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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 14, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
4954) entitled ``An Act to improve maritime and cargo security through 
enhanced layered defenses, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Port Security 
Improvement Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

Sec. 101. Area Maritime Transportation Security Plan to include salvage 
                            response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Prohibition of issuance of transportation security cards to 
                            convicted felons.
Sec. 106. Long-range vessel tracking.
Sec. 107. Establishment of interagency operational centers for port 
                            security.
Sec. 108. Notice of Arrival for foreign vessels on the outer 
                            Continental Shelf.

    Subtitle B--Port Security Grants; Training and Exercise Programs

Sec. 111. Port Security Grants.
Sec. 112. Port Security Training Program.
Sec. 113. Port Security Exercise Program.

                      Subtitle C--Port Operations

Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Port Security user fee study.
Sec. 123. Inspection of car ferries entering from Canada.
Sec. 124. Random searches of containers.
Sec. 125. Work stoppages and employee-employer disputes.
Sec. 126. Threat assessment screening of port truck drivers.

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

Sec. 201. Strategic plan to enhance the security of the international 
                            supply chain.
Sec. 202. Post incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.

        Subtitle B--Customs-Trade Partnership Against Terrorism

Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in C-TPAT.
Sec. 215. Tier 2 participants in C-TPAT.
Sec. 216. Tier 3 participants in C-TPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Revalidation.
Sec. 219. Noncontainerized cargo.
Sec. 220. C-TPAT Program management.
Sec. 221. Resource management staffing plan.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Sec. 224. Report to Congress.

                  Subtitle C--Miscellaneous Provisions

Sec. 231. Pilot integrated scanning system.
Sec. 232. International cooperation and coordination.
Sec. 233. Screening and scanning of cargo containers.
Sec. 234. International Ship and Port Facility Security Code.
Sec. 235. Cargo screening.

                       TITLE III--ADMINISTRATION

Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology 
                            Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in 
                            furtherance of maritime and cargo security.
Sec. 304. Cobra fees.
Sec. 305. Establishment of competitive research program.

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

Sec. 401. Office of International Trade.
Sec. 402. Resources.
Sec. 403. Negotiations.
Sec. 404. International Trade Data System.
Sec. 405. In-bond cargo.
Sec. 406. Sense of the Senate.
Sec. 407. Foreign ownership of ports.

                   TITLE V--RAIL SECURITY ACT OF 2006

Sec. 501. Short title.
Sec. 502. Rail transportation security risk assessment.
Sec. 503. Rail security.
Sec. 504. Study of foreign rail transport security programs.
Sec. 505. Passenger, baggage, and cargo screening.
Sec. 506. Certain personnel limitations not to apply.
Sec. 507. Fire and life-safety improvements.
Sec. 508. Memorandum of agreement.
Sec. 509. Amtrak plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 510. Systemwide Amtrak security upgrades.
Sec. 511. Freight and passenger rail security upgrades.
Sec. 512. Oversight and grant procedures.
Sec. 513. Rail security research and development.
Sec. 514. Welded rail and tank car safety improvements.
Sec. 515. Northern border rail passenger report.
Sec. 516. Report regarding impact on security of train travel in 
                            communities without grade separation.
Sec. 517. Whistleblower protection program.
Sec. 518. Rail worker security training program.
Sec. 519. High hazard material security threat mitigation plans.
Sec. 520. Public awareness.
Sec. 521. Railroad high hazard material tracking.

                    TITLE VI--NATIONAL ALERT SYSTEM

Sec. 601. Short title.
Sec. 602. National Alert System.
Sec. 603. Implementation and use.
Sec. 604. Coordination with existing public alert systems and 
                            authority.
Sec. 605. National Alert Office.
Sec. 606. National Alert System Working Group.
Sec. 607. Research and development.
Sec. 608. Grant program for remote community alert systems.
Sec. 609. Public familiarization, outreach, and response instructions.
Sec. 610. Essential services disaster assistance.
Sec. 611. Definitions.
Sec. 612. Savings clause.
Sec. 613. Funding.

                    TITLE VII--MASS TRANSIT SECURITY

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Security assessments.
Sec. 704. Security assistance grants.
Sec. 705. Intelligence sharing.
Sec. 706. Research, development, and demonstration grants and 
                            contracts.
Sec. 707. Reporting requirements.
Sec. 708. Authorization of appropriations.
Sec. 709. Sunset provision.

             TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 801. Establishment of Domestic Nuclear Detection Office.
Sec. 802. Technology research and development investment strategy for 
                            nuclear and radiological detection.

 TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

Sec. 901. Short title.
Sec. 902. Hazardous materials highway routing.
Sec. 903. Motor carrier high hazard material tracking.
Sec. 904. Hazardous materials security inspections and enforcement.
Sec. 905. Truck security assessment.
Sec. 906. National public sector response system.
Sec. 907. Over-the-road bus security assistance.
Sec. 908. Pipeline security and incident recovery plan.
Sec. 909. Pipeline security inspections and enforcement.
Sec. 910. Technical corrections.

       TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

Sec. 1001. Short title.
Sec. 1002. Emergency service.
Sec. 1003. Enforcement.
Sec. 1004. Migration to IP-enabled emergency network.
Sec. 1005. Definitions.

                        TITLE XI--OTHER MATTERS

Sec. 1101. Certain TSA personnel limitations not to apply.
Sec. 1102. Rural Policing Institute.
Sec. 1103. Evacuation in emergencies.
Sec. 1104. Protection of health and safety during disasters.
Sec. 1105. Pilot Program to extend certain commercial operations.
Sec. 1106. Security plan for Essential Air Service airports.
Sec. 1107. Disclosures regarding homeland security grants.
Sec. 1108. Inclusion of the Transportation Technology Center in the 
                            National Domestic Preparedness Consortium.
Sec. 1109. Trucking security.
Sec. 1110. Extension of requirement for air carriers to honor tickets 
                            for suspended air passenger service.
Sec. 1111. Man-Portable Air Defense Systems.
Sec. 1112. Air and Marine Operations of the Northern Border Air Wing.
Sec. 1113. Study to identify redundant background records checks.
Sec. 1114. Phase-out of vessels supporting oil and gas development.
Sec. 1115. Coast Guard property in Portland, Maine.
Sec. 1116. Methamphetamine and methamphetamine precursor chemicals.
Sec. 1117. Aircraft charter customer and lessee prescreening program.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise defined, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Finance of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Appropriations of the House of 
                Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (H) the Committee on Ways and Means of the House of 
                Representatives.
            (2) Commercial seaport personnel.--The term ``commercial 
        seaport personnel'' means any person engaged in an activity 
        relating to the loading or unloading of cargo, the movement or 
        tracking of cargo, the maintenance and repair of intermodal 
        equipment, the operation of cargo-related equipment (whether or 
        not integral to the vessel), and the handling of mooring lines 
        on the dock when a vessel is made fast or let go, in the United 
        States or the coastal waters of the United States.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for the United States Customs and 
        Border Protection in the Department of Homeland Security.
            (4) Container.--The term ``container'' has the meaning 
        given the term in the International Convention for Safe 
        Containers, with annexes, done at Geneva, December 2, 1972 (29 
        UST 3707).
            (5) Container security device.--The term ``container 
        security device'' means a device, or system, designed, at a 
        minimum, to identify positively a container, to detect and 
        record the unauthorized intrusion of a container, and to secure 
        a container against tampering throughout the supply chain. Such 
        a device, or system, shall have a low false alarm rate as 
        determined by the Secretary.
            (6) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (7) Examination.--The term ``examination'' means an 
        inspection of cargo to detect the presence of misdeclared, 
        restricted, or prohibited items that utilizes nonintrusive 
        imaging and detection technology.
            (8) Inspection.--The term ``inspection'' means the 
        comprehensive process used by the United States Customs and 
        Border Protection to assess goods entering the United States to 
        appraise them for duty purposes, to detect the presence of 
        restricted or prohibited items, and to ensure compliance with 
        all applicable laws. The process may include screening, 
        conducting an examination, or conducting a search.
            (9) International supply chain.--The term ``international 
        supply chain'' means the end-to-end process for shipping goods 
        to or from the United States from a point of origin (including 
        manufacturer, supplier, or vendor) through a point of 
        distribution.
            (10) Radiation detection equipment.--The term ``radiation 
        detection equipment'' means any technology that is capable of 
        detecting or identifying nuclear and radiological material or 
        nuclear and radiological explosive devices.
            (11) Scan.--The term ``scan'' means utilizing nonintrusive 
        imaging equipment, radiation detection equipment, or both, to 
        capture data, including images of a container.
            (12) Screening.--The term ``screening'' means a visual or 
        automated review of information about goods, including manifest 
        or entry documentation accompanying a shipment being imported 
        into the United States, to determine the presence of 
        misdeclared, restricted, or prohibited items and assess the 
        level of threat posed by such cargo.
            (13) Search.--The term ``search'' means an intrusive 
        examination in which a container is opened and its contents are 
        devanned and visually inspected for the presence of 
        misdeclared, restricted, or prohibited items.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (15) Transportation disruption.--The term ``transportation 
        disruption'' means any significant delay, interruption, or 
        stoppage in the flow of trade caused by a natural disaster, 
        heightened threat level, an act of terrorism, or any 
        transportation security incident defined in section 70101(6) of 
        title 46, United States Code.
            (16) Transportation security incident.--The term 
        ``transportation security incident'' has the meaning given the 
        term in section 70101(6) of title 46, United States Code.

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

SEC. 101. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE 
              RESPONSE PLAN.

    Section 70103(b)(2) of title 46, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
            ``(F) include a salvage response plan--
                    ``(i) to identify salvage equipment capable of 
                restoring operational trade capacity; and
                    ``(ii) to ensure that the waterways are cleared and 
                the flow of commerce through United States ports is 
                reestablished as efficiently and quickly as possible 
                after a maritime transportation security incident; 
                and''.

SEC. 102. REQUIREMENTS RELATING TO MARITIME FACILITY SECURITY PLANS.

    Section 70103(c) of title 46, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (C)(ii), by striking 
                ``facility'' and inserting ``facility, including access 
                by individuals engaged in the surface transportation of 
                intermodal containers in or out of a port facility'';
                    (B) in subparagraph (E), by striking ``describe 
                the'' and inserting ``provide a strategy and timeline 
                for conducting'';
                    (C) in subparagraph (F), by striking ``and'' at the 
                end;
                    (D) in subparagraph (G), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(H) in the case of a security plan for a facility, be 
        resubmitted for approval of each change in the ownership or 
        operator of the facility that may substantially affect the 
        security of the facility.''; and
            (2) by adding at the end the following:
    ``(8)(A) The Secretary shall require that the qualified individual 
having full authority to implement security actions for a facility 
described in paragraph (2) shall be a citizen of the United States.
    ``(B) The Secretary may waive the requirement of subparagraph (A) 
with respect to an individual if the Secretary determines that it is 
appropriate to do so based on a complete background check of the 
individual and a review of all terrorist watch lists to ensure that the 
individual is not identified on any such terrorist watch list.''.

SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

    Section 70103(c)(4)(D) of title 46, United States Code, is amended 
to read as follows:
            ``(D) subject to the availability of appropriations, verify 
        the effectiveness of each such facility security plan 
        periodically, but not less than twice annually, at least 1 of 
        which shall be an inspection of the facility that is conducted 
        without notice to the facility.''.

SEC. 104. TRANSPORTATION SECURITY CARD.

    (a) In General.--Section 70105 of title 46, United States, Code is 
amended by adding at the end the following:
    ``(g) Applications for Merchant Mariner's Documents.--The Assistant 
Secretary of Homeland Security for the Transportation Security 
Administration and the Commandant of the Coast Guard shall concurrently 
process an application from an individual for merchant mariner's 
documents under chapter 73 of title 46, United States Code, and an 
application from that individual for a transportation security card 
under this section.
    ``(h) Fees.--The Secretary shall ensure that the fees charged each 
individual obtaining a transportation security card under this section 
who has passed a background check under section 5103a of title 49, 
United States Code, and who has a current and valid hazardous materials 
endorsement in accordance with section 1572 of title 49, Code of 
Federal Regulations, and each individual with a current and valid 
Merchant Mariner Document--
            ``(1) are for costs associated with the issuance, 
        production, and management of the transportation security card, 
        as determined by the Secretary; and
            ``(2) do not include costs associated with performing a 
        background check for that individual, unless the scope of said 
        background checks diverge.
    ``(i) Implementation Schedule.--In implementing the transportation 
security card program under this section, the Secretary shall--
            ``(1) conduct a strategic risk analysis and establish a 
        priority for each United States port based on risk; and
            ``(2) implement the program, based upon risk and other 
        factors as determined by the Secretary, at all facilities 
        regulated under this chapter at--
                    ``(A) the 10 United States ports that are deemed 
                top priority by the Secretary not later than July 1, 
                2007;
                    ``(B) the 40 United States ports that are next in 
                order of priority to the ports described in 
                subparagraph (A) not later than January 1, 2008; and
                    ``(C) all other United States ports not later than 
                January 1, 2009.
    ``(j) Transportation Security Card Processing Deadline.--Not later 
than January 1, 2009, the Secretary shall process and issue or deny 
each application for a transportation security card under this section 
for individuals with current and valid merchant mariner's documents on 
the date of enactment of the Port Security Improvement Act of 2006.
    ``(k) Vessel and Facility Card Reader Assessments.--
            ``(1) Pilot programs.--
                    ``(A) Vessel pilot program.--The Secretary shall 
                conduct a pilot program in 3 distinct geographic 
                locations to assess the feasibility of implementing 
                card readers at secure areas of a vessel in accordance 
                with the Notice of Proposed Rulemaking released on May 
                22, 2006, (TSA-2006-24191; USCG-2006-24196).
                    ``(B) Facilities pilot program.--In addition to the 
                pilot program described in subparagraph (A), the 
                Secretary shall conduct a pilot program in 3 distinct 
                geographic locations to assess the feasibility of 
                implementing card readers at secure areas of facilities 
                in a variety of environmental settings.
                    ``(C) Coordination with transportation security 
                cards.--The pilot programs described in subparagraphs 
                (A) and (B) shall be conducted concurrently with the 
                issuance of the transportation security cards as 
                described in subsection (b), of this section, to ensure 
                card and card reader interoperability.
            ``(2) Duration.--The pilot program described in paragraph 
        (1) shall commence not later than 180 days after the date of 
        the enactment of the Port Security Improvement Act of 2006 and 
        shall terminate 1 year after commencement.
            ``(3) Report.--Not later than 90 days after the termination 
        of the pilot program described under subparagraph (1), the 
        Secretary shall submit a comprehensive report to the 
        appropriate congressional committees (as defined in section 
        2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)) 
        that includes--
                    ``(A) the actions that may be necessary to ensure 
                that all vessels and facilities to which this section 
                applies are able to comply with the regulations 
                promulgated under subsection (a);
                    ``(B) recommendations concerning fees and a 
                statement of policy considerations for alternative 
                security plans; and
                    ``(C) an analysis of the viability of equipment 
                under the extreme weather conditions of the marine 
                environment.
    ``(l) Progress Reports.--Not later than 6 months after the date of 
the enactment of the Port Security Improvement Act 2006 and every 6 
months thereafter until the requirements under this section are fully 
implemented, the Secretary shall submit a report on progress being made 
in implementing such requirements to the appropriate congressional 
committees (as defined in section 2(2) of the Homeland Security Act of 
2002 (6 U.S.C. 101(2)).''.
    (b) Clarification of Eligibility for Transportation Security 
Cards.--Section 70105(b)(2) of title 46, United States Code, is 
amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (E);
            (2) by striking ``Secretary.'' in subparagraph (F) and 
        inserting ``Secretary; and''; and
            (3) by adding at the end the following:
                    ``(G) other individuals as determined appropriate 
                by the Secretary including individuals employed at a 
                port not otherwise covered by this subsection.''.
    (c) Deadline for Section 70105 Regulations.--The Secretary shall 
promulgate final regulations implementing section 70105 of title 46, 
United States Code, no later than January 1, 2007. The regulations 
shall include a background check process to enable newly hired workers 
to begin working unless the Secretary makes an initial determination 
that the worker poses a security risk. Such process shall include a 
check against the consolidated and integrated terrorist watch list 
maintained by the Federal Government.

SEC. 105. 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.''.

SEC. 106. LONG-RANGE VESSEL TRACKING.

    (a) Regulations.--Section 70115 of title 46, United States Code, is 
amended in the first sentence by striking ``The Secretary'' and 
inserting ``Not later than April 1, 2007, the Secretary''.
    (b) Voluntary Program.--The Secretary may issue regulations to 
establish a voluntary long-range automated vessel tracking system for 
vessels described in section 70115 of title 46, United States Code, 
during the period before regulations are issued under such section.

SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS FOR PORT 
              SECURITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by inserting after section 70107 the following:
``Sec. 70107A. Interagency operational centers for port security
    ``(a) In General.--The Secretary shall establish interagency 
operational centers for port security at all high-priority ports not 
later than 3 years after the date of the enactment of the Port Security 
Improvement Act of 2006.
    ``(b) Characteristics.--The interagency operational centers 
established under this section shall--
            ``(1) utilize, as appropriate, the compositional and 
        operational characteristics of centers, including--
                    ``(A) the pilot project interagency operational 
                centers for port security in Miami, Florida; Norfolk/
                Hampton Roads, Virginia; Charleston, South Carolina; 
                San Diego, California; and
                    ``(B) the virtual operation center of the Port of 
                New York and New Jersey;
            ``(2) be organized to fit the security needs, requirements, 
        and resources of the individual port area at which each is 
        operating;
            ``(3) provide, as the Secretary determines appropriate, for 
        participation by representatives of the United States Customs 
        and Border Protection, the Transportation Security 
        Administration, the Department of Justice, the Department of 
        Defense, and other Federal agencies, State and local law 
        enforcement or port security personnel, members of the Area 
        Maritime Security Committee, and other public and private 
        sector stakeholders adversely affected by a transportation 
        security incident or transportation disruption; and
            ``(4) be incorporated in the implementation and 
        administration of--
                    ``(A) maritime transportation security plans 
                developed under section 70103;
                    ``(B) maritime intelligence activities under 
                section 70113 and information sharing activities 
                consistent with section 1016 of the National Security 
                Intelligence Reform Act of 2004 (6 U.S.C. 485) and the 
                Homeland Security Information Sharing Act (6 U.S.C. 481 
                et seq.);
                    ``(C) short and long range vessel tracking under 
                sections 70114 and 70115;
                    ``(D) protocols under section 201(b)(10) of the 
                Port Security Improvement Act of 2006;
                    ``(E) the transportation security incident response 
                plans required by section 70104; and
                    ``(F) other activities, as determined by the 
                Secretary.
    ``(c) Security Clearances.--The Secretary shall sponsor and 
expedite individuals participating in interagency operational centers 
in gaining or maintaining their security clearances. Through the 
Captain of the Port, the Secretary may identify key individuals who 
should participate. The port or other entities may appeal to the 
Captain of the Port for sponsorship.''.
    (b) 2005 Act Report Requirement.--Nothing in this section or the 
amendments made by this section relieves the Commandant of the Coast 
Guard from complying with the requirements of section 807 of the Coast 
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118 
Stat. 1082). The Commandant shall utilize the information developed in 
making the report required by that section in carrying out the 
requirements of this section.
    (c) Budget and Cost-Sharing Analysis.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a proposed budget analysis 
for implementing section 70107A of title 46, United States Code, as 
added by subsection (a), including cost-sharing arrangements with other 
Federal departments and agencies involved in the interagency operation 
of the centers to be established under such section.
    (d) Clerical Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 70107 the following:

``70107A. Interagency operational centers for port security.''.

SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER 
              CONTINENTAL SHELF.

    (a) Notice of Arrival.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary is directed to update and 
finalize its rulemaking on Notice of Arrival for foreign vessels on the 
outer Continental Shelf.
    (b) Content of Regulations.--The regulations promulgated pursuant 
to paragraph (1) shall be consistent with information required under 
the Notice of Arrival under section 160.206 of title 33, Code of 
Federal Regulations, as in effect on the date of the enactment of this 
Act.

    Subtitle B--Port Security Grants; Training and Exercise Programs

SEC. 111. PORT SECURITY GRANTS.

    (a) Basis for Grants.--Section 70107(a) of title 46, United States 
Code, is amended by striking ``for making a fair and equitable 
allocation of funds'' and inserting ``for the allocation of funds based 
on risk''.
    (b) Risk Management Plan.--
            (1) In general.--Under the direction of the Commandant of 
        the Coast Guard, each Area Maritime Security Committee shall 
        develop a Port Wide Risk Management Plan that includes--
                    (A) security goals and objectives, supported by a 
                risk assessment and an evaluation of alternatives;
                    (B) a management selection process; and
                    (C) active monitoring to measure effectiveness.
            (2) Risk assessment tool.--The Secretary of the Department 
        in which the Coast Guard is operating, shall make available, 
        and Area Maritime Security Committees shall use, a risk 
        assessment tool that uses standardized risk criteria, such as 
        the Maritime Security Risk Assessment Tool used by the Coast 
        Guard, to develop the Port Wide Risk Management Plan.
    (c) Multiple-Year Projects, Etc.--Section 70107 of title 46, United 
States Code, is amended by redesignating subsections (e), (f), (g), 
(h), and (i) as subsections (i), (j), (k), (l), and (m), respectively, 
and by inserting after subsection (d) the following:
    ``(e) Multiple-Year Projects.--
            ``(1) Letters of intent.--The Secretary may execute letters 
        of intent to commit funding to such authorities, operators, and 
        agencies.
            ``(2) Limitation.--Not more than 20 percent of the grant 
        funds awarded under this subsection in any fiscal year may be 
        awarded for projects that span multiple years.
    ``(f) Consistency With Plans.--The Secretary shall ensure that each 
grant awarded under subsection (e)--
            ``(1) is used to supplement and support, in a consistent 
        and coordinated manner, the applicable Area Maritime 
        Transportation Security Plan;
            ``(2) is coordinated with any applicable State or Urban 
        Area Homeland Security Plan; and
            ``(3) is consistent with the Port Wide Risk Management Plan 
        developed under section 111(b) of the Port Security Improvement 
        Act of 2006.
    ``(g) Applications.--Any entity subject to an Area Maritime 
Transportation Security Plan may submit an application for a grant 
under this subsection, at such time, in such form, and containing such 
information and assurances as the Secretary, working through the 
Directorate for Preparedness, may require.
    ``(h) Reports.--Not later than 180 days after the date of the 
enactment of the Port Security Improvement Act of 2006, the Secretary, 
acting through the Commandant of the Coast Guard, shall submit a report 
to Congress, in a secure format, describing the methodology used to 
allocate port security grant funds on the basis of risk.''.
    (d) Authorization of Appropriations.--Subsection (l) of section 
70107 of title 46, United States Code, as redesignated by subsection 
(b) is amended to read as follows:
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated $400,000,000 for each of the fiscal years 2007 through 
2011 to carry out this section.''.
    (e) Basis for Grants.--Section 70107(a) of title 46, United States 
Code, is amended by inserting ``, energy'' between ``national 
economic'' and ``and strategic defense concerns.''.
    (f) Container Scanning Technology Grant Program.--
            (1) Nuclear and radiological detection devices.--Section 
        70107(m)(1)(C) of title 46, United States Code, as redesignated 
        by subsection (b), is amended by inserting ``, underwater or 
        water surface devices, devices that can be mounted on cranes 
        and straddle cars used to move cargo within ports, and scanning 
        and imaging technology'' before the semicolon at the end.
            (2) Use of funds.--Amounts appropriated pursuant to this 
        section shall be used for grants to be awarded in a competitive 
        process to public or private entities for the purpose of 
        researching and developing nuclear and radiological detection 
        equipment described in section 70107(m)(1)(C) of title 46, 
        United States Code, as amended by this section.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated a total of $70,000,000 for fiscal years 2008 
        through 2009 for the purpose of researching and developing 
        nuclear and radiological detection equipment described in 
        section 70107(m)(1)(C) of title 46, United States Code, as 
        amended by this section.

SEC. 112. PORT SECURITY TRAINING PROGRAM.

    (a) In General.--The Secretary, acting through the Under Secretary 
for Preparedness and in coordination with the Commandant of the Coast 
Guard, shall establish a Port Security Training Program (referred to in 
this section as the ``Program'') for the purpose of enhancing the 
capabilities of each of the commercial seaports of the United States to 
prevent, prepare for, respond to, mitigate against, and recover from 
threatened or actual acts of terrorism, natural disasters, and other 
emergencies.
    (b) Requirements.--The Program shall provide validated training 
that--
            (1) reaches multiple disciplines, including Federal, State, 
        and local government officials, commercial seaport personnel 
        and management, and governmental and nongovernmental emergency 
        response providers;
            (2) provides training at the awareness, performance, and 
        management and planning levels;
            (3) utilizes multiple training mediums and methods;
            (4) addresses port security topics, including--
                    (A) seaport security plans and procedures, 
                including how security plans and procedures are 
                adjusted when threat levels increase;
                    (B) seaport security force operations and 
                management;
                    (C) physical security and access control at 
                seaports;
                    (D) methods of security for preventing and 
                countering cargo theft;
                    (E) container security;
                    (F) recognition and detection of weapons, dangerous 
                substances, and devices;
                    (G) operation and maintenance of security equipment 
                and systems;
                    (H) security threats and patterns;
                    (I) security incident procedures, including 
                procedures for communicating with governmental and 
                nongovernmental emergency response providers; and
                    (J) evacuation procedures;
            (5) is consistent with, and supports implementation of, the 
        National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goal, the 
        National Maritime Transportation Security Plan, and other such 
        national initiatives;
            (6) is evaluated against clear and consistent performance 
        measures;
            (7) addresses security requirements under facility security 
        plans; and
            (8) educates, trains, and involves populations of at-risk 
        neighborhoods around ports, including training on an annual 
        basis for neighborhoods to learn what to be watchful for in 
        order to be a ``citizen corps'', if necessary.
    (c) Training Partners.--In developing and delivering training under 
the Program, the Secretary, in coordination with the Maritime 
Administration of the Department of Transportation, and consistent with 
section 109 of the Maritime Transportation Security Act of 2002 (46 
U.S.C. 70101 note), shall--
            (1) work with government training facilities, academic 
        institutions, private organizations, employee organizations, 
        and other entities that provide specialized, state-of-the-art 
        training for governmental and non-governmental emergency 
        responder providers or commercial seaport personnel and 
        management; and
            (2) utilize, as appropriate, government training 
        facilities, courses provided by community colleges, public 
        safety academies, State and private universities, and other 
        facilities.

