may be used to provide 
     financial grants of assistance to owners or operators of 
     vessels to which section 3507 of title 46, United States 
     Code, applies for the purpose of retrofitting such vessels to 
     meet the requirements of that section.

     SEC. 178. SHORT TITLE; CRUISE VESSEL SECURITY AND SAFETY 
                   REQUIREMENTS.

       (a) Short Title.--This section may be cited as the ``Cruise 
     Vessel Security and Safety Act of 2009''.
       (b) In General.--Chapter 35 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3507. Passenger vessel security and safety 
       requirements

       ``(a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--
       ``(1) In general.--Each vessel to which this subsection 
     applies shall comply with the following design and 
     construction standards:
       ``(A) The vessel shall be equipped with ship rails that are 
     located not less than 42 inches above the cabin deck.
       ``(B) Each passenger stateroom and crew cabin shall be 
     equipped with entry doors that include peep holes or other 
     means of visual identification.
       ``(C) For any vessel the keel of which is laid after the 
     date of enactment of the Cruise Vessel Security and Safety 
     Act of 2009, each passenger stateroom and crew cabin shall be 
     equipped with--
       ``(i) security latches; and
       ``(ii) time-sensitive key technology.
       ``(D) The vessel shall integrate technology that can be 
     used for capturing images of passengers or detecting 
     passengers who have fallen overboard, to the extent that such 
     technology is available.
       ``(E) The vessel shall be equipped with a sufficient number 
     of operable acoustic hailing or other such warning devices to 
     provide communication capability around the entire vessel 
     when operating in high risk areas (as defined by the United 
     States Coast Guard).
       ``(2) Fire safety codes.--In administering the requirements 
     of paragraph (1)(C), the Secretary shall take into 
     consideration fire safety and other applicable emergency 
     requirements established by the U. S. Coast Guard and under 
     international law, as appropriate.
       ``(3) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the requirements of paragraph (1) shall take effect 18 months 
     after the date of enactment of the Cruise Vessel Security and 
     Safety Act of 2009.
       ``(B) Latch and key requirements.--The requirements of 
     paragraph (1)(C) take effect on the date of enactment of the 
     Cruise Vessel Security and Safety Act of 2009.
       ``(b) Video Recording.--
       ``(1) Requirement to maintain surveillance.--The owner of a 
     vessel to which this section applies shall maintain a video 
     surveillance system to assist in documenting crimes on the 
     vessel and in providing evidence for the prosecution of such 
     crimes, as determined by the Secretary.
       ``(2) Access to video records.--The owner of a vessel to 
     which this section applies shall provide to any law 
     enforcement official performing official duties in the course 
     and scope of an investigation, upon request, a copy of all 
     records of video surveillance that the official believes may 
     provide evidence of a crime reported to law enforcement 
     officials.
       ``(c) Safety Information.--The owner of a vessel to which 
     this section applies shall provide in each passenger 
     stateroom, and post in a location readily accessible to all 
     crew and in other places specified by the Secretary, 
     information regarding the locations of the United States 
     embassy and each consulate of the United States for each 
     country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation, the United States Coast 
     Guard, the nearest United States consulate or embassy, and 
     the National Sexual Assault Hotline program or other third 
     party victim advocacy hotline service; and
       ``(B) a private telephone line and Internet-accessible 
     computer terminal by which the individual may confidentially 
     access law enforcement officials, an attorney, and the 
     information and support services available through the 
     National Sexual Assault Hotline program or other third party 
     victim advocacy hotline service.
       ``(e) Confidentiality of Sexual Assault Examination and 
     Support Information.--The master or other individual in 
     charge of a vessel to which this section applies shall--
       ``(1) treat all information concerning an examination under 
     subsection (d) confidential, so that no medical information 
     may be released to the cruise line or other owner of the 
     vessel or any legal representative thereof without the prior 
     knowledge and approval in writing of the patient, or, if the 
     patient is unable to provide written authorization, the 
     patient's next-of-kin, except that nothing in this paragraph 
     prohibits the release of--
       ``(A) information, other than medical findings, necessary 
     for the owner or master of the vessel to comply with the 
     provisions of subsection (g) or other applicable incident 
     reporting laws;
       ``(B) information to secure the safety of passengers or 
     crew on board the vessel; or
       ``(C) any information to law enforcement officials 
     performing official duties in the course and scope of an 
     investigation; and
       ``(2) treat any information derived from, or obtained in 
     connection with, post-assault counseling or other supportive 
     services confidential, so no such information may be released 
     to the cruise line or any legal representative thereof 
     without the prior knowledge and approval in writing of the 
     patient, or, if the patient is unable to provide written 
     authorization, the patient's next-of-kin.
       ``(f) Crew Access to Passenger Staterooms.--The owner of a 
     vessel to which this section applies shall--
       ``(1) establish and implement procedures and restrictions 
     concerning--
       ``(A) which crewmembers have access to passenger 
     staterooms; and
       ``(B) the periods during which they have that access; and
       ``(2) ensure that the procedures and restrictions are fully 
     and properly implemented and periodically reviewed.
       ``(g) Log Book and Reporting Requirements.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, in a centralized location readily accessible to 
     law enforcement personnel, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i),
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000, and
       ``(iii) all complaints of other crimes,
     committed on any voyage that embarks or disembarks passengers 
     in the United States; and
       ``(B) make such log book available upon request to any 
     agent of the Federal Bureau of Investigation, any member of 
     the United States Coast Guard, and any law enforcement 
     officer performing official duties in the course and scope of 
     an investigation.
       ``(2) Details required.--The information recorded under 
     paragraph (1) shall include, at a minimum--
       ``(A) the vessel operator;

