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# Legislative Bulletin.............................................\.............May 4, 2006

**Contents:**

> **H.R. 4954** --- Amendments to the SAFE Port Act

H.R. 4954, the SAFE Port Act (sponsored by Rep. Lungren, CA), is
scheduled to be considered on the House floor on Thursday, May 4^th^,
subject to a structured rule (H.Res. 739). Below are the summaries of
the fifteen amendments made in order under the rule. All amendments are
debatable for 10 minutes unless otherwise noted. [Note]{.underline}:
summaries are based on RSC staff's review of actual amendment text. For
a summary of the underlying bill, see a separate RSC document released
yesterday.

1.  **King (R-NY). Manager's Amendment.** Adds three new findings on the
    importance of international trade. Strikes the two programs in the
    underlying bill: a Reserve Officers and Junior Reserve Officers
    program and the Integrated Deepwater System. Establishes a new
    program, the university-based Center for Excellence for Maritime
    Domain Awareness program. Establishes a Directory of Trade Policy at
    DHS. Directs the Comptroller General to conduct a study evaluating
    the extent to which DHS is meeting obligations with respect to the
    maintenance of customs revenue functions. The amendment does not
    authorize additional funds.

**2. *Ruppersberger (D-MD).*** Directs DHS to conduct a study to assess
the activities of the U.S. Customs and Border Protection's National
Targeting Center and report the findings to Congress. The NTC began
around-the-clock operations on November 10, 2001, to provide tactical
targeting and analytical research in support of Customs anti-terrorism
efforts. For more information see:
[[http://www.dhs.gov/dhspublic/display?content=3989]{.underline}](http://www.dhs.gov/dhspublic/display?content=3989).

**3. *Ruppersberger (D-MD)*.** Requires the Secretary of the Department
of Homeland Security to consult with the appropriate federal, state and
local entities when determining the establishment of maritime security
centers. The underlying bill permits DHS to make these decisions without
consulting these entities.

**4. *Ruppersberger (D-MD).*** The amendment directs DHS to consult with
federal, state, and local officials, including the Coast Guard Captain
of the port involved in the security incident, and representatives of
the maritime industry, when developing the security protocols required
in the underlying bill for the resumption of trade after a security
incident occurs at a seaport. The underlying bill permits DHS to make
these decisions without consulting these entities.

**5. Cuellar (D-TX).** Directs DHS to study the "challenges to balance
the need for greater security while maintaining the efficient flow of
trade at U.S. land ports" and report the findings to Congress.

**6. Ryun (R-KS).** Directs DHS to include in the evaluation of emerging
technologies (provided for in the underlying bill), an analysis of
battery-powered portable neutron and gamma-ray detection devices that
can be inexpensively mass produced.

**7. *Hooley (D-OR)*.** Amends the definition of a cargo container
security device in Sec. 1816 of the underlying bill from: "a mechanical
or electronic device designed to, at a minimum, detect unauthorized
intrusion of containers," to "a mechanical or electronic device designed
to, at a minimum, positively identify containers and detect and record
unauthorized intrusion of containers. Such devices shall have false
alarm rates that have been demonstrated to be below one percent."

**8. *Stupak (D-MI)*.** Clarifies that permissible uses of grants
awarded under the new Port Security Grant program include communications
equipment that is interoperable with federal, state, and local agencies.

**9. Shays (R-CT).** Directs DHS conduct **a new pilot project** at an
overseas port similar to the Integrated Container Inspection System
(ICIS) being tested at the port in Hong Kong. According to the sponsor,
"ICIS is currently being field tested in Hong Kong and uses gamma ray
imaging and radiation scanning to inspect cargo. ...\[It\] takes digital
images of all the containers passing through two Hong Kong terminals."
According to a news article, San Diego-based Science Applications
International designed the Integrated Container Inspection System
(ICIS),which is running a \$10 million project in Hong Kong that can
scan up to nearly 400 container trucks an hour and provide real-time
data to help identify suspicious cargo, all the while keeping detailed
records of what passes through.
([[http://www.businessweek.com/bwdaily/dnflash/mar2006/nf20060316_8508_db016.htm?chan=globalbiz_asia_economics+%2B+policy]{.underline}](http://www.businessweek.com/bwdaily/dnflash/mar2006/nf20060316_8508_db016.htm?chan=globalbiz_asia_economics+%2B+policy))

**10. Bass (R-NH).** Permits grant applicants in the new Port Security
Grant program to petition to DHS for approval to apply for grants for
any activity relating to the prevention of, preparation for, response
to, or recovery from acts of terrorism, that would otherwise be a
federal duty performed by federal agencies, and that is being performed
by a state or local government (or both) under agreement with a federal
agency.

**11. *Millender-McDonald (D-CA)*.** Adds to the list of permissible
activities for grant recipients in the new Port Security Grant program,
the establishment or enhancement of truck inspection stations for
seaports and communities with a high percentage of container traffic in
coordination with ports, states, and local governments to enable seaport
and highway security around seaports. Earmarks for this use of grant
funds, \$20 million of the \$400 million annually authorized in the
underlying bill for the Port Security Grant Program.

**12. *Jackson-Lee (D-TX)*.** Adds to the list of training requirements
for grant recipients in the new Port Security Training program,
preparation which will educate, train, and involve populations of
"at-risk neighborhoods around ports, including training on an annual
basis for neighborhoods to lean what to be watchful for in order to be a
'citizen corps', if necessary."

**13. *Weiner (D-NY)*.** Requires each port security grant recipient to
report each expenditure to DHS. Requires DHS to publish these
expenditures on a publicly available website. Allows DHS to waive this
requirement if needed for national security reasons.

**14. Flake (R-AZ).** Strikes the \$2.4 billion (\$400 million annually)
authorization for the new Port Security Program.

**15. *Loretta Sanchez (D-CA)*.** Prohibits reduced scores in the
Automated Targeting System from being one of the benefits for Tier One
participants in the C-TPAT program, which is created in the underlying
bill. The tier benefit system in the C-TPAT program is outlined in
further detail in the Legislative Bulletin on the underlying bill
released yesterday. In short, the C-TPAT program provides certain
expedited security procedures for pre-approved entities using the
seaport. The program includes a tiered system in which entities with
higher clearance are privy to a more expedited process. This amendment
prohibits reduced scores in the Automated Targeting System from being
one of the benefits for those entities in the first tier. According to
the sponsor, lower risk scores are granted to companies that have only
completed their security plan paperwork, but have not had the plan
validated by DHS.

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>; x60718