SEC. 113. PORT SECURITY EXERCISE PROGRAM.

    (a) In General.--The Secretary, acting through the Under Secretary 
for Preparedness and in coordination with the Commandant of the Coast 
Guard, may establish a Port Security Exercise Program (referred to in 
this section as the ``Program'') for the purpose of testing and 
evaluating the capabilities of Federal, State, local, and foreign 
governments, commercial seaport personnel and management, governmental 
and nongovernmental emergency response providers, the private sector, 
or any other organization or entity, as the Secretary determines to be 
appropriate, to prevent, prepare for, mitigate against, respond to, and 
recover from acts of terrorism, natural disasters, and other 
emergencies at commercial seaports.
    (b) Requirements.--The Secretary shall ensure that the Program--
            (1) conducts, on a periodic basis, port security exercises 
        at commercial seaports that are--
                    (A) scaled and tailored to the needs of each port;
                    (B) live, in the case of the most at-risk ports;
                    (C) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    (D) consistent with the National Incident 
                Management System, the National Response Plan, the 
                National Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                the National Maritime Transportation Security Plan, and 
                other such national initiatives;
                    (E) evaluated against clear and consistent 
                performance measures;
                    (F) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, and local 
                officials, seaport personnel and management, 
                governmental and nongovernmental emergency response 
                providers, and the private sector; and
                    (G) followed by remedial action in response to 
                lessons learned; and
            (2) assists State and local governments and commercial 
        seaports in designing, implementing, and evaluating exercises 
        that--
                    (A) conform to the requirements of paragraph (1); 
                and
                    (B) are consistent with any applicable Area 
                Maritime Transportation Security Plan and State or 
                Urban Area Homeland Security Plan.
    (c) Improvement Plan.--The Secretary shall establish a port 
security improvement plan process to--
            (1) identify and analyze each port security exercise for 
        lessons learned and best practices;
            (2) disseminate lessons learned and best practices to 
        participants in the Program;
            (3) monitor the implementation of lessons learned and best 
        practices by participants in the Program; and
            (4) conduct remedial action tracking and long-term trend 
        analysis.

                      Subtitle C--Port Operations

SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

    (a) Examining Containers.--Not later than December 31, 2007, all 
containers entering the United States through the busiest 22 seaports 
of entry shall be examined for radiation.
    (b) Strategy.--The Secretary shall develop a strategy for the 
deployment of radiation detection capabilities that includes--
            (1) a risk-based prioritization of ports of entry at which 
        radiation detection equipment will be deployed;
            (2) a proposed timeline of when radiation detection 
        equipment will be deployed at each port of entry identified 
        under paragraph (1);
            (3) the type of equipment to be used at each port of entry 
        identified under paragraph (1), including the joint deployment 
        and utilization of radiation detection equipment and 
        nonintrusive imaging equipment;
            (4) standard operating procedures for examining containers 
        with such equipment, including sensor alarming, networking, and 
        communications and response protocols;
            (5) operator training plans;
            (6) an evaluation of the environmental health and safety 
        impacts of nonintrusive imaging technology;
            (7) the policy of the Department for using nonintrusive 
        imagining equipment in tandem with radiation detection 
        equipment; and
            (8) a classified annex that--
                    (A) details plans for covert testing; and
                    (B) outlines the risk-based prioritization of ports 
                of entry identified under paragraph (1).
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit the strategy developed under 
subsection (b) to the appropriate congressional committees.
    (d) Update.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary may update the strategy submitted 
under subsection (c) to provide a more complete evaluation under 
subsection (b)(6).
    (e) Other Weapons of Mass Destruction Threats.--Not later than 180 
days after the date of the enactment of this Act, the Secretary shall 
submit a strategy for the development of equipment to detect chemical, 
biological, and other weapons of mass destruction at all ports of entry 
into the United States to the appropriate congressional committees.
    (f) Standards.--The Secretary, in conjunction with the National 
Institute of Standards and Technology, shall publish technical 
capability standards and recommended standard operating procedures for 
the use of nonintrusive imaging and radiation detection equipment in 
the United States. Such standards and procedures--
            (1) should take into account relevant standards and 
        procedures utilized by other Federal departments or agencies as 
        well as those developed by international bodies; and
            (2) shall not be designed so as to endorse specific 
        companies or create sovereignty conflicts with participating 
        countries.
    (g) Implementation.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall fully implement the strategy 
developed under subsection (b).
    (h) Expansion To Other United States Ports of Entry.--
            (1) In general.--As soon as practicable after--
                    (A) implementation of the program for the 
                examination of containers for radiation at ports of 
                entry described in subsection (a), and
                    (B) submission of the strategy developed under 
                subsection (b) (and updating, if any, of that strategy 
                under subsection (c)),
        but no later than December 31, 2008, the Secretary shall expand 
        the strategy developed under subsection (b), in a manner 
        consistent with the requirements of subsection (b), to provide 
        for the deployment of radiation detection capabilities at all 
        other United States ports of entry not covered by the strategy 
        developed under subsection (b).
            (2) Risk assessment.--In expanding the strategy under 
        paragraph (1), the Secretary shall identify and assess the 
        risks to those other ports of entry in order to determine what 
        equipment and practices will best mitigate the risks.
    (i) Intermodal Rail Radiation Detection Test Center.--
            (1) Establishment.--In accordance with subsection (b), and 
        in order to comply with this section, the Secretary shall 
        establish Intermodal Rail Radiation Detection Test Centers 
        (referred to in this subsection as the ``Test Centers'').
            (2) Projects.--The Secretary shall conduct multiple, 
        concurrent projects at the Test Center to rapidly identify and 
        test concepts specific to the challenges posed by on-dock rail.
            (3) Location.--The Test Centers shall be located within 
        public port facilities which have a significant portion of the 
        containerized cargo directly laden from (or unladen to) on-
        dock, intermodal rail, including at least one public port 
        facility at which more than 50 percent of the containerized 
        cargo is directly laden from (or unladen to) on-dock, 
        intermodal rail.

SEC. 122. PORT SECURITY USER FEE STUDY.

    The Secretary shall conduct a study of the need for, and 
feasibility of, establishing a system of oceanborne and port-related 
transportation user fees that may be imposed and collected as a 
dedicated revenue source, on a temporary or continuing basis, to 
provide necessary funding for legitimate improvements to, and 
maintenance of, port security. Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that contains--
            (1) the results of the study;
            (2) an assessment of the annual amount of customs fees and 
        duties collected through oceanborne and port-related 
        transportation and the amount and percentage of such fees and 
        duties that are dedicated to improve and maintain security;
            (3)(A) an assessment of the fees, charges, and standards 
        imposed on United States ports, port terminal operators, 
        shippers, and persons who use United States ports, compared 
        with the fees and charges imposed on ports and port terminal 
        operators in Canada and Mexico and persons who use those 
        foreign ports; and
            (B) an assessment of the impact on the competitiveness of 
        United States ports, port terminal operators, and shippers; and
            (4) the Secretary's recommendations based upon the study, 
        and an assessment of the consistency of such recommendations 
        with the international obligations and commitments of the 
        United States.

SEC. 123. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary, acting through the Commissioner, and in 
coordination with the Secretary of State and in cooperation with ferry 
operators and appropriate foreign government officials, shall seek to 
develop a plan for the inspection of passengers and vehicles before 
such passengers board, or such vehicles are loaded onto, a ferry bound 
for a United States seaport.

SEC. 124. RANDOM SEARCHES OF CONTAINERS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary, acting through the Commissioner, shall develop and 
implement a plan, utilizing best practices for empirical scientific 
research design and random sampling, to conduct random searches of 
containers in addition to any targeted or preshipment inspection of 
such containers required by law or regulation or conducted under any 
other program conducted by the Secretary. Nothing in this section shall 
be construed to mean that implementation of the random sampling plan 
precludes additional searches of containers not inspected pursuant to 
the plan.

SEC. 125. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

    Section 70101(6) of title 46, United States Code, is amended by 
adding at the end the following: ``In this paragraph, the term 
`economic disruption' does not include a work stoppage or other 
nonviolent employee-related action not related to terrorism and 
resulting from an employee-employer dispute.''.

SEC. 126. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.

    Subject to the availability of appropriations, within 90 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall implement a threat assessment screening, including name-based 
checks against terrorist watch lists and immigration status check, for 
all port truck drivers that is the same as the threat assessment 
screening required for facility employees and longshoremen by the 
Commandant of the Coast Guard under Coast Guard Notice USCG-2006-24189 
(Federal Register, Vol. 71, No. 82, Friday, April 28, 2006).

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
              SUPPLY CHAIN.

    (a) Strategic Plan.--The Secretary, in consultation with 
appropriate Federal, State, local, and tribal government agencies and 
private-sector stakeholders responsible for security matters that 
affect or relate to the movement of containers through the 
international supply chain, shall develop, implement, and update, as 
appropriate, a strategic plan to enhance the security of the 
international supply chain.
    (b) Requirements.--The strategic plan required under subsection (a) 
shall--
            (1) describe the roles, responsibilities, and authorities 
        of Federal, State, local, and tribal government agencies and 
        private-sector stakeholders that relate to the security of the 
        movement of containers through the international supply chain;
            (2) identify and address gaps and unnecessary overlaps in 
        the roles, responsibilities, or authorities described in 
        paragraph (1);
            (3) identify and make recommendations regarding 
        legislative, regulatory, and organizational changes necessary 
        to improve coordination among the entities or to enhance the 
        security of the international supply chain;
            (4) provide measurable goals, including objectives, 
        mechanisms, and a schedule, for furthering the security of 
        commercial operations from point of origin to point of 
        destination;
            (5) build on available resources and consider costs and 
        benefits;
            (6) provide incentives for additional voluntary measures to 
        enhance cargo security, as determined by the Commissioner;
            (7) consider the impact of supply chain security 
        requirements on small and medium size companies;
            (8) include a process for sharing intelligence and 
        information with private-sector stakeholders to assist in their 
        security efforts;
            (9) identify a framework for prudent and measured response 
        in the event of a transportation security incident involving 
        the international supply chain;
            (10) provide protocols for the expeditious resumption of 
        the flow of trade in accordance with section 202, including--
                    (A) the identification of the appropriate initial 
                incident commander, if the Commandant of the Coast 
                Guard is not the appropriate initial incident 
                commander, and lead departments, agencies, or offices 
                to execute such protocols;
                    (B) a plan to redeploy resources and personnel, as 
                necessary, to reestablish the flow of trade in the 
                event of a transportation disruption; and
                    (C) a plan to provide training for the periodic 
                instruction of personnel of the United States Customs 
                and Border Protection in trade resumption functions and 
                responsibilities following a transportation disruption;
            (11) consider the linkages between supply chain security 
        and security programs within other systems of movement, 
        including travel security and terrorism finance programs; and
            (12) expand upon and relate to existing strategies and 
        plans, including the National Response Plan, National Maritime 
        Transportation Security Plan, and the 8 supporting plans of the 
        Strategy, as required by Homeland Security Presidential 
        Directive 13.
    (c) Consultation.--In developing protocols under subsection 
(b)(10), the Secretary shall consult with Federal, State, local, and 
private sector stakeholders, including the National Maritime Security 
Advisory Committee and the Commercial Operations Advisory Committee.
    (d) Communication.--To the extent practicable, the strategic plan 
developed under subsection (a) shall provide for coordination with, and 
lines of communication among, appropriate Federal, State, local, and 
private-sector stakeholders on law enforcement actions, intermodal 
rerouting plans, and other strategic infrastructure issues resulting 
from a transportation security incident or transportation disruption.
    (e) Utilization of Advisory Committees.--As part of the 
consultations described in subsection (a), the Secretary shall, to the 
extent practicable, utilize the Homeland Security Advisory Committee, 
the National Maritime Security Advisory Committee, and the Commercial 
Operations Advisory Committee to review, as necessary, the draft 
strategic plan and any subsequent updates to the strategic plan.
    (f) International Standards and Practices.--In furtherance of the 
strategic plan required under subsection (a), the Secretary is 
encouraged to consider proposed or established standards and practices 
of foreign governments and international organizations, including the 
International Maritime Organization, the World Customs Organization, 
and the International Organization for Standardization, as appropriate, 
to establish standards and best practices for the security of 
containers moving through the international supply chain.
    (g) Report.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a report that contains the 
        strategic plan required by subsection (a).
            (2) Final report.--Not later than 3 years after the date on 
        which the strategic plan is submitted under paragraph (1), the 
        Secretary shall submit a report to the appropriate 
        congressional committees that contains an update of the 
        strategic plan.

SEC. 202. POST INCIDENT RESUMPTION OF TRADE.

    (a) In General.--Except as otherwise determined by the Secretary, 
in the event of a maritime transportation disruption or a maritime 
transportation security incident, the initial incident commander and 
the lead department, agency, or office for carrying out the strategic 
plan required under section 201 shall be determined by the protocols 
required under section 201(b)(10).
    (b) Vessels.--The Commandant of the Coast Guard shall, to the 
extent practicable and consistent with the protocols and plans required 
under paragraphs (10) and (12) of section 201(b), ensure the safe and 
secure transit of vessels to ports in the United States after a 
maritime transportation security incident, with priority given to 
vessels carrying cargo determined by the President to be critical for 
response and recovery from such a disruption or incident, and to 
vessels that--
            (1) have either a vessel security plan approved under 
        section 70103(c) of title 46, United States Code, or a valid 
        international ship security certificate, as provided under part 
        104 of title 33, Code of Federal Regulations;
            (2) are manned by individuals who are described in section 
        70105(b)(2)(B) of title 46, United States Code, and who--
                    (A) have undergone a background records check under 
                section 70105(d) of title 46, United States Code; or
                    (B) hold a transportation security card issued 
                under section 70105 of title 46, United States Code; 
                and
            (3) are operated by validated participants in the Customs-
        Trade Partnership Against Terrorism program.
    (c) Cargo.--Consistent with the protocols and plans required under 
paragraphs (10) and (12) of section 201(b), the Commissioner shall give 
preference to cargo--
            (1) entering a port of entry directly from a foreign 
        seaport designated under the Container Security Initiative;
            (2) determined by the President to be critical for response 
        and recovery;
            (3) that has been handled by a validated C-TPAT 
        participant; or
            (4) that has undergone (A) a nuclear or radiological 
        detection scan, (B) an x-ray, density or other imaging scan, 
        and (C) an optical recognition scan, at the last port of 
        departure prior to arrival in the United States, which data has 
        been evaluated and analyzed by United States Customs and Border 
        Protection personnel.
    (d) Coordination.--The Secretary shall ensure that there is 
appropriate coordination among the Commandant of the Coast Guard, the 
Commissioner, and other Federal officials following a maritime 
disruption or maritime transportation security incident in order to 
provide for the resumption of trade.
    (e) Communication.--Consistent with section 201 of this Act, the 
Commandant of the Coast Guard, Commissioner, and other appropriate 
Federal officials, shall promptly communicate any revised procedures or 
instructions intended for the private sector following a maritime 
disruption or maritime transportation security incident.

SEC. 203. AUTOMATED TARGETING SYSTEM.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall--
            (1) identify and seek the submission of data related to the 
        movement of a shipment of cargo through the international 
        supply chain; and
            (2) analyze the data described in paragraph (1) to identify 
        high-risk cargo for inspection.
    (b) Consideration.--The Secretary, acting through the Commissioner, 
shall--
            (1) consider the cost, benefit, and feasibility of--
                    (A) requiring additional nonmanifest documentation;
                    (B) reducing the time period allowed by law for 
                revisions to a container cargo manifest;
                    (C) reducing the time period allowed by law for 
                submission of certain elements of entry data, for 
                vessel or cargo; and
                    (D) such other actions the Secretary considers 
                beneficial for improving the information relied upon 
                for the Automated Targeting System and any successor 
                targeting system in furthering the security and 
                integrity of the international supply chain; and
            (2) consult with stakeholders, including the Commercial 
        Operations Advisory Committee, and identify to them the need 
        for such information, and the appropriate timing of its 
        submission.
    (c) Determination.--Upon the completion of the process under 
subsection (b), the Secretary, acting through the Commissioner, may 
require importers to submit certain elements of non-manifest or other 
data about a shipment bound for the United States not later than 24 
hours before loading a container on a vessel at a foreign port bound 
for the United States.
    (d) System Improvements.--The Secretary, acting through the 
Commissioner, shall--
            (1) conduct, through an independent panel, a review of the 
        effectiveness and capabilities of the Automated Targeting 
        System;
            (2) consider future iterations of the Automated Targeting 
        System;
            (3) ensure that the Automated Targeting System has the 
        capability to electronically compare manifest and other 
        available data for cargo entered into or bound for the United 
        States to detect any significant anomalies between such data 
        and facilitate the resolution of such anomalies; and
            (4) ensure that the Automated Targeting System has the 
        capability to electronically identify, compile, and compare 
        select data elements for cargo entered into or bound for the 
        United States following a maritime transportation security 
        incident, in order to efficiently identify cargo for increased 
        inspection or expeditious release.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the United States Customs and Border Protection in the 
        Department of Homeland Security to carry out the Automated 
        Targeting System for identifying high-risk oceanborne container 
        cargo for inspection--
                    (A) $33,200,000 for fiscal year 2008;
                    (B) $35,700,000 for fiscal year 2009; and
                    (C) $37,485,000 for fiscal year 2010.
            (2) Supplement for other funds.--The amounts authorized by 
        this subsection shall be in addition to any other amount 
        authorized to be appropriated to carry out the Automated 
        Targeting System.

SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.

    (a) Establishment.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary shall initiate a 
        rulemaking proceeding to establish minimum standards and 
        procedures for securing containers in transit to an importer in 
        the United States.
            (2) Interim rule.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall issue an 
        interim final rule pursuant to the proceeding described in 
        paragraph (1).
            (3) Missed deadline.--If the Secretary is unable to meet 
        the deadline established pursuant to paragraph (2), the 
        Secretary shall transmit a letter to the appropriate 
        congressional committees explaining why the Secretary is unable 
        to meet that deadline and describing what must be done before 
        such minimum standards and procedures can be established.
    (b) Review and Enhancement.--The Secretary shall regularly review 
and enhance the standards and procedures established pursuant to 
subsection (a).
    (c) International Cargo Security Standards.--The Secretary, in 
consultation with the Secretary of State, the Secretary of Energy, and 
other government officials, as appropriate, and with the Commercial 
Operations Advisory Committee, the Homeland Security Advisory 
Committee, and the National Maritime Security Advisory Committee, is 
encouraged to promote and establish international standards for the 
security of containers moving through the international supply chain 
with foreign governments and international organizations, including the 
International Maritime Organization and the World Customs Organization.

SEC. 205. CONTAINER SECURITY INITIATIVE.

    (a) Establishment.--The Secretary, acting through the Commissioner, 
shall establish and implement a program (referred to in this section as 
the ``Container Security Initiative'') to identify and examine or 
search maritime containers that pose a security risk before loading 
such containers in a foreign port for shipment to the United States, 
either directly or through a foreign port.
    (b) Assessment.--The Secretary, acting through the Commissioner, 
may designate foreign seaports to participate in the Container Security 
Initiative after the Secretary has assessed the costs, benefits, and 
other factors associated with such designation, including--
            (1) the level of risk for the potential compromise of 
        containers by terrorists, or other threats as determined by the 
        Secretary;
            (2) the volume and value of cargo being imported to the 
        United States directly from, or being transshipped through, the 
        foreign seaport;
            (3) the results of the Coast Guard assessments conducted 
        pursuant to section 70108 of title 46, United States Code;
            (4) the commitment of the government of the country in 
        which the foreign seaport is located to cooperate with the 
        Department to carry out the Container Security Initiative; and
            (5) the potential for validation of security practices at 
        the foreign seaport by the Department.
    (c) Notification.--The Secretary shall notify the appropriate 
congressional committees of the designation of a foreign port under the 
Container Security Initiative or the revocation of such a designation 
before notifying the public of such designation or revocation.
    (d) Negotiations.--The Secretary, in cooperation with the Secretary 
of State and in consultation with the United States Trade 
Representative, may enter into negotiations with the government of each 
foreign nation in which a seaport is designated under the Container 
Security Initiative to ensure full compliance with the requirements 
under the Container Security Initiative.
    (e) Overseas Inspections.--The Secretary shall establish minimum 
technical capability criteria and standard operating procedures for the 
use of nonintrusive imaging and radiation detection equipment in 
conjunction with the Container Security Initiative and shall monitor 
operations at foreign seaports designated under the Container Security 
Initiative to ensure the use of such criteria and procedures. Such 
criteria and procedures--
            (1) shall be consistent with relevant standards and 
        procedures utilized by other Federal departments or agencies, 
        or developed by international bodies if the United States 
        consents to such standards and procedures;
            (2) shall not apply to activities conducted under the 
        Megaports Initiative of the Department of Energy;
            (3) shall not be designed to endorse the product or 
        technology of any specific company or to conflict with the 
        sovereignty of a country in which a foreign seaport designated 
        under the Container Security Initiative is located; and
            (4) shall be applied to the equipment operated at each 
        foreign seaport designated under the Container Security 
        Initiative, except as provided under paragraph (2).
    (f) Savings Provision.--The authority of the Secretary under this 
section shall not affect any authority or duplicate any efforts or 
responsibilities of the Federal Government with respect to the 
deployment of radiation detection equipment outside of the United 
States.
    (g) Coordination.--The Secretary shall coordinate with the 
Secretary of Energy to--
            (1) provide radiation detection equipment required to 
        support the Container Security Initiative through the 
        Department of Energy's Second Line of Defense and Megaports 
        programs; or
            (2) work with the private sector to obtain radiation 
        detection equipment that meets both the Department's and the 
        Department of Energy's technical specifications for such 
        equipment.
    (h) Staffing.--The Secretary shall develop a human capital 
management plan to determine adequate staffing levels in the United 
States and in foreign seaports including, as appropriate, the remote 
location of personnel in countries in which foreign seaports are 
designated under the Container Security Initiative.
    (i) Annual Discussions.--The Secretary, in coordination with the 
appropriate Federal officials, shall hold annual discussions with 
foreign governments of countries in which foreign seaports designated 
under the Container Security Initiative are located regarding best 
practices, technical assistance, training needs, and technological 
developments that will assist in ensuring the efficient and secure 
movement of international cargo.
    (j) Lesser Risk Port.--The Secretary, acting through the 
Commissioner, may treat cargo loaded in a foreign seaport designated 
under the Container Security Initiative as presenting a lesser risk 
than similar cargo loaded in a foreign seaport that is not designated 
under the Container Security Initiative, for the purpose of clearing 
such cargo into the United States.
    (k) Report.--
            (1) In general.--Not later than September 30, 2007, the 
        Secretary, acting through the Commissioner, shall, in 
        consultation with other appropriate government officials and 
        the Commercial Operations Advisory Committee, submit a report 
        to the appropriate congressional committee on the effectiveness 
        of, and the need for any improvements to, the Container 
        Security Initiative. The report shall include--
                    (A) a description of the technical assistance 
                delivered to, as well as needed at, each designated 
                seaport;
                    (B) a description of the human capital management 
                plan at each designated seaport;
                    (C) a summary of the requests made by the United 
                States to foreign governments to conduct physical or 
                nonintrusive inspections of cargo at designated 
                seaports, and whether each such request was granted or 
                denied by the foreign government;
                    (D) an assessment of the effectiveness of 
                screening, scanning, and inspection protocols and 
                technologies utilized at designated seaports and the 
                effect on the flow of commerce at such seaports, as 
                well as any recommendations for improving the 
                effectiveness of screening, scanning, and inspection 
                protocols and technologies utilized at designated 
                seaports;
                    (E) a description and assessment of the outcome of 
                any security incident involving a foreign seaport 
                designated under the Container Security Initiative; and
                    (F) a summary and assessment of the aggregate 
                number and extent of trade compliance lapses at each 
                seaport designated under the Container Security 
                Initiative.
            (2) Updated report.--Not later than September 30, 2010, the 
        Secretary, acting through the Commissioner, shall, in 
        consultation with other appropriate government officials and 
        the Commercial Operations Advisory Committee, submit an updated 
        report to the appropriate congressional committees on the 
        effectiveness of, and the need for any improvements to, the 
        Container Security Initiative. The updated report shall address 
        each of the elements required to be included in the report 
        provided for under paragraph (1).
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Customs and Border Protection in the 
Department of Homeland Security to carry out the provisions of this 
section--
            (1) $144,000,000 for fiscal year 2008;
            (2) $146,000,000 for fiscal year 2009; and
            (3) $153,300,000 for fiscal year 2010.

        Subtitle B--Customs-Trade Partnership Against Terrorism

SEC. 211. ESTABLISHMENT.