[[Page S9444]]

       ``(B) the name of the cruise line;
       ``(C) the flag under which the vessel was operating at the 
     time the reported incident occurred;
       ``(D) the age and gender of the victim and the accused 
     assailant;
       ``(E) the nature of the alleged crime or complaint, as 
     applicable, including whether the alleged perpetrator was a 
     passenger or a crewmember;
       ``(F) the vessel's position at the time of the incident, if 
     known, or the position of the vessel at the time of the 
     initial report;
       ``(G) the time, date, and method of the initial report and 
     the law enforcement authority to which the initial report was 
     made;
       ``(H) the time and date the incident occurred, if known;
       ``(I) the total number of passengers and the total number 
     of crew members on the voyage; and
       ``(J) the case number or other identifier provided by the 
     law enforcement authority to which the initial report was 
     made.
       ``(3) Requirement to report crimes and other information.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies (or the owner's designee)--
       ``(i) shall contact the nearest Federal Bureau of 
     Investigation Field Office or Legal Attache by telephone as 
     soon as possible after the occurrence on board the vessel of 
     an incident involving homicide, suspicious death, a missing 
     United States national, kidnapping, assault with serious 
     bodily injury, any offense to which section 2241, 2242, 2243, 
     or 2244(a) or (c) of title 18 applies, firing or tampering 
     with the vessel, or theft of money or property in excess of 
     $10,000 to report the incident;
       ``(ii) shall furnish a written report of the incident to an 
     Internet based portal maintained by the Secretary of 
     Transportation;
       ``(iii) may report any serious incident that does not meet 
     the reporting requirements of clause (i) and that does not 
     require immediate attention by the Federal Bureau of 
     Investigation via the Internet based portal maintained by the 
     Secretary of Transportation; and
       ``(iv) may report any other criminal incident involving 
     passengers or crewmembers, or both, to the proper State or 
     local government law enforcement authority.
       ``(B) Incidents to which subparagraph (A) applies.--
     Subparagraph (A) applies to an incident involving criminal 
     activity if--
       ``(i) the vessel, regardless of registry, is owned, in 
     whole or in part, by a United States person, regardless of 
     the nationality of the victim or perpetrator, and the 
     incident occurs when the vessel is within the admiralty and 
     maritime jurisdiction of the United States and outside the 
     jurisdiction of any State;
       ``(ii) the incident concerns an offense by or against a 
     United States national committed outside the jurisdiction of 
     any nation;
       ``(iii) the incident occurs in the Territorial Sea of the 
     United States, regardless of the nationality of the vessel, 
     the victim, or the perpetrator; or
       ``(iv) the incident concerns a victim or perpetrator who is 
     a United States national on a vessel during a voyage that 
     departed from or will arrive at a United States port.
       ``(4) Availability of incident data via internet.--
       ``(A) Website.--The Secretary of Transportation shall 
     maintain a statistical compilation of all incidents described 
     in paragraph (3)(A)(i) on an Internet site that provides a 
     numerical accounting of the missing persons and alleged 
     crimes recorded in each report filed under paragraph 
     (3)(A)(i) that are no longer under investigation by the 
     Federal Bureau of Investigation. The data shall be updated no 
     less frequently than quarterly, aggregated by cruise line, 
     each cruise line shall be identified by name, and each crime 
     shall be identified as to whether it was committed by a 
     passenger or a crew member.
       ``(B) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include a 
     link on its Internet website to the website maintained by the 
     Secretary under subparagraph (A).
       ``(h) Enforcement.--
       ``(1) Penalties.--
       ``(A) Civil penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $25,000 for each day during 
     which the violation continues, except that the maximum 
     penalty for a continuing violation is $50,000.
       ``(B) Criminal penalty.--Any person that willfully violates 
     this section or a regulation under this section shall be 
     fined not more than $250,000 or imprisoned not more than 1 
     year, or both.
       ``(2) Denial of entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(A) commits an act or omission for which a penalty may be 
     imposed under this subsection; or
       ``(B) fails to pay a penalty imposed on the owner under 
     this subsection.
       ``(i) Procedures.--Within 6 months after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary shall issue guidelines, training 
     curricula, and inspection and certification procedures 
     necessary to carry out the requirements of this section.
       ``(j) Regulations.--The Secretary of Transportation and the 
     Commandant shall each issue such regulations as are necessary 
     to implement this section.
       ``(k) Application.--
       ``(1) In general.--This section and section 3508 apply to a 
     passenger vessel (as defined in section 2101(22)) that--
       ``(A) is authorized to carry at least 250 passengers;
       ``(B) has onboard sleeping facilities for each passenger;
       ``(C) is on a voyage that embarks or disembarks passengers 
     in the United States; and
       ``(D) is not engaged on a coastwise voyage.
       ``(2) Federal and state vessels.--This section and section 
     3508 do not apply to a vessel of the United States operated 
     by the Federal Government or a vessel owned and operated by a 
     State.
       ``(l) Owner Defined.--In this section and section 3508, the 
     term `owner' means the owner, charterer, managing operator, 
     master, or other individual in charge of a vessel.

