'(1) ACCESS AREAS; RESTRICTED INFORMATION REGULATIONS- The Secretary, after consultation with the Secretary of the Treasury and the Attorney General, shall prescribe regulations to--

　

'(A) require, as necessary, the designation of controlled access areas in the maritime facility security plan for each waterfront facility and other public or commercial structure located within or adjacent to the marine environment; and

　

'(B) limit access to security-sensitive information, such as passenger and cargo manifests.

　

'(2) SCREENING; BACKGROUND CHECKS- In prescribing access limitations under this section, the Secretary may--

　

'(A) require that persons entering or exiting secure, restricted, or controlled access areas undergo physical screening;

　

'(B) require appropriate escorts for persons without proper clearances or credentials; and

　

'(C) require employment investigations and criminal history record checks to ensure that individuals who have unrestricted access to controlled areas or have access to security-sensitive information do not pose a threat to national security or to the safety and security of maritime commerce.

　

'(3) DISQUALIFICATION FROM NEW OR CONTINUED EMPLOYMENT- An individual may not be employed in a security-sensitive position at any waterfront facility or other public or commercial structure located within or adjacent to the marine environment if--

　

'(A) the individual does not meet other criteria established by the Secretary; or

　

'(B) a background investigation or criminal records check reveals that--

　

'(i) within the previous 7 years the individual was convicted, or found not guilty by reason of insanity of an offense described in paragraph (4); or

　

'(ii) within the previous 5 years was released from incarceration for committing an offense described in paragraph (4).

　

'(4) DISQUALIFYING OFFENSES- The offenses referred to in paragraph (3)(B) are the following:

　

'(A) Murder.

　

'(B) Assault with intent to murder.

　

'(C) Espionage.

　

'(D) Sedition.

　

'(E) Treason.

　

'(F) Rape.

　

'(G) Kidnaping.

　

'(H) Unlawful possession, sale, distribution, importation, or manufacture of an explosive or weapon.

　

'(I) Extortion.

　

'(J) Armed or felony unarmed robbery.

　

'(K) Importation, manufacture, or distribution of, or intent to distribute, a controlled substance.

　

'(L) A felony involving a threat.

　

'(M) A felony involving willful destruction of property.

　

'(N) Smuggling.

　

'(O) Theft of property in the custody of the United States Customs Service.

'(P) Attempt to commit, or conspiracy to commit any of the offenses referred to in subparagraphs (A) through (O).

　

'(5) ALTERNATIVE ARRANGEMENTS- Notwithstanding paragraph (1), an individual may be employed in a security-sensitive position although that individual would otherwise be disqualified from such employment if the employer establishes alternate security arrangements acceptable to the Secretary.

　

'(6) APPEALS PROCESS- The Secretary shall establish an appeals process under this section for individuals found to be ineligible for employment under paragraph (3) that includes notice and an opportunity for a hearing.

　

'(7) ACCESS TO DATABASES- Notwithstanding any other provision of law to the contrary, but subject to existing or new procedural safeguards imposed by the Attorney General, the Secretary is authorized to access the Federal Bureau of Investigation's Integrated Automatic Fingerprinting Identification System, the Fingerprint Identification Record System, the Interstate Identification Index, the National Crime Identification System, and the Integrated Entry and Exit Data System for the purpose of conducting or verifying the results of any background investigation or criminal records check required by this subsection.

　

'(8) Restrictions on use and maintenance of information-

　

'(A) SECRETARY MAY GIVE RESULTS OF INVESTIGATION TO EMPLOYERS- The Secretary may transmit the results of a background check or criminal records check to a port authority, marine terminal operator, or other entity the Secretary determines necessary for carrying out the requirements of this subsection.

　

'(B) FOIA NOT TO APPLY- Information obtained by the Secretary under this subsection may not be made available to the public under section 552 of title 5, United States Code.

　

'(C) CONFIDENTIALITY- Except to the extent necessary to carry out this subsection, any information other than criminal acts or offenses constituting grounds for ineligibility for employment under paragraph (3) shall be maintained confidentially by the Secretary and may be used only for making determinations under this section.

　

'(9) EFFECTIVENESS AUDITS- The Secretary shall provide for the periodic audit of the effectiveness of employment investigations and criminal history record checks required by this subsection.

　

'(10) User fees-

　

'(A) IN GENERAL- The Secretary and the Attorney General shall establish and collect reasonable fees to pay expenses incurred by the Federal government in carrying out any investigation, criminal history record check, fingerprinting, or identification verification services provided for under this subsection.

　

'(B) DEPOSIT OF AMOUNT RECEIVED- Amounts received by the Attorney General or Secretary under this section shall be credited to the account in the Treasury from which the expenses were incurred as offsetting collections and shall be available to the Attorney General and the Secretary upon the approval of Congress.

　

'(11) SUBSECTION NOT IN DEROGATION OF OTHER AUTHORITY- Nothing in this subsection restricts any agency, instrumentality, or department of the United States from exercising, or limits its authority to exercise, any other statutory or regulatory authority to initiate or enforce port security standards.'.

　

(1) identify actions and resources necessary for multi-agency cooperative efforts to improve the maritime security of the United States;

　

(2) specifically address measures necessary to ensure the effective collection, dissemination, and interpretation of maritime intelligence and data, information resource management and database requirements, architectural measures for cross-agency integration, data sharing, correlation and safeguarding of data, and cooperative analysis to identify and effectively respond to threats to maritime security;

　

(3) estimate the potential costs of establishing and operating such a new or linked database and provides recommendations on what agencies should contribute to the cost of its operation;

　

(4) evaluate the feasibility of establishing a joint interagency task force on maritime intelligence;

　

(5) estimate of potential costs and benefits of utilizing commercial supercomputing platforms and data bases to enhance information collection and analysis capabilities across multiple Federal agencies; and

　

(6) provide a suggested time frame for the development of such a system or database.