    (a) Establishment.--The Secretary, acting through the Commissioner, 
is authorized to establish a voluntary government-private sector 
program (to be known as the ``Customs-Trade Partnership Against 
Terrorism'' or ``C-TPAT'') to strengthen and improve the overall 
security of the international supply chain and United States border 
security, and to facilitate the movement of secure cargo through the 
international supply chain, by providing benefits to participants 
meeting or exceeding the program requirements. Participants in C-TPAT 
shall include tier 1 participants, tier 2 participants, and tier 3 
participants.
    (b) Minimum Security Requirements.--The Secretary, acting through 
the Commissioner, shall review the minimum security requirements of C-
TPAT at least once every year and update such requirements as 
necessary.

SEC. 212. ELIGIBLE ENTITIES.

    Importers, customs brokers, forwarders, air, sea, land carriers, 
contract logistics providers, and other entities in the international 
supply chain and intermodal transportation system are eligible to apply 
to voluntarily enter into partnerships with the Department under C-
TPAT.

SEC. 213. MINIMUM REQUIREMENTS.

    An applicant seeking to participate in C-TPAT shall--
            (1) demonstrate a history of moving cargo in the 
        international supply chain;
            (2) conduct an assessment of its supply chain based upon 
        security criteria established by the Secretary, acting through 
        the Commissioner, including--
                    (A) business partner requirements;
                    (B) container security;
                    (C) physical security and access controls;
                    (D) personnel security;
                    (E) procedural security;
                    (F) security training and threat awareness; and
                    (G) information technology security;
            (3) implement and maintain security measures and supply 
        chain security practices meeting security criteria established 
        by the Commissioner; and
            (4) meet all other requirements established by the 
        Commissioner in consultation with the Commercial Operations 
        Advisory Committee.

SEC. 214. TIER 1 PARTICIPANTS IN C-TPAT.

    (a) Benefits.--The Secretary, acting through the Commissioner, 
shall offer limited benefits to a tier 1 participant who has been 
certified in accordance with the guidelines referred to in subsection 
(b). Such benefits may include a reduction in the score assigned 
pursuant to the Automated Targeting System of not greater than 20 
percent of the high risk threshold established by the Secretary.
    (b) Guidelines.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, acting through the Commissioner, 
shall update the guidelines for certifying a C-TPAT participant's 
security measures and supply chain security practices under this 
section. Such guidelines shall include a background investigation and 
extensive documentation review.
    (c) Time Frame.--To the extent practicable, the Secretary, acting 
through the Commissioner, shall complete the tier 1 certification 
process within 90 days of receipt of an application for participation 
in C-TPAT.

SEC. 215. TIER 2 PARTICIPANTS IN C-TPAT.

    (a) Validation.--The Secretary, acting through the Commissioner, 
shall validate the security measures and supply chain security 
practices of a tier 1 participant in accordance with the guidelines 
referred to in subsection (c). Such validation shall include on-site 
assessments at appropriate foreign locations utilized by the tier 1 
participant in its supply chain and shall, to the extent practicable, 
be completed not later than 1 year after certification as a tier 1 
participant.
    (b) Benefits.--The Secretary, acting through the Commissioner, 
shall extend benefits to each C-TPAT participant that has been 
validated as a tier 2 participant under this section, which may 
include--
            (1) reduced scores in the Automated Targeting System;
            (2) reduced examinations of cargo; and
            (3) priority searches of cargo.
    (c) Guidelines.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, acting through the Commissioner, 
shall develop a schedule and update the guidelines for validating a 
participant's security measures and supply chain security practices 
under this section.

SEC. 216. TIER 3 PARTICIPANTS IN C-TPAT.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall establish a third tier of C-TPAT participation that offers 
additional benefits to participants who demonstrate a sustained 
commitment to maintaining security measures and supply chain security 
practices that exceed the guidelines established for validation as a 
tier 2 participant in C-TPAT under section 215 of this Act.
    (b) Criteria.--The Secretary, acting through the Commissioner, 
shall designate criteria for validating a C-TPAT participant as a tier 
3 participant under this section. Such criteria may include--
            (1) compliance with any additional guidelines established 
        by the Secretary that exceed the guidelines established 
        pursuant to section 215 of this Act for validating a C-TPAT 
        participant as a tier 2 participant, particularly with respect 
        to controls over access to cargo throughout the supply chain;
            (2) voluntary submission of additional information 
        regarding cargo prior to loading, as determined by the 
        Secretary;
            (3) utilization of container security devices and 
        technologies that meet standards and criteria established by 
        the Secretary; and
            (4) compliance with any other cargo requirements 
        established by the Secretary.
    (c) Benefits.--The Secretary, acting through the Commissioner, in 
consultation with the Commercial Operations Advisory Committee and the 
National Maritime Security Advisory Committee, shall extend benefits to 
each C-TPAT participant that has been validated as a tier 3 participant 
under this section, which may include--
            (1) the expedited release of a tier 3 participant's cargo 
        in destination ports within the United States during all threat 
        levels designated by the Secretary;
            (2) in addition to the benefits available to tier 2 
        participants--
                    (A) further reduction in examinations of cargo;
                    (B) priority for examinations of cargo; and
                    (C) further reduction in the risk score assigned 
                pursuant to the Automated Targeting System;
            (3) notification of specific alerts and post-incident 
        procedures to the extent such notification does not compromise 
        the security interests of the United States; and
            (4) inclusion in joint incident management exercises, as 
        appropriate.
    (d) Deadline.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary, acting through the Commissioner, 
shall designate appropriate criteria pursuant to subsection (b) and 
provide benefits to validated tier 3 participants pursuant to 
subsection (c).

SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

    (a) In General.--If at any time a C-TPAT participant's security 
measures and supply chain security practices fail to meet any of the 
requirements under this subtitle, the Commissioner may deny the 
participant benefits otherwise available under this subtitle, in whole 
or in part.
    (b) False or Misleading Information.--If a C-TPAT participant 
knowingly provides false or misleading information to the Commissioner 
during the validation process provided for under this subtitle, the 
Commissioner shall suspend or expel the participant from C-TPAT for an 
appropriate period of time. The Commissioner may publish in the Federal 
Register a list of participants who have been suspended or expelled 
from C-TPAT pursuant to this subsection, and may make such list 
available to C-TPAT participants.
    (c) Right of Appeal.--
            (1) In general.--A C-TPAT participant may appeal a decision 
        of the Commissioner pursuant to subsection (a). Such appeal 
        shall be filed with the Secretary not later than 90 days after 
        the date of the decision, and the Secretary shall issue a 
        determination not later than 180 days after the appeal is 
        filed.
            (2) Appeals of other decisions.--A C-TPAT participant may 
        appeal a decision of the Commissioner pursuant to subsection 
        (b). Such appeal shall be filed with the Secretary not later 
        than 30 days after the date of the decision, and the Secretary 
        shall issue a determination not later than 180 days after the 
        appeal is filed.

SEC. 218. REVALIDATION.

    The Secretary, acting through the Commissioner, shall develop and 
implement--
            (1) a revalidation process for tier 2 and tier 3 
        participants;
            (2) a framework based upon objective criteria for 
        identifying participants for periodic revalidation not less 
        frequently than once during each 5-year period following the 
        initial validation; and
            (3) an annual plan for revalidation that includes--
                    (A) performance measures;
                    (B) an assessment of the personnel needed to 
                perform the revalidations; and
                    (C) the number of participants that will be 
                revalidated during the following year.

SEC. 219. NONCONTAINERIZED CARGO.

    The Secretary, acting through the Commissioner, shall consider the 
potential for participation in C-TPAT by importers of noncontainerized 
cargoes that otherwise meet the requirements under this subtitle.

SEC. 220. C-TPAT PROGRAM MANAGEMENT.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall establish sufficient internal quality controls and record 
management to support the management systems of C-TPAT. In managing the 
program, the Secretary shall ensure that the program includes:
            (1) Strategic plan.--A 5-year plan to identify outcome-
        based goals and performance measures of the program.
            (2) Annual plan.--An annual plan for each fiscal year 
        designed to match available resources to the projected 
        workload.
            (3) Standardized work program.--A standardized work program 
        to be used by agency personnel to carry out the certifications, 
        validations, and revalidations of participants. The Secretary 
        shall keep records and monitor staff hours associated with the 
        completion of each such review.
    (b) Documentation of Reviews.--The Secretary, acting through the 
Commissioner, shall maintain a record management system to document 
determinations on the reviews of each C-TPAT participant, including 
certifications, validations, and revalidations.
    (c) Confidential Information Safeguards.--In consultation with the 
Commercial Operations Advisory Committee, the Secretary, acting through 
the Commissioner, shall develop and implement procedures to ensure the 
protection of confidential data collected, stored, or shared with 
government agencies or as part of the application, certification, 
validation, and revalidation processes.

SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.

    The Secretary, acting through the Commissioner, shall--
            (1) develop a staffing plan to recruit and train staff 
        (including a formalized training program) to meet the 
        objectives identified in the strategic plan of the C-TPAT 
        program; and
            (2) provide cross-training in post-incident trade 
        resumption for personnel who administer the C-TPAT program.

SEC. 222. ADDITIONAL PERSONNEL.

    In each of the fiscal years 2007 through 2009, the Commissioner 
shall increase by not less than 50 the number of full-time personnel 
engaged in the validation and revalidation of C-TPAT participants (over 
the number of such personnel on the last day of the previous fiscal 
year), and shall provide appropriate training and support to such 
additional personnel.

SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

    (a) C-TPAT.--There are authorized to be appropriated to the United 
States Customs and Border Protection in the Department of Homeland 
Security to carry out the provisions of sections 211 through 221 to 
remain available until expended--
            (1) $65,000,000 for fiscal year 2008;
            (2) $72,000,000 for fiscal year 2009; and
            (3) $75,600,000 for fiscal year 2010.
    (b) Additional Personnel.--In addition to any monies hereafter 
appropriated to the United States Customs and Border Protection in the 
Department of Homeland Security, there are authorized to be 
appropriated for the purpose of meeting the staffing requirement 
provided for in section 222, to remain available until expended--
            (1) $8,500,000 for fiscal year 2007;
            (2) $17,600,000 for fiscal year 2008;
            (3) $27,300,000 for fiscal year 2009;
            (4) $28,300,000 for fiscal year 2010; and
            (5) $29,200,000 for fiscal year 2011.

SEC. 224. REPORT TO CONGRESS.

    In connection with the President's annual budget submission for the 
Department of Homeland Security, the Secretary shall report to the 
appropriate congressional committees on the progress made by the 
Commissioner to certify, validate, and revalidate C-TPAT participants. 
Such report shall be due on the same date that the President's budget 
is submitted to the Congress.

                  Subtitle C--Miscellaneous Provisions

SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

    (a) Designations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall designate 3 foreign seaports 
through which containers pass or are transshipped to the United States 
for the establishment of pilot integrated scanning systems that couple 
nonintrusive imaging equipment and radiation detection equipment. In 
making the designations under this paragraph, the Secretary shall 
consider 3 distinct ports with unique features and differing levels of 
trade volume.
    (b) Collaboration and Cooperation.--
            (1) In general.--The Secretary shall collaborate with the 
        Secretary of Energy and cooperate with the private sector and 
        the foreign government of each country in which a foreign 
        seaport is designated pursuant to subsection (a) to implement 
        the pilot systems.
            (2) Coordination.--The Secretary shall coordinate with the 
        Secretary of Energy to--
                    (A) provide radiation detection equipment required 
                to support the pilot-integrated scanning system 
                established pursuant to subsection (a) through the 
                Department of Energy's Second Line of Defense and 
                Megaports programs; or
                    (B) work with the private sector to obtain 
                radiation detection equipment that meets both the 
                Department's and the Department of Energy's technical 
                specifications for such equipment.
    (c) Implementation.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall achieve a full-scale 
implementation of the pilot integrated screening system, which shall--
            (1) scan all containers destined for the United States that 
        transit through the port;
            (2) electronically transmit the images and information to 
        the container security initiative personnel in the host country 
        and customs personnel in the United States for evaluation and 
        analysis;
            (3) resolve every radiation alarm according to established 
        Department procedures;
            (4) utilize the information collected to enhance the 
        Automated Targeting System or other relevant programs; and
            (5) store the information for later retrieval and analysis.
    (d) Report.--Not later than 120 days after achieving full-scale 
implementation under subsection (c), the Secretary, in consultation 
with the Secretary of Energy and the Secretary of State, shall submit a 
report to the appropriate congressional committees, that includes--
            (1) an evaluation of the lessons derived from the pilot 
        system implemented under this subsection;
            (2) an analysis of the efficacy of the Automated Targeting 
        System or other relevant programs in utilizing the images 
        captured to examine high-risk containers;
            (3) an evaluation of software that is capable of 
        automatically identifying potential anomalies in scanned 
        containers;
            (4) an analysis of the need and feasibility of expanding 
        the integrated scanning system to other container security 
        initiative ports, including--
                    (A) an analysis of the infrastructure requirements;
                    (B) a projection of the effect on current average 
                processing speed of containerized cargo;
                    (C) an evaluation of the scalability of the system 
                to meet both current and future forecasted trade flows;
                    (D) the ability of the system to automatically 
                maintain and catalog appropriate data for reference and 
                analysis in the event of a transportation disruption;
                    (E) an analysis of requirements to install and 
                maintain an integrated scanning system;
                    (F) the ability of administering personnel to 
                efficiently manage and utilize the data produced by a 
                non-intrusive scanning system;
                    (G) the ability to safeguard commercial data 
                generated by, or submitted to, a non-intrusive scanning 
                system; and
                    (H) an assessment of the reliability of currently 
                available technology to implement an integrated 
                scanning system.
    (e) Implementation.--As soon as practicable and possible after the 
date of enactment of this Act, an integrated scanning system shall be 
implemented to scan all containers entering the United States prior to 
arrival in the United States.

SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.

    (a) Inspection Technology and Training.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of State, the Secretary of Energy, and appropriate 
        representatives of other Federal agencies, may provide 
        technical assistance, equipment, and training to facilitate the 
        implementation of supply chain security measures at ports 
        designated under the Container Security Initiative and at other 
        foreign ports, as appropriate.
            (2) Acquisition and training.--Unless otherwise prohibited 
        by law, the Secretary may--
                    (A) lease, loan, provide, or otherwise assist in 
                the deployment of nonintrusive inspection and handheld 
                radiation detection equipment at foreign land and sea 
                ports under such terms and conditions as the Secretary 
                prescribes, including nonreimbursable loans or the 
                transfer of ownership of equipment; and
                    (B) provide training and technical assistance for 
                domestic or foreign personnel responsible for operating 
                or maintaining such equipment.
    (b) Actions and Assistance for Foreign Ports.--Section 70110 of 
title 46, United States Code, is amended--
            (1) by striking the section header and inserting the 
        following:
``Sec. 70110. Actions and assistance for foreign ports''
; and
            (2) by adding at the end the following:
    ``(e) Assistance for Foreign Ports.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of State, and the 
        Secretary of Energy, shall identify foreign assistance programs 
        that could facilitate implementation of port security 
        antiterrorism measures in foreign countries. The Secretary 
        shall establish a program to utilize the programs that are 
        capable of implementing port security antiterrorism measures at 
        ports in foreign countries that the Secretary finds, under 
        section 70108, to lack effective antiterrorism measures.
            ``(2) Caribbean basin.--The Secretary, in coordination with 
        the Secretary of State and in consultation with the 
        Organization of American States and the Commandant of the Coast 
        Guard, shall place particular emphasis on utilizing programs to 
        facilitate the implementation of port security antiterrorism 
        measures at the ports located in the Caribbean Basin, as such 
        ports pose unique security and safety threats to the United 
        States due to--
                    ``(A) the strategic location of such ports between 
                South America and the United States;
                    ``(B) the relative openness of such ports; and
                    ``(C) the significant number of shipments of 
                narcotics to the United States that are moved through 
                such ports.''.
    (c) Report on Security at Ports in the Caribbean Basin.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit a report to the appropriate 
        congressional committees on the security of ports in the 
        Caribbean Basin.
            (2) Contents.--The report submitted under paragraph (1)--
                    (A) shall include--
                            (i) an assessment of the effectiveness of 
                        the measures employed to improve security at 
                        ports in the Caribbean Basin and 
                        recommendations for any additional measures to 
                        improve such security;
                            (ii) an estimate of the number of ports in 
                        the Caribbean Basin that will not be secured by 
                        January 1, 2007;
                            (iii) an estimate of the financial impact 
                        in the United States of any action taken 
                        pursuant to section 70110 of title 46, United 
                        States Code, that affects trade between such 
                        ports and the United States; and
                            (iv) an assessment of the additional 
                        resources and program changes that are 
                        necessary to maximize security at ports in the 
                        Caribbean Basin; and
                    (B) may be submitted in both classified and 
                redacted formats.
    (d) Clerical Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by striking the item relating 
to section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports.''.

SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.

    (a) 100 Percent Screening of Cargo Containers and 100 Percent 
Scanning of High-Risk Containers.--
            (1) Screening of cargo containers.--The Secretary shall 
        ensure that 100 percent of the cargo containers entering the 
        United States through a seaport undergo a screening to identify 
        high-risk containers.
            (2) Scanning of high-risk containers.--The Secretary shall 
        ensure that 100 percent of the containers that have been 
        identified as high-risk are scanned before such containers 
        leave a United States seaport facility.
    (b) Full-Scale Implementation.--The Secretary, in coordination with 
the Secretary of Energy and foreign partners, shall fully deploy 
integrated scanning systems to scan all containers entering the United 
States before such containers arrive in the United States as soon as 
the Secretary determines that the integrated scanning system--
            (1) meets the requirements set forth in section 231(c);
            (2) has a sufficiently low false alarm rate for use in the 
        supply chain;
            (3) is capable of being deployed and operated at ports 
        overseas;
            (4) is capable of integrating, as necessary, with existing 
        systems;
            (5) does not significantly impact trade capacity and flow 
        of cargo at foreign or United States ports; and
            (6) provides an automated notification of questionable or 
        high-risk cargo as a trigger for further inspection by 
        appropriately trained personnel.
    (c) Report.--Not later than 6 months after the submission of a 
report under section 231(d), and every 6 months thereafter, the 
Secretary shall submit a report to the appropriate congressional 
committees describing the status of full-scale deployment under 
subsection (b) and the cost of deploying the system at each foreign 
port.

SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.

    (a) Finding.--Congress finds that the Coast Guard, with existing 
resources, is able to inspect foreign countries no more frequently than 
on a 4 to 5 year cycle.
    (b) In General.--
            (1) Resources to complete initial inspections and 
        validation.--The Commandant of the Coast Guard shall increase 
        the resources dedicated to the International Port Inspection 
        Program and complete inspection of all foreign countries that 
        trade with the United States, including the validation of 
        compliance of such countries with the International Ship and 
        Port Facility Security Code, not later than December 31, 2008. 
        If the Commandant of the Coast Guard is unable to meet this 
        objective, the Commandant of the Coast Guard shall report to 
        Congress on the resources needed to meet the objective.
            (2) Reinspection and validation.--The Commandant of the 
        Coast Guard shall maintain the personnel and resources 
        necessary to maintain a schedule of re-inspection of foreign 
        countries every 2 years under the International Port Inspection 
        Program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Coast Guard such sums as are necessary to carry out 
the provisions of this section, subject to the availability of 
appropriations.

SEC. 235. CARGO SCREENING.

    (a) Radiation Risk Reduction.--
            (1) Safety protocols.--Immediately upon passage of this 
        Act, 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.

                       TITLE III--ADMINISTRATION

SEC. 301. OFFICE OF CARGO SECURITY POLICY.

    (a) Establishment.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following:

``SEC. 431. OFFICE OF CARGO SECURITY POLICY.

    ``(a) Establishment.--There is established within the Department an 
Office of Cargo Security Policy (referred to in this section as the 
`Office').
    ``(b) Purpose.--The Office shall--
            ``(1) coordinate all Department policies relating to cargo 
        security; and
            ``(2) consult with stakeholders and coordinate with other 
        Federal agencies in the establishment of standards and 
        regulations and to promote best practices.
    ``(c) Director.--
            ``(1) Appointment.--The Office shall be headed by a 
        Director, who shall--
                    ``(A) be appointed by the Secretary; and
                    ``(B) report to the Assistant Secretary for Policy.
            ``(2) Responsibilities.--The Director shall--
                    ``(A) advise the Assistant Secretary for Policy in 
                the development of Department-wide policies regarding 
                cargo security;
                    ``(B) coordinate all policies relating to cargo 
                security among the agencies and offices within the 
                Department relating to cargo security; and
                    ``(C) coordinate the cargo security policies of the 
                Department with the policies of other executive 
                agencies.''.
    (b) Designation of Liaison Office of Department of State.--The 
Secretary of State shall designate a liaison office within the 
Department of State to assist the Secretary, as appropriate, in 
negotiating cargo security related international agreements.
    (c) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 
after the item relating to section 430 the following:

``Sec. 431. Office of cargo security policy.''.

SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND TECHNOLOGY 
              ADVISORY COMMITTEE.

    (a) In General.--Section 311(j) of the Homeland Security Act of 
2002 (6 U.S.C. 191(j)) is amended by striking ``3 years after the 
effective date of this Act'' and inserting ``on December 31, 2008''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if enacted on the date of the enactment of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.).
    (c) Advisory Committee.--The Assistant Secretary for Science and 
Technology shall utilize the Homeland Security Science and Technology 
Advisory Committee, as appropriate, to provide outside expertise in 
advancing cargo security technology.

SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION EFFORTS IN 
              FURTHERANCE OF MARITIME AND CARGO SECURITY.

    (a) In General.--The Secretary shall--
            (1) direct research, development, test, and evaluation 
        efforts in furtherance of maritime and cargo security;
            (2) coordinate with public and private sector entities to 
        develop and test technologies and process innovations in 
        furtherance of these objectives; and
            (3) evaluate such technologies.
    (b) Coordination.--The Secretary, in coordination with the Under 
Secretary for Science and Technology, the Assistant Secretary for 
Policy, the Chief Financial Officer, and the heads of other appropriate 
offices or entities of the Department, shall ensure that--
            (1) research, development, test, and evaluation efforts 
        funded by the Department in furtherance of maritime and cargo 
        security are coordinated within the Department and with other 
        appropriate Federal agencies to avoid duplication of efforts; 
        and
            (2) the results of such efforts are shared throughout the 
        Department and with other Federal, State, and local agencies, 
        as appropriate.

SEC. 304. COBRA FEES.

    (a) Extension of Fees.--Subparagraphs (A) and (B)(i) of section 
13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(j)(3)(A) and (B)(i)) are amended by striking 
``2014'' each place it appears and inserting ``2015''.

SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary, acting through the 
        Under Secretary for Science and Technology, shall establish a 
        competitive research program within the Directorate.
            ``(2) Director.--The program shall be headed by a Director, 
        who shall be appointed by the Secretary. The Director shall 
        report to the Under Secretary.
            ``(3) Duties of Director.--In the administration of the 
        program, the Director shall--
                    ``(A) establish a cofunding mechanism for States 
                with academic facilities that have not fully developed 
                security-related science and technology to support 
                burgeoning research efforts by the faculty or link them 
                to established investigators;
                    ``(B) provide for conferences, workshops, outreach, 
                and technical assistance to researchers and 
                institutions of higher education in States on topics 
                related to developing science and technology expertise 
                in areas of high interest and relevance to the 
                Department;
                    ``(C) monitor the efforts of States to develop 
                programs that support the Department's mission;
                    ``(D) implement a merit review program, consistent 
                with program objectives, to ensure the quality of 
                research conducted with Program funding; and
                    ``(E) provide annual reports on the progress and 
                achievements of the Program to the Secretary.
    ``(b) Assistance Under the Program.--
            ``(1) Scope.--The Director shall provide assistance under 
        the program for research and development projects that are 
        related to, or qualify as, homeland security research (as 
        defined in section 307(a)(2)) under the program.
            ``(2) Form of assistance.--Assistance under the program can 
        take the form of grants, contracts, or cooperative 
        arrangements.
            ``(3) Applications.--Applicants shall submit proposals or 
        applications in such form, at such times, and containing such 
        information as the Director may require.
    ``(c) Implementation.--
            ``(1) Start-up phases.--For the first 3 fiscal years 
        beginning after the date of enactment of the Border 
        Infrastructure and Technology Integration Act of 2004, 
        assistance under the program shall be limited to institutions 
        of higher education located in States in which an institution 
        of higher education with a grant from, or a contract or 
        cooperative agreement with, the National Science Foundation 
        under section 113 of the National Science Foundation Act of 
        1988 (42 U.S.C. 1862) is located.
            ``(2) Subsequent fiscal years.--
                    ``(A) In general.--Beginning with the 4th fiscal 
                year after the date of enactment of this Act, the 
                Director shall rank order the States (excluding any 
                noncontiguous State (as defined in section 2(14)) other 
                than Alaska, Hawaii, the Commonwealth of Puerto Rico, 
                and the Virgin Islands) in descending order in terms of 
                the average amount of funds received by institutions of 
                higher education (as that term is defined in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)) in each State that received financial 
                assistance in the form of grants, contracts, or 
                cooperative arrangements under this title during each 
                of the preceding 3 fiscal years.
                    ``(B) Allocation.--Beginning with the 4th fiscal 
                year after the date of enactment of this Act, 
                assistance under the program for any fiscal year is 
                limited to institutions of higher education located in 
                States in the lowest third of those ranked under 
                subparagraph (A) for that fiscal year.
                    ``(C) Determination of location.--For purposes of 
                this paragraph, an institution of higher education 
                shall be considered to be located in the State in which 
                its home campus is located, except that assistance 
                provided under the program to a division, institute, or 
                other facility located in another State for use in that 
                State shall be considered to have been provided to an 
                institution of higher education located in that other 
                State.
                    ``(D) Multiyear assistance.--For purposes of this 
                paragraph, assistance under the program that is 
                provided on a multi-year basis shall be counted as 
                provided in each such year in the amount so provided 
                for that year.
    ``(d) Funding.--The Secretary shall ensure, subject to the 
availability of appropriations, that up to 5 percent of the amount 
appropriated for each fiscal year to the Acceleration Fund for Research 
and Development of Homeland Security Technologies established by 
section 307(c)(1) is allocated to the program established by subsection 
(a).
    ``(e) Report.--The Secretary shall submit an annual report to the 
appropriate congressional committees detailing the funds expended for 
the Acceleration Fund for Research and Development of Homeland Security 
Technologies established by section 307(c)(1).''.
    (b) Conforming Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 313 the following:

``Sec. 314. Competitive research program.''.