     `` 3508. Crime scene preservation training for passenger 
       vessel crewmembers

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administration, shall develop training standards and 
     curricula to allow for the certification of passenger vessel 
     security personnel, crewmembers, and law enforcement 
     officials on the appropriate methods for prevention, 
     detection, evidence preservation, and reporting of criminal 
     activities in the international maritime environment. The 
     Administrator of the Maritime Administration may certify 
     organizations in the United States and abroad that offer the 
     curriculum for training and certification under subsection 
     (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crewmembers, and law enforcement officials in 
     accordance with accepted law enforcement and security 
     guidelines, policies, and procedures, including 
     recommendations for incorporating a background check process 
     for personnel trained and certified in foreign ports;
       ``(2) the training of students and instructors in all 
     aspects of prevention, detection, evidence preservation, and 
     reporting of criminal activities in the international 
     maritime environment; and
       ``(3) the provision or recognition of off-site training and 
     certification courses in the United States and foreign 
     countries to develop and provide the required training and 
     certification described in subsection (a) and to enhance 
     security awareness and security practices related to the 
     preservation of evidence in response to crimes on board 
     passenger vessels.
       ``(c) Certification Requirement.--Beginning 2 years after 
     the standards are established under subsection (b), no vessel 
     to which this section applies may enter a United States port 
     on a voyage (or voyage segment) on which a United States 
     citizen is a passenger unless there is at least 1 crewmember 
     onboard who is certified as having successfully completed 
     training in the prevention, detection, evidence preservation, 
     and reporting of criminal activities in the international 
     maritime environment on passenger vessels under subsection 
     (a).
       ``(d) Interim Training Requirement.--No vessel to which 
     this section applies may enter a United States port on a 
     voyage (or voyage segment) on which a United States citizen 
     is a passenger unless there is at least 1 crewmember onboard 
     who has been properly trained in the prevention detection, 
     evidence preservation and the reporting requirements of 
     criminal activities in the international maritime 
     environment. The owner of a such a vessel shall maintain 
     certification or other documentation, as prescribed by the 
     Secretary, verifying the training of such individual and 
     provide such documentation upon request for inspection in 
     connection with enforcement of the provisions of this 
     section. This subsection shall take effect 1 year after the 
     date of enactment of the Cruise Vessel Safety and Security 
     Act of 2009 and shall remain in effect until superseded by 
     the requirements of subsection (c).
       ``(e) Civil Penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $50,000.
       ``(f) Denial of Entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(1) commits an act or omission for which a penalty may be 
     imposed under subsection (e); or
       ``(2) fails to pay a penalty imposed on the owner under 
     subsection (e).''.
       (c) Clerical Amendment.--The table of contents for such 
     chapter is amended by adding at the end the following:

