[Congressional Record (Bound Edition), Volume 152 (2006), Part 13]
[Senate]
[Pages 18226-18230]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           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.''.

[[Page 18227]]

                                 ______
                                 
  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 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--

[[Page 18228]]

       (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 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:

[[Page 18229]]



     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 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''.

[[Page 18230]]

       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.''.

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