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

SEC. 401. OFFICE OF INTERNATIONAL TRADE.

    Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
19 U.S.C. 2072), is amended by adding at the end the following:
    ``(d) Office of International Trade.--
            ``(1) Establishment.--There is established within the 
        United States Customs and Border Protection an Office of 
        International Trade that shall be headed by an Assistant 
        Commissioner.
            ``(2) Transfer of assets, functions, and personnel; 
        elimination of offices.--
                    ``(A) Office of strategic trade.--Not later than 90 
                days after the date of the enactment of the Port 
                Security Improvement Act of 2006, the Commissioner 
                shall transfer the assets, functions, and personnel of 
                the Office of Strategic Trade to the Office of 
                International Trade established pursuant to paragraph 
                (1) and the Office of Strategic Trade shall be 
                abolished.
                    ``(B) Office of regulations and rulings.--Not later 
                than 90 days after the date of the enactment of the 
                Port Security Improvement Act of 2006, the Commissioner 
                shall transfer the assets, functions, and personnel of 
                the Office of Regulations and Rulings to the Office of 
                International Trade established pursuant to paragraph 
                (1) and the Office of Regulations and Rulings shall be 
                abolished.
                    ``(C) Other transfers.--The Commissioner is 
                authorized to transfer any other assets, functions, or 
                personnel within the United States Customs and Border 
                Protection to the Office of International Trade 
                established pursuant to paragraph (1). Not later than 
                30 days after each such transfer, the Commissioner 
                shall notify the Committee on Appropriations, the 
                Committee on Finance, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Appropriations, the Committee on Homeland 
                Security, and the Committee on Ways and Means of the 
                House of Representatives of the specific assets, 
                functions, or personnel, that were transferred, and the 
                reason for such transfer.
    ``(e) International Trade Policy Committee.--
            ``(1) Establishment.--The Commissioner shall establish an 
        International Trade Policy Committee, to be chaired by the 
        Commissioner, and to include the Deputy Commissioner, the 
        Assistant Commissioner in the Office of Field Operations, the 
        Assistant Commissioner in the Office of International Affairs, 
        the Assistant Commissioner in the Office of International 
        Trade, and the Director of the Office of Trade Relations.
            ``(2) Responsibilities.--The International Trade Policy 
        Committee shall--
                    ``(A) be responsible for advising the Commissioner 
                with respect to the commercial customs and trade 
                facilitation functions of the United States Customs and 
                Border Protection; and
                    ``(B) assist the Commissioner in coordinating with 
                the Assistant Secretary for Policy regarding commercial 
                customs and trade facilitation functions.
            ``(3) Annual report.--Not later than 30 days after the end 
        of each fiscal year, the International Trade Policy Committee 
        shall submit a report to the Committee on Finance of the Senate 
        and the Committee on Ways and Means of the House of 
        Representatives. The report shall--
                    ``(A) detail the activities of the International 
                Trade Policy Committee during the preceding fiscal 
                year; and
                    ``(B) identify the priorities of the International 
                Trade Policy Committee for the fiscal year in which the 
                report is filed.
    ``(f) International Trade Finance Committee.--
            ``(1) Establishment.--The Commissioner shall establish an 
        International Trade Finance Committee, to be chaired by the 
        Commissioner, and to include the Deputy Commissioner, the 
        Assistant Commissioner in the Office of Finance, the Assistant 
        Commissioner in the Office of International Trade, and the 
        Director of the Office of Trade Relations.
            ``(2) Responsibilities.--The Trade Finance Committee shall 
        be responsible for overseeing the operation of all programs and 
        systems that are involved in the assessment and collection of 
        duties, bonds, and other charges or penalties associated with 
        the entry of cargo into the United States, or the export of 
        cargo from the United States, including the administration of 
        duty drawback and the collection of antidumping and 
        countervailing duties.
            ``(3) Annual report.--Not later than 30 days after the end 
        of each fiscal year, the Trade Finance Committee shall submit a 
        report to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of Representatives. 
        The report shall--
                    ``(A) detail the activities and findings of the 
                Trade Finance Committee during the preceding fiscal 
                year; and
                    ``(B) identify the priorities of the Trade Finance 
                Committee for the fiscal year in which the report is 
                filed.
    ``(g) Definition.--In this section, the term `Commissioner' means 
the Commissioner responsible for the United States Customs and Border 
Protection in the Department of Homeland Security.''.

SEC. 402. RESOURCES.

    Section 301 of the Customs Procedural Reform and Simplification Act 
of 1978 (19 U.S.C. 2075) is amended by adding at the end the following:
    ``(h) Resource Allocation Model.--
            ``(1) Resource allocation model.--Not later than June 30, 
        2007, and every 2 years thereafter, the Commissioner shall 
        prepare and submit to the Committee on Finance of the Senate 
        and the Committee on Ways and Means of the House of 
        Representatives a Resource Allocation Model to determine the 
        optimal staffing levels required to carry out the commercial 
        operations of United States Customs and Border Protection, 
        including commercial inspection and release of cargo and the 
        revenue functions described in section 412(b)(2) of the 
        Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). The model 
        shall comply with the requirements of section 412(b)(1) of such 
        Act and shall take into account previous staffing models and 
        historic and projected trade volumes and trends. The Resource 
        Allocation Model shall apply both risk-based and random 
        sampling approaches for determining adequate staffing needs for 
        priority trade functions, including--
                    ``(A) performing revenue functions;
                    ``(B) enforcing antidumping and countervailing 
                laws;
                    ``(C) protecting intellectual property rights;
                    ``(D) enforcing provisions of law relating to trade 
                in textiles and apparel;
                    ``(E) conducting agricultural inspections;
                    ``(F) enforcing fines, penalties and forfeitures; 
                and
                    ``(G) facilitating trade.
            ``(2) Personnel.--
                    ``(A) In general.--Not later than September 30, 
                2007, the Commissioner shall ensure that the 
                requirements of section 412(b) of the Homeland Security 
                Act of 2002 (6 U.S.C. 212(b)) are fully satisfied and 
                shall report to the Committee on Finance of the Senate 
                and the Committee on Ways and Means of the House of 
                Representatives regarding the implementation of this 
                subparagraph.
                    ``(B) Customs and border protection officers.--The 
                initial Resource Allocation Model required pursuant to 
                paragraph (1) shall provide for the hiring of a minimum 
                of 1000 additional Customs and Border Protection 
                Officers. The Commissioner shall hire such additional 
                officers, subject to the appropriation of funds to pay 
                for the salaries and expenses of such officers, of 
                which the Commissioner shall assign--
                            ``(i) 1 additional officer at each port of 
                        entry in the United States; and
                            ``(ii) the balance of the additional 
                        officers authorized by this subsection among 
                        ports of entry in the United States.
                    ``(C) Assignment.--In assigning such officers 
                pursuant to subparagraph (B), the Commissioner shall 
                consider the volume of trade and the incidence of 
                nonvoluntarily disclosed customs and trade law 
                violations in addition to security priorities among 
                such ports of entry.
                    ``(D) Redistribution.--Not later than September 30, 
                2008, the Director of Field Operations in each Field 
                Office may, at the request of the Director of a Service 
                Port reporting to such Field Office, direct the 
                redistribution of the additional personnel provided for 
                pursuant to subparagraph (B) among the ports of entry 
                reporting to such Field Office. The Commissioner shall 
                promptly report any redistribution of personnel 
                pursuant to subparagraph (B) to the Committee on 
                Homeland Security and Governmental Affairs and 
                Committee on Finance of the Senate, and the Committee 
                on Homeland Security and Committee on Ways and Means of 
                the House of Representatives.
            ``(3) Authorization of appropriations.--In addition to any 
        monies hereafter appropriated to United States Customs and 
        Border Protection in the Department of Homeland Security, there 
        are authorized to be appropriated for the purpose of meeting 
        the requirements of paragraph (2)(B), to remain available until 
        expended--
                    ``(A) $130,000,000 for fiscal year 2008.
                    ``(B) $239,200,000 for fiscal year 2009.
                    ``(C) $248,800,000 for fiscal year 2010.
                    ``(D) $258,700,000 for fiscal year 2011.
                    ``(E) $269,000,000 for fiscal year 2012.
            ``(4) Report.--Not later than 30 days after the end of each 
        fiscal year, the Commissioner shall report to the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives on the resources directed to 
        commercial and trade facilitation functions within the Office 
        of Field Operations for the preceding fiscal year. Such 
        information shall be reported for each category of personnel 
        within the Office of Field Operations.
            ``(5) Regulations to implement trade agreements.--Not later 
        than 30 days after the date of the enactment of the Port 
        Security Improvement Act of 2006, the Commissioner shall 
        designate and maintain not less than 5 attorneys within the 
        Office of International Trade established pursuant to section 2 
        of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 
        U.S.C. 2072) with primary responsibility for the prompt 
        development and promulgation of regulations necessary to 
        implement any trade agreement entered into by the United 
        States.
            ``(6) Definition.--As used in this subsection, the term 
        `Commissioner' means the Commissioner responsible for United 
        States Customs and Border Protection in the Department of 
        Homeland Security.''.

SEC. 403. NEGOTIATIONS.

    Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended 
by adding at the end the following:
    ``(h) Customs Procedures and Commitments.--
            ``(1) In general.--The Secretary of Homeland Security, the 
        United States Trade Representative, and other appropriate 
        Federal officials, shall work through appropriate international 
        organizations including the World Customs Organization (WCO), 
        the World Trade Organization (WTO), the International Maritime 
        Organization, and the Asia-Pacific Economic Cooperation, to 
        align, to the extent practicable, customs procedures, 
        standards, requirements, and commitments in order to facilitate 
        the efficient flow of international trade.
            ``(2) United states trade representative.--
                    ``(A) In general.--The United States Trade 
                Representative shall seek commitments in negotiations 
                in the WTO regarding the articles of GATT 1994 that are 
                described in subparagraph (B) that make progress in 
                achieving--
                            ``(i) harmonization of import and export 
                        data collected by WTO members for customs 
                        purposes, to the extent practicable;
                            ``(ii) enhanced procedural fairness and 
                        transparency with respect to the regulation of 
                        imports and exports by WTO members;
                            ``(iii) transparent standards for the 
                        efficient release of cargo by WTO members, to 
                        the extent practicable; and
                            ``(iv) the protection of confidential 
                        commercial data.
                    ``(B) Articles described.--The articles of the GATT 
                1994 described in this subparagraph are the following:
                            ``(i) Article V (relating to transit).
                            ``(ii) Article VIII (relating to fees and 
                        formalities associated with importation and 
                        exportation).
                            ``(iii) Article X (relating to publication 
                        and administration of trade regulations).
                    ``(C) GATT 1994.--The term `GATT 1994' means the 
                General Agreement on Tariff and Trade annexed to the 
                WTO Agreement.
            ``(3) Customs.--The Secretary of Homeland Security, acting 
        through the Commissioner and in consultation with the United 
        States Trade Representative, shall work with the WCO to 
        facilitate the efficient flow of international trade, taking 
        into account existing international agreements and the 
        negotiating objectives of the WTO. The Commissioner shall work 
        to--
                    ``(A) harmonize, to the extent practicable, import 
                data collected by WCO members for customs purposes;
                    ``(B) automate and harmonize, to the extent 
                practicable, the collection and storage of commercial 
                data by WCO members;
                    ``(C) develop, to the extent practicable, 
                transparent standards for the release of cargo by WCO 
                members;
                    ``(D) develop and harmonize, to the extent 
                practicable, standards, technologies, and protocols for 
                physical or nonintrusive examinations that will 
                facilitate the efficient flow of international trade; 
                and
                    ``(E) ensure the protection of confidential 
                commercial data.
            ``(4) Definition.--In this subsection, the term 
        `Commissioner' means the Commissioner responsible for the 
        United States Customs and Border Protection in the Department 
        of Homeland Security.''.

SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.

    Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is amended 
by adding at the end the following:
    ``(d) International Trade Data System.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary of the Treasury 
                (in this section, referred to as the `Secretary') shall 
                oversee the establishment of an electronic trade data 
                interchange system to be known as the `International 
                Trade Data System' (ITDS). The ITDS shall be 
                implemented not later than the date that the Automated 
                Commercial Environment (commonly referred to as `ACE') 
                is implemented.
                    ``(B) Purpose.--The purpose of the ITDS is to 
                eliminate redundant information requirements, to 
                efficiently regulate the flow of commerce, and to 
                effectively enforce laws and regulations relating to 
                international trade, by establishing a single portal 
                system, operated by the United States Customs and 
                Border Protection, for the collection and distribution 
                of standard electronic import and export data required 
                by all participating Federal agencies.
                    ``(C) Participation.--
                            ``(i) In general.--All Federal agencies 
                        that require documentation for clearing or 
                        licensing the importation and exportation of 
                        cargo shall participate in the ITDS.
                            ``(ii) Waiver.--The Director of the Office 
                        of Management and Budget may waive, in whole or 
                        in part, the requirement for participation for 
                        any Federal agency based on the national 
                        security interests of the United States.
                    ``(D) Consultation.--The Secretary shall consult 
                with and assist agencies in the transition from paper 
                to electronic format for the submission, issuance, and 
                storage of documents relating to data required to enter 
                cargo into the United States.
            ``(2) Data elements.--
                    ``(A) In general.--The Interagency Steering 
                Committee (established under paragraph (3)) shall, in 
                consultation with the agencies participating in the 
                ITDS, define the standard set of data elements to be 
                collected, stored, and shared in the ITDS. The 
                Interagency Steering Committee shall periodically 
                review the data elements in order to update the 
                standard set of data elements, as necessary.
                    ``(B) Commitments and obligations.--The Interagency 
                Steering Committee shall ensure that the ITDS data 
                requirements are compatible with the commitments and 
                obligations of the United States as a member of the 
                World Customs Organization (WCO) and the World Trade 
                Organization (WTO) for the entry and movement of cargo.
                    ``(C) Coordination.--The Secretary shall be 
                responsible for coordinating operation of the ITDS 
                among the participating agencies and the office within 
                the United States Customs and Border Protection that is 
                responsible for maintaining the ITDS.
            ``(3) Interagency steering committee.--There is established 
        an Interagency Steering Committee (in this section, referred to 
        as the `Committee'). The members of the Committee shall include 
        the Secretary (who shall serve as the chairperson of the 
        Committee), the Director of the Office of Management and 
        Budget, and the head of each agency participating in the ITDS. 
        The Committee shall assist the Secretary in overseeing the 
        implementation of, and participation in, the ITDS.
            ``(4) Report.--The Committee shall submit a report before 
        the end of each fiscal year to the Committee on Finance of the 
        Senate and the Committee on Ways and Means of the House of 
        Representatives. Each report shall include information on--
                    ``(A) the status of the ITDS implementation;
                    ``(B) the extent of participation in the ITDS by 
                Federal agencies;
                    ``(C) the remaining barriers to any agency's 
                participation;
                    ``(D) the consistency of the ITDS with applicable 
                standards established by the World Customs Organization 
                and the World Trade Organization;
                    ``(E) recommendations for technological and other 
                improvements to the ITDS; and
                    ``(F) the status of the development, 
                implementation, and management of the Automated 
                Commercial Environment within the United States Customs 
                and Border Protection.''.

SEC. 405. IN-BOND CARGO.

    Title IV of the Tariff Act of 1930 is amended by inserting after 
section 553 the following:

``SEC. 553A. REPORT ON IN-BOND CARGO.

    ``(a) Report.--Not later than June 30, 2007, the Commissioner shall 
submit a report to the Committees on Commerce, Science, and 
Transportation, Finance, and Homeland Security and Governmental Affairs 
of the Senate and the Committees on Homeland Security, Transportation 
and Infrastructure, and Ways and Means of the House of Representatives 
that includes--
            ``(1) a plan for closing in-bond entries at the port of 
        arrival;
            ``(2) an assessment of the personnel required to ensure 100 
        percent reconciliation of in-bond entries between the port of 
        arrival and the port of destination or exportation;
            ``(3) an assessment of the status of investigations of 
        overdue in-bond shipments and an evaluation of the resources 
        required to ensure adequate investigation of overdue in-bond 
        shipments;
            ``(4) a plan for tracking in-bond cargo within the 
        Automated Commercial Environment (ACE);
            ``(5) an assessment of whether any particular technologies 
        should be required in the transport of in-bond cargo;
            ``(6) an assessment of whether ports of arrival should 
        require any additional information regarding shipments of in-
        bond cargo;
            ``(7) an evaluation of the criteria for targeting and 
        examining in-bond cargo; and
            ``(8) an assessment of the feasibility of reducing the 
        transit time for in-bond shipments, including an assessment of 
        the impact of such a change on domestic and international 
        trade.
    ``(b) Definition.--The term `Commissioner' means the Commissioner 
responsible for the United States Customs and Border Protection in the 
Department of Homeland Security.''.

SEC. 406. SENSE OF THE SENATE.

    It is the sense of the Senate that nothing in sections 2, 106, 111 
through 113, and 201 through 232 of this Act shall be construed to 
affect the jurisdiction of any Standing Committee of the Senate.

SEC. 407. FOREIGN OWNERSHIP OF PORTS.

    (a) In General.--On and after the date of the enactment of this 
Act, the United States Trade Representative may not negotiate any 
bilateral or multilateral trade agreement that limits the Congress in 
its ability to restrict the operations or ownership of United States 
ports by a foreign country or person.
    (b) Operations and Ownership.--For purposes of this section, the 
term ``operations and ownership'' includes--
            (1) operating and maintaining docks;
            (2) loading and unloading vessels directly to or from land;
            (3) handling marine cargo;
            (4) operating and maintaining piers;
            (5) ship cleaning;
            (6) stevedoring;
            (7) transferring cargo between vessels and trucks, trains, 
        pipelines, and wharves; and
            (8) waterfront terminal operations.

                   TITLE V--RAIL SECURITY ACT OF 2006

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Rail Security Act of 2006''.

SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability assessment.--The Under Secretary of 
        Homeland Security for Border and Transportation Security 
        (referred to in this title as the ``Under Secretary''), in 
        consultation with the Secretary of Transportation, shall 
        conduct a vulnerability assessment of freight and passenger 
        rail transportation (encompassing railroads, as that term is 
        defined in section 20102(1) of title 49, United States Code), 
        which shall include--
                    (A) identification and evaluation of critical 
                assets and infrastructures;
                    (B) identification of threats to those assets and 
                infrastructures;
                    (C) identification of vulnerabilities that are 
                specific to the transportation of hazardous materials 
                via railroad; and
                    (D) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment.
            (2) Existing private and public sector efforts.--The 
        assessment conducted under this subsection shall take into 
        account actions taken or planned by both public and private 
        entities to address identified security issues and assess the 
        effective integration of such actions.
            (3) Recommendations.--Based on the assessment conducted 
        under this subsection, the Under Secretary, in consultation 
        with the Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Under Secretary has for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Under 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
                service;
                    (B) deploying equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training employees in terrorism prevention, 
                passenger evacuation, and response activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads;
                    (E) deploying surveillance equipment; and
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Under Secretary shall 
consult with rail management, rail labor, owners or lessors of rail 
cars used to transport hazardous materials, first responders, shippers 
of hazardous materials, public safety officials (including those within 
other agencies and offices within the Department of Homeland Security), 
and other relevant parties.
    (c) Report.--
            (1) Contents.--Not later than 180 days after the date of 
        the enactment of this Act, the Under Secretary shall submit to 
        the Committee on Commerce, Science, and Transportation and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report that contains--
                    (A) the assessment and prioritized recommendations 
                required by subsection (a) and an estimate of the cost 
                to implement such recommendations;
                    (B) a plan, developed in consultation with the 
                freight and intercity passenger railroads, and State 
                and local governments, for the government to provide 
                increased security support at high or severe threat 
                levels of alert; and
                    (C) a plan for coordinating rail security 
                initiatives undertaken by the public and private 
                sectors.
            (2) Format.--The Under Secretary may submit the report in 
        both classified and redacted formats if the Under Secretary 
        determines that such action is appropriate or necessary.
    (d) 2-Year Updates.--The Under Secretary, in consultation with the 
Secretary of Transportation, shall update the assessment and 
recommendations every 2 years and transmit a report, which may be 
submitted in both classified and redacted formats, to the Committees 
named in subsection (c)(1), containing the updated assessment and 
recommendations.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary $5,000,000 for fiscal year 2007 to 
carry out this section.

SEC. 503. RAIL SECURITY.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended by striking ``the rail carrier'' each place it appears 
and inserting ``any rail carrier''.
    (b) Review of Rail Regulations.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Transportation, in 
consultation with the Under Secretary, shall review existing rail 
regulations of the Department of Transportation for the purpose of 
identifying areas in which those regulations need to be revised to 
improve rail security.

SEC. 504. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall complete a study of the rail passenger transportation security 
programs that are carried out for rail transportation systems in Japan, 
member nations of the European Union, and other foreign countries.
    (b) Purpose.--The purpose of the study conducted under subsection 
(a) shall be to identify effective rail transportation security 
measures that are in use in foreign rail transportation systems, 
including innovative measures and screening procedures determined 
effective.
    (c) Report.--The Comptroller General shall submit a report on the 
results of the study conducted under subsection (a) to the Committee on 
Commerce, Science, and Transportation and Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives. The 
report shall include the Comptroller General's assessment regarding 
whether it is feasible to implement within the United States any of the 
same or similar security measures that are determined effective under 
the study.

SEC. 505. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Under Secretary, in 
cooperation with the Secretary of Transportation, shall--
            (1) conduct a study to analyze the cost and feasibility of 
        requiring security screening for passengers, baggage, and cargo 
        on passenger trains; and
            (2) not later than 1 year after the date of the enactment 
        of this Act, submit a report containing the results of the 
        study and any recommendations that the Under Secretary may have 
        for implementing a rail security screening program to--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee of Homeland Security 
                and Governmental Affairs of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    (b) Pilot Program.--As part of the study conducted under subsection 
(a), the Under Secretary shall complete a pilot program of random 
security screening of passengers and baggage at 5 passenger rail 
stations served by Amtrak, which shall be selected by the Under 
Secretary. In conducting the pilot program under this subsection, the 
Under Secretary shall--
            (1) test a wide range of explosives detection technologies, 
        devices, and methods;
            (2) require that intercity rail passengers produce 
        government-issued photographic identification, which matches 
        the name on the passenger's tickets before the passenger 
        boarding a train; and
            (3) attempt to give preference to locations at the highest 
        risk of terrorist attack and achieve a distribution of 
        participating train stations in terms of geographic location, 
        size, passenger volume, and whether the station is used by 
        commuter rail passengers and Amtrak passengers.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary to carry out this section 
$5,000,000 for fiscal year 2007.

SEC. 506. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this title.

SEC. 507. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation may award 
grants to Amtrak for the purpose of making fire and life-safety 
improvements to Amtrak tunnels on the Northeast Corridor in New York, 
New York, Baltimore, Maryland, and Washington, D.C.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the purposes of 
carrying out subsection (a) the following amounts:
            (1) For the 6 New York tunnels, to provide ventilation, 
        electrical, and fire safety technology upgrades, emergency 
        communication and lighting systems, and emergency access and 
        egress for passengers--
                    (A) $100,000,000 for fiscal year 2007;
                    (B) $100,000,000 for fiscal year 2008;
                    (C) $100,000,000 for fiscal year 2009; and
                    (D) $170,000,000 for fiscal year 2010.
            (2) For the Baltimore & Potomac tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2007;
                    (B) $10,000,000 for fiscal year 2008;
                    (C) $10,000,000 for fiscal year 2009; and
                    (D) $17,000,000 for fiscal year 2010.
            (3) For the Washington, DC Union Station tunnels to improve 
        ventilation, communication, lighting, and passenger egress 
        upgrades--
                    (A) $8,000,000 for fiscal year 2007;
                    (B) $8,000,000 for fiscal year 2008;
                    (C) $8,000,000 for fiscal year 2009; and
                    (D) $8,000,000 for fiscal year 2010.
    (c) Infrastructure Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation $3,000,000 for fiscal 
year 2007 for the preliminary design of options for a new tunnel on a 
different alignment to augment the capacity of the existing Baltimore 
tunnels.
    (d) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary, and the 
        Secretary has approved, an engineering and financial plan for 
        such projects; and
            (2) unless, for each project funded under this section, the 
        Secretary has approved a project management plan prepared by 
        Amtrak that appropriately addresses--
                    (A) project budget;
                    (B) construction schedule;
                    (C) recipient staff organization;
                    (D) document control and record keeping;
                    (E) change order procedure;
                    (F) quality control and assurance;
                    (G) periodic plan updates;
                    (H) periodic status reports; and
                    (I) such other matters the Secretary determines to 
                be appropriate.
    (f) Review of Plans.--
            (1) Completion.--The Secretary of Transportation shall 
        complete the review of the plans required under paragraphs (1) 
        and (2) of subsection (e) and approve or disapprove the plans 
        not later than 45 days after the date on which each such plan 
        is submitted by Amtrak.
            (2) Incomplete plans.--If the Secretary determines that a 
        plan is incomplete or deficient--
                    (A) the Secretary shall notify Amtrak of the 
                incomplete items or deficiencies; and
                    (B) not later than 30 days after receiving the 
                Secretary's notification under subparagraph (A), Amtrak 
                shall submit a modified plan for the Secretary's 
                review.
            (3) Review of modified plans.--Not later than 15 days after 
        receiving additional information on items previously included 
        in the plan, and not later than 45 days after receiving items 
        newly included in a modified plan, the Secretary shall--
                    (A) approve the modified plan; or
                    (B) if the Secretary finds the plan is still 
                incomplete or deficient--
                            (i) submit a report to the Committee on 
                        Commerce, Science, and Transportation and the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate and the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives that identifies the portions 
                        of the plan the Secretary finds incomplete or 
                        deficient;
                            (ii) approve all other portions of the 
                        plan;
                            (iii) obligate the funds associated with 
                        those other portions; and
                            (iv) execute an agreement with Amtrak not 
                        later than 15 days thereafter on a process for 
                        resolving the remaining portions of the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
of Transportation shall, taking into account the need for the timely 
completion of all portions of the tunnel projects described in 
subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use of the tunnels, if feasible.