``3507. Passenger vessel security and safety requirements
``3508. Crime scene preservation training for passenger vessel 
              crewmembers''.
       (d) Study and Report on the Security Needs of Passenger 
     Vessels.
       (1) In general.--Within 3 months after the date of 
     enactment of this Act, the Secretary of the department in 
     which the United

[[Page S9445]]

     States Coast Guard is operating shall conduct a study of the 
     security needs of passenger vessels depending on number of 
     passengers on the vessels, and report to the Congress 
     findings of the study and recommendations for improving 
     security on those vessels.
       (2) Report contents.--In recommending appropriate security 
     on those vessels, the report shall take into account typical 
     crewmember shifts, working conditions of crewmembers, and 
     length of voyages.
                                 ______
                                 
  SA 2415. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 215, between lines 2 and 3, insert the following:
       Sec. 156.  The Administrator of the Federal Railroad 
     Administration, in cooperation with the Illinois Department 
     of Transportation (IDOT), may provide technical and financial 
     assistance to IDOT and local and county officials to study 
     the feasibility of 10th Street, or other alternatives, in 
     Springfield, Illinois, as a route for consolidated freight 
     and passenger rail operations within the city of Springfield.
                                 ______
                                 
  SA 2416. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 194, after line 23, add the following:
       Sec. 1___. (a) The table contained in section 3044(a) of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1687) is amended in 
     item 422 by striking the project description and inserting 
     ``Anchorage People Mover transit needs, Anchorage, AK''.
       (b) Notwithstanding any other provision of law, amounts 
     made available for item 422 in the table referred to in 
     subsection (a) for fiscal years 2006 and 2007 shall be 
     available for obligation until September 30, 2010.
                                 ______
                                 
  SA 2417. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 194, after line 23, add the following:
       Sec. 1___.  Of the $1,000,000 appropriated under the 
     heading ``GENERAL PROVISIONS'' under title III of division I 
     of Public Law 108-7 (117 Stat. 406) for Juneau Heliport, 
     Alaska, the unobligated balance shall be available for 
     bridges owned by the city and borough of Juneau, Alaska.
                                 ______
                                 
  SA 2418. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, 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 law, any 
     funds available under the heading ``OEA-Fort Wainwright/
     Eielson AFB Track Realignment'' under the heading ``Operation 
     and Maintenance, Defense-Wide'' in the Joint Explanatory 
     Statement to accompany the Department of Defense 
     Appropriations Act, 2007 (division A of Public Law 109-289) 
     that remain available for expenditure as of the date of the 
     enactment of this Act shall be available instead for ``Joint 
     Tanana Range Access'' as provided in the Department of 
     Defense Appropriations Act, 2009 (division C of Public Law 
     110-329).
                                 ______
                                 
  SA 2419. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The unexpended balance of $1,000,000 appropriated 
     under the heading Next Generation High-Speed Rail under title 
     I of division H of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) and designated in the Statement of 
     Managers for ``Alaska RR luminescent grade crossings'', is 
     reprogrammed for use by the Alaska Railroad to implement 
     advanced traveler grade crossing information technology.
                                 ______
                                 