SEC. 508. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--Not later than 60 days after the date 
of enactment of this Act, the Secretary of Transportation and the 
Secretary of Homeland Security shall execute a memorandum of agreement 
governing the roles and responsibilities of the Department of 
Transportation and the Department of Homeland Security, respectively, 
in addressing railroad transportation security matters, including the 
processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.
    (b) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``railroad safety'' and inserting 
``railroad safety, including security,''.

SEC. 509. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail Security Act of 2006, Amtrak shall submit 
to the Chairman of the National Transportation Safety Board and the 
Secretary of Transportation a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving an Amtrak intercity train and resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release to 
any person information on a list obtained under subsection (b)(1) but 
may provide information on the list about a passenger to the family of 
the passenger to the extent that the Board or Amtrak considers 
appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
$500,000 for fiscal year 2007 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``Sec. 24316. Plans to address needs of families of passengers involved 
                            in rail passenger accidents.''.

SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--Subject to subsection (c), the Under Secretary may 
award grants, through the Secretary of Transportation, to Amtrak--
            (1) to secure major tunnel access points and ensure tunnel 
        integrity in New York, Baltimore, and Washington, D.C.;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Under Secretary;
            (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (6) to hire additional police and security officers, 
        including canine units;
            (7) to expand emergency preparedness efforts; and
            (8) for employee security training.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak for projects under subsection (a) unless--
            (1) the projects are contained in a systemwide security 
        plan approved by the Under Secretary, in consultation with the 
        Secretary of Transportation;
            (2) capital projects meet the requirements under section 
        507(e)(2); and
            (3) the plan includes appropriate measures to address 
        security awareness, emergency response, and passenger 
        evacuation training.
    (c) Equitable Geographic Allocation.--The Under Secretary shall 
ensure that, subject to meeting the highest security needs on Amtrak's 
entire system, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized 
under this section.
    (d) Availability of Funds.--There are authorized to be appropriated 
to the Under Secretary $63,500,000 for fiscal year 2007, $30,000,000 
for fiscal year 2008, and $30,000,000 for fiscal year 2009 for the 
purposes of carrying out this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended.

SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Under Secretary may award 
grants to freight railroads, the Alaska Railroad, hazardous materials 
shippers, owners of rail cars used in the transportation of hazardous 
materials, universities, colleges and research centers, State and local 
governments (for passenger facilities and infrastructure not owned by 
Amtrak), and, through the Secretary of Transportation, to Amtrak, for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity passenger rail and freight rail security threats, 
including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of cargo or passenger screening equipment 
        at the international border between the United States and 
        Mexico or the international border between the United States 
        and Canada;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        under section 502(c), including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants awarded under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Under Secretary.
    (c) Equitable Allocation.--The Under Secretary shall equitably 
distribute the funds authorized by this section, taking into account 
geographic location, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for passenger 
rail security, the Under Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers and intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 510(b).
    (e) Allocation Between Railroads and Others.--Unless the Under 
Secretary determines, as a result of the assessment required by section 
502, that critical rail transportation security needs require 
reimbursement in greater amounts to any eligible entity, a grant may 
not be awarded under this section--
            (1) in excess of $65,000,000 to Amtrak; or
            (2) in excess of $100,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means poison inhalation hazard materials, 
class 2.3 gases, class 6.1 materials, and anhydrous ammonia.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary $350,000,000 for fiscal year 2007 
to carry out the purposes of this section. Amounts appropriated 
pursuant to this subsection shall remain available until expended.

SEC. 512. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Transportation may use 
not more than 0.5 percent of amounts made available to Amtrak for 
capital projects under this title--
            (1) to enter into contracts for the review of proposed 
        capital projects and related program management plans; and
            (2) to oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) to make contracts for safety, procurement, management, 
and financial compliance reviews and audits of a recipient of amounts 
under subsection (a).
    (c) Procedures for Grant Award.--The Under Secretary shall 
prescribe procedures and schedules for the awarding of grants under 
this title, including application and qualification procedures 
(including a requirement that the applicant have a security plan), and 
a record of decision on applicant eligibility. The procedures shall 
include the execution of a grant agreement between the grant recipient 
and the Under Secretary. The Under Secretary shall issue a final rule 
establishing the procedures not later than 90 days after the date of 
the enactment of this Act.

SEC. 513. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The Under 
Secretary, in conjunction with the Secretary of Transportation, shall 
carry out a research and development program for the purpose of 
improving freight and intercity passenger rail security that may 
include research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment; and
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transmit information about the integrity of tank 
                cars to the train crew;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 511(g));
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety;
            (6) other projects recommended in the report required under 
        section 502.
    (b) Coordination With Other Research Initiatives.--The Under 
Secretary shall ensure that the research and development program under 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security and the Department 
of Transportation. The Under Secretary shall carry out any research and 
development project authorized under this section through a 
reimbursable agreement with the Secretary of Transportation if the 
Secretary--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Under Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary $50,000,000 in each of fiscal years 
2007 and 2008 to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall--
            (1) require each track owner using continuous welded rail 
        track to include procedures to improve the identification of 
        cracks in rail joint bars in the procedures filed with the 
        Administration under section 213.119 of title 49, Code of 
        Federal Regulations;
            (2) instruct Administration track inspectors to obtain 
        copies of the most recent continuous welded rail programs of 
        each railroad within the inspectors' areas of responsibility 
        and require that inspectors use those programs when conducting 
        track inspections; and
            (3) establish a program to--
                    (A) periodically review continuous welded rail 
                joint bar inspection data from railroads and 
                Administration track inspectors; and
                    (B) require railroads to increase the frequency or 
                improve the methods of inspection of joint bars in 
                continuous welded rail, if the Administrator determines 
                that such increase or improvement is necessary or 
                appropriate.
    (b) Tank Car Standards.--The Administrator of the Federal Railroad 
Administration shall--
            (1) not later than 1 year after the date of the enactment 
        of this Act, validate the predictive model it is developing to 
        quantify the relevant dynamic forces acting on railroad tank 
        cars under accident conditions; and
            (2) not later than 18 months after the date of the 
        enactment of this Act, initiate a rulemaking to develop and 
        implement appropriate design standards for pressurized tank 
        cars.
    (c) Older Tank Car Impact Resistance Analysis and Report.--Not 
later than 2 years after the date of the enactment of this Act, the 
Administrator of the Federal Railroad Administration shall--
            (1) conduct a comprehensive analysis to determine the 
        impact resistance of the steels in the shells of pressure tank 
        cars constructed before 1989; and
            (2) submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that contains recommendations for measures to 
        eliminate or mitigate the risk of catastrophic failure.

SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the Under Secretary, in consultation with the heads of other 
appropriate Federal departments and agencies and the National Railroad 
Passenger Corporation, shall submit a report to the Committee on 
Commerce, Science, and Transportation and Committee of Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing pre-screened passenger lists for rail passengers 
        traveling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers; and
            (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security.

SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL IN 
              COMMUNITIES WITHOUT GRADE SEPARATION.

    (a) Study.--The Secretary of Homeland Security, in consultation 
with State and local government officials, shall conduct a study on the 
impact of blocked highway-railroad grade crossings on the ability of 
emergency responders, including ambulances and police, fire, and other 
emergency vehicles, to perform public safety and security duties in the 
event of a terrorist attack.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit a report 
to the Committee on Commerce, Science, and Transportation and Committee 
of Homeland Security and Governmental Affairs of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that contains--
            (1) the findings of the study conducted under subsection 
        (a); and
            (2) recommendations for reducing the impact of blocked 
        crossings on emergency response.

SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following:
``Sec. 20118. Whistleblower protection for rail security matters
    ``(a) Discrimination Against Employee.--A rail carrier engaged in 
interstate or foreign commerce may not discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the Federal 
        Government information relating to a reasonably perceived 
        threat, in good faith, to security; or
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a reasonably 
        perceived threat, in good faith, to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under such section 3 to resolve 
the dispute, grievance, or claim the proceeding shall be expedited and 
the dispute, grievance, or claim shall be resolved not later than 180 
days after the filing date. If the violation is a form of 
discrimination that does not involve discharge, suspension, or another 
action affecting pay, and no other remedy is available under this 
subsection, the Board, division, delegate, or other board of adjustment 
may award the employee reasonable damages, including punitive damages, 
of not more than $20,000.
    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B), including the 
burdens of proof, applies to any complaint brought under this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) In general.--Except as provided in paragraph (2), or 
        with the written consent of the employee, the Secretary of 
        Transportation may not disclose the name of an employee of a 
        railroad carrier who has provided information about an alleged 
        violation of this section.
            ``(2) Enforcement.--The Secretary shall disclose to the 
        Attorney General the name of an employee described in paragraph 
        (1) if the matter is referred to the Attorney General for 
        enforcement.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20115 the following:

``Sec. 20118. Whistleblower protection for rail security matters.''.

SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Transportation, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare front-line workers for 
potential threat conditions. The guidance shall take into consideration 
any current security training requirements or best practices.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall include elements, as appropriate to passenger and freight rail 
service, that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Psychology of terrorists to cope with hijacker behavior 
        and passenger responses.
            (7) Situational training exercises regarding various threat 
        conditions.
            (8) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 90 days after the 
Secretary of Homeland Security issues guidance under subsection (a) in 
final form, each railroad carrier shall develop a rail worker security 
training program in accordance with that guidance and submit it to the 
Secretary for review. Not later than 30 days after receiving a railroad 
carrier's program under this subsection, the Secretary shall review the 
program and transmit comments to the railroad carrier concerning any 
revisions the Secretary considers necessary for the program to meet the 
guidance requirements. A railroad carrier shall respond to the 
Secretary's comments within 30 days after receiving them.
    (d) Training.--Not later than 1 year after the Secretary reviews 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall 
review implementation of the training program of a representative 
sample of railroad carriers and report to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security on the number of reviews 
conducted and the results. The Secretary may submit the report in both 
classified and redacted formats as necessary.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) as appropriate to reflect new or different 
security threats. Railroad carriers shall revise their programs 
accordingly and provide additional training to their front-line workers 
within a reasonable time after the guidance is updated.
    (f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators, 
other onboard employees, maintenance and maintenance support personnel, 
bridge tenders, as well as other appropriate employees of railroad 
carriers, as defined by the Secretary.
    (g) Other Employees.--The Secretary of Homeland Security shall 
issue guidance and best practices for a rail shipper employee security 
program containing the elements listed under subsection (b) as 
appropriate.

SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, and of a quantity equal or exceeding the quantities of such 
material listed in subpart 172.800, title 49, Federal Code of 
Regulations, to develop a high hazard material security threat 
mitigation plan containing appropriate measures, including alternative 
routing and temporary shipment suspension options, to address assessed 
risks to high consequence targets. The plan, and any information 
submitted to the Secretary under this section shall be protected as 
sensitive security information under the regulations prescribed under 
section 114(s) of title 49, United States Code.
    (b) Implementation.--A high hazard material security threat 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary of Homeland Security 
                within 60 days after the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security threat mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary; 
                and
                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) Catastrophic impact zone.--The term ``catastrophic 
        impact zone'' means the area immediately adjacent to, under, or 
        above an active railroad right-of-way used to ship high hazard 
        materials in which the potential release or explosion of the 
        high hazard material being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (2) High-consequence target.--The term ``high-consequence 
        target'' means a building, buildings, infrastructure, public 
        space, or natural resource designated by the Secretary of 
        Homeland Security that is viable terrorist target of national 
        significance, the attack of which could result in--
                    (A) catastrophic loss of life; and
                    (B) significantly damaged national security and 
                defense capabilities; or
                    (C) national economic harm.
            (3) High hazard materials.--The term ``high hazard 
        materials'' means quantities of poison inhalation hazard 
        materials, Class 2.3 gases, Class 6.1 materials, and anhydrous 
        ammonia that the Secretary, in consultation with the Secretary 
        of Transportation, determines pose a security risk.
            (4) Rail carrier.--The term ``rail carrier'' has the 
        meaning given that term by section 10102(5) of title 49, United 
        States Code.

SEC. 520. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Secretary of 
Transportation, shall develop a national plan for public outreach and 
awareness. Such plan shall be designed to increase awareness of 
measures that the general public, railroad passengers, and railroad 
employees can take to increase railroad system security. Such plan 
shall also provide outreach to railroad carriers and their employees to 
improve their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to improve 
railroad security. Not later than 9 months after the date of enactment 
of this Act, the Secretary of Homeland Security shall implement the 
plan developed under this section.

SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with any rail security 
        research and development program administered by the Department 
        of Homeland Security and consistent with the results of 
        research relating to wireless tracking technologies, the 
        Secretary of Homeland Security, in consultation with the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), shall develop a program that will 
        encourage the equipping of rail cars transporting high hazard 
        materials (as defined in section 519) in quantities equal to or 
        greater than the quantities specified in subpart 171.800 of 
        title 49, Code of Federal Regulations, with wireless 
        terrestrial or satellite communications technology that 
        provides--
                    (A) car position location and tracking 
                capabilities;
                    (B) notification of rail car depressurization, 
                breach, or unsafe temperature; and
                    (C) notification of hazardous material release.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section $3,000,000 for 
each of fiscal years 2007, 2008, and 2009.

                    TITLE VI--NATIONAL ALERT SYSTEM

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Warning, Alert, and Response 
Network Act''.

SEC. 602. NATIONAL ALERT SYSTEM.

    (a) Establishment.--There is established a National Alert System to 
provide a public communications system capable of alerting the public 
on a national, regional, or local basis to emergency situations 
requiring a public response.
    (b) Functions.--The National Alert System--
            (1) will enable any Federal, State, tribal, or local 
        government official with credentials issued by the National 
        Alert Office under section 603 to alert the public to any 
        imminent threat that presents a significant risk of injury or 
        death to the public;
            (2) will be coordinated with and supplement existing 
        Federal, State, tribal, and local emergency warning and alert 
        systems;
            (3) will be flexible enough in its application to permit 
        narrowly targeted alerts in circumstances in which only a small 
        geographic area is exposed or potentially exposed to the 
        threat; and
            (4) will transmit alerts across the greatest possible 
        variety of communications technologies, including digital and 
        analog broadcasts, cable and satellite television, satellite 
        and terrestrial radio, wireless communications, wireline 
        communications, and the Internet to reach the largest portion 
        of the affected population.
    (c) Capabilities.--The National Alert System--
            (1) shall incorporate multiple communications technologies 
        and be designed to adapt to, and incorporate, future 
        technologies for communicating directly with the public;
            (2) shall include mechanisms and technologies to ensure 
        that members of the public with disabilities and older 
        individuals (as defined in section 102(35) of the Older 
        Americans Act of 1965 (42 U.S.C. 3002(35))) are able to receive 
        alerts and information provided through the National Alert 
        System;
            (3) shall not interfere with existing alert, warning, 
        priority access, or emergency communications systems employed 
        by Federal, State, tribal, or local emergency response 
        personnel and may utilize existing emergency alert 
        technologies, including the NOAA All-Hazards Radio System, 
        digital and analog broadcast, cable, and satellite television 
        and satellite and terrestrial radio;
            (4) shall not be based upon any single technology or 
        platform, but shall be designed to provide alerts to the 
        largest portion of the affected population feasible and improve 
        the ability of remote areas to receive alerts;
            (5) shall incorporate technologies to alert effectively 
        underserved communities (as determined by the Commission under 
        section 608(a) of this title);
            (6) when technologically feasible shall be capable of 
        providing information in languages other than, and in addition 
        to, English where necessary or appropriate; and
            (7) shall be designed to promote local and regional public 
        and private partnerships to enhance community preparedness and 
        response.
    (d) Reception of Alerts.--The National Alert System shall--
            (1) utilize multiple technologies for providing alerts to 
        the public, including technologies that do not require members 
        of the public to activate a particular device or use a 
        particular technology to receive an alert provided via the 
        National Alert System; and
            (2) provide redundant alert mechanisms where practicable so 
        as to reach the greatest number of people regardless of whether 
        they have access to, or utilize, any specific medium of 
        communication or any particular device.
    (e) Emergency Alert System.--Within 1 year after the date of 
enactment of this Act, the Federal Communications Commission shall--
            (1) ensure the President, Secretary of Homeland Security, 
        and State Governors have access to the emergency alert system; 
        and
            (2) ensure that the Emergency Alert System can transmit in 
        languages other than English.

SEC. 603. IMPLEMENTATION AND USE.

    (a) Authority To Access System.--
            (1) In general.--Within 180 days after the date of 
        enactment of this Act, the National Alert Office shall 
        establish a process for issuing credentials to Federal, State, 
        tribal, or local government officials with responsibility for 
        issuing safety warnings to the public that will enable them to 
        access the National Alert System and preserves access to 
        existing alert, warning, and emergency communications systems 
        pursuant to section 602(c)(3). The Office shall approve or 
        disapprove a request for credentials within 60 days of request 
        by the Federal department or agency, the governor of the State 
        or the elected leader of a federally recognized Indian tribe.
            (2) Requests for credentials.--Requests for credentials 
        from Federal, State, tribal, and local government agencies 
        shall be submitted to the Office by the head of the Federal 
        department or agency, or the governor of the State or the 
        elected leader of a Federally recognized Indian tribe, 
        concerned, for review and approval.
            (3) Scope and Limitations of Credentials.--The Office 
        shall--
                    (A) establish eligibility criteria for issuing, 
                renewing, and revoking access credentials;
                    (B) limit credentials to appropriate geographic 
                areas or political jurisdictions; and
                    (C) ensure that the credentials permit use of the 
                National Alert System only for alerts that are 
                consistent with the jurisdiction, authority, and basis 
                for eligibility of the individual to whom the 
                credentials are issued to use the National Alert 
                System.
            (4) Periodic training.--The Office shall--
                    (A) establish a periodic training program for 
                Federal, State, tribal, or local government officials 
                with credentials to use the National Alert System; and
                    (B) require such officials to undergo periodic 
                training under the program as a prerequisite for 
                retaining their credentials to use the system.
    (b) Allowable Alerts.--
            (1) In general.--Any alert transmitted via the National 
Alert System, other than an alert described in paragraph (3), shall 
meet 1 or more of the following requirements:
                    (A) An alert shall notify the public of a hazardous 
                situation that poses an imminent threat to the public 
                health or safety.
                    (B) An alert shall provide appropriate instructions 
                for actions to be taken by individuals affected or 
                potentially affected by such a situation.
                    (C) An alert shall advise individuals of public 
                addresses by Federal, State, tribal, or local officials 
                when related to a significant threat to public safety 
                and transmit such addresses when practicable and 
                technically feasible.
                    (D) An alert shall notify the public of when the 
                hazardous situation has ended or has been brought under 
                control.
            (2) Event eligibility regulations.--The director of the 
        National Alert Office, in consultation with the Working Group, 
        shall by regulation specify--
                    (A) the classes of events or situations for which 
                the National Alert System may be used to alert the 
                public; and
                    (B) the content of the types of alerts that may be 
                transmitted by or through use of the National Alert 
                System, which may include--
                            (i) notifications to the public of a 
                        hazardous situation that poses an imminent 
                        threat to the public health or safety 
                        accompanied by appropriate instructions for 
                        actions to be taken by individuals affected or 
                        potentially affected by such a situation; and
                            (ii) when technologically feasible public 
                        addresses by Federal, State, tribal, or local 
                        officials related to a significant threat to 
                        public safety.
            (3) Opt-in procedures for optional alerts.--The director of 
        the Office, in coordination with the Working Group, may 
        establish a procedure under which licensees who elect to 
        participate in the National Alert System as described in 
        subsection (d), may transmit non-emergency information via the 
        National Alert System to individuals who request such 
        information.
    (c) Access Points.--The National Alert System shall provide--
            (1) secure, widely dispersed multiple access points to 
        Federal, State, or local government officials with credentials 
        that will enable them to initiate alerts for transmission to 
        the public via the National Alert System; and
            (2) system redundancies to ensure functionality in the 
        event of partial system failures, power failures, or other 
        interruptive events.
    (d) Election To Carry Service.--
            (1) Amendment of license.--Within 60 days after the date on 
        which the National Alert Office adopts relevant technical 
        standards based on recommendations of the Working Group, the 
        Federal Communications Commission shall initiate a proceeding 
        and subsequently issue an order--
                    (A) to allow any licensee providing commercial 
                mobile service (as defined in section 332(d)(1) of the 
                Communications Act of 1934 (47 U.S.C. 332(d)(1))) to 
                transmit National Alert System alerts to all 
                subscribers to, or users of, such service; and
                    (B) to require any such licensee who elects under 
                paragraph (2) not to participate in the transmission of 
                National Alert System alerts, to provide clear and 
                conspicuous notice at the point of sale of any devices 
                with which its service is included, that it will not 
                transmit National Alert System alerts via its service.
            (2) Election to carry service.--
                    (A) In general.--Within 30 days after the 
                Commission issues its order under paragraph (1), each 
                such licensee shall file an election with the 
                Commission with respect to whether or not it intends to 
                participate in the transmission of National Alert 
                System alerts.
                    (B) Participation.--If a licensee elects to 
                participate in the transmission of National Alert 
                System alerts, the licensee shall certify to the 
                Commission that it will participate in a manner 
                consistent with the standards and protocols implemented 
                by the National Alert Office.
                    (C) Advertising.--Nothing in this title shall be 
                construed to prevent a licensee from advertising that 
                it participates in the transmission of National Alert 
                System alerts.
                    (D) Withdrawal from or later entry into system.--
                The Commission shall establish a procedure--
                            (i) for a participating licensee to 
                        withdraw from the National Alert System upon 
                        notification of its withdrawal to its existing 
                        subscribers;
                            (ii) for a licensee to enter the National 
                        Alert System at a date later than provided in 
                        subparagraph (A); and
                            (iii) under which a subscriber may 
                        terminate a subscription to service provided by 
                        a licensee that withdraws from the National 
                        Alert System without penalty or early 
                        termination fee.
                    (E) Consumer choice technology.--Any licensee 
                electing to participate in the transmission of National 
                Alert System alerts may offer subscribers the 
                capability of preventing the subscriber's device from 
                receiving alerts broadcast by the system other than an 
                alert issued by the President.
            (3) Expansion of class of licensees participating.--The 
        Commission, in consultation with the National Alert Office, may 
        expand the class of licensees allowed to participate in the 
        transmission of National Alert System alerts subject to such 
        requirements as the Commission, in consultation with the 
        National Alert Office, determines to be necessary or 
        appropriate--
                    (A) to ensure the broadest feasible propagation of 
                alerts transmitted by the National Alert System to the 
                public; and
                    (B) to ensure that the functionality, integrity, 
                and security of the National Alert System is not 
                compromised.
    (e) Digital Television Transmission Towers.--
            (1) Retransmission capability.--Within 30 days after the 
        date on which the National Alert Office adopts relevant 
        technical standards based on recommendations of the Working 
        Group, the Federal Communications Commission shall initiate a 
        proceeding to require public broadcast television licensees and 
        permittees to install necessary equipment and technologies on, 
        or as part of, any broadcast television digital signal 
        transmitter to enable the transmitter to serve as a backbone 
        for the reception, relay, and retransmission of National Alert 
        System alerts.
            (2) Compensation.--The National Alert Office established by 
        section 605 shall compensate any such licensee or permittee for 
        costs incurred in complying with the requirements imposed 
        pursuant to paragraph (1).
    (f) FCC Regulation of Compliance.--Except as provided in 
subsections (d) and (e), the Federal Communications Commission shall 
have no regulatory authority under this title except to regulate 
compliance with this title by licensees and permittees regulated by the 
Commission under the Communications Act of 1934 (47 U.S.C. 151 et 
seq.).
    (g) Limitation of Liability.--Any person that participates in the 
transmission of National Alert System alerts and that meets its 
obligations under this title shall not be liable to any subscriber to, 
or user of, such person's service or equipment for--
            (1) any act or omission related to or any harm resulting 
        from the transmission of, or failure to transmit, a National 
        Alert System alert to such subscriber or user; or
            (2) for the release to a government agency or entity, 
        public safety, fire service, law enforcement official, or 
        emergency facility of subscriber information used in connection 
        with delivering an alert.
    (h) Testing.--The director shall establish testing criteria and 
guidelines for licensees that elect to participate in the transmission 
of National Alert System alerts.

SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS AND 
              AUTHORITY.

    (a) Existing Federal Warning System Coordination.--The director 
shall work with the Federal Communications Commission, the National 
Oceanic and Atmospheric Administration, and other relevant Federal 
agencies to ensure that the National Alert System--
            (1) complements, rather than duplicates, existing Federal 
        alert systems; and
            (2) obtains the maximum benefit possible from the 
        utilization of existing research and development, technologies, 
        and processes developed for or utilized by existing Federal 
        alert systems.
    (b) Existing alert authority.--Nothing in this title shall be 
construed--
            (1) to interfere with the authority of a Federal, State, or 
        local government official under any other provision of law to 
        transmit public alerts via the NOAA All-Hazards Radio System, 
        digital and analog broadcast, cable, and satellite television 
        and satellite and terrestrial radio, or any other emergency 
        alert system in existence on the date of enactment of this Act;
            (2) to require alerts transmitted under the authority 
        described in paragraph (1) to comply with any standard 
        established pursuant to section 603; or
            (3) to require any Federal, State, or local government 
        official to obtain credentials or undergo training under this 
        title before transmitting alerts under the authority described 
        in paragraph (1).

SEC. 605. NATIONAL ALERT OFFICE.

    (a) Establishment.--
            (1) In general.--The National Alert Office is established 
        within the Department of Homeland Security.
            (2) Director.--The office shall be headed by a director 
        with at least 5 years' operational experience in the management 
        and issuance of warnings and alerts, hazardous event 
        management, or disaster planning. The Director shall serve 
        under and report to the Secretary of Homeland Security or his 
        designee.
            (3) Staff.--The office shall have a staff with significant 
        technical expertise in the communications industry and 
        emergency public communications. The director may request the 
        detailing of staff from any appropriate Federal department or 
        agency in order to ensure that the concerns of all such 
        departments and agencies are incorporated into the daily 
        operation of the National Alert System.
    (b) Functions and Responsibilities.--
            (1) In general.--The Office shall administer, operate, and 
        manage the National Alert System established under this title.
            (2) Implementation of working group recommendations.--The 
        Office shall be responsible for implementing the 
        recommendations of the Working Group established by section 606 
        regarding--
                    (A) the technical transmission of alerts;
                    (B) the incorporation of new technologies into the 
                National Alert System;
                    (C) the technical capabilities of the National 
                Alert System; and
                    (D) any other matters that fall within the duties 
                of the Working Group.
    (3) Transmission of Alerts.--In administering the National Alert 
System, the director of the National Alert Office shall ensure that--
                    (A) the National Alert System is available to, and 
                enables, only Federal, State, tribal, or local 
                government officials with credentials issued by the 
                National Alert Office under section 603 to access and 
                utilize the National Alert System;
                    (B) the National Alert System is capable of 
                providing geographically targeted alerts where such 
                alerts are appropriate;
                    (C) the legitimacy and authenticity of any 
                proffered alert is verified before it is transmitted;
                    (D) each proffered alert complies with formats, 
                protocols, and other requirements established by the 
                Office to ensure the efficacy and usefulness of alerts 
                transmitted via the National Alert System;
                    (E) the security and integrity of a National Alert 
                System alert from the point of origination to delivery 
                is maintained; and
                    (F) the security and integrity of the National 
                Alert System is maintained and protected.
    (c) Reports.--
            (1) Annual reports.--The director shall submit an annual 
        report to the Senate Committee on Commerce, Science, and 
        Transportation, the Senate Committee on Homeland Security and 
        Governmental Affairs, the House of Representatives Committee on 
        Homeland Security, the House of Representatives Committee on 
        Energy and Commerce, the House of Representatives Committee on 
        Science, and the House of Representatives Committee on 
        Transportation and Infrastructure on the status of, and plans 
        for, the National Alert System. In the first annual report, the 
        director shall report on--
                    (A) the progress made toward operational activation 
                of the alerting capabilities of the National Alert 
                System; and
                    (B) the anticipated date on which the National 
                Alert System will be available for utilization by 
                Federal, State, and local officials.
            (2) 5-year plan.--Within 1 year after the date of enactment 
        of this Act and every 5 years thereafter, the director shall 
        publish a 5-year plan that outlines future capabilities and 
        communications platforms for the National Alert System. The 
        plan shall serve as the long-term planning document for the 
        Office.
    (d) GAO Audits.--
            (1) In general.--The Comptroller General shall audit the 
        National Alert Office every 3 years after the date of enactment 
        of this Act and periodically thereafter and transmit the 
        findings thereof to the Senate Committee on Commerce, Science, 
        and Transportation, the Senate Committee on Homeland Security 
        and Governmental Affairs, the House of Representatives 
        Committee on Homeland Security, the House of Representatives 
        Committee on Energy and Commerce, the House of Representatives 
        Committee on Science, and the House of Representatives 
        Committee on Transportation and Infrastructure.
            (2) Response report.--If, as a result of the audit, the 
        Comptroller General expresses concern about any matter 
        addressed by the audit, the director of the National Alert 
        Office shall transmit a report to the Senate Committee on 
        Commerce, Science, and Transportation, the Senate Committee on 
        Homeland Security and Governmental Affairs, the House of 
        Representatives Committee on Homeland Security, the House of 
        Representatives Committee on Energy and Commerce, the House of 
        Representatives Committee on Science, and the House of 
        Representatives Committee on Transportation and Infrastructure 
        describing what action, if any, the director is taking to 
        respond to any such concern.

SEC. 606. NATIONAL ALERT SYSTEM WORKING GROUP.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the director of the National Alert Office shall 
establish a working group, to be known as the National Alert System 
Working Group.
    (b) Membership.--
            (1) Appointment; chair.--The director shall appoint the 
        members of the Working Group as soon as practicable after the 
        date of enactment of this Act and shall serve as its chair. In 
        appointing members of the Working Group, the director shall 
        ensure that the number of members appointed under paragraph (5) 
        provides appropriate and adequate representation for all 
        stakeholders and interested and affected parties.
            (2) Federal agency representatives.--Appropriate personnel 
        from the National Institute of Standards and Technology, the 
        National Oceanic and Atmospheric Administration, the Federal 
        Communications Commission, the Federal Emergency Management 
        Agency, the Nuclear Regulatory Commission, the Department of 
        Justice, the National Communications System, the National 
        Telecommunications and Information Administration, the 
        Department of Homeland Security's Preparedness Directorate, the 
        United States Postal Service, and other appropriate Federal 
        agencies shall serve as members of the Working Group.
            (3) State and local government representatives.--The 
        director shall appoint representatives of State and local 
        governments and representatives of emergency services 
        personnel, selected from among individuals nominated by 
        national organizations representing such governments and 
        personnel, to serve as members of the Working Group.
            (4) Tribal governments.--The director shall appoint 
        representatives from Federally recognized Indian tribes and 
        National Indian organizations.
            (5) Subject matter experts..--The director shall appoint 
        individuals who have the requisite technical knowledge and 
        expertise to serve on the Working Group in the fulfillment of 
        its duties, including representatives of--
                    (A) communications service providers;
                    (B) vendors, developers, and manufacturers of 
                systems, facilities; equipment, and capabilities for 
                the provision of communications services;
                    (C) third-party service bureaus;
                    (D) technical experts from the broadcasting 
                industry;
                    (E) the national organization representing the 
                licensees and permittees of noncommercial broadcast 
                television stations;
                    (F) national organizations representing individuals 
                with special needs; and
                    (G) other individuals with technical expertise that 
                would enhance the National Alert System.
    (c) Duties of the Working Group.--
            (1) Development of system-critical recommendations.--Within 
        1 year after the date of enactment of this Act, the Working 
        Group shall develop and transmit to the National Alert Office 
        recommendations for--
                    (A) protocols, including formats, source or 
                originator identification, threat severity, hazard 
                description, and response requirements or 
                recommendations, for alerts to be transmitted via the 
                National Alert System that ensures that alerts are 
                capable of being utilized across the broadest variety 
                of communication technologies, at National, State, and 
                local levels;
                    (B) procedures for verifying, initiating, 
                modifying, and canceling alerts transmitted via the 
                National Alert System;
                    (C) guidelines for the technical capabilities of 
                the National Alert System;
                    (D) guidelines for technical capability that 
                provides for the priority transmission of National 
                Alert System alerts;
                    (E) guidelines for other capabilities of the 
                National Alert System as specified in this title;
                    (F) standards for equipment and technologies used 
                by the National Alert System;
                    (G) guidelines for the transmission of National 
                System Alerts in languages in addition to English, to 
                the extent practicable; and
                    (H) guidelines for incorporating the National Alert 
                System into comprehensive emergency planning standards 
                for public alert and notification and emergency public 
                communications.
            (2) Integration of emergency and national alert systems.--
        The Working Group shall work with the operators of nuclear 
        power plants and other critical infrastructure facilities to 
        integrate emergency alert systems for those facilities with the 
        National Alert System.
    (d) Meetings.--
            (1) Initial meeting.--The initial meeting of the Working 
        Group shall take place not later than 60 days after the date of 
        the enactment of this Act.
            (2) Other meetings.--After the initial meeting, the Working 
        Group shall meet at the call of the chair.
            (3) Notice; open meetings.--Any meetings held by the 
        Working Group shall be duly noticed at least 14 days in advance 
        and shall be open to the public.
    (e) Resources.--
            (1) Federal agencies.--The Working Group shall have 
        reasonable access to--
                    (A) materials, resources, data, and other 
                information from the National Institute of Standards 
                and Technology, the Department of Commerce and its 
                agencies, the Department of Homeland Security and its 
                bureaus, and the Federal Communications Commission; and
                    (B) the facilities of any such agency for purposes 
                of conducting meetings.
            (2) Gifts and grants.--The Working Group may accept, use, 
        and dispose of gifts or grants of services or property, both 
        real and personal, for purposes of aiding or facilitating the 
        work of the Working Group. Gifts or grants not used at the 
        expiration of the Working Group shall be returned to the donor 
        or grantor.
    (f) Rules.--
            (1) Quorum.--One-third of the members of the Working Group 
        shall constitute a quorum for conducting business of the 
        Working Group.
            (2) Subcommittees.--To assist the Working Group in carrying 
        out its functions, the chair may establish appropriate 
        subcommittees composed of members of the Working Group and 
        other subject matter experts as deemed necessary.
            (3) Additional rules.--The Working Group may adopt other 
        rules as needed.
    (g) Federal Advisory Committee Act.--Neither the Federal Advisory 
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation 
promulgated under that Act shall apply to the Working Group.

SEC. 607. RESEARCH AND DEVELOPMENT.

    (a) In General.--The Undersecretary of Homeland Security for 
Science and Technology and the director jointly shall establish an 
extramural research and development program based on the 
recommendations of the Working Group to support the development of 
technology that will enable all existing and future providers of 
communications services and all existing and future communications 
devices to be utilized effectively with the National Alert System.
    (b) Functions.--In carrying out subsection (a) the Undersecretary 
for Science and Technology and the director shall--
            (1) fund research and development which may include 
        academia, the private sector, and government laboratories; and
            (2) ensure that the program addresses, at a minimum--
                    (A) developing innovative technologies that will 
                transmit geographically targeted emergency messages to 
                the public;
                    (B) enhancing participation in the national alert 
                system;
                    (C) understanding and improving public response to 
                warnings; and
                    (D) enhancing the ability of local communities to 
                integrate the National Alert System into their overall 
                operations management.
    (c) Use of Existing Programs and Resources.--In developing the 
program, the Undersecretary for Science and Technology shall utilize 
existing expertise of the Department of Commerce, including the 
National Institute of Standards and Technology.

SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

    (a) Grant Program.--The Undersecretary of Commerce for Oceans and 
Atmosphere shall establish a program under which grants may be made to 
provide for the installation of technologies in remote communities 
effectively unserved by commercial mobile radio service (as determined 
by the Federal Communications Commission within 180 days after the date 
of enactment of this Act) for the purpose of enabling residents of 
those communities to receive National Alert System alerts.
    (b) Applications and Conditions.--In conducting the program, the 
Undersecretary--
            (1) shall establish a notification and application 
        procedure; and
            (2) may establish such conditions, and require such 
        assurances, as may be appropriate to ensure the efficiency and 
        integrity of the grant program.
    (c) Sunset.--The Undersecretary may not make grants under 
subsection (a) more than 5 years after the date of enactment of this 
Act.

SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE INSTRUCTIONS.

    The director of the National Office, in consultation with the 
Working Group, shall conduct a program of public outreach to ensure 
that the public is aware of the National Alert System and understands 
its capabilities and uses for emergency preparedness and response. The 
program shall incorporate multiple communications technologies and 
methods, including inserts in packaging for wireless devices, Internet 
websites, and the use of broadcast radio and television Non-Commercial 
Sustaining Announcement Programs.

SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end 
the following:

``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

    ``(a) Definition.--In this section, the term `essential service 
provider' means an entity that--
            ``(1) provides--
                    ``(A) telecommunications service;
                    ``(B) electrical power;
                    ``(C) natural gas;
                    ``(D) water and sewer services; or
                    ``(E) any other essential service, as determined by 
                the President;
            ``(2) is--
                    ``(A) a municipal entity;
                    ``(B) a nonprofit entity; or
                    ``(C) a private, for-profit entity; and
            ``(3) is contributing to efforts to respond to an emergency 
        or major disaster.
    ``(b) Authorization.--In an emergency or major disaster, the 
President may use Federal equipment, supplies, facilities, personnel, 
and other non-monetary resources to assist an essential service 
provider, in exchange for reasonable compensation.
    ``(c) Compensation.--
            ``(1) In general.--The President shall, by regulation, 
        establish a mechanism to set reasonable compensation to the 
        Federal Government for the provision of assistance under 
        subsection (b).
            ``(2) Criteria.--The mechanism established under paragraph 
        (1)--
                    ``(A) shall reflect the cost to the government (or 
                if this is not readily obtainable, the full market 
                value under the applicable circumstances) for 
                assistance provided under subsection (b) in setting 
                compensation;
                    ``(B) shall have, to the maximum degree feasible, 
                streamlined procedures for determining compensation; 
                and
                    ``(C) may, at the President's discretion, be based 
                on a good faith estimate of cost to the government 
                rather than an actual accounting of costs.
            ``(3) Periodic review.--The President shall periodically 
        review, and if necessary revise, the regulations established 
        pursuant to paragraphs (1) and (2) to ensure that these 
        regulations result in full compensation to the government for 
        transferred resources. Such reviews shall occur no less 
        frequently than once every 2 years, and the results of such 
        reviews shall be reported to the House Transportation and 
        Infrastructure Committee and the Senate Homeland Security and 
        Governmental Affairs Committee.''.

SEC. 611. DEFINITIONS.

    In this title:
            (1) Director.--The term ``director'' means the director of 
        the National Alert Office.
            (2) Office.--The term ``Office'' means the National Alert 
        Office established by section 605.
            (3) National Alert System.--The term ``National Alert 
        System'' means the National Alert System established by section 
        602.
            (4) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.
            (5) Non-commercial sustaining announcement program.--The 
        term ``Non-Commercial Sustaining Announcement Program'' means a 
        radio and television campaign conducted for the benefit of a 
        nonprofit organization or government agency using unsold 
        commercial air time donated by participating broadcast stations 
        for use in such campaigns, and for which the campaign's 
        sponsoring organization or agency funds the cost of 
        underwriting programs that serve the public convenience, 
        interest, and necessity, as described in section 307 of the 
        Communications Act of 1934 (47 U.S.C. 307).
            (6) Working group.--The term ``Working Group'' means the 
        National Alert System Working Group on the established under 
        section 606.

SEC. 612. SAVINGS CLAUSE.

    Nothing in this title shall interfere with or supersede the 
authorities, missions, programs, operations, or activities of the 
Federal Communications Commission or the Department of Commerce, 
including those of the National Oceanic and Atmospheric Administration, 
the National Institute of Standards and Technology, and the National 
Telecommunications and Information Administration.

SEC. 613. FUNDING.

    Funding for this title shall be provided from the Digital 
Transition and Public Safety Fund in accordance with section 3010 of 
the Digital Television Transition and Public Safety Act of 2005 (47 
U.S.C. 309 note).

                    TITLE VII--MASS TRANSIT SECURITY

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Public Transportation Terrorism 
Prevention Act of 2006''.

SEC. 702. FINDINGS.

    Congress finds that--
            (1) public transportation systems throughout the world have 
        been a primary target of terrorist attacks, causing countless 
        death and injuries;
            (2) 5,800 public transportation agencies operate in the 
        United States;
            (3) 14,000,000 people in the United States ride public 
        transportation each work day;
            (4) safe and secure public transportation systems are 
        essential for the Nation's economy and for significant national 
        and international public events;
            (5) the Federal Transit Administration has invested 
        $74,900,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
            (6) the Federal Government appropriately invested 
        $18,100,000,000 in fiscal years 2002 through 2005 to protect 
        our Nation's aviation system and its 1,800,000 daily 
        passengers;
            (7) the Federal Government has allocated $250,000,000 in 
        fiscal years 2003 through 2005 to protect public transportation 
        systems in the United States;
            (8) the Federal Government has invested $7.38 in aviation 
        security improvements per passenger, but only $0.007 in public 
        transportation security improvements per passenger;
            (9) the Government Accountability Office, the Mineta 
        Institute for Surface Transportation Policy Studies, the 
        American Public Transportation Association, and many 
        transportation experts have reported an urgent need for 
        significant investment in public transportation security 
        improvements; and
            (10) the Federal Government has a duty to deter and 
        mitigate, to the greatest extent practicable, threats against 
        the Nation's public transportation systems.

SEC. 703. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        the enactment of this Act, the Federal Transit Administration 
        of the Department of Transportation shall submit all public 
        transportation security assessments and all other relevant 
        information to the Secretary of Homeland Security.
            (2) Review.--Not later than July 31, 2007, the Secretary of 
        Homeland Security shall review and augment the security 
        assessments received under paragraph (1).
            (3) Allocations.--The Secretary of Homeland Security shall 
        use the security assessments received under paragraph (1) as 
        the basis for allocating grant funds under section 704, unless 
        the Secretary notifies the Committee on Banking, Housing, and 
        Urban Affairs of the Senate that the Secretary has determined 
        that an adjustment is necessary to respond to an urgent threat 
        or other significant factors.
            (4) Security improvement priorities.--Not later than 
        September 30, 2007, the Secretary of Homeland Security, after 
        consultation with the management and employee representatives 
        of each public transportation system for which a security 
        assessment has been received under paragraph (1) and with 
        appropriate State and local officials, shall establish security 
        improvement priorities that will be used by public 
        transportation agencies for any funding provided under section 
        704.
            (5) Updates.--Not later than July 31, 2008, and annually 
        thereafter, the Secretary of Homeland Security shall--
                    (A) update the security assessments referred to in 
                this subsection; and
                    (B) conduct security assessments of all public 
                transportation agencies considered to be at greatest 
                risk of a terrorist attack.
    (b) Use of Security Assessment Information.--The Secretary of 
Homeland Security shall use the information collected under subsection 
(a)--
            (1) to establish the process for developing security 
        guidelines for public transportation security; and
            (2) to design a security improvement strategy that--
                    (A) minimizes terrorist threats to public 
                transportation systems; and
                    (B) maximizes the efforts of public transportation 
                systems to mitigate damage from terrorist attacks.
    (c) Bus and Rural Public Transportation Systems.--Not later than 
July 31, 2007, the Secretary of Homeland Security shall conduct 
security assessments, appropriate to the size and nature of each 
system, to determine the specific needs of--
            (1) local bus-only public transportation systems; and
            (2) selected public transportation systems that receive 
        funds under section 5311 of title 49, United States Code.

SEC. 704. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable capital security improvements based on the priorities 
        established under section 703(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems;
                    (E) surveillance equipment;
                    (F) communications equipment;
                    (G) emergency response equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or automated vehicle locator 
                type system equipment;
                    (J) evacuation improvements; and
                    (K) other capital security improvements.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable operational security improvements based on the 
        priorities established under section 703(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) security training for public transportation 
                employees, including bus and rail operators, mechanics, 
                customer service, maintenance employees, transit 
                police, and security personnel;
                    (B) live or simulated drills;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under section 703(a)(4); and
                    (F) other appropriate security improvements 
                identified under section 703(a)(4), excluding routine, 
                ongoing personnel costs.
    (c) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 3(a)(4) and 
in awarding grants for capital security improvements and operational 
security improvements under subsections (a) and (b), respectively, the 
Secretary of Homeland Security shall ensure that its actions are 
consistent with relevant State Homeland Security Plans.
    (d) Multi-State Transportation Systems.--In cases where a public 
transportation system operates in more than 1 State, the Secretary of 
Homeland Security shall give appropriate consideration to the risks of 
the entire system, including those portions of the States into which 
the system crosses, in establishing security improvement priorities 
under section 3(a)(4), and in awarding grants for capital security 
improvements and operational security improvements under subsections 
(a) and (b), respectively.
    (e) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary of Homeland 
Security shall notify the Committee on Banking, Housing, and Urban 
Affairs of the Senate of the intent to award such grant.
    (f) Public Transportation Agency Responsibilities.--Each public 
transportation agency that receives a grant under this section shall--
            (1) identify a security coordinator to coordinate security 
        improvements;
            (2) develop a comprehensive plan that demonstrates the 
        agency's capacity for operating and maintaining the equipment 
        purchased under this section; and
            (3) report annually to the Department of Homeland Security 
        on the use of grant funds received under this section.
    (g) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than the allowable uses 
specified for that grant under this section, the grantee shall return 
any amount so used to the Treasury of the United States.

SEC. 705. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary of Homeland Security shall 
ensure that the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Secretary of Homeland Security 
        shall provide sufficient financial assistance for the 
        reasonable costs of the Information Sharing and Analysis Center 
        for Public Transportation (referred to in this subsection as 
        the ``ISAC'') established pursuant to Presidential Directive 
        63, to protect critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary of Homeland Security--
                    (A) shall require those public transportation 
                agencies that the Secretary determines to be at 
                significant risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC; and
                    (C) shall not charge a fee to any public 
                transportation agency for participating in the ISAC.

SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND 
              CONTRACTS.

    (a) Grants and Contracts Authorized.--The Secretary of Homeland 
Security, through the Homeland Security Advanced Research Projects 
Agency in the Science and Technology Directorate and in consultation 
with the Federal Transit Administration, shall award grants or 
contracts to public or private entities to conduct research into, and 
demonstrate, technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
    (b) Use of Funds.--Grants or contracts awarded under subsection 
(a)--
            (1) shall be coordinated with Homeland Security Advanced 
        Research Projects Agency activities; and
            (2) may be used to--
                    (A) research chemical, biological, radiological, or 
                explosive detection systems that do not significantly 
                impede passenger access;
                    (B) research imaging technologies;
                    (C) conduct product evaluations and testing; and
                    (D) research other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from such 
                attacks.
    (c) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department of 
Homeland Security on the use of grant or contract funds received under 
this section.
    (d) Return of Misspent Grant or Contract Funds.--If the Secretary 
of Homeland Security determines that a grantee or contractor used any 
portion of the grant or contract funds received under this section for 
a purpose other than the allowable uses specified under subsection (b), 
the grantee or contractor shall return any amount so used to the 
Treasury of the United States.

SEC. 707. REPORTING REQUIREMENTS.

    (a) Semi-Annual Report to Congress.--
            (1) In general.--Not later than March 31 and September 30 
        each year, the Secretary of Homeland Security shall submit a 
        report, containing the information described in paragraph (2), 
        to--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Appropriations of the Senate.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a description of the implementation of the 
                provisions of sections 703 through 706;
                    (B) the amount of funds appropriated to carry out 
                the provisions of each of sections 703 through 706 that 
                have not been expended or obligated; and
                    (C) the state of public transportation security in 
                the United States.
    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 each year, the 
        Secretary of Homeland Security shall submit a report to the 
        Governor of each State with a public transportation agency that 
        has received a grant under this title.
            (2) Contents.--The report submitted under paragraph (1) 
        shall specify--
                    (A) the amount of grant funds distributed to each 
                such public transportation agency; and
                    (B) the use of such grant funds.

SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the 
provisions of section 704(a), which shall remain available until 
expended.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 704(b)--
            (1) $534,000,000 for fiscal year 2007;
            (2) $333,000,000 for fiscal year 2008; and
            (3) $133,000,000 for fiscal year 2009.
    (c) Intelligence.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of section 705.
    (d) Research.--There are authorized to be appropriated $130,000,000 
for fiscal year 2007 to carry out the provisions of section 706, which 
shall remain available until expended.

SEC. 709. SUNSET PROVISION.

    The authority to make grants under this title shall expire on 
October 1, 2010.

             TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

    (a) Establishment of Office.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by adding at the end the following:

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

    ``(a) Establishment.--There shall be established in the Department 
of Homeland Security a Domestic Nuclear Detection Office. The Secretary 
of Homeland Security may request that the Secretaries of Defense, 
Energy, and State, the Attorney General, the Nuclear Regulatory 
Commission, and the directors of other Federal agencies, including 
elements of the Intelligence Community, provide for the reimbursable 
detail of personnel with relevant expertise to the Office.
    ``(b) Director.--The Office shall be headed by a Director for 
Domestic Nuclear Detection, who shall be appointed by the President.

``SEC. 1802. MISSION OF OFFICE.