  SA 2420. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The $2,000,000 appropriated for surface 
     transportation projects under section 115 of division F of 
     the Consolidated Appropriations Act, 2004 (Public Law 108-
     199), and designated in the Statement of Managers for ``C 
     Street Railroad Bypass, Alaska'', may be used by the Alaska 
     Railroad for highway-rail crossings.
                                 ______
                                 
  SA 2421. Mr. KYL proposed an amendment to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       At the end, add the following:
       (1) Any amounts that are unobligated amounts for fiscal 
     year 2010 for the American Recovery and Reinvestment Act that 
     are available in a non-highway account receiving funds in 
     this Act for fiscal year 2010 are rescinded.
                                 ______
                                 
  SA 2422. Mr. CASEY (for Mrs. Feinstein (for herself and Mr. Bond)) 
proposed an amendment to the bill H.R. 1494, to authorize 
appropriations for fiscal year 2010 for intelligence and intelligence-
related activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency Retirement and 
Disability System, and for other purposes; as follows:

       On page 99, between lines 2 and 3, insert the following:
       (f) Submission to the Congressional Judiciary Committees.--
     To the extent that the report required by subsection (a) 
     addresses an element of the intelligence community within the 
     Department of Justice, the Director shall submit that portion 
     of the report, and any associated material that is necessary 
     to make that portion understandable, to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.
       On page 113, strike line 1 and all that follows through 
     page 116, line 19.
       On page 121, strike line 9 and all that follows through 
     page 122, line 9.
       On page 161, line 5, insert ``(A)'' after ``(3)''.
       On page 161, line 6, strike ``(A)'' and insert ``(i)''.
       On page 161, line 10, strike ``(B)'' and insert ``(ii)''.
       On page 161, line 14, strike ``(i)'' and insert ``(I)''.
       On page 161, line 20, strike ``(ii)'' and insert ``(II)''.
       On page 161, line 24, strike ``(iii)'' and insert 
     ``(III)''.
       On page 162, line 3, strike ``(C)'' and insert ``(iii)''.
       On page 162, line 6, strike ``subparagraph (B)'' and insert 
     ``clause (ii)''.
       On page 162, line 7, strike ``(D)'' and insert ``(iv)''.
       On page 162, beginning on line 10, strike ``subparagraph 
     (B)'' and insert ``clause (ii)''.
       On page 162, line 12, strike ``(E)'' and insert ``(v)''.
       On page 162, between lines 18 and 19, insert the following:
       ``(B) The Inspector General shall submit to the committees 
     of the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of each report under subparagraph (A) 
     that involves an investigation, inspection, audit, or review 
     carried out by the Inspector General focused on any current 
     or former official of a component of such department 
     simultaneously with submission of the report to the 
     congressional intelligence committees.

       On page 179, strike line 8 and all that follows through the 
     matter following line 12 on page 188, and insert the 
     following:

     SEC. 411. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) In General.--Title VII of the National Security Act of 
     1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 
     the following new section:


``protection of certain files of the office of the director of national 
                              intelligence

       ``Sec. 706.  (a) Inapplicability of FOIA to Exempted 
     Operational Files Provided to ODNI.--(1) Subject to paragraph 
     (2), the provisions of section 552 of title 5, United States 
     Code, that require search, review, publication, or disclosure 
     of a record shall not apply

[[Page S9446]]