    ``(a) Mission.--The Office shall be responsible for coordinating 
Federal efforts to detect and protect against the unauthorized 
importation, possession, storage, transportation, development, or use 
of a nuclear explosive device, fissile material, or radiological 
material in the United States, and to protect against attack using such 
devices or materials against the people, territory, or interests of the 
United States and, to this end, shall--
            ``(1) serve as the primary entity in the United States 
        Government to further develop, acquire, and support the 
        deployment of an enhanced domestic system to detect and report 
        on attempts to import, possess, store, transport, develop, or 
        use an unauthorized nuclear explosive device, fissile material, 
        or radiological material in the United States, and improve that 
        system over time;
            ``(2) enhance and coordinate the nuclear detection efforts 
        of Federal, State, local, and tribal governments and the 
        private sector to ensure a managed, coordinated response;
            ``(3) establish, with the approval of the Secretary of 
        Homeland Security and in coordination with the Attorney General 
        and the Secretaries of Defense and Energy, additional protocols 
        and procedures for use within the United States to ensure that 
        the detection of unauthorized nuclear explosive devices, 
        fissile material, or radiological material is promptly reported 
        to the Attorney General, the Secretaries of Defense, Homeland 
        Security, and Energy, and other appropriate officials or their 
        respective designees for appropriate action by law enforcement, 
        military, emergency response, or other authorities;
            ``(4) develop, with the approval of the Secretary of 
        Homeland Security and in coordination with the Attorney General 
        and the Secretaries of State, Defense, and Energy, an enhanced 
        global nuclear detection architecture with implementation under 
        which--
                    ``(A) the Domestic Nuclear Detection Office will be 
                responsible for the implementation of the domestic 
                portion of the global architecture;
                    ``(B) the Secretary of Defense will retain 
                responsibility for implementation of Department of 
                Defense requirements within and outside the United 
                States; and
                    ``(C) the Secretaries of State, Defense, and Energy 
                will maintain their respective responsibilities for 
                policy guidance and implementation of the portion of 
                the global architecture outside the United States, 
                which will be implemented consistent with applicable 
                law and relevant international arrangements;
            ``(5) conduct, support, coordinate, and encourage an 
        aggressive, expedited, evolutionary, and transformational 
        program of research and development efforts to prevent and 
        detect the illicit entry, transport, assembly, or potential use 
        within the United States of a nuclear explosive device or 
        fissile or radiological material;
            ``(6) support and enhance the effective sharing and use of 
        appropriate information generated by the intelligence 
        community, law enforcement agencies, counterterrorism 
        community, other government agencies, and foreign governments, 
        as well as provide appropriate information to such entities;
            ``(7) further enhance and maintain continuous awareness by 
        analyzing information from all Domestic Nuclear Detection 
        Office mission-related detection systems; and
            ``(8) perform other duties as assigned by the Secretary.

``SEC. 1803. HIRING AUTHORITY.

    ``In hiring personnel for the Office, the Secretary of Homeland 
Security shall have the hiring and management authorities provided in 
section 1101 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The term 
of appointments for employees under subsection (c)(1) of that section 
may not exceed 5 years before granting any extension under subsection 
(c)(2) of that section.

``SEC. 1804. TESTING AUTHORITY.

    ``(a) In General.--The Director shall coordinate with the 
responsible Federal agency or other entity to facilitate the use by the 
Office, by its contractors, or by other persons or entities, of 
existing Government laboratories, centers, ranges, or other testing 
facilities for the testing of materials, equipment, models, computer 
software, and other items as may be related to the missions identified 
in section 1802. Any such use of Government facilities shall be carried 
out in accordance with all applicable laws, regulations, and 
contractual provisions, including those governing security, safety, and 
environmental protection, including, when applicable, the provisions of 
section 309. The Office may direct that private-sector entities 
utilizing Government facilities in accordance with this section pay an 
appropriate fee to the agency that owns or operates those facilities to 
defray additional costs to the Government resulting from such use.
    ``(b) Confidentiality of Test Results.--The results of tests 
performed with services made available shall be confidential and shall 
not be disclosed outside the Federal Government without the consent of 
the persons for whom the tests are performed.
    ``(c) Fees.--Fees for services made available under this section 
shall not exceed the amount necessary to recoup the direct and indirect 
costs involved, such as direct costs of utilities, contractor support, 
and salaries of personnel that are incurred by the United States to 
provide for the testing.
    ``(d) Use of Fees.--Fees received for services made available under 
this section may be credited to the appropriation from which funds were 
expended to provide such services.

``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL 
              AGENCIES.

    ``The authority of the Director under this title shall not affect 
the authorities or responsibilities of any officer of the Department of 
Homeland Security or of any officer of any other Department or agency 
of the United States with respect to the command, control, or direction 
of the functions, personnel, funds, assets, and liabilities of any 
entity within the Department of Homeland Security or any Federal 
department or agency.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 103(d) of the Homeland Security Act of 2002 (6 
        U.S.C. 113(d)) is amended by adding at the end the following:
            ``(5) A Director of the Domestic Nuclear Detection 
        Office.''.
            (2) Section 302 of such Act (6 U.S.C. 182) is amended--
                    (A) in paragraph (2) by striking ``radiological, 
                nuclear''; and
                    (B) in paragraph (5)(A) by striking ``radiological, 
                nuclear''.
            (3) Section 305 of such Act (6 U.S.C. 185) is amended by 
        inserting ``and the Director of the Domestic Nuclear Detection 
        Office'' after ``Technology''.
            (4) Section 308 of such Act (6 U.S.C. 188) is amended in 
        each of subsections (a) and (b)(1) by inserting ``and the 
        Director of the Domestic Nuclear Detection Office'' after 
        ``Technology'' each place it appears.
            (5) The table of contents of such Act (6 U.S.C. 101) is 
        amended by adding at the end the following:

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

        ``Sec. 1801. Domestic Nuclear Detection Office.
        ``Sec. 1802. Mission of office.
        ``Sec. 1803. Hiring authority.
        ``Sec. 1804. Testing authority.
        ``Sec. 1805. Relationship to other department entities and 
                            Federal agencies.''.

SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT STRATEGY FOR 
              NUCLEAR AND RADIOLOGICAL DETECTION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security, the Secretary of the 
Department of Energy, the Secretary of Defense, and the Director of 
National Intelligence shall submit to Congress a research and 
development investment strategy for nuclear and radiological detection.
    (b) Contents.--The strategy under subsection (a) shall include--
            (1) a long-term technology roadmap for nuclear and 
        radiological detection applicable to the mission needs of the 
        Departments of Homeland Security, Energy, and Defense, and the 
        Office of the Director of National Intelligence;
            (2) budget requirements necessary to meet the roadmap; and
            (3) documentation of how the Departments of Homeland 
        Security, Energy, and Defense, and the Office of the Director 
        of National Intelligence will implement the intent of this 
        title.

 TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Transportation Security 
Improvement Act of 2006''.

SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.

    (a) Route Plan Guidance.--Within one year after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Homeland Security, shall--
            (1) document existing and proposed routes for the 
        transportation of radioactive and non-radioactive hazardous 
        materials by motor carrier, and develop a framework for using a 
        Geographic Information System-based approach to characterize 
        routes in the National Hazardous Materials Route Registry;
            (2) assess and characterize existing and proposed routes 
        for the transportation of radioactive and non-radioactive 
        hazardous materials by motor carrier for the purpose of 
        identifying measurable criteria for selecting routes based on 
        safety and security concerns;
            (3) analyze current route-related hazardous materials 
        regulations in the United States, Canada, and Mexico to 
        identify cross-border differences and conflicting regulations;
            (4) document the concerns of the public, motor carriers, 
        and State, local, territorial, and tribal governments about the 
        highway routing of hazardous materials for the purpose of 
        identifying and mitigating security vulnerabilities associated 
        with hazardous material routes;
            (5) prepare guidance materials for State officials to 
        assist them in identifying and reducing both safety concerns 
        and security vulnerabilities when designating highway routes 
        for hazardous materials consistent with the 13 safety-based 
        non-radioactive materials routing criteria and radioactive 
        materials routing criteria in Subpart C part 397 of title 49, 
        Code of Federal Regulations;
            (6) develop a tool that will enable State officials to 
        examine potential routes for the highway transportation of 
        hazardous material and assess specific security vulnerabilities 
        associated with each route and explore alternative mitigation 
        measures; and
            (7) transmit to the Senate Committee on Commerce, Science, 
        and Transportation, and the House of Representatives Committee 
        on Transportation and Infrastructure a report on the actions 
        taken to fulfill paragraphs (1) through (6) of this subsection 
        and any recommended changes to the routing requirements for the 
        highway transportation of hazardous materials in part 397 of 
        title 49, Code of Federal Regulations.
    (b) Route Plans.--
            (1) Assessment.--Within one year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        complete an assessment of the safety and national security 
        benefits achieved under existing requirements for route plans, 
        in written or electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                    (A) compare the percentage of Department of 
                Transportation recordable incidents and the severity of 
                such incidents for shipments of explosives and 
                radioactive materials for which such route plans are 
                required with the percentage of recordable incidents 
                and the severity of such incidents for shipments of 
                explosives and radioactive materials not subject to 
                such route plans; and
                    (B) quantify the security and safety benefits, 
                feasibility, and costs of requiring each motor carrier 
                that is required to have a hazardous material safety 
                permit under part 385 of title 49, Code of Federal 
                Regulations, to maintain, follow, and carry such a 
                route plan that meets the requirements of section 
                397.101 of that title when transporting the type and 
                quantity of hazardous materials described in section 
                385.403 of that title, taking into account the various 
                segments of the trucking industry, including tank 
                truck, truckload and less than truckload carriers.
            (2) Report.--Within one year after the date of enactment of 
        this Act, the Secretary of Transportation shall submit a report 
        to the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing the findings and 
        conclusions of the assessment.
    (c) Requirement.--The Secretary shall require motor carriers that 
have a hazardous material safety permit under part 385 of title 49, 
Code of Federal Regulations, to maintain, follow, and carry a route 
plan, in written or electronic format, that meets the requirements of 
section 397.101 of that title when transporting the type and quantity 
of hazardous materials described in section 385.403 of that title if 
the Secretary determines, under the assessment required in subsection 
(b), that such a requirement would enhance the security and safety of 
the nation without imposing unreasonable costs or burdens upon motor 
carriers.

SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications--
            (1) In General.--Consistent with the findings of the 
        Transportation Security Administration's Hazmat Truck Security 
        Pilot Program and within 6 months after the date of enactment 
        of this Act, the Secretary of Homeland Security, through the 
        Transportation Security Administration and in consultation with 
        the Secretary of Transportation, shall develop a program to 
        encourage the equipping of motor carriers transporting high 
        hazard materials in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless communications technology 
        that provides--
                    (A) continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such vehicles 
                to broadcast an emergency message.
            (2) Considerations.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for motor carrier tracking at the Department of 
                Transportation;
                    (B) take into consideration the recommendations and 
                findings of the report on the Hazardous Material Safety 
                and Security Operation Field Test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004;
                    (C) evaluate--
                            (i) any new information related to the cost 
                        and benefits of deploying and utilizing truck 
                        tracking technology for motor carriers 
                        transporting high hazard materials not included 
                        in the Hazardous Material Safety and Security 
                        Operation Field Test Report released by the 
                        Federal Motor Carrier Safety Administration on 
                        November 11, 2004;
                            (ii) the ability of truck tracking 
                        technology to resist tampering and disabling;
                            (iii) the capability of truck tracking 
                        technology to collect, display, and store 
                        information regarding the movements of 
                        shipments of high hazard materials by 
                        commercial motor vehicles;
                            (iv) the appropriate range of contact 
                        intervals between the tracking technology and a 
                        commercial motor vehicle transporting high 
                        hazard materials; and
                            (v) technology that allows the installation 
                        by a motor carrier of concealed electronic 
                        devices on commercial motor vehicles that can 
                        be activated by law enforcement authorities and 
                        alert emergency response resources to locate 
                        and recover security sensitive material in the 
                        event of loss or theft of such material.
    (b) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section $3,000,000 for 
each of fiscal years 2007, 2008, and 2009.

SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration, in 
consultation with the Secretary of Transportation, for reviewing 
hazardous materials security plans required under part 172, title 49, 
Code of Federal Regulations, within 180 days after the date of 
enactment of this Act. In establishing the program, the Secretary shall 
ensure that--
            (1) the program does not subject carriers to unnecessarily 
        duplicative reviews of their security plans by the 2 
        departments; and
            (2) a common set of standards is used to review the 
        security plans.
    (b) Civil Penalty.--The failure, by a shipper, carrier, or other 
person subject to part 172 of title 49, Code of Federal Regulations, to 
comply with any applicable section of that part within 180 days after 
being notified by the Secretary of such failure to comply, is 
punishable by a civil penalty imposed by the Secretary under title 49, 
United States Code. For purposes of this subsection, each day of 
noncompliance after the 181st day following the date on which the 
shipper, carrier, or other person received notice of the failure shall 
constitute a separate failure.
    (c) Compliance Review.--In reviewing the compliance of hazardous 
materials shippers, carriers, or other persons subject to part 172 of 
title 49, Code of Federal Regulations, with the provisions of that 
part, the Secretary shall utilize risk assessment methodologies to 
prioritize review and enforcement actions to the most vulnerable and 
critical hazardous materials transportation operations.
    (d) Transportation Costs Study.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in conjunction 
with the Secretary of Homeland Security, shall study to what extent the 
insurance, security, and safety costs borne by railroad carriers, motor 
carriers, pipeline carriers, air carriers, and maritime carriers 
associated with the transportation of hazardous materials are reflected 
in the rates paid by shippers of such commodities as compared to the 
costs and rates respectively for the transportation of non-hazardous 
materials.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $2,000,000 for fiscal year 2007;
            (2) $2,000,000 for fiscal year 2008; and
            (3) $2,000,000 for fiscal year 2009.

SEC. 905. TRUCK SECURITY ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, Senate Committee on Finance, the 
House of Representatives Committee on Transportation and 
Infrastructure, the House of Representatives Committee on Homeland 
Security, and the House of Representatives Committe on Ways and Means, 
a report on security issues related to the trucking industry that 
includes--
            (1) an assessment of actions already taken to address 
        identified security issues by both public and private entities;
            (2) an assessment of the economic impact that security 
        upgrades of trucks, truck equipment, or truck facilities may 
        have on the trucking industry and its employees, including 
        independent owner-operators;
            (3) an assessment of ongoing research and the need for 
        additional research on truck security; and
            (4) an assessment of industry best practices to enhance 
        security.

SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

    (a) Development.--The Secretary of Homeland Security, in 
conjunction with the Secretary of Transportation, shall consider the 
development of a national public sector response system to receive 
security alerts, emergency messages, and other information used to 
track the transportation of high hazard materials which can provide 
accurate, timely, and actionable information to appropriate first 
responder, law enforcement and public safety, and homeland security 
officials, as appropriate, regarding accidents, threats, thefts, or 
other safety and security risks or incidents. In considering the 
development of this system, they shall consult with law enforcement and 
public safety officials, hazardous material shippers, motor carriers, 
railroads, organizations representing hazardous material employees, 
State transportation and hazardous materials officials, private for-
profit and non-profit emergency response organizations, and commercial 
motor vehicle and hazardous material safety groups. Consideration of 
development of the national public sector response system shall be 
based upon the public sector response center developed for the 
Transportation Security Administration hazardous material truck 
security pilot program and hazardous material safety and security 
operational field test undertaken by the Federal Motor Carrier Safety 
Administration.
    (b) Capability.--The national public sector response system to be 
considered shall be able to receive, as appropriate--
            (1) negative driver verification alerts;
            (2) out-of-route alerts;
            (3) driver panic or emergency alerts; and
            (4) tampering or release alerts.
    (c) Characteristics.--The national public sector response system to 
be considered shall--
            (1) be an exception-based system;
            (2) be integrated with other private and public sector 
        operation reporting and response systems and all Federal 
        homeland security threat analysis systems or centers (including 
        the National Response Center); and
            (3) provide users the ability to create rules for alert 
        notification messages.
    (d) Carrier Participation.--The Secretary of Homeland Security 
shall coordinate with motor carriers and railroads transporting high 
hazard materials, entities acting on their behalf who receive 
communication alerts from motor carriers or railroads, or other Federal 
agencies that receive security and emergency related notification 
regarding high hazard materials in transit to facilitate the provisions 
of the information listed in subsection (b) to the national public 
sector response system to the extent possible if the system is 
established.
    (e) Data Privacy.--The national public sector response system shall 
be designed to ensure appropriate protection of data and information 
relating to motor carriers, railroads, and employees.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security a report on whether to 
establish a national public sector response system and the estimated 
total public and private sector costs to establish and annually operate 
such a system, together with any recommendations for generating private 
sector participation and investment in the development and operation of 
such a system.
    (g) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $1,000,000 for fiscal year 2007;
            (2) $1,000,000 for fiscal year 2008; and
            (3) $1,000,000 for fiscal year 2009.

SEC. 907. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration for making 
grants to private operators of over-the-road buses or over-the-road bus 
terminal operators for system-wide security improvements to their 
operations, including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;
            (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing and upgrading an emergency communications 
        system linking operational headquarters, over-the-road buses, 
        law enforcement, and emergency personnel; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Federal Share.--The Federal share of the cost for which any 
grant is made under this section shall be 80 percent.
    (c) Due Consideration.--In making grants under this section, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001, and shall 
prioritize grant funding based on the magnitude and severity of the 
security threat to bus passengers and the ability of the funded project 
to reduce, or respond to, that threat.
    (d) Grant Requirements.--A grant under this section shall be 
subject to all the terms and conditions that a grant is subject to 
under section 3038(f) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 393).
    (e) Plan Requirement.--
            (1) In general.--The Secretary may not make a grant under 
        this section to a private operator of over-the-road buses until 
        the operator has first submitted to the Secretary--
                    (A) a plan for making security improvements 
                described in subsection (a) and the Secretary has 
                approved the plan; and
                    (B) such additional information as the Secretary 
                may require to ensure accountability for the obligation 
                and expenditure of amounts made available to the 
                operator under the grant.
            (2) Coordination.--To the extent that an application for a 
        grant under this section proposes security improvements within 
        a specific terminal owned and operated by an entity other than 
        the applicant, the applicant shall demonstrate to the 
        satisfaction of the Secretary that the applicant has 
        coordinated the security improvements for the terminal with 
        that entity.
    (f) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck 
located over a baggage compartment.
    (g) Bus Security Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce, Science, and Transportation, the 
        House of Representatives Committee on Transportation and 
        Infrastructure, and the House of Representatives Committee on 
        Homeland Security a preliminary report in accordance with the 
        requirements of this section.
            (2) Contents of preliminary report.--The preliminary report 
        shall include--
                    (A) an assessment of the over-the-road bus security 
                grant program;
                    (B) an assessment of actions already taken to 
                address identified security issues by both public and 
                private entities and recommendations on whether 
                additional safety and security enforcement actions are 
                needed;
                    (C) an assessment of whether additional legislation 
                is needed to provide for the security of Americans 
                traveling on over-the-road buses;
                    (D) an assessment of the economic impact that 
                security upgrades of buses and bus facilities may have 
                on the over-the-road bus transportation industry and 
                its employees;
                    (E) an assessment of ongoing research and the need 
                for additional research on over-the-road bus security, 
                including engine shut-off mechanisms, chemical and 
                biological weapon detection technology, and the 
                feasibility of compartmentalization of the driver; and
                    (F) an assessment of industry best practices to 
                enhance security.
            (3) Consultation with industry, labor, and other groups.--
        In carrying out this section, the Secretary shall consult with 
        over-the-road bus management and labor representatives, public 
        safety and law enforcement officials, and the National Academy 
        of Sciences.
    (h) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $12,000,000 for fiscal year 2007;
            (2) $25,000,000 for fiscal year 2008; and
            (3) $25,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 908. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation and the Pipeline and 
Hazardous Materials Safety Administration, and in accordance with the 
Memorandum of Understanding Annex executed under section 909, shall 
develop a Pipeline Security and Incident Recovery Protocols Plan. The 
plan shall include--
            (1) a plan for the Federal Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 909--
                    (A) at high or severe security threat levels of 
                alert; and
                    (B) when specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.
    (b) Existing Private and Public Sector Efforts.--The plan shall 
take into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation, interstate and intrastate transmission and distribution 
pipeline operators, pipeline labor, first responders, shippers of 
hazardous materials, State Departments of Transportation, public safety 
officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the plan required by 
        subsection (a), along with an estimate of the private and 
        public sector costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section $1,000,000 for 
fiscal year 2007.

SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations in the September, 5, 
2002, Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Within 9 months after the date of 
enactment of this Act the Secretary shall complete a review of the 
pipeline security plan and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September, 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department of 
Homeland Security or the Department of Transportation, as determined by 
the Secretary in consultation with the Secretary of Transportation.
    (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), the Secretary shall utilize 
risk assessment methodologies to prioritize vulnerabilities and to 
target inspection and enforcement actions to the most vulnerable and 
critical pipeline assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall transmit to pipeline operators and the 
Secretary of Transportation security recommendations for natural gas 
and hazardous liquid pipelines and pipeline facilities. If the 
Secretary of Homeland Security determines that regulations are 
appropriate, the Secretary shall promulgate such regulations and carry 
out necessary inspection and enforcement actions. Any regulations 
should incorporate the guidance provided to pipeline operators by the 
September 5, 2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information Circular and 
contain additional requirements as necessary based upon the results of 
the inspections performed under subsection (b). The regulations shall 
include the imposition of civil penalties for non-compliance.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $2,000,000 for fiscal year 2007; and
            (2) $2,000,000 for fiscal year 2008.

SEC. 910. TECHNICAL CORRECTIONS.

    (a) Hazmat Licenses.--Section 5103a of title 49, United States 
Code, is amended--
            (1) by inserting ``of Homeland Security'' each place it 
        appears in subsections (a)(1), (d)(1)(b), and (e); and
            (2) by redesignating subsection (h) as subsection (i) and 
        inserting the following after subsection (g):
    ``(h) Relationship to Transportation Security Cards.--Upon 
application, a State shall issue to an individual a license to operate 
a motor vehicle transporting in commerce a hazardous material without 
the security assessment required by this section, provided the 
individual meets all other applicable requirements for such a license, 
if the Secretary of Homeland Security has previously determined, under 
section 70105 of title 46, United States Code, that the individual does 
not pose a security risk.''.

       TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``IP-Enabled Voice Communications 
and Public Safety Act of 2006''.

SEC. 1002. EMERGENCY SERVICE.

    (a) Access to 911 Components.--Within 90 days after the date of 
enactment of this Act, the Commission shall issue regulations regarding 
access by IP-enabled voice service providers to 911 components that 
permit any IP-enabled voice service provider to elect to be treated as 
a commercial mobile service provider for the purpose of access to any 
911 component, except that the regulations issued under this subsection 
may take into account any technical or network security issues that are 
specific to IP-enabled voice services.
    (b) State Authority Over Fees.--Nothing in this title, the 
Communications Act of 1934, or any Commission regulation or order shall 
prevent the imposition on, or collection from, a provider of IP-enabled 
voice services of any fee or charge specifically designated by a State, 
political subdivision thereof, or Indian tribe for the support of 911 
or E-911 services if that fee or charge--
            (1) does not exceed the amount of any such fee or charge 
        imposed on or collected from a provider of telecommunications 
        services; and
            (2) is obligated or expended in support of 911 and E-911 
        services, or enhancements of such services, or other emergency 
        communications services as specified in the provision of State 
        or local law adopting the fee or charge.
    (c) Parity of Protection for Provision or Use of IP-Enabled Voice 
Service.--A provider or user of IP-enabled voice services, a PSAP, and 
the officers, directors, employees, vendors, agents, and authorizing 
government entity (if any) of such provider, user, or PSAP, shall have 
the same scope and extent of immunity and other protection from 
liability under Federal and State law with respect to--
            (1) the release of subscriber information related to 
        emergency calls or emergency services,
            (2) the use or provision of 911 and E-911 services, and
            (3) other matters related to 911 and E-911 services,
as section 4 of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users 
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), 
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect 
to such release, use, and other matters.
    (d) Limitation on Commission.--Nothing in this section shall be 
construed to permit the Commission to issue regulations that require or 
impose a specific technology or technological standard.

SEC. 1003. ENFORCEMENT.

    The Commission shall enforce this title, and any regulation 
promulgated under this title, under the Communications Act of 1934 (47 
U.S.C. 151 et seq.) as if this title were a part of that Act. For 
purposes of this section any violation of this title, or any regulation 
promulgated under this title, is deemed to be a violation of the 
Communications Act of 1934.

SEC. 1004. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    (a) In General.--Section 158 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942) is 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 18 months after 
        the date of the enactment of the IP-Enabled Voice 
        Communications and Public Safety Act of 2005, the Office shall 
        develop and report to Congress on a national plan for migrating 
        to a national IP-enabled emergency network capable of receiving 
        and responding to all citizen activated emergency 
        communications.
            ``(2) Contents of plan.--The plan required by paragraph (1) 
        shall--
                    ``(A) outline the potential benefits of such a 
                migration;
                    ``(B) identify barriers that must be overcome and 
                funding mechanisms to address those barriers;
                    ``(C) include a proposed timetable, an outline of 
                costs and potential savings;
                    ``(D) provide specific legislative language, if 
                necessary, for achieving the plan;
                    ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network; and
                    ``(F) assess, collect, and analyze the experiences 
                of the PSAPs and related public safety authorities who 
                are conducting trial deployments of IP-enabled 
                emergency networks as of the date of enactment of the 
                IP-Enabled Voice Communications and Public Safety Act 
                of 2005.
            ``(3) Consultation.--In developing the plan required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.''; and
            (3) by striking ``services.'' in subsection (b)(1) and 
        inserting ``services, and, upon completion of development of 
        the national plan for migrating to a national IP-enabled 
        emergency network under subsection (d), for migration to an IP-
        enabled emergency network.''.
    (b) Report on PSAPs.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall--
                    (A) compile a list of all known public safety 
                answering points, including such contact information 
                regarding public safety answering points as the 
                Commission determines appropriate;
                    (B) organize such list by county, town, township, 
                parish, village, hamlet, or other general purpose 
                political subdivision of a State; and
                    (C) make available from such list--
                            (i) to the public, on the Internet website 
                        of the Commission--
                                    (I) the 10 digit telephone number 
                                of those public safety answering points 
                                appearing on such list; and
                                    (II) a statement explicitly warning 
                                the public that such telephone numbers 
                                are not intended for emergency purposes 
                                and as such may not be answered at all 
                                times; and
                            (ii) to public safety answering points all 
                        contact information compiled by the Commission.
            (2) Continuing duty.--The Commission shall continue--
                    (A) to update the list made available to the public 
                described in paragraph (1)(C); and
                    (B) to improve for the benefit of the public the 
                accessibility, use, and organization of such list.
            (3) Psaps required to comply.--Each public safety answering 
        point shall provide all requested contact information to the 
        Commission as requested.
    (c) Report on Selective Routers.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall--
                    (A) compile a list of selective routers, including 
                the contact information of the owners of such routers;
                    (B) organize such list by county, town, township, 
                parish, village, hamlet, or other general purpose 
                political subdivision of a State; and
                    (C) make such list available to providers of 
                telecommunications service and to providers of IP-
                enabled voice service who are seeking to provide E-911 
                service to their subscribers.

SEC. 1005. DEFINITIONS.

    (a) In General.--For purposes of this title:
            (1) 911.--The term ``911'' means a service that allows a 
        user, by dialing the three-digit code 911, to call a public 
        safety answering point operated by a State, local government, 
        Indian tribe, or authorized entity.
            (2) 911 component.--The term ``911 component'' means any 
        equipment, network, databases (including automatic location 
        information databases and master street address guides), 
        interface, selective router, trunkline, or other related 
        facility necessary for the delivery and completion of 911 or E-
        911 calls and information related to such calls to which the 
        Commission requires access pursuant to its rules and 
        regulations.
            (3) E-911 service.--The term ``E-911 service'' means a 911 
        service that automatically delivers the 911 call to the 
        appropriate public safety answering point, and provides 
        automatic identification data, including the originating number 
        of an emergency call, the physical location of the caller, and 
        the capability for the public safety answering point to call 
        the user back if the call is disconnected.
            (4) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means the provision of real-time 2-way voice 
        communications offered to the public, or such classes of users 
        as to be effectively available to the public, transmitted 
        through customer premises equipment using TCP/IP protocol, or a 
        successor protocol, for a fee (whether part of a bundle of 
        services or separately, or without a fee) with 2-way 
        interconnection capability such that the service can originate 
        traffic to, and terminate traffic from, the public switched 
        telephone network.
            (5) PSAP.--The term ``public safety answering point'' or 
        ``PSAP'' means a facility that has been designated to receive 
        911 or E-911 calls.
    (b) Common Terminology.--Except as otherwise provided in subsection 
(a), terms used in this title have the meanings provided under section 
3 of the Communications Act of 1934.

                        TITLE XI--OTHER MATTERS

SEC. 1101. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

    (a) In General.--Notwithstanding any provision of law to the 
contrary, any statutory limitation on the number of employees in the 
Transportation Security Administration, before or after its transfer to 
the Department of Homeland Security from the Department of 
Transportation, does not apply after the date of enactment of this Act.
    (b) Aviation Security.--Notwithstanding any provision of law 
imposing a limitation on the recruiting or hiring of personnel into the 
Transportation Security Administration to a maximum number of permanent 
positions, the Secretary of Homeland Security shall recruit and hire 
such personnel into the Administration as may be necessary--
            (1) to provide appropriate levels of aviation security; and
            (2) to accomplish that goal in such a manner that the 
        average aviation security-related delay experienced by airline 
        passengers is reduced to a level of less than 10 minutes.

SEC. 1102. RURAL POLICING INSTITUTE.

    (a) In General.--There is established a Rural Policing Institute, 
which shall be administered by the Office of State and Local Training 
of the Federal Law Enforcement Training Center (based in Glynco, 
Georgia), to--
            (1) evaluate the needs of law enforcement agencies of units 
        of local government and tribal governments located in rural 
        areas;
            (2) develop expert training programs designed to address 
        the needs of rural law enforcement agencies regarding combating 
        methamphetamine addiction and distribution, domestic violence, 
        law enforcement response related to school shootings, and other 
        topics identified in the evaluation conducted under paragraph 
        (1);
            (3) provide the training programs described in paragraph 
        (2) to law enforcement agencies of units of local government 
        and tribal governments located in rural areas; and
            (4) conduct outreach efforts to ensure that training 
        programs under the Rural Policing Institute reach law 
        enforcement officers of units of local government and tribal 
        governments located in rural areas.
    (b) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall be configured in a manner so as 
to not duplicate or displace any law enforcement program of the Federal 
Law Enforcement Training Center in existence on the date of enactment 
of this Act.
    (c) Definition.--In this section, the term ``rural'' means area 
that is not located in a metropolitan statistical area, as defined by 
the Office of Management and Budget.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section (including for contracts, staff, 
and equipment)--
            (1) $10,000,000 for fiscal year 2007; and
            (2) $5,000,000 for each of fiscal years 2008 through 2012.

SEC. 1103. EVACUATION IN EMERGENCIES.

    (a) Purpose.--The purpose of this section is to ensure the 
preparation of communities for future natural, accidental, or 
deliberate disasters by ensuring that the States prepare for the 
evacuation of individuals with special needs.
    (b) Evacuation Plans for Individuals With Special Needs.--The 
Secretary, acting through the Federal Emergency Management Agency, 
shall take appropriate actions to ensure that each State, as that term 
is defined in section 2(14) of the Homeland Security Act of 2002 (6 
U.S.C. 101(14)), requires appropriate State and local government 
officials to develop detailed and comprehensive pre-disaster and post-
disaster plans for the evacuation of individuals with special needs, 
including the elderly, disabled individuals, low-income individuals and 
families, the homeless, and individuals who do not speak English, in 
emergencies that would warrant their evacuation, including plans for 
the provision of food, water, and shelter for evacuees.
    (c) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report setting forth, for each State, the status and key 
        elements of the plans to evacuate individuals with special 
        needs in emergencies that would warrant their evacuation.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include a discussion of--
                    (A) whether the States have the resources necessary 
                to implement fully their evacuation plans; and
                    (B) the manner in which the plans of the States are 
                integrated with the response plans of the Federal 
                Government for emergencies that would require the 
                evacuation of individuals with special needs.

SEC. 1104. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.

    (a) Protection of Health and Safety of Individuals in a Disaster 
Area.--Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after 
section 408 the following:

``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A 
              DISASTER AREA.

    ``(a) Definitions.--In this section:
            ``(1) Certified monitoring program.--The term `certified 
        monitoring program' means a medical monitoring program--
                    ``(A) in which a participating responder is a 
                participant as a condition of the employment of such 
                participating responder; and
                    ``(B) that the Secretary of Health and Human 
                Services certifies includes an adequate baseline 
                medical screening.
            ``(2) High exposure level.--The term `high exposure level' 
        means a level of exposure to a substance of concern that is for 
        such a duration, or of such a magnitude, that adverse effects 
        on human health can be reasonably expected to occur, as 
        determined by the President in accordance with human monitoring 
        or environmental or other appropriate indicators.
            ``(3) Individual.--The term `individual' includes--
                    ``(A) a worker or volunteer who responds to a 
                disaster, either natural or manmade, involving any mode 
                of transportation in the United States or disrupting 
                the transportation system of the United States, 
                including--
                            ``(i) a police officer;
                            ``(ii) a firefighter;
                            ``(iii) an emergency medical technician;
                            ``(iv) any participating member of an urban 
                        search and rescue team; and
                            ``(v) any other relief or rescue worker or 
                        volunteer that the President determines to be 
                        appropriate;
                    ``(B) a worker who responds to a disaster, either 
                natural or manmade, involving any mode of 
                transportation in the United States or disrupting the 
                transportation system of the United States, by 
                assisting in the cleanup or restoration of critical 
                infrastructure in and around a disaster area;
                    ``(C) a person whose place of residence is in a 
                disaster area, caused by either a natural or manmade 
                disaster involving any mode of transportation in the 
                United States or disrupting the transportation system 
                of the United States;
                    ``(D) a person who is employed in or attends 
                school, child care, or adult day care in a building 
                located in a disaster area, caused by either a natural 
                or manmade disaster involving any mode of 
                transportation in the United States or disrupting the 
                transportation system of the United States, of the 
                United States; and
                    ``(E) any other person that the President 
                determines to be appropriate.
            ``(4) Participating responder.--The term `participating 
        responder' means an individual described in paragraph (3)(A).
            ``(5) Program.--The term `program' means a program 
        described in subsection (b) that is carried out for a disaster 
        area.
            ``(6) Substance of concern.--The term `substance of 
        concern' means a chemical or other substance that is associated 
        with potential acute or chronic human health effects, the risk 
        of exposure to which could potentially be increased as the 
        result of a disaster, as determined by the President, in 
        coordination with ATSDR and EPA, CDC, NIH, FEMA, OSHA, and 
        other agencies.
    ``(b) Program.--
            ``(1) In general.--If the President determines that 1 or 
        more substances of concern are being, or have been, released in 
        an area declared to be a disaster area under this Act and 
        disrupts the transportation system of the United States, the 
        President may carry out a program for the coordination and 
        protection, assessment, monitoring, and study of the health and 
        safety of individuals with high exposure levels to ensure 
        that--
                    ``(A) the individuals are adequately informed about 
                and protected against potential health impacts of any 
                substance of concern and potential mental health 
                impacts in a timely manner;
                    ``(B) the individuals are monitored and studied 
                over time, including through baseline and followup 
                clinical health examinations, for--
                            ``(i) any short- and long-term health 
                        impacts of any substance of concern; and
                            ``(ii) any mental health impacts;
                    ``(C) the individuals receive health care referrals 
                as needed and appropriate; and
                    ``(D) information from any such monitoring and 
                studies is used to prevent or protect against similar 
                health impacts from future disasters.
            ``(2) Activities.--A program under paragraph (1) may 
        include such activities as--
                    ``(A) collecting and analyzing environmental 
                exposure data;
                    ``(B) developing and disseminating information and 
                educational materials;
                    ``(C) performing baseline and followup clinical 
                health and mental health examinations and taking 
                biological samples;
                    ``(D) establishing and maintaining an exposure 
                registry;
                    ``(E) studying the short- and long-term human 
                health impacts of any exposures through epidemiological 
                and other health studies; and
                    ``(F) providing assistance to individuals in 
                determining eligibility for health coverage and 
                identifying appropriate health services.
            ``(3) Timing.--To the maximum extent practicable, 
        activities under any program carried out under paragraph (1) 
        (including baseline health examinations) shall be commenced in 
        a timely manner that will ensure the highest level of public 
        health protection and effective monitoring.
            ``(4) Participation in registries and studies.--
                    ``(A) In general.--Participation in any registry or 
                study that is part of a program carried out under 
                paragraph (1) shall be voluntary.
                    ``(B) Protection of privacy.--The President shall 
                take appropriate measures to protect the privacy of any 
                participant in a registry or study described in 
                subparagraph (A).
                    ``(C) Priority.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the President shall give priority 
                        in any registry or study described in 
                        subparagraph (A) to the protection, monitoring 
                        and study of the health and safety of 
                        individuals with the highest level of exposure 
                        to a substance of concern.
                            ``(ii) Modifications.--Notwithstanding 
                        clause (i), the President may modify the 
                        priority of a registry or study described in 
                        subparagraph (A), if the President determines 
                        such modification to be appropriate.
            ``(5) Cooperative agreements.--
                    ``(A) In general.--The President may carry out a 
                program under paragraph (1) through a cooperative 
                agreement with a medical institution, including a local 
                health department, or a consortium of medical 
                institutions.
                    ``(B) Selection criteria.--To the maximum extent 
                practicable, the President shall select, to carry out a 
                program under paragraph (1), a medical institution or a 
                consortium of medical institutions that--
                            ``(i) is located near--
                                    ``(I) the disaster area with 
                                respect to which the program is carried 
                                out; and
                                    ``(II) any other area in which 
                                there reside groups of individuals that 
                                worked or volunteered in response to 
                                the disaster; and
                            ``(ii) has appropriate experience in the 
                        areas of environmental or occupational health, 
                        toxicology, and safety, including experience 
                        in--
                                    ``(I) developing clinical protocols 
                                and conducting clinical health 
                                examinations, including mental health 
                                assessments;
                                    ``(II) conducting long-term health 
                                monitoring and epidemiological studies;
                                    ``(III) conducting long-term mental 
                                health studies; and
                                    ``(IV) establishing and maintaining 
                                medical surveillance programs and 
                                environmental exposure or disease 
                                registries.
            ``(6) Involvement.--
                    ``(A) In general.--In carrying out a program under 
                paragraph (1), the President shall involve interested 
                and affected parties, as appropriate, including 
                representatives of--
                            ``(i) Federal, State, and local government 
                        agencies;
                            ``(ii) groups of individuals that worked or 
                        volunteered in response to the disaster in the 
                        disaster area;
                            ``(iii) local residents, businesses, and 
                        schools (including parents and teachers);
                            ``(iv) health care providers;
                            ``(v) faith based organizations; and
                            ``(vi) other organizations and persons.
                    ``(B) Committees.--Involvement under subparagraph 
                (A) may be provided through the establishment of an 
                advisory or oversight committee or board.
            ``(7) Privacy.--The President shall carry out each program 
        under paragraph (1) in accordance with regulations relating to 
        privacy promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
        1320d-2 note; Public Law 104-191).
            ``(8) Existing programs.--In carrying out a program under 
        paragraph (1), the President may--
                    ``(A) include the baseline clinical health 
                examination of a participating responder under a 
                certified monitoring programs; and
                    ``(B) substitute the baseline clinical health 
                examination of a participating responder under a 
                certified monitoring program for a baseline clinical 
                health examination under paragraph (1).
    ``(c) Reports.--Not later than 1 year after the establishment of a 
program under subsection (b)(1), and every 5 years thereafter, the 
President, or the medical institution or consortium of such 
institutions having entered into a cooperative agreement under 
subsection (b)(5), may submit a report to the Secretary of Homeland 
Security, the Secretary of Health and Human Services, the Secretary of 
Labor, the Administrator of the Environmental Protection Agency, and 
appropriate committees of Congress describing the programs and studies 
carried out under the program.''.
    (b) National Academy of Sciences Report on Disaster Area Health and 
Environmental Protection and Monitoring.--
            (1) In general.--The Secretary, the Secretary of Health and 
        Human Services, and the Administrator of the Environmental 
        Protection Agency shall jointly enter into a contract with the 
        National Academy of Sciences to conduct a study and prepare a 
        report on disaster area health and environmental protection and 
        monitoring.
            (2) Participation of experts.--The report under paragraph 
        (1) shall be prepared with the participation of individuals who 
        have expertise in--
                    (A) environmental health, safety, and medicine;
                    (B) occupational health, safety, and medicine;
                    (C) clinical medicine, including pediatrics;
                    (D) environmental toxicology;
                    (E) epidemiology;
                    (F) mental health;
                    (G) medical monitoring and surveillance;
                    (H) environmental monitoring and surveillance;
                    (I) environmental and industrial hygiene;
                    (J) emergency planning and preparedness;
                    (K) public outreach and education;
                    (L) State and local health departments;
                    (M) State and local environmental protection 
                departments;
                    (N) functions of workers that respond to disasters, 
                including first responders;
                    (O) public health; and
                    (P) family services, such as counseling and other 
                disaster-related services provided to families.
            (3) Contents.--The report under paragraph (1) shall provide 
        advice and recommendations regarding protecting and monitoring 
        the health and safety of individuals potentially exposed to any 
        chemical or other substance associated with potential acute or 
        chronic human health effects as the result of a disaster, 
        including advice and recommendations regarding--
                    (A) the establishment of protocols for monitoring 
                and responding to chemical or substance releases in a 
                disaster area to protect public health and safety, 
                including--
                            (i) chemicals or other substances for which 
                        samples should be collected in the event of a 
                        disaster, including a terrorist attack;
                            (ii) chemical- or substance-specific 
                        methods of sample collection, including 
                        sampling methodologies and locations;
                            (iii) chemical- or substance-specific 
                        methods of sample analysis;
                            (iv) health-based threshold levels to be 
                        used and response actions to be taken in the 
                        event that thresholds are exceeded for 
                        individual chemicals or other substances;
                            (v) procedures for providing monitoring 
                        results to--
                                    (I) appropriate Federal, State, and 
                                local government agencies;
                                    (II) appropriate response 
                                personnel; and
                                    (III) the public;
                            (vi) responsibilities of Federal, State, 
                        and local agencies for--
                                    (I) collecting and analyzing 
                                samples;
                                    (II) reporting results; and
                                    (III) taking appropriate response 
                                actions; and
                            (vii) capabilities and capacity within the 
                        Federal Government to conduct appropriate 
                        environmental monitoring and response in the 
                        event of a disaster, including a terrorist 
                        attack; and
                    (B) other issues specified by the Secretary, the 
                Secretary of Health and Human Services, and the 
                Administrator of the Environmental Protection Agency.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.

SEC. 1105. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL OPERATIONS.

    (a) In General.--During fiscal year 2007, the Commissioner shall 
extend the hours of commercial operations at the port of entry located 
at Santa Teresa, New Mexico, to a minimum of 16 hours a day.
    (b) Report.--The Commissioner shall submit a report to the 
appropriate congressional committees not later than September 30, 2007, 
with respect to the extension of hours of commercial operations 
described in subsection (a). The report shall include:
            (1) an analysis of the impact of the extended hours of 
        operation on the port facility, staff, and trade volume handled 
        at the port; and
            (2) recommendations regarding whether to extend such hours 
        of operation beyond fiscal year 2007.

SEC. 1106. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Assistant Secretary for the Transportation 
Security Administration shall submit to Congress a security plan for 
Essential Air Service airports in the United States.
    (b) Elements of Plan.--The security plan required by subsection (a) 
shall include the following:
            (1) Recommendations for improved security measures at such 
        airports.
            (2) Recommendations for proper passenger and cargo security 
        screening procedures at such airports.
            (3) A timeline for implementation of recommended security 
        measures or procedures at such airports.
            (4) Cost analysis for implementation of recommended 
        security measures or procedures at such airports.

SEC. 1107. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.

    (a) Definitions.--In this section:
            (1) Homeland security grant.--The term ``homeland security 
        grant'' means any grant made or administered by the Department, 
        including--
                    (A) the State Homeland Security Grant Program;
                    (B) the Urban Area Security Initiative Grant 
                Program;
                    (C) the Law Enforcement Terrorism Prevention 
                Program;
                    (D) the Citizen Corps; and
                    (E) the Metropolitan Medical Response System.
            (2) Local government.--The term ``local government'' has 
        the meaning given the term in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
    (b) Required Disclosures.--Each State or local government that 
receives a homeland security grant shall, not later than 12 months 
after the later of the date of enactment of this Act and the date of 
receipt of such grant, and every 12 months thereafter until all funds 
provided under such grant are expended, report to the Secretary a list 
of all expenditures made by such State or local government using funds 
from such grant.

SEC. 1108. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN THE 
              NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

    The National Domestic Preparedness Consortium shall include the 
Transportation Technology Center in Pueblo, Colorado.

SEC. 1109. TRUCKING SECURITY.

    (a) Legal Status Verification for Licensed United States Commercial 
Drivers.--Not later than 12 months after the date of the enactment of 
this Act, the Secretary of Transportation, in cooperation with the 
Secretary of Homeland Security, shall issue regulations to implement 
the recommendations contained in the memorandum of the Inspector 
General of the Department of Transportation issued on June 4, 2004 
(Control No. 2004-054).
    (b) Commercial Driver's License Anti-Fraud Programs.--Not later 
than 12 months after the date of the enactment of this Act, the 
Secretary of the Transportation, in conjunction with the Secretary of 
the Department of Homeland Security, shall issue a regulation to 
implement the recommendations contained in the Report on Federal Motor 
Carrier Safety Administration Oversight of the Commercial Driver's 
License Program (MH-2006-037).
    (c) Verification of Commercial Motor Vehicle Traffic.--
            (1) Guidelines.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall draft guidelines for Federal, State, and local law 
        enforcement officials, including motor carrier safety 
        enforcement personnel, to improve compliance with Federal 
        immigration and customs laws applicable to all commercial motor 
        vehicles and commercial motor vehicle operators engaged in 
        cross-border traffic.
            (2) Verification.--Not later than 12 months after the date 
        of the enactment of this Act, the Administrator of the Federal 
        Motor Carrier Safety Administration shall modify the final rule 
        regarding the enforcement of operating authority (Docket No. 
        FMCSA-2002-13015) to establish a system or process by which a 
        carrier's operating authority can be verified during a roadside 
        inspection.

SEC. 1110. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS 
              FOR SUSPENDED AIR PASSENGER SERVICE.

    Section 145(c) of the Aviation and Transportation Security Act (49 
U.S.C. 40101 note) is amended by striking ``November 19, 2005.'' and 
inserting ``November 30, 2007.''.

SEC. 1111. MAN-PORTABLE AIR DEFENSE SYSTEMS.

    (a) In General.--It is the sense of Congress that the budget of the 
United States Government submitted by the President for fiscal year 
2008 under section 1105(a) of title 31, United States Code, should 
include an acquisition fund for the procurement and installation of 
countermeasure technology, proven through the successful completion of 
operational test and evaluation, to protect commercial aircraft from 
the threat of Man-Portable Air Defense Systems (MANPADS).
    (b) Definition of MANPADS.--In this section, the term ``MANPADS'' 
means--
            (1) a surface-to-air missile system designed to be man-
        portable and carried and fired by a single individual; and
            (2) any other surface-to-air missile system designed to be 
        operated and fired by more than one individual acting as a crew 
        and portable by several individuals.

SEC. 1112. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER AIR WING.

    In addition to any other amounts authorized to be appropriated for 
Air and Marine Operations of United States Customs and Border 
Protection, there are authorized to be appropriated for fiscal year 
2007 and 2008 for operating expenses of the Northern Border Air Wing, 
$40,000,000 for the branch in Great Falls, Montana.

SEC. 1113. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of background records checks carried out by Federal 
departments and agencies that are similar to the background records 
check required under section 5103a of title 49, United States Code, to 
identify redundancies and inefficiencies in connection with such 
checks.
    (b) Contents.--In conducting the study, the Comptroller General of 
the United States shall review, at a minimum, the background records 
checks carried out by--
            (1) the Secretary of Defense;
            (2) the Secretary of Homeland Security; and
            (3) the Secretary of Energy.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress on the results of the study, 
including--
            (1) an identification of redundancies and inefficiencies 
        referred to in subsection (a); and
            (2) recommendations for eliminating such redundancies and 
        inefficiencies.

SEC. 1114. 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.

SEC. 1115. 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.''.

SEC. 1116. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR CHEMICALS.

    (a) Compliance With Performance Plan Requirements.--For each of the 
fiscal years of 2007, 2009, and 2011, as part of the annual performance 
plan required in the budget submission of the United States Customs and 
Border Protection under section 1115 of title 31, United States Code, 
the Commissioner shall establish performance indicators relating to the 
seizure of methamphetamine and methamphetamine precursor chemicals in 
order to evaluate the performance goals of the United States Customs 
and Border Protection with respect to the interdiction of illegal drugs 
entering the United States.
    (b) Study and Report Relating to Methamphetamine and 
Methamphetamine Precursor Chemicals.--
            (1) Analysis.--The Commissioner shall, on an ongoing basis, 
        analyze the movement of methamphetamine and methamphetamine 
        precursor chemicals into the United States. In conducting the 
        analysis, the Commissioner shall--
                    (A) consider the entry of methamphetamine and 
                methamphetamine precursor chemicals through ports of 
                entry, between ports of entry, through the mails, and 
                through international courier services;
                    (B) examine the export procedures of each foreign 
                country where the shipments of methamphetamine and 
                methamphetamine precursor chemicals originate and 
                determine if changes in the country's customs over time 
                provisions would alleviate the export of 
                methamphetamine and methamphetamine precursor 
                chemicals; and
                    (C) identify emerging trends in smuggling 
                techniques and strategies.
            (2) Report.--Not later than September 30, 2007, and each 2-
        year period thereafter, the Commissioner, in the consultation 
        with the United States Immigration and Customs Enforcement, the 
        United States Drug Enforcement Administration, and the United 
        States Department of State, shall submit a report to the 
        Committee on Finance and the Committee on Foreign Relations of 
        the Senate, and the Committee on Ways and Means and the 
        Committee on International Relations of the House of 
        Representatives, that includes--
                    (A) a comprehensive summary of the analysis 
                described in paragraph (1); and
                    (B) a description of how the Untied States Customs 
                and Border Protection utilized the analysis described 
                in paragraph (1) to target shipments presenting a high 
                risk for smuggling or circumvention of the Combat 
                Methamphetamine Epidemic Act of 2005 (Public Law 109-
                177).
            (3) Availability of analysis.--The Commissioner shall 
        ensure that the analysis described in paragraph (1) is made 
        available in a timely manner to the Secretary of State to 
        facilitate the Secretary in fulfilling the Secretary's 
        reporting requirements in section 722 of the Combat 
        Methamphetamine Epidemic Act of 2005.
    (c) Definition.--In this section, the term ``methamphetamine 
precursor chemicals'' means the chemicals ephedrine, pseudoephedrine, 
or phenylpropanolamine, including each of the salts, optical isomers, 
and salts of optical isomers of such chemicals.

SEC. 1117. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING PROGRAM.

    (a) Implementation Status.--Within 180 days after the date of 
enactment of this Act, the Comptroller General shall assess the 
Department of Homeland Security's aircraft charter customer and lessee 
prescreening process mandated by section 44903(j)(2) of title 49, 
United States Code, and report on the status of the program, its 
implementation, and its use by the general aviation charter and rental 
community and report the findings, conclusions, and recommendations, if 
any, of such assessment to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Homeland Security.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 4954

_______________________________________________________________________

                               AMENDMENT
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