     to a record provided to the Office by an element of the 
     intelligence community from the exempted operational files of 
     such element.
       ``(2) Paragraph (1) shall not apply with respect to a 
     record of the Office that--
       ``(A) contains information derived or disseminated from an 
     exempted operational file, unless such record is created by 
     the Office for the sole purpose of organizing such exempted 
     operational file for use by the Office;
       ``(B) is disseminated by the Office to a person other than 
     an officer, employee, or contractor of the Office; or
       ``(C) is no longer designated as an exempted operational 
     file in accordance with this title.
       ``(b) Effect of Providing Files to ODNI.--Notwithstanding 
     any other provision of this title, an exempted operational 
     file that is provided to the Office by an element of the 
     intelligence community shall not be subject to the provisions 
     of section 552 of title 5, United States Code, that require 
     search, review, publication, or disclosure of a record solely 
     because such element provides such exempted operational file 
     to the Office.
       ``(c) Definitions.--In this section:
       ``(1) The term `exempted operational file' means a file of 
     an element of the intelligence community that, in accordance 
     with this title, is exempted from the provisions of section 
     552 of title 5, United States Code, that require search, 
     review, publication, or disclosure of such file.
       ``(2) Except as otherwise specifically provided, the term 
     `Office' means the Office of the Director of National 
     Intelligence.
       ``(d) Search and Review for Certain Purposes.--
     Notwithstanding subsection (a) or (b), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning any of the following:
       ``(1) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code.
       ``(2) Any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code.
       ``(3) The specific subject matter of an investigation for 
     any impropriety or violation of law, Executive order, or 
     Presidential directive, in the conduct of an intelligence 
     activity by any of the following:
       ``(A) The Select Committee on Intelligence of the Senate.
       ``(B) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(C) The Intelligence Oversight Board.
       ``(D) The Department of Justice.
       ``(E) The Office.
       ``(F) The Office of the Inspector General of the 
     Intelligence Community.
       ``(e) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of National 
     Intelligence shall review the operational files exempted 
     under subsection (a) to determine whether such files, or any 
     portion of such files, may be removed from the category of 
     exempted files.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that the Director of 
     National Intelligence has improperly withheld records because 
     of failure to comply with this subsection may seek judicial 
     review in the district court of the United States of the 
     district in which any of the parties reside, or in the 
     District of Columbia. In such a proceeding, the court's 
     review shall be limited to determining the following:
       ``(A) Whether the Director has conducted the review 
     required by paragraph (1) before the expiration of the 10-
     year period beginning on the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2010 or before 
     the expiration of the 10-year period beginning on the date of 
     the most recent review.
       ``(B) Whether the Director of National Intelligence, in 
     fact, considered the criteria set forth in paragraph (2) in 
     conducting the required review.
       ``(f) Supersedure of Other Laws.--The provisions of this 
     section may not be superseded except by a provision of law 
     that is enacted after the date of the enactment of this 
     section and that specifically cites and repeals or modifies 
     such provisions.
       ``(g) Allegation; Improper Withholding of Records; Judicial 
     Review.--(1) Except as provided in paragraph (2), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that the Office has 
     withheld records improperly because of failure to comply with 
     any provision of this section, judicial review shall be 
     available under the terms set forth in section 552(a)(4)(B) 
     of title 5, United States Code.
       ``(2) Judicial review shall not be available in the manner 
     provided for under paragraph (1) as follows:
       ``(A) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by the Office, such information shall be examined ex parte, 
     in camera by the court.
       ``(B) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(C)(i) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, the Office shall meet its burden under 
     section 552(a)(4)(B) of title 5, United States Code, by 
     demonstrating to the court by sworn written submission that 
     exempted files likely to contain responsive records are 
     records provided to the Office by an element of the 
     intelligence community from the exempted operational files of 
     such element.
       ``(ii) The court may not order the Office to review the 
     content of any exempted file or files in order to make the 
     demonstration required under clause (i), unless the 
     complainant disputes the Office's showing with a sworn 
     written submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(D) In proceedings under subparagraph (C), a party may 
     not obtain discovery pursuant to rules 26 through 36 of the 
     Federal Rules of Civil Procedure, except that requests for 
     admissions may be made pursuant to rules 26 and 36.
       ``(E) If the court finds under this subsection that the 
     Office has improperly withheld requested records because of 
     failure to comply with any provision of this section, the 
     court shall order the Office to search and review the 
     appropriate exempted file or files for the requested records 
     and make such records, or portions thereof, available in 
     accordance with the provisions of section 552 of title 5, 
     United States Code, and such order shall be the exclusive 
     remedy for failure to comply with this section.
       ``(F) If at any time following the filing of a complaint 
     pursuant to this paragraph the Office agrees to search the 
     appropriate exempted file or files for the requested records, 
     the court shall dismiss the claim based upon such 
     complaint.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 705 
     the following new item:

``Sec. 706. Protection of certain files of the Office of the Director 
              of National Intelligence.''.

     On page 214, line 6, insert ``, the Committee on the 
     Judiciary of the Senate, and the Committee on the Judiciary 
     of the House of Representatives'' after ``committees''.
     On page 252, line 8, strike ``2009,'' and insert ``2010,''.

                          ____________________